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Agenda 01/23/2007 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 23, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004 -05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. December 7, 2006 - BCC/Land Development Code Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Steven Epright, EMS 2. Tracey Payne, IT B. 25 Year Attendees 1. Sue Filson, BCC Office 4. PROCLAMATIONS A. Proclamation designating January 21, 2007 - January 27, 2007 as Hazardous Materials Awareness Week. Proclamation will be accepted by Richard A. Zyvoloski, Jr., Emergency Management Coordinator, Bureau of Emergency Services. B. Proclamation designating January 1, 2007 through December 31, 2007 as the Golden Anniversary Year for the Friends of the Library of Collier County, Inc. and Collier County Public Library. To be accepted by Mr. Nick Linn, President, Friends of the Library of Collier County and Ms. Marilyn Matthes, Director, Collier County Public Library. 5. PRESENTATIONS A. Widening the existing two lane rural roadway of Vanderbilt Beach Road to a six lane urban roadway between Airport- Pulling and Collier Boulevard. Project has six foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has over 25 miles of underground utility work. 6. PUBLIC PETITIONS A. Public Petition request by Joseph Harrington to discuss addition of a patio enclosure to buffer noise from sewer system. B. Public Petition request by Larry Baytos to discuss the merits of an exploratory study of Home Rule Charter Government. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted 7. BOARD OF ZONING APPEALS Page 2 of 11 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard before Companion Item 8B PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD. This item was continued from the November 28, 2006 BCC meeting and the December 12, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake- Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item 8B PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD) B. This item to be heard following Companion Item 8A PUDA - 2006 -AR -9576 Homes of Islandia RPUD. This item was continued from the November 28, 2006 BCC meeting and the December 12, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD ( LASIP Conservation Area). The CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrenity to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item 8A PUDA- 2006 -AR -9576 Homes of Islandia). C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA - 2005 -AR -8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres, is located along the west side of Airport - Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ -A -AR- 8550). Page 3 of 11 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2005 -AR -8550: Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres, is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DRIDOA- 2005 -AR- 8543). E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA- 2005 -AR -7818, Freeland and Schuh, Inc., represented by Tim Hancock, of Davidson Engineering, is requesting an amendment to the Pine View PUD to permit automotive sales within the PUD and increase the allowable building height from 35 feet to 45 feet. The subject property, consisting of 15.58 acres, is located on the southwest corner of Pine Ridge Road and Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. F. This item is a companion to Items 10E and 1 O which will be heard at 1:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75/ Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developers Contribution Agreement G. This item was continued from the November 14, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2006 -AR -9610 G.L. Homes of Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2 -year PUD Extensions for the Terafina PUD (Ordinance 04- 15) which is scheduled to sunset on March 9, 2007. The subject property consists of 636.8 acres and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of member to the Educational Facilities Authority. C. Appointment of member to the Industrial Development Authority. D. Appointment of member to the Public Vehicle Advisory Committee. Page 4 of 11 E. Appointment of member to the Ochopee Fire Control District Advisory Committee. Appointment of member to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. G. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. H. Appointment of members to the Land Acquisition Advisory Committee. I. Appointment of member to the Pelican Bay Services Division Board. J. Request Board to set the balloting date for the recommendation of members to the Pelican Bay Services Division board by Record Title Owners of property within Pelican Bay. K. Recommendation to assign to the County Government Productivity Committee the task of studying the potential benefits of a charter government compared to our present form of government, and to direct The Productivity Committee to report their findings and recommendations to the Board of County Commissioners. (Commissioner Coletta) L. Discussion regarding Collier County's position on property insurance legislation. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to approve the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A- category. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. This is a Companion Item to Item 14B and to be heard after Items 14A and 14B are discussed by the CRA at 4:30 p.m. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in Immokalee. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) C. This item to be heard at 4:45 p.m. Quarterly Report of the Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners of Progress Ending on December 31, 2006 (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) D. Recommendation to approve the FY 07 agreement between Collier County Board of Commissioners and the David Lawrence Mental Health Center, Inc. in the amount of $1,035,600. (Marla Ramsey, Administrator, Public Services) E. This item to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) F. This item to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) G. Recommendation to award Contract 07 -4075 - "Lely Area Stormwater Improvement Project (LASIP) Phase 1A" to Mitchell & Stark Construction Company, Inc in the amount of $2,459,003. ( Stormwater Management Department Project #51101) (Norman Feder, Administrator, Transportation Services) Page 5 of 11 H. Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $7,000,000. (Jim Mudd, County Manager) Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis- Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:30 p.m. Recommend the Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice -Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the County Manager or his designee to modify Resolution 2001 -98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. B. This item to be heard at 4:30 p.m. and is to be heard before Companion Item 10B. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facilities for Falling Waters Beach Resort. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 13, Middlebrooke Townhomes, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 6 of 11 3. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake .Trafford Block C, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security B. TRANSPORTATION SERVICES 1. Recommendation to approve a budget amendment to recognize revenue from a Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724 Fund (313) in the amount of $90,000 and appropriate within the project. (Project No. 60172) 2. Recommendation to award Bid #07 -4074 U.S. 41 (SR 90) Tamiami Trail East (Phase C- Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation to Vila & Son in the amount of $549,015.37 with 10% contingency of $54,901.54 for a total of $603,916.91 (Project #600261). 3. Recommendation to award Bid #07- 4079U.S. 41 (SR 90) Tamiami Trail East (Phase E- Barefoot Williams Road to 951) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $569,627.72 with 10% contingency of $56,962.77 for a total of $626,590.49 (Project #600451). 4. Recommendation to award Bid #07- 4080U.S. 41 (SR 90) Tamiami Trail East (Phase D -St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $925,396.63 with 10% contingency of $92,539.66 for a total of $1,017,936.29 (Project #600231). 5. Recommendation to award Bid #07 -4091 Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan to Hannula Landscaping Inc. in the amount of $478,939.64 with 10% contingency of $47,893.96 for a total of $526,833.60 (Project #600701). 6. Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from various Developers for the PUD Monitoring Program in the amount of $79,929 and appropriate within Fund (101). 7. Approve a Budget Amendment recognizing an additional $36,568.00 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2007. 8. Approve the purchase of 2.41 (Parcel #137) acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) 9. Approve the purchase of 2.41 acres (Parcel #139)of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) 10. Recommendation to award Bid #07 -4093 - Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road) to Hannula Landscaping Inc. in the amount of $856,950.03.(Fund 313, Project #600054). 11. Recommendation to award Bid #07 -4073 US 41 Tamiami Trail North (SR 45) Phase V (Wiggins Pass to County Line) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $683.891.35 with 10% contingency of $68,389.13 for a total of $752,280.48 (Project #600211). 12. Recommendation for the Board of County Commissioners to approve budget amendments to re -align the Surveying, Underground Locates, and ROW Permitting Sections from Traffic Operations and Stormwater Management Departments to the Road and Bridge Department in the amount of $207,129. 13. Recommendation to approve the Collier Area Transit Substance Abuse Policy. u 14. Recommendation that the Board of County Commissioners approve one (1) Adopt -A -Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. Page 7of11 15. Recommendation to approve the purchase of one fixed route bus to be operated by Collier Area Transit. C. PUBLIC UTILITIES 1. Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the Henderson Creek Park water distribution system at a cost not to exceed $3,250, Project 710101. 2. Recommendation to award Contract 07 -4071 Financial Consulting Services to Public Resources Management Group, Inc. (PRMG), in an estimated annual amount of approximately $300,000. 3. Recommendation to convey a Utility and Access Easement to the Water -Sewer District for the construction and maintenance of raw water pipelines, and access, on property owned by Collier County within the CR -951 Canal Corridor at an estimated cost not to exceed $18.50, Project Number 700661. 4. Recommendation to approve the acquisition of a 50 -foot by 60 -foot Utility Easement near the northwest corner of 481 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Number 700661. 5. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. 6. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. �... 7. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 8. Award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07 -4088, project 73050. D. PUBLIC SERVICES 1. Approve Agreement for funding in the amount of $600,000 towards costs of repairs of Everglades City Hall as approved by the Board on November 21, 2006. 2. Recommendation to Approve a Resolution Designating February 2007 as Domestic Animal Services Senior Appreciation Month and Providing Senior Citizens a $10.00 Discount for the Adoption of Dogs and Cats During that Month. 3. Recommendation to accept Grant Agreement #06174 from the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program (FBIP) Grant to fund the Collier County Boater Education Project in the amount of $14,000. Approve Budget Amendments to recognize grant funds and transfer previously recognized match /seed money in the amount of $8,000 from Cedar Bay Marina. 4. Recommendation to approve a budget amendment recognizing $3,300 in revenue from Pepsi Bottling Group, Inc. as initial support funds and appropriating funds for purchase of additional food concession equipment. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve Change Order No. 8 to Work Order #BSSW- 00 -07, Design of the North Collier Government Services Center, under Contract 99 -2930, Fixed Term Professional Architectural Services with BSSW Architects, Inc. in the amount of $45,375 Page 8 of 11 F. COUNTY MANAGER 1. Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a budget amendment recognizing and appropriating the $250 annual renewal fee. 2. Recommend Approval of Revised Collier County Beach Parking Policy and authorize staff to amend Ordinance 8917 and or Resolution 2002 -430 as necessary. 3. Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $24,200. 4. Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $175,000. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood, Director, Lower West Coast, on Wednesday, January 10, 2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. $35.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood, Director, Lower West Coast, on Wednesday, January 10, 2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. $35.00 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Prepaid to attend the EDC Industry and Opportunity Tour on February 2, 2007. $20.00 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Naples Children & Education Foundation's reception on Tuesday, January 16, 2007 at The Pavilion Cinemas in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. 5. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Right Angle Club's Luncheon Meeting on Wednesday, January 11, 2007 at The Vanderbilt Golf and Country Club in Naples, Florida. A total of $15.00 to be paid from Commissioner Coletta's travel budget. 6. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Spoke at the Heritage Bay Affordable Housing Groundbreaking and attended their Luncheon on Friday, January 19, 2007 at The Heritage Bay in Naples, Florida. A total of $16.00 to be paid from Commissioner Coletta's travel budget to cover the cost of the luncheon. 7. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Friends of the Library Champagne Under the Stars 50th Year Anniversary on Friday, January 12th, 2007 at the Library Headquarters; $20.00 to be paid from Commissioner Fiala's travel budget. Page 9 of 11 8. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. To Attend the Bayshore Cultural Arts HeArts in the Garden Series on February 2nd and February 9th, 2007; $50.00 to be paid from Commissioner Fiala's travel budget. 9. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association 207 Annual Dinner on Monday, January 22nd, 2007; $35.00 to be paid from Commissioner Fiala's travel budget. 10. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Workforce Housing Consensus #3 on Monday, January 15th, 2007; $15.00 to be paid from Commissioner Fiala's travel budget. 11. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the CREW Land and Water Trust Annual Meeting on Friday, January 26th, 2007 at The Club at Barefoot Beach; $20.00 to be paid from Commissioner Fiala's travel budget. 12. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Area Chamber of Commerce Installation of 2007 President on Sunday, January 14th, 2007; $65.00 to be paid from Commissioner Fiala's travel budget. 13. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Workforce Housing Consensus #2 on Friday, January 12th, 2007; $16.00 to be paid from Commissioner Fiala's travel budget. 14. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Martin Luther King, Jr. VIP Reception on January 13, 2007 and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of December 23, 2006 through December 29, 2006 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of December 30, 2006 through January 05, 2007 and for submission into the official records of the board. 3. Recommendation that the Board of County Commissioners approve the attached Resolution which supports the Collier County Sheriffs Office efforts to research and implement a work - release program as authorized and defined in 951.24, Florida Statutes. K. COUNTY ATTORNEY 1. Recommendation to approve settlement in the lawsuit entitled Gundeck v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06- 490 -CA, for $55,000.00. 2. Recommendation to accept Respondents Offer of Judgment in the amount of $19,000.00 for Parcel 149 and approve the Stipulated Final Judgment in the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04- 600 -CA (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact $6,078.00). Page 10 of 11 3. Recommendation to Approve an Agreed Order for Payment of Engineering Fees in the amount of $1,600.00 in Connection with Parcel 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et al., Case No. 04- 3452 -CA (Immokalee Road Project No. 66042). Fiscal Impact: $1,600.00. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item was continued from the December 12, 2006 BCC and January 9, 2007 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT- 2006 -AR -9775, Hanson to disclaim, renounce and vacate the Countys and the Publics interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SV- 2006 -AR -9400, for an After - The -Fact Sign Variance for the Swamp Buggy Races /Florida Sports Park. The Sign Variance requested is to allow the existing non - conforming (Location, Size And Height) Off - Premises Directional Sign to remain at its existing location for a period of not more than three - years. The subject property is Collier County Public Right -Of -Way (Row) Collier Boulevard (CR 951) and south Florida Water Management District (SFWMD) Big Cypress Basin Easement along Collier Boulevard (CR 951) is located on the Southeast corner of Collier Boulevard and Rattlesnake - Hammock Road (CR 864) on property hereinafter described in Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 23, 2007 Add On Item 2C: January 10, 2007 — BCC Special Meeting with South Florida Water Management District. (Minutes & Records request.) Item 8A should read: Page 4 under Considerations, first paragraph, last sentence should read: ".... is not being utilized since the residents are (rather than residence is) ...." Commissioner Fiala's request.) Item 8C should read: Under Fiscal Impact, 1" paragraph, "PUD amendment" to be replaced with "DRI amendment ". (Commissioner Fiala's request.) Item 91 continued indefinitely: Appointment of member to the Pelican Bay Services Division Board. (Staff's request.) Add On Item 9M: Board of County Commissioners to consider giving staff direction to place CP- 2006-06 in the 2005 Growth Management Plan Amendment Cycle, or to create a special cycle for GMP amendments that provide for affordable housing. This request is a proactive measure, given the loss of State funding for essential services personnel (ESP) housing that was denied by the Florida Housing Finance Committee. The specific GMP amendment will provide for 1176 affordable housing units on approximately 196 acres of land, of which 30% of those units would be for low income homes and the balance of the units apportioned for ESP and gap housing. (Commissioner Coletta's request.) Withdraw Item 16C8: Award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07 -4088, project 730560. (Staff's request.) Item 16172 should read: Under Fiscal Impact, "The source of funds is from general fund ad valorem taxes" (rather than category "A" Tourist Development Taxes). Also note that recommended revisions to the Beach Parking Policy will become effective upon Board approval of the required amendment to Ordinance 89 -17 and /or Resolution 2002 -430. (Staff's request.) Withdraw Item 16H12: Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Area Chamber of Commerce Installation of 2007 President on Sunday, January 14, 2007; $65.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Time Certain Items: 11:00 a.m. Item 10A 1:00 p.m. Items 10E, 10F, 8F 4:30 p.m. Items 14A and 14B and 10B 4:45 p.m. 10C After 5:00 p.m. Item 101 Item 10A to be heard at 11:00 a.m.: Recommendation to approve the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A- category. Item 10E to be heard at 1:00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. Item 10F to be heard at 1:00 p.m. immediately following 10E: Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. Item 8F to be heard at 1:00 p.m. immediately following 10E and 10F: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 1Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developer's Contribution Agreement. Item 14A to be heard at 4:30 p.m. Recommend the Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice - Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the County Manager or his designee to modify Resolution 2001 -98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. Item 14B to be heard at 4:30 p.m. following Item 14A: Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. Item 10B to be heard at 4:30 p.m. following Items 14A and 148: Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in Immokalee. Item 10C to be heard at 4:45 p.m. Quarterly report of the Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners of progress ending on December 31, 2006. Item 101 to be heard after 5:00 p.m. Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis- Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay. Agenda Item No. 4A January 23. 2007 Page 1 of 2 PROCLAMATION WHEREAS, the safe use of hazardous material is essential to business, industry and local governments to maintain economic stability, and to protect the citizens of the Ninth Planning District of Florida, and, WHEREAS, it is essential to plan and prepare for the accidental release of hazardous materials and to protect the well being of all citizens and visitors in the District, and, WHEREAS, response teams, such as fire, police, and emergency medical services must know the types of hazardous materials and chemicals that are being used and stored in the event of an incident to respond safely: and, WHEREAS, all citizens have a Right -to -Know the types of hazardous materials and chemicals in their communities, and a Right -to -Know the proper procedures to take in case of an occident or emergency: and, WHEREAS, the Southwest Florida Local Emergency Planning Committee recognizes the importance of community awareness of the Emergency Planning and Community Right -to -Know Act enacted by the United States Congress. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 21, 2007 through January 27, 2007 be designated as HAZARDOUS MATERIALS AWARENESS WEEK DONE AND ORDERED THIS 23rd Day of January, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JIM COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agency Item No. 4A January 23, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A. Item Summary: Proclamation designating January 21, 2007 - January 27, 2007 as Hazardous Materials Awareness Week. Proclamation will be accepted by Richard A Zyvoioski. Jr.. Emergency Management Coordinator. Bureau o+ Emergency Services. Meeting Date: 1/23/2007 EL0000 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC office 1/91200711:37:41) AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11101200711:04 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/1012007 8:20 PM Agenda Item No. 4B January 23, 2007 Page 1 of 2 P R 0 C L A M ATION WHEREAS, in 1957, the newly formed Friends of the Library of Collier County, Inc. brought a petition before the Collier County Board of Commissioners requesting to turn the small "Book Room" located in the Naples Woman's Club's (then) new building into the first "Free" public library in Collier County, and, WHEREAS, said petition was approved by the Board of County Commissioners, thereby establishing the Collier County Free Public Library; and, WHEREAS, beginning Monday, January 1, 2007, and continuing through December 31, 2007, Collier County Public Library and the Friends of the Library of Collier County will commence with a year -long celebration honoring their fifty years of service to the community; and, WHEREAS, this year -long celebration reflects their continuing commitment to provide the highest levels of service possible to county residents; and, WHEREAS, 50"' birthday activities will showcase the important role the Friends of the Library and Collier County Public Library play in the daily lives of all county residents; and, WHEREAS, through the library's two regional and seven branch libraries, patrons are able to enjoy a good book; enhance literary skills; research health and financial issues; receive computer instruction; access the World Wide Web; download audio books to their personal computers; enjoy a first -rate classic, foreign, or documentary film; access information and services for special needs; or simply visit the post and imagine the future; and, WHEREAS, the Friends of the Library of Collier County, in partnership with Collier County Public Library, has been committed to supporting quality library programs and services since its founding in 1957, and, WHEREAS, the Friends of the Library of Collier County has taken the lead in underwriting many special programs and services, including the Adult Literacy Program; Classic, Foreign, and Documentary Film Series; ^ and other outreach endeavors specifically designed to enhance and improve the quality of life of county children and their families; and, WHEREAS, these outreach endeavors are available to all county residents through Collier County Public Library branches; and, WHEREAS, in recognition of their 50 years of working together, Friends of the Library of Collier County, Inc. and Collier County Public Library have provided accessible, comprehensive informational, educational, recreational, and cultural services to the citizens of Collier County, Florida. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 1, 2007 through December 31, 2007 be designated as THE GOLDEN ANNIVERSARY YEAR FOR THE FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC. AND COLLIER COUNTY PUBLIC LIBRARY DONE AND ORDERED THIS 23rd day of January, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JIM COLETTA, CHAIRMAN ATTEST: DWIGHT E. $ROCK, CLERK Agenda Item No. 4D January 23. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4B Item Summary: Proclamation designating January 1. 2007 througn December 31. 200T aS the Golden Anniversary Year for the i riends of the Library of Collier County, Inc. and Collier County Public Library. To be acceoted by Mr. Nick Linn. Pres,dent. Friends of the Library of Collier County and Ms_ Marilyn Matthes, Director, Collier County Public Library Meeting Date: 1/23/2007 9.00.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 1!101200710:55:02 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/10!2007 11:03 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1110/2007 8:23 PM Commissioners Agenda Item No. 5A January 23, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: January 23, 2007 Contract Number, Proiect Title, Proiect Number: 04 -3619 — Vanderbilt Beach Road project number 63051 Firm Name: APAC Proiect Manager: Eddie Martin Proiect Description: Widening the existing two lane rural roadway of Vanderbilt Beach Road to a . :x lane urban roadway between Airport- Pulling and Collier Boulevard. Project has ix foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has o� rr 25 miles of underground utility work. Original ;tart Date: March 30, 2004 Ori final Completion Date: September 30, 2007 Revised Completion Date: March 12, 2008 Reason(s) for Variance: Utilities conflicts with Sprint, Teco, Quest,' FPL and Collier County. Utilities were not located in the field as they were shown on the plans, requiring significant redesign. Design revisions and Hurricane Day's. Actions Planned /Taken to Minimize Variance: Original Budget: $37,604,879.73 Revised Budget: $37,956,820.38 Reason(s) for Variance: For correction of conflicts with Utilities not shown on plans. Actions Planned /Taken to Minimize Variance: Current Proiect Status: 1) Completing punch list for Milestone 1. 2) Installing 20" Force main and 30" Water main in Milestone 3. 3) Installing embankment from Livingston to I -75. 4) Installing Sleeving at Webber and Collier Boulevard. Agenda Item No. 5A JanUary 23. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -^-• Item Number: 5A Item Summary: Widening the existing two lane rural roadway of Vanderbilt Beach Road to a six lane urban roadway between Airporl- Pulling and Collier Boulevard. Project has six foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has over 25 miles of underground utility work. Meeting Date: 112312007 9:0000 AM Prepared By Eddie Martin Field Engineering Inspector Date Transportation Engineering and Transportation Services Construction 1 211 912006 8:50:27 AM Approved By Steve Ritter Field Engineering Inspector Date Transportation Engineering and Transportation Services Construction 12/19/2006 9:11 AM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 12!1912006 10:28 AM Approved By Najeh Ahmad Director Date Transportation Engineering 8 Transportation Services Construction Management 12/1912006 2:48 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 12119/2006 3:17 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 12119!2006 4:24 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1212012006 5:56 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admm. 12121:2006 9:32 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 12121/2006 11:15 AW Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 12!2112006 3:18 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager `s Office Office of Management S Budget 12f2&2006 6:36 AM Approved By Jame.=. V. Mudd County 4ianager Date Eoard of County Commissioners County Manager's Office 12128;2006 11 :22 AM Agenda Item No. 6A January 23, 2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 January 9, 2007 Mr. Joseph Harrington 5021 Catalina Court Naples, FL 34112 Re: Public Petition Request to Discuss Addition of a Patio Enclosure To Buffer Noise From Sewer System Dear Mr. Harrington: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 23, 2007 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office, Sincerely, % — James V. Mudd d County Manager JVM /jb cc: David Weigel, County Attorney Joseph Schmitt, CD &ES Administrator Jim DeLony, Public Utilities Administrator Agenda Item No. 6A RF %F1VCp CDFT1J �niJuJar 23(.20b� 07 Request to Speak under Public Petition -- --- --- - - Please print JAN - : 2007 Name: Address LE Phone: Date of the Board Meeting you wish to speak: 0200 %' Please explain in detail the reason you are requesting to speak (attach additional page if necessary): Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): HAPublic Petition Request Form.doc Agenda Item No. 6A January 23. 2007 Page 3 of 3 My name is Joseph Harrington and I live at 5021 Catalina Court in Naples. Behind my house, within (200) two hundred feet, a high pressure sewer system has been erected to filter the fumes and it runs (24/7) twenty four hours a day, seven days a week. The noise is quite loud and we are required to leave the hurricane shutters on our bedroom to cut down on the noise so that we may sleep. My wife has recently had open -heart surgery and its difficult at best for her to get the rest she requires. I've enclosed several pictures of the said Collier Country filter system showing the system and its position in relation to our property. 1) Front/side of 5021 Catalina Court 2) Side yard of 5021 Catalina Court 3) View to backyard from dining room 4) View from system to patio at 5021 Catalina Court 5) View from system to back of 5021 Catalina Court 6) Another view from system 7) Additional angle of system 8 -11) Additional views of the system I applied for a permit to erect an enclosure to our patio and was rejected by the Planning Department. I spoke with John Holdsworth and he gave me an application for a lot line adjustment to do, which I had done by my engineer, McAnly Engineering. When I returned with the revised plans I was told I needed a site development plan amendment. I was then told to appeal to the County Commissioners to get this overridden. I am requesting the Commission to override the Collier County's Planning Board decision to allow me to erect an enclosure to our patio. Agenda Item No. 6B January 23, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 January 11, 2007 Mr. Larry Baytos 252 Cheshire Way Naples, FL 34110 Re: Public Petition Request to Discuss The Merits of an Exploratory Study of Home Rule Charter Government Dear Mr. Baytos: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 23, 2007 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, .� James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Agenda Item No. 6B January 23; 2007 Page 2 of 2 Request to Speak under Public Petition Please print Name: Address: A Phone: Date of the Board Meeting you wish to speak: Please explain in detail the reasonyouu are requesting to speak (attach additional age if necessa Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): 11. WUUIJ VVIUUTV -Ul If lbtruUnu relivufl Request rorm.aoc 5 MA Agenda Item No. 8A January 23, 2007 Page 1 of 69 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3± acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake - Hammock Road (CR -864), in Section 10, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDZ -A- 2006 -AR -9021 LASIP CONSERVATION CFPUD OBJECTIVE: This supplemental to the Executive Summary is to clarify the intent of petition PUDA - 2006 -AR -9576 Homes of Islandia which is a companion item to PUDZ -A- 2006 -AR -9021 _ LASIP Conservation CFPUD. Basically, both petitions are separating The Club Estates (Ordinance 99 -31) into two PUD's. The petitioner for Homes of Islandia is also amending the PUD to change the name from The Club Estates PUD to Homes of Islandia RPUD, reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28) residential units as well as remove a recreational tract and a refuse collection site. CONSIDERATIONS: The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the PUDA -2006- AR -9576 by a vote of 8 -0. The motion included the following stipulations: 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project (LASIP). 3. Provide the County with an affidavit that confirms the Homeowners Association is part of the Amendment application. 4. Correct the language in the RPUD document for redundancy. 5. Provide the Board of County Commissioners a current Warranty Deed. It should be noted that the applicant opposes the recommendation number 2 made by the CCPC. Staff arranged a meeting with County Engineers to resolve the issue. Engineering staff maintains their position that the development has a SFWMD permit with a control elevation of 9.0' NGVD. The regional stormwater management improvements (LASIP) that are proposed for this area's drainage outfall include construction of a weir with a control elevation of 9.4' NGVD. LASIP has been permitted by the SFWMD and United PUDA- 2006 -AR -9576 Homes of Islandia Page 1 of 2 Agenda Item No. 8A January 23, 2007 Page 2 of 69 States Army Corps of Engineers (USACOE). The developer needs to modify its water management control structure, and permit, to comply with the anticipated 9.4' NGVD downstream control elevation. Staff's analysis of the Engineering staff recommendation should be addressed during the review of the first Development Order and not during the Zoning phase. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDA- 2006 -AR -9576 Homes of Islandia RPUD with the CCPC's stipulations excluding # 2 of the recommendations. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDA - 2006 -AR -9576 Homes of Islandia Pabe 2 of 2 Agenda Item No_ 8A January 23, 2007 Page 3 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: This item to be heard before Companion Item SB PUDZ- A- 2008 -AR -9021 LASIP Conservation CFPUD. This item was continued from the November 28, 2006 BCC meeting and the December 12, 2006 BCC meeting. This item requires that all pamcipants be sworn in and ex parte disclosure be provided by Commission memners. Petition: PUD1"- 2006 -AR- 9576 The Club Estates IL LLC, represented by Michael Fernandez. AICP, of Planning Development Incorporated.. requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Resldentlal Planned Unit Development (RPUD) . The proposed amendment seeks to remove 99 acres from the original PUD.. reduce the number of allowable dwelling units from 49 to 28, chance the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.1B units per acre, and is located on the west side of Collier Boulevard (C.R- 951). approximately 1 mile north of Rattlesnake - Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item BE PUDZ -A- 200E -AR -9021 LASIP Conservation CFPUD.) Meeting Date: 1123/2007 9.00:00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 11115120D6 10:06:03 AM Approved By Marjorie M. Student- Stirling Assistant County Attorney Date County Attorney County Attorney Office 12/1/2006 6:33 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1214/2006 9:59 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development 8 Environmental Services Environmental Services Admin. 12/412006 3:14 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 12151200fi 8:05 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 125!2006 9:54 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1215i2006 7.07 PM Agenda !teat No. 8A January 23, 2007 Page 4 of 63 EXECUTIVE SUMMARY Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3± acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake - Hammock Road (CR -864), in Section 10, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDZ-A- 2006 -AR -9021 OBJECTIVE: The petitioner is requesting an amendment from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The purpose of the PUD Amendment is to reflect changes that resulted from the sale of a portion of The Club Estates PUD to be utilized as a conservation area for Lely Area Storm Water Management (LASIP) Community Facility Planned Unit Development (CFPUD) the companion item to this petition. The amendment request is to remove ninety -nine (99.3) acres from The Club Estates PUD, reduce the permitted dwelling units fi-om forty -nine (49) to twenty -eight (28), change the name of the PUD, and remove a recreational tract and a common trash collection area and modify the Master Plan to reflect the changes. CONSIDERATIONS: The proposed petition intends to remove the southerly 99.3 acres from the PUD as well as reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28) residential units. Additionally, the petitioner proposes to change the name from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The petitioner is also proposing to remove a recreational "Tract T" of The Club Estates Master Plan and remove "Tract T 1" which was to be used for a common refuse collection site but is not being utilized since the residence is individually served by the local service provider. The remaining 155± acre subject site has been platted along with an associated perimeter road; utilities and drainage improvements have been completed. The twenty -eight single - family lots have been cleared and a number of the lots are under construction with some homes built. The proposed amendment from PUD to RPUD will not change the residential land use and therefore will remain consistent with the GMP and LDC. This petition will not add additional density and the proposed amendment is compatible with the development in the vicinity. Existing and authorized land uses in the vicinity of PUDA - 2006 -AR -9576 Homes of Islandia Page I of 5 Agenda Item No. 8A January 23, 2007 Page 5 of 69 the site are single - family and multi- family residential and the uses immediately adjacent to the site are single - family residential. The proposed Community Facilities PUD known as LASIP CFPUD will be utilized as a passive park for the residents of Collier County. The future use of the subject property would be single - family residential. The rezone will not adversely affect the health, safety and general welfare of the citizens of Collier County. Approved Land Uses: North of the subject property is Naples National Golf Club, zoned PUD; south of the subject property is Naples Lakes Country Club, zoned PUD, approved for 731 residential units; east of the subject property is vacant, zoned Agriculture (A) and bordering the subject property on the west is Naples Heritage Golf and Country Club, zoned PUD and was approved for 799 residential units. Growth Management Plan Impact (GMP): Future Land Use Element: The subject property is within the Urban Residential Sub - District, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Density Rating allows 4 dwelling units per acre for this site, which is greater than the 0.18 units per acre density sought by the amendment. Based on the above analysis, the proposed petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. The RPUD does not add any new density or increase project traffic on the County roadway network. ENVIRONMENTAL ISSUES: Environmental staff has reviewed the petition to ensure compliance with the environmental regulations and found this amendment consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): This petition did not meet any thresholds that required a review by the Environmental Advisory Council (EAC) because the land had been previously disturbed. FISCAL IMPACT: The PUD Amendment will have no fiscal impact upon Collier County. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.02.13 and 10.03.05 of the LDC. The evaluation is completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: PUDA- 2006 -AR -9576 Homes of Islandia Page 2 of 5 Agenda Item No. 8A January 23, 2007 Page 6 of 69 • The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The proposed amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by residential and the proposed project is also residential. Findings: The proposed change decreases density but keeps the land use as residential. The petition will be in compliance with all county regulations: therefore the project is suitable for the area. • Conformity with PUD 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. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None. Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Homes of Islandia RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. • Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None. Findings: Based on the staff s review the proposed change would be in compliance with the Future Land Use Element (FLUE) of the Gro�rth Management Plan (GMP) and the Land Development Code (LDC). Since the current PUD is approved for forty - nine (49) residential units and the requested action is to lower the density to twenty - eight (28) dwelling units, the goals and objective of the GMP will remain. • Whether changed or changing conditions make the passage of the proposed alllen w nen,t necessary. PUDA - 2006 -AR -9576 Homes of Islandia Page 3 of 5 Agenda item No. 8A January 23, 2007 Page 7 of 69 Pro: The request is reasonable because it does not change the land use which continues to be in harmony with the surrounding area. Con: The proposed rezone amendment is not obligatory at this location. Findings: The rezone amendment is necessary because the project supports the LASIP CFPUD by removing a portion of their land in order to increase the preservation within the neighboring area. • Whether the proposed change will create a drainage problem. Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: The project is a companion item to the LASIP CFPUD which is being proposed to alleviate drainage problems throughout the Lely Area Stormwater district. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the PUDA -2006- AR -9576 by a vote of 8 -0. The motion included the following stipulations: 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project ( LASIP). 3. Provide the County with an affidavit that confirms the Homeowners Association is part of the Amendment application. 4. Correct the language in the RPUD document for redundancy. 5. Provide the Board of County Commissioners a current Warranty Deed. It should be noted that the applicant opposes the recommendation number 2 made by the CCPC and as a result is planning to coordinate a meeting with county engineers to resolve the issues. The results will be presented verbally by the applicant at the BCC hearing. The petitioner has agreed to provide the affidavit of the Homeowners Association to be part of the Amendment application and provide current warranty deeds. The primary reason the applicant did not agree to number 2 was due to the applicant's need to revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project ( LASIP). The CCPC based their recommendation on staff's condition that the RPUD comply with the water management facilities and permits of the new regional weir proposed and permitted for LASIP. The applicant claims that the project has been permitted by SFWMD and that they don't intend PUDA- 2006 -AR -9576 Homes of Islandia Page 4 of 5 Aaenda Item No. 8A y,lanuary 23, 2007 Page 8 of 69 to alter the landscape to meet the recommendation. In Section VI Development Commitments of The Club Estates PUD document, as well as in Section VI Development Commitments of the revised RPUD document, it states in 6.2 that "all facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to this RPUD." In the same section under 6.7 Water Management "development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. The SFWMD ERP Permit" which means if the District determines the permit needs to be modified to reflect the new regional weir for LASIP, the developer or elective of the RPUD shall comply. The RPUD Statement of Compliance also affirms the development will be in compliance with the goals, objectives and policies of Collier County as set forth in the GMP, as well as statement 5 which declares the project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDA - 2006 -AR -9576 Homes of Islandia RPUD with the CCPC's stipulations. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDA- 2006 -AR -9576 Homes of Islandia Page 5 of 5 Agenda Item No. 8A January 23, 2007 Page 9 of 69 HOMES 017 �ISL-AND1A A RESIDENTIAL: PLANNED UNIT DEVELOPMENT � 4 . ■ 0 ORIGINAL DOCUMENT DATE REIIISI�N_DATE DATE .FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION OW*06 08/01/06 PAGE Agenda Item No. 8A January 23, 2007 Page 10 of 69 SECTION 4I- -LI LOW DENSITY RESIDENTIAL AREA PLAN SECTION N Lil COMMONS AREA PLAN SECTION V IV CONSERVATION/PRESERVE AREA PLAN SECTION V .4� DEVIATIONS DEVELOPMENT COMMITMENTS AND b8v-IA Agenda Item No. 8A January 23, 2007 Page 11 of 69 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan Agenda Item No. 8A January 23. 2007 Page 12 of 69 STATEMENT OF COMPLIANCE The development of approximately 155.3 acres of property in Collier County, as a Reside;nfial Planned Unit Development to be known as HOMES:0.F.I.SLANINDIA will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and accessory facilities of HOMES : OF __. ISLANDIA will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons; Residential Proiect The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map . - of the Future Land Use Element. 2 The project development is compatible and complementary to existing and future surrounding land uses as required by P6li6y- "5 4 of `the Future Land Use Element. 3. Improvements are planned to be in compliance with the Land Development Code as set forth by the Future Land Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required by the Future Land Use Element. 5. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may required by Objective 1.5 of in - regu{atien°a by-the Drainage Sub - Element of the Public Facilities Element. 6. The Residential Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 7. The projected gross density of 0.18 d.u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Agenda Item No. 8A January 23, 2007 Page 13 of 69 Base tJensity 4 0 D,U/A Traffic Congestion Area 0 0 DU /A N_o_Bon "reauested + 'U 0 DU /A Agenda Item No. 8A January 23, 2007 Page 14 of 69 SECTION I • - _ . r 1.1 LEGAL DESCRIPTION The subject property being 1:55.3 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right -of -way and /or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. .s w o , 1.2 1 -1 Agenda Item No. °A January 23, 2007 Page 15 of 69 ■ e 1.2 PROJECT DESCRIPTION The completed project will be a private gated community consisting of e m8ximum!0f 28 residential lotsand two interconnected lakes located Within .a common .preserve.. The lots and lakes are located interior. to a ee# sides- e#4�s perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD.° UK Agenda item No. 6A January 23, 2007 Page 16 of 69 �- - - - - e- o ■ - .: 1f: �1iRlt fl �J: 9i' r.' F[ iHi�i® � 1�I�7��iGTST'G��T- 1lT1GT.T:TZ:S Agenda Item No. SA January 23, 2007 Page 18 of 69 n ?Mn1�uBM € €-ASV9 € LE9:1FAGI LIT! ES wisilisim: � =M .. • _ _ WIN n _ •. ��.�i1nCc -n u.n��•aiiu ■ ®��e++i�n ®��ie�ic �i� n ?Mn1�uBM € €-ASV9 € LE9:1FAGI LIT! ES wisilisim: � =M • _ _ WIN n Agenda Item No. 8A January 23, 2007 Page 19 of 69 ^%AlKl=M0�:Ue%n f�^RAIRRMKI AC Agenda Item No. 8A January 23, 2007 Page 20 of 69 SECTION Will LOW DENSITY RESIDENTIAL AREA PLAN Tract 1" 28 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following; A. Principal Uses: 1. Single Family Dwelling Unit 2. On -site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary accessory uses and structure, including private garages. 2. Common recreation amenities. 3. Detached Guest Houses 4. Commercial Excavation 5. Retained native vegetation. 111 -1 Agenda Item No. 8A January 23, 2007 Page 21 of 69 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards and set -backs shall be in relation to the individual lot boundaries, except as otherwise provided. B. MINIMUM LOT AREA: 20,000 square feet. C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right -of -way and shall not include the narrow driveway portion of the lot. 1, Corner Lots -100 feet 2. Interior Lots - 100 feet D. MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the right -of -way line. E. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. 1. Front Yard: 50 feet from Right -of -Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line, even if the lot or parcel is "T" or flag shaped. (b) If a lot or parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. III -2 Agenda Item No. 8A January 23, 2007 Page 22 of 89 (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. F. MINIMUM FLOOR AREA: 1. 3,000 square feet G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES; 1. 10 feet I. H MAXIMUM HEIGHT: 1. Principal Structure — 50 feet and 3 stories above the minimum base flood elevation. 2. Accessory Structure — 35 feet and 2 stories above the minimum base flood elevation. 111 -3 SECTION IV [1 COMMONS AREA PLAN 4.1. PURPOSE Agenda Item No. 8A January 23; 2007 Page 23 of 69 The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract "O ", Commons Area /Conservation Area on the RPUD Master Development Plan, Exhibit "A ". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 4.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes. 2. Open Spaces /Nature Preserves (Conservation Area). 3. Pedestrian and bicycle paths or other facilities constructed for purposed of access to or passage through the common areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Commercial Excavations. 6. B. Accessory Uses: 1. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4.3. DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. IV -1 Agenda Item No. QA January 23, 2007 Page 24 of 69 B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. E. MAXIMUM HEIGHT: 1, Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. IV -2 SECTION V-IV CONSERVATIONIPRESERVE AREA PLAN 5.1. PURPOSE Agenda Item No. 8A .January 23, 2007 Page 25 of 69 Conservation /Preserve Area — The purpose is to preserve and protect native vegetation naturally functioning habitat in their natural state. 5.2. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required; A. Principal Uses, 1. Open Spaces /Nature Preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats. 4. Native vegetation landscaping. 5. Permitted mitigation activities. V -1 Agenda Item No. 8A January 23. 2007 Page 26 of 69 SECTION WV DEVELOPMENT COMMITMENTS ANDDEVIATIONS VI -1 am \ f MR MR Mel #O-aii evern VI -3 D �m ED = co O N — C , 6-- c9 -jD HE Agenda Item No. 8A January 23. 2007 Page 30 of 69 5.1..: DEVELOPM ENT: COMMITMENTS A. DEVELOPER 'CONTRIBUTIONS Fa.gENGINF=ER4NG--5.'2:DEVIAT-IONS A. ENGINEERING T h . skillbe su I. Grassed slopes of 3H:1V may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater that 4H:1 V. B. TRANSPORTATION 1. A:deviation from L I DC . .. - requirements for RP,UD annual monitoring report E The devel op er-i n lieu 6T pa ying Tor.ann ual teaffic counts at the `project accesses, s Mall ,make , a single :_payment : in .,the.:a,mqu.r1,t of $3,600 to mitigate the need ;for annual counts: A_ WeFk'-w1thin;�nQ6l'ieF Ce,Lim+%1-'rk6ht.'4f_a. _y _M011 meet. tha�,*-Te�wimrnq�t.. -,- - , __4 - , - VI-5 Aaenda Item No. 8A January 23.2OO7 Page31of60 VI-6 Aaenda Item Igo. 3A V January 23, 2007 Page 32 of 69 V! -7 Agenda Item No, 8A January 23, 2007 Page 33 of 69 HOMES OF ISLANDIA A RESIDENTIAL PLANNED UNIT DEVELOPMENT ORIGINAL DOCUMENT DATE 03/01/06 REVISION DATE 11108/06 DATE FILED DATE REVIEWED BY CCPC 11/02/06 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" RECEIVED Agenda Item No. 8A January 23, 2007 Page 34 of 69 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE i STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II LOW DENSITY RESIDENTIAL AREA PLAN SECTION III COMMONS AREA PLAN SECTION IV CONSERVATION /PRESERVE AREA PLAN SECTION V DEVELOPMENT COMMITMENTS AND DEVIATIONS Agenda Item No. SA January 23, 2007 Page 35 of 69 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan Agenda item No. 8A January 23, 2067 Page 36 of 69 STATEMENT OF COMPLIANCE The development of approximately 155.3 acres of property in Collier County, as a Residential Planned Unit Development to be known as HOMES OF ISLANDIA will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and accessory facilities of HOMES OF ISLANDIA will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required by Policy 5.4 of the Future Land Use Element. 2. Improvements are planned to be in compliance with the Land Development Code as set forth by the Future Land Use Element. 3. The project development will result in an efficient and economical extension of community facilities and services as required by the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The Residential Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 6. The projected gross density of 0.18 d. u, per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base Density 4.0 DU /A Traffic Congestion Area - 0.0 DU /A No Bonus requested + 0.0 DU /A Eligible Density 4.0 DU /A Proposed D�nSiiy 1 A n, "A l2 DUs / 1 3 cress 0. 8 55. acres' Agenda Item No. 8A January 23, 2007 Page 37 of 69 SECTION I Legal Description 1.1 LEGAL DESCRIPTION The subject property being 155.3 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right -of -way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. 1.2 PROJECT DESCRIPTION The completed project will be a private gated community consisting of a maximum of 28 residential lots and two interconnected lakes located within a common preserve.. The lots and lakes are located interior to a perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.3 SHORT TITLE This Ordinance shall be known and cited as the "HOMES OF ISLANDIA RPUD." 1 -1 Agenda Item No. 8A January 23, 2007 Page 38 of 00 SECTION II LOW DENSITY RESIDENTIAL AREA PLAN 2.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract "L ", Low Density Residential, 2.2 MAXIMUM DWELLING UNITS Tract "L" 28 2.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Dwelling Unit 2. On -site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary accessory uses and structure, including private garages. 2. Common recreation amenities, 3. Detached Guest Houses 4. Commercial Excavation 5. Retained native vegetation. 2.4 DEVELOPMENT STANDARDS A. GENERAL. All yards and set -backs shall be in relation to the individual lot boundaries, except as otherwise provided. B, MINIMUM LOT AREA: 20,000 square feet, 11 -1 Agenda Item No. 8A January 23, 2007 Page 39 of 69 C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right -of -way and shall not include the narrow driveway portion of the lot. 1. Corner Lots -100 feet 2. Interior Lots - 100 feet D. MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the right -of -way line. E. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. 1. Front Yard: 50 feet from Right -of -Way, 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line, even if the lot or parcel is "T" or flag shaped. (b) If a lot or parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. F. MINIMUM FLOOR AREA: 1. 3,000 square feet 11 -2 Agenda Item No. SA January 23, 2007 Page 40 of 69 G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1. 10 feet H. MAXIMUM HEIGHT: 1. Principal Structure — 50 feet and 3 stories above the minimum base flood elevation. 2. Accessory Structure — 35 feet and 2 stories above the minimum base flood elevation. it -3 SECTION III COMMONS AREA PLAN 3.1. PURPOSE Agenda Item No. 3A January 23, 2007 Page 41 of 69 The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract "O ", Commons Area /Conservation Area on the RPUD Master Development Plan, Exhibit "A ". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 3.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes, 2. Open Spaces /Nature Preserves (Conservation Area). 3. Pedestrian and bicycle paths or other facilities constructed for purposed of access to or passage through the common areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Commercial Excavations. B. Accessory Uses: 1. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3.3. DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. III -1 Agenda Item No. 8A January 23, 2007 Page 42 of 69 B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. D. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. E. MAXIMUM HEIGHT: 1. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. 111 -2 SECTION IV CONSERVATIONfPRESERVE AREA PLAN 4.1. PURPOSE Agenda Item No. 8A January 23, 2007 Page 43 of 69 Conservation /Preserve Area — The purpose is to preserve and protect native vegetation naturally functioning habitat in their natural state. 4.2. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required; A. Principal Uses: 1. Open Spaces /Nature Preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats, 4. Native vegetation landscaping. 5. Permitted mitigation activities. IV-1 Agenda Item No. 8A January 23, 2007 Page 44 of 69 SECTION V DEVELOPMENT COMMITMENTS AND DEVIATIONS 5.1 DEVELOPMENT COMMITMENTS A. DEVELOPER CONTRIBUTIONS 1. The developer shall provide a non - exclusive 50' x 50' easement at the southwest corner of their project subject to conservation preservation easement to multiple jurisdictional agencies. 5.2 DEVIATIONS A. ENGINEERING 1. Grassed slopes of 3H:1 V may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge -Fill Permits. Berms greater that 4 feet in height shall use slopes no greater that 4H:1V. B. TRANSPORTATION 1. A deviation from LDC requirements for RPUD annual monitoring reports, The developer in lieu of paying for annual traffic counts at the project accesses, shall make a single payment in the amount of $3,600 to mitigate the need for annual counts, V -1 loco v o �i Ln N "t N cz C6 J a C C 7?= m Arm AF- CL 5� 7Z 0 N �5 z 0 H U 0 m 0 a N Q D D a al 00 Io a� :t 3 m+Ynavwe xomoo � gz rj4!L 3`ff1 "fYBtl m •'J6 N *f y� ]H � 2 a MM carve AU610D 111666 e C 0LY19 OC�M CL 5� 7Z 0 N �5 z 0 H U 0 m 0 a N Q D D a al Agenda Item No. 8A January 23, 2007 Page 46 of 69 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, TI•IE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 CLUB ESTATES PLANNED UNIT DEVELOPMENT (PUD) TO HOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM THE CLUB ESTATES PUD, REDUCING THE NUMBER OF ALLOWABLE DWELLING UNITS FROM 49 TO 28, REMOVING A RECREATION TRACT AND THE REQUIREMENT FOR A COMMON TRASH COLLECTION AREA, THE SUBJECT PROPERTY IS 155.3± ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY I MILE NORTH OF RATTLESNAKE - HAMMOCK ROAD (C.R, 864) IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NTTMBER 99 -31, THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, of Planning Development Inc., representing The Club Estates 11, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, NOW, THEREFORE, BE IT ORDAINED BY TI•IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD), in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. Tire appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, islare hereby amended accord ugly. SECTION TWO: Ordinance Number 99 -31, known as the Club Estates PUD, adopted on May 11, 1999 by the Board of County Coninussioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 Agenda Item No. 8A January 23, 2007 Page 47 of E9 PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, this day of 2007. ATTEST: BOARD OF COUNTY COMNUSSIONERS DWIGHT E. BROCK, CLERK COI L]ER COUNTY, FLORIDA BY: Deputy Clerk JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency 'V' `"`acjorie M. Student - Stirling Assistant County Attorney PUnA- 2006 -A R- 9576/M Z Page 2 of 2 FROM: HEARING DATE SUBJECT: Agenda Item No. 8A January 23, 2007 Page 48 of 69 Co*&r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOVEMBER 2, 2006 PETITION PUDA- 2006 -AR -9576, HOMES OF ISLANDIA RPUD COMPANION ITEM: PETITION PUDZ -A- 2006 -AR -9021 LASIP OWNER: The Club Estates II, LLC 203' ) Trade Center Way Naples, FL 34109 AGENT: Planning Development Incorporated Michael R. Fernandez, AICP 5133 Castello Drive Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The reason for this rezone is the County purchase a portion of the original PUD to be utilized as a conservation area for Lely Area Storm Water Management ( LASIP) Community Facility Planned Unit Development the companion item to this petitic;n. GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR -951), one mile north of Rattlesnake - Hammock Road in Section 10, Township 50 South, Range 26 East. Collier County, Florida. (See attached location map on the following page) PUDA- 2006 -AR -95 /6 Homes of Islandia RPUD Page 1 of 6 November 2, 2006 CCPC Hearing Agenda item No. 8A January 23, 2007 Page 49 of 69 To be switched out for Location Map PURPOSE/DESCRIPTION OF PROJECT: PUDA- 2006 -AR -9576 Homes of Isiandia RPUD November 2, 2006 CCPC Hearing Page 2 of 6 Agenda Item No. 8A yJanuary 23, 2007 Page 50 of 69 The proposed amendment intent is to remove the southerly 99± acres from the parcel as well as reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28 residential units. The amendment as well will change the name from The Club Estates to Homes of Islandia. The amendment is also proposing to remove a recreational "Tract T" of The Club Estates which permitted tennis courts, shuffle board courts, swimming pools and other types of facilities intended for outdoor recreation. The last modification to remove a "Tract T1" which is designated for a common refuse collection site which is no longer required since the homes are individually served by the local service provider. The remaining 155± acre subject site has been platted along with associated perimeter road, utilities and drainage improvements have been completed. The twenty -eight single - family lots have been cleared and a number of the lots are under construction with some homes built. The proposed rezoning to RPUD will not change the residential land use and therefore will remain consistent with the GMP and LDC. SURROUNDING LAND USE AND ZONING: Subject Parcel: The Club Estates PUD, zoned PUD Surrounding- North: Naples National Golf Club, zoned PUD South: Naples Lakes Country Club (maximum 731 units), zoned PUD East: Vacant, zoned Agriculture (A) West: Naples Heritage Golf and Country Club (maximum 799 units), zoned PUD f j PUD PUD �� � ,� w — S,anrll�4RttdJ PUD ^ PAPLESMTLGOZFGZUB _. MPZESHEF ITAGEGOLFAVDODUA17f?rOLUB — j!I PUD I! , _ < PUD �+ PU IDr Pub ? -- _ u L1 77 CJ' 7 LJ rn U 4 CZUB E"TATES (PUD I aLJ»EsTATES DR —� — - - =_ -- — PU D. A� PUD iq ERROMWFkR 13;R N a PUD uIIit1Li:• s _ �,. :PUD PU D� NSF ,PPZES LIKES 0.�L"Ar"P'r'C�iJ° fi'RSTA: Sl`.A fw7. EAJ. & REhAB. GROWTH MANAGEMENT PLAN CONSISTENCY: PUDA- 2006 -AR -9576 Homes of islandia RPUD November 2, _2006 CCPC Hearing Page 3 of 6 Agenda Item No. 8A January 23, 2007 Page 51 of 69 The subject property is within the Urban Residential Sub - District, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Density Rating allows 4 dwelling units per acre (DU /A) for this site, greater than the .18 units per acre density sought by the amendment. Future Land Use Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. Base Density Traffic Congestion Area - No Bonus requested + Eligible Density Proposed Density 4 DU /A 1 DU /A 0 DU /A 4 DU /A .18 DU /A (28 DUs /155.3 acres) CONCLUSION: Based on the above analysis, the proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. The RPUD does not add any new density or increase project traffic on the County roadway network and is a companion item for the LASIP CFPUD. The petition is being sponsored in part to establish the LASIP CFPUD and is removing a portion of the preservation and LASIP area from the PUD. In addition: The developer is responsible for any improvements to the roadway improvements as identified on the Collier Boulevard (CR -951) capital project that benefit this property. Also the developer is responsible for any noise abatement adjacent to the CR -951 capital project. Commons Area/Conservation Area: The RPUD provides a public open -space component with the principal uses as lakes and green- space. No building or structures shall be erected in the designated "Tract O" Commons Area/Conservation Area on the Master Plan Exhibit A of the RPUD document. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit `B ". Environmental Analvsis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC did not hear this petition because the land has been previously disturbed. PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 4 of 6 Agenda Item No. 8A January 23, 2007 Page 52 of E9 Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: Not objection. This PUD Amendment does not impact the utilities provision; no additional utilities are required or proposed Zoning and Land Development Review Analysis: The proposed amendment to RPUD is consistent with the GMP and LDC since the surrounding property is residential land uses. Based on staff's review of the adjacent existing and anticipated land uses, the proposed RPUD is compatible. Currently, the surrounding neighborhood is zoned PUD and developed with single - family and multi- family homes. As depicted on the conceptual Master Plan (Exhibit "A" of the RPUD document) the only access to the project is from Collier Boulevard (CR -951). The surrounding neighborhood is zoned PUD and developed with single - family and multi - family homes, much of which is developed. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at the Edison College, Conference Room J -103, at 5:30 p.m. Approximately seven (7) people attended, including the applicant's team and county staff. The two residents who attended the meeting did not object to the petitioners request to amend the PUD. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDA - 2006 -AR -9576 Homes of Islandia RPUD with the following conditions. 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) pen-nit to comply with the Lely Area Stornlwater Improvement Project (LASIP). The water management facilities and permits needs to comply with the 9.4' NGVD elevation of the new regional weir proposed and pennitted in LASIP. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" — Rezone Findings Exhibit "B" — PUD Findings PREPARED BY: PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 5 of 6 Agenda Item No. 8A January 23, 2007 Page 53 of 69 MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PU-DA- 2006 -AR -976 Homes of Islandia RPUD Page 6 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8A January 23. 2007 Page 54 of 60 EXHIBIT "B" FINDINGS FOR PUD PUDZ -A- 2006 -AR- 9021 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 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. Pro: The proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by residential and the proposed amendment is also residential. Findings: The proposed change decreases density but keeps the land use of residential. The petition will be compliance with all county regulations; therefore the project is suitable for the area. 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. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None Findings: Documents submitted with the Homes of Islandia RPUD application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the rezone amendment and found the proposed rezone is consistent with the Growth Management Plan (GMP). Con: None PUTDH -2006- Hit -9576 Homes of Isiandia RPUD November 2, 2006 CCPC Hearing Page I of 3 Agenda Item No. 8A January 23, 2007 Page 55 of 69 Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. 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. Pro: The proposed amendment is a boundary revision to The Club Estates PUD. The amendment also requests a change in the PUD name to Homes of Islandia. Majority of the buffering requirements have already been incorporated. Con: Since the majority of the property has been incorporated staff can not re- evaluate the project until another amendment application is submitted to the county. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of open space set aside is consistent with the provisions of the Land Development Code (LDC) and the GMP. Con: None Findings: The ninety -eight (98) acres of Conservation area and lakes set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: The property is currently under development and has gone through concurrency. Con: None Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the RPUD as a result the subject property will not increase traffic or add adverse impacts to other public facilities. PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 2 of 3 Agenda Item No. 6A January 23, 2007 Page 56 of 69 Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as nleeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Homes of Islandia RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDA- 2006 -AR -95 76 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 3 of 3 Agenda Item No. 8A January 23, 2007 REZONE FINDINGS Page 57 of 69 PETITION PUDA- 2006 -AR -9576 Homes of Islandia Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None Findings: Based on the staff's review the proposed change would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and the Land Development Code (LDC). Since the current PUD is approved for forty -nine (49) residential units and the requested action is to lower the density to twenty -eight (28) dwelling units the goals and objective of the GMP will remain. 2. The existing land use pattern; Pro: This project will be consistent with the existing and proposed land use patterns as explained in the staff report. Con: None Findings: The decrease of density of residential units is deemed acceptable for this site because the amendment complies with the GMP and LDC requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the current PUD already provides adequate public facilities the amendment will not create an isolated district. Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a residential district which is compatible with the adjacent and nearby zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The requested action will not change the subject site in relation to the nearby residential boundaries. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 1 of 5 Agenda Item No. 8A January 23, 2907 Page 58 of 69 Con: None Findings: The residential parcel boundaries are logically drawn and they are consistent with the Urban Residential Sub - District, as identified on the Future Land Use Map of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request reasonable because is does not change the land use which continue to be in harmony with the surrounding area. Con: The proposed rezone amendment is not obligatory at this location. Findin!s: The rezone amendment is necessary, because the project supports the LASIP CFPUD by removing a portion of their land in order to increase the preservation within the neighboring area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezone amendment should not adversely influence living conditions in the neighborhood as the petition is consistent with existing uses and compatible with surrounding residential land use. Con: None Findings: The development standards and landscaping requirements contained in the LDC are intended to alleviate any adverse impact to the living conditions in this neighborhood if the proposed rezoning amendment is approved. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The rezoning should not create excessive traffic congestion or otherwise affect public safety as the GMP requires adequate access to and from the project and the effect on pedestrian and vehicular circulation and safety. Con: None Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the petition does not increase traffic on county roadways. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Paae 2 of 5 Agenda Item No. 8A January 23, 2007 8. Whether the proposed change will create a drainage problem; Page 59 of 69 Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: The project is a companion item to the LASIP CFPUD which is being proposed to alleviate drainage problems throughout the Lely Area Stormwater district. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: All development has to adhere to the LDC which ensures land -use designs that meet these goals. Con: None Findings: All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: The proposed change should not alter the property values nor should it decrease or overtax the load on public facilities. Con: None Findings: Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a residential zoning designation should not affect value because the surrounding area is also residential zoning. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The LDC's criteria for review of each land use application to allow Planning Commission and Board of Commissioners to follow standardized review process which requires consistency of the GMP. Con: None Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone amendment is approved. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 3 of 5 12. 13. 14 15. Agenda Item No. 8A January 23. 2007 Whether the proposed change will constitute a grant of special privilegeat@ Hof 69 individual owner as contrasting with the public welfare; Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: None Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed rezone amendment conforms to the future land use element of the GMP because it will be used in accordance with the existing residential zoning. Con: None Findings: The property is currently a partially developed residential Planned Unit Development designation, which under the current zoning designation; the property could be developed with up to 49 residential home sites, subject to compliance with the LDC requirements. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: None Findings: The proposed rezone amendment is designed in a manner that is compatible with surrounding property in size and scale. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. Con: None Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Pa-e 4 of 5 Agenda Item No. 8A January 23, 2007 16. The physical characteristics of the property and the degree of site alteratiorF;khof 69 would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage alternative modes of transportation and help to maintain a sense of community. Con: None Findings: While site conditions may restrict the location and square- footage of the homes it would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: The GMP encourages but does not require the synchronizing of development with the availability of public facilities needed to support that development. Findings: A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and found it consistent with all Elements of the GMP. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 5 of 5 Nov 13 06 03:44p Fipple Development Corp. 941 - 566 -1719 p Agenda item No. $� SENT 6Y: PLANNING DEVELOPMENT; 12392636991; NOV•i3.06 3:16PM; IoEgy�r 2,3 2007 �`a S2 of 69 LETTER OF AUTHORIZATION lire undersigned do hereby .,zwear or snarl that they, along with the entities known as The Club Fstates, LC and The Club 1 Stales Il, LLC are the fee simple title holders and owners of record and / or have unified control of the properly currently known as The Club Esraics PUD and pr posed to be named Homes ofIsAandia RPUD and IcPally descrtbed = follows: THE SUBJECT PROPER7T BEING 155.3 .1 ACRES IS DESCRIBED AS.- THE CLUB ESTATE SUBDIVISION, ACCORDING TO 7HE PLAT THEREOF RECORDED IN PL,,1T BOOK 31, PAGES 78 THROUGH 80. INCLUSIVE, A)VD 71JE RBPLAT THEREOF RECORDED IN PLAT BOOR 33, PACF,5 M 7`HJZOUGH 60, INCLUSIVE, ALL OF THE PUBLIC RECORM OF COLLIER COUN7Y. FLORMA. The propcity described herein is the subjccl of an application for a Planned Unit Development (PUD) Amendment, subsequent development orders and PUD monitoring reports within Collier County_ We hereby designate Plaanine DOI opment Incorporated /Michael R Fervrarrde& AICP as ft legal representative of the property and as such, this individual is authorized to legally bind all owners of the pmperty in the course of scrking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and atithori2ing of agents to assist in the preparation of applications, plans, surveys, and snuUcs necessary to obtain development orders / permits from Collier County, Florida Power & Light (FPL), Florida Department of Transportation WWI), South Florida Water Management District (SF WMD), U.S. Army Corps of Engin=rs (ACOE) and/or Mon �e,,cnt of Environmenttal Protection (17DEP). Som, "lime Warner, Comcast, TECO aiisdic e�ncics Stanley V, Ric s President / Vic President Homes of lslandia Homeowner's Association, Inc STATE OF hLVKIDA COUNTY OF COLLIER Swom lu (or ed) and subscribed before m �dup oA , 2M by is rso _ rrt o penally known 'to me o who has produced as identificati: _ Notary Public SEAL My Commission Expires: 04 0 3 j o'? _ 1 t if -LF-r Nan» rypcd, prinmd or ..%I=pcd ,,•, P1IMEEA B1RlEi Notary ft bllc - M10 of Fto�idQ 7'. WCOmMKWnB¢] MApr3,2007 t Commk31on # DDt 44350 Bonded By NotionofrrotaryAw, Agenda Item No. 8A January 23, 2007 Page 63 of 69 COLLIER COUNTY GOVERNMENT REAL ESTATE SERVICES March 14, 2006 Homes of Islandia Homeowners Association c/o Teri Fernandez Planning Development Inc 5133 Castello Dr Suite 2 Naples, FL 34103 RE: Collier Blvd. Water Main Project 70151/70152 Dear Ms. Fernandez: 3301 E. TAMLkMI TRAIL W. HARMON TURNER BLDG NAPLES, FL 34112 PHONE (239) 732-2622 FAX (239) 774-8876 With respect to the above referenced matter, please find enclosed the following items for your files: 1. Copy of the recorded Temporary Construction Easement; 2. Copy of the Temporary Construction Easement Agreement; 3. Copy of the "Gap" Affidavit; 4. Copy of the Closing Statement; 5. Copy of W-9 Form; and, 6. Check Number 722836 in the amount of $4,400.00. It was a pleasure working with you on this transaction. I sincerely appreciate all of your cooperation and. understanding. If you have any questions, please feel free to contact me at (239) 732-2622. Sincerely, Sharman Veger, Property Acquisition Specialist Real Estate Services enclosures as stated PROJECT: Collier Boulevard Water Main Project 70151170152 PARCEL NO.: 17T FOLIO: 26123000026 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this day of _2006 , H by Homes of Islandia Homeowner's Association, Inc., whose mailing address is 4443 Club Estates Drive, Naples, FL 34112, (hereinafter referred to as "Grantor "), and the BOARD �> OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING S BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE A COLLIER COUNTY WATER -SEWER DISTRICT, Its successors and assigns, whose mailing address Is 3301 East Tamiaml Trail, Naples, Florida 34112, (hereinafter referred to as 'Grantee'). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) W ITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Temporary Construction Easement Is granted for the express purpose of providing Grantee temporary access to Grantor's lands for the purpose of excavating, placing, operating, removing and storing material and equipment during the construction and Installation of public improvements on lands adjacent thereto. This Easement shall expire on December 31, 2009, or upon completion of the improvements, whichever occurs first. Grantee shall restore the surface of the Easement Area after construction has been completed. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Witness Signature) Name: tit (Print or Type) C Q O— UcAi:0, (` `ontu Witness (Signature) Name: C 10- u 6; c. �ibeL< (Print or Type) STATE OF °"J4' COUNTY OF I► Homes landia Homeowner's A lion, Inc. Na7Tie, Pr siden Ice Press ant) (Print Name) ­1­4 is to fora k legal sufficiency 1 Assistant County Attorney c Ellin T. Chadwefl ,2!r,The foregoing Temporary Construction Easement was a knowledged before me this tQ' day of , 2006 by _�� �c 5" (Name, PresidentW4l� President, on behal of Ho es of Islandia Homeo> er's Association, Inc., who is personagx-- known to me or wbo4ies-produced_ _ as idantifiratinn (affix notarial seal) E c (Sign re of otary ublic) DANIEL o. PECK —t--' ��'� "�• z No3wiy Public . Stofu or flo,ldo (Pant Name of Notary Public) E r ,_ E *BSf1ox1.2an NOTARY PUBLIC o ' : Comminslon # DO37r710 Seria!/Commission ; : if an "" 8ondedBytlollonolNafo q,_n , ( y) " M} Commission Expires: a THIS CONVEYA r THE BOARD OF COl1 M C01 0113S ice. COLLIER COUNTY, FLORIDA. TCE 3 PURSUANT T� AGENDA. T naTCn. G +', .-ii C TTe+� YIL I V I �a �a Q c...a m P Q.1 w O m� w o m�- ..ow 0 n �m cs+ m Agenda Item No. 8A January 23, 2007 Page 64 of 60 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this ^ t day of r_Q ILI � .2006, Date Property acquisition approved by BCC: May 24, 2005 Resolution No.: 2005-200/CWS 2005-03 AS TO PURCHASER: DATED: ;) - (,a - o L., ATTEST: DWIGHT E. BROCK, Clerk /TIN. A41 U .. R. Attest: Iz I patwe only. AS TO OWNER: DATED: —A I Gt -76 Witness (Signature) Name: (Print or Type) Witness (Signature) Name: C,_\o.ucx:a O-oC�L-• (Print or Type) Approved as to form and legal sufficiency: //Z— v A Ellen T. Chadweil Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: raF k Halas, Chairman Homes of Islandia Homeo s, Associat* I (Nime,Presib entice "Oresident) (Print Narhe) 4443 Club Estates Drive Naples, FL 34112 Agenda Item No. 8A January 23, 2007 Page 65 of 69 associated with the making of these representations contained herein or County's reliance upon these representations. 19. The interest to be conveyed Is fee simple or easement to County, subject to any conditions, limitations, declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance commitment, abstract previously furnished, or a title opinion stating the interest to be received by County. Dated: 6 2046 Homes of Witness (Signature) Associatic Name: S v M . (Print or type) Witness Signature Name: (Print or Type) STATE OF fIst�'` COUNTY OF CQlf �— iden"ice President) (Print N me) Address: 4443 Club Estates Drive . Naples, FL 34112 Tax Identification #: I'-I - I!�a`t St-? 2 1, �� ✓y7 St worn to and subscribed before me this � V day of 2006 by ' (Name, President/ Vice-PfeeiUCnt), on behalf of Homes of Islandia Homeowner's Association nc. He is personally known to me or'Fiff�uced as id5nriRcation. WITNESS my hand and official seal this & day of �� 2006. (affix notarial sea[) ­�' .: J pez- (Signature o Nota Pu lic) > `P � 1& 4 (Print Name of Notary Public) NOTARY PUBLIC SeriaYCcmmission #: (if any)_ My Commission Expires: _ L-11EL D .PECK :y Publlc - Slate of R011d Comrntislon N pa 3 7 1 7 1 0 B11 nded By NatlonatlJOlary Au Agenda Item No. 8A January 23, 2007 Page 66 of 69 CLOSING STATEMENT CLOSING DATE: —~BUYER`BOARDOF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ASTHE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER m�r�/rr --'''—' ' G�LBRS SI8 (Name, Pr iden0rice President) (Print Na6e) Agenda Item No. 8A January 23.2OO7 �r f r o D 'r � ' ATTORNEY: tilen T. Chadwell, Assistant County Attorney SELLER: Homes of IslandioHomncwver'o Association, Inc. TIN#: LEGAL DESCRIPTION See Exhibit ^A~ attached hereto and made a part hereof. Dapos|L.-----.---------..--..--'.....—..--......'.'.--- $ � Cashe8 Closing ............................ ........................................................... $ ' CHARGES & EXPENSES Charge Seller Charge Buyer AO VALOREM PROPERTY TAXES: Based uno0____ taxes of $________ $________x/8e5 days = $ $ lB]ORDIN8: IndexingFee ................................... ..................................... $ $ Access Easement ...................... ( ..................... $ $ Utility Easement ------ < ..................... $ $ TG['.--------'--( pages) ...................... $ $ 27.00 Other..................................... pages) ...................... $ $ REVENUE &TAXATION: State Stamps on Easement ....................... ................ ........ $ State Stamps onTCE --------'-----'----' $ Other..—_'.'_--''.--.—..—_--------.—.—.. $ $ TOTAL CHARGES ' ---------- $ --------� $ RECAPITULATION Gross Cash to 8eUec---.— $4,400J0 Purchase Price ...................... $4,400l0 Less Charges 8oSeller .............. $ Plus Buyer's Charges ---.— $ 27-00 Less $ Less Deposit .......................... � $ / Pkas8eller'o Credits ................. Less Deferred Costs .............. $ � Less Buyer's Credits .............. � Net CeohmSeMec --'--- $4,400l0 Cash tuClose ........................ $4,42700 ` � Disbursements: � ! County Clerk .......................... $ 27.00 Attorney ................................. � ' TaxQol|ootor .-------- $ | . GeUec'.----------. $ 4,400.00 _~ Other ........ .......... ............. ... $ . TDTAL----------- * *�42710 _ ____ PROJECT: Collier Boulevard Water Main Project 70151/70152 PARCEL: 17T FOLIO: 26123000026 FORM W -9- REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION YOU ARE REQUIRED BY LAW TO PROVIDE COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WITH YOUR CORRECT TAXPAYER IDENTIFICATION NUMBER (TIN). IF YOU DO NOT PROVIDE COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WITH YOUR TAXPAYER IDENTIFICATION NUMBER, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BY LAW. Printed Name: Homes of Islandia Homeowner's Association, Inc Street Address: 4443 Club Estates Drive City, State & Zip Code: Naples, FL 34112 Taxpayer Identification Number: Please enter your taxpayer identification number on the appropriate line: Employer Identification Number: —�rJr` jt-i — ig ags-7a Under penaltie of perjury, 1 certify that the number shown on this statement is my correct taxpayer n ication number (or I am waiting for a number to be issued to me). If you are awaiIX axpayer/-Ce�tIgcabon j=bj�P, you will have sixty (60) days to obtain a TIN and ZgAKtur9,1JName,Pfesident1 Vice President) Date:' on behal f Homes of Islandia Homeowner's Association, Inc. [The above signature should be that of the person authorized to utilize the TIN Number above) Allocation of the gross proceeds: % or $ 9, 1 °�) If the gross proceeds of this sale will be allocated among several individuals, please complete the following information: (Please use additional sheets if necessary). 1. Individual's Name:_ Individual's Address: Street Address City, State and Zip Code Allocation of the gross proceeds: _ % or $ TIN Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number (or I am waiting for a number to be issued to me). If you are awaiting a taxpayer identification number, you will have sixty (60) days to obtain a TIN and furnish to this department. Signature: Date: rrhe above signature should be that of the person authorized to utilize the TIN Number above) 2. Individual's Name:_ Individual's Address: Street Address City, State and Zip Code Allocation of the gross proceeds: or $ TIN tr Benda Item No. 8A January 23, 2007 Page 68 of 69 +i j r i Agenda Item No. 8A January 23, 2007 Page 69 of 69 (rock m From: ZoneMelissa Sent: Wednesday, December 06, 2006 4:13 PM To: 'Susan Fariz'; bellows_r; brock m; CarrelDanelle; filson_s; johnson_c; martin—c; 'minutes and records'; phillips s; SandersBob Cc: 'Fred Reischl'; wiley_r, kurtz _g; GianfrancoNicolaci; PDIMRF @aol.com; PDITFF @aol.com; bellows—r; SchmittJoseph; murray_s; CaudillScottTrinity Subject: RE: Homes of Islandia (PUDA- 2006 -AR -9576) The applicant for PUDA- 2006 -AR -9576 Homes of Islandia has requested a continuance for the public hearing schedule for December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reischl for the county as well as Trinity Caudil -Scott in Transportation and they agreed that their companion item should also be continued. That petition is PUDZ -A- 2006 -AR -9021 LASIP. As soon as a new hearing date has been determined I will contact everyone on the list. Thank you Melissa zone Principal Planner Department of Zoning & Land Development Review 2100 N. Horseshoe Dr. Naples, FL 33104 239- 213 -2968 From: Susan Fariz [mallto: pdismf @aol.com] Sent: Wednesday, December 06, 2006 2:46 PM To: ZoneMelissa; bellows_r; brock_m; CarrelDanelle; filson_s; johnson_c; martin_c; 'minutes and records'; phillips_s; SandersBob Cc: 'Fred Reischl'; wiley_r; kurtz_g; GianfrancoNicolaci; PDIMRF @aol.com; PDITFF @aol.com Subject: Homes of Islandia (PUDA - 2006 -AR -9576) Good aftemoon, all. Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA- 06 -AR- 9576). This petition is currently scheduled for the December 12, 2006 BCC meeting. Thank you. Sincerely yours, Susan N. Fariz Project Coordinator PLANNING DEVELOPMENT INCORPORATED Development Consultants, Civil Engineers, Planners and Landscape Architects 5133 Castello Drive, Naples, Florida 34103 P 239.263.6934 F 239.263.6981 12/6/2006 Agenda Item No. 8B January 23, 2007 Page 1 of 260 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDZ -A- 2006 -AR -9021 Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a Planned Unit Development (PUD) to PUD Rezone (The Club Estates) to a Community Facilities Planned Unit Development (CFPUD) to be known as the Lely Area Stormwater Improvement Project (LASIP). The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a passive recreation use and stormwater management facilities. The subject property is located along Collier Boulevard (CR -951), south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDA- 2006 -AR -9576 Homes of Islandia OBJECTIVE: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to a new PUD to be known as the Lely Area Stormwater Project (LASIP) Community Facilities Planned Unit Development (CFPUD). CONSIDERATIONS: This supplemental to the Executive Summary is to clarify the intent of petition PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD which is a companion item to PUDA -2006- AR -9576 Homes of Islandia. Both petitions are separating The Club Estates (Ordinance 99 -31) into two PUD's. The petitioner for LASIP Conservation CFPUD is establishing the zoning for the mitigation area for the LASIP CFPUD as required as a part of the Federal permit and to provide for a passive park for the residents of Collier County. The proposed CFPUD rezones the 99.3 acres from the Club Estates PUD and designates the proposed CFPUD as a mitigation area preserve as mandated by the Corps' Section 404 environmental resource permit that was issued for the LASIP. The impacts of the construction of the Lely Area Stormwater Improvement Project's surface water management system are being mitigated by 109.3 acres of preserve areas. The Corps issued a permit to discharge 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate 128.324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. To allow the construction, the permittee (county) had to off -set the impacts by purchasing mitigation land, for that reason the county bought the 99.3 acres which is the proposed LASIP CFPUD. The LASIP CFPUD is 99.3 acres of the mitigating area. The other 10 acres is just northwest of the PUD adjacent to the airpark landing strip. Conditions of the permit are: the natural preserve areas shall not be disturbed by any dredging, filling, clearing, agricultural activities, planting or any other construction work except as necessary to comply with the exotic removal and supplemental plantings. The Master Plan depicts a 400 square foot picnic area and 400 square foot observation deck which will both be situated near the entrance of the park. The hours of operation for PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 1 of 2 Agenda Item No. 813 January 23, 2007 Page 2 of 260 the park will be noted on a sign that will state the park will be open at dawn and closed at dusk and that no overnight sleeping or camping is allowed. The park will also have a gate across the entrance to prevent access to the park when it is closed. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the amendment by a vote of 7 -1. The motion included the following stipulations: 1. The proposed trail or walkway has a minimum set -back from the property line of fifty (50) feet. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ -A- 2006 -AR -9021 Lely Area Stormwater Improvement Project (LASIP) CFPUD subject to the CCPC's stipulation noted above. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 2 Agenda Item No. 8B January 23, 2007 Page 3 of 2660 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ., Item Number: BB Item Summary: This item to be heard following Companion Item 8A PUDA- 2006 -AR -9576 Homes of Islandia RPUD. This item was continued from the November 28, 2006 3CC meeting and the December ',2, 2006 BCC meeting. This item requires that all participants be sworn in and ex pane disclosure be provided by Commission members. PUDZ -A- 2005 -AR -9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred RelScnI. AICP. of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP Conservation Area) The CFPUD is currently part of The Club Estates PUC, . That PUD is being amended concurrenity to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. Tne proposed uses include restoration protection and preservation of native vegetative communities and wildlife habitat, a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East. Collier County, Florida. (Companion to Item BA PUDA - 2006 -AR -9576 Homes of IslandiM. Meeting Date: 1123/2007 9:00.00 AM Prepared By Melissa Zone Principal Planner Date Community Development 8 Zoning 8 Land Development Review 11/15!2006 11:13:33 AM Environmental Services Approved By Marjorie M. Student- Stirling Assistant County Attorney Date County Attorney County Attorney Office 121112006 6:33 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 12W2006 12; t5 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 72!4;200& 3:16 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Admmistrative Services Information Technology 1.21512006 8:09 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1215;2006 10:06 AM .Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1215/2006 7:12 PM Commissioners Agenda Item No. 88 January 23, 2007 Page 4 of 260 EXECUTIVE SUMMARY Petition: PUDZ-A- 2006 -AR -9021 Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a Planned Unit Development (PUD) to PUD Rezone (The Club Estates) to a Community Facilities Planned Unit Development (CFPUD) to be known as the Lely Area Stormwater Improvement Project (LASIP). The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a passive recreation use and stormwater management facilities. The subject property is located along Collier Boulevard (CR -951), south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDA- 2006 -AR -9576 OBJECTIVE: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to a new PUD to be known as the Lely Area Stormwater Project (LASIP) Community Facilities Planned Unit Development (CFPUD). CONSIDERATIONS: The proposed PUD to CFPUD is to remove the southerly 99.3 acres from The Club Estates PUD to be used for a conservation /preservation area, utilize the parcel as a passive recreational park and to enhance the 99.3 acre parcel as mitigation for impacts associated with the construction of the Lely Area Stormwater Improvement Project (LASIP). This enhancement consists of the initial treatment of exotics, supplemental planting of selected wetland areas, and long term maintenance. The rezone will restore, protect and preserve the native vegetative communities and wildlife habitat and allow visitors to enjoy the area. In addition to the preservation of native vegetation and wildlife the principal use will be for stonmwater management. The LASIP Conservation area is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The proposed amendment to CFPUD is consistent with the GMP and LDC and is suitable to the surrounding residential properties. The rezone will not add additional density and is compatible with the development in the vicinity. Existing and authorized land uses in the vicinity of the site are single - family and multi - family residential and the uses immediately adjacent to the site are single- family residential as are the proposed Homes of Islandia RPUD which is the companion item to this petition. The rezone will not adversely affect the health, safety and general welfare of the citizens of Collier County. PUDZ -A- 2006 -AR -9021 LASIP CFPUD Pa-e 1 of Agenda Item No. 813 January 23, 2007 Page 5 of 260 Growth Management Plan Impact (GMP): Future Land Use Element: The subject property is designated Conservation, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The conservation and passive recreation uses afforded within the proposed PUD are permitted within the Urban Residential Sub - District. The proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and found it consistent with the Transportation Element of the GMP. LASIP does not add density or increase AM or PM traffic on the County roadway network and is a companion item for the Homes of Islandia PUD. The application does reflect the ability to add a passive park with limited access and parking. This would result in de minimus off peak trips. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the CFPUD Document and for this reason the rezone is consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): The EAC did not hear this petition because the land will be used for a conservation easement. FISCAL IMPACT: This PUD to PUD 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. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer systems. Please note that impact fees collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.02.13 and 10.03.05 of the LDC. The evaluation is completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 5 Agenda item No. 88 January 23, 2007 Page 6 of 260 • The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because the project is surrounded by residential and the proposed rezone to a community facility land use is compatible with residential land use. Findings: The proposed change decreases density and the LASIP CFPUD will be in compliance with all county regulations; therefore the project is suitable for the area. • 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. Pro: The proposed rezone CFPUD document incorporated design and buffering requirements. Additional buffering requirements might be incorporated during the development order process. Con: None. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. • The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the neighborhood and as a result the subject property will not increase traffic or add adverse impacts to other public facilities. Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. • Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary; it is being requested to mitigate water management for the Lel_y Area Stormwater Improvement Project in compliance with the Army Corps of Engineers and the South Florida Water Management District permit requirements. Con: None. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the GMP is positive. PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 3 of 5 Agenda Item No. 8B January 23, 2007 Page 7 of 260 • Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed change will not adversely influence living conditions in the neighborhood because the recommended land use will not alter the other conditions for approval and should ensure the least amount of adverse impact on adjacent and nearby developments. Con: The adjacent and surrounding property owners may perceive that the addition of a public park will encourage people to loiter after the park closes. Findings: The proposed LASIP CFPUD is compatible with adjacent land uses due to the similarities that should be realized between the surrounding residential uses and the proposed community facility use. No density is proposed and the types of noise related to a passive park should not be offensive. • Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP. This project will not generate significant traffic impacts therefore, approval of this project would be deemed compatible with surrounding land uses and will not affect the public safety. Con: The adjacent and surrounding property owners may perceive that the addition of a public park with five parking spaces could adversely impact traffic flow on Collier Boulevard (CR -951) even though staff from the Transportation Division deemed the petition consistent. Findings: The rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the amendment by a vote of 7 -1. The motion included the following stipulations: 1. The proposed trail or walkway has a minimum set -back from the property line of fifty (50) feet. PUDZ -A- 2006 -AR -9021 LAW CFPUD Page 4 of 5 Agenda Item No. 813 January 23, 2007 Page 8 of 260 STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ -A- 2006 -AR -9021 Lely Area Stormwater Improvement Project (LASIP) CFPUD subject to the CCPC's stipulation noted above. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 5 of 5 ca r o C) co O N -0 M N O O L O) cc CD TN= cLL 1QN / CL z z. ofN z O U O 0 0 N N O 0.. Z O H E- W a F 41F6 ^Z O � 4 O O ¢ a O J k �y Rig AYY3LYD 18f3 q �Ci axYnamoe isrriro � L9l Y'J �7Sz.f {j� � �ffi iYH46 0 �� N y g9 ��p1 �� 3 UJC7tl WiK A11d70D � S _3A SF � mG�81�i1F1Y. CL z z. ofN z O U O 0 0 N N O 0.. Z O H E- W Agenda Item No. 8B January 23, 2007 Page 10 of 260 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH INCLUDES 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 THE CLUB ESTATES PUD TO LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP) CONSERVATION AREA COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD). THE SITE IS FOR PRESERVE, WATER MANAGEMENT AND PASSIVE RECREATIONAL USES FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (951), SOUTH OF CLUB ESTATES DRIVE AND NORTH OF NAPLES LAKES COUNTRY CLUB, IN SECTION 15, TOWNSHLP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 99.3 ACRES; PROVIDING FOR THB REPEAL OF ORDINANCE NUMBER 99 -31, THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEIZFAS, Fred Reischl, AICP of Agnoli, Barber & Brundage, Inc., representing the Collier County Transportation Division, 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 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from The Club Estates PUD to LAS1P Conservation Area Community Facilities Planned Unit Development (CF-PUD), in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, as amended, Ware hereby amended accordingly, SECTION TWO: Ordinance Number 99 -31, known as The Club Estates PUD, adopted on May 1t, 1999, by the Board of County Commissioners of Collier County; is hereby repealed in its entirety. Page 1 of 2 Agenda Item No. 8B January 23, 2007 Page 11 of 260 SECTION TI-MEE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, on this _ day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency W41- Marjorie M. Student- Stirling Assistant County Attorney PUDZ•A- 2006 -A a- 90217MZ Page 2 of 2 Agenda Item No. 8B January 23, 2007 Page 12 of 260 CoilIer County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 2, 2006 SUBJECT: PETITION PUDZ -A- 2006 -AR -9021, LASIP COMPANION ITEM: PUDA- 2006 -AR -9576 HOMES OF ISLANDIA OWNER: Collier County Transportation Division 2885 South Horseshoe Drive Naples, FL 34104 AGENT: Fred Reischl, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 REOUESTED ACTION: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to be known as the Lely Area Stormwater Project ( LASIP) Community Facilities Planned Unit Development (CFPUD). GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR -951), one mile north of Rattlesnake- Hammock Road in Section 10, Township 50 South, Range 26 East. Collier County, Florida. (See attached location map on the following page) To be switched out for Location Map PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 1 of 6 Agenda Item No. 8B January 23, 2007 Page 13 of 260 PURPOSE /DESCRIPTION OF PROJECT: PUDZ -A- 2006 -AR -9021 LAS1P CFPUD November 2, 2006 CCPC Hearing Page 2 of 6 Agenda Item No. 8B January 23, 2007 Page 14 of 260 The proposed amendment is to amend the existing 254.6± acre PUD by removing the southerly 99± acres from the subject parcel area for conservation/preservation area and to utilize the parcel as a passive recreational park. The rezone will restore, protect and preserve the native vegetative communities and wildlife habitat and allow visitors to enjoy the area. In addition to the preservation of native vegetation and wildlife the principal use will be for stormwater management. SURROUNDING LAND USE AND ZONING: Subject Parcel: The Club Estates PUD, zoned PUD Surrounding- North: Naples National Golf Club, zoned PUD South: Naples Lakes Country Club (maximum 731 dwelling units), zoned PUD East: Vacant, zoned Agriculture (A) West: Shadow Wood (Airport Runway) (maximum 569 dwelling units), zoned PUD t - — d 1 PUD m PUD �a J PUD ( —.� MPLES+'�.iATZGOLFCLUS ' �i + Af-I`PLES i FPrrAGEGOLFAidD COUiWRYCLUB PUD -UB CSTA TES _ RU D � � .. � I.i �- L 'n P t� i, _ L r fi a °-L= VII= EST.ATES.R— !� �, ...E � =- - -`— --- PUD t'na$' PUD s'Fm DD 14+1' eo CAD PUD RG r�'� PU D " ! PU Dl ( PLFS LAKES + _ +UA17+4'Y+= U � CIF. TA 'S'Y'.,4�'+'0.`�T. �rXf. RSF 4 ( r� �s ��rA�. GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 3 of 6 Agenda Item No. 8B January 23, 2007 Page 15 of 260 The subject property is designated Conservation, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The conservation and passive recreation uses afforded within the proposed PUD are permitted within the Urban Residential Sub - District. Future Land Use Element Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. CONCLUSION: The proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and found it consistent with the Transportation Element of the GMP. LASIP does not add density or increase AM or PM traffic on the County roadway network and is a companion item for the Homes of Islandia PUD. The application does reflect the ability to add a passive park with limited access and parking. This would result in de'minimus off peak trips. Commons Area/Conservation Area: The CFPUD provides 99.3 acres of public open -space with the principal uses as stormwater management and a passive park. No building or structures shall be erected in the designated Conservation Area other than a four - hundred (400) square foot observation deck. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit `B ". Environmental Analysis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the CFPUD Document and for this reason the rezone is consistent with the LDC and GMP. An Environmental Impact Statement (EIS) was not required but will be at the time of the first development order. Environmental Advisory Commission (EAC): The EAC did not hear this petition because the land will be used for a conservation easement. Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: No objection. This PUD Amendment does not impact the utilities provision; no additional utilities are required or proposed Zoninz and Land Development Review Analysis: As noted, the proposed CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrently to remove the 99.3 acres that are PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 4 of 6 Agenda item No. 8B January 23, 2007 Page 16 of 260 the subject of the petition. The result will be a smaller acre PUD to be known as homes of Islandia and a new LASIP Conservation area CFPUD. The LASIP Conservation area is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The proposed amendment to CFPUD is consistent with the GMP and LDC and is suitable to the surrounding residential properties. The property is adjacent to Collier Boulevard (CR -951) and a Greenway is planned for the east side of Collier Boulevard with a crosswalk at Rattlesnake - Hammock Road. This crosswalk will provide pedestrians and cyclist access to the LASIP conservation area. As depicted on the conceptual Master Plan (Exhibit "A" of the CFPUD document) the only access to the project is from Collier Boulevard (CR -951). NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at the Edison College, Conference Room J -103, at 6:00 p.m. Approximately eighteen people attended, including the applicant's team and county staff. Of those who spoke, most had questions regarding the LASIP Conservation property uses as a proposed passive park. Some of the neighboring property owners at Naples Lakes Country Club reported having had nuisance vagrancy issues on their golf course, using their facilities. They expressed a concern about the same type of activity occurring on the park property. Others brought up the issue of invasive exotic vegetation spreading on to their property from the LASIP site and stated that the county needs to clear and maintain the invasive species to prevent them from spreading. Also discussed was the possibility of a parking space for a school bus, so that the area schools could use the park for student fieldtrips. Several people agreed that the county's Parks and Recreation Department could become involved in some of the maintenance and oversight of the park area. Others expressed an interest in having a locked gate at the park's entrance after hours. No one voiced opposition to the rezone proposal. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDZ -A- 2006 -AR -9021 LASIP CFPUD. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" — Rezone Findings and Exhibit `B" — PUD Findings PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND PUDZ- A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Pa-e 5 of 6 Agenda Item No. 8B January 23, 2007 Page 17 of 260 LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Mark P. STRAIN, CHAIRMAN PUDZ -A- 2006 -AR -9021 LAMP CFPUD Page 6 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8B January 23, 2007 Page 18 of 260 EXHIBIT "B" FINDINGS FOR PUD PUDZ-A- 2006 -AR- 9021 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: I. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because the project is surrounded by residential and the proposed rezone to a community facility land use is compatible with residential land use. Findings: The proposed change decreases density and the LASIP CFPUD will be in compliance with all county regulations; therefore the project is suitable for the area. 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. Pro: The application is owned by the county and the petitioner and the parcel will be the responsibility of the county's Parks and Recreation Division who will maintain the area. Con: None Findings: Documents submitted with the application provide evidence of unified control. The CFPUD document makes appropriate provisions for continuing operation and maintenance of the park area. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the rezone amendment and found the proposed rezone is consistent with the Growth Management Plan (GMP). Con: None Findings: The proposed rezone is consistent with the goals, objective and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 1 of 3 Agenda Item No. 8B January 23, 2007 Page 19 of 260 4. 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. Pro: The proposed rezone CFPUD document incorporated design and buffering requirements. Additional buffering requirements might be incorporated during the development order process. Con: None. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of 99± acres is consistent with the provisions of the Land Development Code (LDC) and the GMP for open space because no development will be permitted on the parcel. Con: None. Findings: The ninety -eight (99 ±) acres of Conservation area and lakes is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: The Purpose of the project is to mitigate the Lely Area Stormwater Improvement Project which will lower the flood elevations and to reduce the duration of peak stages while reducing dry season over drainage and providing as much water quality improvement and groundwater recharge as possible to the Lely area. Con: None. Findings: The proposed CFPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, careful design of the project has avoided wetland impacts where possible and minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting the overall project purpose. T. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the neighborhood and as a result the subject property will not increase traffic or add adverse impacts to other public facilities. PLTDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 2 of 3 Agenda Item No. 3B .ianuary 23.. 2007 Page 20 of 260 Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. 8. Conformity with PUD 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. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria for a passive park requires an evaluation of the extent to which development standards and deviations proposed for the LASIP CRPUD will be required. PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 3 of 3 Agenda Item No. 8B January 23, 2007 Page 21 of 260 REZONE FINDINGS PETITION PUDZ -A- 2006 -AR -9021 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis of the relevant goals, objectives and policies of the Conservation & Coastal Management Element and the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None Findings: Based upon staff's review, the proposed development is in compliance with the FLUE of the GMP for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report illustrate where the LASIP CFPUD site is located and the existing residential land use in the area. Con: None. Finding: This project will be compatible with the existing land use patterns as explained in the staff report for the reason that LASIP will not be developed. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: The design, layout, configuration, and size of the subject 99± acres are sufficient in size and are compatible with the surrounding residential zoning district. Con: None. Findings: The proposed rezoning will not create an isolated district related to adjacent and nearby districts. The surrounding area is developed with residential uses; thus, the uses and the zoning districts share a use relationship that is compatible to a passive park. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The site has substantial frontage on Collier Boulevard (CR -951) and is in scale with the surrounding land uses. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page] of 5 Agenda Item No. 8B January 23, 2007 Page 22 of 260 Con: None. Findings: The district boundaries are logically drawn and the request reasonable furthermore the use will be in harmony with the surrounding area. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary; it is being requested to mitigate water management for the Lely Area Stormwater Improvement Project in compliance with the Army Corp of Engineers and the South Florida Water Management District permit requirements. Con: None. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the GMP is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed change will not adversely influence living conditions in the neighborhood because the recommended land use will not alter the other conditions for approval should ensure the least amount of adverse impact on adjacent and nearby developments Con: The adjacent and surrounding property owners may perceive that the addition of a public park will encourage people to loiter after the park closes. Findings: The proposed LASIP CFPUD is compatible with adjacent land uses due to the similarities that should be realized between the surrounding residential uses and the proposed community facility use. No density is proposed and the types of noise related to a passive park should not be offensive. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP. This project will not generate significant traffic impacts therefore: approval of this project would be deemed compatible with surrounding land uses and will not affect the public safety. Con: The adjacent and surrounding property owners may perceive that the addition of a public park with five parking spaces could adversely impact traffic flow on Collier Boulevard (CR- 951) even though staff from the Transportation Division deemed the petition consistent. Findings: The rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts. Evaluation of this project took into account the Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 5 Agenda Item No. 8B January 23, 2007 Page 23 of 260 requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. S. Whether the proposed change will create a drainage problem. Pro: Every project approved in Collier County involves staff to scrutinize its activity and require the developers to decrease all sub — surface drainage impacts that is generated by the developmental activities. Con: None. Findings: Development intensification has increased and area -wide flooding during a rainfall event occurs frequently. LASIP CFPUD was intended for mitigation to compensate impacts that affect water management improvements within the Lely area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Con: None. Findings: The proposed project will not have development on the parcel other then a passive park. For that reason, the proposed land use change will not reduce light and air circulation to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Protecting open space can stabilize or increase nearby or adjacent property values- - avoiding the need for increased property tax rates. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Con: None Findings: Economic studies in a wide range of urban areas have documented increases in real estate value for residences located near parks. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro: The proposed rezone is consistent with the purpose of the GMP and LDC and will not result in a detriment to the community as a whole. Con: None. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 3 of 5 Agenda Item No. 813 January 23, 2007 Page 24 of 260 Findings: The basic premise underlying all of the development standards in the Land Development Code is the sound application of the standards, when combined with the site development plan approval process and gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro: The change, if granted, will not result in an enclave of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is no substantive difference in the properties themselves which justifies different designations. Con: None. Findings: The proposed public passive park complies with the GMP regulations; consequently the proposed change does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The existing zoning is part of a residential Planned Unit Development known as The Club Estates. The county purchased the land for mitigation for wetland impacts that will result from construction of canals and lakes within the Lely Area Stormwater Improvement Project region. Con: None. Findings: Any petition for a change in land use is reviewed for in compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or denied. This petitioner is proceeding through the proper channels to obtain the Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project's development regulations provided in the CFPUD document are similar to what is allowable in the LDC. Con: None. Findings: The proposed passive park complies with the GMP and LDC which staff has evaluated the scale, density and intensity of land use and found it to be acceptable. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The GMP does not discourage the use of public parks within the county. Exhibit A Page 4 of 5 PUDZ -A- 2006 -AR -9021 LASIP CFPUD Agenda Item No. 8B January 23, 2007 Page 25 of 260 Con: None. Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The evaluations of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The proposed change will not hinder the achievement of the county's goal for public health, safety and welfare which will not be adversely affected. Con: None. Findings: As noted in Item 13 above, this site was bought by the county to compensate impacts to the wetlands and the ability to develop the property as a passive park will not influence the parcel unusable. 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 LDC regarding Adequate Public Facilities. Pro: There is no development impacts on the parcel therefore the availability of adequate public facilities and services will not be affected. Con: The proposed project is a passive park and not subject to evaluation under the Adequate Public Facilities Ordinance. Findings: During the application process staff reviewed all elements of the GMP and the LDC public facilities requirements and found it consistent and in compliance for zoning approval regardless that open -space does not provide public facilities. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development order approval process. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 5 of 5 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW. COLLIER GOV. NET Agenda Item No. 8B January 23, 2007 Page 26 of 260 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR: ❑ PUD REZONE (PUDZ) ® PUD TO PUD REZONE (PUDZ -A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY TRANSPORTATION DIVISION ADDRESS 2885 SOUTH HORSESHOE DRIVE CITY NAPLES STATE FL ZIP 34104 TELEPHONE # 239 - 774 -8192 CELL # FAX # 239 - 213 -5885 E -MAIL ADDRESS: TRINITYCAUDILLSCOTT (a)COLLIERGOV NET NAME OF AGENT FRED REISCHL AICP• AGNOLI BARBER & BRUNDAGE IN ADDRESS 7400 TAMIAMI TRAIL NORTH CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239-597-3111 CELL # 239 - 877 -8546 FAX # 239 - 254 -2829 E -MAIL ADDRESS: REISCHL(a-)ABBINC.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 6,14'04 I ASSOCIATIONS January 23, 20C�7 age 41 774C Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY CITY _ STATE ZIP, _ STATE ZIP STATE ZIP STATE ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). The parcel is owned by Collier County, a political subdivision of the State of Florida Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Application For Public Hearing For PUD Rezone 6/14/04 Name and Address Percentage of Owners aenda Item No. 8B Fanuacy 23, 2007 Page 28 of 260 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 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. Application For Public Hearing For PUD Rezone 6;14/04 Name and Address Percentage of Owner Age da Item No. 8B srnP ,,anuary 23, 2007 Page 29 of 260 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ® leased ❑ Term of lease yrs. /mos. July 25, 2002 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, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 "to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Application For Public Hearing For PUD Rezone 6/14/04 Agenda liem No. 8B Section /Township /Range 15 50 26 January 23, 2007 Page 30 of 260 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00418560006 Metes & Bounds Description: Size of property: • X ft. = Total Sq. Ft. Acres 99.3 Address /general location of subiect property The property is located along Collier Blvd South of Club Estates Drive and North of Naples Lakes Country Club It is currently a part of the Club Estates PUD. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial ADJACENT ZONING AND LAND USE Zoning Land use N PUD (The Club Estates PUD) Residential S PUD (Naples Lakes County Club PUD) E ROW W_ PUD (Shadow Wood PUD) Residential Collier Blvd ROW Airport Runway 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). The County owns 10 acres of undeveloped land used for mitigation It abuts the subiect site diagonally to the northwest Section /Township /Range 9 50 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00409880009 Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the PUD (The Club Estates) zoning district(s) to the PUD (LASIP Conservation Area) zoning district(s). Present Use of the Property: Off -site mitigation for the Lely Area Stromwater Improvement Projects Proposed Use (or range of uses) of the property: Off -site mitigation for the Lely Area Stornwater improvement project open space, and Passive recreation. Application For Public Hearing For PUD Rezone 6.'14104 Original PUD Name: The Club Estates PUD Ordinance No.: 99 -31 Agenda Item3, 200 Page 31 of 260 EVALUATION CRITERIA 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 support of the request. PUD Rezone Considerations (LDC Section 10.02.13.8) 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. 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. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. 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. S. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Application For Public Hearing For PUD Rezone 6/14/04 To your knowledge, has a public hearing been held Agenda Item No. 8B January 23, 2007 Page 32 of 260 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 rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Hearing For PUD Rezone 614/04 Agenda Item No. 813 January 23, 2007 STATEMENT OF UTILITY PROVISIONS Page 33 of 260 FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY TRANSPORTATION DIVISION ADDRESS 2885 SOUTH HORSESHOE DR. CITY NAPLES STATE FL ZIP 34104 TELEPHONE #239 - 774 -8192 CELL # FAX # 239 - 213 -5885 E -MAIL ADDRESS: TRINITYCAUDILLSCOTT (p7COLLIERGOV .NET ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): NIA LEGAL DESCRIPTION Section /Township /Range 151 50 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00418560006 Metes & Bounds Description: No sewer or water service is to be provided. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ❑ a . CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e . SEPTIC SYSTEM a. b. C. d. TYPE OF WATER SERVICE TO BE PROVIDED COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) STATEMENT OF UTILITY PROVISIONS — page 2 Application For Public Hearing For PUD Rezone 6114/04 ■ ■ ■ Agenda Item No. 813 January 23, 2007 Page 34 of 260 TOTAL POPULATION TO BE SERVED: N/A PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK N/A AVERAGE DAILY N/A B. SEWER -PEAK N/A AVERAGE DAILY N/A IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED N/A NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. AFFIDAVIT Application ror Public Hearing For PUD Rezone 6'14'04 N We /l, being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner to act as The foregoing instrument was acknowledged before me this day of 200___, by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) TRAFFIC IMPACT STATEMENT (TIS) .Application For Public Hearing For PUD Rezone W14%04 A TIS is required unless waived at the A p da Item No. 8B q pre - application meeting. The TIS required mcl����l�l�r n07 major or minor as determined at the pre - application meeting. Please note the following witKxq@(56cbtd60 TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1 . Trip Generation: Annual Average Daily Traffic (at build -out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right -of -way) such as providing or eliminating an ingress /egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1 .3, 1 .4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1 . Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned /Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Application For Public Hearing For PUD Rezone 6114 -U4 AedaItmN�� 813 1. Trip Generation: Provide the total traffic generated by the project for each �6�nl4� T3&07 project's Radius of Development Influence (RDI) in conformance with the acceptditAge lb' -bM1260 engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5 . Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C ". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industria 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up I, institutional, etc.) 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 . Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak -hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas Application For Public Hearing For PUD Rezone 6/14/04 within the projects RDI. A map or list of such lands with potential traffic impact A e a.Item_��11(*07 o 8B 9 ,7s23! be provided. Page 38 of 260 9. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned /Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. Application For Public Hearing For PUD Rezone 6114%04 Agenda Item No. 8B january23.20 -/ Page 39 of 2E C PUD REZONE APPLICATION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTES Provide copies of notes taken at pre - application meeting ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Refer to LDC Section 10.02.1 3 for required information DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee ► PUD Rezone = $10,000 + $25 per acre ► PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 Legal Advertising Fees ► BCC =$363 ► CCPC = $729 Fire Code Review = $150 EIS Review = $2,500 ENVIRONMENTAL IMPACT STATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. AERIAL PHOTO Application For Public Hearing For PUD Rezone 6/14/04 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken wiYhm n a Item No, 88 JA�?eZ`' X07 twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said �ag�kiCsFc>160 identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public. Survey shall be accompanied either by an Attorney's Opinion of Title or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting) CONCEPTUAL SITE PLAN If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8' /2" x 1 I" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. Application For Public Hearing For PUD Rezone 6,%14/04 ARCHITECTURAL RENDERING Architectural rendering of any proposed structures Agenda Item No. 8B January 23, 2007 Page 41 of 260 TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre - application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and /or Federal permits POSTAL SERVICE LETTER OF NO OBJECTION Provide a copy of the letter notifying the U.S. Postal Service of the proposed project. The letter should be addressed to: Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05.E. Please see attachment for requirements. OTHER Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05.E Application For Public Hearing For PUD Rezone 6/14/04 aenda [Je[n N 813 Applicant must conduct at least one Neighborhood Informational Meeting (NIM) a�iu4�2ci07 review and comment on the application and before the Public Hearing is scheduleRhgeiltE i (!F0 Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 1 0.02.1 2.C. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (1 0) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Application For Public Hearing For PUD Rezone 6(14'04 Agenda Item No. 8B nr Page 43 of 2 SUBMITTAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Copies Check here if not required ® 24* Completed Application ❑ ® 24* Pre - Application Meeting Notes ❑ ® 24* Legible Conceptual Site Plan 24" X 36" (1 1 X 17 Per Mike Bosi) ❑ ® 1 Conceptual Site Plan 8' /s" X 11" ❑ ® 24 PUD Document and Master Plan ❑ ® 1 24" x 36" Master Plan ❑ ® 2* Warranty Deed or Contract for Sale ❑ ® J* Owner /Agent Affidavit, signed & notarized ❑ F-14 Environmental Impact Statement or waiver ❑ 5* Aerial Photos with Habitat Areas Identified (in State & Fed Permits) ❑ ❑ 4 Utility Provisions Statement with Sketches F-17 Traffic Impact Statement or waiver ❑ 4 Historical Survey or waiver ❑ 4 Architectural Rendering of Proposed Structures ® 4 Boundary Survey, no more than 6 months old(24" x36 ") ❑ ® 4 Copies of State and /or Federal Permits ❑ 1-14 Affordable Housing Density Bonus Agreement, if applicable ❑ ❑ 1 Electronic Copy of PUD Document & Plans ❑ ❑ 1 Copy of Letter notifying the U.S. Postal Service of project ® 2 Addressing Checklist ❑ Required Fees INTERDEPARTMENTAL TRANSFER * One additional copy required if for Affordable Housing As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent /Applicant Signature Application For Public Hearing For PUD Rezone 6/14/04 Date Agenda Item No. 8B January 23, 2007 Page 44 of 260 LASIP CONSERVATION AREA n COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LASIP CONSERVATION AREA, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: COLLIER COUNTY TRANSPORTATION SERVICES DIVISION 2885 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 PREPARED BY: AGNOLI, BARBER & BRUNDAGE, INC. 7400 NORTH TAMIAMI TRAIL NAPLES, FL 34108 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" Agenda Item No. 8B January 23, 2007 Page 45 of 260 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION 1 PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION 2 PROJECT DEVELOPMENT 2 - 1 SECTION 3 CONSERVATION AREA 3 - 1 SECTION 4 DEVELOPMENT COMMITMENTS 4- 1 I Agenda Item No. 8S January 23, 2007 Page 46 of 260 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan EXHIBIT `B" Location Map EXHIBIT "C" Boundary Survey Agenda Item No. 8B January 23, 2007 Page 47 of 260 STATEMENT OF COMPLIANCE The use of approximately 99.3 acres of property in Collier County, as a Community Facilities Planned Unit Development ( CFPUD) to be known as the LASIP Conservation Area CFPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The uses of The LASIP Conservation Area CFPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: The subject property is within the Conservation Designation as identified on the Future Land Use Map (FLUM) as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2. The subject property will place no demands upon public facilities and will add to the public infrastructure, per Objective 2 of the FLUE. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. in Agenda Item No. 8B January 23, 2007 Page 48 of 260 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the LASIP Conservation Area CFPUD. 1.2 LEGAL DESCRIPTION The subject property, being 99.3 acres, is described as: Commencing at the northeast corner of Section 15, T50S, R26E, Collier County, Florida; thence along the North line of said Section 15, S87 °37'14 "W 100.16 feet to the West right -of -way line of CR -951 for a PLACE OF BEGINNING; thence along said West of right -of -way line S00 051'53 "W 892.87 feet; thence S87 °43'59 "W 4870.63 feet to the West line of said Section 15; thence along said West Section line N00 °15'23 "W 882.49 feet to the Northwest corner of said Section 15; thence N87°37' 14 "E 4888.46 feet to the place of beginning, containing 99.3 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, a political subdivision of the State of Florida, 3301 Tamiami Trail East, Naples, FL 34112-3969 1 -1 Agenda Item No. 88 January 23, 2007 Page 49 of 260 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the LASIP Conservation Area CFPUD shall be in accordance with the contents of this Document, PUD- Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the LASIP Conservation Area CFPUD shall become part of the regulations that govern the manner in which the CFPUD site may be used. D. Unless modified, waived or excepted by this CFPUD, other provisions of the LDC, where applicable, remain in full force and effect with respect to the use of the land which comprises this CFPUD. E. Uses permitted by the approval of this petition will be subject to a concurrency review for adequate public facilities. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, is illustrated graphically by Exhibit 2 -1 Agenda Item No. 8B January 23, 2007 Page 50 of 260 "A ", PUD Master Plan. There shall be one land use tract, the general configuration of which is also illustrated by Exhibit "A" TYPE ACREAGE TRACT "C" Conservation 99.3 ACRES 2 -2 SECTION III CONSERVATION AREA 3.1 PURPOSE Agenda Item No. 8B January 23, 2007 Page 51 of 260 The purpose of this Section is to restore, protect, and preserve the native vegetative communities and wildlife habitat; and to allow passive enjoyment by the citizens of and visitors to Collier County. 3.2 PERMITTED USES As stated in the Conservation Designation of the FLUE of the GMP, passive recreational uses are permitted. The future land use designation of this CFPUD is Conservation. A. Principal Uses: 1. Restoration, protection and preservation of native vegetative communities and wildlife habitat. 2. Stormwater management. B. Accessory Uses: 1. Passive recreational uses, subject to the issuance of permits by the South Florida Water Management District and the US Army Corps of Engineers, and limited to the following: i. Nature Trail - A trail at grade, set back a minimum of 50 feet from the north, south and west property lines. ii. Observation Deck — A maximum of 400 square feet in area. iii. Signage — One entrance sign: a minimum of 2 feet by 3 feet in size; interpretive sign(s): 3 feet by 4 feet in size; rules signs: a maximum of 3 feet by 4 feet in size. iv. Parking Areas — Five parking spaces, each measuring 12 feet by 20 feet, including one handicap space; constructed of crushed shell, geotextile pervious fabric or a combination thereof, bicycle rack and trash cans. v. One Picnic Pavilion — A maximum of 400 square feet in area with one picnic table, 6 feet in length. C. Other uses deemed comparable with the foregoing uses and compatible with surrounding properties as determined by the Board of Zoning Appeals pursuant to the process set forth in the LDC. 3 -1 4.1 PURPOSE 4.2. 4.3 4.4 Agenda Item No. 8B January 23, 2007 Page 52 of 260 SECTION IV DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the use of the project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time the development order permit is sought to which the regulations relate. The applicant, its successor and assigns shall be responsible for the commitments outlined in this Document. The applicant, its successor or assigns shall be bound by the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. ENVIRONMENTAL An environmental impact statement, in accordance with the requirements of the LDC, shall be submitted at the time site improvements are proposed. TRANSPORTATION The applicant shall provide payments for applicable sidewalks and bike lanes along the western right -of -way of Collier Boulevard (CR 95 1) and for modification of the road work plan to provide an access point along Collier Boulevard (CR 951) prior to completion of the six -lane widening of Collier Boulevard (CR 951). 4 -1 Agenda Item No. 813 January 23, 2007 Page 53 of 260 AFFIDAVIT p Ar ne6A �1 t1 ' 1tY Tf - being first duly sworn, depose and say that we /1 am /are the owners of the prope ty described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize 11 Wei } i! to act as our /my representative in any matters regarding this Petition. L )2 1blo� Sig natu o Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner rtls'7�2.�rcT � ,vign��G- The foregoing insilument was acknowledged before me this day of 200 , by who i ersonalt n to me or has-pro uced Y P as identification. State of Florida County of Collier PUDZ -A- 2006 -AR -9021 PROJECT #2006040027 DATE: 4/25/06 HEIDI WILLIAMS (Signature of Notary Public - State of Florida) MWWWL. ' . I RoUtN �ipm, (Print, Type, or Stamp Commissioned Name of Notary Public) Book 3091 - Page 2521 Agenda" !� Januar 3, C, Page 54 of 260 3031057 OR: 3091 PG: 11061D1D in MUM 11cws of COLLIII C 98115/2002 At 12:901t►191f Q1 1. MCI, CL COO PROJECT. Wy Area ftm w&W I nprovament (31101) ut Pat PARCEL No: tali Acre Parse( DOC -.10 FOUO No: W418560006 Collis fete: 11115P8ATA710111i0 0! NIT WARRANTY DEED 1LI1li1 CHI /Pla 9P � �m '�594i /IlQP1 T141S WARRANTY DEJ�TJ It made this t�l_... day of �" �'`I _ 2M. by STEPHEII M. VAVME AND ISAYER E. GU TMAN. as replooM et! Tnrstasc for the Trust under the Will of Swnwd fat. Savagft by lnstrum M recorded in 0.R Each 3081. PW 2w5. Public Records of Collier Coglay, Ronde. aftiase mating addow is do 101spr E. GuW aam Levin & Gann. 302 WashvVtm Or Floor. Towson, Maryland, 2120x4525 (taarairtafter w4vidusiy of coNeetMey retarred to as - Grat", to C01 I IER COUNTY, a poRicef subdivision at dta State of Fiortda, its suowwwrs and assigns. %ftse, post BfAae aWfess is 3901 TernWN Tral East Naples, Fwda. 34112 (herainaftw referred to as'Grantse'). (VAharevar used herein the Wft IGMtt a and ^ Grantee' include ON the parties to 0* Instrument and Moir r+esptts5ve heirs, legal reprsssratstives, wcoessom and assipra.) W ITNESSETf t: That the Grantor. for and In consideration of the sum of Ten Dolan (510.00) and aeor valuable consideration. moW whereof is hereby acknowledged, hereby grants, barpm, sets. aliens, ramises, releases, cerways and ctourtlfm unto the Grantee. all Meat cancan tared situate in Oozier cou*. Florida, to wit: See AWKhed Exhibit A' which Is incorporated hemin by tefenmm Subject to easern a. resvicoo ts, and reservabom of record. THIS LAND tS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD PROPERTY OF THE GRANTORS. NOR 18 IT CONt1GWUS TO ANY HOMESTEAD PROPERTY Of THE GRANTORS. TETHER with all the tanernents, hareditarnents and sppurb wwuwes thereto belonging or in wVwrse app"Ining. TO KkVE AND TO HOLD the sarna in fee strrapis forever. AND the Grantor hereby covenants with said Grantee OW the Grantor is Niwtuity setiasd of said WW in Me shvic. OW the Grantor rtes good right and lswfif suMtorihy to sail and Convey sW tend; that Ow Granby hereby fully mamma the We 10 said tared and will deWid the sane sp ost the kw Ul Warns of al parsons whornsoaver and that taut land is free of all oncuntbranoas except as Acted above. IN WMNESS WHEREOF, Itte said Grantor has signed and sealed these pr:sents pae day and year first above wd tan. Dated: Z 2002 PUDZ-A- 2006- AR_9021 - -- PROJECT #2006040027 DATE: 4/25/06 HEIDI WILLIAMs http:// www. coIlierappraiser .com/viewer/Image.asp? 11/17/2005 DEPARTMENT OF THE :ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1526 ROYAL PALM SQUARE BOULEVARD, SUITE 316 FORT MYERS, FLORIDA 33919 US Amory Corps of Engineers Fort Myers Regulatory Division South Permits BranchNVest Permits Section SAJ- 2002- 2436(IP -MJD) Collier County Board of County Commissioners John H. Bolt, P.E. CoN'ier County Stormwater Management Director 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Bolt: JUL 2 8 2005E Agenda Item No, 8B January 23, 2007 Page 55 of 260 Enclosed is a Department of the Army (DA) permit and a Notice of Authorization for application number SAJ- 2002- 2436(IP -MJD), to construct a surface water management system. The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The project site is bounded by C.R. 951 (Collier Blvd.) to the east and Radio Road to the north, in Sections 3 -10, 15- 25,29 -31 and 36 Township 50 South, Range 26 East, Collier County, Florida. The enclosed placard is required to be prominently displayed at the construction site. You may begin the work authorized by this permit. This permit does not relieve you of your responsibilities for any other Federal, State of local permit. In order to determine compliance with the permit, U.S. Amny Corps of Engineers personnel or a contractor may inspect the project site at any time. A copy of the enclosed permit and drawings, in addition to the placard, must be available at the site of work at all times. Please be aware that failure to comply with the permit limits or the conditions may result in enforcement actions to include civil penalties. If, in the future, you choose to modify your permitted work, this must be requested in writing and drawings showing the proposed changes must also be submitted. Any requests for extensions beyond the five year time limit must be requested, in writing, at least one month prior to the expiration date of the permit. Sincerely, ence C ief, Reg 'UDZ -A- 2006 -AR -9021 PROJECT #2006040027 DATE: 4/25/06 SAJ -2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Enclosures Copy Furnished: SFWMD, Fort Myers (permit #11- 01140 -S) USFWS -2- Agenda Item No. 8B January 23, 2007 Page 56 of 260 I AIVIlitgRAI 014 Oil I'! , /�� Permittee: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Permit No: SAJ -2002 -2436 (IP -MJD) Issuing Office: US Army Engineer District, Jacksonville Agenda Item No. BB NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the US Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To discharge approximately 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. The project also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The work is to be completed in accordance with the attached plans numbered SAJ- 2002 -2436 (IP -MJD) 12 sheets dated July 19, 2005. These drawings can be found in Attachment A, which is attached to, and becomes part of, this permit. Project Location: The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by C.R. 951 (Collier Boulevard) to the east and Radio Road to the north in Sections 3 -10, 15 -25, 29 -31 and 36, Township 50 South, Range 26 East, Collier County, Florida Latitude 26 °07'00" N and Longitude 81 °43'34" W Agenda Item No. 8B January 23, 2007 Page 59 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on July 25, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2.� You must maintain the activity authorized by this permit in good condition and in - conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Shall you wish to cease to maintain the authorized activity or shall you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached (see Attachment B). 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 2 Agenda item No. 813 January 23, 2007 Page 60 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Special Conditions: 1. The permittee shall notify the Corps in writing at least 48 hours, prior to commencement of the work authorized by this permit and shall provide a written status report every six months until the authorized work has been completed. This commencement notification, status reports, monitoring reports, and all other reports regarding this permit shall be submitted to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232- 0019 and shall reference the permit number. 2. The mitigation areas consisting of 10.1 and 99.2 acres of cypress and cypress /pine wetlands and uplands shall be managed in perpetuity to control nuisance and exotic vegetation and be placed into a conservation easement granted to the South Florida Water Management District within 180 days from commencement of activities authorized by this permit. 3. The applicant shall commence construction of the compensatory mitigation concurrent with the on -set of wetland impacts and finish all mitigation, exotic vegetation removal activities within one year. 4. The permittee shall ensure that the 109.3 acres of preserve areas remain in a natural state in perpetuity. The natural preserve area shall not be disturbed by any dredging, filling, land clearing, agricultural activities, planting, or any other construction work whatsoever (except as necessary to comply with the exotic removal and any supplemental plantings). The only future utilization of the preserved area will be as a natural area. With the exception of the mitigation plan as specified in Attachment C (11 pages), any work within the 109.3 acres of on -site preserves shalt be approved by the Corps of Engineers. Such approval may require a modification to the DA permit, additional mitigation or may require initiation of consultation with the FWS. 5. The permittee shall monitor the 109.3 -acre on -site compensatory mitigation area. Monitoring shall consist of baseline monitoring (prior to mitigation construction), time - zero monitoring (within 30 days following completion of the mitigation work), and annual monitoring reports thereafter. The baseline monitoring and time -zero monitoring reports shall be submitted to the Corps within 60 days of data collection. All monitoring reports shall be mailed to the U.S. Amory Corps of Engineers, Regulatory Division, Enforcement Branch, P.O. Box 4970, Jacksonville, Florida 32232 -0019. Each monitoring report shall include data collected on vegetation, wildlife, rainfall, wetland water levels and other information as described in the "Mitigation Area Monitoring and Maintenance Program ", and shall also include the following items: a. Department of the Army permit number; b. Sequence number of the report being submitted; KI Agenda Item No. 8B January 23, 2007 Page 61 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project c. Date the next report is expected to be submitted, and d. Brief summary of the status of the mitigation including any problems encountered e. and the remedial actions taken. 6. Annual monitoring shall continue for a minimum of five years or until the success criteria has been met for three consecutive years following the completion of the mitigation activities. A request for a final inspection shall be submitted with the last monitoring report. The Corps of Engineers shall make the success determination. 7: The 109.3 -acre mitigation area shall be enhanced and managed in perpetuity for - the control of invasive exotic vegetation as defined by the Florida Exotic Pest Plant zr Council's 2003 List of Invasive Species (Category 1) (http:l/fleppc.org). There shall be no invasive exotic vegetation or nuisance plant species of seed bearing size in the mitigation area. Plants over three feet in height are considered to be seed bearing in size. At no time shall the density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed 2% of the aerial cover in any individual stratum. At no time shall the total density of invasive exotic vegetation or nuisance plant species smaller than seed bearing size exceed a total of 5% for all strata. Any other work or alteration in these areas will require modification of this Department of the Army permit and possibly additional mitigation. 8. This Corps permit does not authorize you to take an endangered species, in particular the bald eagle. In order to legally take a listed species, you must have separate authorization under the ESA (e.g., and ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed FWS BO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the 80. Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO (Attachment D, 17 pages) which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the 130, where'a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non - compliance with your Corps permit. The FWS is the appropriate authority to determinie compliance with the terms and conditions of its BO, and with the ESA. 9. Nine water quality monitoring stations will be installed and monitored for a minimum of five years as contracted through the Collier County Pollution Control & Prevention Department. A station will be located a the inflow and outflow of each of the three spreader lakes. Discharges will be monitored a these six stations. These six stations are in addition to the three upstream stations proposed by Collier County in September 2004. 4 Agenda Item No. 38 January 23, 2007 Page 62 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project 10. The water quality parameters and the monitoring frequency will be the same as presently conducted by Collier County. Each of the nine stations will be samples monthly, and the samples will be analyzed for 36 parameters including physical properties, biological and microbiological components, nutrients, metals and important ions. Nutrients, total suspended solids and turbidity are of special interest. 11. Annually, Collier County will report water quality and discharge data to EPA, the South Florida Water Management District and the Rookery Bay National Estuarine Research Reserve. These organizations will recommend additional monitoring, trbatment or adaptive management, if necessary. 12. Within 60 days of completion of the work authorized and mitigation, the permittee shall provide to the US Army Corps of Engineers as -built drawings of the authorized work, including mitigation, and a completed As -Built Certification Form. (Attachment K, 3 pages) 61 Agenda Item No. 8B January 23, 2007 Page 63 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, and local - authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design -or construction deficiencies associated with the permitted work. R Agenda Item No. 8B January 23, 2007 Page 64 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicants Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: - a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces, which this office did not consider in reaching the original public interest, decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 7 Agenda Item No. 8B January 23, 2007 Page 65 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater improvement Project Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. - 'LE) -7 -59.06 (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has si ed below. 3 (DISICT ENGRf Robeh M. Carpenfe Colonel, U.S. Army District Engineer (DATE) THIS PERMIT CONTAINS 11 ATTACHMENTS, TOTALING 59 PAGES Attachment A - Permit Drawings (12 pages) Attachment B —WATER QUALITY CERTIFICATION .(South Florida Water Management District) Special Conditions in accordance with the General Condition number 5 on page 2 of this DA permit - (4 Pages) Attachment C - Compensatory Mitigation Plan (11 pages) Attachment D - U.S. FWS Biological Opinion (17 pages dated May 13, 2002) Attachment E - Wood Stork Management Plan (2 pages) Attachment F - RCW Management Plan (2 pages) Attachment G - Bald Eagle Management Plan (2 pages) Attachment H - American Crocodile Management Plan (2 pages) Attachment I - Eastern Indigo Snake Protection Plan (3 pages) Attachment J - Self- Certification Statement of Compliance (1 page) Attachment K -As Built Certification (3 pages) Agenda Item No. 8B January 23, 2007 Page 66 of 260 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Permit Transfer: When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (PERMITTEE — SIGNATURE AND TITLE) Permittee: Collier County Public Utilities 3301 Tamiami Trail East Naples, Florida 34112 PERMIT NUMBER: SAJ - 2004 -4078 ([P-MJD) DATE LOCATION & AUTHORIZED WORK: To discharge approximately 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. The project also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by C.R. 951 (Collier Boulevard to the east and Radio Road to the north in Sections 3 -10, 15 -25, 29 -31 and 36 Township 50 South, Range 26 East, Collier County, Florida (TRANSFEREE - SIGNATURE) (DATE) (NAME AND -TITLE - PRINTED/TYPED) (NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTED/TYPED) (TELEPHONE NUMBER) The above transfer agreement shall be completed and mailed to the local Corps of Engineers Regulatory Office or to: U.S. Army Corps of Engineers, Jacksonville District ATTN: Regulatory Division, Enforcement Branch P.O. Box 4970 _facksnnville Flnrida 2717 -Ml Q 9 Agenda Item No. 3B January 23, 2007 Page 67 of 260 Attachment A Permit Drawings 12 pages Agenda Item No. 8B LELY AREA STORMWATER IMPROVEMENT PROJECT (L �i'��� �'o2QQ0 f 260 SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA RADIO ROAD VICINITY MAP OVERALL REGIONAL BOUNDARIES - W a 0 �a x w w w a 0 U in T x Collier County BOCC SAJ -2002 -2436 (IP -MJD) July 19, 2005 Page 1 of 12 I i A .-M mmm"mm" & i"a, Rolla M Fly rh -V n U L M KM- - 12W4 g� !Www ...... 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III ��I.` , MA v� LI Agenda Item No. 8B January 23, 2007 Page 72 of 260 Attachment A Permit Drawings 12 pages Agenda Item No. 8B LELY AREA STORMWATER IMPROVEMENT PROJECT (L.�3of 2000 -, SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA VICINITY MAP OVERALL REGIONAL BOUNDARIES W O W a a a O U T Collier County BOCC SAJ- 2002 -2436 (IP -MJD) July 19, 2005 Page 1 of 12 - 41 rte, k � lil EL Eli 77- rk 'AIL- WMA VQVULis Pon fit Q• � �.i 1[ l l lily r ADO e _ © : � - �+ ion ■ Rrm Ikk AnAg MIEN= Em _s s. s - - • PART i • T r aall�I-r \_�� � ' !►� .. _...��, .�nrrr, unarm `�� ♦0 � � n, I -- ��,• �, f a - i Irrin�a • t � • -, 1' �urnnnuaaaa ra ������� F o a ®C�1�3�illll����r Y 0 U PA O w _ os 0 a� i 0 U� Ua ol M CD N o O N '�-- oN o Uoaia� �Ne- CUch -d 4' O o _o E r`n- _s s. s - - • PART i • T r aall�I-r \_�� � ' !►� .. _...��, .�nrrr, unarm `�� ♦0 � � n, I -- ��,• �, f a - i Irrin�a • t � • -, 1' �urnnnuaaaa ra ������� F o a ®C�1�3�illll����r Y 0 U PA O w _ os 0 a� i 0 U� Ua ol M CD N o O N '�-- oN o Uoaia� �Ne- CUch -d ,=NAM== Ln Agenda Item No. 8B January 23, 2007 Page 77 of 260 636 stk.d Wed" Hrdwoo" 411E 1 COMM 624E3 ' 621E1 - ! '416E 411E2 - •—� r �-� --' .- r r .—. 630E2 -.- r ,— .527 -- 743' ,-- 426E1 ' •- "� r r . 630E2 MITIGATION �- ` AREA . 612 r . — 612 514 _ 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF o CODE TOTAL *612 Mangrove vamp 1.6 100.0% V •�— r— Wetland �} Wetland Outside Mffigation Area Collier County BOCC Surface Waters outside Mitigation Area SAJ- 2002 -2436 (IP -MJD) Figure G -5. Mangrove restoration mitigation area proposed conditions m July 19, 2005 r,_ -_ An ..t .17 i �s - 0FFWM FLUCFCS LEGIM CODE 416E3 411 Pkw Ftwwoa. 416 Pkw Fk%modk. Grwahx id Undo" 412 A Popper 426 Tro&M Ftwdwoods — 416 E3 447 U- 0* 426 COWSP PMM set Stwrn Water Mwwpwnw t Lake e12 '416E3 411E 1 - " 617 Mend W45WW tfwdwood� 621 CWM 624 Pakn 636 stk.d Wed" Hrdwoo" 411E 1 COMM 624E3 ' 621E1 - ! 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Agenda Item No. 8B January 23, 2007 Page 80 of 260 Attachment B WATER QUALITY CERTIFICATION South Florida Water Management District Special Conditions 4 Pages .a+aw.i1 l.v. yy w-v V PAGE ggenc wlteen No. 8B January 23, 2007 Page 81 of 260 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface water management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment, erosion, and /or turbidity controls shall be subject to PAGE AgenO itegn No. 8B January 23, 2007 Page 82 of 260 District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 151, buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from PAGE A,gen0FItEBn No. 8B January 23;2007 Page 83 of 260 their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic vegetation removal and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and /or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E -4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (15001) zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be ' retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. rr.MMIT NU: 11- U114U-5 PAGE Agen�6 jl' n No. 8B January 23, 2007 Page 84 of 260 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are— hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. Agenda Item No. 8B January 23, 2007 Page 85 of 260 Attachment C Compensatory Mitigation Plan 14 pages ■ M 1 I 1t.Pm No. 8B - 23. 2007 Pad 86 of 260 ............ . ............ .............. ............ ............. LRA w►„o G CLUB L ' .................. ............... .................. ................. .............. CLUB ESTATES • �u • FW- I■�v i ■1►1 all �. 1C� Note: Base mop and mkigadon site Mrlormalbn received from AWM. barber & Brundage, fnc. and Cofer County Govenw neat WebsM. Figure G -1. Proposed mitigation site locations Collier County BOCC LAJI rr- SAJ -2002 -2436 ([P-MJD) July 19, 2005 Page 1 of 11 o z z+ La o S CL � O LL LL U 4 C c Vo A 8O 1 m 46 J CO N e0�p�1 C LL G l!J I n co V, 8 to 'Co O N�TtOtD� IYJ_NWo c nw� W i W O w V Jw 0 ti 1 m 1 'I N:ivi" 3v1 a i sr LU Q W W W U W s + + i L is W3 C or U W O - U- c m U- c E cm E W z cm a ) U 8 �' a a a a a • i t tm !�+ fA 4 m � a "' Q o rmrm � i ♦ a a i i, i i~ m i �aC .w i C Q ?+ ?a p G m 0 cn UJ 0 i !, i ♦ ♦ r i i i w i Q�p 0uJ„(0),�QID0 �t. -ve+� U � ,r a ♦ + i i i i, CmLLUMIT le 3 i ♦ �� i i a � ` ! f W a i i a a z O + � a + i r4z �- .� - ♦ + ! i a i i - 7 i i 1iV Jeeee--i � i VT o z z+ La o S CL � O LL LL U 4 C c Vo A 8O 1 m 46 J CO N e0�p�1 C LL G l!J I tiMN C4 C4 V, 8 to 'Co O N�TtOtD� IYJ_NWo c nw� .L L u 7 U p o C14 (D LD �p � T U C N o C.4 V— N ch L)gc4n�a 8 g g � $°M3 NA, l+1 z t- ..4000 � O LL Na*00ef:- tT° Dpp 4 a°.QPC14N � CO N � I tiMN C4 C4 o° Ch N�TtOtD� IYJ_NWo o W 't W O w V Jw 0 ti 1 m 1 U N:ivi" 3v1 X LU Q W W W U m W3 Q U .L L u 7 U p o C14 (D LD �p � T U C N o C.4 V— N ch L)gc4n�a 8 g g � $°M3 NA, l+1 D to m fA O .0 C 0 CD C m V l0 a Q O> C• co i a c !V m 7 _CR iz 0 t- ..4000 O LL Na*00ef:- tT° Dpp O a°.QPC14N � CO N ca � tiMN C4 C4 Ch N�TtOtD� IYJ_NWo o W 't W 4 w w U m W3 U W U U- c m U- c E cm E z cm a ) pQ tm !�+ fA 4 m � a "' Q o rmrm 4 1 8= to t ,� i~ m E �aC .w C Q ?+ ?a p G m 0 cn UJ 0 aC 0 0 m 0 n. w Q�p 0uJ„(0),�QID0 �t. -ve+� U vo CmLLUMIT le D to m fA O .0 C 0 CD C m V l0 a Q O> C• co i a c !V m 7 _CR iz Agenda Item No. 8B OFFSM FUJCFCS LEGEND CODE 416E3 . 411 Piny Fhdwoodr 416 Pbo PMtwoodik GrrnkwW - - .r 416E3. a? � 416E3 ; Lim Onk 426 Camp. Pwkn 612 MWWVA 612 Wood WadmrW Hwrdwoodi i 621 CyprMS �~ Wadmid Hardwoods - ' cordlars 624E3 621 E1 r 411E2 411E1 416E3• 630E2, ' - 743 .- '; 428E2 , : 428E2 427E 1 422- r. 426E1 617 E1 743 - -_ - (0.4) _ = — - 630E2-,° , PROPOSED ' _ — — — MITIGATION 514 AREA 612 _ 612 _ `! 411 514 '` "r T. MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT CODE ACRES % OF TOTAL 14 Drainage Canal 743 Spoil Areas 1.2 0.4 46.2% 15.4% �' Potential Other waters Wedend Outside the MWgation Area Figure G -3. Mangrove restoration area conditions Collier County BOCC LASI P SAJ -2002 -2436 (IP -MJD) July 19, 2005 Page 3 of 11 II xe E- i o 2 U- Q O 9 w ` z a L8ti 1- ON D o� 9c 0 N r to N O ko m to to c; i CO O cn Ch r- O 1ui:) 0$m a$� OwU. t - v 0Woao g° to c o W w Q w V m C 0 C C 8 W t= - N - Z mZ5 me a w a�i�� a ma xe E- i o 2 U- Q O 9 �, � ui 0 a L8ti 1- ON D o� 9c 0 N r to N O ko m to to c; i CO O N O r- O 1ui:) 0$m a$� OwU. t - v 0Woao a � C�J 31 11 23 �S�» Ego oII ti C w� JW Ca !> r Ym C U 0 CL L N N O 0- N N g a�i 5 a CL CC U- Q O 9 of e 0 1 1 ti t.% tv * q 0 a1C 0 N en m N r CO w V N O ko m to to c; i CO O N O r- O v N ¢ t g° to c o W w Q w V m C 0 C C COD a c o 0 o m o E $ Z CO) pz mZ5 me a w a�i�� a ma c�0 �z m Zi 0o iT c 4 1y c L w C W C N C m o H F Q m _C m a V...V EG.v�v� i1C to z T ti Q rocm a w a�wa� aw ® ►- CD J ti C w� JW Ca !> r Ym C U 0 CL L N N O 0- N N g a�i 5 a CL CC U- Q O 9 of e 0 1 1 ti t.% tv * q 0 a1C 0 N en m N O cn wW U to to co t t tV tri t+i N O r- O g° to c o w a a w V m COD ;� .• �°'o i5Z m m C c�0 �z m Zi 0o iT c m o, to pZ c a� to O ti Q rocm a w a�wa� aw ►- (?-i Ev a� E5 m W 3 w H 0SuErL 5a m =w ti C w� JW Ca !> r Ym C U 0 CL L N N O 0- N N g a�i 5 a CL CC Collier County 13A99rr�a Item No. 8B LASIP January 23, 2007 SAJ-2002-2436 (lP-x)90 of 260 July 19, 2005 W= n-WFCS LEGEW Page 5 of 11 FLUCFCS KNWA-T CODE 411 PkW 41693 416 P www"" 422 Bratifln Pq*m 426 Tmpkd I .416E3 427 L- 0'* 428 Cabbep Pakn 416E3 527 Skm WOW MWao~ L&M 612 MOVOM 411E 1 617 Mod V 421 Cyprus 04 cywsw-p�;* Pakn $30 Mbad W*1WW Hartmo" 411E1 4 4' 624E3 621EI 416E 411E2 416E2 63092 743 426E1 630E2 MITIGATION AREA 612 612 514 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF — CODE TOTAL *612 Mangrove Swamp 1.6 100.01, Kevin L. Erwin'" Consulting Ecologist, Inc. 2V►b&V4M6P0*AW FOt"O• P4dd• 33M PO)MMUS Wetland Outside Mitigation Area Surface Waters Outside Mitigation Area Figure G-5. Mangrove restoration mitigation area proposed conditions map Appendix G - Environmental Impacts And Proposed Mitigation Plans Table G3. Ten acre and 99f acre parcels existing vegetation summary Agenda Item No. 8B January 23, 2007 Page 91 of 260 10.1: Acre Parcel 99t Acre Parcel FLUCCS Code Habitat Acres Percent of Total Acres Percent of Total 321 Palmetto Prairie - - 2.2 2.2 411 Pine Flatwoods - - 17.7 17.8 416* Pine Flatwoods, Gtaminoid Understory 3.8 37.6 22.1 22.3 424* Melaleuca 2.7 26.7 56.6 57.1 621 * Cypress 2.3 22.8 - - 624* Cypress-Pine-Cabbage Palm 1.2 11.9 - - 743 Spoil Areas 0.1 1.0 - - 814 Roads and Highways - - 0.6 0.6 TOTAL 10.1 1 105 99.2 100.0 * Wetland Palmetto Prairie (FLUCCS Code 321) This upland community is dominated by a thick saw palmetto understory with widely scattered slash pines. Other plants present include bracken fern, grapevine; smilax, fetterbush, and pennyroyal. Pine Flatwoods (FLUCCS Code 411) This upland community type occurs as small islands scattered across the 99f -acre parcel. A canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it. Other plant species present include scattered live oak and cabbage palm, beautybeny, grapevine, winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also present in varying densities Pine Flatwoods. Graminoid Understory(FLUCCS Code 416) This transitional wetland community is the dominant wetland type in the eastern half of the 99f- acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid -story varies depending on the location but typically consists primarily of melaleuca, pine, and cypress saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present. The ground cover stratum varies depending on the density of melaleuca in the canopy and mid - story strata. In more open areas species such as swamp fern, little blue maidencane, yellow -eyed grass, Florida three -awn, saw - grass, and grapevine are present. In areas of dense exotics, ground cover consist primarily of bare ground / duff with scattered patches of the species listed above. Melaleuca (FLUCCS Code 424,) The majority of the western half of the 99f -acre parcel contains this highly disturbed wetland habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small patches of swamp fern. This area was probably historically either hydric pine flatwoods or a cypress — pine mix that has become dominated by this problematic exotic. Collier County BOCC LASIP SAJ- 2002 -2436 (IP -MJD) July 19, 2005 Page 6 of 11 Collier County BOCC LAS(pgenda Item No. 813 Appendix G: Environmental Impacts And Proposed Mitigation Plans SAJ- 20 *J -A4'D) July 19, 2003 C,Mress ( FLUCCS Code 621) Page 7 of 11 This wetland community is located on the l O k -acre parcel. Cypress dominates both the canopy and the mid -story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are also present. Melaleuca is common in the mid -story. The ground cover stratum is typically composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings. Cypress-Pine-Cabbage Palm ( FLUCCS Code 6241 Wetland areas in this category are also located on the l O± -acre parcel. These areas are vegetated by a mixture of slash pine and cypress. Melaleuca dominates the mid -story. Ground cover species include swamp fern, sawgrass, bealaysh, and wiregrass. In areas of dense exotics ground cover is primarily bare ground / melaleuca duff. mil Areas ( FLUCCS Code 743) This disturbed upland habitat is located along the south edge of the 10± -acre parcel. The berm is vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east property corner that allows surface water to drain from the wetlands to the north into the adjacent canal. Roads and Highways ( FLUCCS Code 814) A narrow strip of land that has been improved as part of the CR 951 expansion is located along the .east boundary of the 99t -acre parcel. This area consists of the sodded side slope of the road. The 1.6± acre mitigation area located at the downstream end of the existing Lely Canal channel consists of two FLUCCS Codes (Figure G.3). Each is described below. Drainage Canal and Ditches ( FLUCCS Code 514) This area is the existing excavated Lely Canal channel. It is primarily open water with a narrow fringe of Brazilian pepper and mangrove. mil Area ( FLUCCS Code 743) This upland area is the spoil berm / maintenance road associated with the canal. It is maintained on a periodic basis and is vegetated by a variety of weedy species. G.2.c Adjacent Land Uses Consideration of adjacent land uses is an important component is the design and placement of a successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable for both the 10f acre and 99± acre parcels and for the 2± -acre mangrove restoration area. The majority of the perimeter of the 10± acre and 99t acre parcels consist of existing wetland mitigation areas (Figure G.1). To the south of the 99± acre parcels is the 154± acre mitigation area for the Naples Lakes Country Club project. To the north is the 86f -acre mitigation area for The Club Estates. That mitigation area also forms the east boundary of the 10± -acre parcel. The north and west sides of the l0± acre parcel consists of the 261± acre mitigation area for the Naples Heritage Golf and Country Club project. The 1.6± acre mangrove restoration area has also been sited in an appropriate location (Figure G.3). To the west is a good quality tropical hardwood hammock, to the east and south are existing mangroves, and to the north is the proposed outfall spreader lake. While no development plans have been approved for the surrounding property, given the location of the Appendix G: Environmental Impacts And Proposed Mitigation Plans LASIP sAJ -2060_� t�F-- ' July 19, 2QU5age 93 of 260 Paae 8of11 spreader lake and the quality of the adjacent habitats it is unlikely that future development would be permitted immediately adjacent to the proposed mangrove restoration site. G.2.d Wetland Mitigation Plan The enhancement proposed for the l O+ acre and 99+ acre parcels is similar in nature and will discussed together. The activities proposed at the 1.6t acre site are substantially different and will therefore be discussed separately. 10+ Acre and 99+ Acre Parcels The mitigation proposed on these lands is the enhancement of wetlands via hydrologic improvements, exotic species control and native plant establishment, and the preservation of 'existing native uplands. The implementation of this component of the mitigation plan will result in the enhancement of 14.8+ acres of cypress, 49.5+ acres of cypress — pine, and 24.3E acres of hydric pine flatwoods and the enhancement and preservation of 19.91 acres of native uplands on the two parcels. Each aspect of the plan is described below. The wetlands are currently drained via a breach in the berm along the north side of a canal that forms the south and west boundaries of the mitigati on sites (Figure G.2). This breach is approximately 10 feet wide and is lower than the natural grade of the adjacent wetland. This allows the canal to directly drain surface water from these wetlands. Since the canal doesn't connect to anything water levels in the canal and therefore the adjacent wetlands are currently controlled by adjacent ground surfaces at elevation 9+ NGVD. As described in the Region 7 narrative, the improvements to the canal system in this area consists of improving the existing berm (to prevent over topping and minimize subsurface flows to the extent practicable) and replacing the existing breach with a gated weir. The weir has been set at the existing seasonal high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This control elevation is compatible with the existing wetland mitigation areas to the east, north, and west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on the 10f acre and 99+ acre parcels, it will also positively affect the hydrology of the surrounding conservation lands. Significant portions of both properties have become dominated by exotic species, primarily melaleuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non - target native vegetation and disturbance to the soil. In areas with less than 50 percent cover by exotics, the exotics will be removed by hand. Exotic trees. will be cut just above natural grade and the stump treated with an appropriate herbicide. Treatment will occur within one hour of cutting to ensure maximum uptake of the herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Herbicides will be used in strict accordance with label directions by trained applicators. Care will be taken to reduce damage to non - target native species to the maximum extent practical. Treatment of exotics will also occur in the native upland communities on the 99+ -acre parcel. Once the exotics have been treated the wetlands will be planted, as needed, by native species. Based on available information, a conceptual planting plan has been prepared (Figure G.4). The most deeply inundated portions of the site will be planted with cypress. The transitional areas Appendix G: Environmental Impacts And Proposed Mitigation Plans LASIP SAJ -20�V�p#N July 19, 2 e 94 of 260 P e9Of 111 will be planted with slash pine. Intermediate elevations will be planted by a mix of cypress and pine. Prior to planting, additional topographic information will be obtained. This information and the distribution of existing native vegetation will be used to fine -tune the planting plan. The trees will be container grown, three feet in height, and planted in a random pattern at densities of 200 trees per acre. In areas where live native trees are present, those trees will count towards the required planting density. Ground cover species will be installed at densities of 4,840 plants per acre in areas that contain less than 33 percent cover by native ground cover species following exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will be based upon site- specific conditions and on plant material availability at the time of planting. l&± Acre Many-rove Restoration Site The portion of the existing Lely Canal and associated maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize the substrate. Mangroves will become established in the area via natural recruitment from the surrounding mangrove system. If, after two growing seasons mangroves do not become established, then mangroves will be planted_ A WRAP analysis has also been conducted to determine the amount of increase in wetland function and value associated with the restoration plan (Table G.5). This analysis indicates that the mitigation areas will contain 82.81 functional units at the successful completion of the mitigation program. The existing condition WRAP analysis (Table GA) documents that 48.81 fimctional units currently exist on the three sites. Therefore, the proposed wetland mitigation plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) — 48.81 (existing) = 34.0 functional units produced). Appendix G: Environmental Impacts And Proposed Mitigation Plans G.2.e Wetland Mitigation Maintenance Plan L ounty 80cc nda Item No. 8B 1 r6E ?6 ") 2 e o of 11 A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and native plant installation. For the first two years following the initial treatment each mitigation area will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second year, inspections and treatments will be conducted annually during the dry season. G.21 Wetland Mitigation Monitoring Plan The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of time -zero monitoring and annual monitoring of vegetation. The time -zero report will document the conditions immediately following wetland restoration (i.e., exotic removal and restoration area plantings). The annual reports will document the extent of success of the project and, if needed, identify specific actions to betaken to improve conditions within the project area. Sampling stations and methodology of data collection will remain the same for all monitoring events. G.21(1) Vegetation Monitoring The vegetation within the wetlands will be monitored using the line intercept methodology. A 300.+ feet long transect will be established in representative portions of each wetland area. A measuring tape.will be stretched along the transect and the plants occurring directly below (ground cover) and above (mid -story and canopy) the tape will be recorded at 3f feet intervals along the transect. Ground cover species include woody vegetation less than three feet in height and all non -woody plants. Mid - story vegetation consists of all woody plants greater than three feet in height and less than 4 inches DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and open sky will also be recorded in this manner. The resulting data will be used to calculate percent cover of the three strata. G.21(2) Wildlife Monitoring Regular observations of fish and wildlife will be made during all monitoring events by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sighting, vocalization, nests, tracks, droppings, etc.). G.21(3) Photographic Documentation Permanent fixed -point photograph stations will be established in each of the monitored areas thereby providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program G.2.f(4) Rainfall and Staff Gauge Recordings A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be recorded twice a month during the wet season (June — September) and once a month during the dry season (October — May). A rain gauge will also be established in the vicinity of the two freshwater sites. The mangrove restoration area is tidally influenced, Therefore staff gauge and rainfall data is not required for this component of the mitigation plan. Agenda Item No. 8B January 23, 2007 Page 96 of 260 Lely Area Stormwater Improvement Project Mitigation Plan Schedule Parcel Information Parcel Nurnber Mffigalon Area 1 2 3 Mitigation Area Size acres 10.1 99.0 1.6 Mitigation Description Enodc V". Removal Replant V Mh Neon E- 11 Vea, Remov* Replant NOwe Spedw Reprade to Match &wwAu V Mwown Area. Repko wlh Cwdp- Scheduled Acdvlty Com letlonf8ulmni tal Dates Initial Exotic Species Removal Parcells 1 and 2 Dec. 31 2006 Dec. 31 2006 WA Regrading Paroel3 WA WA Dec. 312007 NativelS PI June 30 2007 June 30 2007 June 30 2008 Time Zero Monitoring Report submMed Maintenance Plan Initiated July 31 2007 July 31 2007 July 31 2008 First Monitoring Report July 31 2008 July 31 2008 July 31 2009 2nd Monitoring Report July 31 2009 July 31 2009 July 31 2010 3rd Monitoring Report July 31 2010 July 31 2010 July 31 2011 Area 1 and 2 Canal Improvements and Control Structure Instalation Dec. 31 2010 Dec. 31 2010 WA 4th Monitoring Report July 31 2011 July 31 2011 July 31 2012 5th Monitoring Report Oast) July 31 2012 1 July 31 2012 1 July 31 2013 Prepared by Collier County Stormwaier DepL 7/22105 Collier County BOCC L.ASIP SAJ- 2003 -10680 (IP -MJD) July 19, 2005 Dino 9'I of f+ / - SOUT.. FLORIDA WAFER MANAGEMENT i .STRICT Agenda Item No. 8B January 23, 2007 ENVIRONMENTAIL RESOURCE Page 97 of 260 PERMIT MODIFICATION VO. 11- 01140 -5 DATE ISSUED: OCTOBER 13, 2004 FORM OnS7 Ray. ow PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (WMD 6 LELY AND LELY MANOR) 3301 TAMIIIMI TRAIL EAST. NAPLES, FL 34112 ORIGINAL PERMIT ISSUED: SEPTEMBER 9, 1993 ORIGINAL PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION APPROVAL FOR A SURFACE WATER MANAGMENT SYSTEM TO SERVE 8300 ACR DISCHARGING TO PERIWINKLE 13AYANTERCOASTAL WATERWAY AND SANDHILL BAY. APPROVED MODIFICATION: CONSTRUCTION AND OPERATION AUTHORIZATION OF AN ENVIRONMENTAL RESOURCE PERMIT FOR WMD6 LELY AND LELY MANOR TO INCLUDE A SURFACE WATER MANAGEMENT SYSTEM SERVING THE 239.7 ACRE PHASE I OF THE SURFACE WATER MANAGEMENT SYSTEM, WETLAND IMPACTS, AND MITIGATION OF THE PROJECT WITH DISCHARGE INTO WATERS OF DOLLAR BAY AND ROOKERY BAY AND CONCEPTUAL APPROVAL FOR THE REMAINING 89.7 ACRES OF THE 329.4 ACRE PROJECT. PROJECT LbCATION: COLLIER COUNTY, SECTION 3- 10,15 - 25,29 -31,36 TWP 50S RGE 26E _ - PERMIT DURATION: See Special Condition No. 1. See attached Rule 40E- 4.321, Florida Administrative Code. This Permit Modification is approved pursuant to Application No. 980828 -1, dated August 28, 1998. Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of any activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373, Part IV Florida Statutes(F.S.), and the Operating Agreement Concerning Regulation Under Part IV, Chapter 373 F.S. between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with state water quality standards where necessary pursuant to Section 401, Public Law 92 -500, 33 USC Section 1341, unless this Permit is issued pursuant to the net improvement provisions of Subsections 373.414(1)(b), F.S., or as otherwise stated herein. This Permit Modification may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E- 4.351(1), (2), and (4), Florida Administrative Code (F.A.C.). Ibis Permit Modification may be transferred pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E- 1.6107(1) and (2), and 40E- 4.351(1), (2), and (4), F.A.C. All specifications and special and limiting /general conditions attendant to the original Permit,unless specifically rescinded by this or previous modifications, remain in effect. This Permit Modification shall be subject to the General Conditions set forth in Rule 40E- 4.381, F.A.C., unless waived or modified by the Governing Board. The Application, and Environmental Resource Permit Staff Review Summary of the Application, including all conditio: and all plans and specifications incorporated by reference, are a part of this Permit Modification. All activities authorized by this Permit Modification shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated in the Environmental Resource Permit Staff Review Summary. Within 30 days after completion of construction of the permitting activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E -4.361 and 40E- 4.381, F.A.C. In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer is approved by the District pursuant to Rule 40E- 1.6107, F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 - 5 OF 1 (29 SPECIAL CONDITIONS). SEE PAGES 6 - 8 OF 1 (19 GENERAL CONDITIONS). PERMIT MODIFICATION APPROVED BY THE GOVERNING BOARD OF THE SOUTH LORIDA WATER MANAGEMENT DISTRICT FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON �y""N1% B V, l(C� �G ACTING DISTRICT CLERK PUTY CLERK �'�►�'O PAGE 1 OF 1 SEAL - - -- r 04a 4% a PUDZ -A- 2006 -AR- 9021 +llbllrlbla ,��s' PROJECT #2006040027 DATE: 4/25/06 • HEIDI WILLIAMS PERMIT N6gendpllT Nco-S§ PAGE 2 OF Rge 23, 2207 P e 98 of 260 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface rater management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. Thg permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation.of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and �ct tto a ti^ , of the S ^d --mcn �, 2� .�� n, and/or turbidity controls --hal l he sub,--,-- PERMIT N %endPf�RW8§ PAGE 3 dgnLigary 23, 2007 Page 99 of 260 District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from PERMIT Nendttk -8�3 PAGE 4 O nary 23, 2007 Cage 100 of 260 their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic vegetation removal and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. _ 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and /or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E -4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos_ 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. PERMIT N %endlJrfA�108.-IB PAGE 5 04pnt8ary 23, 2007 Page 101 of 260 26. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. PERMIT N h;gend4ttP4-1,'49. -§3 PAGE 6 - i-Ingary 23, 2007 Page 102 of 260 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F. S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0681A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved PERMIT Noigen(44aP;1M -�Ft PAGE 7 O#angary 23, 2007 Page 103 of 260 drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, -the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. PERMIT NWgend1a1ftP ;k49.-�% PAGE 8 0jant@ary 23, 2007 Page 104 of 260 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages,_ cl §ims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized --by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. tit.ht hhgti. -a Agenda Item No. 8B January 23, 2007 SOUTH FLioRIDA WATER MANAGEMENT DISTRICT Page 105 of 260 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800 -432 -2045 • TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Pabn Beach, FL 33416 -4680 • w%rwsfwmd.gov RECEIVED October 12, 2004 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Subject: Appplication No. 980828 -1, WMD 6 Lely and Lely Manor Collier County, S3- 10,15- 25,29- 31,36/T50S/R26E OCT 14 2004 STORMWATER MGMT. Enclosed is a copy of the South Florida Water Management District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on Wednesday, October 13, fo 2004. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights ") to: Elizabeth Veguilla, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 -4680 The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I IJEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 12 day of October, 2004 in accordance with Section 120.60 (3), Florida Statutes. Sincerely, Damon Meiers, P.E., Deputy Director Environmental Resource Regulation Department DM /gh CERTIFIED #7002 3150 0003 3738 9405 RETURN RECEIPT REQUESTED GOVERNING BOARD EXEcu -riyE OFFICE Nicolas 1. Gutierrez, Jr., Esq., Chair Michael Collins Kevin McCarty Henry Dean, F— recrlti2M Dirertor Pamela Brooks - Thomas, Vice -Chair Hugh M. English Harkley R. Thornton Lrela M. Bague Lennart E. Lindahl, P.E. Trudi K. 1A'ilhams, P.E Agenda Item No. 813 January 23, 2007 Page 106 of 260 NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or S. 120.68; shall indicate 'the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights, Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's ( SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla, Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitiong miigt glihGtantially rornpiv with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications - for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within P days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a, or b. above. - e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28- 107.005 and 40E- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: if the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla, Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a p�ttitinn rnaane that the SF�n MD's final !3 tinn may bE different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August, 2000 any such final decision of the SFWMD shall have, pursuant to Rule 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing'. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may fife with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other .parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must fie with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected, If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15" Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any storrnwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. Agenda Item No. 813 January 23, 2007 Page 107 of 260 DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no .later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specif ic use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may fife a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28- 106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised August: 2000 publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial. interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement, If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin, Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify ail parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of falmess (as those terms are defined in Subsection 120.542(2), Fla. Stat,) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; Agenda Item No. 8B January 23, 2007 Page 108 of 260 (c) The name, address telephone number and any facsimile number of the attorney or qualifier representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla, Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than• the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28- 106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Rev!sed August, 2000 28-106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, If known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course Df the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42 -2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) in any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373; F.S., or rules duly adopted thereunder; Agenda Item No. 8B January 23, 2007 Page 109 of 260 (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) if review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) the 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120,60, F.S. 40E -1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Revised August, 2000 Aaenda Item No. 813 January 23, 2007 Page 110 of 260 Last Date For Agency Action: 14 -OCT -2004 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Wmd 6 Lely And Lely Manor Permit No.: 11-01140-S Application No.: 980828 -1 Associated File: 030317 -24 WU Application Type: Environmental Resource (Conceptual Approval And Construction /Operation Modification) Location: Collier County, S3- 10,15 - 25,29- 31,36/T50S/R26E Permittee : Collier County Board Of County Commissioners Operating Entity : Board Of County Commissioners Project Area: 329.4 acres Project Land Use: Government Drainage Basin: WEST COLLIER Receiving Body: Dollar Bay and Rookery Bay via wetlands Special Drainage District: NA Total Acres Wetland Onsite: 130.60 Total Acres Wetland Preserved Onsite: 91.60 Total Acres Impacted Onsite : 40.60 Total Acres Presv /Mit Compensation Onsite: 111.70 Conservation Easement To District : Yes Sovereign Submerged Lands: No DRAFT Subject to Gownmg Board A�tpt�oral Sub Basin: LELY CANAL DISTRICT 6 Class: OFW PROjE:CT -PURPOSE: This application requests Construction Authorization of an Environmental Resource Permit for a 239.7 acre project, part of the Lely Area Stormwater Improvement Project (LASIP) f.k.a. WMD6 Lely and Lely Manor, to include Phase One for portions of the surface water management system, wetland impacts, and mitigation as shown on Exhibit 2.54 with discharge into waters of Dollar Bay and Rookery Bay. In addition, this application requests Conceptual Authorization for the remaining 89.7 acres of total 329.4 acre LASIP project to include system improvements, wetland impacts and mitigation, serving an 11,135 acre area of Collier County known as the Lely Area Stormwater Improvement Project (LASIP) f.k.a. WMD6 Lely and Lely Manor as shown on Exhibit 2.01. App.no.: 980828 -1 Page 1 of 18 Agenda Item No. 813 January 23, 2007 Page 111 of 260 PROJECT EVALUATION: The LASIP drainage area is generally bounded by Radio Road on the north, Collier Boulevard (C.R.951) on the east, Wetlands of Dollar Bay and Rookery Bay on the South, and a FPL Transmission facility and Haldeman Creek on the west. A location map is provided as Exhibit 1. Two basins comprise the LASIP drainage area, consisting of the Lely Canal Basin (LCB) in the westerly portion of the area and1he Leiy Manor Basin (LMB) in the easterly portion of the area. The Lely Canal Basin discharges into an estuarine coastal zone along the intracoastal waterway near Dollar Bay. The Lsly Manor Basin discharges into an estuarine coastal zone near the headwaters of Sandhlll Bay and eventually into Rookery Bay. Exhibit 2.01 of the project plans provides locations of the seven regions which the project is broken into. Regions 1 through 3 constitute the Lely Canal Basin, Region 4 is a tributary to the Lely Canal Basin, the Lely Branch, and Regions 5 through 7 are divisions of the Lely Manor Basin. Land uses within the regions were identified and wetland areas delineated. Wetland jurisdictional determinations were completed with District and Corps staff in specific basins only. Detailed mapping /surveying of the wetlands beyond what is approved under Phase i will need to be conducted and approved by District staff prior to the approval of additional construction Phases. Each subsequent construction phase will need to clearly delineate the project boundaries, identify the wetlands /other surface waters to be impacted, and have the wetland lines surveyed and approved by District staff. Land uses and wetlands are identified within Exhibits 3,4 and 10. There are a total of 40.6 acres of wetlands that will be adversly affected by the proposed project. These areas have been included within the construction phase of the project along with the mitigation areas. MR ,r AARPR, EJECT: The LASIP project includes a system of conveyances, control structures, and spreader lakes and berms to provide a comprehensive outfali system for the LASIP area to alleviate flooding impacts. The LASIP area (formerly known as Water Management District # 6) has for years experienced flooding pressures as development in the area continues. Several alternatives were reviewed including a complete Alternatives Analysis, included with the permit file. The following is a general description of the recommended alternative within each of the two basins to mitigate the flooding hazard while preventing over drainage from occurring. Lely Canal Basin - The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then west, parallel to Rattlesnake Hammock Road, then south again and through the bridges at U.S. 41 and south until it discharges into an estuarine coastal zone along the Intracoastal waterway near Dollar Bay. There are no existing weirs in the "Main" Canal. The flow capacity of the canal and structures in the "Main" Canal upstream of the U.S. 41 bridges will be increased via reductions in head loss to maintain and improve flood protection. At the downstream discharge of the "Main" Canal a spreader lake with a control berm elevation of 2.5' NGVD will be constructed to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. South of Rattiesnake- Hammock Road a weir will be constructed at Doral Circle to raise the normal stage elevation to 4.0' NGVD to eliminate existing over drainage. This weir will help extend the existing wetland hydroperiods, The "Main" Canal system will be extended upstream using the storm -water management system of the Royal Wood Development. A network of smaller canals, weirs and swales will provide flood relief without over draining existing wetlands. One new canal system will be extended from the northeast comer of Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this canal to maintain water levels in the wetland areas and to allow flows to continue to pass through a historic slough lying in a north east to south west direction, across Cope Lane, Country Road and Whitaker Road. Weir elevations were established using existing average wet season water table elevations within App.no.: 98DB28 -1 Page 2 of 18 Agenda item No. 8B January 23, 2007 Page 112 of 260 the upstream wetlands. Tailwater elevations created by the closed weirs were reviewed to insure wetland areas remain inundated during the wet season, while the closed weirs help lengthen the wetland hydroperiods by reversing the existing drainage conditions. Swale improvements along Cope Lane, Country Road and Whitaker Road will provide lateral distribution of excess flow into the proposed canal. Water levels in these swales will also be maintained by the downstream weir control elevations. The weir structures have gates to allow lowering water levels if needed after or in preparation for a major storm event. Also, an east to west canal will collect part of the drainage from the area along Sandy Lane. This canal will also provide a cross -basin connection that will normally be closed, but in special emergency situations can be opened to allow interconnection of the Lely Canal Basin and the Lely Manor Basin systems. A culvert and canal system will also extend from the northwest corner of Royal Wood up to Whitaker Road. It will provide added capacity for the downstream end of the slough and the area between Royal Wood and Whitaker. A tributary called the "Branch" joins the Lely "Main" Canal a short distance upstream of the U.S: 41 bridge and east of the intersection of U.S. 41 and Rattlesnake Hammock Road. The `Branch" provides drainage for the developed area along the FPL right -of -way north of Rattlesnake Hammock Road, the areas surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the developments along the north side of Davis Boulevard. The capacity of the "Branch" will be increased downstream of Loch Louise, the Loch Louise weir wll be reconstructed and a new weir constructed at the northern end of the existing triple box culverts under Davis Blvd., and the collection system extended along the north side of Davis Boulevard to its full planned length east of Santa Barbara Blvd. The project along the "Branch" system also includes constructing a weir structure at the intersection of the Haldeman Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a storm drain. Elsewhere in the Lely "Main" Canal system, improvements associated with two road projects, Rattlesnake Hammock Road (existing) and County Barn Road (future project), will have stormwater improvement features either constructed or made active. The majority of wetland impacts are related to modifications involving widening and deepening existing canals to increase flow capacities. However, there are some areas where new canal and swale construction will create new wetland impacts. The capacity of the Lely "Main" Canal downstream of U.S. 41 is to be increased and head loss reduced to maintain flood protection by excavating a larger cross section and constructing an outlet spreader lake designed to flow into existing wetlands immediately to the south, west and east of the canal. Wetlands will be impacted by this construction, but impacts are offset by the improved flow conditions into the existing receiving estuarine wetland area. Leiy Manor Canal - The Lely Manor "Main" Canal collects storm water from within the Naples Manor subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor subdivision. Storm water then flows west to the U.S. 41 culvert, which discharges into a wide canal oriented east to west, eventually discharging into a large fresh water marsh. The lower portion of the Manor "Main" Canal begins south of the marsh and discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually Rookery Bay. A number of smaller canals provide internal drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Storm water in the road ditch flows through three additional culverts, to the south, and then to the west to the lower main canal. Capacity of the main canal will be increased downstream of U.S. 41 to provide flood relief for upstream areas. Additionally, a weir will be constructed to prevent over drainage of the large wetland marsh and a spreader lake will be constructed to prevent over drainage while eliminating the current problem of a freshwater point discharge. A new north /south canal system will also be created roughly along the east side of Sections 30 and 31 of Township 50 South Range 26 East (identified in the plan under Phase 1 construction as the main outfall for Reaion 5 East). The existing canals that currently divide an historic slough /flowway will be abandoned (by future development plans of the land owner), a pump station will be App.no.: 980828 -1 Page 3 of 18 Agenda Item No. 813 January 23, 2007 Page 113 of 260 installed to re- hydrate the slough, capacity improvement will be made to the existing canals extending from - U.S. 41; and a new discharge point will be created by constructing a spreader lake adjacent to another wetland flowway system that has been out off from historic sheet flow for many years. Elements of these improvements are included in this application for Construction and operation authorization and are being implemented in conjunction with the Construction and Operation authorization of Permit No. 11- 02324-P / Application No. 030509 -7. Capacity improvements to the north perimeter canal of Naples Manor upstream of U.S. 41 include constructing a weir at Warren Street to reduce current over drainage impacts to adjacent wetlands. Additional, capacity improvements will be made to the canal along the north side of U.S. 41 to allow for lateral distribution of stiormwater to all the culverts crossing beneath U.S. 41. For safety and capacity reasons, one existing channel within the Naples Manor subdivision will be enclosed in a pipe. Upstream of the Napiies Manor subdivision, the southern end of the existing Rattlesnake- Hammock slough will be bermed and a discharge weir constructed to prevent current over drainage into the north perimeter ditch of the Naples Manor subdivision. North of Rattlesnake- Hammock Road the existing piecemeal system of diitches will be modified to create a manageable stormwater system. Strategically located culverts, weirs„ and channel improvements will direct stormwater flow exiting remnants of the northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide flood protection and maintain the hydroperiod of adjacent wetlands. A major component of this reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the Lely Manor Basin canali system. The areas of wetland impact are at and near spreader lakes discharge point, the wide main canal south of U.S. 41 and the lower main canal, the new Region 5 East outfall canal, areas near the County's South County Water Reclamation Facility, and areas around the Wing South Airpark. These impacts are minimized by the installation of weirs to maintain water levels and to promote replenishment of existing wetland areas in the lower and upper parts of this basin. A weir is proposed at the upper end of the lower main canal to maintain, water levels in the fresh water marsh. A weir is also included north of the Wing South Airpark to mairVAain water levels in the extensive wetland preserve areas of developments to the north. The majority of wetfalnd impacts are related to modifications involving excavating existing canals. However, there are some areas where new canal and spreader lake construction will create new wetland impacts. This application, includes construction and operation authorization for portions of Region 2 within the Lely Canal Basin and Region 5 East within the Lely Manor Basin, as depicted on Exhibit 2.54 and detailed in Exhibits 2.55 through 2.94. Specific improvements include channel improvements within the Lely "Main" Canal extending from U.S. 41(STA 85 +81) northward to Rattlesnake Hammock Road (STA 105 +24.80) and within the "Branch" from Rattlesnake Hammock Road (STA 6 +00) north to STA 58 +67.58. Improvements within. Region 5E include constructing the Lely Lakes East outfall from U.S. 41 (STA 79 +41.30) southward to STA 7 +91.30, and include the Lely Manor Canal spreader lake. Approximately 11.8 acres of Other Surface Waters and 19.2 acres of wetlands will be impacted by the Phase 1 construction:. Phase 1 construction impacts are shown on Exhibits 4a through 4c included in Appendix F of the permit application. ,. t`i�'...-l�..A�ti CUP !,'.�"w; App.no.: 980828 -1 Page 4 of 18 Agenda item No. 8B January 23, 2007 Pane 114 of 260 Conceptual: Area (ac) Project Area Water Mgnt Acreage 205.78 Preserved 110.1 Pervious 13.52 Construction: Project: Total: 329.4 This Phase Pervious 87.60 acres Preserved 110.10 acres Water Mgnt Acreage 42.00 acres Total: 239.70 The Lely Main Canal Basin discharges via a spreader lake at the terminus of the main canal LCB -00- 00003. The Lely Manor Canal Basin discharges via spreader lakes at the terminus of main canals LMB- 00 -00001 and LMB- 01- C0005. The combined discharge for all three canals is 1,509 cfs, which equates to 86.7 CSM, for the drainage area served by the LASIP system and meets allowable discharge rate of 0.15 cfslacre in accordance with Collier County Ordnance 90 -10. This compares with the pre - development discharge rate of 1,105 cfs. The two Lely Manor outf all canals and spreader lakes are connected together by the large channel section along the east side of US 41. Therefore, the two flows are combined to comprise the total flow out of the Lely Manor Basin. The two outfall systems function as parallel channels. tD�ischarg�e{ structures will be in accordance with the information provided in Exhibit 11 a - 11 i. r..r _aim s, .. �...z� . w `."••w#'4 Water quality structures will be in accordance with Exhibits 11a - 11i. In addition, an Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality for all phases of the project. Construction and daily operation of the project shall be conducted in accordance with Special Condition Nos. 24 - 26 and Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 which are incorporated by reference and shall be retained in the permit file. In addition, potential water quality impacts related to erosion and sedimentation will be controlled in accordance with the current edition of the FDOTs Standard Specifications for Road and Bridge Construction. In addition, a project- specific Stormwater pollution Prevention Plan (PPP) will be prepared and implemented during each phase of the construction. No adverse water quality impacts are anticipated as a result of the proposed project. Lely Main Basin App.no.: 980828 -1 Page 5 of 18 Agenda Item No. 813 January 23, 2007 Page 115 of 260 Region.1 This basin contains the Main Lely Canal south of U.S. 41. A natural upland ridge separates the canal from a large freshwater swamp /marsh mosaic marsh located east of the canal. Wetland jurisdictionals have been completed with the SFWMD and COE staff. Region 2 Located within the central portion of the Lely Canal Basin, the majority of this region has been developed as residential and golf course communities. Wetland delineations have been completed for lands within the C &O phase of this application. Region 3 This region represents the northern limits of the Lely Canal Basin and includes areas primarily developed with single - family residences. A historic fiowway is located within this region. Although land uses have been delineated, no jurisdictionai determinations have been completed. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Region 4 This region represents a tributary system, the Lely Branch, which drains lands in the vicinity of Davis Boulevard, into the Lely Canal Basin. Lands within this region are primarily developed as residential, roadways and open water. Two undeveloped areas remain within the basin. Wetland jurisdictional determinations have not been completed. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Lely Manor Basin Region 5 Regions 5W and 5E are located within the Leiy Manor Basin. Coastal habitats are located to the south and agricultural land is to the east. Region 5 discharges to Rookery Bay, an Outstanding Florida Water. Land uses have been delineated for this region and are shown on the project plans. A large freshwater swamp /marsh is located within the region and represents the key hydrologic component in the area. This marsh currently receives water from an existing east -west canal which receives drainage via a culvert beneath U.S. 41. Region 6 This region includes developed areas located within Lely Golf Estates and Naples Manor subdivision in addition to some smaller residential developments. With the exception of one wetland located north of the northeast corner of Naples Manor, this basin is developed. Region 7 This region includes lands extending from Naples Manor northward to the intersection of Davis Boulevard and CR 951. Essentially the basin is comprised of 3 parts. This region contains a significant wetland slough system, much of which has been preserved in recent permits. Wetland delineations have been completed by others for those areas located within existing permits. A formal wetland determination will be completed for this project at the time of application for construction in this region. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Wetland Impacts: Approximately 4f.6 acres of wetlands will be impacted by the proposed improvements. Wetland impacts are directly related to the widening of existing canals and drainage swales, installation of new weir App.no.: 980828 -1 Page 6 of 18 Agenda Item No. 8B January 23, 2007 Page 116 of 260 structures, and the excavation of one new canal. Secondary wetland impacts have been avoided through the incorporation of operable weir structures within the drainage canals set at elevations comparable to existing wet season water table elevations within the adjacent wetlands. Incorporation of these weirs into the project design will help extend the wetland hydroperiods at the end of the wet season, prevent overdrying as the dry season extends, and trap the first rains as the wet'season begins. Hydrographs were produced based on a 5 year /24 hour storm event for the various basins that demonstrated wetland hydroperiods will be maintained and/or lengthened for that storm event. Drawdown discussions associated with the drainage improvements for each basin is included within Appendix E of the permit application. Approximately 60 acres of Other Surface Waters, consisting primarily of existing drainage canals, ditches and swales, will be affected by the overall project. These waters will not be permanently impacted nor will wetland functions be lost due to these impacts. The following table provides the breakdown of wetland and other surface water impacts by region. To minimize impacts to downstream receiving waters, and associated wetlands, spreader lakes will b constructed at the southern end of the Lely Main Canal and the Lely Manor Canal. The Lely Main Spreader Lake will measure approximately 9.6 acres and will extend across the existing canal, approximately 700 feet upstream of the existing canal terminus. The 700 ft. of canal will be backfilled and regraded to match the adjacent wetland (mangrove) elevations. The proposed spreader lake was, located in an area where wetland impacts could be minimized. Approximately 7.1 acres of wetland impact and 4.4 acres of other surface water impacts will occur as a result of the lake construction. Impacts are confined to primarily Brazilian pepper and Hydric Pine flatwoods. The Lely Manor Spreader lake measures approximately 11 acres and is located at the canal terminus in Section 36. Construction of this lake will result in approximately 3.7 acres of impacts to Hydric Pine flatwoods. Wetland impacts are depicted on Exhibits 3 and 4 and are contained in Appendix F of the permit application. The proposed construction Phase I of this application includes all of the proposed impacts to wetlands and other surface waters, and implementation of the mitigation activities. The drainage improvements associated with Phase I are limited to portions of Regions 2, and 5E. Approximately 8.9 acres of OSWs will be impacted by the proposed construction in Region 1, 2 and 3. An additional 2.9 acres of OSWs and 10.6 acres of wetlands will be impacted by the proposed construction in region 5E. Of the total Region 5E impacts, approximately 8.6 acres of the wetland impacts are located within the boundaries of the Lely Lakes proposed development. Phase 1 construction impacts are shown on Exhibit 4 and are included in Appendix F of the permit application. Mitigation Proposal: The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetlands functions in areas proposed for impacts. A summary table of WRAP scores can be found in Appendix G of the permit application. Using WRAP, it was determined that the 40 acres contained within the construction area represents 25.85 functional units. Mitigation opportunities are limited in the southern and central portions of the LASIP project area due to existing developments, real estate prices, and lack of willing sellers. Collier County pursued the purchase of two separate parcels of land, measuring 10.1 acres (Section 9, Township 50 South, Range 26 East) and 99.2 acres (Section 15, Township 50 South, Range 26 East). Both parcels are contiguous to existing mitigation areas (Exhibit 5). Land Use descriptions and vegetation summaries are located within Appendix G of the permit application. Each parcel was mapped and evaluated using WRAP. Exhibit 6 provides FLUCCS maps and WRAP scores for the mitigation parcels. Based on the completed WRAP analysis, the proposed mitigation areas provide 48.81 functional units in the pre - enhancement condition. Proposed mitigation within both parcels will consist of hydrologic improvements, exotic species removal and control combined with replanting efforts, and preservation of native uplands. Within the 10.1 acre parcel, 2.6 acres of cypress enhancement, 3.5 acres of cypress -pine enhancement , and 3.8 acres of hydric pine flatwoods enhancement will be completed. In addition, .2 acres of an existing water management berm will remain undisturbed. Within the 99,2 acre parcel, enhancement of 12.2 acres of cypress, 46.0 acres of cypress -pine wetland, and 20.5 acres of hydric pine flatwoods is proposed. In App.no.: 980828 -1 Page 7 of 18 Agenda Item No. 813 January 23, 2007 Page 117 of 260 addition, 19.9 acres of native uplands will be preserved and enhanced and .6 acres within the road right - of-way will remain undisturbed. The existing wetlands are currently drained-via a breach between the"wetlands and an adjacent canal. This breach provides a direct connection to the canal which serves to funnel surface water away from the wetland. The proposed LASIP improvements include improvements to the existing canal berm combined with construction of a permanent weir at the breach location. Both mitigation parcels are dominated with exotic species, primarily melaleuca. In areas of greater than 50% cover by exotics, the melaleuca will be controlled via either mechanical clearing or hand cutting. In areas of less than 50% cover by exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade and the stump treated with an appropriate herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Treatment of exotics will also occur within the native upland communities. Once the exotics have been treated and/or removed, the wetlands will be planted as needed with native species. A conceptual planting plan is included in Exhibit 6. Deeper portions of the sites will be planted with cypress and transitional areas will be planted with slash pine. Intermediate elevations will be planted with a mix of cypress and slash pine. Trees will be container grown, 6 in height, and planted in random patterns at densities of 200 trees per acre. Ground cover species will be planted at densities of 4,840 plants per acre in areas that contain less than 33% cover by native ground cover species following exotic treatment. In addition to enhancement activities within the 10.1 acre and 99.2 acre sites, mangrove restoration activities will occur within a 1.6 acres area adjacent to the Lely Main Canal. In this area a portion of the canal and the adjacent maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast. The area will be planted with salt marsh cordgrass to stabilize the substrate. Mangrove plantings are not proposed and it is assumed the areas will revegetate via natural recruitment. If mangroves do not become established after two growing seasons, mangrove planting will be undertaken. A post enhancement WRAP was performed for the three mitigation parcels. The results of this assessment indicate that following the completion of mitigation activities, these parcels will represent 82.81 functional units. This represents a lift of 34 functional units from existing conditions. Post Enhancement WRAP data is included in Exhibit 6. Mitigation in excess of what is required to compensate for the projects proposed 40.6 acres of wetland impact has been provided. A wetland maintenance and monitoring plan is included in Exhibits 6.1 -6.33. The maintenance and monitoring, and mitigation plan shall be conducted in accordance with Exhibits 6.1- 6.33,9. Turbidity, erosion, and sediment constrols will utilized during any activity that occurs within wetlands, other surface waters, or in areas that discharge into waters of the United States. Cumulative Impact Assessment: This project was evaluated in conjunction with other projects that have been permitted within the area. in addition, the project has been evaluated for direct, secondary, and cumulative impacts and to determine if the project is contrary to the public interest. The drainage improvements were designed to maintain seasonal high elevations in order to prevent adverse impacts to the hydroperiods of potentially affected wetlands. The mitigation provided for the adverse impacts associated with the proposed project is located within the same drainage basin where the wetland impacts are proposed. The mitigation provided for this project offsets the wetland functions impacted as result of the activities proposed by this project. Based on the proposed design, the District has determined the project will not cause secondary or cumulative impacts to the water resources and is not contrary to the public interest. App.no.: 980828 -1 Page 8 of 18 Wetiand inventory : CONCEPTUAL NEW -Lely Area Improvement Project Agenda Item No. 813 January 23, 2007 Page 118 of 260 ONSITE Pre - Development Total Impacted Post - Development Preserved Restored/ Total Impacted Undisturbed Enhanced Preserved Restored/ Fresh Water Forested Existing 40.60 1.40 88.60 88.60 Created Fresh Water Forested 130.60 40.60 1.40 88.60 88.60 Other Surface Waters 60.10 60.10 .00 1.60 1.60 Salt Water Forested .00 .00 1.00 19.90 1.60 1.60 Upland 138.70 .00 1.00 19.90 19.90 1.60 Total: 329.40 100.70 2.40 108.50 110.10 1.68 Wetland Inventory: CONSTRUCTION MOD -Lely Area improvement Project Pre - Development I Post- Developmeni ONSiTE - In March 2003 the U.S. Fish and Wildlife Service (USFWS) issued a Section 7 letter for the proposed project to the Corps of Engineers. The USFWS provided a determination of may affect, not likely to adversely affect the wood stork, red cockaded woodpecker, Eastern indigo snake, and American crocodile. USFWS provided a no effect determination for the West Indian manatee. A bald eagle nest tree is located on private property about 300 feet west of the Lely Main Canal. This nest was documented as being active in the 2001 and 2002 breeding seasons. The nest was documented as having fallen from the nest tree in May 2002 and was not rebuilt at the time of surveys conducted by Kevin L. Erwin Consulting Ecologists in December 2002 and January 2003. In July 2002 a bald eagle management plan was provided to USFWS. A revised plan was submitted to the Service in August 2002, In November 2002, the Corps revised the initial determination of may affect and requested the Service initiate formal consultation. A final determination has not been issued to date. The applicant is not proposing any construction activities within this area as part of Phase 1. Prior to initiating construction beyond Phase I an eagle management plan will need to be provided that is consistent with USFWS guidelines, approved by District, and provide reasonable assurances pursuant to 40E -4, F.A.C. that Bald Eagles will not be adversely impacted by any future phases of development. This permit does not relieve the applicant from complying with all applicable rules and any other agencies? requirements If, in the future, additional endangered/threatened species or species of'special concern are uioi.GVcr cu vi ionc. App.no.: 980828 -1 Page 9 of 18 Total Impacted Undisturbed Enhanced Preserved Restored/ Existing Created Fresh Water Forested 130.60 40.60 1.40 88.60 88.60 Other Surface Waters 60.10 60.10 Salt Water Forested .00 .00 1.60 1.60 Upland 49.00 .00 1.00 19.90 19.90 Total: 239.70 100.70 2.40 10850 110.10 1.60 - In March 2003 the U.S. Fish and Wildlife Service (USFWS) issued a Section 7 letter for the proposed project to the Corps of Engineers. The USFWS provided a determination of may affect, not likely to adversely affect the wood stork, red cockaded woodpecker, Eastern indigo snake, and American crocodile. USFWS provided a no effect determination for the West Indian manatee. A bald eagle nest tree is located on private property about 300 feet west of the Lely Main Canal. This nest was documented as being active in the 2001 and 2002 breeding seasons. The nest was documented as having fallen from the nest tree in May 2002 and was not rebuilt at the time of surveys conducted by Kevin L. Erwin Consulting Ecologists in December 2002 and January 2003. In July 2002 a bald eagle management plan was provided to USFWS. A revised plan was submitted to the Service in August 2002, In November 2002, the Corps revised the initial determination of may affect and requested the Service initiate formal consultation. A final determination has not been issued to date. The applicant is not proposing any construction activities within this area as part of Phase 1. Prior to initiating construction beyond Phase I an eagle management plan will need to be provided that is consistent with USFWS guidelines, approved by District, and provide reasonable assurances pursuant to 40E -4, F.A.C. that Bald Eagles will not be adversely impacted by any future phases of development. This permit does not relieve the applicant from complying with all applicable rules and any other agencies? requirements If, in the future, additional endangered/threatened species or species of'special concern are uioi.GVcr cu vi ionc. App.no.: 980828 -1 Page 9 of 18 Agenda Item No. 8B January 23, 2007 Page 119 of 260 Species Potential Occurence Use T es Bald Eagle Reported Sightings Nesting Big Cypress Fox Squirrel Preferred Habitat Foraging Nesting Eastern indigo Snake Preferred Habitat Foraging Gopher Frogs Preferred Habitat Foraging Gopher Tortoises Preferred Habitat Foraging Red Cockaded Woodpecker Preferred Habitat Foraging Nesting Woodstork Reported Sightings Foraging "' �} , .SCS ti&`x�5 ��.4+r" � %'�� • ytr.�a,` - `;: i� �;. a�Y t 4�� �`'� kd-4t; A- A total of 110.6 acres of wetland restoration /enhancement are proposed to offset wetland impacts associated with the proposed project. The wetland mitigation areas will be preserved through the dedication of a conservation easement to the SFWMD. The mitigation area will be maintained in perpetuity by Collier County Road Maintenance Department, Stormwater Management Section. Copy of the draft conservation easement is included as Exhibits 7a -h. The proposed project includes the construction of operable stormwater management structures. These structures are. equipped with gates which allow for lowering of water levels if needed after or in preparation for a major storm event. Collier County and the District have completed a draft Memorandum of Understanding related to operation of the control structures. This application requires operation of the operable stormwater management structures by Collier County in accordance with the MOU. Copy of the draft MOU is enclosed as Exhibit 8a -r. It should be noted that preliminary discussions have occurred between Collier County and the District concerning the District assuming limited responsibility at a future time of primary components such as coastal structures. At this time, operation of all operable stormwater managemetn structures will be the responsibility of Collier County and in accordance with Special Condition 27. tyEi"3'tiE #irb�l0 i AiD 1{ iItt?►fF THE'fA"f MOW ��1`�` It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0861 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E- 4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically'ifiaintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 980828 -1 Page 10 of 18 Agenda Item No. 813 January 23, 2007 Page 120 of 260 RELATED CONCERNS: Water Use Permit Status: The project does not require irrigation water. Application 030317 -24 for short -term dewatering has been determined complete by District staff and is scheduled for Governing Board approval. This permit does not release the permittee from obtaining all necessary Water Use authorizations) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No- Notice Short-Term Dewatering permit pursuant to Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E- 2.051, FAC. Well Field Zone Of Influence: The project is not located within the zone of influence of a wellfield. Right -Of -Way Permit Status: A Right -of -Way Permit is not required for this project. DRI Status: These projects are DRis (SFWMD ID numbers 76 -63 & 84 -175). The Development Orders for these DRls were issued by Collier County on September 14, 1976 & May 21, 1985, respectively. SWIM Basin: The project is not within nor does it discharge directly to a designated SWIM basin. Third Party Interest: Letters from the Rookery Bay National Estuarine Research Reserve (RBNERR) were received May 20, 2002 and August 27, 2002. In May 2002, RBNERR was concerned with the timing, duration and quantity of freshwater entering the bay. In addition, RBNERR recommended the restoration of wetlands along the RBNERR boundary, compliance with water quality criteria, and relocation of the proposed spreader lakes. The subsequent RBNERR letter dated August 27, 2002 verified that the previous questions and concerns had been addressed. RBNERR requested and has recieved continued coordination from Collier County staff regarding the operations of the proposed weirs and pump station. Pollutant Loading calculations submitted with the application and reviewed by staff appear to be consistent with the information in the August 2003 Evaluation of Alternative Stormwater Regulations for Southwest Florida report which demonstrate the surface water management system reduces the post- development loadings of storm water nutrients to levels equal to or less than the loadings generated under pre- development conditions. Enforcement: There has been no enforcement activity associated with this application. App.no.: 980828 -1 Page 11 of 18 Agenda Item No. 813 January 23, 2007 Page 121 of 260 STAFF RECpldIMENDATION: The Staff recommends that the following be issued Conceptual approval of an Environmenatl Resource Permit for a Surface Water Management System serving a 329.4 acre stormwater improvement project known as WMD6 Lely and Lely Manor with discharge into waters of Dollar Bay and Rookery Bay and Construction and Operation authorization for 239.7 acres related to Phase I of the surface water management system, wetland impacts, and mitigation of the project. Based on the ©nformation provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Condition . STAFF REVIEW: NATURAL RESQXIRCE MAKAGEMENT DIVISION APPROVAL ENVIIIONMEN AL, vALUATION zmS<T. Mo ooh, P.W.S. j DIVISION DIRECTOR: Robert G. Robbins ss T DRAFT' Subject to Gorerning Roam Approrsl , P.W.S. DATE: �� ':�Z SURFACE WATER MANAGEMENT DIVISION APPROVAL SUPE Vl William Foley, ENGINES, i• r Wiliiari Foley P.E. // j DIVIS N D ECTOR : f DATE:, % e/ j L/ /& A P.E. on fiA. �iUater e, J Y r App.no.: 9828 -1 Page 12 of 18 Agenda Item No. 8B January 23, 2007 Page 122 of 260 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria 'as approved by this permit. Any - deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permttee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted pians and specifications; and the entity App.no.: 980828 -1 Page 13 of 18 Agenda Item No. 8B January 23, 2007 Page 123 of 260 GENERAL CONDITIONS approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit.conditions .prior to the initiation of the permitted use of site infrastructure 1. located within the area served by that portion or phase of the system � 1`_ach phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water. Use permit prior to construction dewatering, unless the work qualifies for a general permit pursunt to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice° Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. App.no.: 980828 -1 Page 14 of 18 Agenda ItArn No. 8i3 January 23, 2007 Page 124 of 260 GENERAL CONDITIONS 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Sedtion 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. App.no.: 980828 -1 Page 15 of 18 Agenda Item No. 8B January 23, 2007 Page 125 of 260 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface water management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment,erosian, and /or turbidity controls shall be subject to District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. in addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and App.no.: 980828 -1 Page 16 of 18 Agenda Item No. 8i3 January 23, 2007 Page 126 of 260 SPECIAL CONDITIONS updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easemerfi must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation with the exception of exotic vegetation removal and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits tc --iri imnnnfc #n iicfnrl cnor+icc App.no.: 980828 -1 Page 17 of 18 Agenda Item No. 813 January 23, 2007 Page 127 of 260 SPECIAL CONDITIONS 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities, 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and/or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E-4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. App.no.: 980828 -1 Page 18 of 18 STAFF REPORT DISTRIBUTION LIST WMD 6 LELY AND LELY MANOR Application No: 980828 -1 Permit No: 11- 01140 -S INTERNAL DISTRIBUTION Agenda Item No. 8B yJanuary 23, 2007 Page 128 of 260 EXTERNAL DISTRIBUTION X Ross T. Morton, P.W.S. - 7420 X William Foley, P.E. - 7420 X Permittee - Collier County Board Of County X A. Waterhouse - 4220 Commissioners X C. Tears - 7440 X Agent - Law Engineering And Environmental Services X ERC Engineering - 7420 Inc = X ERC Environmental - 7420 X Fort Myers Backup File - 7420 GOVERNMENT AGENCIES _ X J. Golden - 4210 X Permit File X Collier County - Agricultural Agent X R. Robbins - 4250 X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 8 - FDEP GOVERNING BOARD MEMBERS X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section - Mr. Harkley R. Thornton - Mr. Hugh English OTHER INTERESTED PARTIES - Mr. Kevin McCarty - Mr. Lennart Lindahl - Mr. Michael Collins X Audubon of Florida - Charles Lee - Mr. Nicolas Gutierrez, Jr. X Florida Wildlife Federation - Nancy Anne Payton - Ms. Irela Bague X Leonore Reich - Ms. Pamela Brooks- Thomas X Ricardo A. Valera, P.E. Transportation Services Division - Ms. Trudi Williams X S.W.F.R.P.C. Marisa Morr X Water Management institute - Michael N. Vanatta Agenda Item No. 813 January 23, 2007 Page 129 of 260 EXHIBIT 1 AUG - 3 2004 3 NTS EXHIBIT !,, 0 Agenda Item P January 23, e 130 �rrr.r rr• 0�r� lL W w C, E °- � w W O 2 O � G N 0 W H W w O, r4 W W rO V O w r N t Wr U� N� a� W, ya = � S � d N ti h 'a WV £ i0 QT b00Z /LZ/ 'IaPoW'6n�P•A3N S99L \sueld lert1 uao ialseu+ S89 o'dJ \uise9 1 Agenda Item No. 86 January 23, 2007 Page 131 of 260 ti Act' h Q. ti Act' h Agenda Item No. 8B January 23, 2007 Page 132 of 200 �Jw o � e z7 . I� I S r>r I, S 4 LL ry � N �O C ti oti = Q r, h o N T 1[7 t+ n N N N µ4 r P W - -j T � a r I I T Yo �v�y Cr' -Iq z z !tm-. O S vac r. L zFm m Pa iiF] MM W w S r>r I, S 4 LL ry � N �O C ti oti = Q r, h o N T 1[7 t+ n N N N W T � a r I T Pa iiF] MM W y N S r>r I, S 4 LL ry � N �O C ti oti = Q r, h T 1[7 t+ n N N N tee. -x -lowl- Agenda Item q January 2 Page 1 of of EXHIBIT 34 tl h ONE C> ONE EXHIBIT 34 tl h ONE , U pp +f b ,Vls ap IImol Vi1' '1 Agenda item 41A January 23, x Page 134 t � a N V •F- b P U_ 10 I� o iw !W a ofe IQ I L•70 9C EXHIBIT 3b I `EI .• I li 6 It UP- N e V eq$ U U (y O N � h a m L.) m a ce h y 3 4 W 0 9 1 1 ! 1 ! EXHIBIT 3b I `EI .• I li 6 It UP- N e V eq$ U U (y O N � h '11+ Q � � _d ■ RO\ \ MATCHLM STA: 41+00 Agenda Item January 7 - Page 2 of 135 of 2 3: Wi EXHIBIT 3c. 1-M dM RI 1 9. 3: Wi EXHIBIT 3c. 1-M dM RI 1 EXHIBIT 3d z fio Agenda Item '5 . � 11j u!anuar PaQe 41, iii Li o O ki) L4 ON GU U�Z Cl) Coo EXHIBIT 3d z fio Agenda Item '5 . � 11j u!anuar PaQe 41, iii Li o lull g ► �j 11111 u 11 I1 l t ► 1 R 11 loll _ 11111 � R �A - lllll 11111 tt , lull it i lull �` ititl �� u l ll 111 till ll llllll till lull llllll All llllll 1111 11111 ll Bill R g I M A$ Agenda Item t" V January 2'72007 , Page 137 of 260 F11 - , 11� i ilk I��'m;l 'OI i 1kol. �Y i�liml 41 v, G >z G G 3 {3{UUyy � Y A Y W 1 Y A Y � 111 ..•� ltl _ 111 F11 - , 11� i ilk I��'m;l 'OI i 1kol. �Y i�liml 41 v, �J ?7 11';I lit} N oU�o^ �Q02 ova h b N S IIi 'I �rT VI II 1 I � I 1 I!lii >z 3 {3{UUyy � Y A Y �J ?7 11';I lit} N oU�o^ �Q02 ova h b N S IIi 'I �rT VI II 1 I � I 1 I!lii � f _ U i f �LL Agenda item h January 23, Page 138 c 4 � � r G � U U w O H � w lli 111 111 111 low EXE3IBIT 3 f �i Df IIUR Z �c < Nry ag �exa 03 m2 C N !� it ICI '' II nc -a-6o :v..LS 31�R"I JLVN i 1 SEC77ON S A d V 4' itD 614 V/WTATE Mt0 �4AB�1 M CQ1 v ,�fapEt. 41t $13 411 122 120 120 StS. 53 Rt4 Wos =OyowHH%vNs9vAYE I� � o I� Is Agenda Item January 2;: Page 139 MW �� ee b h II,i I il!II' I � I �i II 111 I. IIII 130 130 EXHIBIT 39 " U a to w a 3 I �i II 111 I. IIII 130 130 EXHIBIT 39 ► u� t 614 �DAI 513 729 624E3 l a KY , pTD 12 Y Q o N snez .621 of m 624 N iE I 172 129 11 624 - s �.� 11E2 . 411 -.Inyi 411 y 416 LJ 411 -- - 416 624E2 411 624 ;`•� 625DE1 l + 411 411 624E3 y 4M S.. jjlfI T/O •625E2 ';$13 s+ 110 _ f NOT MAPPED 51 � 3 625E2 Q ° . l 110 • . i51S ; U 513 4$b 3 110 s I s13 l \ 172 9 jj i� 11z ® A._51a [[ . 2zE.- � 45 5 0s+69 :VIS aPU- iD1VN M 0 ,Agenda Item N1 S6 January 23, 2DQ� Pane 140 cm k!I e I ii s It1 IW N W jW I E }► 3 b m Q 1111 I O O O i O v r. In To n eo ;m m( •7 TI to c io to �Id c 'lo to {ti Li 11 II V�I� ���,��Slelml�lla'�s �I,;►, Y y � � k w 6 6 < 6 ^ < W W F-4 °x7 6 6 vii 0 z s w Z a a Y p p Y lil � 1 I 111 4 11 111 �,� "� ` l 111 EXHIBIT 3h uL R o Z W h o3h2 O ti z jl I I �LII.I oo+ C9 : VL 9 aN!-MDJ, M !� R Agenda Item January 23 Page 141 f 260 k EXHIBIT 3 i Rik Cd 94 EXHIBIT 3 i Cd 94 tit EXHIBIT 3 i En ll o V IN-MIR ,,SMVB VJWS dMd ll IQ i o 1-0 4—; Iii ioI I it F-T Agenda Item N13. FB January 23,14:fl Page 142 7- F� r"-I 'min 11 .7j Y,� W p n - Q• - W p!1 W C y b I• C - o V . f, I jI 1 Agenda Item. January 23, 10C Page 143 c Ig e �E o� R w° fW 1 ! T V' IIIjI �pp � f 21 O � 'II I �t—z —� EXHIBIT 3k a 4 f N j<I j i Iei � I I �J U- I i iti fW 1 ! T V' IIIjI �pp � f 21 O � 'II I �t—z —� EXHIBIT 3k a . . . . . . . . .. . . rc 4 u INOID3W crvo,s KdVEI Aj moz) Agenda Ite "n TVR B January -y 23 Paoe 144 zi.j o 5, .1: ai U, w 17 of iE wag EXHIBIT 3l It CW7 ce 3 Fm n t t t I of iE wag EXHIBIT 3l It N pi V • 411 ' 416 Ef . .41 - •41e E7 14 � 1a M4 t6 E1 1 321 SECTION 17 Aso '�ZY r m 1T4 , 7462 E2 UA. 182 130 tee S2 J� t]D 182 182 12 Agenda Item January ? 7 Page 145 f 260 i1�II�lE C e� �g r -T-FT ?-f G G G W A A A A A A tl� I ill Y 111 111 �. silkk '�l o!o'�n •�'. �'. py ! rQi i N.N��O t0 �yz Ir lei riOrir� 4' h 1� °I— INInI�Ir'I >i'I 1 G G G W A A A A A A tl� I ill Y 111 111 �. 424. 410 U 411 41� 24 416,E . . . . . . . . . . . . 411 E2 PROP. SANTA BARBARA CMINECTOR ROAD 416 E3 411 .424 4 E 120 624 �E2 411 �Z EZ 130 z 411 El 120 411 IB2 0 - IN (41,S1 46 , I El S. El 130 Agenda Item '0.'? January 23 M _ 26 Page 14 6 7 -7 iz� E3 6'a 6 oi-, < i R 9 z 1 '0 0 N z L) I 111 Ill LA li Till {' lil �iil Agenda Item January 2" Page 147 G A L.ij j§ cd 9 0 0 Ill 111 JE _77 EXHIBIT 3o ' eqa 1.6 IiI 110 17 6 Ez 411EI 424' 437 11E no 6 %E4 6 tz '411 IN 424 250 424. 411 424 6 9 41 5,E 411 U PROP. SAMTA OARSAR C,DIM �;7 ftp!o 411 .424 120 524 E T2" ZO 411 El P M411 Agenda Item January 2" Page 147 G A L.ij j§ cd 9 0 0 Ill 111 JE _77 EXHIBIT 3o ' eqa 1.6 IiI Agenda Item N D- Jania ' ry 23. It Page 148 c-277 t« EXHIBIT BF V 9 9 r r u I Lill v -g 'v U:g tz 0'0' EXHIBIT BF V 9 9 r r u I Lill N Agenda Item ium January 2 J� Page 144—o7, , EXHIBIT rz �I I i '� b , EXHIBIT rz �I I i '� N ° ............. '62t lot ` E2, 6461 .6461 _ 416EZ - 62 416E2 624 .. Eyi ' b�l ' EJ ' . 424• 624E1 I6• E2 M. SANTA. u�wt A •BLVD -ALT. D 6461. 147, El 424• - .424 611 .424 w.t4a' Cr 43, 646, •EI '_ . �. .� 424 7462 .0 � •rte d. x6147 743 24 D.E2 - 416 0.E2 ` . 424 0.C2. .. • . u \424. 74621 624 u� 120 1 :4 D I+ 4E2 7 n 12D 6 Ti 130 �4 624 ET •�1 130 10 1 1]0 416 111 u � v 1D m ,30 416 9 Agenda ftem fJ ^ 93 January 23: Q� ?aoe 150 0 r; g Nt �o f� �J N .tq8 2w� (rawer q!•ti h .�,1 E O UJ �2 �n rn < a a d < < < an vi Tl °- n LLl �i � �i is II a 3 0 3 3i, 771 F71,11 I R, I I j2 111 Ld Li ji, EXHIBIT 3r` oo+89 :VLS aNU'lHDLVN N I Agenda Item January 23, 2007 Page 151 Df 260 cm 110-0:0; C) ws-o! wi 0; a 1 !,! 11 1 ill 1 !,! 11 1 r N 6� r V + r SECTION 19 l 140 MM" 4aeEx SECTTON 120 416E2 l MSECTIC ON r� WEI 214 140 513 41E �9 s�c�s �f2 s lams aas Agenda I #em N � January 23; Page 152 IL I�N� 1 I I I ! U of Ip, z g IDIO. iwl f �1a <I I 'O �N a'� 3 flolo! Y I' Eig y� Ig ry I �Ua u�,Wha� uQOe • ti h �d �!'II a�l �lll liI o � I i� l ' i EXHIBIT 3 t aI i I Q < J J z y y � � ww 3 o LHiI 3 a 3 D 3 1 U ■ 1 K 1 Y I' Eig y� Ig ry I �Ua u�,Wha� uQOe • ti h �d �!'II a�l �lll liI o � I i� l ' i EXHIBIT 3 t aI i I p U L) W R V2 to) 111 VI I I I U Agenda item January 23 2007 Page 153 :)f 260 Of =1j II 4 vii vii Of =1j II 00+E9 :YLS JM'IHDIYW lu 0 a 0 0 10 10 10 10 �o 10 2 N Agenda Item I' January 23. Page 11 54 �fMO w � � g o tll llt LM EXI-HBIT 3 v Agenda Item January 23, 2 007 Page 155 f 260 -7 -T II'II,I -7 Vj i I L r i T1 cilci jci�ci 6�6,ol I.o 1 0i103180! EXHIBIT 3 w Qa RP ci NNE" USMz ii li < ce, W llt EXHIBIT 3 w Qa RP ci NNE" USMz ii li 2 c % ig Agenda Item No January 23, 21-1 Page 156 of 260 to 0 0 0 0 cc I o 9 ltl ltl EXHIBIT 3:< �Nl Zp .-T �ru 1010,0!tlj l�: i } A dl Agenda Item '* January 23, r2OO7 0 f 0 Page 157 f260 0 IT 3y 9 IT 3y 7 {3 2a3 q, * ECTION 30 L]43 SECTION 31 630 Agenda Item N Januar -31 Paae li 58 o 566 I P EXHIBIT IT I-B z� !�t2 i t fl dg -UJ iii) P EXHIBIT IT I-B z� ti k Agenda Item N January 23, 2007 Page 159 f 260 rc s. ce IIIli �lw -9 tll -40 me Agenda Item N January 23 Page 160 'o � 2610 i7 U Iii. z 9 9 EXHIBIT 4 b CIF 41=2 422 tic T 7, -T 416M 914, 313 41K3 6160 ol 743 r4 Fs - - Agenda Item 14 January 23, 2007 Page 161 )f 260 , It 7 . . . . . . . . . . . . . 411 6 --7 624M AM" 41661 416B1 FE r K U sE SECTION 29 124E2 901 416E3 SECTION 32- c 4]42 y 614E1' ci 6 fi2lEl 416M - - - ---------- - 416E1 i -�Wl K wry �l 44 aqs US 62-El _Z zl . 0 A 41EM U 422 62464 o 411E2. - - - - - - - 7- 7- 1.14 N . . . . 1664 411 411EI ED v 411 o �c 621 :2 41 IE4 ML 41 .4 P.3 4 5. �41 G C . . . . 4103 -4, 411 4" 422 a y d 3 3 ; a'�' iT, IN . ..... 4c EXHIBIT 6 d 6 K c ci 6 ci m i -�Wl K wry �l 44 aqs US 62-El _Z zl . 0 A 41EM U 422 62464 o 411E2. - - - - - - - 7- 7- 1.14 N . . . . 1664 411 411EI ED v 411 o �c 621 :2 41 IE4 ML 41 .4 P.3 4 5. �41 G C . . . . 4103 -4, 411 4" 422 a y d 3 3 ; a'�' iT, IN . ..... 4c EXHIBIT a ay� .......... WESIPORT COMMERCE CE CED MOCK SANTA `- BARBARA BLVD. GO - tiJ - -N P NA TION G CL UB 1 ..................... ::::...:... a ; :::'TFIE CLUB ESTATES 10 ACRE I i W 99ACRE MITIGATIQN S)TE , y iGATION SffE_j _F� I KES I_ ! I .. CO PL YCLUB -� - RATTLESNAKE HAMMOCK RD. N Gle: Sass mnap and m^:.tgatiCn ^o.�.° nfor.ati, cehead irom Agnoll, Barber & Brundage, Inc. and Collier County Government Websrie. Figure G -1. Proposed mitigation site locations No. 8B .2007 of 260 —CR 951 Kevin L. Erwir Consulting Ecologist, h- SOM ft F«„�. w. 391 9„», EXHIBIT 5 wr.na ;2T �.e.cw�e• Ti n.w.x swdr "' Agenda Item No. 8B January 23, 2007 Page 163 of 260 APPENDIX G ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS i Ii: Aoenda Item €Uo. 8B Appendix G: Environmental Impacts And Proposed Mitigation Plans January 23, 2007 Page 154 of 260 APPENDIX G ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS G.1 ENVIRONMENTAL IMPACTS G.1.a Introduction The proposed Lely Area Stormwater Improvement Project consists of improvements to the existing drainage system for the 11,135± -acre East Naples area which formed the major portions of the former Water Management District # 6 area. Careful design of the project has avoided wetland impacts where possible and minimized unavoidable wetland impacts to the maximum extent practicable while still meeting the overall project purpose. A detailed discussion of the alternatives that have been considered as part of this process is presented in the Region 1 through 7 narratives. The construction of these facilities will result in unavoidablc impacts to some wetlands. The process used to delineate these wetlands and assess their functional capacity, as well as the proposed compensatory wetland mitigation plan, are described below. G.I.b Wetland Assessment A significant quantity of information is available regarding the distribution of wetlands throughout the project area. Substantial portions of Regions 2, 4, and 6 contain existing developments. WilsonMiller has mapped the uplands and wetlands in the majority of undeveloped portions of Regions 3 and 7 as part of their work on the proposed Santa Barbara extension. WilsonMiller has also delineated wetlands in the southeasterly half of Region 5 in association with the Lely Lakes project. Kevin L. Erwin Consulting Ecologist, Inc. has previously delineated the wetlands in the northwesterly portion of Region 5 and all of Region l as part of the Sabal Bay project. In several locations, the existing mapping described above did not provide adequate coverage for proposed impact areas. At these locations additional mapping was undertaken. Mapping was also revisited at the locations of proposed impacts to insure that the delineation of the wetlands within and immediately adjacent to the proposed facilities was accurate. The wetland and upland communities in these various areas were mapped using the Florida Land Use, Cover and Forms Classification System (FLUCCS) mapping nomenclature. WilsonMiller and Kevin L. Erwin Consulting Ecologist, Inc. used a slightly different adaptation of the 1985 edition of FLUCCS. Therefore, a unified FLUCCS code list was prepared for this project to insure that similar habitats have the same FLUCCS designation across the project (Table G.1). The extent of exotic species infestation was also documented. Areas that typically contained greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures). The resulting vegetation and land use maps are included in the Phase 1 Construction and Conceptual Plan set. Table G.6, "Wetland Impact Summary by Region" is also provided at the end of this Appendix. EXHIB11 c Agenda Item No. 8B January 23, 2007 Table G.l. OVERALL PROJECT FLUCCS CODE LEGEND Page 165 of 260 FLU CS Code 100 110 119 120 121 129 130 139 140 144 172 175 177 182 186 210 213 214 240 243 247 250 261 310 321 322 324 411 414 416 419 421 422 424 426 427 428 434 437 511 513 514 515 525 526 527 528 542 612 617 621 Habitat Twe Urban and built -up Residential — low density Residential- low density under construction Residential — medium density Mobile home units Residential- medium density under construction Residential — high density Residential -high density under construction Commercial and services Cultural and entertainment Religious institutions Government facility Other institutional Golf courses Community recreational facilities Cropland and pastureland Woodland pasture - Row crops Nurseries and vineyards Active nursery Abandoned nursery Specialty farms (horses, kennels, dairies, other) Fallow cropland Herbaceous /rangeland — rock outcrop Palmetto prairies Coastal scrub Saltbush shrubland Pine flatwoods- palmetto understory Pine — mesic -oak Pine flatwoods - graminoid understory Scrubby pine flatwoods Xeric oak Brazilian pepper Melaleuca Tropical hardwoods Live oak Cabbage palm Hardwood — conifer, mixed Australian pine Tidal creek Ditch Drainage canals and ditches Drainage swales and similar features Cattle watering pond Borrow pit ponds Stormwater management lakes Stormwater management detention/retention areas Inland tidal ponds Mangrove swamps Mixed wetland hardwoods Cypress EXH I BIT Appendix G - Environmental impacts And Proposed Mitigation Plans Agenda Item N�. 8B PP January 23, 2007 Page 166 of 260 624 Cypress -pine- cabbage palm 625 Hydric pine flatwoods 630 Mixed wetland hardwoods and conifers 640 Vegetated non - forested wetlands 641 Freshwater marsh 6411 Freshwater marsh, sawgrass dominant 6412 Freshwater marsh, cattail dominant 6417 Shrub marsh 642 Saltwater marsh 6429 Saltwater marsh, shrub dominant 643 Wet prairie 6461 Scrub /shrub wetland — willow /wax myrtle assoc, 650 Saltern 740 Disturbed land 742. Borrow area 743 Spoil area 7461 Disturbed lands, herbaceous cover 7462 Disturbed lands, shrub and brush cover 748 Previously cleared land 7481 Previously cleared land, herbaceous cover 7482 Previously cleared land, shrub and brush cover 811 Airports 814 Roads and highways 8145 Improved, unpaved roads 8146 Primitive dirt roads /trails 8147 Unimproved, unpaved roads /trails 821 Transmission towers 822 Communications facilities 830 Utility 831 Electric power facilities $32 Electric power transmission line 5321 Electric power transmission line- herbaceous cover 8322 Electric power transmission line - forested cover 8323 Electric power transmission line -shrub brush cover 8324 Electric power transmission line- access road 8325 Electric power transmission line -water bodies 8341 Sewage treatment plant A1odiftem: El = 10 -24 % exotics E2 = 25-49 % exotics E3 = 50-75 % exotics E4 = > 75 % exotics D = Disturbed (fill, logging, clearing, nuisance species, etc), not including exotics or drainage G.Lc WRAP Impact Scoring The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetland functions of areas proposed for impact. A summary of the WRAP scoring is presented, below as Table G -2. EXHIBIT c..• C ca n. 0 a O a 0 a` Q h V a E C d C C Lzl V K C d c G. Q a Q' a y C "C _ 0 U_ C aJ u C ea .a w d L L Vi 0 ni ISM N V 4! 0 d r.. cc U L 0 u .R _ 3 M fypQ�r,,' nu jr G �Q a 67 of 26 •a a�'o cp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O O O V N N N N N N N N N N N tV rV N (14 N N N (V 1V lV N N N 3� s ow�tir,v,�nv,o�n�n 000,no�n�nv _ o00 oa v, ono N N fV ^ -- N fV N N— N Q�3 ix =; O h O O O O v'; 'vr v'. v'. O O O O v'. . y 0 0 — •• 0 "' N N^ N N O O N O N V O kn O Q O N O •- p N N z N N O 30L =° v'i v') O vi O N d y L O 'h " •-• O x N M OC M 00 N n M x x^ N d N N r �D M M M M oo M OC M x v'1 'n N N N 7 n r of ao C4 r3 p, %r) v-) in v v-, kn ` r �o v� •n vi Wn In o Q r r- et v, Q O O O O O O O O O O O O O O O C 0 0 0 0 0 0 0 U � 3 C6. Cc z = y 3 r to M N N r- - M M M v, r — M M 00 v, 00 Wn � C v'i r-4 r,3 h Yl 00 00 . 0 0 0 Cl � L lG M N ^ M .� OO ^ V'1 M V1 ^" N 'R ^ ^ M M �- •- 0 N �' 0 N 0 o 0 0 O O O O o 0 0 o o 0 0 0 6 0 0 0 0 0 _ Q N N M N N N W Ki W 0o N W M W M W N W M W M W W w et V. ^ v W .y V W �n W �O W e!• et �Y W ti] %n %n N ' T N %0 N '":r N N 'a' N t0 d N N C �!' N '7 d, :1r , 00 0? 00 00 00 w 00 00 1 00 00 00 333333333333 , � 3 3z M M 8B 007 260 I�b.bl g nd 3 e IV L pan O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 � 3 a M rl M M M M M rr1 M Pl; M M rh r'1 M M M co 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o vl 0 0 y L N N N N N N N N N N N N N N N N N N N N N N N N N O N N w _ 5w O v1 n V'1 r v1 O O r O O v1 vl Y1 r v1 v1 to — r er n N N — _.. Q�3m i c00 = O O O O O to O k., O .n v, O .n vl 0 0 0 0 0 0 0 �n 0 0 0 vl O LV ^ N N ^ N N O O O N N N N N N O N N O N M 3v L O. O 'fl i C w i m d vi O O O O O O w'1 kn vl vl Q�n N O O O O O O O vl O O O kn y O— — —' N ^- N •� N O Z O O N rV CV CN rl C V O N N O N N v 3 > > � L L O t/J u rn vl In V'1 O O O O l O V'1 Wn Vl In in vl V1 V" lrl vl W) V1 O Q Vl V1 V'1 e'! O O O— — N O O O O O O N N 3 d y L V �• O vl v1 vl 00 N 00 N a M M .Zr U— 00 N 'V' a' 'ct r I-C r O 1`� \O r Vr r I�D C C, r "o C, M O, M C, M N o 00 ._.. N-0 'V'. N 0 7 1.0 IM � O �c C "D O c{ G �D O '7 O I-C O 1-0 O - C - O C C 0 0 0 0 0 0 0 0 0 C O C O O U R' 3 a = Vi O .. vl kn V) O 00 N ON N r D' M 00 !� N "� et M r �D r �D r �D V1 r 01 a!} Q, G, 00 �n M N M O O O^ 'V C O O O M !t N N M C= O O C C O O O O O O O O O O O O O O p 0 0 0 O O O O O O O O p II V1 w C .ice+ L M — N -- Vl 1n Yl N V' — — — 00 r v'1 7 v'1 M M 0 0 0 0 0 0 0 0 0 -- O O C 0 0 0 0 0 W W R U W W W W lzr W^ yr N N '1' N N \.D 10 W N �D N N N .• r N y n�� N N N N N D Vr T LAO C �p d N M O� • •-+ N N M � D �D d 3 z 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 8B 007 260 I�b.bl C a e 0 0 a 0 a d E E e 0 L L W V K 9 C d G G d 8a )G07 ?60 TO Aenate o. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A 11 iS i R Y3 21 3• � Cy M K1 M M rrl M r'l M M r•'1 f^1 f"1 M M !"'1 f�'1 M !"1 M M M M M M f14 t ry y � �jJ f 0 0 0 0 0 v? 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N L -- O C N N ^ N N N N N^ N N^ O 3 ° s w C m v et O N O O v� v1 v1 M er eN et of tt r"'. O O O kn N O �y N N N N N N N N N N N ^ N N N N N N ,_ N N N N N "3 i vy O O O w1 O O O V1 kn %q O to O v> O O O O O V1 h vl C N N N N N N N N^ O N N NN N L � d a+ ae y U o v, v, 0 0 0 0 � a o O o o a o o� v-+ vi � v'? v? n v? o '^ 'n GQ L N 6 O^ N^ ^ N •- CO N N N N O N O N N N N N u ci > 6. o u� u a c C-c o v> O v) 0 0 0 V 1 w 1 0 0 0 0 00 to vn 0 W) v1 O O Ln v1 h C nj N N N N N N— N N N N O -• N N O y L O y u p C Q` - N ['•- h fJ• 00 tt O� C`� Imo- N C- N r et M �. _ �+' t� M 00 vi ^ M 00 M 00 �^ d Ci p h ? �r V: O C O C O O O O r„ O �p 60 N.. C G O E< O O O O O O O O O O O O O O G 00 'T \0 rr r- O �c 7 CT 00 CT M M O M DO x h 00 N O M^ N O -^ O N •- O 1^^ N1 M N rJ; h O -- M M V1 "::• N Do 0 0 C C O C c. C C O O CO 0 O G Q fs. U N C ••� •.•. �N �- N ••.• M N 00 00 O v1 M �!i �t ^� N M vl v) ^ (` M •-• Q = U N M M M N N M M N N W W M W N W W N W W M W W N N W W W N W M W - -- N y N Nr N M .�. N 00 N 00 N N �R N r` •C' N n ef' N '� N N Q cV N M �T V- ^ N r'.� .-� fV M vl [ T C6 E Cti 7 �S' sn V) V) VII I f V v) N i v1 N i W) N ��� Ln N vl N v7 v', v-, V1 v7 rn y 3 z 3 3 3 3 i�� 3 3 3 3 3 3 3 3 3 3 3 3 3 7 8a )G07 ?60 TO R. c 0 ao .fl Q+ 0 G 0 L d H v G C w C C O c w u G G d Agenda Item No. 8B January 23, 2007 Paae 170 Of 260 III .� L w 3 3 N M N M M M M M M M M M M M v ono o0000000000000.n L N N N N N N N N N N N N N N d 3� u W CQ Lr In v� v'I v� 0 0 0 0 0 0 0 0 0 0 d N N N N N (V N N N N N N N N p, m Q�3 v i p N N N -- ^ ^ N N N N N N 3 V v OL ea M kn an v'I In W1 V1 In Ln O O O O O O t4 v y 6 0 -- N N N N N N N 3 o u � � o L:n h Ir'i In w1 In kn In In O O 0 O 0 N y L .+ O y U OC N r- O, O N N N N N as 'r, M M N N N N N L G C C to C' M N M M 00 00 M r N 0 0 0 0 0 0 0 0 0 O O N ►c � < Lr, R N4:r N N o0 N 1.0 OC M �C u O O O O N O 0 0 0 0^ O O M C U N N N N N N N N N N [0 V W W Li] LS] Li] Lid Lz] W W C3] W W w LL] d N N N N N N N N r4 N N � Lr C F■ a 'C L N N r-4 I 1 1 1 I I 1 I I 1 M M M 1 V 3 z 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Agenda Item No. 8B January 23, 2007 Paae 170 Of 260 III .� Appendix G - Environmental Impacts And Proposed Mitigation Plans Agenda Item No. SB January 23, 2007 Page 171 of 260 G.2 WETLAND MITIGATION PLAN G.2.a Introduction Over the past several years, the Collier County Stormwater Management Department (County) has met with the regulatory agencies to discuss the proposed project, including the required wetland mitigation plan. The County has been directed to provide compensatory mitigation within the 11,135 -± acre project area. Mitigation opportunities are limited in the southern and central portions of the project area due to existing development, real estate prices, and limited availability of land for sale by willing sellers. However, the County has pursued two parcels in the northeastern portion of the study area. A 10.1± acre parcel (Section 9, Township 50 South, Range 26 East) was purchased by Collier County. The County is negotiating a two -year option to purchase an adjoining 99.2± acre parcel (Section 15, Township 50 South, Range 26 East). Both parcels are contiguous to other existing wetland mitigation areas (Figure G.1). A third area, the remainder of the existing Lely Canal downstream of the proposed outfall spreader lake, has also recently become available for use as wetland mitigation. The existing conditions of these mitigation parcels and the proposed wetland mitigation plan are described below. G.2.b Existing Site Conditions Both the 10L -acre parcel and the 99± -acre parcel consist primarily of wetlands and are typical of the types of wetlands found throughout the Lely Area Stormwater Improvement Project. Each parcel was mapped using the FLUCCS mapping nomenclature (Figure G.2 and Table G.3) and evaluated using WRAP (Table G.4). The extent of exotic species infestation was also documented and labeled as follows: El 10 — 24 % coverage by exotics E2 25 — 49 % coverage by exotics E3 50 — 75 % coverage by exotics E4 > 75 % coverage by exotics Areas that typically contained greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures). The dominant habitat types occurring on these two parcels are described below. E Appendix G - Environmental Impacts And Proposed Mitigation Plans V �aenda Item No. 8B �sanuary 23, 2007 Table G.3. Ten acre and 99f acre parcels existing vegetation summary Page 172 of 260 l0± Acre Parcel 99t Acre Parcel FLUCCS Code Habitat Acres Percent of Total Acres Percent of Total 321 Palmetto Prairie - - 2.2 2.2 411 Pine Flatwoods - - 17.7 17.8 416* Pine Flatwoods, Graminoid Understory 3.8 37.6 22.1 22.3 424* Melaleuca 2.7 26.7 56.6 57.1 621 * Cypress 2.3 22.8 - - 624* Cypress-Pine-Cabbage Palm 1.2 11.9 - - 743 Spoil Areas 0.1 1.0 - - 814 Roads and Highways - - 0.6 0.6 TOTAL 10.1 100.0 99.2 100.0 * Wetland Palmetto Prairie (FLUCCS Code 32 1) This upland community is dominated by a thick saw palmetto understory with widely scattered slash pines. Other plants present include bracken fern, grapevine, smilax, fetterbush, and pennyroyal. Pine Flatwoods (FLUCCS Code 411) This upland community type occurs as small islands scattered across the 99± -acre parcel. A canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it. Other plant species present include scattered live oak and cabbage palm, beautyberry, grapevine, winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also present in varying densities Pine Flatwoods Graminoid Understory (FLUCCS Code 416) This transitional wetland community is the dominant wetland type in the eastern half of the 99f- acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid -story varies depending on the location but typically consists primarily of melaleuca, pine, and cypress saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present. The ground cover stratum varies depending on the density of melaleuca in the canopy and mid - story strata. In more open areas species such as swamp fern, little blue maidencane, yellow -eyed grass, Florida three -awn, saw - grass, and grapevine are present. In areas of dense exotics, ground cover consist primarily of bare ground / duff with scattered patches of the species listed above. Melaleuca (FLUCCS Code 424) The majority of the western half of the 99± -acre parcel contains this highly disturbed wetland habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small patches of swamp fern. This area was probably historically either hydric pine flatwoods or a cypress — pine mix that has become dominated by this problematic exotic. o A Item No. 8B an ry 23, 2007 a 173 of 260 d L Q C 0 bD G 40 �+ 'C H O ° v o m w.: y ..., :: 0 0 0 0 0 0 � C O W G � C L a a C o �p IA H 4 Vl M M a rn E M M en M M c O C 3 w C7 a d � Q H A Item No. 8B an ry 23, 2007 a 173 of 260 �+ O w.: y ..., :: 0 0 0 0 0 0 0 O O O O O o �� "- M M M M M en rn M M M en M M O �a -'" �� � '• - o �n o +n v, o o a 0 0 0 0 0 0 ++ '1.� .•� .. ..-i (•.j .-+ N N N N N N N N � -16 pp 447. r0 : d N O M O M M M "" o y: N N N N N N N �`1 "" ""' O R; ' L .. Q 0.; .;., 1Q O ,n O ,n O %n O O O O , 10 C-4 C5 �' O to O v? O v) O 0 O ,n 0 C, ,n O -90 r-4 ri C5 3:y 3 r.+ r.+ • U N N 00 M [� C-4 O O OC O O'� Q� C'� O c; 0 0 C O C o O O O cO 0 v-' .. O w O J� O N ci M N CY N O ^� O P- N Q n 0 O 0 O 00 N � y..'„ �p t� M 00 •..� r` O� M c, 00 M O M N M M M M N M M a � Q r4 H cl aho,o,c -CArift Appendix G: Environmental Impacts And Proposed Mitigation Plans 91 ,'agenda Item No. 8B Janua;y23, 2007 Cvoress (FLUCCS Code_ 621) Page 174 of 260 This wetland community is located on the 10± -acre parcel. Cypress dominates both the canopy and the mid -story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are also present. Melaleuca is common in the mid -story. The ground cover stratum is typically composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings. Cypress- Pine- Cabbal;e Palm (FLUCCS Code 624) Wetland areas in this category are also located on the 10± -acre parcel. These areas are vegetated by a mixture of slash pine and cypress. Melaleuca dominates the mid -story. Ground cover species include swamp fern, sawgrass, beakrush, and wiregrass. In areas of dense exotics ground cover is primarily bare ground / melaleuca duff. Spoil Areas (FLUCCS Code 743) This disturbed upland habitat is located along the south edge of the I0± -acre parcel. The berm is vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east property corner that allows surface water to drain from the wetlands to the north into the adjacent canal. Roads and Hiahways (FLUCCS Code 814) A narrow strip of land that has been improved as part of the CR 951 expansion is located along the east boundary of the 99± -acre parcel. This area consists of the sodded side slope of the road. The 1.6± acre mitigation area located at the downstream end of the existing Lely Canal channel consists of two FLUCCS Codes (Figure G.3). Each is described below. Drainage Canal and Ditches (FLUCCS Code 514) This area is the existing excavated Lely Canal channel. It is primarily open water with a narrow fringe of Brazilian pepper and mangrove. Spoil Area (FLUCCS Code 743) This upland area is the spoil berm / maintenance road associated with the canal. It is maintained on a periodic basis and is vegetated by a variety of weedy species. G.2.c Adjacent Land Uses Consideration of adjacent land uses is an important component is the design and placement of a successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable for both the I0± acre and 99± acre parcels and for the 2± -acre mangrove restoration area. The majority of the perimeter of the 10± acre and 99± acre parcels consist of existing wetland mitigation areas (Figure G.1). To the south of the 99± acre parcels is the 154± acre mitigation area for the Naples Lakes Country Club project. To the north is the 86± -acre mitigation area for The Club Estates. That mitigation area also forms the east boundary of the 10± -acre parcel. The north and west sides of the 10± acre parcel consists of the 261± acre mitigation area for the Naples Heritage Golf and Country Club project. The 1.6± acre mangrove restoration area has also been sited in an appropriate location (Figure G.3). To the west is a good quality tropical hardwood hammock, to the east and south are existing mangroves, and to the north is the proposed outfall spreader lake. While no development plans have been approved for the surrounding pr , f r t:A11TE11T b -` A endix G: Environmental Impacts And Proposed Mitigation Plans [n rr Agenda Item No. 813 January 23, 2007 spreader lake and the quality of the adjacent habitats it is unlikely that future development woud °f 260 -- be permitted immediately adjacent to the proposed mangrove restoration site. G.2.d Wetland Mitigation Plan The enhancement proposed for the l0± acre and 99± acre parcels is similar in nature and will discussed together. The activities proposed at the 1.6± acre site are substantially different and will therefore be discussed separately. 10± Acre and -99± Acre Parcels The mitigation proposed on these lands is the enhancement of wetlands via hydrologic improvements, exotic species control and native plant establishment, and the preservation of existing native uplands. The implementation of this component of the mitigation plan will result in the enhancement of 14.8± acres of cypress, 49.5± acres of cypress — pine, and 24.3± acres of _ hydric pine flatwoods and the enhancement and preservation of 19.9± acres of native uplands on the two parcels. Each aspect of the plan is described below. The wetlands are currently drained via a breach in the berm along the north side of a canal that forms the south and west boundaries of the mitigation sites (Figure G.2). This breach is approximately 10 feet wide and is lower than the natural grade of the adjacent wetland. This allows the canal to directly drain surface water from these wetlands. Since the canal doesn't connect to anything water levels in the canal and therefore the adjacent wetlands are currently controlled by adjacent ground surfaces at elevation 9± NGVD. As described in the Region 7 narrative, the improvements to the canal system in this area consists of improving the existing berm (to prevent over topping and minimize subsurface flows to the extent practicable) and replacing the existing breach with a gated weir. The weir has been set at the existing seasonal high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This control elevation is compatible with the existing wetland mitigation areas to the east, north, and west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on the 10± acre and 99± acre parcels, it will also positively affect the hydrology of the surrounding conservation lands. Significant portions of both properties have become dominated by exotic species, primarily meialeuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non - target native vegetation and disturbance to the soil. In areas with Iess than 50 percent cover by exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade and the stump treated with an appropriate herbicide. Treatment will occur within one hour of cutting to ensure maximum uptake of the herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Herbicides will be used in strict accordance with label directions by trained applicators. Care will be taken to reduce damage to non- target native species to the maximum extent practical. Treatment of exotics will also occur in the native upland communities on the 99± -acre parcel. Once the exotics have been treated the wetlands will be planted, as needed, by native species. Based on available information, a conceptual planting plan has been prepared (Figure G.4). The most deeply inundated portions of the site will be planted wi s 'Pei s' ' a 'T 2 r,e t:ANIE;l �. t 3 Appendix G: Environmental Impacts And Proposed Mitigation Plans "' agenda Item No. 83 January 23, 2007 will be planted with slash pine. Intermediate elevations will be planted by a mix of cyFfws lli � of 260 pine. Prior to planting, additional topographic information will be obtained. This information and the distribution of existing native vegetation will be used to fine -tune the planting plan. The trees will be container grown, three feet in height, and planted in a random pattern at densities of 200 trees per acre. In areas where live native trees are present, those trees will count towards the required planting density. Ground cover species will be installed at densities of 4,840 plants per acre in areas that contain less than 33 percent cover by native ground cover species following exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will be based upon site - specific conditions and on plant material availability at the time of planting. 1.6± Acre Mangrove Restoration Site The portion of the existing Lely Canal and associated maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize the substrate. Mangroves will become established in the area via natural recruitment from the surrounding mangrove system. If, after two growing seasons mangroves do not become established, then mangroves will be planted. A WRAP analysis has also been conducted to determine the amount of increase in wetland function and value associated with the restoration plan (Table G.5). This analysis indicates that the mitigation areas will contain 82.81 functional units at the successful completion of the mitigation program. The existing condition WRAP analysis (Table GA) documents that 48.81 functional units currently exist on the three sites. Therefore, the proposed wetland mitigation plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) — 48.81 (existing) = 34.0 functional units produced). lkfl Agenda Item No. 8B January 23, 2007 of260 O CC F- 1 I 77 F ac u Q ea Agenda Item No. 8B January 23, 2007 of260 C� C� =� C� C� C� C� C-4 C-4 C-4 C14 N M M C4 N L . w Ix 00000000 00000 C� M ff) M M en rA Qa wl C:) C> 0 0 C> C� 43 M M 67 .ia 0 0 cq C� M Cn C7� rq r-- r- C; C, C� C� C) Aw 0 r-- cr, rn ON �c mr rq 0 .n rn r; o w o0 r-- c, 00 rn vi r-- 1�0 ON %C) %0 IV 4 CA C,4 Cq cc qr :r -q*- 99 ,Z t- In 14 11C CN C\ C�, C�, C. IT 01 F- 1 I 77 F IT 01 Appendix G: Environmental Impacts And Proposed Mitigation Plans 17 Aoenda Item No. 8B January 23, 2007 Page 178 of 260 G.2.e Wetland Mitigation Maintenance Plan A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and native plant installation. For the first two years following the initial treatment each mitigation area will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second year, inspections and treatments will be conducted annually during the dry season. G.2.f Wetland Mitigation Monitoring Plan The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of time -zero monitoring and annual monitoring of vegetation. The time -zero report will document the conditions immediately following wetland restoration (i.e., exotic removal and restoration area plantings). The annual reports will document the extent of success of the project and, if needed, identify specific actions to be taken to improve conditions within the project area. Sampling stations and methodology of data collection will remain the same for all monitoring events. G.2.f(1) Vegetation Monitoring The vegetation within the wetlands will be monitored using the line intercept methodology. A 300± feet long transect will be established in representative portions of each wetland area. A measuring tape will be stretched along the transect and the plants occurring directly below (ground cover) and above (mid -story and canopy) the tape will be recorded at 3± feet intervals along the transect. Ground cover species include woody vegetation less than three feet in height and all non -woody plants. Mid - story vegetation consists of all woody plants greater than three feet in height and less than 4 inches DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and open sky will also be recorded in this manner. The resulting data will be used to calculate percent cover of the three strata. G.2.f(2) Wildlife Monitoring Regular observations of fish and wildlife will be made during all monitoring events by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sighting, vocalization, nests, tracks, droppings, etc.). G.2.f(3) Photographic Documentation Permanent fixed -point photograph stations will be established in each of the monitored areas thereby providing physical documentation of the condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program G.2.f(4) Rainfall and Staff Gauge Recordings A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be recorded twice a month during the wet season (June — September) and once a month during the dry season (October — May). A rain gauge will also be established in the vicinity of the two freshwater sites. The mangrove restoration area is tidally influenced. Therefore staff gauge and rainfall data is not required for this component of the mitigation plan. EXHIBIT Appendix G: Emvironmentat Impacts And Proposed Mitigation Plans G.3 WETLAND FUNCTION BALANCE 16 Agenda Item No. 8B January 23, 2007 Page 179 of 260 The project proposes impacts, which will result in the loss of 25.8 functional units. These losses will be offset by the above - described mitigation program, which will generate 34 functional units. The 1.6± acre mangrove mitigation area, as well as basin -wide water quality improvements and the significant hydrologic enhancements described in the Region 5 narrative, will provide additional mitigation benefits. GA VEGETATION ASSOCIATIONS & LAND USES (FLUCCS CODES) DESCRIPTIONS The following list identifies the range of FLUCCS communities found within the overall project area. 100: Urban and built -up Urban and built -up land consists of areas of intensive use with much of the land occupied by man- made structures. 110• Residential —low density This category describes residential parcels that contain single - family dwellings. 119: Residential -low density under construction This category describes residential parcels that contain single- family dwellings that are currently under construction. 120• Residential — medium density This category describes residential areas with between two and five dwelling units per acre. 122: Mobile home units This category describes areas with mobile home units as dwellings. 129: Residential - medium densitv under construction This category describes residential areas with between two and five dwellings per acre that are currently under construction. 130: Residential - high_ density This category describes residential areas with more than six dwelling units per acre. 139• Residential-high density under construction This category describes residential areas with more than six dwelling units per acre that are currently under construction. jd EXHIBIT�-, Appendix G: Environmental Impacts And Proposed Mitigation Plans " ,Agenda Item No, 8B January 23: 2007 Page 180 of 260 140: Commercial and services This category describes the various commercial and service- oriented businesses within the project. 144: Cultural and entertainment This category includes both indoor and open -air theaters (such as motion picture theaters and those for live theatrical performances) and museums. Recreational facilities such as skating rinks and tennis courts dre not included in this category. 172: Religious institutions This category describes religious facilities including churches and schools. 175: Government facility All buildings and facilities which are identifiable as non - military governmental are included in this class. 177: Other institutional This category is reserved for facilities, which are unique in structure and location. In many cases, supplemental data is required for their correct identification; e.g. Elks Club, Masonic Lodge, V.F.W., etc. 182: Golf courses This category includes golf course fairways, greens and rough areas, clubhouse and maintenance facilities. 186: Communitv recreational facilities This category includes tennis courts, swimming pool, and associated recreational areas within developments. 210: Cropland and Pastureland This category includes agricultural land that is managed for the production of row or field crops and improved, unimproved and woodland pastures. Pastureland is used more or less for permanent livestock grazing. 211: Improved Pasture This is land that has been previously cleared, fenced, and periodically maintained (mowed, grazed) to support cattle. EXHIBIT6- Appendix G: Environmental impacts And Proposed Mitigation Plans 18 Aaenda Item No. 8B January 23, 2007 Page 181 of 260 213• Woodland pasture These areas of forestlands are used as pastures. Strong evidence of cattle activity, such as trails to feed bunkers, salt licks, and watering areas is required. 214: Row crops This category describes areas currently using row crop for agricultural production 240: Nurseries and vinevards This category is composed of nurseries, floricultural areas and seed - and -sod areas used perennially and generally not rotated with other uses. 243: Active nursery This category is defined as plants or shrubs grown for decorative effects. 247: Abandoned nursery This category includes areas that once were in production for nursery plants. The land is no longer used for nursery purposes and has been abandoned. 250• Specialty farms (horse farm) Specialty farms includes a variety of special or unique farming activities such as thoroughbred horse farms, dog kennels and aquiculture. 261: Fallow cropland This category includes harvested agricultural land not currently in crop production. 262: Low Pasture This disturbed transitional wetland community consists of previously cleared agricultural land that has become colonized with wetland species. Weedy wetland plants such as wax myrtle, marsh pennywort, frogfruit, carpet grass, and torpedo -grass are often common. 310: Herbaceous, ranseland -rock outcrop This category includes upland prairie grasses, which occur on non- hydric soils but may be occasionally inundated by water. These grasslands are generally treeless with a variety of vegetation types dominated by grasses, sedges, rushes and other herbs including wiregrass with some saw palmetto present. 321: Palmetto prairies These are areas in which saw palmetto is the most dominant vegetation. This cover type is usually ... found on seldom- flooded dry sand areas. These treeless areas are often similar to the pine flatwoods but without the presence of pine trees. 1==)(H1E11TG-m Appendix G: Environmental Impacts And Proposed Mitigation Plans ' Agenda Item No. 8B January 28, 2007 322: Coastal scrub Page 182 of 260 This scrub category represents a wide variety of species found in the coastal zone. A few more common components are saw palmetto, sand live oak, myrtle oak, railroad vine, bay bean, sea oats, sea pursuance, sea grape, Spanish bayonet and prickly pea. This cover type is generally found in dune and white sand areas. 324: Saltbush scrubland This vegetation community is a marsh with predominantly a shrub component. The shrub component is a combination of wax myrtle and saltbush in varying densities throughout these areas. Cattail and scattered buttonwood are also present. 411: Pine flatwoods — palmetto understory The pine flatwoods - palmetto understory class is dominated by a slash pine canopy. The common flatwoods mid -story species include saw palmetto, wax myrtle, gallberry and a wide variety of herbs and brush. 414: Pine — mesic oak This category occurs on moister sites, where slash pine grows in strong association with a wide variety of mesic oaks and other hardwood species. Laurel oak commonly grows along side slash pine under mesic conditions. Gallberry, wax myrtle and saw palmetto are among the common mid -story species. 416: Pine flatwoods — graminoid understory A slash pine canopy with scattered cabbage palm, myrsine, wax myrtle, and dahoon holly in the mid - story dominates these areas. Ground cover species often include wiregrass, yellow -eyed grass, swamp fern, Caesar -weed, panic grasses, muhly grass, sawgrass, rush fuirena, St. John's -wort, and blue maidencane. Saw palmetto, when present, is widely scattered. Vines include muscadine grape, poison ivy, and catbrier. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this type of habitat. 419: Scrubby pine flatwoods The dominant tree species are slash pine, scrub oak, sand live oak, myrtle oak, and Chapman's oak. The understory is dominated by satin palmetto and also contains rusty lyonia, and running oak. 421: Xeric oak In the xeric oak community scrub oak, sand live oak, myrtle oak, and Chapman's oak are the dominant tree species. Ground cover and mid -story within the area consists of running oak, rosemary, rusty lyonia, gallberry, buckthorn, pennyroyal, saw palmetto, and various lichens. Areas of exposed sandy soil are frequent. EXHIBIT c'.4vi Appendix G: Environmental impacts And Proposed Mitigation Plans Agenda Item -No. 8B January 23, 2007 Page 183 of 260 422: Brazilian pepper This exotic, pestilent tree species is commonly found on disturbed sites, this native of Brazil is also an aggressive invader of Florida's plant communities. Communities of these shrub -like trees are often established along borrow -pits, levees, dikes and in old disturbed fields. 424: Melaleuca This exotic tree species occurs in almost pure stands. It is an aggressive competitor; invading and often taking over a site, forming a dense, impenetrable stand. Melaleuca generally is an indicator of a disturbed site. 426: Tropical hardwoods This forest cover type is also refered to as tropical hammock. The common components of this community typically include some combination of gumbo limbo, mastic, stoppers, wild lime, strangler fig, lancewood, poisonwood, sea grape, marlberry and wild tamarind. _ 427• Live oak This forest community has a canopy dominated by live oak. Associates of this cover type include dahoon holly, laurel oak, redbay, and cabbage palm. Other vegetation in this area includes swamp fern, gallberry, wax myrtle, myrsine, wild coffee, and scattered saw palmetto. 428: Cabbage palm The area is nearly pure or predominantly cabbage palm and is found on sandy soils. Associates include a wide variety of large and small hardwoods. In south Florida, cabbage palm may be strongly associated with slash pine, and often occurs between areas of slash pine (FLUCCS 411) and cypress (FLUCCS 621). Shrubs may include wax myrtle, beautyberry, Brazilian pepper, and myrsine. 434: Hardwood — conifer, mixed This upland community is dominated by both oaks (live oak and laurel oak) and slash pine. Cabbage palm is also present in the mid -story. Ground cover is typically dominated by saw palmetto with areas vegetated by grape vine, swamp fern, green brier, and wild coffee. 437: Australian pine Contrary to its name, this species is actually a hardwood. Its name is derived from its needle -like leaves and its characteristic cone shaped crown structure. Australian pine was introduced to south Florida from Australia and is colonizing northward to the Tampa Bay area. It is common on disturbed sites, forming dense thickets, and is frequently planted as wind breaks and soil stabilizers. 511: Tidal creek This other surface water occurs at the down stream end of the basin. These creeks are lined by red mangroves on either side. E "XHIBITL-V Appendix G: Environmental Impacts And Proposed Mitigation Plans Z Agenda Item No. 3B January 23, 2007 513• Ditch Page 134 of 260 This category includes linear water bodies, specifically man -made small to medium -sized drainage ditches. The ditches are maintained largely free of vegetation. When present, vegetation consists primarily of cattail, torpedograss and spikerush. Common mid -story species associated with ditches on site include: melaleuca, Brazilian pepper, willow, wax myrtle, myrsine and cabbage palm. Ground cover species include: cattail, water hyssops, swamp fern, St. John's -wort, dotted smartweed, sundew, spikerush and widely scattered royal fern. 514• Drainage canals & ditches This category includes linear water bodies, specifically man -made canals and man -made small to medium sized drainage ditches. The canals and drainage ditches are maintained largely free of vegetation. When present, vegetation primarily consists of cattail, torpedograss, and spikerush. 515• Drainage swales and similar features These areas represent shallow drainage swales, drainage depressions, ditches, or similar shallow drainageways and often include berms along side these flowways. They are subject to intermittent inundation for variable lengths of time. Because of lack of maintenance, young trees and shrubs may establish themselves to the point of forming a scattered mid -story stratum. The ground cover stratum is dominated by a wide variety of ruderals and may have many open barren areas. Hydrophytes can dominate lower areas and may become prevalent during the vet season. Since these areas are undergoing primary succession, overall species composition is highly variable. 525: Cattle watering pond This category represents an upland -cut cattle watering pond. 526: Borrow pit ponds This category includes man -made open water areas that were formed by excavation for extraction of fill or for agricultural purposes. These areas are present only on the Lely Lakes property. The majority of these areas are found immediately west of the FPL easement near the north property boundary of the Lely Lakes property, These areas are predominantly shallow with minimal vegetation. Vegetation, when present, consists of torpedograss, cattail, and scattered spikerush, beakrush, and sawgrass. 527: Stormwater management lakes These areas are man -made open water bodies actively used as part of the stormwater management system. 528: Stormwater management detention /retention areas These areas are similar to stormwater management lakes (FLUCCS 527) but are much more shallow than the lakes. They are also man-made excavations actively used as part of the stormwater management system EXHIBIT�' Appendix G: Environmental Impacts And Proposed Mitigation Plans 22 Agenda Item No. 8B January 23, 2007 Page 135 of 260 542: Inland tidal vond This category consists of embayments that do not open directly into the Gulf of Mexico. These tidaI- influenced ponds are void of vegetation and typically surrounded by mangrove swamps and other salt - tolerant species. 612: Mangrove swamp This coastal hardwood community is comprised of black mangrove, and/or red mangrove, which are pure or predominant. The major associates include white mangrove, buttonwood, cabbage palm and sea grape. 617: Mixed wetland hardwoods In this forested wetland community no one single species is dominant. The dominant canopy speciets include cypress, red maple, laurel oak, swamp bay, cabbage palm, willow, and slash pine. The mr`ca- story typically contains canopy species saplings, myrsine, and waxmyrtle. Ground cover is typically comprised of species such as swamp fern, leather fern, crinum lily, sedges, grape vine, green brier,- and other wetland herbaceous species. 621: Cypress This community is composed primarily of bald cypress, which is either pure or predominant in the canopy. Red maple, laurel oak, redbay occurs occasionally. Dahoon holly, cabbage palm, and wax myrtle occur in the mid -story. Ground cover species may include swamp fern, chain fern, buttonbush, royal fern, pickerelweed, arrowhead, giant beakrush, buttonbush, and sawgrass. 624: Cypress- pine - cabbage palm This community includes cypress, pine and /or cabbage palm in combinations in which neither species achieves dominance. Mid -story and groundcover are usually similar to FLUCCS 416. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this type of habitat. 625: Hvdric pine flatwoods These areas are similar to FLUCCS 416, pine flatwoods- graminoid understory but occur at lower elevations and within hydric soil mapped units. These areas contain a slash pine canopy with scattered cypress, cabbage palm, myrsine, wax myrtle, and dahoun holly in the mid -story. Ground cover species often include wiregrass, sawgrass, swamp fern, rush furiena, maidencane, muhly grass, panic grasses and St. John's -wort in the groundcover. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this habitat. 630: Mixed wetland hardwoods and conifers This category includes mixed wetlands forest communities in which neither hardwoods nor conifers achieve a 66% dominance of the crown canopy composition. These areas typically have a mix of slash pine, cypress, cabbage palm, red maple, pop ash, laurel oak, sweet bay, and swamp bay. EXHIMid- BITS t; Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item No. 8B January 23, 2007 story species include dahoon holly, wax myrtle, and myrsine. Ground cover typicaffyig c�oinp'ri4d of sawgrass, swamp fern, shield fern, chain fern, beakrush, wild coffee, and swamp lily. 641: Freshwater marsh The communities included in this category are locally almost always surrounded by cypress. Freshwater marsh communities are characterized by having one or more dominant species. The most common species in southwest Florida include sawgrass, cattail, arrowhead, or fire flag. A "D" appended to this FLUCCS code indicates "disturbed ". Disturbances to the marsh have resulted from cattle use. Vegetation in the disturbed marsh area consists of smartweed, camphor -weed, climbing hempvine, and pickerelweed. 6411• Freshwater marsh, sawgrass dominant This category is found only on the FDEP property. These marshes are dominated by sawgrass. Other species include scattered aggregations of buttonwood, wax myrtle, and saltbush. 6412: Fresh water marsh. cattail dominant This freshwater marsh vegetation community contains predominantly cattails, considered a nuisance plant species. 6417: Shrub marsh Shrub marsh habitat is dominated by Carolina willow. This species dominates both the canopy and mid -story strata. Ground cover species typically include saw - grass, pickerelweed, arrowhead, and cattail. 642: Saltwater marsh This category is found only on the FDEP property. These marshes are not dominated by any one species. Vegetation includes sawgrass, cordgrass, and false - willow. 6429: Saltwater marsh, shrub dominant This vegetation community is a saltwater marsh with predominantly a shrub component. The shrub component is dominated with wax myrtle. Other species present include saltbush, black needle rush, black mangrove ( <5% cover), willow, leather fern, swamp fern, and sawgrass. 643: Wet prairie This classification is composed predominately of grassy vegetation on hydric soils and is usually distinguished from marshes by having less water and shorter herbage. 6461: Scrub /shrub wetland — willow /wax myrtle The canopy stratum in this habitat is largely absent. The mid -story is composed of willow in the depressions and wax myrtle and saltbush in the shallower fringes. The groundcover is composed of various hydrophytic grasses and fortis. Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item IVo. 8B January 23, 2007 Page 187 of 260 650: Saltern Salterns are found in the high salt marsh in areas of very high soil chloride concentrations. Most of the area consists of bare ground. Small patches of glasswort and sea purselane may also be present. 740: Disturbed land This category contains land that has been previously cleared by human activities. Vegetation, when present, includes assorted grasses, scattered tickseed, dog fennel, and ragweed. 742: Borrow areas This land use is found only on the Lely Lakes property. This shallow area was excavated to create the adjacent primitive dirt trail. The area is predominantly void of vegetation. However, where present, vegetation is comprised of torpedograss and cattail. _ 743: Spoil areas Spoil areas were created from excavation of borrow areas and ditches. Most spoil areas do not have canopy species present but may have Brazilian pepper and melaleuca present in the mid -story. Ground cover species are limited to scattered invading grasses and ruderals. 7461, lands, herbaceous cover This category contains areas that have been disturbed in the past and are currently dominated by various upland and wetland grasses, weeds and vines. 7462: Disturbed lands, shrub and brush cover This category contains areas that have been disturbed in the past and are currently dominated by a mid - story of various shrub and brush species. 748: Previously cleared land This area is south of the FDEP property and was previously cleared for creation of an elevated dirt road. The area was recently restored to the adjacent wetland grade. Although the area has been restored, it is predominantly void of vegetation. 7481: Previously cleared land, herbaceous cover These areas were previously cleared of canopy and mid -story species. Most areas are void of canopy species but may have widely- scattered Brazilian pepper, wax myrtle, melaleuca and saltbush present in the mid -story. Ground cover species are limited to grasses, sedges and invading ruderals. 7482: Previously cleared land, shrub and brush cover These previously cleared areas are void of canopy species. Mid -story species include Brazilian Pepper, wax myrtle, slash pine, cypress, melaleuca and saltbush. Groundcover species are limited to grasses and sedges and invading ruderals. EXHIBITG-v Appendix G: Environmental impacts And Proposed Mitigation Plans Agenda Item No. 8B January 23, 2007 811: Airports Paae 188 of 200 This category was used for the private aircraft runway associated with the Wing South development off Rattlesnake Hammock Road. 814: Roads and highways This category includes all asphalt paved roads and highways. 8145: Improved, unpaved roads This land use is found only on the Lely Lakes property. These are unpaved rural roadways comprised of soil (typically sand), crushed shells, and/or crushed Iimestone. Most have drainage swales or ditches running along either side of the roadway. 8146: Primitive dirt roads /trails This category is found only on the Lely Lakes property and is applied to off -road dirt trails and "roads" wide enough to segregate in mapping. They lack drainage improvements and a stabilized sub - grade. These trails and roads tend to be narrow and are used by infrequent vehicular and/or pedestrian traffic. The trails are predominantly non - vegetated. When vegetation is present, it is limited to scattered invading grasses and ruderals. 8147: Unimproved, unpaved road These areas are unimproved, unpaved rural roadways comprised of soil with no crushed shell and /or limestone base. Most have drainage swales or ditches running along either side of the roadway. 821: Transmission towers Microwave towers are typical in this category 822: Communications facilities This category includes transmitter stations, telephone exchanges, antenna farms, etc. 830: Utility Utilities usually include power - generating facilities and water treatment plants including their related facilities such as transmission lines for electric generation plants and aeration fields for sewage treatment sites. Small facilities of those associated with an industrial commercial or extractive land use are included within these larger respective categories. 831: Electric power facilities This category includes hydropower, thermal, nuclear, gas turbine plants, transformer yards, sub- stations, etc. Appendix G: Environmental Impacts And Proposed Mitigation Plans 832: Electric rower transmission line 26 Agenda Item No. 8B January 23, 2007 Page 189 of 260 This category is reserved for linear Florida Power and Light Company electric transmission easements. 8321 • Electric Rower transmission line- herbaceous cover This category is used to map areas cleared along the electric power line easement where there are few shrubs and trees present but there remains significant cover by herbaceous plant species. This occurs along the FPL,easement on the Lely Lakes property and adjacent FDEP properties. These areas are dominated by ruderal herbaceous vegetation. Woody species, including small trees and shrubs, do occur but are widely scattered and do not achieve dominance. Plant species composition can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and frequency of maintenance (e.g. bush - hogging, mowing, clearing, etc.). 8322• Electric power transmission line- shrub/brush cover This category is used to describe areas cleared along the FPL power line easement where there are scattered shrubs and/or young sapling trees remaining. In some places there is no canopy stratum present and the area is dominated by smaller woody species (shrub and brush cover) which often are not large enough to form a true mid -story stratum. In other areas, trees or canopy stature remain and for sufficient cover to designate the area as forested. The ground cover consists of a variety of ruderal herbaceous vegetation and smaller woody species (willow, Brazilian pepper). Species composition can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and frequency of maintenance (e.g. bush- hogging, mowing, clearing, etc.). Following a maintenance event, these areas could be re- classified as FLUCCS 8321. 8323: Electric power line - forested cover This FLUCCS category is used to map areas along the electrical power line easement where a forested system still remains. Species composition can vary tremendously depending on location along the electrical power line easement, topography, hydrologic conditions, and adjacent undisturbed plant communities. The sub - canopy in these areas is predominantly Brazilian pepper with willow and saltbush in lower areas. 8324: Electric power lines — access road This land use is the access road that was created along the electrical power line easement. The access road is comprised of soil (typically sand), crushed shells, and /or crushed limestone. A drainage swale and /or ditch runs along either side of the road. 8325: Electric power lines —water bodies This FLUCCS category is used to map man -made open water areas along the electrical power line easement. These areas are found only on the Lely Lakes property at the north end of the FPL easement. These water bodies were formed by excavation for extraction of fill or for agricultural purposes. The areas are predominantly void of vegetation, however, when present, vegetation s consists of torpedograss, cattail, and scattered spikerush, beakrush (Rhynchospora spp.), and tl�s EXHIBIT6l .z Appendix G. Environmental Impacts And Proposed Mitigation Flans — AgencYa item No. 83 January 23, 2007 8341: Sewage treatment plant Page 190 of 260 This category describes the sewage treatment plant and associated ponds and structures. G5 LISTED WILDLIFE SPECIES It is important to note that the majority of the improvements to the existing drainage system are located in previously developed residential areas, mostly along established roadways and associated drainage features. With the exception of Region 5, as noted earlier, no project - specific listed species surveys have been conducted in association with the areas impacted by the propose improvements. However, during the vegetation and wetland mapping, WilsonMiller biologists performed a cursory review of each impact area and noted the observed wildlife and plant species. No indications of any species listed by the Florida Freshwater Fish and Wildlife Commission (FWC) were present, nor were any indications of appropriate habitation observed at the impact locations during these field surveys. It is important to note that the project area is now developed and developing to a significant degree even without the Lely Area Storm Water Improvement project. This project proposes to serve a public benefit by accommodating necessary stormwater management functions. On this basis, no direct or indirect impacts to listed species are anticipated in association with the proposed improvements. No. 8B 2 3, 2007 Page 1 I of 260 WESIPORT ... .... COMMERCE CE X-1 CED MOCK ...... .... SANTA BARBARA BLVD. 1 ........... ......... . X CR 951 CE GO NTR ........... ... .......... ....... ..... ....... ... ... ...... ....... Lo NATION CLUB .... ............ ..... ................. ........ . . .................. ............... -HI 1 11 .......... ............ .......... F7 CLUB ESTATES -X FTL� ICACRE . . . . . . GATION S 99ACOLE MITIQATION SJTE + ---------- NAP ES CO Y CLUB ..... ..... ..... ......... RATTLESNAKE HAMMOCK RD. Note: Base map and m1figation she knformadon received ILF I Pan) - In from Agnoll, Barber & Brundage, inc. and Collier County T 9 1 rl Government Webafte. E A n d&.WN-WIMWWt 41M 3399 4941) 3ST-1M vaw Q� OW. Figure G-1. 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Cb - - - - - - - - - - 0 L-U -0 r- -0 r- < LU 0. 0) M. CO 0 c M c M >� :" D r- M M 00 f-- p —E C; IFS zE� W F- L) CL -V Q WL Ar z M z LL � 9 e- �.O, Ie LU 0 -.-C, -010 c LLI C! c U) 0 O 0 IV N cn 0 C 0 L) U- � s 69 "or 5 0 - L) D L) 19 C a) w — 0) -1 04 q U 'i cq ta C14 a LL E -i U- LU M 0 t 0 v? LL Ui on LL LL 0:0 w v 0 0 � — 0 0 LL L) T- V 0 w co Agenda Item No. RE 1-6 7 January 23, 201 Flage 195 o8H 11140 In 0 '0 ._.{tit 9 z -6 W LIJ x W w w x x LD W 01 .! z 0 0 M LO Lr) CIO c) A 0 N to X W w W LU LL � 9 e- �.O, Ie Nc -.-C, -010 ci (q Nt C! M 0 O 0 IV N cn 0 C 0 CD to OD I I cn C4 L) Ui 04 q U 'i cq ta C14 C14 0 N a) CD CO co 4r- 0 z z E 1c, M to LU U) a tv a L) z Ui LU -j 8 M E E E x, a) - E -6 =cu =Z: - 1 6 O t0 E u E i-11 a, mr- .2 a) .2 M. c Z 0 Z M a M 7E 'E = ID CD P 0. Cb < L-U -0 r- -0 r- < ca 0. 0) M. CO 0 c M c M >� :" D r- M M 00 f-- p —E C; IFS zE� W F- L) CL -V Q WL Ar z CD LLI LLJ cr- w U1 M w W- cr = z -6 W LIJ x W w w x x LD W 01 .! z 0 0 M LO Lr) CIO c) A 0 N to X W w W LU IL ch cn "a r. M CD ti -j LL F<- \ - .,o ea P. r-- -.-C, -010 O0 N M co M CN CD to OD I I 07 C4 L) c; cj 4r- 0 z E UJ W 0 "E a) L) z CD LU -j E x, a) - E -6 =cu =Z: LU E i-11 E 0) - 9 2 cc (D W Uj Cb zz cs.G=cM== 2 W 0. Cc M .2 c W ca <Ui M C6 = a 0 w M 0 Lru- p L) CL -V Q WL Ar CD LLI z w W- cr = L<) U) LU < IL ch cn "a r. M CD ti 416E3 624 Cyprsas-Pine- Cabbage Pakn 630 Mbrad Wetland Hardwoods& . Conihrs 624E3 .621E1 411 E2 ' 411E1 416E3' 416E2 - 630E2 743 428E2 428E2 427E1 _ 422. 426E1 ,� = MITIGATION AREA FLUCFCS LEGEND 411 Pine FMMVC ds ' TOTAL- 1.6 0 416 Pine Ffatwoods. Garaminoid understory 416E3 422 B—Man Pepper . 426 Tropkal Hardwoods 416E3 427 Live Oak 428 Cabbage Palm 612 Mangrove 617 Mbod Welland Hardwoods 621 Cypress 624 Cyprsas-Pine- Cabbage Pakn 630 Mbrad Wetland Hardwoods& . Conihrs 624E3 .621E1 411 E2 ' 411E1 416E3' 416E2 - 630E2 743 428E2 428E2 427E1 _ 422. 426E1 ,� = MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL '514 Drainage Canal 1.2 46.2% 743 Spoil Areas 0.4 15.4% TOTAL- 1.6 0 ' Potential Other Waters Wettand Outside the Mitigation Area Figure G -3. Mangrove restoration mitigation area existirn 0 Kevin L. Erwin�� -� Consulting Ecologist, Inc. 20"D 11 PMbwq Port Mya Fab. S3901 (941) 337.1! Agenda Item No. 8B January 23, 2007 Page 197 of 260 DRAFT DOCUMENT DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day Of , 20 , by Collier County Board of County Commissioners (address) 3301 Tamiami Trail East Naples FL 34114 ( "Grantor') to the South Florida Water Management District ("Grantee "). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A, a sketch and legal description of the 99 acre parcel of land situated south of the Club Estates (a subdivision recorded in Plat - Book 31, Pages 78 -80) and referred to as the "North parcel" in the N112 of Section 15, Township 50 South, Range 26 East, Collier County, Florida; Exhibit B, a sketch and legal description for a 10 acre parcel referred to as Tract C5 of the Naples Heritage Golf and Country Club Phase One (a subdivision recorded in Plat Book 26, Pages 73 -80) located at the north end of the Wing South Airpark runway in Section 9, Township 50 South, Range 26 East, Collier County, Florida; Exhibit C, a sketch and legal description for a 1.6 acre parcel located at the terminus of the existing Lely Main Branch Canal in Section 25, Township 50 South, Range 25 East, Collier County, Florida; and Exhibit D (location map identifying all three mitigation parcels within the Lely Area Stormwater Improvement Project) attached hereto and incorporated herein ( "Property"); and WHEREAS, the Grantor desires to construct the (name of project) Lely Area Stormwater Improvement Project ( "Project ") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and WHEREAS, District Permit No. ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and /or upland systems on the Property; and Standard Passive Recreation form — July, 2001 Pale I of 5 EXHIBIT 74 Agenda Item No. 8B !anuary 23. 2007 Page 198 of 260 411 Pins Fiabroode 416E3 416 Pine Flabaoods. Graerinald _ - -. 422 Brazilian Pepper 426 TropW Hardwoods .416E3 427 Lire Oak 428 Cabbage Palm '416E3 i - 527 storm WswManagement Lake 411 E1 -- 612 Manpore 617 Mimed Wetland Hardwoods 621 Cypress 624 Cypress- Pins•Cabbage Palm 63D Mixed Welland Hardwoods& 411 El CoNhrs 624E3 r 621E1_ 416E r r r 411 E2 630E2 ,-52T - — 743 426E1 630E2, 692. + MITIGATION AREA 612 .. 612 514 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL '612 Mangrove Swamp 1.6 100.0% -- 'Wetland Wetland Outside Mitigation Area Surface Waters Outside Mitigation Area Figure G -5. Mangrove restoration mitigation area proposed \ c Kevin L. Erwin Consulting Ecologist, Inc. 1077 eay8i"P- WMV Far ki"M fwnes 33901 (tal) --- '� Agenda Item No. 8B January 23, 2007 Page 199. of 260 DRAFT DOCUMENT b. Dumping or placing of soil or other substance or material as or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but- not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: L Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; Standard Passive Recreation form — July, 2001 Page 3 of S EXHIBIT7c' Agenaa Item No. 8a January 23, 2007 Page 200 of 260 DRAFT DOCUMENT WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (2000), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever: The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; Standard Passive Recreation form — July, 2001 Page 2 of 5 EXHIBIT-71a W LJ DRAFT DOCUMENT ii. Such facilities and improvements shall maintained utilizing Best Management Practices; Agenda Item No. 8B January 23, 2007 Page 201 of 260 be constructed and iii. This conservation easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. Standard Passive Recreation form — July, 2001 Page 4 of 5 EXHIBIT Agenda Item fro. 83 January 23. 2007 Page 202 of 260 DRAFT DOCUMENT 12. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of his conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Collier County Board of County Commissioners has hereunto set its authorized hand this day of , 20 ATTEST: Dwight E. Brock, Clerk BY: Deputy Clerk (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: BY: Thomas C. Palmer, Assistant County Attorney South Florida water Management District Legal Form Approved: Date: July, 2001 Modified by Collier County March 2004 Standard Passive Recreation form — July, 2001 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is a Paae 5 of 5 Donna Fiala, Chairman H Z LAI XV O W W 00 Q Q 00 W�- r- WZWL:;. U— M <QJ� 4- >> (h wLxJ to � M 0 U 6 FA1133S 30 3Nll AlM31Stl3 \ Z9'20L -- V- W W Q � N � Ia O o ❑ in Ir W 1-, � N � m .� tL W C:) W ti In 2Y001 Pa Z W U Lj N W = M W U W to 1, 03 O U D l7 W J W 4 (n Q z 0 S N Q W 4 Z L7 a? F- < > L'i w W N c/7 W Z J U Q Z r� lI I I 1 3 1 G I C I � u W I 1 I N I T i C] a �S 4 N w W a a a x a z a 0 0 > W , a 7 O w I w z fn I c ¢ d J I W Li t u I I A N z 01 I � z I 1 i° Z I C W = J i A ❑ a In J W I a+ M v Y a 0. AdVd�IId Hines DNI/,% r w J LL 0 Li d' W S H N J Q F v W A Z Q W w W z l •" W F- Q z a Q N cr z w W z Z 01 0 1 r W PQ > 0! h D Pa � 2 x� W ❑ Z W K W Q D CS Q 1- M Q ❑ U J 2 W 0 ❑ r w z i n W L, w J ❑ W U , J Y W J cn a « U U q Q W � q C3 Vl � N W « Q � CL = N Z - W C:) ❑ 0 N N q a w U i V ti o O p N « w O in a a a N I- z V, 3 Q o W ~ = IT Z) ❑ Zz W U = w r to Agenda item No. 6B January 23, 2007 Page 203 of 260 a Q v, f N N w J W Q, to O Q IY W a « a o r In r- w � « CL a ° U-) 4- o I}- W Z °Q ❑ Q ❑ J U 0 w 3 J Q J W CD U W W x x I- F N O Z w ❑ L� .. 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J° a N � y J Z m J N ❑ fl N HJ Z =J Nf^ W �A ih a Wu O, Y. :TWO Q W �❑ Q Z u ¢w ^ 'W] W I Z Z T Q I O W =� W F-❑ U JK ZFD ��.'l. r WZJ I a❑ ° apz W ^� m xZ "M v,o7 I Upl7 W�� NpIL O W A z W J a NQ Z W r Z W QW y <Q J W InON p='1' O CZ W Q ZU1. la W 'A a E fl ", 3 OV W j¢ Z t< Z� W W Om m Wp id p = � oa•- I pUO o z ni FZ Op -v-.W N =1-WW ZN O >O• ZN Z p U ^ U O, WSJ W K3 JO W W ��¢ Y �Iv W =aa Ca > W JJ J K>_ ❑I-� WIfiW W. 3�3z' 1N Z,, oZ Om ZJ� <U W U Uo = I=-' m�Tm W W Z In L- < aN O -WW L:) 100 = Zt- Z W� u� XNA J3 r.p N uJ 4 Z o•<p alp <l zz oma ❑Q ' C W W W W z Z <> U q 0 J Z Z �^ I/� . Q Z Z Z Z W W W_ W W - z a& 71 l❑ Agenda item No. 8B January 23, 2007 �} Page 204 of 260 0 IT vm► R `''! W G E O W Z Z J � W O H H W I � J 2 W � U O •W W a UZ Z2 ih a Q W f W ^ H m ^C Q Z u ¢w ^ 'W] W I Z Z m Q I Z ZD W V S Z l7 Z W I Z Mo � W QW y Z a O C` 'A Z q v z R j¢ tl II q Z id G U IY H JW a s 9 Oa p A �Iv ^ ni ri 0 IT vm► R `''! II �5� gend Item No. 8B <zN JanL ary 23, 2007 205 of 260 �� gopkoo��� C�jY 1111401.21" 1 =bxx rr iii a U H U a V�Z; 1" w h Ilk z W V�Z; 1" w h Ilk N SCALE: N.T.S. Agenda Stem No. 8B Janua, y 23, 2007 Page 206 of 260 PROPOSED MITIGATION PARCELS EXHIBIT "D" a RADIO ROAD T49 S TSoS I pw w NY: _= xou .:i k hM.�IrY �wea 7� � iai �sw� U Agenda Item No. 813 January 23, 2007 Page 207 of 260 BEFORE THE GOVERNING BOARD OF THE . ` SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: ORDER NO. SFWMD 02- DAO -SWM MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA, TO OPERATE WATER CONTROL STRUCTURES OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN RESPONSE TO DEFINED EMERGENCY TRIGGERS ( SFWMD PERMIT NO. 11- LELY AREA STORMWATER IMPROVEMENT PROJECT, COLLIER COUNTY) Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this Memorandum of Understanding (hereinafter referred to as MOM for the operation of a Public Stormwater Management System for the LeIy Area Stormwater Improvement Project (hereinafter referred to as LASIP) in anticipation of, or in response to, defined emergency - triggers is being entered into by the South Florida Water Management District (hereinafter referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by SFWMD under Chapter 373, Florida Statutes. STATEMENT OF FACTS 1. SFWMD is a public corporation of the State of Florida existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes, and Title 40E, Fla. Administrative Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida Statutes. 2. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the Florida Legislature and given those powers enumerated in Article VIII, Section I, of the Constitution of Florida, as amended and supplemented and applicable provisions of Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301 East Tamiami Trail, Naples Florida 34112. 3. SFWMD and COUNTY desire to hereby arrive at an understanding that will establish guiding principles for the regulation and usage of each operable control structure for the benefit of the COUNTY, provided that the operation of all operable LASIP control structures as identified in Attachment "A ", is carried out in accordance with the terms, conditions and defined emergency trigger /parameters contained in the Permit. Such Emergency Structure Operation is proposed by the COUNTY in order to alleviate flooding wherever possible without causing unacceptable adverse water resource impacts. D R V YD SUBMITTAL . �RRLlCATtQW Nt�t�►'��P, Page 1 of 15 FORT MYERS SERVICE CENTER j Achan ,'" 07 Page 208 of 260 S SERVICE- CENTEP COUNTY RESPONSIBILITIES 4. COUNTY shall strictly comply with the conditions contained in any SFWMD permit for the operation of all LASIP Emergency Structures and this MOU. COUNTY shall be required to obtain a Permit modification from SFWMD, and if applicable, a modification to this MOU for the construction and operation of any Emergency Structure(s) not currently permitted for such use. 5. COUNTY will be the sole contact agency to SFWMD for the operation of the LASIP Emergency Structures. All requests to operate the LASIP Emergency Structures are to come from only COUNTY and not the residents of developments in the area. It shall be COUNTY's obligation to inform all residents of the provisions of this MOU. 6. COUNTY shall at all times maintain lock mechanisms on the control mechanisms for the LASIP Emergency Structures in order to prevent unauthorized operation. COUNTY shall provide SFWMD/Big Cypress Basin field maintenance staff with a copy of the key or code necessary to unlock same. 7. COUNTY shall be responsible for the enforcement of the prohibition against unauthorized or improper operation of the LASIP Emergency Structures. If it is determined by SFWMD that operation of the LASIP Emergency Structures were improper or unauthorized, COUNTY shall take whatever steps are necessary to ensure the LASIP Emergency Structures are closed and secured if instructed to do so by SFWMD, until a mutually acceptable solution is agreed upon by the parties. 8. During the review process of COUNTY's application to construct and operate the LASIP Emergency Structures, which is resulting in the issuance of an Environmental Resource Permit ( "Permit "), COUNTY and SFWMD considered what adverse flooding and water resource impacts, if any, the operation of the LASIP Emergency Structures may have on downstream users. This joint consideration resulted in a finding that no significant adverse flooding or water resource impacts are anticipated to the downstream system users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD rule, does occur or is anticipated to occur to downstream system users as a result of the operation of the LASIP Emergency Structures, SFWMD may, at its discretion, prohibit the continued operation of the Emergency Structure until such time as COUNTY receives SFWMD approval by either an amendment to the Permit and /or this MOU in order to eliminate such unacceptable and adverse impact. 9. COUNTY shall consider water conservation each time it operates or requests authorization from SFWMD to operate the LASIP Emergency Structures. It is the intent of both COUNTY and SFWMD to conserve fresh water supplies. 10. Requests to operate the LASIP Emergency Structures at any stages other than those listed in the Permit or Attachment A of this MOU, may be considered by SFWMD if there is a APPLICATION NUMBS EXHIBIT rkk I W 9 8 0 8 2. g 4 Page 2 of 15 Agenda Item No. 8B January 23, 2007 Page 209 of 260 declared emergency or disaster in effect. Such declaration may be issued by a governmental entity or agency. In addition, SFWMD may determine that conditions adversely impacting public health, safety, welfare or property exist which warrant operation of the LASIP Emergency Structures. 11. All LASIP Emergency Structure operational activities contemplated by this MOU shall be implemented as set forth in the plans, specifications and performance criteria as set forth in the Permit. Any deviation from the authorized activities and the conditions for undertaking said activities will constitute a violation of the Permit, this MOU, and Part IV, Chapter 373, Fla. Stat. 12. COUNTY shall require the contractor that it uses to install the LASIP Emergency Structures and COUNTY's staff to review and become familiar with the terms and . conditions of the Permit and this MOU. _ 13. Activities contemplated by this MOU or the Permit shall be conducted in a manner that does not cause violations of State water quality standards. COUNTY shall implement - best management practices for erosion and pollution control to prevent violation of State water quality standards at the LASIP Emergency Structure sites. Temporary erosion control shall be implemented prior to and during construction of the LASIP Emergency Structures and permanent control measures shall be completed within 7 days following such construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the work authorized by the Permit. Turbidity barriers shall remain in place at all locations until such LASIP Emergency Structure construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, Fla. Admin. Code, unless a project - specific erosion and sediment control plan is approved as part of the Permit. COUNTY shall correct any LASIP Emergency Structure construction or operational related erosion or shoaling that causes adverse impacts to the water resources. 14. Within 30 days after completion of construction of the authorized Permit activity, COUNTY shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. The submittal shall serve to notify SFWMD that the LASIP Emergency Structures are ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, a copy of the approved drawings must accompany the certification with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. A registered surveyor shall certify all surveyed dimensions and elevations. ADDUREVIS1W SU MITfAL ft AV APPLICATION NUIVQ r,,R "_U Page 3 of 15 FORT MYERS SERVICE CENTER Agenda Item No. 8E January 23, 2007 Page 210 of 260 15. Should any other regulatory agency require changes to the construction or operation of the LASIP Emergency Structures, COUNTY shall notify SFWMD in writing of the changes prior to implementation so that a determination can be made whether a modification to the Permit and/or MOU is required. Changes requiring a modification to the Permit and/or this MOU shall not be made until approved by the SFWMD. 16. This MOU does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this MOU. This MOU does not convey to COUNTY or create in COUNTY any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by COUNTY, or convey any rights or privileges other than -those specified in the MOU and Chapter 40E -4 or Chapter 40E -40, Fla. Admin. Code. 17. COUNTY shall obtain a Water Use Permit prior to LASIP Emergency Structure related construction dewatering, if applicable, unless the work qualifies for a General Permit pursuant to subsection 40E- 20.302(4), Fla. Admin. Code, also known as the "No Notice" rule. 18. COUNTY shall hold and save SFWMD harmless from any and all damages, claims, or liabilities that may arise by reason of the alteration, operation, maintenance, removal, abandonment or use of the LASIP Emergency Structures authorized by this MOU. Nothing contained herein shall be construed as a waiver by COUNTY of the liability limits established in Section 768.28, Fla. Stat. 19. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the LASIP Emergency Structures or the real property on which the LASIP Emergency Structures are located. All transfers of ownership are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, Fla. Admin. Code. COUNTY shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the property containing the LASIP Emergency Structures or the ownership or control of the LASIP Emergency Structures. 20. Upon reasonable advance notice to COUNTY, SFIXWD's authorized staff with proper identification shall have permission to enter, inspect, sample and test the LASIP Emergency Structures to ensure their conformity with the plans and specifications authorized by the Permit. 21. If historical or archeological artifacts are discovered at any time on the project site, COUNTY shall immediately notify SFVi MD's West Palm Beach Service Center. 22. COUNTY shall immediately notify the SFVti7MD's Environmental Resource Compliance Department, in writing, of any previously submitted LASIP Emergency Structure information that is later discovered to have been inaccurate at the time of submission. Agenda Item No. 8B January 23, 2007 Page 211 of 260 SFWMD RESPONSIBILITIES 23. SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY for authorization to operate the LASIP Emergency Structures, and shall respond within a reasonable time period, in order to ensure the operation is in accordance with this MOU and the applicable Permit conditions. 24. SFWMD shall coordinate with COUNTY to ensure compliance of SFWMD rules and policies for the operation of the LASIP Emergency Structures. JOINT RESPONSIBILITIES 25. COUNTY and SFWMD shall each designate, in writing, a principal contact person to coordinate the provisions of the Permit and this MOU. 26. COUNTY and SFWMD shall meet in January of each year to assess compliance with the - Permit and this MOU and its effectiveness in achieving the above stated objectives. Any concerns with the terms and conditions of the Permit, this MOU or any problems with implementation shall also be addressed at these times. SFWMD shall be the entity responsible for coordinating the meeting schedule. 27. COUNTY agrees that any future permit applications for construction and /or operation of the LASIP Emergency Structures shall be consistent with this MOU. or the MOU may be modified accordingly. All future permit applications shall be consistent with the MOU including the following principles: a. All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity.. shall be EX.JJ)J B-�'11T 9 to Page 5 of 15 b. r 4. All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity.. shall be EX.JJ)J B-�'11T 9 to Page 5 of 15 Agenda item No. 88 January 23. 2007 Page 212 of 260 responsible for the remaining portions of the water management system within the boundaries of the private development. 28. COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as set forth in the Permit, to determine when a situation is considered to be an emergency. In the context of this MOU, "emergency" is defined as a situation when immediate action is necessary to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 29. COUNTY, as the operator of the LASIP Emergency Structures, has in its application, submitted an operation schedule that identifies the critical elevation that causes an emergency to exist and identifies why this elevation constitutes an emergency. It also submitted information pertaining to other alternative solutions that have been implemented or rejected. 30. COUNTY, as the operator of the LASIP Emergency Structures, has demonstrated through calculations, that the downstream conveyance capacity of associated surface water management systems is available to accept the anticipated flow if the Emergency Structure is opened during an off peak condition. It is the intent of this MOU, that such calculations be based upon COUNTY's analysis of the system under its control and associated systems, excluding the SFWMD's system. SFWMD will assist in respect to analyzing the impacts to its system. 31. If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the conditions established by this MOU, SFWMD may require measures that render the LASIP Emergency Structure inoperable. If the measures required by SFWMD to render the LASIP Emergency Structure inoperable result in physical damage or impairment to the LASIP Emergency Structure, the SFWMD shall be responsible to reimburse 32. J OC ¢ w f- z w U � c a w Q w 0 a o� COUNTY for all costs associated to restore the LASIP Emergency Structure back to operable status after a mutually agreeable resolution of the improper usage has been established. COUNTY shall conserve fresh water whenever possible. However, it is recognized that there may be certain emergency circumstances that warrant lowering of the LASIP stormwater management system component water levels below control elevation for a period of time, such as a situation where, to minimize flooding, SFWMD is opening its gates to lower canal water levels in anticipation of major rain events (e.g. tropical cyclones). In the absence of being able to get previous approval from the SFWMD and in such emergency circumstances, COUNTY may operate the LASIP Emergency Structures as it deems necessary during such emergency circumstances to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. The COUNTY has the authority to determine the appropriate water level that should be used during the use of the LASIP Emergency Structures in such emergency situations. The COUNTY shall notify the E%IU LT AnT I B Page 6 of 15 Agenda Item No. 8B January 23, 2007 Page 21 . Qf 260 SFWMD within twenty -four (24) hours of the termination of such emergency conditions of any LASIP Emergency Structure operational measures the COUNTY undertook without prior notice and approval of the SFWMD. In older developed areas with substandard water management systems that do not meet SFWMD's current flood protection design criteria, SFWMD staff will consider the lowering of ditch or canal levels below existing control levels in advance of an approaching storm or anticipated heavy rainfall. MISCELLANEOUS PROVISIONS 33. This MOU may only be amended by mutual written agreement of the governing body of COUNTY and the Governing Board of the SFWMD, which amendments may include, but are not limited to, those needed to authorize changes in the LASIP Emergency. Structures' operational parameters, physical modifications to LASIP Emergency Structures, or termination of the MOU as the result of a finding that there is no potential for a negative impact to a SFWMD managed canal, as the two governing bodies deem necessary in order to address adverse water resource impacts or impacts prohibited in- Rule 40E -4.301 or 40E- 4.302, F.A.C., if any. 34. In the event it is determined that operation of the LASIP Emergency Structures are causing unacceptable adverse impacts to the water resources or impacts prohibited in 40E -4.301 or 40E.4.302, F.A.C., the governing body of a party hereto, following such finding, may terminate its participation in this MOU by either mutual written agreement with the other party or by providing one hundred eighty (180) days prior written notice to the other party; provided that any such termination by the Governing Board of SFWMD shall only be effectuated through the revocation of the Permit, or applicable LASIP Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429 and 120.60, Florida Statutes. 35. Further, after consideration of the most economically efficient options available for protection of water resources, the Governing Board of SFWMD may order, as an aspect of its revocation of this MOU and the subject Permit or applicable LASIP Emergency Structure portion thereof, as the case may be, that: (A) the emergency operation component of the LASIP Emergency Structure be removed, or (B) the LASIP Emergency Structure be modified to permanently prohibit usage by operation. 36. Notwithstanding this condition, in no event shall any provisions of this MOU prohibit or undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water resources or impacts prohibited in Rule 40E -4.301 or 40E- 4.302, F.A.C. 37. This MOU, together with the Permit, incorporates, embodies and expresses all agreements and understandings regarding the LASIP Emergency Structures between SFWMD and COUNTY, and may not be altered except as authorized in paragraph number 33 above. ADDUREVISED SUBMITTAL. APPLICATION NUMBER �Page 7of15 E CH4 BfT FORT MYERS SERVICE CENTER 5 Agenda Item No. 8B ,January 23; 200 Page 214 of 260 38. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU and the Permit. 39. Nothing in this MOU, whether expressed or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this MOU. 40. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this MOU. 41. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit, the provisions of the Permit shall prevail. 42. The Governing Board of the SFWMD authorized its Executive Director, or designee, to execute this MOU. NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 4013- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWIr M Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final ageUGWac Lp%EJWition t E APP�1�1C,�i�IOW NUKARFR Page 8 of 15 AUG 0 190SUBI 3 Agenda Item No. 813 January 23, 2007 Page 215 of 260 substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla, Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. C. Administrative Complaint and Order: If a Respondent objects to a SFVdMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is servo. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule - 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP, Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120:57(2), Fla. Stat., as provided in subsections a, and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28- 107.005 and 4013- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g, below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the COUNTY may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWNM's final action may be different from the position taken by it previously. Persons Ml L APPLICATION NUMCIEP 980828-1 Page 9 of i s AUG 0 5 2003 r7f1DT KAVCD(Z 4Z170ViPr tICKITCR Agenda Item No, 8EB January 23, 2007 Page 216 of 260 whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E- 1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. Circuit Court 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15`h Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. District Court of Appeal 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFNVMD Clerk within 30 days of rendering of the final SFWMD action. Land and Water Adjudicatory Commission 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla, U P� "Opt 10%ATi 980828- 1 Page 10 of 15 AUGQ� co p-T MYFRS SERVICE CENTER Agenda Item No. 8B January 23, 2007 Page 217 of 260 Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAWAC within 30 days of re=ndition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFV;WM or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. Private Property Rights Protection Act 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Sub9ectian 70.001(4)(a), Fla. Stat. _ Land Use and Environmental Dispute Resolution 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Scat, to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. Mediation 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28- 106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) The name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) A statement of the preliminary agency action; (3) An explanation of how the person's substantial interests will be affected by the agency determination; and (4) A statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial 980828-1 Page Agenda Item No. 8B January 23, 2007 Page 218 of 260 have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. Variances and Waivers 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) The caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) The applicable rule or portion of the rule; (e) The citation to the statue the rule is implementing; (f) The type of action requested; (g) The specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) A statement of whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat, pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) The specific facts that make the situation an emergency; and b) The specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. Waiver of Rights 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28- 106.201 Initiation of Proceedings (Involving Disputed Issues of Material Fact) EX APPLICATION :.11- 15•Rt� rs u 101 p l�, p4 980828— f age 12of15 p V1SED SUBMITTAL " -if U D� 1. FORT MYERS SERVICE CENTER Agenda Item No. 8B January 23, 2007 Page 210 of 260 (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determ ination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. 28- 106.301 Initiation of Proceedings (Not Involving Disputed Issues of Material Fact) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 Suspension, Revocation, Annulment, or Withdrawal (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42- 2.013Request for Review Pursuant to Section 373.114 or 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a parry by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of servi c #ip ED b/{ {TTAL i ;R -=PA e 13 of 15 AUG 0 5 2W3 FORT MYERS SERVICE CENTER Agenda item No. 8B January 23. 2007 Page 220 of 250 subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 Emergency Action (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40e -1.611 Emergency Action (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. ! t*fv? 1tATi0W WE3140 "M lbw EX Do", Tw_w; 8 AL low- AUG 4 Page 14 of 15 FORT MYERS SERVICE CENTER Agenda Item fro. 8B January 23, 2007 Pa 221 of 260 subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) if review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 Emergency Action (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120,57. and 120.60, F.S. 40e -1.611 Emergency Action (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. tt oo 1CAtlow NU$AQ' '"a Page 14 of 15 FAt AUG Q 5 2R�33 FORT MYERS SERVICE CENTER Agenda Item No. HE January 23, 2007 Page 222 of 260 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in counterpart originals by their duly authorized representative(s) on the latest day and year noted below. Executed by SFWMD this Day of , 2003 SOUTH FLORIDA WATER ATTEST: MANAGEMENT DISTRICT BY: BY: TONY BURNS Name _ Assistant Secretary Title LEGAL FORM APPROVED FRANK S. BARTOLONE Senior Attorney Passed and approved by the Board of County Commissioners of Collier County, Florida, this 2rl4h Day of 2003. ATTEST: Dwight E. Brock, Clerk BY: Deputy Clerk (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: -,. BY: 17 ,, V `_r Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COLITY, FLORIDA BY: Tom Henning, Chairman 5-2n-p3 EXHI Page 15 of 15 ADDUREV{SED S.DBMiTTAL 11AUG 2M YERS SERVICE CENTER SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Canal Basin — Region 2 e f Tr No. 8B 23, 2007 D age 3 of 260 Lely Canal Basin — Region 3 STRUCTURE DESIGNATION AND DESCRIPTION DEFINED EMERGENCY NU STRUCTURE DESIGNATION AND EMERGENCY OPERATION NO. DESCRIPTION TRIGGER PARAMETERS Upstream Water at at Open Gates Close Gates 4 LCB- 00 -SO120 — Doral Circle Surface Increases to Elevation 8.9 at at Upstream Water 1 1 - 60' wide weir with crest at elev. 4.0' Surface NGVD, Increases to 5.6 4.0 2 - 5'x 5' sluice gates Elevation 5.6 LCB- 00 -S0150 — Royal Wood Upstream Water 1 - 35' wide weir with crest at elev. 6.5' Surface NGVD, Increases to 8.2 6.5 2 1 - 5.25' x 0.3' Rectangular Bleeder hole Elevation 8.2 with an invert elevation of 5.0' NGVD, 2 - 5'x 5' sluice, agates County Barn Road Weir Upstream Water 3 1 - 20' wide weir with crest at elev. 8.0' Surface 8.0 NGVD, Increases to 8.7 2 - 3' x 3' sluice gates Elevation 8.7 Lely Canal Basin — Region 3 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure_ Page 1 of 4 EXHIENT Tw STRUCTURE DESIGNATION AND DESCRIPTION DEFINED EMERGENCY TRIGGER EMERGENCY OPERATION PARAMETERS NU Open Gates Close Gates LCB- 00 -SO160 — E. of Royal Wood Upstream Water at at 4 1 - 50' wide weir with crest at elev. 7.5' NGVD, 2 - 5'x 5' sluice gates Surface Increases to Elevation 8.9 8.9 7.5 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure_ Page 1 of 4 EXHIENT Tw SFV INM ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Canal Basin — Region 3 continued Agenda Item loo. 3B D y 23, 2007 224 of 260 Haldeman Creek Basin NO. STRUCTURE DESIGNATION AND DEFINED EMERGENCY NO. DESCRIPTION EMERGENCY OPERATION Close Gates TRIGGER PARAMETERS at at Open Gates Close Gates LCB- 00 -SO165 — N. of Whitaker Rd. Upstream Water at at Surface 1 -15' wide weir with crest at elev: 4.5' Increases to 5 1 - 10' wide weir with crest at elev. 8.5' Increases to 9.3 8.5 NGVD, 2 - 5' x 5' sluice gates Elevation 9.3 LCB- 00 -SO167 — Slough Diversion Upstream Water Surface 6 I - 10' wide weir with crest at elev. 9.0' Increases to 9.3 9.0 NGVD, 2 - 5' x 5' sluice gates Elevation 9.3 LCB- I3 -SO100 - Whitaker Road Upstream Water 7 1 — 4'x 4' sluice gate, 4'x 8' box culvert Surface 8.5 7.5 with u eir crest 7.5' NGVD. Increases to Elevation 8.5 Haldeman Creek Basin NO. STRUCTURE DESIGNATION AND DESCRIPTION DEFINED EMERGENCY TRIGGER EMERGENCY OPERATION PARAMETERS Open Gates Close Gates HCB- 00 -S0220 — Weir at Haldeman at at Creek Upstream Water 8 Surface 1 -15' wide weir with crest at elev: 4.5' Increases to 5.1 4.5 NGVD, 1 -3' x 4' wide sluice gate Elevation 5.1 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. Page 2 of 4 EXHIBI '8'. SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Manor Basin — Region 4 Agin Am , 2007 No. 8B a 23 Dage 25 of 260 NO. STRUCTURE DESIGNATION AND DESCRIPTION LCB -00 -S0130 — Loch Louise Weir DEFINED ,EMERGENCY EMERGENCY OPERATION TRIGGER PARAMETERS Open Gates Close Gates at at EMERGENCY Upstream Water ERGENCY TTRIGGER 1 Double crested weir - I V wide weir Surface 9 with crest at elev. 5.5' NGVD, and a 25' Increases to 6.1 5.75 wide weir with crest 5.75' NGVD; Elevation 6.1 Open Gates Close Gates 2 - 5'x 5' sluice gates LCB -01 -50148 —Davis Main Weir Upstream Water Lely Lakes East Outfall Pumping 10 1- 10' wide weir with crest at elev. 7.5' Surface 8.5 8•0 Increases to and 1 - 37' wide weir with crest at elev. Elevation 8.5 8.0'; 2 - 5' x 5' sluice gates 1 -20' wide weir with crest at elev. 2.0' Lely Manor Basin — Region 5 Note; Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject sncture. Page 3 of �� 1 1r, FINED EMERGENCY STRUCTURE DESIGNATION AND ERGENCY TTRIGGER OPERATION NO. DESCRIPTION PARAMETERS Open Gates Close Gates Lely Lakes East Outfall Pumping at at Station (Phase One Construction) 1 -20' wide weir with crest at elev. 2.0' 11 NGVD, 2- 12,000 GPM pumps - Pump 1 on elev. N/A N/A N/A 3.00' NGVD, off elev. 2.75' NGVD Pump 2 on elev. 3.50' NGVD, off elev, 3.00' NGVD LMB- 00 -SO090 — Freshwater Marsh . Upstream Water Surface 4.5 3.0 12 1 - 25' wide weir with crest at elev. 3.0' Increases to NGVD, 1 - 5' x 5' sluice gate Elevation 4.5 Note; Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject sncture. Page 3 of �� 1 1r, SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Manor Basin — Region 6 Agenda item No. 8B D ry 23: 2007 a 220 of 260 Lely Manor Basin — Region 7 STRUCTURE DESIGNATION AND DEFINED EMERGENCY NO. DESCRIPTION EMERGENCY OPERATION TRIGGER PARAMETERS Open Gates Close Gates LMB- 00 -SO120 — S. County WWTP Upstream Water at at 15 Runway 13 1A00' wide weir with crest at elev. 7.0' N/A N/A N/A NGVD (no gates) Elevation 9.7 9.7 9.4 LMB- 00 -SOI IO - Warren Street Upstream Water 14 C4C- 01 -S0100 - S. End of Channel E. Surface 6.2 4.5 1 - 55' wide weir with crest at elev. 4.5' Increases to 16 NGVD, 1 - 5' x 5' sluice gate Elevation 6.2 9.7 9.0 Lely Manor Basin — Region 7 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. Page 4 of 4 AH181 = -:, STRUCTURE DESIGNATION AND DEFINED EMERGENCY NO. DESCRIPTION EMERGENCY OPERATION TRIGGER PARAMETERS Open Gates Close Gates C4C- 01 -S0110 - N. of Wing South Upstream Water at at 15 Runway Surface Increases to 1 - 30' wide weir with crest at elev. 9.4' Elevation 9.7 9.7 9.4 NGVD, 2 - 3' x 3' sluice gates C4C- 01 -S0100 - S. End of Channel E. Upstream Water of Wing South Surface 16 Increases to 9.7 9.0 1 - 30' wide weir with crest at elev. 9.0' Elevation 9.7 NGVD, 1 - 3'x 3' sluice gate C4C- 02 -SO100 — W. of Wing South Upstream Water 17 Surface 1 - 10' wide weir with crest at elev. 8.8' Increases to 9.4 8.8 NGVD, 1 - 5'x 5' sluice gate Elevation 9.4 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. Page 4 of 4 AH181 = -:, South Fioncia water manma- 31011L VfOU "V` Work Schedule Requirements Application No : 980826 -1 Mitigation Plan ID: LELY AREA STORMWATER Activity SUBMIT RECORDED CONSERVATION EASEMENT SUBMIT BASELINE MONITORING REPORT (99, 10, 1.6 ACRES) REMOVE NUISANCE. AND EXOTICS 99 AND 10 ACRE /INSTALL PLANTS 1.6 MAINTENANCE FIRST ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE SECOND ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE THIRD ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE FOURTH ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE FIFTH ANNUAL MONITORING REPORT * T AiMff Agenda Item No. 8B January 23, 2007 Page 227 of 260 page 1 Due Date 05- JAN -2005 05- MAR -2005 05- MAY -2005 01 -OCT -2005 05 -JAN -2006 01- APR -2006 01 -OCT -2006 05- JAN -2007 01- APR -2007 01 -OCT -2007 05- JAN -2008 01- APR -2008 01 -OCT -2008 05- JAN -2009 01- APR -2009 01 -OCT -2009 05- JAN -2010 Exhibit No: 10601' llEliH3 r O d IC a C y ld O C L .L Ci as .. LL C � m .. C dE cr- 0 L � 4% LLJ <D � 43 N M o 'O Q. �L O L LL d rte. CD O •" N N x LU � f Q = rn _ o ao r N 4— co O O L a) N Ve T oa ao `� I d NI .. E � � o C O Z r to q O CL G1 3 U CL d = n CD C Q Agenda Item No. 8@ larluary 23, 2007 Paae 228 of 260 V) Y U J C Q cn cu N N N m Via, �� -- �� �0 c o cc o m m a�i �Q m¢ U CD da = cn W v w Z w $- H O H N I- N Z cr2 tl! Z Q Z Z (32 Z Z i N tM ,O� ,O N 'M W 19 cn m T m rz m a@ p a V C U I c U L U LL Q W Q I - W Q I ll! Q V O O p O 'O V O O 'O O O N , *15 N N O 41 Q a H y 2 T _ ~ E a. a E �d a. ¢ �- ¢ °a w O C7 N I N N I d N N ! . y Q y -e °v -v w w C] �rn m V 3Q1 m N 0 �rn m N :3 cm m N Q C ai In C V N C U N C U C U y O O Q D¢ O D Q Q c. N a Qf N a� y V p N M U O) M Co Q Q U D1 I M O) W Q CL v CL Q a d CL Q EQ EQ EQ EQ U s U m aa U n Q U aoa . H N N -� V) Y U J C Q cn cu N N N m N i Q m < c o a o w -0 a�i = U Z V) = cn Q v Z O -ca m I- 02 Z cr2 Z 0 O O 3 a z b C fy a Q m _x m m m a�i Z aoi ? a�i v -ca m w 02 Z cr2 Z Q CYO Z (32 Z ' W O O O � u Z 21 T- Z7 H CD ._ ._ LU 41 Q a cu _ ~ d d a a Z w O C7 C7 c d Q °v -v w w O O O Q C ai N T - os U Q y O O o o r m o O a� y W J p o. Q Q Q a Q Q Q H N N -� }' °_ W .. ° v _ _ O ° M it _ c) .. _-� O U 3: c.n � V 3 ° r1181HX3 r f O N as m a c E: c to ca u. i; M E c m E L = d W rn 0 o n. L w � 7 � V) K W Q Qf r r O C& r N QO L � � N s+ CO Ni .. E c o z c N o ° IL X m U s c a a c a Agenda Item No. 813 January 23, 2007 Page 229 of 260 CD �z -, V I I N � a I a Q I W I Z O ! M m c°3 rn o c ° � U a W Q i it N N CD 0 O O m m � i cp ce m f9 N b m E aQ as °. I y N d C M CL ° E¢ f EQ I U cs N G a E °: — f- � E � I N N v 0 U- � c i U M O m U Q 2 I i d r I O Y LU .T ca 0 _Q Z 0 U- Q CC j �O t 1 d Q CU O D1 N N J 0 rn N d D 0. O c F- cNj y O in �- In O Agenda Item No. 813 January 23, 2007 Page 229 of 260 Agenda Item No. 85 J inLjary 23. 2007 Page 230 of 260 E31 I%& H x 3 Lu� Lu m _ < W Fl uj C/) z 0 Oz 0 two CL w¢ w OCDOCOCOO 0 C a 0 0 0 0 00 C. CDC) 0 C. OC>OOCDc O 0. 0 C. 0 CD D NN E EL< CL lw > > 0 o CD M C? N Q cn ca N a CI 0 0 CD CD N C of O co U? cD Ci Op U7 o V. CD 17 CD " CD 17 a Clf o 7 0 • � C) Cl! 0 a? 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C,� r-: co 0) < R: F0 �2 --T -e 6 Ln n CN N N N " in N LO N 0 N n N to N kri N LO N Ld cv n N LO " in N L6 N U) Q Agenda Item No. BB —January 23, 2007 Page 231 of 260 TbOjjjE1lHX3 , M 1 1 2 M I M 1 0 e Fl W a S i U i i co 0 1 aim 1 1 < Uj I W Z I CL c cc cc W W < LU < Uj < 0 CD CD 49 M Z3 E a- < CL < C, < CL 0 CL lC5 CM CD w M I cm M 1 CD Z3 1 . — , -0 b < CL tM CD Z I CD 'M ca CO IE 31 IMM 0 M M M M 0 CL Cl O cx 2 Eu E¢ E¢ < < CL as CL CL a ELF LU V 'a W 0 < < 0 B cc cc 0 7 i n M 0) i am C6 pg am z N V4 ca z C) z L. co 0 U) Ul W w < Z CL Z i z 0 cy z .2 '& 0 CD L: 0 0 0 CD a) > 0 > LO LO 17 7 w w E cm ( 4 (D d) D w _:T CD En cu M ca z 0 0 < 0 < < 2 W zz U Ui CL 13 0 3: C14 to 0 Q 10 in C> Agenda Item No. SB January 23, 20017 Page 232 of 260 tl '4) r -- i a ID 4 um, w o �a W'! Ln y d zl 0 m i IL C ID - c0 N I w¢ m m 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m¢ C E 4 CL I m ai I C O c m N c u = Q N 2 IL .V . w ! 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LL LL LL LL aai LL LL N U U U U U LL LL LL� Ui VI 4 d d C C C C C C N _m N `d 2 O ` O O .O 2 a O N fl_ N N N c0 _ a) a) T T a7 U U d a. a a a- a) n_ E cL cn v in cn cn Y) co 2 U 2 a Q Q a a a LU _ Q _. m m c N 0 2 }} z z} z z Z Z Z> Z }} }} 'II O cc 0 C9 ZO _2 al Q Q Q Q Q Q Q Q R a c CD 0 o o 0 o o n o 0 m z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 0 a O O O O O O O O O O O O O Q O O Q Q O O Q 0 0 0 0 0 0 0 N o a a n_ 0 0 tL CL 0 u_ U- a LL a 0 m U c� c7 c7 N m j O O O O O O O O O O O O O O O O O O O O O O O O O O O O N m }. a) O LO N tD O r-� Cl! M O N t M M f` U� N �A 3 0 m @ r O Z -i a N O O ❑ IL Q y r . C'J t to cD . Q1 r- N O �- !"7 t 11') to Ql Q' Q r r r r r r r �- .- r r N cl t to tD t.. m (� .._. __ VT .�- .^- 07 ao 00 W O a0 DD of OO W 07 O m — t• O m y aQ � I o� I 11 I a d � I w ' I � ,D •. O O O �00 � I i 0/ W� IE a �¢ ! I i aQ I i t o I I m cc I N N a p C VI D Q' ! �¢ I a 01 I I V d) O O @ O O O °• C, I a y o o I E Q ! Q co i CL fl. i 'f I Q. T. 'I a r 0 �o d >a R a c O E L O c a+ y v m L � O N_ O a.+ U. C O «� E c as ID E a`) w w L O O a- U- 0 N N .X W M T o w � N � O O L � Ui T O ;~I N N � C O Z y C !A p C x dI x CL = a D a 1I QI I I� II I c i� E o ' d ! m I 1 ° 1 0 I a j i Agenda Item No. 86 January 23, 2007 Page 233 of 260 o . L v I US .O N N Z m a� O dCD ca a¢ C �^ v � I U c , O 10 M m ' R 10 CL E¢ U CL CL (0 N: I I I I I Q 1 i 2 iLTJ tOD 'IO �� 1 LL 5 11 y '6 -0 t6 LL I I ! ! 1I «6 '- n @ f Z . M I I i tv ; ! m �aa, �O I m Og:. I O! I 1 ! I o (7 I ! w '1I d Z i o O o O I z l E ¢ ! G Q o 1 d.. m 01 ,I p X10 1. m ! > O O O .O I cu fD d m i cn w I on m w i d U O' is aD cv O V I,_ 10 to co ai rn I I Q 1 i 2 iLTJ tOD 'IO �� 1 Agenda Item No. SB January 23. 200- 7 ' Page 234 of 260 4`4 IIEIIHX3 .2 .2 2! < cr- cn 1 1 W z I z 1 tm 0 i I 0 m '9 CL. 0 m CD mm <�3 L) < uj ui w (B Q) al N cc I m m cn 1) q 0 E � < 0 < 0 CL CL 0 — y Vim: (p > (D 0 m cm m cu 2 C: 0 Z) < Z) < IL (L v as 4) 4) cu cn n C> 0 0 Im 0 0 cm C=) �CD cc am C13 cli cq to M CZ M C� CL CL 2 CL 2 w E g L, L) O CD < < LL (D 5 t ir) CL CD tu 4) cu E CL CL CL s CL cc 0 4) uj V) cn CD CD m fC W 73 L) ru CL 0 0 C) FL ZM c < < E LL -0 'Zi 78 ?t.- ca -0 0 Z a) 2 In Ev > w m m U i L) Co cu 17 ai, d) :3 (D Z z z C-4 LO 02 z 0 z 2 co z CD z 00 0 0 LU co 0 0 0 CD z E 0 0 C) o 0 E 1 0. 1 0 (D (D 0 z I z z 0 > C) CZD n > 0 0 C) c) I a) V) N. (D �lp r--: I r--: I CY (D w IX) LO ) 0 z J 4) cu m cu a. t CL M. < .x y < c CL :2 LU 2. v CD C) J2 M C) F— F) ice' Agenda Item No. 8B January 23, 2007 Page 235 of 260 13 1 14)(M� �_ I y U -• O W1 N j Qi Q N 21 tM M I I a Cc I L1.1 � m O n 0 E a ; co O y 1a ts C7 O O N O N [0�7 O O M M N V: N q 000. IT � N COO• N O m N d _ 1 9 � m CD,,, v d a s m a� d m m d C1 E p p p U i5 O i5 C] 0 Cl 5 O 5 i5 5 6 C] 5 O 5 �' C] O E E E E E E E E E E E CL a CL d CL CD C to 'O N C rn - OI m m Ql @ N m m M m rW N to CL M D .O D D D D D D D D N U ci j v U co M ca m Q. N Q •p d N C G C C C C C C C C C c o a o 0 0 4 a a [7 CL d 0. D- LL a m o a o a o LL `o � •� �I � rn N 07 N N N !/1 N N V7 N N N N N N C (9 N C V7 wn V) y N N vl u) N N N rn ✓� U LL LL N = N LL t0 OJ N 0) 01 O7 01 N N N d N d N N 0) d .N d 0) a o. a s `a. o- M a o. n m a o. a s o. "• K Q C C >, co T C N T T T T T T T T T T T T T T T T W ca fj I M Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z v- d o Z l O o co C? N � W I � � ❑ ❑ O O � O O � O O ❑ O ❑ ❑ O O ❑ D ❑ D ❑ ❑ ❑ ❑ ❑ O a l aci I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0¢ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co w ( Z 1 n I C=3 Cal C0.7 0 0 a O U n C7 C7 u C9 C9 C9 C7 C7 C7 C9 C7 C7 C7 C9 C7 C7 C7 C7 (7 i rte+ Q I O N t O ON � M N 00. N O 0 L N M O 0 M T N Lo w N N co C1 C Z J d ;= V C N p o O o �I .� M 'd; r N Cl r � N M LQ O N tl; (0 r N M d• f` 00 G _ N co 7 G f!T I 1LLJ Q1 O) O) N N N t'O'7 c0�5 c07 M M f0') M M [7 M m cN+I M M M M fN'7 Q V �--' -- ---' N r r Agenda Item No. 8B January 23, 2007 Paae 238 of 260 o —� o� »Od od wQ I I 0 I �.Q I w I w! a I z I i I z z 1 0 I R j o I a CD w CD Q. 0 { U M 0 ! I G C I I I C N C; m W¢ ( W¢ j j W¢' I Z rn o _ rn Zn I � d G c d I N � d. I ( d I y� ; l 1 N E ❑ I i 0- I i °Q E n- Q p j o a O > d m . I ❑� o yam: C O ! Q O C Q O N d Q.. I 2 = d v M 10 M 0 0 0 l .cn o 0 6- 7 a� ° I a M o 0 0 o M o o O I E � �' E Q E) LL `� ! i CU d y m ro m I n n n Cl ; o -= - - N R O ` p O ` p_ i I d a x _ = o j W j Z11 Z11 d) 1 O N CO tp ! L7 CO I d� Z r Cif Z I Z z zI I i ca vi c9 rn D LU LLI LWU I Y r °z o f Z o Z Z z c cy Z a a ai w(D e2 ! j _° r2 0 0 0 j 0 10° N a d o r d o cv c? d o J ❑ I W ❑ �-i co N W Cl w w G O z J a I ca J m d J a�f m H o o Q a Q ❑ l a CL cl g CL w 0 to N 1 Im CL Q y 'L_ _—Iy u7 ice- L) — —0 u) o = lr-1 0 _i0 to o I�ID 0 r d R d c 0 E O c N 1 � Q 1 a+ CD U. - G d t 5 M W > O N v C. L 0 o a 1. O N w r � O � � N c o L co OS n •� a +�+I CD C O Z H p O .X O U (n Iz O I c 01 E O d Q N O Q i N Z of W aIIi a) Z @'' aD w N N U II d 6 'lC A . G3: fd C Q Cf U (a O S6 m O Q d U Oj LU j Of ` 'E O;E z Q ±O i O 1 > J L CL O IL g _ —In N C1 Q. CL Er Q] 0 cz CL W- II C c @ U . T 7 C7 z C3 z O O cn CD rn c4' N U v . o ICO t i i i 1 Agenda Item No. 8B , January 23. 2007 Page 237 of 260 'a d a r a W < w d : cn - y 0 a (D L a) N 01 �¢ [OOp O N d0' O O O O C4 O O N O L t6 N EQ O. p- O O O❑ D❑ O O 5 0 0 0 01 ❑ O E E E E a n L cL a of m c a aNi to m d d N d ca a a s d m T m m a c co m u m � C N C C m � o. v � � ��� a s a�i z S o d CL f6 i N N U N N rn U N N N N N T y a N f N M y N m> T � U U U U T N d I i O 10 c0 ' I • J jw O U a 0 O Ui 1Qi z C09 CL C07 0 L O 0- Ui � i Q Z iti m u4 O O O O O U O O O O N Z C, C W LU � � o e I I ' I i I I t i i0 •I iM I i I ' LL a 0 O Ui 1Qi z C09 CL C07 0 L O 0- Ui � i Q Z iti u4 O O O O O O O O O O N O0,� C, C W d U Q —° 6 N° L6 L6 to r V 0 r M c m r to w rn� ci c w O 0 a> > s Q f N O a I, I i I s w Q z CdC � ~ G CL O > � Q a c7 'i rn m CL W. ' Z fY H o ii o' 1181HX3 m rte. I r O W 1 r � O a R 0 ... M v � fA r+ R ❑ U- C � E C d Q1 E C = Icli OL C •� L C eii LU D O � d C_ O o ri w � C � O � X LU _ T - O N Y. co 4 CD Vl � d � tv � yl •• E C O Z N p O CL C1 w U_ w CLI a E i a a o a m> i i I N : I p°. V E rn rn cp. m O) d U Q Q> c0 N O> O y IN O I Q I CD ca N Q I C cc CL � U Q � U Q Cl- co i = lL _ Q! Z O: C C7 W —y Q Cl Q1 a � i d ca a LU Z I rn j a N ' 1 ! V) O y LL T (V O m i i 7 � I Q- o D 0� cu U i U o m N CD d z o o Q) U cm C c0 c9 a c0 in N N h ,n L U C Q- � ! I I CD M 0 N N iCO m O CL a d C Z ) � LL -2 (D O 01 O c0 Io iu-� i �m N N, O c0 O IO iI` -O U Q1 �O I N CO to N ;co (D o cm : N N fl � i j I U ¢ it U C N fZ d U a) U a) F- A N O O N 3 = cn (0 I U C cu K N cu U i U IV z z O m O CL a d C Z 0 � LL O 01 O c0 Io iu-� i O c0 O IO iI` Q1 �O I N CO to N ;co : N i j I U ¢ i ! CO N Agenda Item No. 83 January 23, 2007 Page 238 of 260 LELY AREA STORMWATER IMPROVEMENT PROJ,Ca Item No. 8B WATER QUALITY AND WATER QUANTITY STRUCTURE SU Mr 02060 Page 239 Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 12.2 inches Basin Allow Disch Method Of Peak Disch Peak Stage 1#4 Determination (cfs) ft NGVD Lely Main Canal: LCB- 00 -00003 N/A N/A 963 3.47 (S. Lake) Lely Manor Canal: LMB- 00 -COD01 NIA NIA 212 2.99 (S. Lake} LMB- 01 -CO005 N/A N/A 334 4.41 (S. Lake} Conveyance Design: Design Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 12.2 inches Conveyance Conveyance Peak Stage Peak Stage Upstream (ft.) Downstream (ft.) Lely Main Canal Basin: 4.25 DORAL_BOX 4.43 6.00 4.95 HCB00S0210 3.58 3.47 LCB0000003 3.92 3.58 LCB00C0005 4.09 3.97 LCB0000025 4.25 4.09 LCB0000027 6.61 5'57 LCB0000035 6.03 5.91 LCB0000045 6.08 6.03 LC B0000046 6.15 6.08 LCB0000047 6.44 6.46 LCB0000055 8.50 8.50 LC B0000069 8.51 8.50 LCB0000070 8.78 8.77 LCIBO000071 8.80 8.80 LCB0000072 9'22 LCBD000073 9.22 LCB0000075 9.23 9.23 LCBOOSO110 3,97 3.92 LCBOOS0130 5.91 5.61 LCBOOS0140 6.46 6.15 LCB00SO151 8.15 8.00 LCB00SO152 8.22 8.17 LCB00SO153 B.36 8.22 LCB00SO 154 8.44 8.37 LCB00SO155 8.42 8.36 LCB00SO156 8.43 8.43 LCB00SO157 8.44 8.43 LCB00SO158 8.47 6.44 LCB00SO159 8.50 8.47 LCB00SO164 8.80 878 LCB00SO166 9.23 9'22 LCB01 C0005 4.09 4.09 LCB01 C0007 6.04 5.78 LCB01 CO015 6.13 6.04 EXHIBIT 11 a LELY AREA STORMWATER IMPROVEMENT PROJECT �, WATER QUALITY AND WATER QUANTITY STRUCTURE SU &M`7m No. SB LCB01 CO021 LCB01CO025 LCB01CO037 LCB01CO039 LCB01 CO043 LCB01 CO045 LCB01 CO053 LCB01 CO057 LCB01CO065 LCB01CO075 LCB01 CO085 LCB01 CO095 LCB01 CO105 LCB01CO107 LCB01CO109 LCB01 SO1.00 LCB01SO112 LCB01SO120 LCB01SO140 LCB01SO142 LCB01 SO146 LCB01SO150 LCB01SO160 LCB01SO170 LCB01SO180 LCB01 SO190 LCB09CO025 LCBD9CO027 LCB09CO045 LCB09CO055 LCB09CO065 LCB09CO075 LCB09CO085 LCB09CO095 LCB09SO010 LCB09SO020 LCB09SO030 LCB09SO040 LCB09SO050 LCB09SO060 LCB09SO100 LCB09SO110 LCB09SO111 LCB09SO120 LCB09SO121 LCB09SO130 LCB09SO140 LCB09SO150 LCB09SO160 LCB10C0005 LCB10C0007 LCB1000015 LCB1000025 LCB12C0005 LC612CO015 LCB12SO100 23, 2007 6 14 6 13 Page 240 of 260 EXHIBIT 11 b 6.30 6.29 6.98 6.96 7.00 6.98 7.09 7.09 7.11 7.11 8.49 8.49 8.52 8.40 8.54 8.53 8.56 8.56 8.57 8.57 8.60 8.60 8.65 8.63 8.67 8.65 8.78 8.67 5.78 4.09 6.29 6.14 6.53 6.30 7.09 7.00 7.11 7.09 7.13 7.11 8.53 8.52 8.56 8.54 8.57 8.56 8.60 8.57 8.63 8.60 6.66 6.60 6.84 6.79 8.74 8,73 8.84 8.83 8.85 8.85 8.88 8.88 8.88 8.88 8.88 8.88 6.21 6.08 6.22 6.21 6.24 6.22 6.25 6.24 6.60 6.25 6.79 6.66 7.01 6.84 7.28 7.01 8.73 8.67 8.81 8.74 8.83 8.81 8.85 8.84 8.88 8.85 8.88 8.88 8.88 8.88 6.41 6.30 6.49 6.41 6.66 6.49 6.84 6.66 8.83 8.80 9.22 9.17 9.17 8.83 EXHIBIT 11 b LELY AREA STORMWATER IMPROVEMENT PROJk Jda Item No. 8B WATER QUALITY AND WATER QUANTITY STRUCTURE SUMMAW, 2007 Page 241 of 260 LCB13CO005 8.24 8.23 8.24 LCB13C0010 8.24 8.22 LCB13S0080 8.22 8.22 LCB13S0090 8.23 8.24 LCB13S0100 8.25 8. LC613S0101 8.45 844 LCB14C0005 8.45 .44 7.01 LCB14C0007 7.01 8.80 LCB14SO080 8.57 8.57 LCB14S0090 8.44 7.01 LCB14S0100 7.01 9.27 LCB15C0005 9.29 9'23 LCB15S0100 9.27 8.81 LCB16C0005 9.16 6.24 WCBRNC01 6.24 6.25 WCBRNC05 6.26 6.27 WCBRNC07 6.27 6.27 WCBRNC09 6.27 6.27 WCBRNC10 6.27 6.27 WCBRNC12 6.27 6.27 WCBRNC13 6.27 6.24 WCBRNS02 6.24 6.24 W CBRNS03 6.25 6.25 WCBRNS04 6.25 6.26 WCBRNS06 6.27 6.27 WCBRNS08 6.27 6.27 WCBRNS11 6.27 Lely Manor Canal Basin: 9.33 146 9.43 9.33 9.19 148 9.19 9.15 5 165 9.15 8.88 8.18 7.39 294 9.33 9.33 318 8.20 8.18 322 9.69 9.69 383 9.69 9.69 387 9.69 9.59 388 9.41 9.37 405 9.37 9.33 407 9.69 9.69 418 4.51 4.50 428 4,52 4.46 432 9.59 9.41 479 9.69 9.68 501 8.88 8.84 LINK10 8.84 8.78 LINK6 8.78 8.35 LINK6A 8.35 8.20 LINK6B 3.20 2.99 LMBO000001 3.20 LMBO000002 3.24 LMBO000003 3.26 3.24 LMBO000004 5.75 4.50 LMBO000005 5.78 5.75 LMB00C0011 5.93 5'90 LMBO000013 5.94 5.93 EXHIBIT 11 c LELY AREA STORMWATER IMPROVEMENT PROJE Trod a WATER QUALITY AND WATER QUANTITY STRUCTURE SU� 3 2o0B7 LMBO000015 LMBO000020 LMBO000022 LMBO000025 LMBO000035 LMBOOS0100 LMB01 C0005 LMB01 C0025 LMB01 P0035 LMB01 SO105 LM602C0011 LMB02CO015 LMB03C0003 LMB03C0004 LMB04C0005 LMB04CO015 LMB04SO080 LMB04 S0090 LMB04S0095 LMB05C0003 LMB05CO005 LMB05C0025 LMB05SO080 LMB05SO090 LMB07C0005 LMB07C0013 LMB07C0015 LMB07C0025 LMB07C0035 LMB07C0045 LMB07C005-3 LMB07C0065 LME07SO090 LMB07S0110 LMB07S0120 1-MB07S0130 LMB07S0140 LMB07S0150 LMB08C0005 LM B08C0015 LMB08S0090 LMB09CO005 LMB09C0010 LMB09S0105 LMB09S0110 LMB10C0005 LMB10C0010 LM61000015 LMB10S0100 westout 6.13 5.94 6.15 6.13 6.17 6.17 6.17 6.17 6.17 6.17 5.90 5.78 4.46 4.41 4.56 4.52 4.96 4.56 5.06 4.96 4.50 4.46 4.51 4.50 4.71 4.51 4.75 4.71 5.11 5.12 5.06 5.07 5.12 5.15 5.07 5.11 5.09 5.06 5.17 5.15 5.44 5.38 5.72 5.67 5.38 5.17 5.67 5.44 4.51 4.51 4.55 4.53 4.62 4.55 4.73 4.62 5.86 5.80 5.96 5.87 6.02 5.97 6.12 6.03 4.53 4.51 5.80 4.73 5.87 5.86 5.97 5.96 6.03 6.02 6.13 6.12 5.73 5.72 5.80 5.79 5.79 5.73 5.81 5.80 5.87 5.85 5.91 5.87 5.85 5.81 5.91 5.91 5.90 5.90 5.94 5.91 5.90 5.91 4.41 4.40 Pang 7di of ?rn Control Elevation: Structure Area Ctrl Elev WSWT Ctrl Elev Method of (Acres) ( ft, NGVD) ( ft NGVD) Determination EXHIBIT 11 d LELY AREA STORMWATER IMPROVEMENT PROJICI)da Item No. 8B AND WATER QUANTITY STRUCTURE SU "of 260 WATER QUALITY Surrounding Projects -- Lely Main Canal Basin: 8 00 &lor CoBarnWeir N/A 8.00 Wetlands Ditch Block N/A 8.50 $ 50 HCB -00! S0220 N/A 4.50 4.50 LCB- 00 -S0120 N/A 4.00 4.00 LCB- 01 -SO148 N/A 8.00 8.00 LCB- 01 -SO148 NIA 7.50 7.50 LCB- 00 -SO160 N/A 7.50 7.50 LCB- 00 -S0165 N/A 8.50 8.50 LCB- 00 -SO167 N/A 9.00 9.00 LCB- 00-SO150 N/A 6.50 6.50 LCB- 01 -S0130 N/A 5.50 5.50 LCB -01 -50130 N/A 5.75 5.75 LCB- 08 -SO110 N/A 4.50 4.50 LCB- 08 -SO 110 N/A 6.50 6.50 LCB- 13 -S0101 N/A 7.00 7.00 LC13- 14 -S0090 N/A 7.50 7.50 LCB- 14'S0090 N/A 8,50 8,50 RIV W WEIR N/A 4.00 4.00 SpreadLake N/A 1. 2.50 2.50 Lely Manor Canal Basin: 295 N/A 7.00 7.00 408 N/A 8.80 8.00 451 N/A 5.00 5.00 503 N/A 9.00 9.00 506 N/A 9.40 9.40 LMB- 00 -S0010 N/A 2.80 2.80 LMB- 00 -SO090 N/A 3.00 3.00 EXHIBIT II e LELY AREA STORMWATER IMPROVEMENT PROJE S n4,,', Pn �,� WATER QUALITY AND WATER QUANTITY STRUCTURE SU 23, 2007 LMB- 00- S0110. N/A 4.50 4.54 Page 244 of 260 Westout N/A 3.00 3.00 Receiving Body: Basin Str# Receivina Body Lely Main Canal Basin Spreadlake Wetlands of Dollar Bay Lely Manor Canal Basin Westout Wetlands of Sandhill Bay Discharge Structures: Note: The units for all of the elevation values of structures are (ft, NGVD) EXHIBIT II f All other units are (inches) Weirs: Str.# Count Type Width Height Length Dia. Elev. Lely Main Canal Basin: CoBarnWeir 1 fixed crest 20 1.0 8.00 Ditch Block 1 fixed crest 10 8.50 HCB- 00 -S0220 1 fixed crest 15 2.0 4.50 - LCB- 00 -SO120 1 fixed crest 60 4.00 LCB- 01 -SO14B 2 fixed crest 37 1.0 8.00 fixed cress 10 1.5 7.50 LCB- 00 -SO160 1 fixed crest 50 2.0 7.50 LCB- 00 -SO165 1 fixed crest 10 1.0 8.50 LCB- 00 -SO167 1 fixed crest 10 1.0 9.00 LOB- 00 -SO150 1 fixed crest 35 2.0 6.50 LCB- 01 -SO130 1 fixed crest 11 2.5 5.50 LCB- 13 -SO101 1 fixed crest 12 7.50 LCB -14 -50090 2 fixed crest 2.5 7.5 7.50 LOB- 14 -SO090 1 drop inlet 14 8.5 8.50 SpreadLake 1 fixed crest 1160 2.50 Lely Manor Canal Basin: Westout 1 fixed crest 1000 3.0 LMB- 00 -S0120 1 fixed crest 100 7.0 C4CO2S0100 1 fixed crest 10 1 2 8.8 C4C01 S0100 1 fixed crest 25 9.0 9.0 C4C01 S01 10 1 fixed crest 30 1.1 9.4 LMB- 00 -SO010 1 fixed crest 1000 2.8 LMB- 00 -SO090 1 fixed crest 25 1.0 3.0 LMB- 00 -SO 110 1 fixed crest 55 3.5 4.5 SWM(Internal) Structures: Note: The units for all of the elevation values of structures are (ft, NGVD) Culverts: Str.# Count Type Width Length Dia. Lely Main Canal Basin: RH_Road 2 RCP 2600 3 LINKI2C 2 RCP 60 2.5 LCB 16CO005 1 RCP 50 1.5 LCB09SO160 1 RCP 40 3 LCB09SO150 1 RCP 60 3 LCB09SO140 1 RCP 60 3 LCB09SO130 2 RCP 35 3 LCB14SO080 1 RCP 33 2 LCB14SO100 1 RCP 1200 2.5 WCBRNS11 2 RCP 40 2 WCBRNS08 2 RCP 80 2 WCBRNS06 2 RCP 25 2 EXHIBIT II f LELY AREA STORMWATER IMPROVEMENT PROJKTda item No. WATER QUANTITY STRUCTURE SL OB 260 WATER^QUALITY AND 24'of WCBRNS04 2 RCP 100 550 2 5 WCBRlNS03 1 RCP 2200 5 WCBR'NS02 1 RCP 1200 2.5 WCBRNC01 1 RCP 320 LCB09S0010 2 RCP 50 3 3 RIV_LK2 2 RCP 50 3 R1V LK1 2 RCP 50 2.5 LC60830101 3 RCP 40 4 LCBO0S0130 8 RCP 650 3.5 LCB01;�C0109 2 RCP 120 7 LCB01 50142 2 RCP 200 7 LCB01S0140 2 RCP 350 7 LCB01SO120 2 RCP 1275 4.5 LCB1( -0025 1 RCP 1400 4.5 LCBlDC0015 1 RCP 1300 5.5 LC61O -0007 1 RCP 1000 5.5 LCB1DC0005 1 RCP 50 2.5 HCB00S0210 2 RCP 30 5.5 RIV LK3 1 RCP 33 4.42 LCB151SO100 1 RCP 40 4 LCB12rS0100 1 RCP 7 100 4 LCBOOVSO140 3 RC Box 8 30 4 LCB00S0151 2 RC Box 12 20 4 LCBODS0152 2 RC Box 8 100 4 LCB00SO153 2 RC Box 8 30 4 LCB00,S0154 1 RC Box 4 LCB00 }50155 1 RC Box 8 25 4 LCB0030156 1 RC Box 8 60 4 LCBOO 30157 1 RC Box 8 30 4 LCBOQaS0158 2 RC Box 8 30 4 LCBOG)50159 2 RC Box 8 50 5 LCB00S0164 1 RC Box 10 60 5 LCB00S0166 1 RC Box 10 60 4 LCB01 S0100 2 RC Box 8 100 4 LCB01; 50112 2 RC Box 8 35 4 LCBOT 50146 3 RC Box 8 175 6 LCBO'l SO 150 1 RC Box 12 125 7 LCBO'; SO160 1 RC Box 9 100 LCBO+;S0170 1 RC Box 9 70 7 4 LCBO .' S018O 1 RC Box 7 100 4 LCBOBS0100 1 RC Box 7 100 4 LCBOR50020 1 RC Box 8 40 4 LCB09S0030 1 RC Box 8 153 4 LCB09S0040 1 RC Box 8 60 4 LCB09S0050 1 RC Box 8 2700 4 LCB09S0060 1 RC Box 8 310 4 LCB09S0100 1 RC Box 8 750 4 LCB09S0110 1 RC Box 8 2080 4 LCB09S0111 1 RC Box 8 760 4 LCB09S0120 1 RC Box 6 720 4 LCBO9SO121 1 RC Box 6 450 4 LCB13S0080 1 RC Box 8 100 4 LC613S0090 1 RC Box 8 1870 LCB13S0100 1 RC Box 8 60 4 LINKI 1 A 4 RC Box 6 100 4 RIV VV OUT 1 RC Box 6 40 EXHIBIT II g LELY AREA STORMWATER IMPROVEMENT PROJECT WATER QUALITY AND WATER QUANTITY STRUCTURE S } No. SE �3. 2007 Lel Manor C I B Page 246 of 260 y ana assn. 207 1 RCP 152 4 430 3 RCP 33 3 434 3 RCP 33 3 441 2 RCP 50 3 453 1 RCP 33 4 464 4 RCP 110 2.5 475 1 RCP 33 2.5 486 1 RCP 33 1.5 488 1 RCP 40 3 498 1 RCP 33 3 510 12 RCP 55 3 255 10 RCP 30 1 267 10 RCP 20 1 LMB12SO090 3 RCP 50 2.5 LM603S0100 3 RCP 180 4.5 LMB07CO035 1 RCP 250 6 LMB07CO045 1 RCP 800 6 LMB07CO055 1 RCP 450 6 LMB07CO065 1 RCP 750 6 LMB07SO110 1 RCP 160 4.5 LMB07SO120 1 RCP 60 6 LMB07SO130 1 RCP 60 6 LMB07SO140 1 RCP 60 6 LMB07SO150 1 RCP 60 6 146 1 RC Box 8 1250 4 148 1 RC Box 8 700 4 165 1 RC Box 8 100 4 166 1 RC Box 8 1100 4 167 2 RC Box 8 40 4 241 1 RCI Box 8 350 4 322 8 RC Box 6 40 3 418 1 RC Box 8 40 4 432 i RC Box 8 33 4 388 1 RC Box 5 40 3 LMB12S0090 1 RC Box 8 70 4 LINK10 2 RC Box 12 35 4 LMB00C0020 1 RC Box 8 65 4 1-ivIB00S0100 2 RC Box 9 175 5 LMB04SO080 1 RC Box 8 60 4 LMB04SO090 1 RC Box 8 260 4 LMB04SO095 1 RC Box 8 350 4 LMB05SO080 1 RC Box 8 120 4 LMB05SO090 1 RC Box 8 200 4 LMB07SO090 1 RC Box 10 40 5 LMB08SO090 1 RC Box 8 260 4 LMB09SO105 1 RC Box 8 40 4 LMB09SO110 1 RC Box 8 40 4 LMB10SO100 1 RC Box 8 250 Slide Gates: Str.# Count Type Width Height Inv, Elev. Lely Main Canal Basin: LCB- 01 -SO130 2 Square gate 5 5 0.0 LCB.- 01 -S0148 2 Square gate 5 5 0.0 LCB- 00 -SO120 2 Square gate 5 5 -1.0 EXHIBIT 11 h LELY AREA STORMWATER IMPROVEMENT PROJRgIda Item too. 8B WATER QUALITY AND WATER QUANTITY STRUCTURE SUMMARY, 2007 Page 247 of 260 LCB- 00 -SO150 2 Square gate 5 5 2.5 CoBarn 2 Square gate 3 3 4.0 LCB- 00 -SO160 2 Square gate 5 5 2.5 LCB- 00 -SO165 2 Square gate 5 5 2.5 LCB- 00 -SO 167 2 Square gate 5 5 2.5 Lely Manor Canal Basin: LMB- 00 -SO090 1 Square gate 5 5 -3.0 LMB- 00 -S0110 1 Square gate 5 4 0.0 C4C- 01 -S0110 2 Square gate 3 3 1.0 C4C- 01 -S0100 2 Square gate 3 3 4.0 C4C- 02 -S0100 1 Square gate 5 5 4.5 On Off Capacity Pumps: Str.# Pump # Type Elev. Elev. gpm Lely Main Canal Basin: LMB- 07 -SO090 1 Vert Prop 3.25 3.00 12,000 2 Vert Prop 3.50 3.00 12,000 Water Quality Sructures: Str.# Count Type Width Height Inv. Elev. Lely Main Canal Basin: LCB- 00 -SO150 1 Rect. Orifice 5.25 0.3 5.0 LCB- 01 -SO130 1 Rect. Orifice 11.0 0.25 5.5 EXHIBIT 11 i URBAN STORMWATER MANAGEMENT PROGRAM 1.0 Introduction r-%}n is L i, cvvsr Agenda T ern No. 8B January 23, 2007 Page 248 of 260 This document provides details of the Urban Stormwater Management Program for the (Project Name) in (location). This Plan discusses non - structural controls, intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stomnwater runoff contaminants at or near the respective sources for each constituent, along with significant structural components of the primary stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's) which can be useful in attenuating pollutants in many types of urbanized settings, the implementation of these practices has been optimized, to the maximum extent possible, to reflect the unique character of the (Project name) and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; (b) routine water quality testing; and (6) construction activities. A discussion of each of these activities is given in the following sections. 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage the use of fertilizers and pesticides so as to minimize loss of these compounds into slormwater runoff and the resulting water quality Impacts on adjacent w@lerbodies lmplementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent c^ntaminatlon of surface Lya }e "s. The gL;idelln?s Included in this section are intended to help homeowners make educalea environmental choices regarding the maintenance of individual yards within the community. These mai,ntena, ce and management guidelines are meant to promote an attractive neighborhood that preserves the health of adjacent waterways and environmental features. 2.1 General Requirements A landscape plan must be developed for each residence. The plan must be comprehensive in nature and follow the landscape design guidelines established by the Homeowners Association and must promote revegetation of each lot as quickly as possible. Commercial applicators of chemical lawn products must register with the Homeowners Association annually and provide a copy of their current c.ccupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. Individual employees working under the direction of a licensed commercial applicator are exempt from the educational requirements. 1 EXH I BIT Agenda Item No. 813 January 23, 2007 Page 249 of 260 Only registered commercial applicators and individual lot owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5) feet of any surface water including but not limited to ponds, lakes, drainage ditches or canals, is prohibited. The use of any chemical product in a manner that will allow airborne or waterbome entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stormwater lakes or ponds. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in the (Project Name) will adhere to the following guidelines: A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate /phosphorus (P205) per guaranteed analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of a drainage facility. D. All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces is minimized. E. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P,05) per guaranteed analysis label shall not be applied thorough an irrigation system within 1 u feet of the edge of water or within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phosphate /phosphorus (P-.05) per guaranteed analysis label shall not be applied through nigh cr medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping. Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3 -4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should remove no more than one -third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides, fungicides, and herbicides be used only in response to a specific problem and in the man.-ier and amount recommended by the manufacturer to address the specific probiem. Broad application of pesticides, fungicides and herbicides as a preventative measure is strongly discouraged. "EXHIBIT f �J Agenda item No. bB January 23, 2007 Page 250 of 260 The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA -NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA - approved D. The half -life of products used shall not exceed seventy (70) days 3.0 Street Sweepinq This practice involves sweeping and vacuuming the primary streets to remove dry weather accumutation of pollutants, especially particulate matter, before wash -off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving waterbodies by removing particulate matter and associated chemical cons#itu.Onts. Although street cleaning operations. are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for the (Project Name) is to improve the quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stormwater flow. Street sweeping operations will be performed in the (Project Name) at a minimum frequency of one event every other month. A licensed vendor using a vacuum -type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will vc the r esponisibi'My of thc_ street sweeping vendor. 4.0 Solid Waste Management In general, solid waste management involves issues related to the management and handling of urban refuse, Miter and leaves ttlat \,Viil minjM17e the impact o-1 these conslituents as water poilutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual homeowner. Local requirements for refuse collection will be brought to the attention of every homeowner at closing for the sale of the property. Information will be distributed as necessary stating specifications for containers, separation of waste by type, where to place containers prior to collection, and established collection schedules. Fallen tree leaves and other vegetation, along with grass 3lippings, may become direct water pollutants when they are allowed to accumulate in swales and street gutters. All homeowners will receive periodic educational materials that address proper disposal of leaves and other vegetation to minimize water quality impacts. EXH I BIB 12--- Agenda Item No. 8B January 23, 2007 Page 251 of 260 5.0 Stormwater Management and Treatment System The stormwater management system for the (Project Name) is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the off -site wetland systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Wet Detention Lakes and Lake Interconnect Pipes The basic element of the stormwater management system consists of a series of interconnected wet detention ponds that provide stormwater treatment through a variety of physical, biological, and chemical processes. A wet detention pond acts similar to a natural lake by temporarily detaining stormwater runoff, allowing opportunities for treatment processes to occur, prior to slow controlled discharge of the treated water through the outfall structure. Pollutant removal processes in wet detention systems occur during the quiescent period between storm events. Significant removal processes include gravity settling of particulate matter; biological uptake of nutrients and other ions by aquatic plants, algae and microorganisms; along with natural chemical flocculation and complexation processes. Maintenance of the wet detention ponds will consist of an annual inspection. During each annual inspection, the following items will be reviewed and corrected as necessary: A. Inspect the outfall structure and orifices to ensure free - flowing conditions and overall N- engineering stability of the outfall system. B. Review the banks of the lakes and canals to ensure proper side slope stabilization and inspect for signs of excessive seepage that may Indicate areas of excessive groundwater flow and possible subsurface channeling. C. Physically evaluate each of the lakes and canals for evidence of excessive sediment accumulation or erosion. D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired vegetation species, percent coverage, and density are maintained. At the completion of the inspections, a written inspection report will be prepared, listing any deficiencies that need to be addressed or corrected by the Homeowners Association. 5.2 Stormwater Inlets, Pipes and Culverts The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting these inlets. Flushing out with a high - pressure hose may clean some sediment. Any noted blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. EXHUBIT iZf Agenda Item No. 8B January 23, 2007 Page 252 of 260 5.3 Swales and Grassed Water Storage Areas These provide for conveyance and /or above- ground (or surface) storage of stormwater. With age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded and/or revegetated. It is a good idea to compare the existing slope and dimensions of the swale with the permitted design plans prior to the removal of excess sediment or regrading. Areas that show erosion should be stabilized with appropriate material such as sod, planting, rock, sand bags, or other synthetic geotextite material. Regular mowing of grass swaies is essential. These areas also improve water quality by catching sediment and assimilating nutrients, and recharge the underground water table. Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked for blockage, and, if necessary, flushed with a high - pressure hose. After a storm, swales .may remain wet for an extended period of time. This is normal and the water will recede gradually. 5.4 Ditches or Canals Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags, shopping carts, tires, cars, etc. should be completely removed. Also check to make sure there are no dead trees or any type of obstructions which could block the drainage flow way. Maintenance cleaning /excavation must be limited to the same depth, width and side slope as approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit modification. Provisions must also be made to prevent any downstream silting or turbidity !C.ontact the SFVVk!'? Resource Compliance staff if you are unsure or need ciarification.? Be sure to dispose of all removed material properly so it won't affect any other water storage of conveyance s.,ystem, enviror:mental area, or another owner's property. 5.5 Jutfall Structure (also called the Discharged Control Structure or Weir) The outfall structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water flow through the structure should be removed. The structure should have a baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections shouid then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. 5.6 Earthen Embankments (Dikes and Berms) Check for proper elevations, width and stabilization. Worn down berms - especially if used by all- terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re- vegetated. Agenda Item loo. 8B January 23, 2007 Page 253 of 260 6.0 Water Quality Testing To ensure proper operation of the overall treatment system, monitoring will be performed at one outfall (SW -1) from the (Project Name) if there is a flow over the weirs. According to the proposed Water Quality Monitoring Plan, monitoring may occur 3 times a year, once during the dry season (February/March) and twice during the wet season (August/September). A manual grab sample will be collected at the SW -1 outfall location and analyzed for various constituents and parameters as described in the Surface Water Quality Monitoring Plan. Trained and certified personnel will perform sample collection and laboratory analysis. The results of the laboratory analyses will be submitted to South Florida Water Management District as part of an annual water quality mnitoring report by December 31 of each year. 7.0 Construction Activities A Stormwater Pollution Prevention Plan ( SWPPP) has been prepared for construction activities to minimize activities contamination that may be caused by erosion and sedimentation during the construction process. The plan includes provisions related to soil stabilization, structural erosion controls, waste collection disposal, offsite vehicle tracking, spill prevention and maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a part of hereof. EXHIBIT Agenda item No. 8B CONSTRUCTION POLLUTION PREVENTION PLAN January 2 ,3, 2007 for Page 254 of 280 SITE DESCRIPTION Project Name and Owner Name and Location: (Latitude, Address: Longitude, or Address) Description: (Purpose and Types of Soil Disturbing Activities Construction in this project will generally consist of site clearing, take excavation, and construction of roadways, utility infrastructure, golf course, and multi -use vertical construction. Soil disturbing activities will include: clearing and grubbing, installing a stabilized construction entrarce, permeter berming and other erosion and sediment controls; grading; excavation for the storm water management take, storm sewer, utilities, anrzbuilding foundations; construction of curb and gutter, road, and parking areas; and preparation for final planting, sodding, seeding and Mulching. Runoff Coefficient: - Site Area: ) Sequence of Major Activities. The order of activities will be as follows: 1. Installation of stabilized construction entrance. 9. Complete grading, subgrade and base course construction. 1. Partial clearing and grubbing 9 Complete final paving. 1. Install perimeter berm(s) or sit,, fences with strawy bale 9. Complete landscape grading and install permanent seeding barrier(s) adjacent m wetland areas. and olantiogs Continue ciearing and grading - When a!! construction acti•,ity is ccmp'eie and the site is 1 G %nStrJC ?tGn St Drm water ma,rage­,3'1: !akes stabi,:zed. - eimov2 stFav,, bate 1. Stockpile =xcavated sell carriers anc filter fences snd , seed ary areas d;3,jr_�e:� t-;, 1. Stab li =e denuders areas and stockpiles ,,vil ) 21 days of their re�icvai. Iasi construction aclivity in that area. i Install Utilities, stcr rn sewef, curb and . ut'.e, Name of Receiving Waters CONTROLS Erosion and Sediment Controis I Stabilization Practices Temporary Stabilization. Top soil stock piles and disturbed portions of the site where construction activity temporarily cease for at least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity in that area The seed shall be Bahia, millet, rye, or other fast - growing grasses. Prior tc seeding, fertilizer or agricultural limestone snail be applied to each area to be temporarily stabilized. After seeding, each area shall be mulched with the mulch disked into place. Areas of the site which will be paved will be temporarily stabilized by applying limerock subgrade until bituminous pavement can be applied. Permanent Stabilization: Disturbed portions of the site, where construction activities permanently cease, shall be stabilized with sod, seed and mulch, landscaping, and/or other eeuivatent stabilization measures (e g., rip -rap, geotextiles) no later than 14 days after the date of the last construction activity. The sod shall typically be Fbratam or Bahia sod. Prior to seeding, fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized After seeding, each area shall be mulched with the mulch disked into place. EXH I €SIT Agenda Item No. 8B January 23, 2007 Paae 255 of 260 CQNTROLS (Coniinued) ...:._ . Structural Practices Silt Fence I Straw Bale Barrier - will be constructed along those areas of the project that border adjacent wetlands. At a minimum, the silt fence and /or straw bale barrier will be placed along all wetland buffers and all Corps of Engineers jurisdictional wetland boundaries. Straw Bale Drop Inlet Sediment Filter - will be placed around all constructed storm drain inlets immediately upon completion of construction and shall remain in -place until the contributing drainage area is stabilized. Alternatively, grate inlets can be covered with filter fabric material until stabilization. Storm Water Management The project will utilize a system of lakes to provide the required water quality treatment and attenuation. Discharges from the wate management system will be regulated by a series of water control structures. These control structures will be used to maintain wate levels in the detention facilities that will maintain or restore the hydroperiod in the wetlands and flowways. The water control structure will also be used to restrict the discharges from the project as described above. Dry pre - treatment will be provided for the golf course maintenance facilities and commercial parking lot runoff prior to discharge into the lake system. Spreader swales will -be used at appropriate locations to disperse flow and dissipate energy of runoff into wetlands. Spreader swales wil also be used at appropriate locations to disperse flows discharged from the water management system into receiving flowways Spreader swales will be heavily planted with native vegetation to help buffer the transition from the manmade lakes to the natura systems. DISCHARGE RATES ;OTHER CONTROLS. Waste disposal: Waste Materials: All waste materials wia be collected and stored in a trash dumpster wh +ch will meet all local and State solid `haste management r=gulatior :; All trsh and ccnstru l:.-,n debris from the site w !i be deposited in this dumDstar The durrpste, will Lne emptied 2S r?`•1 _II'2'; dU° �O 'JS? a�r1; O' cici° aril lo`.-. DI '?;I!lattor's, 1 ^fith. the bash d'.spcsed o' ? the ��{= 'CCrI =[e i _ ..ill �,,e,r3t;•_^ NC ..OnStfJCilOn lv8n;e R'.aier a{S �Vili ve bt,f.�d Or1S1(B. All pe "SOCIIc will -e instructed regar Inr vii- correct prore'd e for waste ❑ISJOSaI ciic =s staling these pra _-tices v,,dl be pasted in the constroc ?ion office trailer. H3zardOJs V``lastel All h.:zardo.:s vvas!e I"aterialS A101 ce d:S^OSed of in the marnar Specified by local Or State regulation or by the manufacturer. Site personnel %vkl be instructed in these practic -s. a -d.r; '✓d15te All sar,ilar Niaste will be Collected from tr,e portable units b`i a 1 -c ', licensed, City of Foi'' Myers sanl(ar-J 'N35te 'ranaae :Merit contractcr, as required b Iccai-- Offsite Vehlcie Tracking: A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments. As they are completed, paved streets will be swept as needed to 'remove any excess muck, dirt, or rock tracked from the site. Dump trucks hauling material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLS /MEASURES installation of hay bail / silt fence barriers (around wetlands) and stabilized construction entrance will be constructed prior to extensive clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent sod, seed and mulch, landscaping, and /or other equivalent stabilization measures (e.g., rip -rap, geotextiles). After the entire site is stabilized, the silt fence / straw bale barriers can be removed. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REGULATIONS The storm water pollution prevention plan reflects the United States Environmental Protection Agency and the South Florida Water Management District (SFWVVD) requirements for storm water management and erosion and sediment control, as established in the Chapter 40E -4 FAC and Chapter 373 FS. EXHIBIT 13, 3, is:Opa. 719'1 or OR je,, ANS Agenda Item No. 86 January 23, 2007 M-iGYi 71,Fnf `1n(1 EXHI 1 j3, 3119�2004 31971 VW 0— 3EVANS OJ9'�•CC2 Cam• ECJR- -508 MAfNT1ENA1lIN�PECTIQN PROCEDURES Erosion and Sediment Control Inspection and Maintenance Practices These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. + All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater. + All measures will be maintained in good working order; if a repair is necessary, it shall be corrected as soon as possible, but in no case later than 7 days after the inspection. + Built up sediment will be removed from silt fence when it has reached one -half the height of the fence. + Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. + Temporary seeding and permanent sodding and planting will be inspected for bare spots, washouts, and healthy growth. + A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. + The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and foc completing the inspection and maintenance reports. Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. Non -Storm Water Discharge It is expected that the following non -storm water discharges will occur from the site during the construction period. Water from water line flushings. Pavement wash waters (when no spills or leaks of toxic or hazardous materials have occurred). > Uncontaminated groundl,vater (from dewatering excavation). All on -stcrm v, ­_tar jischarge_ will to rected to the storm water management faciiit e3 prior tJ dlSCharoe. INVENTORY FOR POLLUTION PREVENTION PLAN Tne materials or substances listed belo,,,j are expected to be present onsite during construction: + Concrete + Fertikzers . Detergn- n1S + Petroieum Based °rz:ducts + PBmis (enamel and later.) � Cleaning Solvents + Metal Studs + Wood . A;Ghalt + Masonry ElIc:.k + Roofing Shingles I . Clay or concrete bricks EXHI 1 j3, 3119�2004 31971 VW 0— 3EVANS OJ9'�•CC2 Cam• ECJR- -508 Agenda Item No. 813 January 23, 2007 Pan- 24 of X60 `SF�i1.LiEIENT�QNt .. Material Mana einent Practides The following are the materials management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekee in The following good housekeeping practices will be followed onsite during the construction project: An effort will be made to store only enough product required to do the job. All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers, and if possible, under a roof or other enclosure. Products will be kept in their original containers with the original manufacturer's label. Substances will not be mixed with one another unless recommended by the manufacturer. Whenever possible, all of a product will be used up before disposing of the container. Manufacturers' recommendations for proper use and disposal will be followed, The site superintendent will inspect to ensure proper use and disposal of materials onsite. Hazardous Products: These practices are used to reduce the risks associated with hazardous materials: Products will be kept in original containers unless they are not resealable. Original labels and material safety data will be retained; they contain important product information. If surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be followed. Product Specific Practices The following produce specific practices will be followed onsite: Petroleum Products: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of Isaka e. Petroleum products will be stored in tightly seated container which will be clearly labeled. Any asphalt sutstances uses~ onsite Anil be applied in accordance with the manufacturer's recommendations and standard construction practices. Fertilizers: Fertilizers will be applied only in the minimum amounts recommended by the manufacturer Once applied fertilizer will be vr-rka- into the Soil to Emit exposure to storm water. Storage will be in a covered shed. The contents of -3n'✓ pai iak f used lags of ferlijizer wilt be transferred to a sealabie plastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use. Excess pairt will not be discharged to the storm sewer system but will be properly disposed of according to manufacturers' instructions and /or state and local regulations. EXHIBIT 13,5 3J19R004- 71971 Ver. 011. JEVANS C761C391 1 )C'< - -CO- c COFi- 7508 Agenda Item No. 8B January 23, 200 SPILL PREUENT1Ql:(Catiitwedj -5 ill Control Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup. • Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. • Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include —but not be limited to- -rags, gloves, goggles, kitty litter, sand, and plastic and metal trash containers specifically for this purpose. • All spills will be cleaned up as soon as possible after discovery. • The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. • Spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of the size. - • The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill If there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. • The Contractor's site superintendent will be responsible for the day -to-day site operations and will be the spill prevention and cleanup coordinator. He will designate at least two other site personnel who will receive spill prevention and cleanup training. These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the office trailer onsite. EXHIBIT 13'- 3115,-2004.31971 V11 01,.JEVANS :_3 035 w OC2-Cnr,- October 21, 2006 Melissa Zone, Principal Planner Collier County Government Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Zone: Agenda Item No. 813 January 23, 2007 Paae 259 of 260 On Thursday November 2, 2006 at 8:30 a.m. the Collier County Planning Commission will meet for a public hearing regarding Petition: PUDZ -A- 2006 -AR -9021. The Collier County Transportation Division is requesting a PUD to PUD Rezone to amend 99.3 acres from the Club Estates PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD). Per conversations with Fred Reischl, AICP, of Agnoli Barber & Brundage and other County officials, the County intends to build a low impact park on the Eastern half of the property and leave the Western half alone. This land would be used for these purposes in perpetuity and would be included in the LASIP Conservation Area. All exotic vegetation would be removed from the acreage. The Community of Naples Lakes Country Club agrees with the new zoning and allowing a park to be built on this property but wishes the County to make these considerations for the new park. 1. Strict hours of operation for the park with no one allowed at the park from dusk to dawn. 2. Limited supervision of the park by County staff. 3. A Security Gate that would be locked when the park is closed. We appreciate your consideration in these matters. Si Gre�) r /C� Ted Beisler General Manager CC: Collier County Planning Commission Board of County Commissioners F1 4784 Inverness Club Drive • Naples, FL 34112 C° Ph: (239) 732 -6700 • Fax (239) 732 -6402 • Pro Shop (239) 732 -1011 Agenda Item fro. 83 January 23; 2007 Page 260 of 260 brock m From: ZoneMelissa Sent: Wednesday, December 06, 2006 4:13 PM To: 'Susan Fariz'; bellows-r; brock m; CarrelDanelle; filson_s; johnson_c; martin-c; 'minutes and records'; phillips_s; SandersBob Cc: 'Fred Reischl; wiley_r, kurtz _g; GianfranooNicolaci; PDIMRF @aol.com; PDITFF(aD' aol.com; bellows-r; SchmittJoseph; murray_s; CaudillSoottTrinity Subject: RE: Homes of Islandia (PUDA- 2006 -AR -9576) The applicant for PUDA- 2006 -AR -9576 Homes of Islandia has requested a continuance for the public hearing schedule for December 12, 2006 of the Board of County Commissioners. This is a companion item and I have spoken to the agent Fred Reischl for the county as well as Trinity Caudil -Scott in Transportation and they agreed that their companion item should also be continued. That petition is PUDZ -A- 2006 -AR -9021 LAMP. As soon as a new hearing date has been determined I will contact everyone on the list. Thank you Melissa Zone Principal Planner Department of Zoning & Land Development Review 2300 N. Horseshoe Dr. Naples, FL 33104 239- 213 -2969 From: Susan Fariz [mailto:pdismf @aol.com) Sent: Wednesday, December 06, 2006 2:46 PM To: ZoneMelissa; bellows-r; brock_m; CarrelDanelle; filson_s; johnson_c; martin-c; 'minutes and records'; phillips_s; SandersBob Cc: 'Fred Reischl'; wiley_r; kurtz _g; GianfrancoNicolaci; PDIMRF @aol.com; PDITFF @aol.com Subject: Homes of Islandia (PUDA- 2006 -AR -9576) Good aftemoon, all. Please find enclosed our form to request continuance for the Homes of Islandia PUDA Amendment (PUDA- 06 -AR- 9576). This petition is currently scheduled for the December 12, 2006 BCC meeting. Thank you. Sincerely yours, Susan -M. Fariz Project Coordinator PLANNING DEVELOPMENT INCORPORATED Development Consultants, Civil Engineers, Planners and Landscape Architects 5133 Castello Drive, Naples, Florida 34103 P 239.263.6934 F 239.263.6981 12/6/2006 Agenda Item No. 8C January 23, 2007 Page 1 of 159 EXECUTIVE SUMMARY DOA - 2005 -AR -8543 Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ -A- 2005 -AR- 8550). OBJECTIVE: That the Board of County Commissioners review the request to amend the Pine Air Lakes Development of Regional Impact (DRI) Development Order (DO) as noted above and to ensure that the community's interest is maintained. CONSIDERATIONS: The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); and extend the buildout date from October 15, 2005 to October 15, 2010. FISCAL IMPACT: The PUD amendment, 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 PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with comlecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 1 of 4 Agenda Item No. 8C January 23, 2007 Page 2 of 159 Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. ENVIRONMENTAL IMPACT: The Environmental Review Staff has recommended approval since the petition will not cause any impacts to any wetland preserve area. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since this petition did not have environmental impacts it was not required to go to the Environmental Advisory Council. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the Southwest Florida Regional Planning Council (RPC) and Department of Community Affairs (DCA) staff, who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. TRANSPORTATION ISSUES: Transportation Planning Department staff has reviewed the petition. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. Transportation Planning Department staff has evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The proposed change was determined to be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06(19) because the addition of 293,000 square feet was detennined to trigger the thresholds found in the FS to require additional review. The analysis required focused on Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 2 of 4 Agenda item No. SC January 23, 2007 Page 3 of 159 regional issues of transportation and affordable housing. These two issues are addressed in the Draft DRI DO document prepared for this petition. The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff. The RPC assessment is attached to the application. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on December 21, 2006. Commissioner Adelstein made a motion to approve the petition with staff's recommendation and the stipulations added by Commissioner Strain. Commissioner Tuff seconded the motion. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. Those commissioners who voted against the motion indicated that they had concerns about the project's intensification, perceived additional traffic congestion, and the loss of perceived necessary office space. Those commissioners voting in support of the motion took the opposite stance, noting that the traffic situation would be improved and office uses were more desirable at this location. Commissioner Strain's stipulations are as follows: The remainder of the project's development shall be phased. The first phase shall contain a maximum of 805,000 square feet of floor area. No certificates of occupancy shall be issued for any remaining square footage until the following roadway improvements are fully operational (The PUD document and the DRI development order set forth the exact requirement language): The developer shall extend the north bound left turn lane from Airport Road into Naples Boulevard stacking lane in compliance with the requirements set forth by the Transportation Division and said improvements shall be completed and operational within one year of this PUD Amendment and Development Order amendment approval. The developer shall construct the additional east bound lane on Naples Blvd. heading north onto Airport Road within two years of this PUD Amendment and Development Order amendment approval. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the following criteria: • Chapter 380.06(19)(c) Florida Statutes (F.S). Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 3 of 4 Agenda Item, No. SC January 23, 2007 Page 4 of 159 • LDC Section 10.02.13.E.1.j. which states, "Statutory Requirements. All statutory requirements as set forth in Subsections 380.06 (9) through (12), 380.06 (19) and 380.06 (26), Florida Statutes, as may be amended, together with the implementing regulations applicable to DRIs set forth in the Florida Administrative Code shall apply." RECOMMENDATION: That the Board approve Petition DOA - 2005 -AR -8543 as otherwise described by the amending DRI Development Order resolution included with this Executive Summary. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Executive Summary for Pine Air Lakes, DOA - 2005 -AR -8543 January 23, 2007 BCC hearing Page 4 of 4 Agenda Item Lilo. 8C January 23, 2DO7 Page 5 of 159 COLLIER COUNTY" BOARD OF COUNTY COMMISSIONERS ....,.... Item Number: F+C Item Summary: This item requires that all participants be. sworn ;n and ex pane disclosure be provided by Conrrr a,r memoers DOA- 2005 -AR -8543. Airport Road Limped Partnership represented by Karen Bishop of PMS. Inc _ and Richard Yovanovich. of GDodlette, Colemar and ,ichnson- requesting an amendment to the Pine Air _akes Development of Regional Impact (DRI) Development Order to allow an increase nit the maximum development area of 957.000 square footage (furtner limited to 707.000 square feet of retail and 250,000 square feet of office). to a maximum total of 1 .075,000 square feet (further limited to 1.000,000 square feet of retail space and 75000 square feet of office use), extend the buildout date from October 5, 2005 to October 1,";, 2010, The subject 142 99 acres, is located along the west side of Airport- Pulling Road, pal to and approximately 1,600 feet north of Pine Ridge Road, and along both sides of Naples Boulevard, in Section 11, Township 49 South, Rarge 25 East, Collier County, Florida (Companion to Petition PLIDZ- A- AR- 8550). Meeting Date: '12312007 9.00.00 AM Prepared By Kay Descent. AICP Principal Planner Date Community Development & Zoning & Land Development Review 12/2112006 7:14:13 AM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Servicos Admin. 1212112006 5:16 AM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 1212212006 8:35 AM Environmental Services Approved By Susan Murray, AICP Zoning & Land Development Director Date �,... Community Development & Zoning R Land Development Review 1212212006 12:29 PM Environmental Services Approved By Marione M. Student- Styling Assistant County Attorney Date County Attorney County Attorney Office 12!2712006 8.28 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 12:2712006 2:07 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development R 12..27;2 "vOf.3a7 PM 'environ rental "services Environmental Services Admin, Approved By Community Development & Joseph K. Schmitt Dote Environmental Services Administrator Communty Development & Community Development & Environmental Services Environmental Services Admin. 12'28'2006 5:08 PM Approved By Constance A. Johnson opera5cns A.na!yst Da ±e Community Development & Community Devebpment & 1,�3'2007 8:24 AM Environmental Service, Environmental Services Admin. Approved By OMB Coordinztor Applicanons Analyst Date Administrative Services Information Techr=ology 1!512007 7:46 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Mansgemenl & Budget 111012007 8'49 ANI Approved By James V. Mudd County Manager Date Board of County County Manager', Offoe 1;1412007 7:2> PM Aqen�,'a 11E,,ni Na 8C January ' 3. —'l DO 7 Pape 6 of 159 commissioners Agenda Item No. 8C January 23, 2007 Page 7 of 159 GO *6-r Count y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: DECEMBER 12, 2006 SUBJECT: PETITION NO: DOA - 2005 -AR -8543 FOR PINE AIR LAKES DEVELOP -MENT OF REGIONAL IMPACT (DRI) [COMPANION TO PUDZ -A- 2005 -AR -85501 APPLICANT: Mr. Jason Wagner, Vice President Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, Fl 34103 AGENTS: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 REQUESTED ACTION: Mr. Richard D. Yovanovich, Esquire Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); and extend the buildout date from October 15, 2005 to October 15, 2010. GEOGRAPHIC LOCATION: The subject 148.99 acres, is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. Pine Air Lakes DRI, DOA - 2005 -AR -8543 December 12, 2006 CCPC Page 1 of 3 Agenda `tern No. 8C January 23, 2007 Page 8 of 159 PURPOSE/DESCRIPTION OF PROJECT: The Board of County Commissioners (BCC) approved Development Order 85 -5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1.280,600 square feet of commercial floor area which included 707,000 square feet of retail regional mall, 368,600 square feet of office, 350 hotel rooms and 322 rooms of institutional use. The Southwest Regional Planning Council (RPC) appealed that Development Order and the appeal was settled by the BCC adopting Resolution 86 -63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94 -25 changing the square footage from 11280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The 1994 Notice of a Proposed Change (NOPC) also extended the build -out date from October 15, 2000 to October 14, 2005. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The proposed change was determined to be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06(19) because the addition of 293,000 square feet was determined to trigger the thresholds found in the FS to require additional review. The analysis required focused on regional issues of transportation and affordable housing. These two issues are addressed in the Draft DRI DO document prepared for this petition. The RPC addressed NOPC this to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff. The RPC assessment is attached to the application. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the RPC and DCA staff, . who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA - 2005 -AR -8543 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Pine Air Lakes DRI, DOA - 2005 -AR -8543 December 12, 2006 CCPC Page 2 of 3 Agen�a Item No. 8C January 23, 2007 Page 9 of 159 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2 t ellpto1 : • JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 23, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Pine Air Lakes DRI, DOA - 2005 -AR -8543 December 12, 2006 CCPC Page 3 of 3 Jr`- m CO o p N z o �o N � � L N cm cz C6 J @ c S_ Q 311'DS a MN / 7 I y n DtlVl31llOB YLVBtlY! tl1MB 'S{ qq � se- 3lnmattn i IRS O 6 � dN3 3NId ROAD d J 3 � OWN NNDONIA'7 jvu4aumN g I � aNrTCld- taDdtav &� �� rnonexiv>2- .uwden \ `�_� Normm Dvoa I i Fir and Gruapbp,, Doc B 'il ��� ss�rnomrn C 2 Vlvd woui4Yl13 -�aom QQ S It9'aN 'llYtlt I ftwL ltr'f'N IIVLLI VYVY7p'1 Agenda Item No. 8C January 23, 2007 Page 11 of 159 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS REGIONAL IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMENT APPROVAL SUBMITTED OCTOBER 6, 2005, FIRST SUFFICIENCY RESPONSES DATED JANUARY 319 2006 AND SECOND SUFFICIENCY RESPONSES SUBMITTED JULY 20, 2006, IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. AFFORDABLE HOUSING (Refer to Appendix I -A) Based on the supply analysis provided by the housing consultant for the applicant there is adequate supply of for sale and for -rent affordable housing needs in all phases of the DRI. That analysis based on the 20- minute radius around the project determined the total number of vacant for rent units is approximately 2,033. The analysis assumes 2,024 vacant for -rent units for the range of price point for the DRI. The supply analysis for For -Sale Housing projection during the 3 -year future phase of the DRI an affordable supply of 351 very low income housing units, 1,424 low income housing units and 5,529 moderate income housing units within and 10- mile /20 minute market. Annually, the analysis expected there to be 241 very low income housing units, 605 low income housing units and 2,020 moderate income housing units within and 10- mile /20 minute market. Staff believes the analysis is incorrect because the University of Florida Shimberg housing study assumed a deficit in affordable housing for Collier County and as such there is no supply. Based on staffs insistence that there is no supply of affordable housing the applicant worked with county housing staff to develop a development order condition that requires a $78,000 contribution to the affordable housing trust fund in Collier County. If the $78,000 currently proposed is accepted staff believes that based on a review of similar developments in the regional this contribution is low. Furthermore, RPC staff and DCA have always required a cumulative analysis of the entire development's impact originally approved including existing development be analysis for whether additional regional impact mitigation is necessary within a substantial deviation application. This requirement is in the DRI law in Chapter 380.06(19)(b) Florida Statutes (F.S.) and Chapter 380.06(15)(g)1.F.S. Therefore, staff recommends the following conditions. RECOMMENDATIONS Agenda Item No, 8C January 23, 2067 Page 12 of 159 Any DRI Development Order issued by Collier County shall contain the following provision: a. To satisfy the project's affordable housing impacts cumulatively the applicant's mitigation for commercial and office shall be $206,424. The money shall be paid to Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one building permit is involved, then the money shall be prorated on a .50 cent square footage basis and a portion collected at each building permit. 2. TRANSPORTATION (Refer to Appendix I -B) The ADA SD analyzed the cumulative project impacts on transportation which from the original development is a total of 205,600 square feet less development. Many of the original road segments impacted by the project have been improved and as such did not have adverse impact of those segments. The development order changes to transportation are acceptable to staff. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: Traffic generated by Pine Air Lakes, when combined with other growth in the Area, will necessitate substantial roadway improvements, if level -of- service "D" peak hour - peak season conditions are to be maintained. Conditions: a. The developer shall provide has provided a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road and Airport Road when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. b. The developer shall provide arterial level street lighting at each of the project accesses on Pine Ridge Road and Airport Road. This shall be waived in prior roadway improvements by the County include a street lighting system. c. The applicant shall be required to pay the full cost for any site - related intersection improvements (including but not limited to turn lanes and additional side street or driveway through lanes) found to be necessary by Collier County for the project's access intersections onto Airport Road (CR 31) and Pine Ridge Road. Agenda Item No. 8C January 23, 2407 Page 13 of 159 d. The following regional roadways and intersections are projected to be significantly impacted (5% of LOS D — peak hour, peak season) prior to project buildout. Significantly Impacted Roadways are: 1. Airport Road • Immokalee Road to Vanderbilt Beach Road • Vanderbilt Beach Road to Edgewood Drive • Edgewood Drive to Pine Ridge Road • Pine Ridge Road to Gold Gate Parkway • Golden Gate Parkway to Radio Road • Golden Gate Parkway to Vanderbilt Beach Road • South of Pine Ridge Road • Pine Ridge Road to Vanderbilt Beach Road 2. Pine Ridge Road • U.S. 41 to Goodlette -Frank Road • Goodlette -Frank Road to Edgewood Drive Naples Boulevard • Edgewood Drive Naples Boulevard to Airport - Pulling Road • Airport - Pulling Road to I -75 • Airport Pulling Road to Livingston Road • Goodlette Frank Road to I -75 3. Immokalee Road ■ Airport - Pulling Road to 1 -75 4. Vanderbilt Beach Road • Airport - Pulling Road to Livingston Road • Livingston Road to Oaks Boulevard • Oaks Boulevard to Logan Boulevard Significantly Impacted Intersections are: 5. U.S. 41 /Pine Ridge Road 6. Airport- Pulling Road/Radio Road 7. Airport - Pulling Road /Golden Gate Parkway 8. Airport - Pulling Road/Pine Ridge Road 9. Airport - Pulling Road/ Edgewood Drive Naples Boulevard 10. Airport - Pulling Road/Vanderbilt Beach Road 11. Airport - Pulling Road /Immokalee Road 12. Pine Ridge Road /Goodlette -Frank 13. Pine Ridge Road /Edgewood Drive Naples Boulevard 14. Naples Boulevard at Costco Access 15. Naples Boulevard at Regal Cinema Access 16. Naples Boulevard at Lowe's Eastern Access e. The applicant shall mitigate its impact on the regional and local roadway and intersections identified herein as follows: Agenda Item No. 3C January 23; 2007 Page 14 of 159 i) The Applicant shall make the improvements specified in 6(a), (b), and (c) hereof. ii) The Applicant shall be subject to all lawfully adopted transportation impact fees. iii)The Applicant has constructed shall be responsible for the construction of Edgewood Drive Naples Boulevard from its terminus on the southern property boundary to and including the intersection improvements needed at its juncture with Airport Road. This roadway is expected to provide an alternative to and relieve some traffic pressure on the Pine Ridge- Airport Road intersection. iv)Applicant shall be required to make the following improvement to Airport Road: a) When requested by Collier County Transportation Department, Applicant has contributed shall contribute the necessary funds (approximately $80,000) for designing six -lane improvements from the currently designed terminus at Cougar Drive to the northern access point of Pine Air Lakes on Airport Road. b) At the time of issuance of the first building permit for vertical construction in Pine Air Lakes, the Applicant has contributed shall be responsible for contributing (by escrowing with the County) the necessary funds to six -lane Airport Road from its currently scheduled terminus at Cougar Drive north to the northern access point of Pine Air Lakes on Airport Road. The actual amount of the contribution shall be the full amount necessary to accomplish the six -lane improvements as determined by actual bid price. In the event that amount has not been determined at that point in time, the amount to be escrowed shall be as estimated by the County Transportation Department to accomplish said six -lane improvements with at least one left turn at Edgewood Drive Naples Boulevard. c) At the time the County Transportation Department deems a second left turn lane is warranted on Airport Road at the Edgewood Drive Naples Boulevard intersection, Applicant shall has contributed it's proportionate share of the costs incurred to install said second left turn lane at its expense and contribute the funds necessary for any improvements to Airport Road or the adjoining canal to accommodate the second left turn lane. 4 Agenda item No. 8C January 23, 2007 Page 15 of 159 d) Said contributions set forth in (a) and (b) above shall be have been credited to the Applicant, his successor or assignees, as a road impact fee credit. The amount of the credit shall be the contribution amount less any costs required for the design or construction of site - related improvements. For the purpose of this stipulation, site - related improvements shall be deemed to be any north bound or south bound turn lanes deemed required at each access point to Pine Air Lakes, signalization costs for the intersection of Edgewood Drive Naples Boulevard and Airport - Pulling Road, and any canal improvements associated with the Pine Air Lakes project. Collier County shall agree to use said contribution for the sole purpose of the above described six -lane improvements. v) The Applicant shall be subject to the Concurrency Management System of the County as set forth herein f. The regional roadway segments and all intersections with one exception on which this project has significant impacts are wholly within the jurisdiction of Collier County. The sole exception is the intersection of U.S. 41 and Pine Ridge Road. The County has made the decision to plan for and manage the impacts of this DRI through its duly adopted - comprehensive plan. The County has considered the regional roadway segments and regional roadway intersections set forth in 6.d. hereof, including the U.S. 41 -Pine Ridge Road intersection, and has determined to require the project to be subject to and to comply with the Concurrency Management System (CMS) of Collier County as adopted in its Growth Management Plan and implemented by the Adequate Facilities Ordinance (APF) Ordinance No. 93 -82, a copy of which is attached hereto as Exhibit "F ". After due consideration of the alternatives, the County has determined that to require compliance with concurrency as mandated by the CMS, in addition to the other mitigation required in 6.e. hereof, is the appropriate way to accommodate the impacts of this project and to assure that transportation facilities are provided concurrently with the transportation impacts of this project. g. The Adequate Public Facilities Ordinance (APF) requires the Growth Management Director to complete an Annual Update and Inventory Report (AUIR) by August 1 of each year on roads and public transportation facilities based on the adopted level of service. The applicant shall provide within fifteen (15) days of publication each year a copy of said AUIR on the regional facilities set forth in 6.d. to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs (DCA). 5 Agenda Item No. 8C January 23. 2007 Page 10 a. 159 h. The Board of County Commissioners is required by the APF to establish Areas of Significant Influence (ASI) around any road segment or intersection which is operation at an unacceptable level of service (LOS) or is projected to operate at an unaccepted LOS and is not scheduled for improvement in the Capital Improvement Element (CIE) of the Comprehensive Plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to the APF. Projects within the boundaries of an ASI are, with few exceptions not relevant herein, prohibited from obtaining further Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity, if any, of these road segments impacts to the deficient or potentially deficient facility. The applicant shall notify SWFRPC and DCA within five (5) working days after receipt of notice of a public hearing to determine the boundaries of any ASI on any facilities listed in Section 6.d. hereof. i. If any of the road segments identified in this paragraph become deficient, The County shall establish an Area of Significant Influence around such segment pursuant to criteria set forth in the APF. j. In addition to the provisions of the Collier County APF Ordinance: i) The Pine Air Lakes Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities Ordinance No. 93 -82 as that Ordinance existed on May 10, 1994. Any amendment to the transportation portions of the Ordinance by Collier County shall not be effective or applied to the DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. ii) In the event that Collier County designates an ASI around a deficient road segment that is predicted to be substantially impacted by Pine Air Lakes, and the ASI does not include this DRI, then the applicant shall be required to file a Notice of Change of this Development Order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant to Section 380.06(19), Florida Statues. iii)The applicant shall file a Notice of Change within sixty (60) days from the date the County creates an ASI for such a deficient road segment that excludes the DRI. The applicant shall file with the Notice of Change, a current traffic analysis and other information attempting to establish that the DRI is not having a substantial impact upon the pertinent road segment, or other justification for the County's exclusion of the DRI from the ASI. If an ASI is established for any IT Agenda item No, &C January 23, 2007 Page 17 of 159 deficient road segment listed in Paragraph 5.d. of this Development Order that does not include the Pine Air Lakes DRI, the DRI shall not apply for or be issued any further Certificates of Public Facility Adequacy until: (1) the Notice of Change decision is made by Collier County, if neither DCA nor SWFRPC participates in the public hearing on this Notice of Change pursuant to Subsection 380.06 (19) (f), Florida Statues and the change is adopted by Collier County, as proposed; or (2) until any appeal of such decision to the Florida Land and Water Adjudicatory Commission is resolved. iv)For purposes of this Development Order, the DRI shall be deemed to have a substantial impact upon a deficient road segment if its traffic impacts exceed five percent (5 %) of the level of service "D" peak hour - peak season capacity of the roadway. v) The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the DRI Development Order to record its determination whether or not the DRI is having a substantial impact upon the deficient road segment or otherwise should not be included within as ASI for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to the DRI. The amendment to this Development Order is appealable pursuant to Subsection 380.06 (19) and Section 380.07, Florida Statutes. vi)If neither DCA nor SWFRPC participate in the public hearing on the Notice of Change pursuant to Subsection 380.06 (19) (f), Florida Statutes and the change is adopted by Collier County as proposed, the DRI may be issued Certificates of Public Facility Adequacy following the County's Development Order decision. If either DCA or SWFRPC participates in the public hearing, the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes and no appeal has been filed. k. Collier County and the applicant may consider other options to provide adequate commitments for needed improvements to transportation facilities set forth in 6.d. hereof provided that said options meet the following criteria: i) The transportation impacts to the roads and intersections outlined herein shall be addressed consistent with SWFRPC policies and said options or mitigative measures shall be adopted in accordance with 7 Agenda item No. 8C January 23. 2007 Page 18 of 159 Sections 163.3220- 163.3243, Florida Statutes, which authorize local government development agreements or as authorized by Rule 9J- 2.0255, Transportation Policy Rule. ii) Any such option would be implemented only after a Notice of Change procedure as outlined above. 1. Except for the three access points provided on Airport Road all All access to individual parcels shall be internal. m. Exception to the Subdivision Regulations requiring sidewalks on both sides of the street shall not be waived and additional crosswalks may be required and approved by the County Engineer during the site plan review process to join sidewalks at places other than at intersections. n. Development shall be limited to parcels immediately adjacent to Airport Road until easements for Edgewood Drive are obtained and dedicated to the County; Edgewood Drive is constructed; and the water system is looped in accordance with the Utilities Division's regulations and requirements. n. The Pine Air Lakes project shall have the right to convert office space into retail space or retail space into office space, with the conversion rate between the different uses to be as set forth below (the conversion rate has been determined by an equivalent trip generation analvsis). Up to 50,000 square feet of office area can be converted into retail area at the rate of 100 square feet of additional retail area for every 420 square feet of office area converted. Additionally, up to 50,000 square feet of retail area can be converted into office area at the rate of 100 square feet of additional office area for every 24 square feet of retail area converted. The maximum square footage allowed is 1,075,000. 3. Solid Waste /Hazardous Materials (Requirement of the Preapplication Ouestionnaire Checklist At the preapplication meeting the applicant agreed to commit to the standard conditions required for this issue. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: a. The applicant will provide the projected solid waste quantities for all residential, commercial, industrial, and institutional developments. Agenda item No. 8C January 23, 2007 Page 19 of 159 b. The applicant will provide official letters of commitments from the local government jurisdiction, and the applicable franchise haulers showing ability to serve the project =s solid waste and hazardous waste needs. C. The applicant will incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume by incorporating practices such as conservation, recycling, trash compaction, and mechanical shredding. d. Any business found within the development boundary that generates hazardous waste will be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such business. However, there will be no siting of hazardous waste storage facilities contrary to the county zoning regulations. e. The project will be bound by all applicable recycling requirements in effect in the County at the time of the development. L Any Buildings where hazardous material /waste is to be used, displayed, handled, generated or stored will be constructed with impervious floors with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water. g. Discharge of hazardous waste effluent into the sewage system will be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 4. GENERAL CONSIDERATIONS In the "Pine Air Lakes Substantial Deviation ADA," numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this staff assessment. Additionally, the ADA provided a phasing schedule that provided the timing basis for this review. If the applicant significantly alters this phasing schedule, then many of the basic assumptions of this approval could be substantially changed, potentially raising additional regional issues and /or impacts. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: a. All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary 9 Agenda item No. PAC January 23; 2007 Page 20 of 159 documents) that are not in conflict with specific conditions for project approval outlined above or in the current Pine Air Lakes DO as amended are officially adopted as conditions for approval. b. The developer shall submit a biannual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. C. The development - phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. d. If the local governments, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order has occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining addition substantial regional impacts. e. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front - ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. f. The local development order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651 Florida Statutes. 10 Agenda Item No. 8C January 23. 2007 Page 21 of 159 APPENDICES ANALYSIS OF REGIONAL ISSUES The Council staffs assessment of the "Pine Air Lakes Substantial Deviation DRI" identified four issues of regional concern: affordable housing, transportation and consistency with the local comprehensive plan and regional policy plan. The SWFRPC staff reports for these issues are attached as Appendix I. Before formulating the recommendations in the previous section, the SWFRPC staff analyzed the entire local and regional issues discussed in the Pine Air Lakes application for development approval and existing Pine Air Lakes development order. As a part of each analysis, the staff determined the project's impacts, any necessary remedial action and the applicant's commitments to a solution. Such determinations were based upon both the calculations and estimates of the applicant, Collier County development review staff and Council staff. Where applicable, support correspondence is included. A draft development order is included in the Appendix II. The Substantial Deviation Monitoring Form is found in Appendix III. lI TRANSPORTATION CONSULTANTS, INC. Age Ada Ifern No. 8C January 23, 2007 Page 22 of 15© SUBSTANTIAL DEVIATION ANALYSIS FOR A DEVELOPMENT OF REGIONAL IMPACT QUESTION 21 FOR PINE AIR LAKES DRI (PROJECT NO. 0503.08) 1'121 <,1'Al2Ell E3�': '1'R Transpo1-tatioil Consultants, lnc. 13851 Plantation Road, Suite 11 Fort Al ers, Florida 33912 239- 278- 3 { }9 {} / /j �4 ! Reid C. Fellows, P.1.. [:icense No.: 61673 Certificate of Arrthorizaiionr:27003 Revised November 10, 2006 Agenda Item No. SC January 23, 2007 Page 23 of 159 TRANSPORTATION CONSULTANTS, INC. CONTENTS I. PURPOSE OF REPORT SCOPE OF PROJECT 111. PRE-APPLICA'I"ION METHODOLOGY MEETING IV. QUESTION 21 -A V. QUESTION-21-13 Nil. QUESTION 21-C VII. QUESTJON21-D VIII. QUESTION 21 -E IX. QUESTION 21 -F X. QUESTION 21-C-i X1. QUESTION 2) 1-1-1 X11. QUESTION 21 -1 X111. CONCI-AJSION xiv. APPENDIX Agenda (tern fro. 8C January 23, 2007 Page 24 of 1:,9 TRANSPORTATION CONSULTANTS, INC. I. PURPOSE OF REPORT T'he following report has been prepared by TR Transportation Consultants, Inc. (formerly Metro Transportation Group, Inc.) in order to fulfill requirements set forth by Part IV — Transportation Resource Impacts (Question 21) of the .Application for Development of Regional Impact for projects seeking approval for a substantial deviation of an existing Development of Regional impact (DRI), More specifically, the report provides response to Question 21 as to define the anticipated traffic characteristics and establish any negative off-site roadway impacts associated with the development of the remainder of the Pine; Air I.,akes DRI. The report assesses existing traffic conditions and future: backgmund plus project traffic conditions in order to identify roadway mitigation needs and responsibilities. II. SCOPE OF PRO,IECT The Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest oFihe Airport Pulling Road/ Pine. Ridge Road intersection, Lie DRI "Ts originally approved in 19Fi for 1.280,600 Square feet of commercial floor arca. A revision to the DRI was approved in 1994 altering the square footage to include a total of 957,000 square 11.et of floor �Irca, designated as 707,000 square feet of retail uses and 250.000 square lief of office uses. In 2004, an extension of the termination date was grailtcd to October 14, 2005. As of March 31. 2005, there was approximately 374.3 10 square feet of comnnercial uses completed or alloc�ited within the I)RI. Of this floor area, approximately 13,459 square feet has been allocated as office use while the remaining 360,821 square feet has been allocated as retail uses. An additional 202,225 square feet of' retail uses are either permitted, under construction or within the permitting process, for a total of`563,046 square feet of retail uses and 13,489 square feet Of Office MY or a total of 576,535 square feet of cornniercial development that is in various stages of development. Pate 2 Agenda Item No. 8C January 23, 2007 Page 25 of 159 TRANSPORTATION CONSULTANTS, INC. Based on market conditions in the area, the Developer would like to add additional retail floor area ill order to fill the vacant parcels currently remaining With the DR1. The office market in this area of Collier County will most likely not support the development of 250,000 square feet of office space. "Therefore, conversion of office space to retail floor area is being requested along with additional retail floor area above the latest approved floor area of 707,000 square feet. It is the intention that the trip generation of the additional uses would lint exceed the trip generation of the originally approved floor area of' 957,000 square, feet. "Traffic surveys of the existing uses indicate that the uses that have developed within the DRI are not the typical "retail" uses. A members only Warehouse club, Costco, comprises approximately 138,564 square feet, a Lowe's 1--lone Improvement Store comprises approximately 129,235 square feet (115,746 square feet assigned as retail use and the remaining 13,489 square feet assigned as office space), a Regal Cinema comprises approximately 64,000 square feet and a Best Buy electronics store comprises approximately 45,350 square feet. Table I summarizes the existing as well as proposed development parameters being requested as part of this substantial devi".ltion. Table I Pine Air Lakes DRI 1..ind Uses I and t75e ] Ot i ;finally T . C Currelitly Proposed. Approved A Ahprati ed Retail 707,000 s.f. _ 707,000 s.f. 1 1I1,000,000 s.f. Office 3 368,600 s.f. 2 _ 7 75,000 s.f. — 2 I-Iole1 /insti tilt loll al 205,000 s.f, O ( O (3:i0IEotc' <. <. PRooms) 0 Total 1 1,280,600 s.f. — — 957,000 s.f. 1 1,075,000 s.f. ' Original DRI Approved in Collier Co. in 141bJ DRI Amended in 1994 Pine Air Lakes is anticipated to be completed in approximately 5 years. Therefore, this report examines thl 2005 existing traffic conditions and the year 2010 traffic conditions with the development traffic in order to asses the pro.jecCs impacts. N e3 TRANSPORTATION CONSULTANTS, INC. Agenda !tern No. 80 January 23, 2007 Page 26 of 159 Ili. PILE- APPLICATION MEE'T'ING A pre- application meeting was held with representatives of the Collier County Development Services Division and the SNVFRPC. A Transportation Methodology Report was prepared and subsequently revised alter the initial meeting on Monday February 28, 2005. As defined in the methodology report, the preliminary study area is defined by fie follomAg boundaries: • J & C Boulevard to the north • Airport Pulling Road!1'ine Ridge Road to the south The roadway segments analyzed within tiC preliminary study area were subject to the mcasur(mlent of the project's significant impact. '`Significant Impact" was measured as project traffic volumes representing 551 or more of We existing plus committed (E -1 C) Adopted roadway Lcvcl of Service, Levels of Service. were measured hased on tie Level of Service standards established by the Collier County Comprehensive flan. Road segments which were revlcxvcd bused on the To si(!nlflcant lnlp�ICt I'Ule included: • Airport Pulling Road — South of'Pinc Ridge Road • Airport Pulling Road — North of Pine Ridge Road to Vanderbilt Beach Road • Pine Ridge Road — Naples Boillev'ard to Goodlelte Frank Road • fine Ridge Road - Airport Pullinsz Road to Livingston Road Page 4 Agenda Item No. 8C January 23, 2007 Page 27 of 159 TRANSPORTATION CONSULTANTS, INC. IV. QUESTION 21 -A Using Map J or a table as a base, indicate existing conditions of the highway network within the study area (as previously defined on Map J), including AADT, peals hour - trips directional, traffic split, levels of service and maximum service volumes for the adopted level of service (LOS). Identity the assumptions used in this analysis, including "K" factor, direction "D" factor, facility type, number of lanes and existing; signal locations. (If levels of service are based on the same methodology other than the most recent procedures of the Transportation Research Board and FDOT, this should be agreed upon at the pre- application conference stage.) Identify the adopted LOS standards for the FDOT, appropriate regional study area. Identify what improvements or new facilities within the study area are planned, programmed, or committed for improvement. Attach appropriate excerpts from the published capital improvement plans, budgets and programs showing the schedules and types of work and letters from the appropriate agencies stating the current status of the planned, programmed and committed improvements. 2004 Existing Traffic Conditions The roadways' existing, functional classifications, adopted Levels of Service and service volumes wcre based on the Collier County Comprehensive Plan. Table 2 provides a detail of the functional classifications, adopted level of' Service and the peak hour, peal( direction service volumes for all roadways tinder study. A graphical representation of the roadways %.viihln the study area Is sho,,Vn on 1' iz-ure 1. Existing AAD'F traffic counts; peak season factors, historical trelacis. K -100, 13, alld TI ruck (1) factors weI'e obtained from the Collier County Department of 1 rallsportatlon's 2004 1 I "afflC ��OUnt Report. l 1t 'I raIlSpOrtatlt alsi7 pe1'forilled manual turning movement counts at the intersections ofNaples Boulevard and Pine Ridge Road, Naples Boulevard and Airport Pulling Road. and Pine Ridge Road and Airport Pulling Load. Figure 2 indicates the wecl<day PM peal: hour turning nlc�vcment counts conducted at the itlterseCtioils Within the sttldy area. 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I S b]nzeh Z /h S ILE •k {JY �. -�� E� M I �t b� 1 �'�.� -� [I>t! �1i11i�r�r� _ F�J �� a I_I� � flit �l4�,:. titan 14111�� `!I �.h �l�'. 4.�,Ix I I � '- 'a•e�;�.. I ; a \ � 1 ,r ✓.`'j f . i�a+�M7�w ul_ ] ><.— _:tiJ: ,.�,�,�� � .� h�' . y- _ .:. , ltlhl`SCtMriG 6ti,�"' xq.; l•... : -....; l I. �� s�� i � �� J � �. I �I� �y� I I IPO�A1• � S �u s 14 rea U'� r4 th ynr}1x��SY {� � I; a�.f �1Yn�.. rJA �I ., _' JA �+.,sr]^ ,� �., � .� CY f1•"* I..�W.I .i I f;l X1/4, `. E. wn C F<!,utLf M9 IIrUU lk � at t S' - I I .]N h: ( r n O trj I Ir i r Ir .;,:.r lyi "I 1 {iz-.ioyc. 5w 91 LL- '1 _�,. r I u� V F II R �`."� � � r _._.. � ..,�__,.. _._ ,..,•�_ � I I �, S,1 )an A, 1 t9t�x.; s? TRANSPORTATION PROJECT LOCATION MAP CONSULTANTS, INC. PINE AIR LAKES DRI Figure 1 U r` �?,g -- _o c ca Q a ,� ►� Z o W_'. U ` Lo O M O O m N 0 O N 0 N N m N ;' j {�rn00�Mr- It - Mr- r- r-00Lo M M Y tl' N M M C N M M M M r M Lu � U Q J L.0 ca s 0 W o C� x x J @ `m 2� o a) -0 hl f- a) m 0 a) ca a) m tL - o 0 0 cm CD a� a� a)�� m0�m Lij N rr c CC c 0 T C c c m a� c� o a� a a o m 0 vo D o Cs L > it C Q ` r2 U it (D 0 (f) Q Q J a z o 4 ry LU—j„ a 0 m o ro o m 0 rs.rym LL mm�m� LL a) m m ,� w a) a) co ra o 0 Q @ _0 -5am Q -0 :n� ��� J o ai tr - v E ("D o r o >a �C�cnQ �<C Z (} Rt rSS R5 (� Q O -Se -2 J ti a a p 0 0 o o o ac°i a J Z.; LLu_rv� mm (0 (6 r OU mtzm`il, m o o0)-o- a- 0) r1'�:n c c v v u> 0 Wv iX tX (D (`) 0 0° p C� Q) 41 0 a) Q) a 0 0 0 0 >' >,c c� C: C: m M Q< <(3CD(D(f) 5 >> M; r j M � O � Lo M t d th t0 r CV <V (N U7 U) (D Co f9 Co W r r o° `► 120 ♦ 1514 PINE RIDGE ROAD Agenaa Item No. 8T-- k 320 ♦ 1035 �' 335 320 January 23, 2007 2400 ♦ Page 30 of 159 N 530 m c5 cn LEGEND 0 cfl W E f- 000 WEEKDAY PM PEAK HOUR TRAFFIC J TRANSPORTATION LOWE'S CONSULTANTS, INC. PINE AIR LAKES DRI 60 S N N.T.S. WESTERN LOWE'S EASTERN DRIVEWAY LOWE'S DRIVEWAY COSTCO'S BEST BUY S5 4t.. 435 '55 � LO m Z ��ca Rr C h ` f►0 1 6 0 o 10 Z05 40 01 �" 10 � 4�/ j 20 y r 545 +� J i� 10 CD NblP 280 ` �, REGAL CINEMA c O NAPLES z CENTRE d J m o a- < o° `► 120 ♦ 1514 PINE RIDGE ROAD :n ° u, ` ° 4% + k 320 ♦ 1035 �' 335 320 400 1 2400 ♦ 1645 530 m c5 cn LEGEND f- 000 WEEKDAY PM PEAK HOUR TRAFFIC J TRANSPORTATION EXISTING TRAFFIC (03/05) CONSULTANTS, INC. PINE AIR LAKES DRI Figure 2 TRANSPORTATION CONSULTANTS, INC. Planner! and Committed Capital Iniprovenient Projects Agenda item No. 8C January 23, 2007 Page 31 of 159 Planned and corllmitted capital inlproven1e11t projects were identified for t11e study area based on the Collier County and Florida DOT Five Year Capital Improvement Progr'an1s. "Those projects which would impact the study's results and those scheduled For construction prior to the year 2009 were the only projects accounted for in this report. The FDOT and Collier County work progran7 have no It11p1'ovC l7]e11tS to the ]I77nledlate area that would irlfiUenCe the subject site. The Collier County Transportation Five Year Work Program is attached to this report in the Appendix for reference. Figure 3 indicates the Existing -i- Committed (1', + C) roadway network utilized for the analysis. Roadway projects that Nvill impact traffic surrounding the subject site include the construction ofthe Golden Gate Parkway interchange with I -75, which is the next major cast /west arterial south of� Pinc Ridge Road, as well as the completion of the extension of I it ingstorl Road into Lee County to the north, which is the next major north /south corridor to the cast of Airport Pulling Road, Both of these improvements wit] lower the traffic demand on Pine Ridge Road and Airport Pulling Road. In additior7, Collier County is widening Goodlette Frank Road front Golden Gate Parkway to Vanderbilt Beach Road, which is the next major - north /south corridor to the Nvest of the subject site. Pale 9 (mi-OVNI G','11 tat �vl)- W Agenda Item No. 8C Page 32 of 1 4,M) AVE. iw Under12004 Construction WaRM 2005 Construction 2006 Construction 2007 Construction Construction by Others Roadway "rM A Yr— A A M I FXMN oe" rm 0% R IF A T Ill ON FVVE MAR WOMK PMOGRA FY 2004105 FY 2008109 0111N, IN col.1,11:R cotil"l-V 41 'ic . .. ........ . ......... ... . --�y- SO �L1DCE pl\L RIDC& RD i.x,:, vlw: ------ ----- (mi-OVNI G','11 tat �vl)- W Agenda Item No. 8C Page 32 of 1 4,M) AVE. iw Under12004 Construction WaRM 2005 Construction 2006 Construction 2007 Construction Construction by Others Roadway "rM A Yr— A A M I FXMN oe" rm 0% R IF A T Ill ON FVVE MAR WOMK PMOGRA FY 2004105 FY 2008109 TRANSPORTATION CONSULTANTS, INC. V. QUESTION 21 -13 Agenda Item No. 8C January 23. 2007 Page 33 of 159 Provide a projection of vehicle trips expected to be generated by this development. State all standards and assumptions used, including; trip end generation rates by land use types, sources of data, modal split, persons per vehicles, etc., as appropriate. The acceptable methodology to be used for projecting trip generation (including the Florida Standard Urban Transportation Model Structure or the Institute of Transportation Engineer's trip generation rates) shall be determined at the pre - application conference stage. Proiect Trip Generation At the pre - application meeting, it was agreed that the vehicular h•ih generation rates would he calculated based on methodology provided in the Trila Generation report, published by the Institute of'l- ransportation Engineer's (IT 7). 7"' Edition. Trip generation rates and Ca1CUlati011s f'or the Proposed land uses were submitted in the project's 'Transportation Methodology Report. The trip generation of the existing 374,310 square feet of uses that exist on the subject site were Ullcen from the trafl]C counts canductcd b}� TR Transportation. Based on the DRl allocation, approximately 13,489 square feet of the existing uses are considered office while the remaining, 360,821 square feet is considered retail. Table 4 inclicatcs the breakdown of the uses that currently exist oil the site. Table 4 Pine Air Lakes DRI Existing Land Uscs Size l�etaia -- '60,821 s f. General Office 13,489 s.f Total 74,310 s.1. ! Table 5 indicates the various future land uses analyzed as hart 01 'this report and their respective land use codes from the 1T1 report that were utilized to estimate the number of vehicle additional trips that will he generated. Page 1 l Agenda Item fro. 8C January 23, 2007 Paoe 34 of 159 TRANSPORTATION CONSULTANTS, INC. Table 5 Pine Air Lakes DRI Land Uses /ITE Code Use ITE Land Use Code ITE Land .Use Code Narsae Retail 820 Shopping Center General office I General Office Building Table 6 indicates the floor area of both office and retail uses that arc not currently constructed on the site that would be permitted based on the requested change to the DRI. 'fable G ]line Air Lakes DRI Prnnnged Total Land Uses Use,.. Size Retail 1,000,000 s.f. General Office 75,000 s.f. {; Total Floor Area in DRI 1,075,000 s-f. u _a Includes the 3743 i0 s.f. 01"existiti� uses Nvithin the project 'fable 7 indicates tilt beak ]lour trip _,encration as sw- VOcyed by 'FR T1'tulspi3rt<3tion Consultants as well as includes the trips gorwrated from the 1*l'I; report For the additional retail and office- uses being requested. Table 7 Pine Air Lakes DRI Raw Trio Generation 7 - Use Weekday P.M. Peak I 1pur I�ail� I In Out Total ? -��ay Getleral Off ice 30 130 160 ,i 1.070 !! .I —. —�- Retail----- - - - - -1 ?75 1.48> I 2,860 >0,i30 '1,otal 1.405 IT 1,615 I 3,020 1 31,400 The trip gcncration rates are shown in Table 8. Pit <�c l2 TRANSPORTATION CONSULTANTS, INC. Table 8 Trip Generation Equations Pine Air Lakes D111 Trip Ceneratioii Report, 7"' Edition Agenda Item No. 8C January 23, 2007 Page 35 of 159 shopping, Center t.,tJC 820 Ln (,'1') = 0.66 1_n (X) L 3.40 Ln ('1') 0.65 Ln (X) + 5.83 T = Trips, X 1,000 square feel of floor area I General office L� (LUX 710) l" = 1.12 (X) 1 78.81 Ln (T) 0.77 Ln (X) -I 3.65 ]' Trips, X = 1,000 square lect oi' floor area The trip gencration as approved in 1985 and amended in 1994 is shown below in Table 9. Table 9 Trip Generation Comparison Pine Air l.ak,,.¢ 11121 �• JilJ l GI1UIQ41VI1 -)III I 1111011 111111 MI J)' LlnVId V111111111e1' N, A."Oe. for the 1994 report 7th t (ition 01TIT Trip Generation utilised Ior 2006 (hits Based on the requested modification to the DRI, the trip aclleration will be decreased from what Nvas originally proposed in 1985 and be increased by app roxinlatclY '19 P.ivl, beak hour trips as I nodiffcd in 1994. However, it should be noted that based oil traffic surveys condUcted at the site access driveways of the. existinu tlscS On the SLlblect Sit, it 1S not anticipated that the peak hour- trip gclicration of the project as requested (1,000,000 square feet of retail and 75,0010 square fe-ct oj'officc uses) will generate more than 2,701 peak hour trips. In addition, the nM connection proposer) to .1 & C Boulevard will further reduce the peak hour trip impacts on the adjacent roadways of fine Ridoe Road and Airport Pullin- Road. I'age 13 Agenda item No. 8C January 23. 2007 Page 36 of 159 TRANSPORTATION CONSULTANTS, INC. V1. QUESTION 21 -C Estimate the internal/external split for the generated trips at the end of each phase of development as identified in (B) above. Use the format below (the format has not been shown below) and include a discussion of what aspects of the development (i.e., opportunities, ete.) will account for this internal /external split. Provide supporting documentation showing how splits were estimated, such as the results of the Florida Standard Urban Transportation Model Structure (FSUTMS) model application. Describe the extent to which the proposed design and land use mix will foster a more cohesive, internally, supported project. Internal /External Trip Generation The 1'ilie. Air L-1 -1kes developmcnt � ill continue to provide retail uses that will attract trips from the Volume of traffic traVClkllo . the aci.jaccnt roadwa\ system. The trip oeneration froali the existing uses was based on peak hocu- traffic counts conducted by 'I'R Transportation during the weekday peak hours of the adjacent street. The trips generated for the remaining uses that currently (lo not exist are based on the 111' Trip Generation Report, as previously referenced. V11. QUI'ShION 21 -1) Provide a projection of total peal: hour traffic, background plus DRI traffic, orr the highway network within the study area at the end of each phase of development. If these projections are based on a validated FSUTMS, state the source, (late and nctiyol-lc of the model and the TA7_ projections. if no standard model is available or some other model procedure is used, describe it in detail and include documentation shoving its validity. Describe the procedure used to estimate and distribute traffic with full DRI development in subrones at build -out and at interim phase -cncl years. These assignments may r-elIect the effects of any new road and /or improvements which are programmed in adopted capital improvement progr,rrns and /or comprehensive plans to be constructed during DRI constriction, however, the inclusion of such ►•oads should he clearly identified. Sliov these lint: projections on maps or tables of the study area network, on map or table for each plisse -end rear. Describe hors these. conclusions Ivere reaclzed. Si¢nificani1v lnipacted Roadways and intersections The rorid�'ays anal��z.ed tvcre stihJect to (lie n,,easure�llerit of the project's signifieant impact. '-Significant impact" was 111e l!�urccl .s project traffic volumes representing 5`''0 or more of the existin�u plus committed (1 + C) roadway adopted level cif service. The Naac 14 �j TRANSPORTATION r� CONSULTANTS, INC. Agenda item No. 8C January 23, 2007 Page 37 of 159 existing road network in the vicinity of the project has been shown in Figure 1. The maior roadways that will serve the site include Pine Ridge Road and Airport Pulling Road. The following represents roadway segments reviewed for this analysis: Pine Ridge Road — from Goodlette Drank Road to I -75 Airport Pulling Road — from Golden Gate Parkway to Vanderbilt Beach Road The distribution of the development trips is graphically represented on Figure 4. The trips were then assigned to the roadway segments listed above to determine which segments would require further analysis. 111c percentage impact as percent of the adopted LOS volume are also shown on Figure 4, The following segments were deemed significantly impacted by 5 %, and as such, Nvere further analyzed M I esponse to criteria established for QuesEion 21: Page 15 Aaenaa uern Eva. v- v JanuarN23, 2007 2460 Page 38 of 159 (123) 5.0% W E 10% L i► VANDERBILT BEACH RD S 'F -0"-4% ♦ 4-10 %♦ N.T.S. 3540 f (123) —1 3.47% 3970 (320) 26% 8.06% 3970 t f 3300 (283)213% 5% (320) �} 7.13%♦ 3 % i 9.69% l 4-11 %♦ x-26 %♦ z m ♦14 %♦ PINE RIDGE ROAD 3730 ♦5% 3730 11 (172) —J (197) — t 4.62% 6% . 528% 25% 6% O LO 3830 Uj z (197) 2 Q 8.03° U) LL r- w C j 7_ w J _ O 0 3830 c� (197) 5.14% 16% i .-8 %-. 3% --► GOLDEN GATE CL v PARKWAY LEGEND LL ♦ 2C °io♦ PERCENT DISTRIBUTION XXXX ADOPTED LOS VOLUME (XX; PROJECT TRAFFIC X.X% PROJECT TRAFFIC PERCENTAGE OF ADOPTED LOS TRANSPORTATION IMPACT AS A % OF ADOPTED LOS CONSULTANTS, INC. PINE AIR LAKES Figure 4 Agenda Item No. 8C January 23, 2007 TRANSPORTATION Page 39 o 159 CONSULTANTS, INC. Airport Pulling Road — South of Pine Ridge Road Airport Pulling Road — Pine Ridgc Road to Vanderbilt Beach Road Pine Ridge Road — Naples Boulevard to Goodlette Frank Road Pine Ridge Road — Airport Pulling Road to Livingston Road I'he following intersections were reviewed based oil the 5% significant, impact rule: Pine Ridgc Road at Naples Boulevard Pine Ridge Road at Airport Pulling Road Airport Pulling Road at Naples Boulevard Naples Boulevard at Costco access Naples Boulevard at Regal Cinema Access Naples Boulevard at Lowe's Eastern Access Based on the 5% impact, the following intersection were analyzed further as part of' this report: Pine Ridge Road at Naples 101.11evard � Pine Ridge Road at Airport Pulling Road Airport Pulling Road at Naples Boulevard Naples Boulevard at Costco access Naples Boulevard at Regal Cinema Access Naples Boulevard at Lowe's pastern Access For roadways and intersections Linder StUdy, the following collcliti()ils Nvere al]aly ed; 2005 I: xlst1Jlg Condit10115 2010 Background Conditions plus Praiect Conditions As previously mentioned, Pine Air Lakes is expecting a relatively cluicJc build -out of approximately 5 years. Since approximately % of the project is already either constructed or in the permitting stage, a build -out of five years is not unrealistic. As a result, the Illost accurate method for determining the future background traffIC volumes was based on historical growth trends established in the area. '1 lie Collier Col.11lty Co11CUr1'CnCy Marla2C111Cl1t SyStCill 1Vas lltl iZCCI to dete n ine if sufficient capacity is and Nvill be available on the surrounding roadways Nvith the additional retail floor area being requested. Based on the latest information as provided Pa-e 17 Aclenua item too. SC January 23, 2007 Page 40 of 159 TRANSPORTATION CONSULTANTS, INC. by the Colliel• County Collcurrcllcy Management System, the project traffic was compared with the available Capacity for Peak Dour — Peak Direction traffic conditions as defined in the most recent Collier County Concurrency Spreadsheet. Based on the information contained within Table 10, all of the roadway links that are projected to be significantly impacted in accordance N ith the Collier County 3 0,'0 -3 % -5% Significance Tess will have sufficient capacity to acc.oillmodate the acidrtional trips generated by the project. As call be seell from Table 10, there is sufficient capacity available on the significantly impacted links surrounding this pro,iect to accommodate the pro, ;ected additional traffic demand from the additional retail I'oor area. Therefore, no improvements are recommended to achieve the adopted Level of Service for any of the roadway segments under study. 0 1� o c7 r• EN S � � N a �d s= (a d to J a Z a U Z NWN Rim Z O Z _ Z O U u uj W_ oa Q rtQ LU UJ LU OU = Ca _C W CL Z U LL rrZn Vr�W i O LO 1 M 1 t� wowww wLLJ Q z F- tY L U o rn °I r 9 ' o M ° v N r o WLD0 rn f m L0 0 o ro � N N r� m o M n w W M Q U d 6 a O c M O O M M 00) M M ( (N0 n n m m n n � z U Z M �' Q d U W r Ill 0 O N OV N o uM'� f Om >- x Q J a Z In ce Q Q w w w w o (D N w L LL r N N to m m N N N O O 0 i. co 4 47 C r t w w w w w w w CO a d a a. f- r to I I _ (n Q _ L O O O O O O O O O O U O O O C Cl O OOi O O N N O O m m O O O Ol N N � � U c � Q U) J ( (D ( (D ( (D C CD C C0 ( (D l l0 ( (D ( (0 O O O O O O c c0 O O ( (O ( (0 V V ( (0 N C U U C z } F- wowww wLLJ Q z F- tY L U o rn °I r 9 ' o M ° v N r o WLD0 rn f m L0 0 o ro � N N r� m o M n w W M Q U d 6 a O c M O O M M 00) M M ( (N0 n n m m n n � z U C7 2 Q u M �' Q d U 4 r Ill 0 O N OV N o uM'� f Om x Q J a Z In a O m r r- o Q Co 0 Q U7 o N N a CAD O e N N o (D N w L LL r N N to m m N N N O O 0 00 c co 4 47 C CD M M C CD N r t N t tD ' F- W0. U_ r- CO a d a a f f- r 00 N OD M O (D N N N � C r M co r r C O9 P O p O O O m � � (09 N (NO, Q? o O r C m M C r N M J O ;9 z C N N ro Lij N Q7 C (f) M C - (.O (;J f`- CO f s �r N N IA U> (fl CD CO (D (D c Z T > y S G O tl M N .- N >O 0 U Io U- LL U Y a O a0.i 7 m ° a � a a m r al 0) m Im rn rn m ° C � o a� a a = Z a U a�i [r CG a`r r r 0. 0. p o U> a (n Li, Z z' ) (2) a c 0° OL m ru m a O a a .� a o o uj C7 Q z Q _4 L d 0.c o m 4 > q a > i� a c� z a Y Q.. W O O C O O p O O > p -' N z co z z z LLl ?z Z VJ z (n 5 �} Lu ? LLJ t- 2 -o Y Y L LL ° LL C m 0. a o F¢ Q O o m 0 0 Q O O > U Ch J d } d 6 6� O O c M O O M M 00) M M ( (N0 n n m m n n � �? I Ill 0 z Z M � w w L LL r N N to m m N N N O O 0 00 c co 4 47 C CD M M C CD N r t N t tD ' 'It L L� p p a a d a a f f- r to I I _ (n Q _ L O O O O O O O O O O O O O O O C Cl O OOi O O N N O O m m O O O Ol N N � � U c M C Q U U) J ( (D ( (D ( (D C CD C C0 ( (D l l0 ( (D ( (0 O O O O O O c c0 O O ( (O ( (0 V V ( (0 N C U U C E c c Agenda Item No. BC January 23. 2007 Paae 42 of 159 TRANSPORTATION CONSULTANTS, INC. The intersections in the ininiediate area were analyzed to determine what, if any, improvements would need to occur to accommodate the projected additional development trips. The site access drive intersections along Naples Boulevard were not specifically analyzed as these intersections will be modified as development permits are applied for to provide the necessary turn lanes and traffic control to accommodate the specific projects. A Site I)evelopnlellt Pel-lnit is currently being revic%ved by Collier County for the property immediately north ofthe Pine Air Lakes project that will provide an intercoilnection to the Pine Air Lakes project directly to .1 & C Boulevard. .f & C Boulevard currently serves a larger conlnici- cial /llldtisti -ial area and the interconnection will allow traffic front this lar�.ze commercial area to access the fine Air Lakes DRI without having to travel on file adjacent al-terial roads, as they must do presently due to the lack ol' any cOn11ection to the north and west from the DRI. This connection was taken into account in assi,ynino_> the trips front the additional development to the surrounding roadwv ly llet% ork- 'fable I I idell6iies the intersections that vv7ere studied as well as the projected Levels of Service and ally r III pro voincilts that lvlll be required to maintain that Level ofScrvice at build -out of the project. Table 11 2005 and 2010 Traffic Conditiol'S Intersection Level of' Service DcSignation hnprovcnients Necessary to Intel-sectiola 2005 LOS {)I O LOS I�9aintaiii Acceptable 3 C)S Airport Pulling Rd . /Pine Implementation of Ridge, Rd. SCOOT System Ali -port Pulling I3 D Triple FB Lefts Rd./Naples Blvd. -- — — - - -- -- _ Pine Ridge Rd../Naples C, � C None Blvd. Paoe ? () TRANSPORTATION CONSULTANTS, INC. VIII. QUESTION 21-P Agenda Item No. 8C January 23, 2007 Page 43 of 159 Assign the trips generated by this development as shown in (13) and (C) above and show, on separate maps or tables for each phase -end year, the DRI traffic on each link of the then existing network within the study area. Include peak hour directional trips. If local data is available, compare average trip lengths by purpose for the project and local jurisdiction. For the year of the build -out and at each end of each phase estimate the percent impact, in terms of peak hour directional DRI trips /total peals hour directional trips and in terms of perk hour DRI trips /existing peak hour service volume for desired LOS, of each regionally significant roadway in the study area. Identify facility ,type, number of lanes and projected signal locations tD for the regionally significant roads. Due to the size, location and build -out schectulc of the development, it was agreed to at the Pre - application mecting that the use of the Florida Standard t rban '1'ransPot'talion Model StructUrC Would not pl'ovide applicable modeling forecast. The use of the FSUTMS nlodol on DRI projects with short build -out schedules generally results ill extremely high growth rates and non - logical Project generated trim assignments, Therefore, the Pine Air 1_,alws traffic was manually distributed and aSSlgllecl to the surrounding roadway system based on review of e xisting traffic patterns in the area as well as other factors, such as location of eonlplitnentary land uses. and location of tltajor population centers. Figure 4 provides it detail of the trim distribution utilized for this anal sis as 1N+e11 lncllctillf, the nunihel' of trips the additional floor area lwtll add to each roadway link. Figlll -e indicates the assionnient of the development traffic to the surroullditlg intersections. The PM peak hour project traffic was then distributed to the surrounding roadways and intersections based on the anticipated distribution. These assignments are shorn oil Figtitre G. 2010 traffic conditions were then determined by combining the back ground traffic conditions and the Project traffic assigned to the surrounding Stl•ctas and intersections. Development plus background traffic, along Nvith corresllonciill g bevels of Set-vice, have been shown in Table 9. Figure C graphically indicates the total traffic aSSi��11i11el1t 1'0 the SUITOWiding intersections. Page 21 CL 0 ri 0 CD 0 enua !Iem No. m. January 23, 2007 Page 44 of 159 r UUU VVCCt\tUmT rive ran\ rnvvr\ i nni 4 c� TRANSPORTATION NEW PROJECT TRIPS 2010 BUILDOUT CONSULTANTS, INC. PINE AIR LAKES DRI Figure 5 CD N W E S N.T.S. enaa Item No. St January 23, 2007 Page 45 of 159 a cn CD `T � t` k 10 4% ♦ 4-10 r 20 775 .1 h 10♦ cc ° co° 525 ,� r m 0 O tr C7 z a O d El ° c° 300 ♦ "t750 PINE RIDGE ROAD Ln N o � �0 4 + 4 t 425 ♦1110 ,(-375 2750 ♦ 425 "t �, f 1910 -00. 615 oLno v °v r LEGEND ♦ 000 WEEKDAY PM PEAK HOUR TRAFFIC TRANSPORTATION 2010 TRAFFIC PROJECTIONS CONSULTANTS, INC. PINE AIR LAKES DRI Figure 6 Agenda Item No. 8C- January 23, 2007 Page 46 of 159 TRANSPORTATION CONSULTANTS, INC. IX, QUESTION 21 -I{ Based on the assignment of trips as shown in (D) and (I?) above, what modifications in the highway network (including intersections) will be necessary at the end of each phase of development to attain and maintain the adopted Level of Service standards? Identify which of the above impl-oveluents are required by traffic not associated with the DRI at the end c >f each phase. For those improvements needed earlier as a result of the DRI, indicate llow much earlier. VNlaere applicable, identify Transportation System Management (TSM) alternatives (e.g., slg"alrzatron, one-way pairs, ride sharing,, etc.) that will be used and any other measures necessary to mitigate other impacts such as increased maintenance duc to ge number of truck movements. Based on the information discussed under (D) and (E), improvements will tie necessary at the intersection of Naples Boulevard and Airport Pulling Road in order to maintain an acceptable Level of Service for the buildout unftic conditions_ This imlarovement vwould include re-striping the west leg of die intersection to provide two exclusive left turn lanes. a shared through /10 turn We and a right turn lane, Signal modihmions will also be necessary as this will require a split phone signal operation. With these ilnprovea�zeaZts, the intersection is prq�iectcd to operate at I.OS "D ". At to intersection of Pine Rkbe Had and Airport fulling Road. several movements are pro.jectod to operate at LOS - 1=" whh or without the additional Moor area being requested nth this amendnmem, "Ile current traffic data available does not accurately reflect the shift in traffic demands due to the new six lane north0nnh I,ivingstorn Road corridor bcin� available from [,cc County through Collier County. 'This alternate northfsmall corridor will alleviate the demand on Airport Pulling Road in this area. In addition, several other improvements to cam/west corridors will also impact Pine Ridge Road. Ijese include the widening of VandoNfit Beach Road to six lanes as well as the widening of'Goldcn Gate I'm1way to six lanes and a full interchange with 1 -75, An additional corn IT) i till ent the Developer has made is to provide, throu,(�h casements, connection from Naples Boulevard to J & C; Boulevard to the north. Along wRh the coopci -ation of property ON' -ncrs to the north of the project, a roackvay connection will be fate 24 TRANSPORTATION CONSULTANTS, INC. ,genda Item No, 8C January 28, 2007 Page 47 of 159 provided that will allow traffic from the commercial development to the north to access the subject site, as well as Naples Boulevard, without traveling along Pine Ridge Road or Airport Pulling Road. This interconnection will provide a positive benefit to the area road network by allowing I'etail shopping trips oil a beak hour and daily basis to be made between the commercial uses and industrial uses without placing additional burden on the niaJor arterials. Short shopping trips or trips during the lunch tinge period from the industrial uses call be co111pleted to the retail Services WithOL1t 11itVeling on Pine Ridge Road or Airport fulling Road. The .I & C business park employs a substantial number of Persons that will be able to take advantage of the retail uses within the Pine Air Lakes DRI. The project also includes a reverse frontage road on either side of Naples Boulevard that allows trips between uses to occur VVithout traveling on Naples Boulevard. Trips between the various uses within the pl-oject can occur withhout having to travel on Naples Boulevard or the external road system. The Developer bas also agreed to make a financial contribution to Collier County for the purposes of implenlenting the SCOOT system on Airport fulling Road north of Pine Ridge Road to acco111modate the additional turn lanes being added. 'I'he. SCOOT' system 1S a CompLltCrlled ti -alflC signal coordination program that provides for a Vlore efficient Use of the nL1n1bC:1' of travel lanes available by optimi7_ing the tl'af�ric st�,?ilal tlnlings bused on the actual real time traffic demands. Implementation of this systcin along Airport Pulling Road \.vill provide far all increased ufficiency in the rigid network and a decrease in the delay experienced at the signalized intersections. The Developer is also i)roviding the necessar }; funds to Collier C01,111ty to in1111cment a pernlancilt traffic count station on Naples 1301-llev,11-d in Order to complete real time traffic monitoring as part of the DRI Development Older. "I'll's traffic station will provided DOT staff with necessary traffic count data to evaluate the Concturrcncy Managcnlent systelll currently in place in Collier County. Page 25 Agen'a Item No. SC January 23, 2007 Page 48 of 159 TRANSPORTATION CONSULTANTS, INC. In order to mitigate any external impacts of the project, the Developer has a (greed to interconnect the Pine Air Lakes DRI with the existing street network to the north (J & C Boulevard), construct additional left turn lanes oil Naples Boulevard at Airport Pulling Road. make a financial contribution to Collier County for the purposes of retiming the SCOOT traffic signal system along Airport 'Pulling Road, provide a permanent count station within the D1Z1 to monitor traffic and provide a reverse frontage road within the project to reduce impacts to the public road system. Based on surveys at the access points serving the existin4 uses it is projected that, even with the additional retail floor area being requested, the project will not exceed tile total P.M. peak hour trip (generation as approved in 1994. The project as requested will also not exceed the trip generation as originally approved in 1 � ?b�, for v,0iich the overall mitigation measures to the transportation system were ultinlatel)' developed and implemented by the project. The project is also antic,p tted to generate approximately $7.9 Million in road\vay impact fees from the additional amount of commercial retail development requested. 'Phis.. in combination with the other commitments made by the Developer, will more than offset any additional impact the project « -ill have on the surrounding roadways. Pace 26 TRANSPORTATION CONSULTANTS, INC. X. QUESTION 21 -G Agenda Item No, 8C January 23, 2007 Page 49 of 159 Identify the anticipated number and general location of access points for driveways, median openings and roadways necessary to accommodate the proposed development. Please note which proposed access points are to be located on the State Highway System and must be permitted pursuant to Rules 14 -96 or 14 -97, Florida Administrative Code. Describe how the applicant's access plan will minimize the impacts of the proposed development and preserve or enhance traffic flow on the existing and proposed transportation system. This information will assist the applicant and governmental agencies in reaching conceptual agreement regarding the anticipate(] access points. While the ADA may constitute a conceptual review for access points, it is not rr permit application and ,therefore, the applicant is not required to include specific design requirements {geometry} until the time of the permit application. X1. QUESTION 21 -H If applicable, describe how the project will complement the protection of existing, or development of proposed, transportation corridors designated by local governments in their comprehensive plans. In addition, identify what corn III itrnents will be made to protect the designated corridors such as interlocal agreements, right-of-way dedications, building set - backs, etc. The project is not ]77-017)osing airy access points onto a State I lighway System route, thus not rec]uiring a permit from the Florida Department of Ti- ansportation pursuant to Rides 14 -96 or 14 -97, I' loi'ida Mill mstrative Code. Access to the proposed development will be provided via Naples Boulevard, a four lane divided collector roadway that was constructed as part of the transportation mitigation for the Pine Air Lakes DRI and cicedecl to Collier County as a public roadway. Three existing separate access drives serve the devcloprncrnt with scrycral more planned in the future. XII. QUESTION 21 -I What provisions, including but not limited to sidewalks, bicycle paths, internal Shuttles, rifle sharing and public transit, hill be rna(le for movement of people by means other than private a(rtornobile? Refer to internal design, site plarxraing, parking provisions, location, etc. Refcr to the Applicant's response to Question 21 -C and 21 -F. ]Nape 27 Aaenda Item No. SC January 23: 2007 Page 50 of 159 TRANSPORTATION CONSULTANTS, INC. XI11. CONCLUSION In order to mitigate the external impacts of the additional trips, the Developer has agreed to contribute to off -site mitigation efforts, such as interconnecting the Pine Air Lakes DRI with the existing street network to the north (J & C Boulevard), construct an additional eastbound left turn One on Naples Boulevard at Airport fulling Road and contribute to Collier County for the purposes of implementing and retiming the SCOO`r traffic signal system along Airport Pulling Road to accommodate the additional turn One and traffic generation. The C1-12NA Hill technical memorandum in file Appendix of this reports summarizes the trip generation of'tbe project as originally approved, as currently approved and as proposed. Ile minor- increase in trips between the currently approved development intensity and the proposed development intensity will be offset by the dispersion of the site trips to /'turn the north to J & C Boulevard whereas all the trips are nom forced to use Airport Pulling Road or- fine Ridge Road to access the project. Based on the preliminary estimates, as much as 5% to 15'/o of the project trips could be diverted to the connection bet\veen ,l & C Boulevard and the project, thus reducing the corresponding amount of trips that would otherwise have to use .Airport Pulling, Road to access the project. At the intersection of Pine Ridge Road and Airport Pulling Road, scVcral movements are projected to operate helo" the acceptable I:OS v ith or Wabut the additional floor area tieing requested "it this amendment. The cuuent traffic data available does not accurately reflect the shift in traffic demands duc to the new six lane north/south Livingston Road corridor being available from) I.ee County through Collier County, or the widening of y- andabilt Beach Road to six lanes or the widening ofC olden Gaic. Parkway to six lanes and a full interchange with 1-75. in e 28 TRANSPORTATION CONSULTANTS, INC. Agenda item No. 8C January 23, 2007 Page 51 of 159 The "reverse frontage road" oft either side of Naples Boulevard will allow trips between uses to occur without traveling on Naples Boulevard. Trips between the various uses within the project can occur without causing additional external traffic impacts. 'File Developer has also agreed to make a financial contribution to Collier County for the purposes of implementing and re- timing the SCOOT system on Airport Pulling Road north of Pine Ridge Road. The implementation and optimization of the SCOO 'I' system could improve the overall efficiency of the roadway by as much as 10% to 25 %, including increase in capacity by decreasing hcackvays, decreasing overall approach delay and improving traffic flow along the arterial corridor. The Developer is also providing the necessary funds to Collier County to implement a permanent traffic count station on Naples Boulevard it) order to complete real time traffic monitoring as part of the DRI Development Order. Based on surveys at the access poillts sel-ving the existing uses, it is projected that, even With the additional retail floor area being requested, the project will not exceed the total P.M. peak hour trip generation as approved ill 1991. The project as requested will also not exceed the trip generatiola as originally approved in 1985, for which the overall mitigation measures to the transportation system were ultimately developed and ilnplelnented by the project. The project is also anticipated to generate approximately $7.9 Million in roadway impact fees front the additional amoultt of colturlcreial l-etail development requested. With these improvements and contributions, any additional trip - encration that may be experienced by this project will be more than offset. Page 29 Agenda Item No. 8C J'anuary 23. 2007 Page 52 of 159 EXHIBIT "A" A parcel or tract.of land lying in Section 11, Township 49 South, Range 25 East. Collier County, Florida. being described as follows: Comn'encIngg at the Horthaest corner of said Section 11. run S 0002I'47' K along the East line of said Section 11 a distance of 1318.86 feet; thence S 88 047'13' X 100.04 feet to the POIKT OF SEGINKING and the westerly right -of -Kay Iine of County Road Ko.31; thence continue S 88 1047'13' X 2654.06 feet thence S 01005'21` E 1316.71 feet; thence S 01005'18' E 1316.78 feet; thence K 88051'31' E 1341.42 feet; thence H 00018'58" W 329.45 feet; thence H 88050'57' E 1245.82 feet to the Westerly right -of -way line of County Road M-31', thence H 00 °27'18' E along said right -of -Kay line 989.28 feet; thence K 00 °27'40' E along said right- of-way line 1318.80 feet to the POINT OF EEGIHKIKG: Said parcel or tract containing - 148.99 .acres, more or less. Subject to easements, restrictions and reservations of record. Bearings based on a bearing of H 00 027'41" E on the East line of the KEG of Section 11, Township 49 South. Range 25 East, Collier County, Florida. This description meets the niniaui Technical Standards as set forth by the Florida Board of land Surveyors. pursuant to Chapter 472.027, Florida Statutes. Agenda Item No. SC January 23, 2007 Page 53 of 150 RESOLUTION NUMBER 07- DEVLLOPMENT ORDER NUMBER 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT ORDER NUMBER 85 -5, AS AMENDED, THE PINE AIR LAKES DEVELOPMENT OF REGIONAL IMPACT (DRI) BY PROVIDING FOR: SUBSECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER, BY INCREASING THE SQUARE FOOTAGE FOR REGIONAL COMMERCIAL RETAIL USES AND REDUCING THE SQUARE FOOTAGE FOR OFFICE USES WHICH RESULTS IN AN OVERALL INCREASE IN SQUARE FOOTAGE, AND PROVIDING FOR CONVERSIONS OF OFFICE SQUARE FOOTAGES TO RETAIL SQUARE FOOTAGES AND VICE VERSA, BY INDICATING IMPROVEMENTS THAT HAVE BEEN MADE TO DRAINAGE, TRANSPORTATION AND WATER SEWER FACILITRS, REVISING THE LIST OF IMPACTED ROADWAYS, BY PROVIDING FOR MITIGATION FOR AFFORDABLE HOUSING IMPACTS AND BY EXTENDING TI•IE TERMINATEION DATE; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY APPROVED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved Development Order 85 -5, which approved a Development of Regional Impact (DRI) known as Pine Air Lakes on November 12,1985; WHEREAS, [lie Southwest Regional Planning council appealed Development Order 85 -5; and WHEREAS, the appeal was settled by the Board of County Commissioners adopting Resolution 86 -63, which amended the Pine Air Lakes Development. Order, on April 15,1986; and WHEREAS, the Application For Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the owners of the DRI property are desirous of amending the Development Order; and WHEREAS, the development order has been subsequently amended; and WHEREAS, Karen Bishop, or Project Management Services, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing the Airport Road Limited Partnership have petitioned the Board of County Cornnvssioners to further amend [lie Pine Air Lakes Development Order; and I Words are deleted; words underlined are added, Agenda Item No, Sr- January 23, 2007 Page 54 of 159 WHEREAS, the Collier County Planning Commissioner (CCPC) has reviewed and considered the proposed amendment and the report and recorrunendations of the South West Florida Regional Planning Council (SWFRPC) and has held a public hearing on the petition on December 21, 2006; and WI- MREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the reports of SWFRPC and the CCPC and held a public hearing on 2007. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4, Findings of Fact, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: FINDINGS OF FACT The real property which is the subject of the ADA is legally described as set forth in Exhibit A, The- I�lt3nn ' T� -gin f0v pi" ,kH- -6tkea atEankad l �' eta artd y jt#erer3ec need er 3. The applicant submitted to the County an ADA and sufficiency response k�ren asmfresite�c4ii13it Bernd kiy re#ea to the extent that they are not inconsistent with the terms and conditions of this order. 4. The applicant proposes the development of Pine Air Lakes DRI Plamred 1--wit imn nt, for 148.99 acres which includes ?5:37— asses -€ep i ?ra use; 103 -cores for mired use office /retail use; 33.49 acres for lakes /open space; app e3 i� 77 12 aetes Fev regioiial 0.7 ''c_ -___fir and approximately 1.81 acres Of cypress wetlands. B. Paragraph 1, Conclusions of Law, of Development Order Number M -5, as amended, is hereby amended to read as follows: CONCLUSIONS OF LAW PROJECT DESCRIPTION: The ADA for the Pine Air Lakes project proposed a range of square footage for approval; however, the transportation analysis provided by the applicant addressed a project consisting of a total of 9-57 -;AAA 11 Q75,000 square feet of retail and office commercial uses as delineated in nrnn i �:�El -tl tat- t1rs�- 57AA(1 �rt� -feet rs Paragraph La. below. T- 1��- m�r«o�rPe � em Fete reHA5et1 a+t t that a r . • i r he r r peed. Conditions: 2 Words are deleted; words underlined are added. Agenda Item No. 8C January 23, 2007 Page 55 of 159 a. Pine Air Lakes project approval shall be for the following maximum square footage and uses, subiect to the conversion provisions set forth in ara raph 6.1N1 ercin Category Seq. Ft. Regional Commercial Retail 787;99E1-1 1 000,000 Office 250,000 75,000 Total 47:9801,075,000 Any further request for additional square footage shall be considered by Collier County through the Substantial Deviation process pursuant to Chapter 380.06, Florida Statutes, C. Paragraph 2, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: DRAINAGE /WATER QUALITY: The applicant has proposed a surface water management system that, with an addition to the proposed "Best Management Practices" (B.M.P.'s) should improve water quality leaving the site and cease to add further to the degradation of Naples Bay. Additionally, the project has the Potential for locating businesses or other on -site uses that could generate special or hazardous wastes (i,e., photographic processing, gas station, printing). Condlttons: C. Wit Admjn mrater-or Iris- design Te Developer has provided a thirty -five (35) foot wide and a twenty -five (25) foot wide perpetual, non - exclusive easement for drainage purposes along the western boundary of the Pine Air Lakes project; thirty (30) foot wide temporary non - exclusive construction easement which parallels a twenty - five (25) foot wide temporary non - exclusive drainage easement, both of which temporary casements connect with the temporary drainage easement for the lake, abutting the property's northeastern boundary along Airport - Pulling Road, around which lake the thirty (30) foot temporary construction easement continues; all as more fully described in the drainage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Batton & Peek, Inc., dated February 1994 for File No, 2G -403. Said temporary easements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at time of Site Development approval of the area north of Edgewood• -Bt­4" Naples Boulevard. At time of Site Development Plan approval, a twenty -five (25) foot wide perpetual, non - exclusive easement for drainage purposes shalt by dedicate to Coilier County uid recorded in the public records. D. Paragraph 4, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 4. FLOODPLAINIIIURRICANE EVACUATION: The proposed retail commercial and office development contains a large amount of conunon area that 3 Words are deleted; words underlined are added. Aaenda Item No. SC January 23, 2007 Page 56 of 159 could be used as refuge in the event of a Hurricane. This would constitute a use of Regional benefit. "Rditiom Tke applioant Most meet with the OPP!-GP1-iRt0 County fir" rb havi4emie efa E. Paragraph 5, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: REGIONAL SHOPPING CENTER: The proposed Pine Air Lakes regional commercial center will contain up to 1,000,000 square feet of retail space and u to 75,000 souare feet of office uses for use by the markets of Collier County and soul], Lee County by 2010. Conditions: b. In order to ensure that regional retail is achieved, there will be theee a ,nillinmm of two individual retail uses, each with a minimum of 70,000 square feet of gross leasable area (GLS) located north of lie Areed Beive Naples Boulevard. Further, a majority of the uses in the Regional Cormnercial area will be restricted to uses specified in the Planned Unit Development Document that are also within Division G of the Standard Industrial Classification Manual, 1987 edition. c The Pine Air Lakes project shall have the right to convert office soace into retail space or retail space into office space with the conversion rate between the different uses to be set forth as follows the conversion rate has been determined by an CCIUM11CM tri2 peneration anal ;sis1. Up to 50,000 square feet of office area can be. converted into retail area at (lie rate of 100 square feet of additional retail area for every 420 souare feet of office area converted Additionally, uo to 50,000 square feet of retail area can be converted into office area at the raie of I00 square feet of additional office area for every 24 square feet of retail area converted. F. Paragraph 6, Conclusions GC Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 6. TRANSPORTATION: Traffic generate([ by Pine Air Lakes, when combined with other growth in the Area, will necessitate substantial roadway improvements, if level -of- service "D" Leak hour -peak season conditions arre to be maintained. Conditions: The developer 41at-t -proA de has provided a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road and Airport Road when deemed warranted by the County Engineer. The signals sliall be owned, operated, and maintained by Collier County. rl. The following regipri_rl inaduayc artrl inrrrcrrrinnc are nrnjPrted to be significantly impacted (5% of LOS D — peak hour, peak season) pfiot' to project buildout. Words are deleted; words underlined are added. Agenda Item No. 8C January 23. 2007 Page 57 of 159 Significantly Impacted Roadways are: 1. Airport Road -- �t�er�i�t- $eaelrP�sn��#geweed- Brrve *— Edgesv% d-DHVe to FUeT K Qr --Pine Ridgy -R.ead to- Gold- Gatc- Parl<wiy • die Read ■ Golden Gate Parkway to Vanderbilt Beach Road ■ South of Pine Ridge Road ■ Pine Ridge Road to Vanderbilt Beach Road 2. Pine Ridge Road } U.S. Al to G 11 t k Road • Goodlette -Prank Road to £idgeweed Gyve Naples Boulevard • Bdgewaf)d- Br Naples Boulevard to Airport - Pulling Road ---A4i:peA-Pu44+g- end to 175 ■ Airporrt PLIMulg Road to Livingston Road • Goodlette Prank Road to 1 -75 a - -A+t- 3et$I4"flg Re, W _ n ,1,,,1be*t 43 •— �- lHk�Betrlev turd- lo-begftr� -$er rJe�ard Significantly Impacted Intersections are: 5- 4 5- 4-WWn&Ridgs-Ik 3d n 8. Airport - Pulling Road /Pine Ridge Road 9. Airport - Pulling Road/ Edgewoed -1.44% Naples Boulevard 10. Aifpw- - Pulling ReafiNan t- Beach Read I-1— Aifpol t- gu44irig44mddmmakale- e --Roed -__- =- , =) ge4�eadlfifaedJ$tee F juuk 13, Pine Ridge Road/9dgeweed- 144ue Naples Boulevard 14. Naples Boulevard at Costco Access 15, Naples Boulevard at Regal Cinema Access 16. Naples Boulcvard at Lowe's Eastern Access C. The applicant shalt mitigate its impact on the regional and local roadway and intersections identified herein as follows: i) The Applicant shall make the improvements specified in 6(a), (b), and (c) hereof. ii) The Applicant shall be subject to all lawfully adopted transportation impact fees. iii) The Applicant has constructed shall- be- raspels ler Qie eensk sEien-�wae44;)t4ve :Naples Boulevard from its terminus on the southern property boundary to and including the intersection improvements needed at its juncture with Airport Road, This roadway is expected to provide an alternative to and relieve some traffic pressure on the Pine Ridge- Airport Road intersection, 5 Words are deleted; words underlined are added. Agen =da Item No. 8C January 23, 2007 Page 58 of 159 iv) Applicant shall be required to make the following improvement to Airport Road: a) When requested by Collier County Transportation Department, Applicant has contributed °' °'mil>ttrte the necessary funds (approximately $80,000) for designing six -lane improvements from the currently designed terminus at Cougar Drive to the northern access point of Pine Air Lakes on Airport Road. b) At the time of issuance of the first building permit for vertical construction in fine Air Lakes, the Applicant has contributed &M-11 le-FeSPOW N -€car• eel e0etinty) the necessary funds to six -lane Airport Road from its currently scheduled terminus at Cougar Drive north to the northern access point of Pine Air lakes on Airport Road. The actual amount of the contribution shall be the full amount necessary to accomplish the six -lane improvements as determined by actual bid price. e e Titans ertation —_D ii4�}3}'$Yt'} tic- nt -cs– ,'lei': -r,i 1•'µ".�e 4 - c) At the time the County Transportation Department deems a second left hun lane is warranted on Airport Road at the Edgeweed-DOYO Naples Boulevard intersection, Applicant shad has contributed it's proportionate share of the costs incurred to install said second left turn lane at its nj+iluts the funds necessary for any improvements to Airport. Road or the adjoining canal to accolrunodate the second left turn lane. d) Said contributions set forth in (a) and (b) above shall -be have been credited to the Applicant, his successor or assi ;pees, as a road impact fee credit. The amount of the credit shall be the contribution amount less any casts required for the design or construction of site - related improvements. For the purpose of this stipulation, site - related improvements shall be deemed to be any north bound or south bound turn lanes deemed acquired at each access point to Pine Air Lakes, signalization costs for the intersection of £dgeweed Drive Naples Boulevard and Airport - Pulling Road, and any canal improvements associated with the Pine Air Lakes project. Collier County shall agree. to use said contribution for the sole purpose of the above described six -lane intprovenlents. 1. Txcept for the three recess points provided on Airport Road, all A-4- access to individual parcels shall be internal. n. T>�° tee?° �el�t- S�' 1. 11-- he- 1t+ 3�FFEd- te- parEe- ls-- iFlli�le�li ' 8c1 �'1 ^te :o: �`'�eweecl- Alive- a+a- talatai ;3c�- arrd- clecliesta ; £- lgewee l D ' a a .1, o� is 4c�opel erdrtt3<e G. Paragraph 7, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 6 words are deleted; words underlined are added. Agenda Item No. 8C January 23, 2007 Page 59 of 159 ENVIRONMENTAL CONSIDERATIONS: a. A site clearing plan has been 6MI be submitted to the Development Services Departntcnt for review and was approved appfei O prior to any substantial work on the site. Thi -pla, = a•.a"e- ubi tt6d i— phases _.to :d with t 'evelepm all e }i ot'l >sratee -rind vegetation to th lam- hew -rOads -bad; lakes atki ^ ots �per -ffi eriw -to accomrnedate this geal. C. All exotic plants, as defined in the Collier County Land Development Code, have been removed shall - he -re+p eh phase - seastr+tstieA from all development areas, and preservations areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Development Services Department. H. Paragraph 8, Conclusions of Law, of Development Order Number 85 -5, as amended, is hereby amended to read as follows: 8. UTILITIES: A. Water and Sewer Central water distribution and sewage collection and transmission systems have been will -be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Tile proposed water and sewer facilities will he have been constructed within easements to be dedicated to the County for utility purposes or within platted rights -of -way. Upon completion of construction of water and sewer facilities within the project, the facilities will 6 e have been tested to insure they meet Collier County's minimum requiremcnts at-wwc -1 tints tltoy -tivill -lie -and have been dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. 2. All consU'uction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must 6 have been reviewed and approved by the Utilities Division prior to commencement of construction. 5, An Agreement shall be entered into between the County and the Owner, legally acceptable to the County, stating that: a) The water supply and wastewater treatment facilities for this nroiecl are provided by Collier County and no temporary or interim water treatment facilities are renuired, tjnent fiaoilities and ii sits wastswater treatment and lisposa! faei464_- --,jf req tlY'ecl aYe to be eottstrusted part of th�� sed pr j must -be + - d--- as - - -.i ied t„ State .,, wit;;-- n;�l-- Ija- eer�t�s�aQ- �- 1.a - -� «���and -- Fecierttl Gtanda# fly - rind -afe- to- b"wned- ep'et- ^r�c'zs, and -immi n8d- l}y-- tiife- ai5'f}e3 Words arc deleted; words underlined are added. Agenda item ,Rio. 8C January 23, 2007 Page 60 of 150 } 1, e FA!Ojeet-- I j3s}1- EetH3ee�t9n -tE� t11C 9Ht{4j rC eRI fti: 'A Ater ter Far l ar r,..,. ^t f+8jjj the site the t miff 68 age rf�� ter ly sa,.. i applie -a6l ;^tent wim State of 1 loiido stftncIards. vet- k- tew e Ei witli ims aetivity shall be pe4at:,ned - ar- .,Q- e.,... tc .hy, b) Connection to the County's Central Water and /or Sewage Facilities will be mode. by the Owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. c) All construction plans and technical specifications related to connections to the County's Central water and /or Sewer Facilities will be have been submitted to the Utilities Division for review and approval prior to commencement of construction. (1) The owners, their assigns or successors shall agree to pay all applicable system development charges at the lime that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties tot' which building permits will be required prior to the start of building construction, C) The County, at its option, nnay lease for operation and maintenance the water distribution and/or sewer collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, uansmission and treatment facilities. D, The project Developer shall cooperate and coordinate with the Utilities Division and Public Works Department oil the installation of the proposed ou -site Package sewage treatment plant. Tl�lanned tote{'' T''- ��`t`ai{ 11 pufstiftilt ie qje e ..tie1i-ef!e 1' -inc- Ridge Indu4tFi�a� D * re rr, r�� ^Il sevsa •f{f{H3•- ijecr,vrr-1- 1 -co be alts -ra3 at- il�e- C�tirity- n�^.�o;?m'- ��$at- meta -�aci li c regt6fed4e4 d sc�t�strttetion e n t l treatment--, cl�ectic�t } -1� —The water supply and waste +eater treatment faci hies for ibis proiect arc provided by Collier Colutty and no_ten{poi'ary or interim wntcr : reatment facilities re }_e u,�c fired. I. 'I'hc COE{ehlSiOnS of Law Section of Development Order Number 85 -55, as amended, is hereby amended to add a new Paragraph entitled "Housing" to read as follows: 9 HOUSING! To satisfy the project's affordable housing impacts cut{rulative]Nf the applicant's nutigation for commercial and. -- office uses shall be $206,424.00, These funds shall be paid to the Collier County AtrOrdabw Housing Trust Fund at Of }" IIdLJ :I iF e +hq,i n },t;;m;— --,;t is involved, then tile �vaicnts _shalt be >rated on { 50 cent ncr square footage basiswith a portion being collected at the issuance of each building permit. Words arc deleted; words underlined are added. Agenda Item No. 8C January 23, 2007 Page 61 of 159 L. Paragraph 3, of the Future Resolution Section, of the Development Order Number 85 -5, as amended, is amended to react as follows: BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that: 3. This Development Order's termination date and the project buitdout date shall be the same date which is October 14, 2088 2010. SECTION'I'WO: FINDINGS OF FACT A. That the real property which is the subject of the Substantial Deviation ADA is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statues, C. The applicant submitted Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) pursuant to Subsection 380.06(19), Florida Statues. D. The applicant proposes the development of Pine Air Lakes on 148.99 acres of land in Collier County for commercial retail and office uses. E. The proposed changes to the previously approved Development Order are consistent with the report and recotlnnendations of SWFRPC. F. A comprehensive review of the impact generated by the proposed changes to the previously approved development ltn% been conducted by the County's departments and the SWFRPC. G. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION THREE: CONCLUSIONS OF LAW A. The propose([ changes to the previously approved Development Order do constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. Tile proj)OSCd changes to the previously approved development are consistent with the Collier County Growth Management Plan and Collier County Land Development Code adopted pursuant thereto, 9 Words are deleted; words underlined are added. Agenda Item No. 8C January 23', 2007 Page 62 of 159 E. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. SECTION TOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85 -5 shalt remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order Number shall be transmitted itmnediately upon execution to the Department of Community Affairs, Bureau of Land and Water Mauagernent, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution is recorded in the minutes of this Board. THIS RI✓SOLUTION ADOI'TLD this day of 2007, after a motion, second, and majority vole. ATFES : BOARD OF COUNTY C01%11\4ISS1OitiERS DWIGHT F. BROCK, CLERK COLLIER COUNTY, FLORIDA B y'. , Deputy Clerk Approved as to forte and legal sufficiency: Maljor^A 114. SLLI&nt- Stirling Assistant County Attorney 10 Words are deleted; words underlined are added. , Chairman COLLIER COUNTY GOVERNMENT DEPT. OF ZONING $ LAND DEVELOPMENT REVIEW �- W'WW.COLLIERGOV.NET A 2800 NORTH HORSES✓0' No. 8C NAPLES, FLORIDA 34104 3, Page 6 3 of f 159 (239) 403 -2400 FAX (239) 643 -6968 �x :. -. -.; +•x h r�..�P:�. ��.� ae,:. AYR r �N 4 t ����� aa t: -7. _ PETITION NO (AR) DOA- 2005 -AR -8543 PROJECT NAME pROJECT #19990038 PROJECT NUMBER, DATE: 11/1/05 DATE PROCESSED I MICHAEL BOSI ASSIGNED PLANNER Above to be completed by staff APPLICANT(S) AIkPORT ROAD LIMITED PARTNERSHIP ADDRESS 800 cr GATE DR., #302 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 2 _,_:_': 261 -2995 CELL # FAX # 239 -261 -4278 E -MAIL ADDRESS. Is the applicant the owner of the subject property? ® Yes ❑ No ❑ (a) If applicant is a land trust, so indicate and name beneficiaries below. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ (c) if applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ® (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Daniel Aronoff is President of Airport Road, Inc A general partner of Airport Road Limited Partnership - —__ See attached Exhibit detailing property ownership (if space is inadequate, attach on separate page.) A.aenca Iter n No. 80 January 23. 2007 AGENT INFORMATl ©N NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN & JOHNSON ADDRESS 4001 TAMIAMI TRAIL N SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239- 435 -3535 CELL # E -MAIL ADDRESS: RYOVANOVICHL7a GCJLAW COM AX # 239 -435 -1218 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROPERTY' :INF01tMATION PUD ORDINANCE NAME Pine Air Lakes PUD NUMBER: Ord #94 -25 Detailed Iepal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. 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. See exhibit NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 11 I 495 /—__25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 66760001723 6676000274, 66760000368 66760011027 66760011302 66760010345 66760010303 66760002120 66760001820 66760002065 Metes & Bounds Description: See attached Size of property ft. X ft. = Total Sq. Ft. Acres 148.99 Address /general location of subject property: West and contiguous to Airport Road. parallel to and Uprox 1.600 feet north of Pine Ridge Road: approx. 1,300 feet west. the boundary Jogs south then west again a prox. 1.300 feet parallel to Pine Ridge Rd. 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). No Section /Township /Range Lot; Block: Subdivisi Plat Book Page #: Property I.D.# Metes & Bounds Description: Page 65 c 159 TYPE OF AMENDMENT: •.••� A. PUD Document Language Amendment ® B. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? ® Yes ❑ No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? ® Yes ❑ No IF SO, IN WHOSE NAME? Airport Road Limited Partnership PETITION #: DOA2004- ARS317 DATE: 9/28/04 HAS ANY PORTION OF THE PUD BEEN ® SOLD and /or ® DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND /OR DEVELOPED? ❑ Yes ® No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately Agenda Item No. 8C January 23, 2007 Page 66 of 159 EXHIBIT A PROPERTY OWNERS Airport Road Limited Partnership Sembler /Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District EXHIBIT B A parcel or trac.t.of land lying in Section 11, Township 49 South, Range 25 East, Collier County, Florida, being described as follows: Commencingg at the Northeast' corner of said Section 11, run S 0002V 47" W along the East line of said Section ll a distance of 1318.86 feet; thence S 88047'13' W 100.04 feet to the POINT OF BEGINNIRG and the westerly right -of -way line. of County Road Ro.31; thence continue S 88047'13" u 2654.06 feet; thence S 01005'27" E 1316.71 feet; thence S 01005118 E 1316.78 feet; thence N 88051'31" E 1341.42 feet; thence N 00018'58" W 329.45 feet; thence N 88050'57" E 1245.82-feet to the Westerly right -of -way line of County Road H0.31;, thence N 00027'18" E along said right -of -way line 989.28 feet; thence N 00027'40" E along said right -of -way line 1318.80 feet to the POINT OF BEGINNING: Said parcel or tract containing - 148.99 .acres, more or less. Subject to easements, restrictions and reservations of. record. Bearings based on a bearing of N 00027'47" E on the East line of the NE% of Section 11, Township 49 South, Range 25 East, Collier County, Florida. This description meets the Minimum Technical Standards . as set forth by the Florida Board of Land Surveyors. pursuant to Chapter 472.027, Florida Statutes. E Agenda Item No. 3C January 23, 2007 We /I, Daniel J. Aronoff being first duly sworn, depose and say that we /1 am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I furt�l er thorize _Richard Yovanovich of Goodlette, Coleman and Johnson toact a our /my representative in any matters regarding this Petition. X 0 Signature of Propertylg"wner Airport Road Limited Partnership By: Airport Road, Inc. Its: General Partner By: Daniel J. Aronoff Its: President Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner "The foregoing instrument was acknowledged before me this _� � day Cinuary 2s 2007 September, 2005, by Daniel J Aronoff who is personally known tome or has ge 69 of 159 produced ____________ - ____________as identification. (,-t LC,k,c,*o State of Florida County of - C-arttft--r O'k V- .A- 0-3) a_ (Signature of Notary Public - State of Fferrcba) (Print, Type, or Stamp Commissioned Name of Notary Public) Kristine A. MacDonald Notary Public Oakland County My Commission Expires on 10/132011 t .- Divicsion.ofCorporations January 23 20G7 age r 7r, of 1 ug Florida Limited Partnership AIRPORT ROAD LIMITED PARTNERSHIP PRINCIPAL ADDRESS 800 SEAGATE DR. SUITE 302 NAPLES FL 34103 Changed 03/28/2003 MAILING ADDRESS P.O. BOX 893 BLOOMFIELD HILLS MI 48303 -0893 Changed 04/27/1998 Document Number FEI Number Date Filed A96000001303 593392731 07/08/1996 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date REINSTATEMENT 04/27/1998 NONE Actual Contribution 100.00 Registered Apent Name & Address ARONOFF, JANET Y 800 SEAGATE DR_ SUITE 302 NAPLES FL 34103 Name Changed: 04/27/1998 Address Changed: 03/29,12003 General Partner Detail Name &. Address ocum http: / /ccfcorp.dos. state. fl. us / scripts /cordet.exe ?al= DETFIL &n1= A96000001303 &n2= NAI\'i... 9/2/2005 Dlv1&0 0f- Corporations g.2 f ,agenda em o. .., . January 23, 2007 Page 71 of 159 Number AIRPORT ROAD, INC. 800 SEAGATE DR P96000057691 NAPLES FL 34103 Annual Renorts �P6 r ian i;5i m�L[s View Events No Name History Information Document Images Listed below are the images available for this filing. 04/30/2005 - ANN REMINMORM BUS REP 04/30/2004 - ANN REP/UNIFORM BUS REP 03/28/2003 - ANN REP/UNIFORM BUS REP 04/04 12002 -- COR - ANN REP/UNIFORM BUS REP 05/01 /2001 -- ANN REP/UNMORM BUS REP 04/19/2000 -- ANN REP/UNIFORM BUS REP 12/15/1998 - ANNUAL REPORT 04/27/1998 -- REINSTATEMENT 1111/ -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: /lccfcorp. dos. state. fl. uslscripts /cordet.exe ?a1= DETFIL &n1= A96000001303 &n2= NAM... 9/2/2005 port Year Filed Date 2003 F 03/2812003 2004 04/3012004 2005 04130/2005 �P6 r ian i;5i m�L[s View Events No Name History Information Document Images Listed below are the images available for this filing. 04/30/2005 - ANN REMINMORM BUS REP 04/30/2004 - ANN REP/UNIFORM BUS REP 03/28/2003 - ANN REP/UNIFORM BUS REP 04/04 12002 -- COR - ANN REP/UNIFORM BUS REP 05/01 /2001 -- ANN REP/UNMORM BUS REP 04/19/2000 -- ANN REP/UNIFORM BUS REP 12/15/1998 - ANNUAL REPORT 04/27/1998 -- REINSTATEMENT 1111/ -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: /lccfcorp. dos. state. fl. uslscripts /cordet.exe ?a1= DETFIL &n1= A96000001303 &n2= NAM... 9/2/2005 IVison'ofCorporations January 23. 2007 Page 72 of 150 Florida Profit AIRPORT ROAD, INC. PRINCIPAL ADDRESS 800 SEAGATE DR STE 302 NAPLES FL 34103 Changed 03/27/2003 MAILING ADDRESS P.O. BOX 893 BLOOMFIED HILLS MI 48303 -0893 Document Number FEI Number Date Filed P96000057691 593392731 07/08/1996 State Status Effective Date FL ACTIVE NONE Rep-istered Agent Name & Address ARONOFF, JANET 800 SEAGATE DR STE 302 NAPLES FL 34103 Name Changed: 04123!1998 Address Changed. 03/27/2003 Officer/Director Detail Name & Address Title ARONOFF, DANIEL J 38500 WOODWARD AVENUE SUITE 310 P BLOOMFIELD HILLS MI 48304 Annual Reports U++—.IJ f rlr u cfntP fl „� /cnrintc /r.ncriet exe ?a1= i)F,TFIL &n1= P96000057691 &n2 NAM... 912/2005 f corporations migio 0 No Events No Name History Information Document Images Listed below are the images available for this filing. 04/22/2005 -- ANN REP/UNIFORM BUS REP 05/03/2004 — ANN REP/UNIFORM BUS REP 03/27/2003 — ANN REP/UWORM BUS REP 04/10/2002 — COR - ANN REP/UNIFORM BUS REP 0511412001 ANN REP/UNIFORM BUS REP 04/25/2000 ANN REP/UNIFORM BUS REP 04/2211999 ANNUAL REPORT 04/23/1998 — ANNUAL REPORT f07/17/1997 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT A—, nrriP.t exe,?Al =T)ETF1L&n1=P96000057691&n2=NAM... 9/2/2005 At0i January 23, 2007 Page 73 of 159 Report Year Filed Date 2003 _JF 03/2W2003 2004 11 . 05/0312004 2005 71 MIT) rinn No Events No Name History Information Document Images Listed below are the images available for this filing. 04/22/2005 -- ANN REP/UNIFORM BUS REP 05/03/2004 — ANN REP/UNIFORM BUS REP 03/27/2003 — ANN REP/UWORM BUS REP 04/10/2002 — COR - ANN REP/UNIFORM BUS REP 0511412001 ANN REP/UNIFORM BUS REP 04/25/2000 ANN REP/UNIFORM BUS REP 04/2211999 ANNUAL REPORT 04/23/1998 — ANNUAL REPORT f07/17/1997 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT A—, nrriP.t exe,?Al =T)ETF1L&n1=P96000057691&n2=NAM... 9/2/2005 Agenda Iiem No. SC '�3. 2D1g gage 'c of 159 QUESTIONS 2.3 — APPLICANT INFORMATION 2. Owner /Developer (name, address, phone). State whether or not the owner or developer is authorized to do business in the State of Florida pursuant to the provisions of Chapter 407,F.S. Airport Road Limited Partnership, a Florida Limited Partnership, by Airport Road, Inc., its general partner Jason Wagner, Vice President 800 Seagate Drive, #302 Naples, FL 34103 Phone — 239 -261 -2995 Fax — 239 -261 -4278 Developer is authorized to do business in the State of Florida. Please see Corporation documents as Exhibit A. 3. Authorized Agent and Consultants (name, address, phone). Agent: PMS, Inc. of Naples Karen Bishop, President 2335 Ta niami Trail North, Suite 408 Naples, FL 34103 Phone — 239 -435 -9080 ext 3 Fax — 435 -9082 E -mail: karenbishop @pmsnaples.com Consultants: Pavese Law Firm Neale Montgomery 1833 Hendry Street Fort Myers, FL 33902 Phone — 941- 334 -2195 Fax — 941 -332 -2243 Goodlette Coleman and Johnson Law Firm Richard Yovanovich 4001 Tamiami Trail N., Suite 300 Naples, FL 34109 Phone — 239- 435 -3535 Fax — 239 - 435 -1218 I j DOA- 2005 -AR -8,543 nnnnZ8 pRojE T 41q DATE: 11/1/()5 MICHAEL BOSI No., &C January 23.. 2007 i Page 75 of 159 Johnson Engineering David Willems, F.E. 2158 Johnson Street Fort Myers, FL 33902 Phone = 239 -334 -0046 Fax — 239 - 334 -3661 Metro Transportation Group, Inc. Ted Treesh 12651 McGregor Blvd. Suite 4 -403 Ft. Myers, Fl 33919 Phone — 239 - 278 -3090 Fax - 239 - 278 -1906 Fishkind & Associates Russ Weyer 1415 Panther Lane, Suite 248 Naples, FL 34109 Phone — 239 - 254 -8585 Fax — 239 -591 -6601 Daniel Trescott DR[ Coordinator SWRPC 1926 Victoria Avenue Ft. Myers, Fla. 33901 2 rl"4ehda Itern No. 8C , uanuary 017 Page 76 of 159 QUESTIONS 4 -7 — DEVELOPMENT INFORMATION 4. Attach a notarized authorization from all persons or corporations (or authorized agents of said persons or corporations) having fee simple or lessor estate in the site indicating that each of these parties is aware of, and concurs with, the development of this property as described in this Application for Development Approval. Include the names and addresses of all parties with an interest in the property. In addition, include descriptions of an other properties within one -half mile radius of the DRI site in which any of the parties with an interest in the DRI site hold a fee simple or lessor interest. Please find copies of the notarized authorization forms attached as Exhibit B. The following list is the parties with an interest in the property that may or may not be developed: Airport Road Limited Partnership Sembler /Gaeta Naples Partnership #l, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District 5. Attach a legal description of the development site: - Include section, tovcroship: and -- - range. Please find the legal description attached as Exhibit C. 6. Have you requested a binding letter of interpretation of DRI status or vested rights, clearance letter, agreement or preliminary development agreement from the Department of Community Affairs? If so, what is the current status of this determination? No 7. List all local governments with jurisdiction over the proposed development. Collier County 3 Aqg nun (ten hit;. 8C'.. . January-23,2007 Page 77 of 159 QUESTION 8 — PERMIT INFORMATION 8. List all agencies (local, state and federal) from which approval and /or a permit must be obtained prior to initiation of development. Indicate the permit or approval for each agency and its status. Indicate whether the development is registered or whether registration will be required with the Division of Florida Land Sales, Condominiums and Mobile Homes under Chapter,478, Florida Statutes. Indicate whether the development will be registered with the H.U.D., Division of Interstate Land Sales Registration or with other states. Not Applicable. . PART II. GENERAL SECTION QUESTION 9 - MAPS The following maps must be provided as a part of the ADA. The appropriate scale for each map should be determined at the preapplication conference. . Map A. A general location map. Indicate the location of any urban service area boundaries and regional activity centers in relation to the project site. Map B. A recent vertical aerial photo of the site showing project boundaries which reasonably reflects current conditions. Specify the date the photo was taken. Map C. A topographic map with project boundaries identified (contour intervals from one to. five feet should be determined in- consultation - with- the- appr -opr- iate- regional-planning.T -_. council and other reviewing agencies at the preappli cation conference).- D- elin'at e- _- _:__;;_ 100 -year flood prone areas (including hurricane - flood - zones ),- and - indicate- major- 4and -. -- - - -- surface features. If applicable, delineate the coastal construction control line. Map D. A land use map showing existing and approved uses on and abutting the site. The'uses shown should include existing on -site land uses, recreational areas, utility and drainage easements, wells, right -of -way, and historic, archaeological, scientific and architecturally significant resources and lands held for conservation purposes. Map E. A soils map of the site. Not Applicable Map F. A vegetation associations map. Not Applicable Map G. A location map of all transects, trap grids, or other sampling stations used to determine the on -site status of significant wildlife and plant resources. Show location of all 4 k4enaa'ftem P <o. BC Ja;7uary 23, 2007 Page 78 of 159 4 observed significant wildlife and plant resources, and show location of suitable habitat for all significant resources expected to be on -site. Not Applicable Map H. A master development plan for the site. Indicate proposed land uses and locations', development phasing, major public facilities, utilities, preservation areas, easements, right -of -way, roads, and other significant elements such as transit stops, pedestrian ways, etc. This plan will provide the basis for discussion in Question 10 -A as well as other questions in the ADA. Map I. A master drainage plan for the site. Delineate existing and proposed: drainage basins, flow direction, water retention areas, drainage structures, flow route offsite, drainage easements, waterways,. and other major drainage features. (This information maybe presented on two separate maps (existing and proposed), if desired.) Map J. A map of the existing highway and transportation network within the study area. The study area includes the site, and locations of all transportation facilities,which are substantially impacted. This area should be finally defined on the basis of -the findings of the traffic impact analysis, including determinations of where the criteria for a substantial im act are met Map J will become the base for the maps requested in. p Question 21. traffic This map is located in the analysis done by Afetro Transportation dated 6123,105. Part 1 Specific Project Description A. Describe and discuss in general -terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), magnitude in the appropriate units from Chapter 28724, F.A.G., where applicable, and expected beginning and completion dates for construction. Pine Air Lakes DRI is an existing Mixed -Use Commercial/Retail project-that lies within Collier County. Regional Activity Center No. 13, northwest of the Airport Road I Pine Ridge.Road intersection,. and was originally approved in 1985 for 1,280,600 square feet. "A revision the -DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14,.2005 was approved. As of March 31, 2005, 372,476 square feet of office and commercial uses are completed. An additional 202,225 square feet are either permitted or under construction for a total of 574,701 square feet in various stages of development. All of the required water management system is permitted through the SFWMD with approximately 80% of "the total water management system. either- completed -or under construction and scheduled for completion in late 2005. The. backbone. drainage system is completed as well as the roadways and - areturned -over to Collier County. Since approximately %z of the project is already either constructed or in the permitting stage. a build -out of five years is not unrealistic. B. Provide a breakdown of the existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.065 1, F.S. and Chapter 28 -24, F.A.C. Use Level III of the Florida Land Use. and Cover Classification System: A Technical Report (September 19$5); avaitalile fronheg�aai plaiimng council. Refer to Maps D (Existing Land - Use) - and I I {Master -Plan) :Use the - format l elo—w -and-Ar -_eat ____ each land use category as mutually exclusive unless otherwise agreed to,at the- preapplication conference. C. Briefly describe previous and existing activities on site. Identify and constraints or special planning considerations that these previous activities have with respect to the proposed development. This site is an existing Mixed Use Commercial /Retail site. We intend to continue to develop the site in this manner and have no special planning considerations. D. If the development is proposed to contain a shopping center, describe the primary and secondary trade area which the proposed shopping center will serve. The Primary Trade Area will be the area generally bounded by Golden Gate Parkway to the South, Vanderbilt Beach Road to the North, I -75 to the East and Goodlette -Frank Road to the West. 0 Agenda Item No. 8C ` January 231, 2007 Page 80 of 159 The Secondary Trade Area will be the area generally bounded by US -41 to the South, Collier Boulevard (CR -951) to the East, Immokalee Road to the North and US -41 to the West. Please note that this is a mixed use project with free standing buildings that range from mid -size to large -size formatted retail providers which is not classified as a shopping center. E. Describe, in general terms, how the demand for this project was determined. The demand for the project has been market driven. The initial phases of the development have . been well received by large national and regional tenants that purchased properties and constructed stores such as Lowes, Costoo, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has been more local "infill" development that is seeking .locations in close proximity to the established retailers. This is evidenced. by the Naples Boulevard-Car Wash, smaller neighborhood -type conventional shopping centers (2 currently in permitting), :the TIB - Bank of the Keys building (in permitting) and the Wild Oats anchored shopping center currently under construction. Part 2 Consistency with Comprehensive Plans A._ Demonstrate how the proposed project is consistent with the local comprehensive plan and :land development regulations.. Indicate whether the proposed - project will require an amendment to the adopted local comprehensive plan, including the capital improvements:element: If so,- please describe the necessary changes. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations.. This project is located in Activity Center No. 13 where uses are suggested _ to be clustered. The property is located near _arterials- and :provides- relief- tathel��rth-Airp. Dr# _R-_R Since it is an approved-PU.Dsit-pr -0uides- consistency -with the.. -LD.0 -The reuisioritcL-this-application- will not require an amendment to the adopted local comprehensive plan includin =the capital improvements element. B. Describe how the proposed development will meet goals and policies contained. in the appropriate Regional Comprehensive Policy Plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit. Development designation, this project meets goals and policies contained in the Regional Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies in conjunction with growth and the issues of access. This area is well suited for development since it is affluent in water, wastewater, recreational and other facilities for the existing population and the expected growth. This project provides adequate infrastructure to support the development of an area that is within a major public transportation corridor. Clean drinking water, along with treated wastewater and stormwater, is essential for expanding the economy and maintaining quality of life are provided by this site. To make flood - protection efforts compatible with environmental protection, drainage is accomplished through streets, parking lots, storm sewers and on -site detention/retention systems that do not harm the ecology of protected natural areas. Stormwater quantity and quality 7 Ac, a Iter7 No, 8C 'at uary 2007 Page 81 of 159 level of service standards are consistent w W ith those recommended by the SFMD through our pen-nit. The site also maintains the character of the area by encouraging compatibility of adjacent land uses. Naples Boulevard provides the safe transfer of people and goods efficiently which, in turn, promotes economic strength whether through sales or employment. This part of Collier County has changed dramatically since the DRI was approved. The property is located in an activity center in the comprehensive plan. This is an area where the county expects, and has provided for intense commercial uses. To the north of this site is an industrial/business park, to the south and east are intense commercial uses. This commercial site functions better than much of the commercial located along Pine Ridge Road because the access points are appropriately located and function well, and because the center was designed in a manner that permits internal trip movements.without the need to traverse public roads, other than the public road provided by the center. Much of the commercial along.Pine Ridge is strip commercial that is poorly designed -and doesn't function well. This area functions as a destination ,as one would anticipate-in an activity center. Much of north Collier County has developed in exclusive gated communities that are strictly residential, and which do not provide any interconnections. This center provides much needed interconnection, and meets the commercial needs of the residents in the nearby residential communities. C. _ . Describe how the proposed development will meet goals and policies contained in the State Comprehensive -Flan (Chapter 187, F.S.), including, but not - limited to, the goals addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, and agriculture. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.) The revision to this application will continue to meet the goals and policies. This project accommodates- growth in.an enwrormentally-accept bl "' e —.T: livability and character is enhanced through- the:-encouragement of an - attractive- and.functional:mix working, shopping and entertainment. The transportation system provides citizens: and visitors with timely and efficient access to services, jobs, markets and recreation. This area is also compatible with existing local water supplies and stormwater quantity and quality level of service standards are consistent with those recommended by the SFWMD through our permit. E:3 A. Complete the following Demographic and Employment tables. Future Phase 2006 -2009 0 1 0 1 2.78 2.78 0 0.336 1 0.336 1 0 1 0.60 0 TOTAL D 1 0 1 2.78 2.78 0 0.336 1 0.336 1 0 1 0.60 0 (1) 2004 Florida Population Studies: No. of Households and Average Household Size in Florida: April 1, 2004, Bureau of Economic and Business Research, University of Florida U.S. Census Data, Census 2000 used to adjust total population for seasonality (2) Provided by Florida DOE 2004 Public Schools Membership and 2004 BEBR Collier County PPH (3) 2004 Florida Population Studies, Population by Age, Bureau of Economic and Business Research, University of Florida Fishkind & Associates, Inc. has estimated the expected employment from the Pine Air Lakes DRI. We have further distributed this employment based on expected salary ranges and the historic ES -202 wage and employment data for Collier County. Below, Table 10.3.2, Total Employment at Pine Air Lakes DRI shows the expected employment for the Pine Air Lakes DRI, Table 10.3.3, Average Income Collier County shows the average wage based on 2003 ES -202 data. Table 10.3.4a, Expected Employment by Income Group: Pine Air Lakes DRI shows the Fishkind & Associates, Inc. estimate of employment by income group in the future phase. Table 10.3.5, Expected Employment by Job Type: Pine Air Lakes DRI shows the Fishkind & Associates, Inc. estimate of employment by job type for the future phase. Table 10.3.2. Total Employment at Pine Air Lakes DRI P! ew''�".°',k "l 7r F >•^ �,y � ,,t di:�'!�%liErni°.u'.a�eYa r. TOTAL - Table 10.3.3. Average Income Collier County General Project Description 9 Commercial by NAICS Code: $21,863 Office by NAICS Code: $56,768 General Project Description 9 _ - �Agcrtaa Item No: 8� January 23;2007 Page 83 of 159 Tables 10.3.4a. Expected Employment by Income Group: Pine Air Lakes DRI - Future Phase $8,500 $14,149 $11,325 153 2 $14,150 $16,649 $15,400 44 0 $16,650 $19,149 $17,900 47 0 $19,150 $21,649 $20,400 49 0 $21,650 $24,149 $22,900 49 0 $24,150 $26,649 $25,400 47 0 $26,650 $29,149 $27,900 44 1 $29,150 $31,649 $30,400 40 1 $31,650 $38,139 $34,895 80 6 $38,140 $40,639 $39,390 21 4 $40,640 $43,139 $41,890 16 5 $43,140 $45,639 $44,390 12 6 $45,640 $48,139 $46,890 9 8 $48,140 $50,639 $49,390 6 9 $50,640 $58,460 $54,550 9 31 $58,461 $60,960 $59,711 1 10 $60,961 $63,460 $62,211 1 9 $63,461 $65,960 $64,711 0 8 $65,961 $68,460 $67,211 0 7 $68,461 $70,960 $69,711 0 6 $70,961 $73.460 $72,211 0 5 $73,461 $75,960 $74,711 0 4 Greater than $75,960 0 8 Total 628 130 General Project Description 10 General Project Description 1 1 Under 10.00 $10,000- $15,000- $20,000- $25,000- $30.000- $35,000- Over 0 000 Total $14,999 1 99 $24,999 $29,999 $24_999 39 999 Future Phase Non-Construction Retail 0 153 91 98 91 120 21 54 628 Office 0 2 0 0 1 7 4 116 130 Construction Residential 0 0 0 0 0 0 0 0 0 Non - residential 0 1 3 4 6 7 15 4 39 78 General Project Description 1 1 Part 4 Impact Summary 12 Agenda Jt em No. 8 January 23, 2007 Page 85 of 159 gen�a''lxem.hto. 8C January 23, 2007 Page 86 of 159 QUESTION 11 - REVENUE GENERATION SUMMARY A. Project the funds anticipated to be generated by the project. This projection should include any source or use of funds which could have any reasonable connection to the proposed development. 1. Make the following projections by year, including the first and last year in which any construction and/or development takes place: (a) Yearly ad Valorem tax receipts (b) Yearly impact fees collected (c) Yearly sales tax received by local government (d) Yearly gasoline tax received by local government (e) Yearly projections of any other funds by any other sources generated as a result of development of the proposed project within the region Pine Air Lakes DRI will generate significant ongoing. revenue benefits to Collier County. The major operating revenues generated by the DRI by year are provided in the attached Summary Table and include ad Valorem, sales taxes, utility taxes, service fees and other major revenues. These annual operating revenues are estimated to reach $2.0+ million per year at build out estimated to be 2010. (Summary Table) (a) Pine Air Lakes DRI is forecasted to generate $3.0- million in total ad Valorem revenue each year for Collier County at build out (Summary Table). (a) Based on current millage rates, the Collier County School Board is projected to receive ad Valorem revenues of $2.9 million each year at build out. (Summary Table). (a) Based on current millage rates, Collier County BOCC is expected to receive $2.7- million from ad Valorem revenues each year at build out. (Summary Table). (b) Pine Air Lakes DR] is forecasted to generate $8.4- million in impact fees for Collier County. (Summary Table). (c) Pine Air Lakes DRI is forecasted to generate $1.1- million+ in '/2 cent sales tax revenue for the County each year at build out (Summary Table). - (d) Pine Air Lakes DRI is forecasted to generate nearly $180,000 in local option gas tax revenues to the County each year at build out (Summary Table). 13 Agenda IZ °n "f N3. 8C January 23; 2007 Page 87 of 159 (e) Pine Air Lakes DRI is forecasted to generate $15,000 in franchise and utility fees for the County each year at build out (Summary Table). (e) Pine Air Lakes DRI is forecasted to generate $15,000 in occupational licenses and building permit fees for the County each year at build out (Summary Table). (e) Pine Air Lakes DRI is forecasted to generate $17,400 in federal and state grants each year at build out (Summary Table). (e) Based on the RIMS 11 (Regional Industrial Multiplier System) utilized in the Fishkind Fiscal Impact Analysis Model (FIAM), the direct and indirect economic impacts of the Project show that it is forecasted to produce 1,849 jobs at build out. Direct and indirect total output or sales within the area is expected to average $137 - million each year at build out. Direct and indirect employee eamings are forecasted to average $50.7 - million each year at build out. B. List all assumptions used to derive the above projections and estimates, show the methodologies used and describe the generally accepted accounting principles used in all assumptions, estimates and projections. The assumptions and supporting data used in the revenue generation calculations for Collier County are provided in the Summary Table. Property taxes were calculated using 85 percent of the sales price, less the Homestead exemption (for 90% of single family households and 70% of multifamily), and multiplied by the appropriate Millage rate. Franchise fees, utility taxes, charges for services, fines and forfeitures and all other revenues were calculated using a per capita methodology. This methodology arrives at a per capita amount for each revenue item in the County Budget. These per capita averages are then applied to the projected new population. The additional assumptions used to calculate the school ad Valorem revenue are provided in the Summary Table. The assumptions used for the RIMS II (Regional Industrial Multiplier System) calculations are provided as follows: Construction Multipliers Output Jobs Earnings % Local Residential 1.48 29.2 0.6137 70.00% General Office 1.48 29.2 0.6137 60.00% Retail-Shopping Center i 1.48 29.2 0.6137 50.00% Restaurant 1.48 29.2 0.6137 60.00% 14 Aaend.a #ten Pilo. 8C v January 23, 2007 Page 88 of 159 RIMS II Multipliers output Jobs Earnings Jobs/ Jobs X Office (Professional and Medical ) 2.25 36 0.85 0.00002 7 2.2 Retail / Movie Theater 1.55 28 0.35 0.00002 1 1.3 Construction 1.9549 29.3 0.61 0.00002 2 1 2.0003 15 PART III. ENVIORNMENTAL RESOURCES IMPACTS QUESTION 12 —VEGETATION AND WILDLIFE Not applicable. No rare or endangered plants or animals inhabit this site. QUESTION 13 — WETLANDS Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. QUESTION 14 — WATER QUESTION 15 - SOILS QUESTION 16 - FLOODPLAINS QUESTION 17 -WATER SUPPLY , QUESTION 18 - WASTEWATER MANAGEMENT QUESTION 14 - STORMWATER MANAGEMENT Jan,-ary 23, 2007 Page 89 of € 59 For questions 19A -19E, A SFWMD (# 900326 -6) was obtained in 1990 and is currently being modified. QUESTION 20 - SOLID WASTE /HAZARDOUS WASTE /MEDICAL WASTE Not applicable. Will adhear to standard conditions. 9 I 10 Agenda 'f Ka. No_ 3C January 23, 2007 Page 90 of 159 PART IV. TRANSPORTATION RESOURCE IMPACTS QUESTION 21 - TRANSPORTATION For questions 21A -211, please refer to the "Substantial Deviation Analysis for a Development of Regional Impact" prepared by Metro Transportation Group, Inc. QUESTION 22 - AIR Not applicable. QUESTION 23 - HURRICANE PREPAREDNESS Not applicable. 17 n Item No.'Sr �!anuary 23, 29197 Page 91 of 159 PART V. HUMAN RESOURCE IMPACTS QUESTION 24 — HOUSING Al If the proposed development contains residential development, provide the following information on Table 1 for each phase of the development. Table 24.A.1 Number of Dwelling Units in the Development tis -` <; -i"'• :r':`s -.. r., dui .•.,.,. •.;t. « - ��u•�: ="^ �a:' 1",u: += 3i "ww Single (3 ) 0% - 0 Units W, uT IN,s, -I' Occupied D.U.s (SF Range $Ok - $Ok MF Range $Ok - $Ok ) 1 0 0 0 Source: rishkind and Associates, Inc. A2 What number and percent of lots will be sold without constructed dwelling units? What is the extent of improvements to be made on these prior to sale? No residential units are to be constructed as part of this development. A3 What will be the target market for the residential development (break down by number, percent and type, the number of dwelling units to be marketed for retirees, family, etc.) What portion will be marketed as a second or vacation homes? No residential units are to be constructed as part of this development. Table 24.A.2 Marketing Targets Jowce: I'tshVincl and Associates, Inc. (1) "Empty nesters" are typically full -time working individuals whose children are no longer living with them. "Retirees" are typically non - working individuals, and typically do not have children living with them. (2) "Famines" have school- age children, and typically work full -time. (3) "Singles" are unmarried persons 18 Empty Nesters/Retirees 0% - 0 Units Families cz 0% - 0 Units Single (3 ) 0% - 0 Units Jowce: I'tshVincl and Associates, Inc. (1) "Empty nesters" are typically full -time working individuals whose children are no longer living with them. "Retirees" are typically non - working individuals, and typically do not have children living with them. (2) "Famines" have school- age children, and typically work full -time. (3) "Singles" are unmarried persons 18 January 23, 2007. . Page 92 of 159 B1 Indicate and discuss the availability or projected availability of adequate housing and employment opportunities reasonably accessible to the development site. Housing opportunities should be described in terms of type, tenure, and cost range and location within the following circumscribed areas: adjacent, two miles, five miles, ten miles, and within the local jurisdiction or county. Employment opportunities should be described in terms of two digit NAICS code numbers located within the local jurisdiction with estimated distances or transit times to the development site. Table 24.B.1a provides a summary of the anticipated employment opportunities at the Pine Air Lakes DRI. Development of the DRI prior to the modification includes a total of approximately 790 employees associated with the 624,614 square feet of — - -retaif- space- and-2-9 -,48 -9 ezee a ice Brace ?t by cotnnnletion of the future phase of the Pine Air Lakes DRI, there will be an estimated 758 jobs associated with the retail and office space constructed as part of the phase. Table 24.B.1a Pine Air Lakes DRI Employment N-1 .q^Y^^ !yam. {�T •G'j.! i '+'. 44- 45,722, 7221 -7223 Retail (sq ft ) S . Ft. Jobs S . Ft. Jobs Permitted & Constructed 624,614 751 29,489 39 Future Phase 2006 -2009 375,386 628 45,511 130 TOTALS 1,000,000 1,379 75,000 169 Source: Hshkmd and Associates, Inc. Fishkind and Associates, Inc. evaluated the approved and existing DRIs to determine employment and impacts to the affordable housing supply during the buildout of the Pine Air Lakes DRI project. The employment associated with the DRIs is broken out by each phase of the Pine Air Lakes DM project and is located in Table 24.13. lb. Table 24.B.1b Existing DRI Employment Source: Fishkind and Associates, Inc. 19 .q^Y^^ !yam. {�T •G'j.! i '+'. 44- 45,722, 7221 -7223 Retail (sq ft ) 654,093 1,094 52- 55, 511, 5312, 621 Office (sq ft ) 580,686 1,936 22, 31 -33, 48 -49 Industrial (sq ft 240,000 300 622,623 Hospital beds 0 0 7211 Hotel (rooms) 541 487 Total 1,475,320 3,817 Source: Fishkind and Associates, Inc. 19 n a Item Na. 8 January 23; 2007 Pace 93 of 159 Fishkind and Associates, Inc. evaluates affordable housing demand generated internally by the project itself. If there is a marketwide shortage caused by other DRIs, the calculations will show this because demand from other DRIs is included in the calculations. However, it is only necessary that the project meet its responsibility for demand created by the project, so in calculating the project need or responsibility, the market wide shortage is "zeroed out" leaving only demand by the project when there is no other market supply available. If, when counting demand from other DRIs, there was excess supply in the market, then demand is netted against the excess supply to reduce the unmet affordable housing needs. Thus the net surplus /shortage is not a simple supply minus demand calculation because of how the demand from existing DRIB is treated. Fishkind and Associates, Inc. evaluated the affordable housing supply within the 10- mile/20- minute drive market of the Pine Air Lakes DRI using data provided by the Collier County Property Appraiser. Fishkind and Associates, Inc. uses the ECFRPC methodology in terms of taking the lesser of the 10- mile /20- minute radius at any one point. As part of the supply analysis, Fishkind and Associates, Inc. also removed units from the available supply that showed a reduction in a sales price from one historic sales price to the most recent sales price. Furthermore, units that were owned by a bank, had less than 400 effective adjusted square feet or did not have an effective adjusted square footage (assumed to be a lot sale) were also removed from the available market supply. Table 24.B.2a provides a summary of for -sale supply and the employee and existing DRI for -sale housing demand generated by the non- residential development completed in each phase of the project. This affordable housing analysis includes only the portion of the development that is planned as part of the modification of the Pine Air Lakes DRI. It is assumed that the affordable housing demand generated from the constructed square footage of the project has been absorbed into the market and that the remaining affordable housing demand from the project will result from the retail and office square footage associated with the modification of the DRI. Table 24.B.2a Pine Air Lakes DRI For -Sale Housing Demand Future Phase �'� rye `0.Vyii• ��� `. 04—�.1Det ot_ ��p'� 1 r� 1 IIS /r3 �►� . �, ems_ =� C .u'`�ty Very Low (under $31,650) 1.890 301 86 1,503 Low ($31,650 - $50,639) 5,694 467 100 5,127 Moderate ($50,640 - $75,960) 6,537 524 59 5.982 Source: Fishkind and Associates, Inc (200_). 20 Agenda tom'No. SC January 23; 2007 Page 94 of 159 As shown in Table 24.B.2a, there are estimated to be 1,890 units within the 10- mile/20- minute market which qualify as very -low income households; 5,694 units which qualify as low income households; and 6,537 units which qualify as moderate income households for sale during the 3 -year period of the future phase of the Pine Air Lake DRI. Broken down annually, there are expected to be 640 units within the 10- mile /20- minute market which qualify for very-low income households; 1,898 units which qualify for low income households; and 2,179 moderate income units for sale. Tables 24.B.3a provides a summary of the employee for -rent housing demand generated by Phase 1 of the Pine Air Lakes DRI in the 20- minute market. Table 24.B.3a Pine Air Lakes DRI For -Rent Housing Demand Future Phase �^`.a:SL".�:..0 43f�1f+ �T�'1f �11'��J( (1�1 �.( Y' f 4b-r ';y[ ..ff .:.r iF i '140 141 ll�.nin �f•�.ii.L''f .q^'L,s�'.S� \�5. �d.f4gP SFF', 61j {r '. g I �'N.Y L"... Source: Fishkind and Associates, Ine (2005). As shown in Table 24.B.3a, there are estimated to be 3,018 units within the 20- minute market which qualify as very -low income households; 1,407 units which qualify as low income households; and 459 units which qualify as moderate income households for rent during the 3 -year period of the future phase of the project. Broken down annually, there are expected to be 1,006 units within the 10 -mile market which qualify as very-low income households; 469 units which qualify as low income households; and 153 units which qualify as moderate income units for rent during the future phase. Fishkind & Associates used census 2000 vacancy rates by occupancy status and the distribution of rent asked for vacant rental units in Collier County to estimate the percentage of rental household demand generated by the Pine Air Lakes DRI 20- minute market. According to the 2000 census there were 144,536 total housing units in Collier County, of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier County were assumed to be vacant for -rent. This ratio of vacant for -rent units to total housing units for Collier County is then applied to the total number of housing units in the 20- minute radius to get an estimated number of vacant for -rent units in the 20- minute radius. With 88,041 total housing units in the 20- minute radius, the total number of vacant for -rent units is approximately 2,033. The percentage of Collier County vacant for -rent units at each price point is then calculated and the resulting ratios are applied to the total number of vacant for -rent units in the 20- minute radius to determine the supply of vacant for -rent units at each 21 January 23,' 2007 Page 95 of 159 price point. To remain conservative, partial units are rounded down to the nearest whole unit resulting in 2,024 vacant for -rent units distributed across the range of price points. This figure represents the total number of vacant for -rent units available annually. Therefore, the total number of units per phase at each price point is equal to the total number of vacant for -rent units at a given price point times the number of years in the phase. It is expected that there is an adequate supply of housing to accommodate the for sale and for -rent affordable housing needs in all phases of the project. The complete affordable housing tables and methodology are provided in Appendix 24. B2 Please describe the locations of employment centers where residents of the project are likely to work, given their expected income profiles, ages, family makeup and other pertinent factors. Travel routes, travel times, and commuting costs should be discussed, as well as the possibility of transportation by means other than the private automobile. Employment opportunities should be described in terms of two -digit SIC codes for jobs located within the project, within the local jurisdiction, within adjacent jurisdictions and the County, and within neighboring counties, as appropriate. No residential units are to be constructed as part of this development. C. If displacement or relocation of existing residents will occur due to the proposed development, identify the number of people that will be affected, any special needs of these people, and any provisions for addressing the effects of the relocation or displacement of these people, particularly in regards to their ability to find suitable replacement housing. 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Sc January 23, 2007 Pane 103 of 1 59 Pine Air Lakes DRI Affordability for Very Low, Low, and Moderate Income Households - Phase 1 RENTER - OCCUPIED HOUSING VERY LOW INCOME:$31,650 X (0.3) = $9,495 � 12 = < $791 / Month Number of Bedrooms Utility Allowance Maximun Rent LOW INCOME:$50,639 X (0.3) = $15,192 * 12 = < $1,266 / Month Number of Bedrooms Utility Allowance Maximun Rent Utilities Included Utilities Not Included Efficiency $37 < $791 < $754 1 Bedroom $51 < $791 < $740 2 Bedroom $66 < $791 < $725 3 Bedroom $80 < $791 < $711 4 Bedroom $102 < $791 < $689 LOW INCOME:$50,639 X (0.3) = $15,192 * 12 = < $1,266 / Month Number of Bedrooms Utility Allowance Maximun Rent MODERATE INCOME:$75,960 X (0.3) = $22,788 + 12 = < $1,899 / Month Number of Bedrooms Utility Allowance Maximun Rent Utilities Included Utilities Not Included Efficiency $37 < $1,266 < $1,229 1 Bedroom $51 < $1,266 < $1,215 2 Bedroom $66 < $1,266 < $1,200 3 Bedroom $80 < $1,266 < $1,186 4 Bedroom $102 < $1,266 < $1,164 MODERATE INCOME:$75,960 X (0.3) = $22,788 + 12 = < $1,899 / Month Number of Bedrooms Utility Allowance Maximun Rent 30 Utilities Included Utilities Not Included Efficiency $37 < $1,899 < $1,862 1 Bedroom $51 < $1,899 < $1,848 2 Bedroom $66 < $1,899 < $1,833 3 Bedroom $80 < $1,899 < $1,819 4 Bedroom $102 < $1,899 < $1,797 30 Ur-LD � o Ln C) r N Q cli -I- C O N m C @ Q 0 � Q L i Ln r= t- M 00 Ict 'IY O (O O M CP V O O) O N 0 N h h M 0 0 O M C 'cY SO M h V 'Q' M O N M M 0 M h w O N O N cl LA M Q 0 M N CO (`') O CC 01 7 0 M `C "I M N V 0 O C LC> O Ln N O (O Lo O tD et N (��) V0�Q0 t0O W MnCMO M 000 Mp 0D) Ln OM Oran O O M M h- O/11r Olh V tVM d 69 69 69 69 64 69 69 tH 496H 696949__ONF _M 4r V_h hCD hLA__O OMO N O E 6969 f9 Vf 69696464W 1, EA 496969 fo H6N9H�6N'9 foN9 �6N9 O O m = O C O h 0 O O_ OO MOaD LC) M Lo N L, LC')t. 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LL Q M M n M N m N m r� N ND N O m V CCVV r n N N N r N WIN I m N 7 G r h m � N N O LL C M N N r N •- N N r N N r H r m N r N r N N r r N N r M r r r N O r 0 0 0 r U � W O A n m m m M m m M m n U 9 r 2 E m I°L O m N a �m W � a o_ j m N N m W �a Y LL W J `1 N n N m fp m a�LL Q m m N Q !sg tl`c� J N D x m L O m m M m N m N N m m O 9 � E o � m � NO W L N�a Q z N O M m M A n H A N� N p Mp N� m O tD P N A N V1 N r A b A M N�mm01 v'm �nami NANNN�OMe mA romp �inponn n'1°.10 N m 1l1 r m M M N Q m S A O N M M m M Q P M N N N 0 m 2 s m m N N P W N� n N m N m m N' NIA�1D tD' N n 1n 1n 1D M r r m m m O N m 0 0 0 tp r N O r p .- P m r O r M M N I` N N VI n m IA N n m 0 1W M O C INN r M r M N r N M r (p p N N N � W — O E m op m m L m a XX cn L W d a Np� rt —>`h' OMiNO mn O[m'1 Q1 Omi (Ap �m MtmOMpr a �m Chao' MuNi� O� OM NmlcNitim m G N 4 N r M N r N M n MNN N N m m j S y r O x $ O O mm N 11 U— r m M m N 0 N m m MIN N O N m A N m' T > m fA G~ m r r N M N N m N P N N N r 9 o T O p 0 0 0 0 0 0 0 0 0 0 0 0 0 p p P' m N m N po tp C C V LL W � m �z OLL Q tp m �p yP P N M n m N N 0 � Qmi m Nm � N OI DNi n o m 1A tt N ON CI1 Q m m m h (P'1 Q PAN IM�I (NO r V o m r r m O MNN M O N N Nl � A p Np O N - N M T P M Dt m PpOP M 11'1 m M ti N N H N H y N M N N M M H M M H N H N N J N N r m n r M m P P N M m r N P m M A N N— N M A M m A P O O mm p r M N N r m N m Q Y1 n n y N O r m M P P c�pp M A P P OI O N m O m YA'J O fD Q N m UO Nm mM Pm n Am M m N P tDNP PDi_N Pm �O Q E ye we„i rem ci�5�ci ui o m aM u>a mmnn mNm No off' 1%i'�vul ~�mr°`'roamooloANNO1 2 I 2 N w w� w w N N N �aIN N N M M Pine Air Lakes DRI Rental Units in the Supply Area Occupied Housing Units (Census 2000) Owner Occupied 77,829 53.85% Renter Occupied 25,144 17.40% Vacant Units 41,563 28.76% Vacancy Status (Census 2000) Total Vacant Units 41,563 28.76% Rental Units 2,616 1.72% 34 a enem lfem, "io. January 23, 2007 Page 107 of 139 Agenda.ltem No, 8C• M. January 23, 2007 Page 108 of 159 Pine Air Lakes DRI Rental Unit Estimates by Rent Asked 35 Units Annual Expected (Census 2000) Distribution Rental Units Less than $100 18 0.69% 14 $100 to $149 11 0.42% 8 $150 to $199 18 0.69% 14 $200 to $249 21 0.81% 16 $250 to $299 44 1.69% 34 $300 to $349 18 0.69% 14 $350 to $399 35 1.35% 27 $400 to $449 93 3.58% 72 $450 to $499 111 4.27% 86 $500 to $549 164 6.31% 128 $550 to $599 132 5.08% 103 $600 to $649 152 5.85% 118 $650 to $699 104 4.00% 81 $700 to $749 235 9.04% 183 $750 to $799 202 7.77% 157 $800 to $899 187 7.19% 146 $900 to $999 114 4.38% 89 $1,000 to $1,249 281 10.81% 219 $1,250 to $1,499 75 2.88% 58 $1,500 to $1,999 141 5.42% 110 $2,000 or more 444 17.08% 347 TOTAL 2,600 100.00% 2024 35 ftc „ Hb, 8 Jan Mary �2. 2097 PaNa 1`c: of 159 QUESTION 25 - POLICE AND FIRE PROTECTION Not Applicable QUESTION 26 - RECREATION AND OPEN SPACE Have met the requirements of the Collier County Land Development Code. QUESTION 27 - EDUCATION Not Applicable QUESTION 28 — HEALTH CARE Not Applicable QUESTION 29 - ENERGY Update conditions as necessary QUESTION 30 - HISTORICAL AND ARCHAEOLOGICAL SITES Not Applicable PART VI. SPECIFIC DRI INFORMATION QUESTION 31 - AIRPORTS Not Applicable QUESTION 32 - ATTRACTIONS AND RECREATION FACILITIES Not Applicable QUESTION 33 - HOSPITALS Not Applicable QUESTION 34 - INDUSTRIAL PLANTS AND INDUSTRIAL PARKS Not Applicable QUESTION 35 - MINING OPERATION Not Applicable 36 A da :6 fte' fits. 8C w January 23,.2007 ` Page 110 of 159 QUESTION 36 - PETROLEUM STORAGE FACILITIES Not Applicable QUESTION 37 - PORT AND MARINA FACILITIES Not Applicable QUESTION 38 - SCHOOLS Not Applicable 37 RPM- BSP -ADA -1 Ager.1da Stem No. 9'� January 23. 2007 Page 111 of 150. i FISHKIND & ASSOCIATES Kk 1b Kk sk MEMORANDUM TO: Cormac Giblin Collier County Housing and Urban Improvement FROM: G. Russell Weyer Senior Associates SUBJECT: Pine Air Lakes Affordable Housing Resolution DATE: May 12, 2006 VIA: E -Mail Cormac: Attached is the most recent run of our affordable housing demand model for the Pine Air Lakes DRI deviation where they are requesting an additional 118,000 square feet of commercial space. The demand totals 78 units of which 64 would be for sale demand and 14 would be for rent demand. Our analysis has determined that the combined supply of for -sale and for -rent units is 2,472. We have reviewed the data in detail during this final model run to ensure that only arms - length transactions were used in this process. As we discussed over the telephone, you indicated that you agree with our demand analysis. Even though we have determined that there is enough supply to absorb the demand coming from this additional square footage, the applicant is willing to pay $1,000 per unit for the 78 units to mitigate the demand coming from the additional square footage. We would like to know when that amount is due. When we originally talked about the per square foot fee to mitigate the affordable housing demand, you mentioned that the amount due would be due upon certificate of occupancy. Does that hold true for this mitigation and how is it calculated? Do we convert the new amount to a square footage number and it is paid like the other mitigation calculation? Please advise. Also, please advise as to how the remainder of the procedure will take place. Agenda item No. 3C January 23, 2007 Page 112 of 159 If you are in agreement with this mitigating offer, please indicate by signing below and returning a copy for our files. We appreciate your assistance with this matter. * Notes- The Collier County Board of County Commissioners will always make the final determination as to what amount of mitigation is accepable to the County. The $1,000 per unit mitigation amount is equivelent to what has been accepted by the County in the past by way of volutary donations. Paymet of the mitigation amout shall be made no later Than building permit issuance. If more than one permit is invloved then it may be prorated on a square foot baisis. Signed: Name: Cormac Giblin County Division: Housing and Grants Section Title: Housing and Grants Manager Date: 5/24/06 aenda Item January 23. 2007 REV. 2 Page 113 of 1 59 ` DOA - 2005 -AR -8543 PINE AIR LAKES PUD (DR[ -84-5) PROJECT # 1999003 8 DATE: 7/21/06 KAY DESELEM (COMPANION ITEM: PUDZ -A- 2005 -AR -8550) The Fiscal and Economic Impacts of the Pine Air Lakes DRl Substantial Deviation on Collier County September 30, 2005 Prepared By: Fishkind & Associates, Inc. 19869 High Tech Avenue Orlando, Florida 32817 407 - 380 -5225 http://www.fishkind.com Agenda iten _Nb: nC January 2 2O0 _ Page 114 of 159 Executive Summary The Pine Air Lakes DRI ( "the Project ") is a commercial development in Collier County ( "County ") near the corner of Pine Ridge Road and Airport Pulling Road. At build -out, the Project will consist of approximately 75,000 square feet of commercial office space and nearly 1,000,000 of commercial retail space. Since 397,218 square feet of commercial office and retail space has already been constructed on the site, the Consultant calculated the fiscal results on the remaining 677,762 square feet of space remaining to be constructed. The primary purpose of the development is to provide a wealth of commercial opportunities within a centrally located activity center. The Project pays for itself in terms of fiscal impacts to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impacts to the County. For the School District, the Project provides a net present value capital benefit of $32.2 million. _. Table 1. Net Fiscal and Economic Impacts of the Project Collier County, Net Total Fiscal Impact $3,922,544 Collier County, NPV of Total Fiscal Impact $2,660,517 Total ad Valorem Revenue for Collier County $1,947,717 Collier County School District, NPV of Capital Impact $537,884 Average Annual Economic Output in Local Economy at Build Out $197,126,731 Average Annual Economic Output in Local Economy during Construction $128,813,361 Total Direct and Indirect Employment Impacts at Build Out 6,784 There is also a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 6,784 jobs at build out. Direct and indirect total output or sales within the area is expected to average $143,206,936 each year at build out. Direct and indirect employee earnings are forecasted to average $53,919,795 each year at build out. These are very substantial fiscal and economic contributions to the local economy that will benefit the County in a positive way. The bottom fine is that the Project will be a revenue generator to the County for many years to come by increasing the overall taxable property base and providing an economic stimulus for the area. Pine Air Lakes DRI Fiscal Impacts Page 2 of 1'{ Agenda h6m .No .8C January 23, '2007 Pape 115 of 159 1.0 Introduction 1.1 Background The Pine Air Lakes DRI ( "the Project ") is slated to be a mixed -use development located in Collier County ("the County"), Florida. At build - out, the Project will consist of approximately 75,000 square feet of commercial office space and nearly 1,000,000 of commercial retail space. 1.2 Assignment Fishkind & Associates, Inc ( "the Consultant ") has been contracted by Landon Group South, Inc. ( "the Client ") to conduct a fiscal and economic impact analysis to determine the impact of the Project's remaining square footage on the County and the Collier County School District. 2.0 Development Schedule Table 2 displays the commercial development schedule for the Project. The Project's remaining square footage will consist of commercial office space and retail /entertainment space. Table 2. Commercial Development Schedule (Future) Year Commercial Retail / Total Office Entertainment 2006 16,000 288,584 304,564 2007 45,511 306,604 352,115 2008 0 33,572 33,572 Total 61,511 628,760 690,277 Pine Air Lakes DRI Fiscal Impacts Page 3 of 11 3.0 Fiscal Methodology 3.1 Introduction 3.2 3.3 Agenda ttern,No. 8C January 23, 2007 Page 116 of 159 The Consultant has developed a Fiscal Impact Analysis Model (FIAM) under contract with the Florida Department of Community Affairs ( "DCA "). FIAM is designed to serve as the prototype fiscal and economic assessment tool for local governments in Florida. DCA has continued contracting with the Consultant to further refine and develop FIAM. Currently, FIAM Version 5.0 is available for use in Florida. Version 7.0 is currently being developed. Recently an Urban Land Institute Pane ( "ULI ") provided a peer review of FIAM on behalf of DCA. The ULI panel was very complementary, made recommendations for further improvements, and endorsed FIAM for use in Florida. DCA is continuing its contracting with the Consultant for FIAM and DCA is planning for the implementation of FIAM statewide. FIAM provides estimates of the costs and revenues to local governments associated with their land use decisions. FIAM examines both the long range and near term impacts and it provides estimates for the effects of land use decisions on both the operating budget and the capital budget of the local government. FIAM is suitable for conducting analysis of individual projects, development corridors, and entire comprehensive plans. FIAM has been used for fiscal impact analysis in thirty -six Florida communities. Fiscal Impact Analysis Model Calibration The FIAM model used in the development scenario has been calibrated based on the latest adopted budget and demographics for the County. County staff has been contacted in order to gather accurate and current information regarding the demographics of the County. In this way, FIAM is properly calibrated to reflect the specific environment of the County with its unique budget and characteristics. Furthermore, FIAM also includes ten years of budgetary history for the County. This provides the base for FIAM to project inflation rates over the long term. Modified Per Capita Method Local governments receive revenues from the land, development and the activities of their populations of residents, workers and visitors. The major portion of these revenues is in the form of taxes (Property Tax, Sales Tax, Gas Taxes, Utility Taxes, Resort Tax, etc.) and fees, assessments and charges for service (permits, impact fees, waste collection and lighting assessments, etc.). Pine Air Lakes DRI Fiscal Impacts Page 4 of 11 ;gendad em No, 8C January 1-3, 2007 Page 117 of 159 Local governments also render services to all residents, to all who are working in the County, and to all visitors to the County. Therefore, on the cost side of the equation, cities incur costs to provide services to residents, those employed in the County, and to visitors. At some point during a 24 -hour period, a resident may become a person employed in the County, and then later in the day may be a resident again. To such an individual, the County has rendered services for a full 24 hours. Other residents may leave the County to work in another County, In this case, the County only provides services to that person when they are physically in the town. For those workers that do not live in the County, services are only provided to those workers when they are in the County. Finally, visitors receive service during the whole time period of their visit, but obviously not when they leave. To properly measure the services provided to each of these groups, a weighting procedure is needed that reflects the duration of time each group is resident in the County. This calculation provides us with the full - time equivalent (FTE) population, employees and visitors. For both residents and workers, a working period assumption of 2,000 hours per year is applied. In this way, the fiscal impact of the FTE residents, employees and visitors can be properly identified. A variety of methods exist for quantifying the revenue and cost impacts flowing from a development opportunity such as the one presented here. The approach used in this FIAM is the modified per capita approach. When possible, the revenues and expenditures that can be identified from the subject population(s) are directly estimated or calculated. For this project, ad Valorem and impact fee revenues were calculated using current millages and fees. The remaining cost and revenue categories were estimated based on modified per capita estimates. The modified per capita approach involves the calculation of revenues using the latest published budgets for the appropriate population basis (i.e. per person, per employee, per tourist, per student). From an economic perspective, this is equivalent to assuming that average revenue generation applies to the particular situation being evaluated. This is a reasonable assumption in most cases for two reasons. First, local governments must run balanced budgets, so that current costs and current revenues balance and are appropriate for current circumstances. Second, using long run averages also means that any excess capital is maintained in the various systems and not allocated to the project. Furthermore, there is nothing peculiar about the location or the type of this particular project that indicates that per capita parameters estimated from the latest budgets would not be reflective of actual costs and revenues. Pine Air Lakes DRI Fiscal Impacts Page 5 of 1 i Agenda /tern No.. 8C January 23, 2007 Page 118 of 159 The numerator for each cost or revenue item is the cost or revenue shown in the County's budget. The denominator depends upon the type of cost or revenue. Each category of cost and revenue was examined to determine the impact of population and/or employment (businesses). Then each category was divided by the appropriate divisor (FTE population; FTE population + FTE employment) to yield the average per capita revenues and expenditures for all budget categories. The arithmetic is shown below. Revenue FTE Population + FTE. Employees 3.4 Fiscal Impact Calculations Per Capita The FIAM model utilizes the most recent Collier County annual budget with projected revenues by source and expenditures by function. Property taxes are calculated using the increase in taxable property value applied to the appropriate millage rates. Most of the other budget revenues and expenditures are calculated using the per capita methodology. The per capita numbers used are the full -time equivalents (FTE) residents and employees calculated using The University of Florida data and Fishkind estimates of employment. The revenues and expenditures are calculated by multiplying the FTE residents and employees by the per capita revenue and expenditure amounts from the budget. The County averages are used to maintain a conservative methodology. The per capita calculations for the County's budget were calculated using revenues and expenditures from the budget's General and Special Revenue Funds. The revenues and expenditures from these funds were divided by the County FTE Population plus the County time. Any voted taxes are assumed to be reaffirmed once their current FTE employment to provide the per capita amount. Human Services and Parks and Recreation typically have only the population as the denominator. These Budget per capita amounts are then multiplied by the number of new FTE residents and FTE employees and FTE visitors in order to generate the projected revenues and expenditures found in Appendix Table 4. Certain non - revenues and non - expenditure items are not included as they are not applicable to the incremental change in population. Pine Air Lakes DRI Fiscal Impacts Page 6 of 11 3.5 3.6 ,gems. :ltetrn No. 8�D January ?". 2007 page 119- of 109 Assumptions Appendix Table 1 contains the basic data, assumptions and sources used in the County fiscal impact model. These are provided for completeness and allow for the replication of our results. Collier County School District Methodology The FIAM provides the Project's impact on the School District's capital revenues and expenditures. The Capital Projects Fund contains ad Valorem revenues and impact fee revenue. The ad Valorem revenues were calculated by multiplying the taxable value times the capital millage rate. This methodology provides a good indication or whether or not the development covers the capital costs of the School District. However, it does not calculate the School District's actual cash flow. 4.0 FIAM Results 4.1 Fiscal Impacts of the Project on Collier County The FIAM forecasts the fiscal impact of the Project on the future revenues and expenditures for the County based upon the County's budget. The total values look at the aggregate value associated with the development of the project and are simply the sum of the annual revenues, expenditures, or net impacts generated from the project at build out. The net present value ( "NPV") calculation displays how much a future investment is worth in today's dollars. The NPV formula takes the annual revenues, expenses, or net impacts and discounts them by a present value factor of 10% a year for 3 years. NPV is a common tool used by the public and private sectors to gauge a project's net effect on operations and capital in order to make sound business decisions. NPV assumes a person can take their money and invest it elsewhere for a given rate and then discounts each future year's cost or revenue by that rate in order to compensate for what could have been received on the money in the alternative investment. Once each annual amount has been adjusted, the values are summed in order to obtain the net present value of the future costs or revenues. Next, by deducting the expenses from the revenues, a net operating and capital present value impact can be determined. The project's overall NPV is calculated by summing the net capital impact and the net operating impact. A positive NPV indicates a good investment. The greater the number, the greater the positive impact the development will have on the County. Projects with overall negative NPV's should be avoided. Table 3 presents the results of the fiscal impacts calculated by the FIAM. Pine Air Lakes l Fiscal Impacts Page 7 of 11 Agenda Item No. 8C January 23, 2007 Page 120 of 150 Table 3. The Fiscal Impacts of the Project on the County Total Present Value Total Operating Revenue $3,802,744 $2,515,708 Total Operating Cost $610.466 $561,104 ---- - - - - -- ---- - - - - -- ---------- ---- - - - - -- Net Operating Impact $3,192,279 $2,107,879 Net Operating Impact (Revenues @ $2,422,199 $1,594,655 95 %) Total Capital Revenue $8,433,691 $5,985,987 Total Capital Cost $6,933,346 $4,920,125 Net Capital Impact $1,500,345 $1,065,862 Net Fiscal Impact (Revenues @ 95 %) $3,922,544 $2,660,517 By removing the capital lines from the budget, the FIAM determines both capital and operating revenues and expenditures. The operating revenues generated from the development of the project are the sum of each revenue source the County would receive based on the development schedule. The Project supplies the County with a total of $1,947,717 in ad Valorem revenues through build out. Total operating revenues to the County associated with the Project are $3,802,744. The NPV of the operating revenues is $2,515,708. Operating revenues consist of such items as ad Valorem tax revenue, occupational licenses, building permits, utility taxes, state revenue proceeds, charges for County services, etc. Operating expenses are the County's costs for such items and services as financial and administrative expenses, emergency and disaster relief, legislative and executive expenses, and comprehensive planning. The total operating expenses are $610,466 with an NPV of $561,104. Approximately 50% of all operating expenses associated with the Project are related to police control. By subtracting operating expenses from operating revenue, a net operating impact can be calculated. Theoretically, the County will receive 100% of the net operating impact. However, the State mandates that municipalities budget based on 95% of projected revenues. The net operating impact at 95% of revenues is $2,422,199. The NPV of the net operating impacts at 95% of revenues is $1,594,655. Total capital revenues are $8,433,691 for an NPV of $5,985,987. These capital revenues are generated by the sum of all impact fees collected from the buildings that will be constructed onsite. Pine Air Lakes DRI Fiscal Impacts Page 8 of 11 !L.gs -nda it? n No. 8C !anuary `13. 2007 PaciA It 21 of 159 Capital expenditures are generated by how the future land use impacts the County's existing capital structure. Total capital expenses are $6,933,346 for an NPV of $4,920,125. Capital expenses include the capital costs related to roads, fire rescue, law enforcement, etc. For example, a capital cost for the Sheriffs Department would be the purchase of a new vehicle or any new construction or improvements made to existing buildings in order to serve the Project. A net capital impact can be created the same way a net operating impact was calculated. By subtracting capital expenses from capital revenues, the total net capital impact is $1,500,345. The NPV of the capital impact is $1,065,862. Finally, by summing the values for the net capital impact and the net operating impact, an overall net total impact at 95% of revenues can be calculated. The total fiscal impact of the project to the County is $3,922,544. The total NPV impact to the County is $3,173,740. This is indicative of a Project that pays for itself in terms of both operational and capital impacts. The fiscal results by year and by type are presented in Appendix Table 2. 4.2 Fiscal Impacts of the Project on the School District Since this Project is comprised of commercial office and commercial retail /entertainment, it will create some fiscal impacts for the School District primarily through operating and capital ad valorem tax revenues. Table 4 shows the operating and capital impacts of the Project. Table 4. Operating and Capital Impacts for the School District Ad Valorem Operating Revenues $1,215,348 Ad Valorem Capital Revenues $610,466 The total operating school ad valorem revenues produced by the Project through build out are $1,215,348. These revenues are generated by multiplying the total operating millage by the increase in taxable property values due to the development of the Project. The majority of this revenue is collected and redistributed to the State's school districts based on the number of students and spending needs. Thus, the likelihood of the School District experiencing a windfall or shortfall due to the new development is negligible. Pine Air Lakes DRI Fiscal impacts Page 9 of 11 Agenda Item No. 8C January 23. 2007 Page 122 of 150 The Project will also produce ad valorem capital revenues for the School District, as shown in Table 4. The total NPV capital ad valorem taxes generated by the increased taxable values of property in the County are $537,884. The Project pays for itself in terms of impacts to the School District with a $1,057,428 NPV benefit for the District. 5.0 Economic Impacts of the Project The proposed Project will contribute greatly to the local economy. A new development creates not only fiscal impacts, but also economic impacts. Direct economic benefits are the result of people purchasing goods or services from a business. For example, a person buying a new car from a dealership creates a direct impact on the economy. Indirect economic benefits are created by a `ripple effect' through the economy. For example, if enough people buy new cars from dealership, the owner must then hire more clerical workers, salespeople, mechanics, etc. These workers in turn purchase additional goods and services in the local municipality, thus further impacting the economy. Appendix Table 3 contains the detailed economic impacts of the Project. Table 5. Economic Impacts of the Project (Future Development) Total Direct Impact Jobs 4,682 Total Indirect Impact Jobs 2,102 Average Annual Economic Output/Sales at Build Out $143,206,936 Average Annual Employee Earnings at Build Out $53,919,795 Table 5 summarizes the economic impacts of the Project. A total of 4,682 jobs are forecasted to be created directly onsite. Indirect impacts create another 2,102 jobs in the local economy at the Project's build out. Total output in the local economy is forecasted to reach $143,206,936 on average each year at build out. Total employee earnings will average $53,919,795 on average each year at build out. These numbers are indicative of a project that provides an economic stimulus to its surrounding areas. Pine Air Lakes DRI Fiscal Impacts Page 10 Agenda item No. 8C January 23, 2007 Page 123 of 159 5.0 Conclusion Based on the economic and fiscal impact summarized above, the County and the School District will benefit greatly from the development of the Project as proposed. Table 6 below summarizes the total fiscal impact of the Project's remaining square footage. The total net impact provided to the County due to the development of the Project's remaining square footage is $3,922,544. The NPV of the Project's impact to the County is $2,660,517. In addition, the project contributes $537,884 in NPV capital dollars to the School District. Thus, as Table 6 below demonstrates, the additional development will not only pay its own way in terms of County services and impacts on facilities, it will generate a sizeable fiscal surplus. The surplus revenues can be used by the County for any purpose, including roads, public buildings, or park construction. Table 6. Net Fiscal and Economic Impacts of the Project (Future Development) Collier County, Net Total Fiscal Impact $3,922,544 Collier County, NPV of Total Fiscal Impact $2,660,517 Total ad Valorem Revenue for Collier County $1,947,717 Collier County School District, NPV of Capital Impact $537,884 Average Annual Economic Output in Local Economy at Build Out $197,126,731 Average Annual Economic Output in Local Economy during Construction $128,813,361 Total Direct and Indirect Employment Impacts at Build Out 6,784 There is also a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 6,784 jobs at build out. Direct and indirect total output or sales within the area is expected to average $143,206,936 each year at build out. Direct and indirect employee earnings are forecasted to average $53,919,795 million each year at build out. The ultimate conclusion is clear. From a fiscal and economic viewpoint, the County and the School District will benefit greatly from the Project's development. Pine Air Lakes DRI Fiscal Impacts Page 11 of 11 Agenda item No. 8C January 23, 2007 Page 124 of 159 Appendix Table 1 - FIAM Input Assumptions Taxable Assessment Ratio 92%. Homestead Exemption $25,000 • Single- Family with Homestead 68% • Multifamily with Homestead 17 %. Property Tax Ad Valorem Millaae General Fund 3.8772 Mills Unincorporated 0.8069 Mills Fire & EMS (Golden Gate Fire District) 1.0000 Mills Water Pollution Control & Conservation 0.2847 Mills Mills Population (total) 291,902 (Fl Population Studies, 2003) Equivalent Full Time Factor Eouivalent Population - Working Residents 114,960 0.7619 87,568 Population- Non - Working Residents 176,942 1.0000 176,842 Population (peak season) 356,028 288,202 City Employment (total) 114,960 0.2381 27,372 (State of Florida ES -202, 02, 2003) City Labor Force Participation Rata 3g,38Y County Population (unincorporated) 254,255 1.0000 254,255 (PI Population Studies, 2003) 2005 2M 2007 20008 2009 Persons per Household - Single Family3 ' 2.39 2.39 2.39 2.39 _. Persons per Household - Multifamily 1.79 1.79 1.79 1.79 1.79 (Fl Population Studies, 2003) Total Households County 113,664 (Fl Population Studies, 2003) Allocation of Po ulation (U.S. Census Bureau, 2000) 6: (U.S. Census Bureau, 2000) S (U.S. Census Bureau, 2000) Seasonal Units (not rentals) 35,217 (US Census, 2000) Employment Assumptions Pro ect Office 1 -Story 300 sq. ft. per employee Office Class A 350 sq. ft, per employee Office Medical 250 sq. ft. per employee Retail - Neighborhood 598 sq. ft. per employee Retail - Community 598 sq. ft. per employee Retail - Regional 598 sq. ft. per employee Restaurant -Sit Down 450 sq. ft. per employee Restaurant-Fast Food 100 sq. ft. per employee Hotel 0.5 employees per room Industrial 2,500 sq. ft. per employee Warehouse 5,000 sq. ft. per employee Golf Course 40 per 18 -hole course Clubhouse 800 sq. ft. per employee Specialty Recreation 10 per unit ACLFINursing Home beds 1 per bed Institutional/Government (sq ft) 300 sq. ft. per employee Hospital (per bed) 3 Agriculture/Forestry 25 per 1,000 acres Maximum Annual Inflation Rate - Budget Minimum Annual Inflation Rate- Budget Maximum Difference in Inflation Rates - Budget r:.v l'_^a !ten-' N.D. 8C January 23, 2­007 � Page 125, of 153 2008 110.0% of long -term total average 50.0% of long -term total average 2.50% Average rate for costs v. revenues Input Property Safes Value Assumptions for New Units: Multifamily -For Sale Condo Project Data Vacant Acreage (Developer) Single - Family - Low Range (Developer) Single - Family - Mid Range (Developer) Single - Family - High Range (Developer) Single - Family - Special (Developer) Multifamily -For Sale Condo (Developer) Multifamily -For Sale Townhouse (Developer) Multifamily -For Sale Other (Developer) Multifamily - Rental Apartments/TH (Developer) Multifamily -ACLF /Nursing Home beds (Developer) Multifamily - Rental Other (Developer) Mobile Home $30,000 (Developer) Vacant Commercial Acres $100,000 (Developer) Office 1 -Story ( sq.ft.) $210 (Developer) Office Class A (sq.ft.) $240 (Developer) Office Medical ( sq.ft.) $200 (Developer) Retail- Neighborhood $220 (Developer) Retail- Community $220 (Developer) Retail - Regional $220 (Developer) Restaurant - Sit Down (sq.ft.) $220 (Developer) Restaurant - Fast Food /Drive thru $240 (Developer) Institutional/Govemment $0 (Developer) Hotel (per room) $100,000 (Developer) Vacant Industrial Acres $100,000 (Developer) Industrial (per sf) $75 (Developer) Warehouse (per sf) $50 (Developer) Golf Course (per acre) $25,000 (Developer) Golf Course (holes) $555,556 (Developer) Golf /Swim/Tennis Club (sq.ft.) $200 (Developer) Specialty Recreation (per unit) $5,000 (Developer) Agriculture /Forestry (acres) $5,000 (Developer) Mobile Home /RV Park, Parking Lot $4 (Developer) r1 w CD L.r) o �- _o N N 'p C C6 N � o` Cm 4 y g w N N N O WD O O O p � w www{Nq N Sti W v n n n n h n N W Q7 W W p .-wwww O y w Z V h h �� �� S T S O OSt0000 60 OO O p • r' A D ^ CI N N O O N N �p C Nq � Y wwww w 00 Q n n 117 f'iN qy h w � = G w w N w W Y 4 ' �''• � N O n N W N v q� � (i N � O ww 44HW y'w y w w d 7 m b m W N ap N N Z Q N Nv w V w w y q L a J FI R'1 W M 1A t�1 � R w•'w~ w r ww w w R IL ff7 f7pr� Tno ac coot W �nro f D Oi T O n b M N o0 W O t7 f w 0 � w W On ^ c m O N O O S S S 0 0 0 5 S S S O • w w w w �4y yy qyp w wwy Nw w N W O V C 2C b � J h f r ¢7 O M co N C� p n �f. e7 Oi ty o f O N tC r O� N W o a r N f G W 47 e n ID Y G7 h N N n 0 LD M tD l7 f N � W y H O O O D 00 00 v m 0 0 0 0 0 0 o O O 0 0 0 0 0 0 0 0 0 Cl 0 O O o > n o 0 0 �1Oi�''� o O c 0 0 0 0 o000000gg °o °o o° °o v N o Tq W L • N Li N Uri CD LO CD <- C R1 C z co E A L l'� C6 n c (0 a_ C U1 Q m rn v a m w m 0 U m O � d ¢ d y`m • �m v U � m O W �_ •m m � m p O U O $ .c m m tp C ErJ wco 000000 O? CI N W W W W N K N H W N U) O S!2 0 0 0 �nm r r�i vri w wwww m v n n n n r CI N N N N n N m m m tp O w N L V N m m m m W m o 0 0 0 0 0 0 � W W W W M W 0ogr�en OooS i°,�o 0 0 • t� !� r r �� N H N e e' m m m N t0 O N� ^ ^ n N N N N w w O O O r r M l7 l" ) N N N h O N N N t w N N w w w N N LL • e Nee �^ N m O N W �D m W to m m 0 r a � m P F N m ry r �+ NNHNKN a e n W N W N Cf m P) W W x w N w w a" N w w N w N W N N N N N N p w N ? N N Lu W N N N N p M N H N H N H H N K H N N N n C C O C o H c c n n$ o 0 0 v $ o o d m m n ^ J m � o E r N m m m E S 2• C °i T `o aoi o m n m m m m a• a m �_ d C D 7 a m V U« m O V L C C E e L• m 0 M PI � M S N m r W N u�i a C'1 g rn e O c 6 C mmgrmv fV < t+i H m�nNNro W n O .n- mc�•'�n � m Qi CO a C'i W 1� m y R N N H N N p N F m o o e m ° > o 0 0 0 0 o u g o 0 0 0 0 0 o o o o o 0 p o 0 0 e o 0 0 O1 ,Q aTr W �n nin 0 0 0 0 0 0 o c o 000000000 000 o p i H U cn c o n C C O C o H c c n n$ o 0 0 v $ o o d m m n ^ J m � o E r N m m m E S 2• C °i T `o aoi o m n m m m m a• a m �_ d C D 7 a m V U« m Agenda Item No. 8C, January 23, 20017 Page 128 of 159 INPUT FOR CAPITAL FACILITIES AND EQUIPMENT Input for Law Enforcement Capital Cost of New Fire Station Number of Patrol Deputies 353 (Shetilfs Department) Cost to Equip Patrol Deputy 25 Patrol VeNcle $18,488 (Sheriffs Department) Light Bar $1,000 (Sheriffs Department) Mobile Data Computer $3,632 (Sheriff's Department) Other 3,595 (Sherffrs Department) Subtotal ~$26,716 (Calculated) Average Life of Equipment for Deputy 5 Interest Rate for Financing Equipment 6.00% Cost for Entire Patrol Deputies $9,430,619 (Calculated) Annualized Cost Including Interest $2.238,795 (Calculated) Sheriffs 5-Year CIP 40,000 (Sheriff CIP Budget) Conecbons5 -Year CIP 2,968,000 Average Economic Life CIP Items 25 Interest Rate for Financing Equipment 6.00% Annualized Cost Including interest $214,702 Arnulaized Total Patrol Capital Cost $2,453,497 (Calculated) Total Calls for Service 400,000 (Sheriff's Department) Total Patrol Capital Cost per Call $6.13 (Calculated) Calls per Unit by Land Use Bookinos/ltnit Cost Single- family 0.0632 $88.42 Cost estimated based upon bookings per ur Multifamily 0.0404 06.52 Cost estimated based upon bookings per ur . Mobile Home 0.0061 $8.53 Cost estimated based upon bookings per ur Hotel/Motel per Room 0.0524 $73.31 Cost estimated based upon bookings per ur Commercial I Retail per 1,000 sq.fL 0.3053 $427.11 Cost estimated based upon bookings per ur Office per 1,000 sgJL 0.3707 $518.61 Cost estimated based upon bookings per ur Institutional per 1,000 sq.R. 0.0328 $45.89 Cost estimated based upon bookings per ur Warehouse I Storage per 1,01X1 sq.fL 0.0086 $12.03 Cost estimated based upon bookings per ur Manufacturing per 1,000 sq.fL 0.0086 $12.03 Cost estimated based upon bookings per ur Recreation 0.1566 $219.08 Cost estimated based upon bookings per ur Mobile HomeJRV Park, Panting Lot/acre 0.0328 $45.89 Cost estimated based upon bookings per ur Schools per 1,000 sq.fL 0.0328 $45.89 Cost estimated based upon bookings per ur Input FirelRescuelEMS Data: North Naples Fire District Capital Cost of New Fire Station $1,500,000 (File 6 Rescue Depenmenl) Average Economic t.tfe CIP Items 25 Interest Rate for Financing Equipment 7.00% Annualized Cost Fire Station $126,716 (calculated) Capital Cost of Engine $350,000 (Fl e a Rescue Department) Average Economic Life CIP Items 15 Interest Rate for Financing Equipment 7.0011. Annualized Cost Engine 3 Rescue Unit $38,428 (G cul8 Ed) Total Calls for Service - FIRE 4,347 (Fired Rescue Department) Number of Fire Stations 4 Average Cans per Station 1,087 (calculated) Average Capital Cost per Call $153.80 (calculated) Calls per Unit by Land Use - FIRE Calls Cost Single - family 0.270 $41.53 Multifamily 0.270 $41.53 Mobile Home 0.270 $41.53 Hotel/Motel per Room 0.030 $4.61 Commercial ! Retail per 1,000 sq.ft- 0,010 $1.54 Office per 1,000 sq.ft. 0.010 $1.54 Institutional per 1,000 sq.lt. 0.010 $1.54 Warehouse / Storage per 1,000 sq.ft. 0.010 $1.54 Industry per 1,000 sq.fL 0.010 $1.54 Recreation per 1,000 sq.fL 0.010 $1.54 Mobile Home/RV Park per acre 0.010 $1.54 Input EMS Capital Cost of EMS Rescue Unit Average Econorrac Life CIP Items Interest Rate for Financing Equipment Annualized Cost of Rescue Unit Total Calls for Service - EMS Number of EMS Vehicles Average Calls per EMS Vehicle Average Capital Cost per Call Calls tar Unit by Lend Use - EMS Single-family Multifamily Mobile Home Hotai/Molef per Room Commercial f Retail per 1,000 sq.fL Office per 1,000 sq,1L Institutional per 1,000 sq.fL Warehouse I Storage per 1,000 sq.ft. Industry per 1,000 sq.1L Recreation per 1,000 sq.fL Mobile HonWRV Park per acre Input Level of Service and Cost for LIBRARIES Single-family Multifamily Mobile Horne Hotel/Motel per Room Input Level of Service and Cost for PARKS Sirgledamily Multfamiy Mobile Horne HoteWmtel par Room ruvnva ;tern No. 8C January 23, 2007 P a a e 129 o` 15 0 $176,000 15 7.00•/6 $O (wlcWatedi 1 (may be came as FIRE above) 26 (may be came a FIRE above) $0.00 (,sicuwed) Calls Cos 0.270 $103.69 These costs taken from EMS Impact Fee update 6=00 0270 $93.03 0.270 $93,03 0.030 $37.61 0.010 $196.62 0.010 $83.13 0.010 $33.65 0,010 54.62 0,010 $40.91 0.010 $451.12 0,010 233.66 Tines Cosvurrt 0.43 per person $237.74 These costs taken from Library Impact Fee update 6!2000 0.63 per person $214.40 0.43 per person $214.40 per room $O Acres st/Uni 3.0 I1,0� people $746.73 per unit cost taken from Park Impact Fee update June 2002 3.0 11,000 people $746.73 Divided by 2 to reflect developer provision 3.0 11,000 people $746.73 perroom Input Level of Service and Cost for PUBLIC BUILDINGS 5Q Pt CostAJnft Single- family 2 per unit Sao Multifamily 2 perunit $80 Mobile Home 2 per unit Sao Hotel/Motel per Room 2 per room S80 Commercial 1 Retail per 1,000 sq.fL 2 per 1,000 sf $80 Office per 1,000 sq.tt - 2 per 1,000 sf Sao Institutional per 1,000 sq.ft. 2 per 1,000 sf $80 Warehouse / Storage per 1,000 sq.fl. 2 per 1,000 st Sao Industry per 1,000 sq.tt 2 per 1,000 sf 180 Recreation per 1,000 sq.ft 2 per 1,000 sf $90 Mobile Home/RV Park per acre 2 per acre Sao Input Level of Service and Cost for JAIL FACILITIES Bookinasl-Init CosVBooking C,psf1Un1! Single - family 0.0632 S91.77 per unit SS-80 -impact fee ordinance) Multifamily 0.0404 $91.77 per unit S3.71 impact fee ordnance) Mobile Home 0.0061 S91.7' per unit $036 -impact fee ordnance) Hotel/Motel per Room (20'X4C') 0.0524 $91.77 per room $4.81 -impact fee ordinance) Commercial I Retail per 1,000 sq.ft 0.3053 591.77 per 1,000 sf $28.02 4mpact fee ordinance) Office per 1,000 sq.fL 0.3707 591.77 per 1,000 sf $34,02 -impact fee ordinance) Institutional per 1,000 sq.f. 0.0328 $91.77 per 1,000 sf $3.01 -impact fee ordinance) Warehouse I Storage per 1,000 sq.tt 0.0086 $91.77 per 1,000 sf $0.79 -impact fee ordnance) Industry per 1,000 sq.fL 0.0086 $91.77 per 1,000 sf $0.79 - Impact fee ordnance) Recreation per 1,000 sq.ft 0.1566 $91.77 per 1.000 sf $14.37 - Impact fee ordinance) -impact fee ordnance) Input OTHER Level of Service and Cost per Unit Delivered Preferred Level of Average Level of Service Units CostfUnil Service Roads 0.00173 lane milesiperson $3,151,198 0.00173 Mass T:anse, 0 person trips / day s0 NA Water 250 gallons per ERU $0 NA Sewer 200 gallons per ERU so NA Solid Waste 0 pounds 1 person I day So NA Input Usage Rates for Water, Sewer & Solid Waste Mobile Homes Non - Residential Office 1-Story ( sq.ft.) Office Class A (sq.ftt.) Office Medical (sq.fL) Total Office (sq.ft.) Retail - Neighborhood (sq.ft.) Retail - Community (sq.ft.) Retail - Regional ( sq.ft.) Total Retail (sq.fL) Restaurant - Sit Down ( sq.ft) Restaurant - Fast Food /Drive thru Restaurant - Fine Dining (sq.fL) Hotel (rooms) Industrial Warehouse Golf Course (acres) Golf Course (holes) Golf Clubhouse (sq.ft.) Swim/Tennis Club (sq.ft.) Agenda Item No. &C January 23, 2007 Page 130 of 159 Cubic Yards[Da Solid Waste 10 10 10 10 7.5 7.5 7.5 7.5 7.5 7.5 1 Gallons/Day/Unit 1 1 1 Water Sewer Residential Units 1 1 1 Single - Family - Low Range 300 225 Single - Family - Mid Range 300 225 Single - Family - High Range 300 225 Single - Family - Special 300 225 Multifamily -For Sale Condo 200 150 Multifamily -For Sale Townhouse 200 150 Multifamily -For Sale Other 200 150 Multifamily- Rental Apartments 200 150 Multifamily- Rental Townhouse 200 150 Multifamily - Rental Other 200 150 Mobile Homes Non - Residential Office 1-Story ( sq.ft.) Office Class A (sq.ftt.) Office Medical (sq.fL) Total Office (sq.ft.) Retail - Neighborhood (sq.ft.) Retail - Community (sq.ft.) Retail - Regional ( sq.ft.) Total Retail (sq.fL) Restaurant - Sit Down ( sq.ft) Restaurant - Fast Food /Drive thru Restaurant - Fine Dining (sq.fL) Hotel (rooms) Industrial Warehouse Golf Course (acres) Golf Course (holes) Golf Clubhouse (sq.ft.) Swim/Tennis Club (sq.ft.) Agenda Item No. &C January 23, 2007 Page 130 of 159 Cubic Yards[Da Solid Waste 10 10 10 10 7.5 7.5 7.5 7.5 7.5 7.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 50 50 5 1 1 1 1 1 1 0 0 0 0 0 0 5 5 2 3 3 2 Ur Co O LO O �- p N O ZC -� cz c: co C m n Q V w 6n 0 0 0o 0 N O m 0 y- t- O M O 00 M O O N 7 a0o o0D t00. a0 r w to Q1� O N N w V0' r` O) h fD to O m M .p co N _ _ a O N N w w yq co b04 K 609 d09 < H m nO � w � w In O CO O N OM LO w 0 m O�< N w w O 0a�0 t>7 0 0 M O O LO to w tC) M w 0 t0 to co M h N OI M 0 N 60 co M tn p� m pp LO 0 w w O Vhf 11i C H N 6q� M w LO Vl N fR bb. 609 4i � 60 to NpY9,IJ N w N O O •f L 69 0) w IA V' r 00 tD O � O O tno 69 ti M O 00 1_ - to M w N O w `O Lo N f0 Vi t� t� O CO !D M O K 01 69 N N 1 ; 0N b4 W qo9 O w M w O O O O O O O O O O O O O O O O O O O O O O O Vi w 60' Vi w w w b4 w w w w w w fR W di w w w w w ff!♦ ti tD In O 60% m N 6Nq ON w V! w w to w MI O0� 609 0b9 Ifi N 064 N w w 69 64 w Vi w co 6AI 00 O N 64 Go w _ V N to X x 10 R N R i-- F- > v d R CD '0 'a C N _ N E _ o a 0 ;u 0. D_ y O V) 0 x C n N w m i H O K m O C R n U 0 F- LL to y J w y R C y d C L ^j. cr —o' y C G) d E c c c o m c c S o c to v ii O o c v o 0 c 0 0 0 " c m c U O ° fl o y c o c m y 'a 'Q 'Q m X 0 a U R> x 3" c D m F °- > O O O t F a E (D � F x R a 0 °7 H R o '� � d m �a m c D 0 d m m to t- m E y rn m? d d b o o O _ 0 m N L o R C N C) d a .� LL' Q J J J LL O m LL V) U) [n 0 U' U U "Ca C a� C O Q m F- O O to O O O O O O O O O O O O O O O O O O O O O O_ O O O_ O O O C0 N o2 O O O �- 0 0 0 0 0 0 0 O N N 0 O O O N r- `- et M 0 0 0 0 0 0 0 N M of N at to to tt7 00 00 N ' v O M M M M M M M cN�) M M M M M M c 0 M <0j c0� co N co co N Agenda Item No. 8C January 23, 2007 Page 132 of 159 Appendix Table 3. Pine Air Lakes DRI Economic Output Details RIMS 11 Multipliers Output Jobs Earnings Jobs! Jobs X General Office 1,74 24 0.59 0,000018 2.5 Retail- Shopping Center 1.55 28 0.35 0.000021 1.3 Restaurant 1.32 31 0.31 0.000023 1,2 Hotel 1.75 29 0.33 0.000022 1.7 Industrial 2.21 16 0.43 0.000012 1.9 Warehouse 1.25 13 0.25 0.000010 1.3 institutional ! Governmental 1.13 12 0.21 0.000009 1.2 Golf Course 1.24 14 0.22 0.000011 1.1 Housing Related 1.33 20 0.33 0.000015 1.2 Construction 1.66 17 0.61 0.000013 1.4 2005 2006 2007 2008 2009 Total Employment - - 1,808.3 3,011.4 1,963.4 Total Earnings $0 $0 $50,397,929 $83,650,627 $53,919,795 Total Output/Sales $0 $0 $114,228,812 $198,662,708 $143,206,936 Pine Air Lakes Q24 Sufficiency Questions Question 1: oc, —,da Item No. 8C January 3, 2007 °aae 133 of 159 Pine Air Lakes DRI: Demand Calculation is based on figures for the proposed Substantial Deviation a) Why weren't housing impacts analyzed for the entire ADA? Response: Housing impacts were only analyzed for the Substantial Deviation portion of the ADA/DRI because a significant portion of the project is already constructed and operational. The employment associated with the operational portion of the ADA/DRI has been absorbed into the market and should not be counted as affordable housing demand as it was previously calculated in the original submission of the ADA/DRI. The affordable housing calculations were conducted on the Substantial Deviation in order to estimate the affordable housing demand associated with the remaining commercial retail and office development. Question 2: Pine Air Lakes DRI.• Demand Calculation Model for Commercial and Office is not in agreement with the latest data from the Quarterly Edited ES -202 Report (by County) b) please explain where the data came fi -om and its age? Response: The analysis has been updated with the most recent ES -202 2005 quarterly data. Question 3: The report states that Housing Demand from existing DRIB is included in various calculations a) what are the existing DRIs included in these calculations b) how are these figures computed c,1 please provide these figures Response: In order to combat the "double counting" problem, affordable housing demand from previously approved DRIB in the market are calculated. DRI's included in these calculations are: Pelican Bay, Tallgate Commercial Center, Fiddler's Creek Marco Shores, The Vineyards of Naples, Lely – Resort Community, Park=lands, Olde Cypress – the Woodlands, Twelve Lakes, Citygate Commerce Park, Grey Oaks, Collier's Reserve, Pelican Marsh, Winding Cypress, Collier County Government Center, Heritage Bay, and Ave Maria. Agenda item No. 8C January 23, 2007 Page 134 of 159 As per the pre - application methodology, industry accepted employment multipliers are applied to the developable square feet of each DRI on a phase per phase basis, which yield an affordable housing demand using the ECFRPC methodology. This demand is then applied to the available supply prior to evaluating the affordable housing demand from the Pine Air Lakes DRI on the remaining supply in the market. The figures are provided in the attached Appendix. Question 4: In the table "Pine Air Lakes DRI Rental Unit Estimates by Rent Asked" a) How is the presented data limited to the I0mile 120minute `housing supply area "? Please elaborate on the methodology used to limit said data b) Which census table is the data taken from Response: The data is limited to the "housing area" by utilizing the Census based mapping program iSite. Data is taken from the following census tables: H7, H8, and H59. The methodology used to apply the data to the 10- mile /20- minute market is provided below. According to the 2000 census there were 144,536 total housing units in Collier County, of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier County were assumed to be vacant for -rent. This ratio of vacant for -rent units to total housing units for Collier County is then applied to the total number of housing units in the 20- minute radius to get an estimated number of vacant for -rent units in the 20- minute radius. With 88,041 total housing units in the 20- minute radius, the total number of vacant for -rent units is approximately 2,033. The percentage of Collier County vacant for -rent units at each price point is then calculated and the resulting ratios are applied to the total number of vacant for -rent units in the 20- minute radius to determine the supply of vacant for -rent units at each price point. To remain conservative, partial units are rounded down to the nearest whole unit resulting in 2,024 vacant for -rent units distributed across the range of price points. This figure represents the total number of vacant for -rent units available annually. Agenua item P o. S January 23. 2007 Paae "'H5 of 150 Question S; ECFRPC Methodology limits the use of Census data to two years... Please use alternate method of computing data where Census 2000 has been used? Response: Per the accepted methodology provided in the pre - application document submitted, the source data for rental units was applied properly. As stated in the pre- application methodology: "In the event that local rental unit vacancy rate data is unavailable, the 2000 Census data will be used." Question 6: Please provide the data from the Collier County Property Appraiser's office that was used for Table 24.B.2a For -Sale Supply Response: The supply for the revised analysis is provided herein. Ouestion 7: ECFRPC methodology states sales data from the Property Appraiser's Office should be limited to recent 12 month time period a) is the presented data limited to recent 12 month period? Response: The revised analysis enclosed used the most recent 12 month sales data as recorded by the Collier County Property Appraiser. Question 8: At this point in the housing analysis the applicant can answer the above questions or committee to the standard recommendations to mitigate the affordable housing. Fishkind & Associates, inc. (the Developer's Consultant) has conferred with both the Regional Planning Council Staff (Dan Trescott) and the housing development manager for Collier County's Housing and Urban Development Department (Cormac Giblin) to first confirm that the affordable housing analysis is only performed on the additional commercial square footage being requested since the original DRI approval accounted for the affordable housing requirement for the initial 957,000 square feet. Agenda Itern No. SC January 23; 2007 Page 130 of 159 Both the RPC staff and Collier County staff agreed that the affordable housing requirement for this substantial deviation would be measured on the requested additional square footage. The new total square footage is 1,075,000 and the initial approved DRI was 957,000 square feet. The additional square footage requested is 118,000. Based on the current commercial mitigation amount of $0.50 per square foot of commercial space, the amount due to mitigate the affordable housing requirement is $59,000. The Applicant is willing to agree to this amount. According to Cormac Giblin of the Collier County Housing and Urban Development Department, that amount is paid at Certificate of Occupancy (C.O.) for each building as they are constructed. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW' WWW.COLLIERGOV.NET Agenda Item No. 3C January 23. %00 2800 NORTH HORSESHOE DkWI! 137 of ' 59 NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 DOA - 2005 -AR -8543 PROJECT 919990038 DATE: 11/1/05 PRE - APPLICATION MEETING NOTES MICHAEL BOSI DRI Develop Date: !>?A' OS Time: a�..l0 Firm: Order Amendment Tr tS PROJECT NAME: I , -.t A,.- L r aT A n�tw%htY1 F Applicant Name: K.e,c... l Phone: Owner Name: Phone: Owner Address: City: State: ZIP: State Development Order Number: Assigned Planner L 3J 11 Meeting Attendees: (uffach Sign 1n Sheet) SUBMITTAL REQUIREMENTS (refer to application for additional requirements) 24 Copies of the following: (❑ 1 additional set if located in the Boyshore /Gateway Triangle Redevelopment Area) Completed Collier County Public Hearing Application Pre - application Meeting Notes Site Plan 24 "X 36" and One 8 1/2 X 11 " copy, and one jpg copy (from DRI Development Order) Completed State NOPC Form with all attachments 2 Copies of the following: ❑ Legal Description ❑ List identifying Owner & all parties of corporation ❑ Owner /Agent Affidavit signed & notarized Completed Addressing Checklist Copies of Notices sent to DCA and RPC 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver ❑ Survey, signed & sealed Seven (7) Traffic Impact Statement (TIS) or waiver ❑ Five (5) copies of Recent Aerial Photograph min scaled 1" = 400' ❑ One (1) Electronic copy of all documents in Word format (CD -ROM or Diskette) FEES: Application Fee: $6,000 DRI Development Order NOPC $2,250.00 Comprehensive Planning Consistency Review $150.00 Fire Review Fee n $500 00 U Pre=app licalic ,� f= . (A ppIl, icatic. -S submlted 9 - onIhs or more after the date of the .t a5• pro-app meeting shall not be credited towards application fees and a new pre - application meeting will be required. Aaenda Item No. 8C $72c.'.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice g8ffm Kdples tl` News). Page 133 of 1 t [� $363.00 Legal Advertising Fee for BCC meeting ev e Property Owner Notification fees. Property Owner Notifications $I.00 Non - certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Nleeti.ng Notes PMS, Inc. of Naples January 23 2007 Page 139 of r S�9 Project Management Services 8. The following Transportation sufficiency review questions were inadvertently omitted from the first DRI sufficiency review sent to the RPC. However, the petitioner's agent received a copy of the questions on 12/22/05 and has been asked to respond. The improvements that were outlined in the submitted traffic study need to be discussed and reviewed with transportation staff. The intersections that are projected to operate at an unacceptable LOS will need to be reviewed with staff to outline improvements and additional project traffic. Turn lane improvements discussed in the traffic statement provided should be define as part of this application and included as language to the transportation section of the PUD document. The interconnection to the north was not analyzed in the traffic statement provided. In the initial methodology meeting it was agreed that the interconnection would be reviewed as part of this application. The applicant has agreed to donate $50,000 towards the lighting improvements on Naples Blvd. This language should be added to the PUD and the DRI DO/Resolution. The improvements that were outlined in the submitted traffic study need to be discussed and reviewed with transportation staff. The intersections that are projected to operate at an unacceptable LOS will need to be reviewed with staff to outline improvements and additional project traffic. Driveway analysis on Naples Blvd should be conducted to review optimal on site interconnection and potential signal location. The transportation language should be updated to reflect current conditions. The developer has agreed to purchase and install permanent count stations in lieu of traffic counts. The appropriate language should be added. Response to all Transportation comments: The Traffic Statement has been revised to reflect transportations requests. The PUD document has also been revised per staffs comments. However, the applicant has not agreed to donate $'50, 000 towards the lighting improvements on Naples Blvd, therefore this language has not been added. 2335 Tamiami Trail N., Suite 408, Naples, FL 34103 1(239) 435 -9080 x61 Fax 435-9082/Fmail:jennifereastilloCa)pmsnaples.com - Agenda Item No. 8C ' January 23, 2007 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DkW 140 of 159 DEPT. OF ZONING & LAND DEVELOPMENT REVIEW 19 NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 403 -2400 FAX (239) 643 -6968 DOA- 2005 -AR -8543 PROJECT #19990038 DATE: 1111105 PRE - APPLICATION MEETING NOTES MICHAEL BOSI DR Development Order Amendment Date: ) -?A - 05 Time: o�-d 0 Firm: T r'l S PROJECT NAME: Applicant Name: Kok reel Phone: Owner Name: Phone: Owner Address: City: State: ZIP: State Development Order Number: Assigned Planner )4 J",L f c Meeting Aitenclees: (attach Sign In Sheet) SUBMITTAL REQUIREMENTS (refer to application for additional requirements) 24 Copies of the following: (❑ 1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Completed Collier County Public Hearing Application Pre - application Meeting Notes Site Plan 24 "X 36" and One 8 1/2 X 11 " copy, and one ipg copy (from DRI Development Order) [� Completed State NOPC Form with all attachments 2 Copies of the following: ❑ Legal Description ❑ List identifying Owner & all parties of corporation ❑ Owner /Agent Affidavit signed & notarized Completed Addressing Checklist Copies of Notices sent to DCA and RPC 4 Copies of the following: ❑ Environmental Impact Statement (EIS) or waiver ❑ Survey, signed & sealed ® Seven (7) Traffic Impact Statement (TIS) or waiver ❑ Five (5) copies of Recent Aerial Photograph min scaled 1" = 400' ❑ One (1) Electronic copy of all documents in Word format (CD -ROM or Diskette) FEES: Application Fee: $6,000 DR[ Development Order NOPC $2,250.00 Comprehensive Planning Consistency Review $150.00 Fire Review Fee ❑ $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. Agenda Item No. 8C [ ' $72'.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice frleWHb#j s I7y News). Page 142 of 159 [� $363.00 Legal Advertising Fee for BCC meeting [ Property Owner Notification fees. Property Owner Notifications $1.00 Non- certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Mewing Notes PMS, Inc. ofNaples Project Management Services February 24, 2005 SW FL Regional Planning Council Dan Trescott 1926 Victoria Ave Ft. Myers, FL 33901 RE: Pine Air Lakes DRI Dear Dan: . - a Item Pic. SC January 23, 2007 1� REV. 2 DOA- 2005 -AR -8543 PINE AIR LAKES PUD (DRI -84 -5) PROJECT #119990038 DATE: 7/21/06 KAY DESELEM (COMPANION ITEM: PUDZ -A- 2005 -AR -8550) Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed and an additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. The remaining 344,139 square feet of development rights as well as the requested additional 323,600 square feet will be phased over the next 5 years, with completion in late 2010. We are submitting to you this preapplication conference summary to amend our DRI to request the additional square footage. Please find the following per your request: • Ten (10) Pre - application Summary's w/ attachments • Check for $2500.00 • Authorized agent letters • Receipt & Review Fee Agreement Please call us if you have any questions, or we can address them at the preapp meeting on Monday, February 28h. Agenda Item No. 8C January 23, 2007 Page 144 of 159 Pine Air Lakes DRI Preapplication Conference Summary FORM RPM BSP PREAPP INFO —1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/4884925 PREAPPLICATION CONFERENCE DOCUMENT AND INFORMATION One of the initial steps in the development of regional impact (DRI) review process is the preapplication conference. The preapplication conference is a meeting between various governmental agencies and representatives of the developer that establishes the parameters of the Application for Development Approval (ADA). Pursuant to Paragraph 380.06(7), Florida Statutes, and Rule 9J_2.021, Florida Administrative Code, the information required to conduct the preapplication conference must be made available to the participants in the conference at least ten working days prior to meeting. Note that the following information lists the minimum information for a preapplication conference. The regional planning council may have more stringent information requirements for a preapplication conference, and council staff should be consulted prior to the preparation of a preapplication document. Provide the following information about the proposed development. A. General Information 1) Name of the development. Pine Air Lakes 2) Name, address, and telephone number of the applicant. Landon Group South Jason Wagner, Vice President 800 Seagate Drive, Suite 302 Naples, FL 34103 Phone: 239.261.2995 Fax: 239.261.4278 3) Name, address, and telephone number of the authorized agent. PMS, Inc. of Naples Karen Bishop, President 2335 Tamiami Trail N., Suite 408 Naples, FL 34103 Phone: 239.435.9080 ext 3 Fax: 239.435.9082 AND Pavese Law Firm Neale Montgomery 1833 Hendry Street Fort Myers, FL 33901 Phone: 239.334.2195 Fax: 239.332.2243 Agenda item No. 8C January 23, 2007 Page 145 of 159 Pine Air Lakes DRI Preapplication Conference Summary B. Project Description 1) A general description of the project, including proposed land uses and amounts pursuant to the guidelines and standards in Chapter 28 -24, F.A.C. If a preliminary master plan has been developed, please provide. Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. All of the required water management system is permitted through the SFWMD with approximately 80% of the total water management system either completed or under construction and scheduled for completion in late 2005. See Attachment A, Master Site Plan. See Attachment C, Activity Center Map 2) Proposed phasing of the project, including proposed preliminary phasing dates and build -out dates. Pine Air Lakes will be developed in a five -year phase as follows: Phase Years Retail/Office 1 2006 -2010 323,600 C. Site Information 1) Describe the existing land uses and vegetative associations. Provide an aerial photograph of the site. See Attachment B, Aerial Photograph The existing land uses on the 149 acre approved site include a Mixed -Use Commercial/Retail project that lies within Collier County Activity Center No. 13 and has 1.8 acres of upland/wetland preserve. 2) Provide a brief environmental assessment of the site, encompassing such topics as the probable occurrence of wetlands and listed plant and animal species. No rare or endangered plants or animals were found to inhabit the site. There is an existing .4 ac wetland preserve is located at the south end of the site. This preserve will not be impacted by this proposed modification. 3) Indicate which portions of the site, if any, are within the 100 -year floodplain. The subject property is not located within the 100 year floodplain. 4) Provide a letter from the Division of Historical Resources indicating if there are potentially regionally significant historical or archaeological sites on the property. Not Appl.cable. The Ds .v.on of Hsto.. al Resources does not 1st —turat reSQL rC °S on the property. Agenda Item No. 8C January 23, 2007 Page 145 of 150 Pine Air Lakes DRI Preapplication Conference Summary D. Impact Area Information 1) Provide a general location map. Indicate on this map adjacent land uses, the existence of public facilities, regional activity centers, and any existing urban service area boundary. Also indicate on this map any other lands owned or leased by the applicant within two miles. See Attachment E, Location Map See Attachment F, Surrounding Land Uses See Attachment G, Public Facilities Map 2) Using a map, indicate the proximity of this site to regionally significant resources identified in the Regional Policy Plan such as significant bodies of water, wetlands, or wildlife corridors. There are no regionally significant resources identified in the Regional Policy Plan in the proximity of Pine Air Lakes. Map is not applicable. 3) Provide a map of the proposed study area for Question 21 ( Transportation) in the ADA. Indicate the functional classification and number of lanes of all roadways in the study area except residential streets. See Attachment H, NW Transportation Concurrency Management Area Map E. Permitting and Approval Information 1) Indicate if a comprehensive plan amendment will be required for this development. am 2) Provide a list of all permits already applied for or received, specifying the date of application, issuing agency, and function of the permit. SFWMD Permit 11-00715-S ERP SFWMD Permit 11- 00715 -W Water Use SFWMD Permit 11- 02374 -W Dewatering F. Provide a summary of each of the proposed methodologies, assumptions, models, criteria, etc., that will be used to answer ADA questions, particulary Question 12 (Vegetation and Wildlife) and Question 21 (Transportation). The methodologies, assumption, etc., should be specific enough so that once agreement is reached among parties regarding these, everyone involved will have a clear understanding of what will be provided in the ADA. The intent o this agreement is to streamline the review period and decrease the number of insufficiency findings wherever possible. The regional planning council should be consulted prior to the preapplication conference to explain the methodologies acceptable to the region for ADA review. Question 9 — Maps All maps in the ADA will be provided at a scale of 1" = 400'. We are requesting a waiver for maps C, E & G Question 10 —Part 1 & 2 Consistency with Comprehensive Plans 1) A. Describe and discuss in general terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), ^.g , da lien' Poo_ SC Janu2r� ?�. -1007 Paae 14' 7 of 159 Pine Air Lakes DRI Preapplication Conference Summary magnitude in the appropriate units from Chapter 28 -24, F.A.C., where applicable, and expected beginning and completion dates for construction. Pine Air Lakes DRI is a Mixed -Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build - out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. All of the required water management system is permitted through the SFV,IMD with approximately 80% of the total water management system either completed or under construction and scheduled for completion in late 2005. The remaining 344,139 square feet of development rights as well as the requested additional 323,600 square feet will be phased over the next 5 years, with completion in late 2010. B. Provide a breakdown of the existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.065 1, F.S. and Chapter 28 -24, F.A.C. Use Level III of the Florida Land Use and Cover Classification System: A Technical Report (September 1985), available from each regional planning council. Refer to Maps D (Existing Land Use) and H (Master Plan). Use the format below and treat each land use category as mutually exclusive unless otherwise agreed to at the preapplication conference. See attached Table 10 -1 We have used the updated Florida Land Use, Cover and Forms Classification System handbook that was published in January 1999. Pine Air Lakes DRI °- Preapplication Conference Summary TABLE 10 -1 Existing Land Uses Acres 411 Open Space Buffers/Lakes 140 Road Rights -of -way 940 Preservation 820 Commercial (707,000 approved) 394,698 sf constructed 710 Office (250,000 approved) 13,489 sf constructed 740 Disturbed Land TOTAL Final Land Uses 411 Open Space /Buffers/Lakes 140 Road Rights -of -way 940 Preservation 820 Commercial (707,000 approved) 710 Office 250,000 approved Agenda Item No. 8C January 23, 2007 Page 148 of 159 Avvrox 33.49 10.7 1.81 77.12 25.87 I48.99 33.49 10.7 1.81 77.12 25.87 TOTAL 148.99 Agenda Item No. &C January 23. 2007 Pace 149 Of 159 Pine Air Lakes DRI Preapplication Conference Summary C. Briefly describe previous and existing activities on site. Identify any constraints or special planning consideration that these previous activities have with respect to the proposed development. This 148.99 +/- acre site was originally used for farming and landscape nursery activities. The parcel has been cleared except for the wetland. Approximately 65% of the existing commercial development rights have been constructed with all of the required water management permitted through the SFWMD and approximately 80% of the total required water management system either completed or under construction and scheduled for completion in late 2005. Naples Boulevard has been constructed as a divided four -lane connecter road between Pine Ridge and Airport Roads. The road has a signaled intersection at both Airport and Pine Ridge Road, each with double left turns in and out of the property. Sewer and water lines have been extended through the property with sufficient capacity to service all of the proposed development. A conservation easement has been established for the remaining wetlands and the required buffers. All other major infrastructure elements such as telephone, electrical service, cable and natural gas are in place with sufficient capacity to service all of the proposed development. D. If the development is proposed to contain a shopping center, describe the primary and secondary trade area which the proposed shopping area will serve. For the pre - application meeting, we estimate the following trade areas, subject to our consultants confirmation as we preceed in this process: The Primary Trade Area will be the area generally bounded by Golden Gate Parkway to the South, Vanderbilt Beach Road to the North, I -75 to the East and Goodlette -Frank Road to the West. The Secondary Trade Area will be the area generally bounded by US-41 to the South, Collier Boulevard (CR -951) to the East, Immokalee Road to the North and US-41 to the West, E. Describe, in general terms, how the demand for this project was determined. The demand for the project has been market driven. The initial phases of the development have been well received by large national and regional tenants that purchased properties and constructed stores such as Lowes, Costco, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has been more local "ill" development that is seeking locations in close proximity to the established retailers. This is evidenced by the Naples Boulevard Car Wash, smaller neighborhood -type conventional shopping centers (2 currently in permitting), the TIB Bank of the Keys building (in permitting) and the Wild Oats anchored shopping center currently under construction. Part 2 Consistency with the Comprehensive Plans A. Demonstrate how the proposed project is consistent with the local comprehensive plan and land development regulations. Indicate whether the proposed project will require an amendment to the adopted local comprehensive plan, including the capital improvements element. If so, please describe the necessary changes. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations. The revision to this application will not require an amendment to the adopted local comprehensive plan, including the capital improvements element. Agenda item No. 8C January 23, 2007 Page 150 of 150 Pine Air Lakes DRI Preapplication Conference Summary B. Describe how the proposed development will meet goals and policies contained in the appropriate Regional Comprehensive Policy Plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the Regional Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies and will be detailed with the ADA submittal. C. Describe how the proposed development will meet goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.), including, but not limited to, the goals addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, and agriculture. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.) The revision to this application will continue to meet the goals and policies addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, agriculture, and will be detailed with the ADA submittal. Ouestion 13 — Wetlands A -1) There is 0.4 acres of wetlands on the property. 2) Hydroperiods and seasonal water elevations of on -site wetlands will be determined and included in our ADA submittal. 3) All wetland on the subject property will be preserved. The proposed modification will not alter the hydroperiod. 4) The on -site wetland is located within an existing conservation easement and has already been enhanced. Additional enhancement is not proposed 5) No wetland impacts are proposed as part of this modification. 6) No wetland impacts are proposed. 7) All wetland preserves are protected by an existing berm. This berm will be maintained to protect the wetland. 8) Jurisdictional delineations were done during the original permitting. The wetland preserves are now located in conservation easements. B) No additional wetland enhancement is proposed. Ouestion 14 — Water A) Generally both ground water and surface water flows around the subject flow from east to west. This has been altered in some areas by the canal located on the east side of Airport Pulling Road. This canal intercepts flows from the east and directs them to the south. The canal also provides an outfall for some lands to west including Pine Air Lakes. The subject property is not located within a groundwater recharge area. Water bodies located downstream of the subject property include the Airport Pulling Road, Canal, Golden Gate Canal, Gordon River and Naples Bay. B) Water quality has been issued by virtue of our SFWMD permit. Changes made with this amendment will not affect water quality. C) The surface water management system will be designed to provide the required treatment and attenuation prior to discharging off site_ ��enda Eier�� lvo. 8C January 23. 2097 Page 151 0 15�-:} Pine Air Lakes DRI Preapplication Conference Summary Ouestion 17 Water Supply A -1) 1. The ADA response to question 17A1 will address water supply. 2. The ADA response to question 17A2, how the demand information was generated, will be addressed. B) The ADA response to question 17B, providing a breakdown of water supply, will be addressed. C) There are existing wells on site that are used for irrigation. D) All proposed wells will be permitted. During the review process the impacts to other wells will be analyzed. No impacts are anticipated. uestion 21 — Transportation The original DRI was approved in 1985, when an extensive analysis was prepared addressing the transportation related impacts of this project. The original DRI was approved for 1,280,600 square feet for retail and office uses. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build -out date from October 15, 2000 to October 14, 2005 was approved, The Developer has met the obligations in the original DRI Development Order with respect to off - site roadway improvements. The project has developed with uses that differ in trip generation characteristics that were previously analyzed under the original DRI Transportation analysis. A home improvement superstore (Lowe's), a member only warehouse (Costco) and a multi- screen movie theater are the primary trip generators to date within the project. The peak hour trip . generation of these facilities is much lower than what was originally analyzed. It is the intent of this Substantial Deviation to allow for the conversion of some of the office floor area to retail uses and to permit additional retail floor area while maintaining acceptable trip generation levels. Traffic counts will be collected at all project access drives serving the project site as well as at surrounding intersections within the Study area. A trip generation analysis will then be prepared for the existing uses. The trips remaining (based on the 1994 analysis) will be allocated to retail and office uses, which are anticipated to bring the total floor area permitted in the DRI to approximately 1,280,600 square feet (all uses). Recently approved retail uses within the DRI will also be included in the analysis (Sembler project). The TIS for this project will be referenced for peak hour and daily trip generation. The build -out year for the project will be assumed to be 2010. The analysis will address Question 21 as required. Question 24 — Housing The availability of adequate affordable housing will be assessed using the methodology developed by the East Central Florida Regional Planning Council, as revised by June, 1999. Agenda Item No. 8C January 23, 2007 Page 152 of 159 Pine Air Lakes DRI Preapplication Conference Summary G. Provide a list (or formal written request if required by the Regional Planning Council) of ADA questions, which you wish to have deleted or exempted. Provide a discussion or explanation of why you believe it is appropriate to delete from the ADA for your project. The following ADA questions are not applicable to Pine Air Lakes: Question 11— Revenue Generation Summary Question 12 — Vegetation and Wildlife Question 15 — Soils Question 16 — Floodplains Question 18 —Wastewater Management Question 19 — Stormwater Management Question 20 — Solid Waster/Hazardous Waste/Medical Waste (Developer will maintain standard Conditions) Question 22 — Air Question 23 — Hurricane Preparedness Question 25 — Police and Fire Protection Question 26 —Recreation and Open Space Question 27 —Education Question 28 — Healthcare Question 29 — Energy (Developer will maintain standard conditions) Question 30 — Historical and Archaeological Sites Question 31 — Airports Question 32 — Attractions and Recreation Facilities Question 33 — Hospitals Question 34 —Industrial Plants and Industrial Parks Question 35 — Mining Operations Question 36 — Petroleum Storage Facilities Question 37 — Port and Marina Facilities Question 38 — Schools Agenda Item Pao. 8C January 23, 2007 Pa90 1� NOT TO SCAU iriiuumuummiiiimmiuiuuimuiimimumimmuuu file t(l it If �1 Age a Reif ( h SC Map Output JnWy 2q, 21007 tl-,oe.rlda item fJo. 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E' C C) LO CD Zj 0 co LO 1) L:)-n r 7 s i l., f 4.- J t 1 f r li n s Agenda Item No. 8D January 23, 2007 Page 1 of 64 EXECUTIVE SUMMARY PUDZ-A- 2005 -AR -8550 Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94 -25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres is located along the west side of Airport - Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DOA - 2005 -AR- 8543). OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and render a decision regarding the petition. I - CONSIDERATIONS: The petitioner is seeking to amend an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94 -25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject property is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is being amended in a companion request. FISCAL IMPACT: The PUD amendment, 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 PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 1 of 6 Agenda Item No. 8D January 23, 20017 Page 2 of 64 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 applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is designated (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hotel /motel uses at a density consistent with the Land Development Code. Pine Air Lakes is an existing mixed -use commercial /retail project located within Activity Center #13. Activity Centers permit a full array of commercial uses, residential uses, institutional uses and hotel /motel uses at a density consistent with the Land Development Code. The Board of County Commissioners (BCC) approved Development Order 85 -5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area. The Southwest Regional Planning Council appealed the Development Order and the appeal was settled by the BCC adopting Resolution 86 -63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94 -25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent amendments were found to be consistent with the 1989 Growth Management Plan, as amended. The applicant employed the firm of Metro Transportation Group, Inc., to conduct a Substantial Deviation Analysis for a Development of Regional Impact Study. The study maintains that the market in Collier County will most likely not support the development of 250,000 square feet of office space. Therefore the developer is seeking to increase the retail floor area and decrease the office floor area as shown in the following chart. Land Use Originally Approved Currently Approved Proposed Developed/ Approved Retail 707,000 707,000 1,000,000 561,202 Office 368,000 250,000 75,000 13,489 Hotel/Institutional. 205,000 1 0 0 0 Total 1,280,600 1 957,000 1,075,000. 574,701 (Measurements are provided in square feet) In addition, a Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of the Development Order Amendment to the Pine Air Lakes DRI. Pursuant to the study the fiscal impacts that the proposed change will have on Collier County are as follows: Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 2 of 6 Agenda Item No. 8D January 23, 2007 Page 3 of 64 The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impact to the County. For the School District, the project provides a net present value capital benefit of $32.2 million. Collier County, Net Total Fiscal Impact $3,922,544. Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517. Total Ad Valorem Revenue for Collier County $1,947,717. Collier County School District, NPV of Capital Impact $537,884. Average Annual Economic Output in Local Economy at buildout $197,126,731. Average Annual Economic Output in Local Economy during Construction $128,813,361. Total Direct and Indirect Employment Impacts at buildout $6,784. 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. (Comprehensive Planning staff's comments are shown in parenthetically italics.) 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 w_ without violating intersection spacing requirements of the Land Development Code. (Provided for in Section I, 1.07, B.) 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. (Provided for in Section VII, 7.13, B.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Provided for in Section VII, 7.13 K.) Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE and the GMP FLUM. Transportation Element: The proposed change in use (office to retail) and additional intensity adds approximately 10 percent more project trips to the adjacent roadway network than currently approved. Staff has evaluated the impacts associated with the increase with respect to consistency with Transportation Element Policies 5.1 and 5.2. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. The project can be found consistent with respect to Policies 5.1 and 5.2. Staff has also evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 3 of 6 Agenda Item No. 8D January 23. 2007 Page 4 of 64 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the overall GMP. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. TRANSPORTATION ISSUES: Transportation Review: Transportation Planning Department staff has reviewed the petition and the PUD document and Master Plan that accompanies the request. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. Transportation Planning Department staff has evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on December 21, 2006. Commissioner Tuff made a motion to approve the petition with staff's recommendation (to include the denial of Deviation 1) and the stipulations added by Commissioner Strain. Commissioner Adelstein seconded the motion. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. Those commissioners who voted against the Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 4 of 6 Agenda Item Pilo. 6J January 23, 2007 Page 5 of 64 motion indicated that they had concerns about the project's intensification, perceived additional traffic congestion, and the loss of perceived necessary office space. Those commissioners voting in support of the motion took the opposite stance, noting that the traffic situation would be improved and office uses were more desirable at this location. Commissioner Strain's stipulations are as follows: 1. The remainder of the project's development shall be phased. The first phase shall contain a maximum of 805,000 square feet of floor area, No certificates of occupancy shall be issued for any remaining square footage until the following roadway improvements are fully operational (The PUD document and the DRI development order set forth the exact requirement language): The developer shall extend the north bound left turn lane from Airport Road into Naples Boulevard stacking lane in compliance with the requirements set forth by the Transportation Division and said improvements shall be completed and operational within one year of this PUD Amendment and Development Order amendment approval. The developer shall construct the additional east bound lane on Naples Blvd. heading north onto Airport Road within two years of this PUD Amendment and Development Order amendment approval. 2. The developer shall correct the open space number discrepancy on the master plan. (This revision will be made in conjunction with any other changes that may be directed by the BCC if a recommendation of approval is forthcoming.) LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03 ).05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 5 of 6 Agenda item No. 8D January 23, 2007 Page 6 of 84 Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into their neighborhood. Findin ,a: Staff believes the petitioner's commitments to participate in roadway improvements will offset any negative impacts upon the surrounding property owners. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed without this amendment adding square footage. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action or at the proposed use is not contrary to the current land use policies. Con: The perceived higher intensity may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the recommended new transportation improvements and other conditions already contained in the PUD document and the DRI Development should ensure the least amount of adverse impact on adjacent and nearby developments. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- A -2005- AR -8550, except Deviation 1 shall be denied. PREPARED BY: Kay Deselem, A1CP, Principal Planner Department of Zoning and Land Development Review Pine Air Lakes PUD, PUDZ- 2005 -AR -8550 Executive Summary for January 23, 2007 BCC Page 6 of 6 Agenda Itern No- 8D .fanuary 23, 2007 Page 7 of 64 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -�^ Item Number: 8D Item Summary: This item requires that all partimieants be sworn in and ex carte disclosure be provided by Ccrnrnissicr merr.bers. P'DZ -A- 2005 -AR -8550. Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc. of Naples and Richard Yovanovich of Goodiette, CDlema l and Johnson requesting an amendment of the Pine Air Lakes planned Unit Development ;PUD) last rev ed in Ordinance No 94 -25, to ahaw an increase in the maximum devleoprnent area of 957,000 square footage (further limited to ,-07.000 square feet of retail and 250.000 square feet of office), to a maximum total of 1.075.000 square feel (further limited to 1,000 000 square feet of retail space and 75.000 square feet of office use). extend the buildout date from Goober 15, 2005 to October 15, 2010. The subject 146.99 acres, is located along the west side of Airport- PUlling Road, parallel to and approximately 1.500 feet north of Pine Ridge Road and along both sides of Naples 9oulevard, In Section 11 Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DR DOA X005 -AR -8543) Meeting Date: 1/2312007 9.00.00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Zoning & Land Development Review 12/21/2006 7:31:36 AM Environmental Services Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 12!2112006 9:25 AM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 12!2212006 8:36 AM Environmental Services Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 1212212006 12:25 PM Environmental Services Approved By Marjorie I Student Stirling Assistant County Attorney Date County Attorney County Attorney Office 12'27.'2006 8,25 A,M Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 11-127.2006 2.07 PM Approved By Marlene Stewart Executive Secretary Date Community Devolopment & Communii-✓ Development & Environmental Services 12'2S120dc 11 :45 Al Env —rinr ntal Services Admin. Approved By Constance A. Johnson Oe>eratlons P,nilyst Gate Community Development & Community Development R Environmental Services Environmental Sgrvoes Admin. 11372007 8'.31 AM Approved By Community Devclopmen', & Joseph K. Schmitt Environmental S.;rvmes- Adminstrator Date Community Development & Comnt un €ry Development & V i20CI 10;53 A6 Environmental Seri, —c Environmental Services Adrrm, Approved By OMB Coordinator AppGcatloris Analyst Date Adrom,stratiee Services Informa@gn Terhnofogy 1110.2007 9:58 All Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/10/2007 10:11 AM Approved By Jamesv. Mudd County Manager Date Agenda Item No. 8D January 28, 2007 Page 9 of 64 Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 12, 2006 SUBJECT: PUDZ -A- 2005 -AR -8550: AIRPORT ROAD LIMITED PARTNERSHIP, FOR PINE AIR LAKES PUD (COMPANION TO DOA - 2005 -AR -8543) APPLICANT: Mr. Jason Wagner, Vice President Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, F134103 AGENTS: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 REQUESTED ACTION: Mr. Richard D. Yovanovich, esquire Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commissioner (CCPQ consider an amendment to the PUD zoning that was granted on November 12, 1985, and amended several times in Ordinances 85 -67a, 85 -67b, 92 -1a, 92 -1b, 94 -25 and 01 -44. The subject property is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is being amended in a companion request. GEOGRAPHIC LOCATION: The subject 148.99 acres, is located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (see location map on the following page). Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 1 of 8 Agenda Item i,�c. 8D January 23, 2007 Wage 10 of 64 PURPOSE /DESCRIPTION OF PROJECT: The petitioner is seeking an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94 -25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. SURROUNDING LAND USE AND ZONING: North: a car dealership, zone C -4 and various industrial uses on platted lots with an Industrial zoning classification East: Airport- Pulling Road, then a canal, then residential uses within Tall Pines subdivision, with a zoning designation of RSF -3 residential lots South: Various commercial uses with frontage on Pine Ridge Road or Airport- Pulling road or both, with a zoning designation of C -5 West: Industrial uses along Lee Ann Lane and Yahl Street AERIAL MAP Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 2 of 8 Agenda Item No. 8D January 23, 2007 Page 11 of 64 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. Pine Air Lakes is an existing mixed -use commercial /retail project located within Activity Center 413. Activity Centers permit a full array of commercial uses, residential uses, institutional uses and hotel /motel uses at a density consistent with the Land Development Code. The Board of County Commissioners (BCC) approved Development Order 85 -5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area. The Southwest Regional Planning Council appealed the Development Order and the appeal was settled by the BCC adopting Resolution 86 -63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94 -25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent amendments were found to be consistent with the 1989, Growth Management Plan, as amended. The applicant employed the firm of Metro Transportation Group, Inc., to conduct a Substantial Deviation Analysis for a Development of Regional Impact Study. The study maintains that the market in Collier County will most likely not support the development of 250,000 square feet of office space. Therefore the developer is seeking to increase the retail floor area and decrease the office floor area as shown in the following chart. Land Use Originally Approved Currently Approved Proposed Developed/ Approved Retail 707,000 707,000 1,000,000 561,202 Office 368,000 250,000 75,000 13,489 Hotel /Institutional 205,000 1 0 1 0 0 Total 1,280,600 1 957,000 1 1,075,000. 574,701 (Measurements are provided in square feet) In addition, A Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of the Development Order Amendment to the Pine Air Lakes DRI. Pursuant to the study the fiscal impacts that the proposed change will have on Collier County are as follows: The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is 53,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impact to the County. For the School District, the project provides a net present value capital benefit of 532.2 million. Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21. 2006 CCPC Page 3 of 8 Agenda iten-, No. 8D January 2?3, 20v7 Pace 12 of 64 Collier County, Net Total Fiscal Impact $3,922,544. Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517. Total Ad Valorem Revenue for Collier County $1,947,717. Collier County School District, NPV of Capital Impact $537,884. Average Annual Economic Output in Local Economy at buildout $197,126,731. Average Annual Economic Output in Local Economy during Construction $128,813,361. Total Direct and Indirect Employment Impacts at buildout $6,784. 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. (Comprehensive Planning staff's comments are shown in parenthetically italics.) 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. (Provided .for in Section I, 1.07, B.) Policy 72: 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. (Provided for in Section VII, 7.13, B.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Provided,for in Section I'll, 7.13 K.) Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE and the GMP FLUM. Transportation Element: Transportation staff has reviewed this project based on the current TIS guidelines and with respect to the Collier County Growth Management Plan Transportation Element and has determined that the project is consistent with the Transportation Element if the PUD document is amended to address the concerns raised regarding PUD Section 7. LI. This issue is discussed in detail in the analysis section of this report. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.13.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as canarat� rrnrnm ante anrr ara attarhPri try t}iP ctal =i ra��nrt to�P Fahihit A and Gvhihit P\ the Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 4 of 8 Agenda Item No. 8D January 23, 2007 Page 13 of 64 Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Planning staff has reviewed the petition and the PUD document and Master Plan that accompanies the request, and is recommending approval of this amendment subject to the stipulations in the PUD document, especially staff's wording of PUD Section 7.1.I. The petitioner is not in agreement with staff wording and has proposed alternative language. This issue is discussed in more detail in the Deviation Discussion of Zoning Staff's review Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (PUD amendment) is approved, and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The list of uses is not proposed to change, per se. The PUD was approved to allow both retail and office uses, and that is still the case. The actual mix of how much of each type— retail and office —is what is proposed to change. The uses were determined to be consistent with the GMP when the original Pine Air Lakes rezoning was approved, and as part of that consistency finding, the uses were deemed to be compatible with the land uses that have been developed or would be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the Pine Air Lakes PUD is already developed or developing with mostly retail uses. The surrounding area uses, consisting of either industrial or commercial uses, have co- existed with this project as it has been developing with seemingly little problems; no changes are proposed to the PUD document that would allow different development. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. There are no "new" land uses proposed in this petition; the intensity of the retail uses is proposed to increase but a decrease in office uses is also proposed to offset any net increase in project intensity. In reviewing the appropriateness of the requested intensity on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding properties as to allowed use intensity, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation /attraction, etc. The Master Plan submitted for the PUD does not show project design detail. No buildings have been shown on that plan. The Master Plan is not required to show design detail such as building footprints. Staff does not believe the proposed amendment will affect the finding of compatibility that was made when this PUD was originally approved. Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 5 of 8 Agenda Item No. ED JIanuary 23, 2007 Page 14 of 64. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC for parking requirements. The deviation is found in PUD document Section 7.14.I. The petitioner proposes the following language for this section: Wherever feasible, the Pine Air Lakes project shall interconnect with adjoining neighborhoods or other developments regardless of land use type as described in Policy 7.3 of the Future Land Use Element. However; any parking spaces lost due to these interconnections shall not be required to be replaced. The Developer shall be granted a deviation from the nnirnimum parking requirements set forth in the LDC equal to the lost parking spaces. Transportation staff is concerned about this deviation as is zoning staff. Transportation planning staff notes that there is an LDC amendment pending in the current cycle that if approved, will revise LDC Section 4.04.0l.E. The excerpt essentially states what transportation staff wants in PUD document Section 7.14.I. The LDC amendment states: During the development or redevelopment of commercial or residential projects and all rezone petitions shared access and interconnection shall be required within and to the boundary of the application under review. Should the shared access or interconnection require the removal of existing parking spaces, the applicable development will not be required to mitigate for the pa7-king spaces. The County Manager or designee shall require the shared access and interconnection unless in the professional judgment of the County Manger or designee one of the folloulrrg criteria prohibits this requirerncnt. 1. It is not ph'iwicalh7 or legally possible to provide the shared access or interconnection. 2. The cost associated >i-ith the shared access or interconnection is unreasonable. For this application unreasonable will be considered when the costs exceed the cost ofa typical local road section or is above 10'%0 of the value of the improvements being made to the development 3. The location of eiwirorunentally sensitive lands precludes it and mitigation is not possible. 4. The abutting use is found to be inconipatible itith the existing or proposed use. Staff is concerned about approving a "blanket" deviation such as this language proposes. Staff cannot adequately provide any recommendation to the CCPC or to the BCC for such a deviation because the extent of the deviation or the possible ramifications of approval are not known at this time. The ultimate use of the parcels is not known, thus the amount of required parking for which a deviation would be sought is not known. Staff cannot evaluate a deviation request unless the petitioner provides a LDC citation stating the specific parking space requirement and state what would be provided instead. Staff cannot evaluate the deviation's impacts upon the public health, safety and welfare. Staff believes that if the petitioner wishes to pursue a parking Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 6 of 8 Agenda !tern No. 8rJ' January 23, 2007 Page 15 of 64 deviation beyond what is proposed in the LDC amendment, the deviation should be addressed in another PUD amendment when specific information can be provided. Transportation Planning and Zoning staff members have discussed this issue with the agents. The petitioner's agents are not in agreement with staff's position, citing fear that either the LDC amendment will not pass, or if it does, it may be in a different form, and /or the LDC could later be amended to change the language. This petitioner would then be subject to something other than what is proposed. Staff understands the petitioner's concern with the potentially changing future regulations, but notes that staff has similar concerns with potentially significant but unknown parking space provisions. Zoning and Land Development Review staff has reviewed this deviation and recommends DENIAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health safetv and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NIM)• The agent for the applicant held the required meeting at the Italian- American Club on January 31, 2006 at 6:30 p.m. Six persons other than the developer's team and county staff attended. Several in attendance identified themselves as surrounding business owners and employees. Of those who spoke, the majority had concerns relative to traffic impacts and interconnection possibilities. Mr. Richard Yovanovich, acting agent for the property owners presented the overall conceptual site plan. Ms. Karen Bishop, acting on behalf of the developer(s), responded that a frontage road is to be constructed on both sides of Naples Boulevard, as well as possible connection improvements from Corporation Boulevard and the Industrial Park. One person objected to the request for increasing the total square footage of the current PUD, citing current traffic congestion and the potential for increased hazardous driving conditions. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUD -Z-A- 2005 -AR -8550 to the Board of County Commissioners with a recommendation that this amendment be deemed consistent with the GMP, and further that the PUD amendment be approved, with the limitations contained in the PUD document and subject to the amended DRI Development Order. Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 7 of 8 Agenda ltem No. 8D v January 23, 2007 Page 16 of 64 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 2' ). 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN. CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings Pine Air Lakes PUD, PUDZ -A- 2005 -AR -8550 December 21, 2006 CCPC Page 8 of 8 � N �cza- amps m 1oN � 7 L mom OWAMr*e v www vj" Z ILL - aivtatlam V - uvl>naw H s ~ Z bgtl axe lA!lNiBfON RAAO g "t g p GVW N01ODMAI1 NO tswn tetrad BR g o li n owl tog (Le'Uil �� s� Lii011 aatvu- laoamv � Nvrmtvo ovoa erurnd- �ao�aiv a 011d Qpy a1.GlGppp 3LOY a0C W 2� N. � tuaxy � n q p Lee'tl OvOtl JINMi91L3A7000 n � �1� �`� o� 4i vo wLU W&OWI twv'Nvvxt wfvwl amps m 1oN � 7 L a c� z z 0 N U) co co �Q Q, t .r, in o 00 O N N , N OD �1 1' • �r • OWAMr*e v www vj" Z ILL - aivtatlam V - uvl>naw H s ~ Z bgtl axe lA!lNiBfON RAAO g "t g p GVW N01ODMAI1 NO tswn tetrad BR g o li n owl tog (Le'Uil �� s� Lii011 aatvu- laoamv � Nvrmtvo ovoa erurnd- �ao�aiv a 011d Qpy a1.GlGppp 3LOY a0C W 2� N. � tuaxy � n q p Lee'tl OvOtl JINMi91L3A7000 n � �1� �`� o� 4i vo wLU W&OWI twv'Nvvxt wfvwl a c� z z 0 N U) co co �Q Q, t .r, in o 00 O N N , N OD �1 1' • �r • Agenda Item No. 8D January 23, 2007 Page 18 of 54 Exhibit A REZONE FINDINGS PETITION PUDZ -A- 2005 -AR -8550 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in -depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into their neighborhood. Finding: Staff believes the petitioner's commitments to participate in roadway improvements will offset any negative impacts upon the surrounding property owners. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro /Con: Evaluation not applicable. Findings: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro /Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as previously noted. Page 1 of 5 Agenda Item No. 8D January 23, 2007 Page 19 of 64 S. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed without this amendment adding square footage. It is the petitioner's choice to seek the proposed action. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action or at the proposed use is not contrary to the current land use policies. Con: The perceived higher intensity may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the recommended new transportation improvements and other conditions already contained in the PUD document and the DRI Development should ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP, requiring neighborhood connection because the petitioner has agreed to create provide interconnections. As noted above, the petitioner has agreed to participate in roadway improvements to offset adverse effects the perceived increased traffic may cause; therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. The GMP Transportation Element Policy that encourages interconnection to neighborhoods provides a positive effect on public safety because interconnections conserve highway capacity on collector and arterial roadways. Con: As urban intensification occurs, surrounding property owners could perceive there will be negative impacts. EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 2 of 5 Agercia Item No. 3D „anuar,', 23, 2,007 Page 20 of 4 Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub — surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro /Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply in and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: None Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values. since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 3 of 5 Agenda Item No, 8D January 23, 2007 Page 21 of 64 plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro /Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The petitioner could finish the development of the commercial PUD within the parameters of the existing PUD document and the DRI Development Order allowance. Con: None. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this amendment request proposes changes that are within the scale of the needs of the neighborhood and County. Con: Nearby property owners may object to the perceived intensification because of concerns about increased traffic congestion. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 4 of 5 Agerlua ILern No. JD January 23, 20Q7 Page 22 Of 64 Findings: Because the petitioner is seeking to amend a particular PUD to add square footage to an already approved and partially built project, this analysis is not germane in this petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro /Con: Evaluation not applicable due to existing development. Findings: Any development of this site would require considerable site alteration with the existing or the proposed zoning. 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 LDC regarding Adequate Public Facilities. Pro /Con: Evaluation not applicable Findings: A multi - disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process EXHIBIT A Rezone Findings PUDZ -A- 2005 -AR -8550 Page 5 of 5 Agenda Item No. 8D January 23, 2007 Exhibit B Page 23 of 64 PUD FINDINGS PUDZ -A- 2005 -AR -8550 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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. Pro: The nearby area is developed with industrial or commercial uses and the petitioner amendment would add additional retail square footage to the project. The existing portion of the Pine Air Lakes PUD uses have existed in seeming harmony with the neighborhood and staff does not anticipate that the amendment will change that situation. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. The petitioner has agreed to provide for any increased traffic impacts and address staff's concerns about safety regarding the increased intensity in several ways as noted below: The petitioner has agreed to provide an additional north bound right turn lane from Naples Boulevard to Airport Road, within one year of the PUD Amendment and Development Order Amendment approval if the county requests this improvement (PUD Section 7.14.E.3). The petitioner has agreed to provide an additional one (1) foot sidewalk easement shall be provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage north of Naples Boulevard, at Collier County's request within one year of the PUD Amendment and Development Order Amendment approval (PUD Section 7.14.G). The developer has agreed to the following additional Transportation conditions (PUD Sections 7.14 Q -S): At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer or at the discretion of Collier County a designated park and ride location will be required in lieu of the shelter. The exact location will be determined during site development plan review and 11411 be constructed within one year of the PUD Amendment and Development Order Amendment approval. Developer shall contribute to Collier County's SCOOT program along Pine Ridge Road to include two additional intersections in the amount not to exceed $50, 000.00. Contribution to Collier County shall be made within one year of the PUD Amendment and Development Order Amendment approval. In lieu of the annual traffic counts for the PUD monitoring requirements, the developer agrees to make a payment to Collier County to install four permanent count stations not to exceed a total of $40,000.00 as per LDC Section 10.02.13. Payment to Collier County shall be made within one year of the PUD Amendment and Development Order Amendment approval. Page 1 of 3 Agenda Item No. 0-D January 23. 2007 Page 24 of 64 The Developer agrees to coordinate the design and coordinate the construction of the interconnection to the north into the industrial park with the owner of Naples Dodge, as shown on exhibit "C ", within one year of the request of Collier County the Developer agrees to provide the appropriate easements. Con: The additional retail square footage may be viewed as having a negative impact upon transportation. Finding: The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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. Pro /Con: Evaluation not applicable. Finding: Documents submitted with the original application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components, however. FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with.the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. 4. 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. Pro /Con: Evaluation not applicable. Page 2 of 3 PUD FINDINGS PUDZ -A- 2005 -AR -8550 EXHIBIT B Agenda item No. 8D January 23, 2007 Page 25 of 64 Finding: Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petitioner has agreed to several transportation conditions as explained above. Con: The surrounding property owners may not perceive that adequate accommodations have been made to address roadway impacts. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD 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. Pro /Con: Evaluation not applicable. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The petitioner is not seeking any deviations as part of the rezoning approval. PUD FINDINGS PUDZ -A- 2005 -AR -8550 EXHIBIT B Page 3 of 3 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET ga Item Igo. 8D �arrjary 23, 2007 Page 26 of 64 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 ARPLMCATI�tQR PUB11C HR�N±GQR._ PUD -TO ixUD_REZ4N #?ICI Z�A) Q P-UR R ZONE (PUDZ} PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER f-UD Z -A - 2005 - A R -8550 PROJECT #19990038 DATE: 10/31/05 MICIIAEL BOSI APPLICANT INFORMAVI NAME OF APPLICANT(S) AIRPORT ROAD LIMITED PARTNERSHIP ADDRESS _ 800 SEAGATE DR., ;1302 _CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 - 261 -2995 CELL # FAX # 239 - 261 -4278 E -MAIL ADDRESS NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN AND JOHNSON ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 - 435 -3535 CELL # FAX # ,_.239 -435 -1218 E -MAIL ADDRESS: RYOVANOVICH(aGCJLAW 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 Bearing For PUD Rezone 6/14/04 Agenda Item No. 8D January 23, 2007 Page 27 of 64 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP CITY STATE CITY STATE ZIP CITY STATE ZIP ZIP Application For Public Hearing For PUD Rezone 6/14/04 Aoenda Item No. ED �.Jarruary 23, 2007 Page 23 of 64 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 See exhibl-t 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 Daniel Aronoff is President of Airport Road, Inc. 100% A general pgrtner of Airport Limited Partnership 100% Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8D January 23, 2007 Page 29 of 64 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 subject properly acquired ❑ leased ❑ Term of lease -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, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of inlerest form. Apptication Por PUbtic Hearing For YUD Rezone 6/14/04 Aaenda Item No. 8D Y'LOCATION1. ED 64 -PROP-MT.. ------- Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the lost six months, maximum I" to 400' scale) if required to do so of the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 1 —1/A9S 25E Lot: Block: — Subdivision: Plot Book— Page #:_ Property I.D.#. 667600 1723, 6676000274, 66760000369, 66760011.027,66760011302,66760010345,66760010303,66760002120,66760001820, 66760002065 Metes & Bounds Description: See Attached Size of propefty ft. X —ft. = Total Sq. Ft. Acres 148.99 Adch-ess/uenei•al location of subiect property: _Nest and Conti to Airport -oad, parallel to and �pprpx, 1,600 rect 110 *oX. 1,300 feet west, the boundary Jogs south ti-le-1-1-west -a-9--aill appLnx. 1,300 feet, parallel to Pine Ridge Rd. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities V71 Commercial ❑ Industrial ADJACENT, T ZONING AND U - DJACEN Zoning N_ C-A S_ Commercial E_ ROW W MMVFC55 Land use Noples Dodge Various Commercial Does the owner of the subject property owl' property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). NO Section/Township/Range _/_/ Lot: — Block: Subdivision: — fiat Book— Page 1-rOPerly ILDA#.; Application For Public blearing For PUD Rezoric 6/14/04 Proposed Use (or range of uses) of the property:_ Commercial and Retail Use Originally in 1985 Pfne Air was approved for 1.280 600 square feet A revision was approved-Lin-1 994 altering the square footaraes and uses. We are requesting to increase the square footage by 323,600 squqr2 feet Original PUD Name: Pine Air Lakes Ordinance No.: Ord #94 -25 ^' IVALUATT4N C�tI�I'i2IA 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 support of the request. PUD Rezone Considerations (LDC Section 10 02 13 B} 1. The suitability of the area for the type and pattern of development proposed in relation lo physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pine Air Lakes is an existing Mixed -Use commercial, /retail protect that lies within Collier County Regional Activity Center No. -1 3. Access is along Naples Blvd. from Airport Road to Pine Ridge Road. These roadways have been turned over to the county and all of the required water management system has been permitted through SFWMD with--approx. 80% of the total water management system either completed or under construction 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. WA Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations. "Phis proiect is located in Activity Center No. 13 where uses are suggested to be clustered. The property is located near arterials and provides relief to the North Airport Road. Since it is an approved PUD, it provides consistency with the LDC. The revision to this application will not require an amendment to the adopted local comprehensive plan, including the capital improvements element. Application For Public Bearing For PUD Rezone 6/14/04 ngenua ii @nl No. °D 4. The internal and external compatibility of proposed uses, which conditions may inclu6� nuary 23, 200,7 p y p P Page 32 of 64 restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Since Pine Air is located in an Activity Center and is surrounded by Commercial /Retail Uses it is compatible with the surrounding area 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Approx. 33 acres is reserved tot open space. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This DRI was originally approved in 1 985 so facilities were built around this area. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The DRI for Pine Air was originally approved for 1,.280,600 square feet. This application is not requesting ci.nymore square footage then preyiously approved. 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ® Yes ❑ No 9/2804 If so, what was the nature of that hearing? The DO expiration date was changed, Ivo-rlcE: This application will be considered " tion of "sufficiency" has been made and open" when the determina 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 rezoning fora eriod of sic 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Hearing For PUD Rezone 6+14104 Agenda Item No. 8D January 23, 2007 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Copies Check here If not required 24* 6--24* Completed Application (❑ Pre - Application Meeting Notes (] [g/2"4 * Legible Conceptual Site Plan 24" X 36" ❑ Conceptual Site 1/211 Plan 8 X 11" ❑ f�"24 PUD Document and Master Plan ❑ E2/1 24" x 36" Master Plan ❑ ❑ 2* Warranty Deed or Contract for Sale U 1* Owner /Agent Affidavit, signed & notarized [] ❑ 4 Environmental Impact Statement or waiver ❑ 5* Aerial Photos with Habitat Areas Identified ❑ 4 Utility Provisions Statement with Sketches Traffic Impact Statement or waiver (❑ ❑ 4 Historical Survey or waiver [� ❑ 4 Architectural Rendering of Proposed Structures [� ❑ 4 Boundary Survey, no more than 6 months old(24" x36 ") [ ❑ 4 Copies of State and /or Federal Permits E F-14 Affordable Housing Density Bonus Agreement, if applicable EK 1:9/1 Electronic Copy of PUD Document & Plans ❑ ❑ 1 Copy of Letter notifying the U.S. Postal Service of project Addressing Checklist Required Fees * One addifional copy required rf for Affordable Housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessa ibmittal information Garay result in the delay of processing this petition. I C -1 - rA�e nt A_ plicant Signature Date Application For Public Hearing For PUD Rezom 6114104 Agenda Item No, SID January 23, 2007 Page 34 of 64 EXHIBIT A PROPERTY OWNERS Airport Road Limited Partnership Sembler /Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District EXHIBIT. B A parcel or trac.t.of land lying in Section 11, Township 49 South, Range 25 East, Collier County, Florida, being - described as follows: Commencing at the Northabst' corner of Said 'Section 11, run 5 60027'47• W along tha East ling of said Section 11 a distance of 1318.86 feet; thence S 88047113" W 100.04 feet to the POINT OF BEGINNING and the wosterly right -of -way line of County Road No.31; thence continue S 86047'13" W 2654.06 feet; thence S 01005'27" E 1316.71 feet; thence S 01005118" E 1316.78 feet; thence N 8805131" E 1341.42 feet; thence N 00018'58" W 329.45 feet; thence N 880.50157" E 1245.62 feet to the Westerly right-Of-way line of County Road No.31 thence N 00027118" E along said right -of -way line 984.28 feet; thence N 00027'40" E along said right -of -way line 1318.80 feet to the.K.INT OF BEGINNING: Said parcel or tract containing- 148.99 .acrai, more or less. Subject to easements, restrictions and reservations of record. Bearings based on a bearing of N 00027'47" E on the East line of the NE4 of Section 11, Township 4.9 South, Range 25 East, Collier County, Florida. This description meets the Minimum Technical Standards as set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.027, Florida Statutes. 0 Agenda iter No. 8D . January 23. 2007 Page 36 of 04 We/I, Daniel J. Aronoff being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including: the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further thorize - Richard Yovanovich of Goodlette, Coleman and Johnson to act a our /my representative in any matters regarding this Petition. Signature of Property�ner Airport Road Limited Partnership By: Airport Road, Inc. Its: General Partner By: Daniel J. Aronoff Its: President -------------------------------- Signature of Property Owner ----------------------- - - - - -- -------------------------------- Typed or Printed Name of Owner Typed or Printed Name of Owner Agenda Item No. 8D January 23, 2007 The foregoing instrument was acknowledged before me this r �T� {� day of Page 37 of 64 September, 2005, by Daniel J. Aronoff who is personally known to me or has produced _ __ _____ __ _______ _______as identification. M I C4 iC%i State of Florida County of -Evftr 0,41 V-(- A 03) (Signature of Notary Public - State of Ror da) M Ic 64--t (Print, Type, or Stamp Commissioned Name of Notary Public) Kristine A. MacDonald Notary Public Oakland County My Commission Expires on 1011312011 Aoenda Item No. 8D January 23, 2007 LEGAL DESCRIPTION Page 38 of 64 A parcel or tract.of land lying in Section 11, Township 49 South, flange 25 East, Collier County, Florida, being described as follows: Coar:.encing at tht harthnesi corner cf said Section 11. run 5 00027'47' K along the East line of said Sactioq 11 a distinct of 1.318.86 feet; thence S 890 0'13' u 100.04 feet to the POINT OF EEGIM ING and the w sterly right-of -way line of County F44 d No.31; thence Can tinue S &4047'13' V 2654.06 feet. thence S 01005'27' E 1316.71 feet; thence S 01005'18' E I316.78 feet, thence N C8051'31' E 1341.42 fttt, thence H 00'1191 58" a 374.45 (eet; thence N &9050'57' E 1245.&2 fett to the Westerly right -of -Kay line of Cavnty 904d Ha.31:' thence H OQc27'18" C along slid right -of -Kay line 489.28 feet: thence N 00 27'40' E along said right -of -way line 1310.60 feet to the POINT OF EZUR IRG: Said parcel or tract containing - 148.99 acres. mrt or less. Subject to easementi, restrictions and reservations of record. "Bearings based on a bearing of N 00'27147" E on the East line of the NE'a of Section 11, Township 49 South. flange 25 East. Collier County, Florida. This description av-ets the Hinimum Technical Standard: as set forth by the Florida Board of Land Surveyors, pursuant to Chapter 472.OZ7, Florida Statutes. Pine Air Lakes PU uZ- A- 2005 -AR -5554 Exhibit B Agenda Item No. 8D January 23, 2007 Page 39 of 64 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS, COLLIER COUNTY, FLORIDA AMENDING OR- DINANCE NUMBER 2004 -41, AS AMENDED, TT-IE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOR- IDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICA- TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COM- MERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS PINE AIR LAKES CPUD TO ALLOW AN INCREASE IN THE MAXIMUM DEVELOPMENT AREA. THE SUBJECT 148.99 ACRES IS LOCATED ALONG THE, WEST SIDE OF AIRPORT - PULLING ROAD (COUNTY ROAD 31), PARALLEL TO AND APPROXIMATELY 1,600 FEET NORTH OF PINE RIDGE ROAD (COUNTY ROAD 896); AND ALONG BOTH SIDES OF NAPLES BOULEVARD, IN SEC- TION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94 -25, THE PINE AIR LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Airport Road Limited Partnership, represented by Karen Bishop, of P.M,S, Inc., of Naples and Richard Yovanovich, of Goodlette, Coletnan and Johnson, P.A., 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 COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planned Unit De- velopment (PUD) to Commercial Planned Unit Development (CPUD) known as the Pine Air Lakes CPUD in accordance with the CPUD Document, a €[ached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps as described in Ordinance Number 2004 -41, as amended, the Collier County Land Devel- oprnent Code, Ware hereby amended accordingly. SECTION TWO; Ordinance Number 94 -25, known as the Pine Air Lakes PUD, adopted on May 10, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety, Petition Number PUDZ- 2005 -AR -8550 Page 1 of 2 Agenda Item No. 8D January 23, 2007 Page 40 of 64 SECTION THREE: This Ordinance shall become effective upon filing with the Departtnent of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ATTEST: DWIGHT E. BROCK, CLERK 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN Approved as to form and legal sufficiency Majori&M. Student - Stirling Assistant County Attorney Petition Niunber PLJDZ- 2.005 -AIZ -8550 Page 2 of 2 Agenda Item No. 8D January 23, 2007 Page 41 of 64 PINE AIR LAKES A PLANNED UNIT DEVELOPMENT m AIRPORT ROAD LIMITED PARTNERSHIP AMENDED BY: Goodlette Coleman & Johnson 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 ORIGNINAL ORDINANCE NUMBER 85 -67 DATE ISSUED 11/12/85 DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 94 -25 PUD document from county attorney 12- 22- 06.doc TABLE OF CONTENTS SUBJECT Property Ownership and Description Statement of Compliance Project Development Office Regional Commercial Lake /Open Space Development Standards Utility Services PUD Master Plan Legal Description PUD document from county attorney 12- 22- 06.doc I SECTION Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Section "A" Exhibit "B" Agenda !tern No. 8D January 23, 2007 Page 42 of 64 Agenda item No. 6D January 23, 2007 Page 43 of 64 PROPERTY OWNERSHIP AND DESCRIPTION SECTION I 1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Air Lakes. 1.02 INTRODUCTION It is the intent of Airport Road Limited Partnership, a Florida limited partnership (here and after to be called Applicant) to amend a Planned Unit Development on approximately 150 acres of property located in northwest Collier County, Florida. 1.03 NAME The development will be known as Pine Air Lakes. 1.04 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, FL 34103 1.05 UNIFIED CONTROL The property being submitted for rezoning is under the unified control of Airport Road Limited Partnership. 1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete legal description is set forth in Exhibit "B ". 1.07 GENERAL LOCATION A. The subject property is west of and contiguous to Airport Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet west, the boundary jogs south then west again approximately 1,300 feet, parallel to Pine Ridge Road. B. Four (4) accesses to the development will be provided as conceptually depicted on Exhibit "A ". Three (3) entrances will have access from Airport Road and one (1) access will be from Pine Ridge Road, taking advantage of the existing Naples Boulevard. Pine Ridge Road is scheduled to be the primary access into western Collier County from Interstate 75. Regional access to the Pine Air Lakes development will be via Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation Corridors. Developers and property owners are 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 as described in Policy 7.1 of the Future Land Use Element. 1.08 EXISTING ELEVATION The +/- 150 acres of land which Pine Air Lakes is comprised of has an average elevation of plus 10.0 feet above sea level. 1.09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five (5) soil types as identified by the U.S.D.A. Soil Conservation Service in their report titled, "Soil Survey, PUD document from county attorney 12- 22- 06.doc 2 Agenda Item No. &D January 23, 2007 Page 44 of 64 Detailed Reconnaissance. Collier County. Florida. Series 1942. No. 8, issued March 1954. " The site is primarily composed of Keri Fine Sand approximately forty -five percent (45 %) and Charlotte Fine Sand approximately eighteen percent (18 %). The Arzell Fine Sand, Cypress Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty -seven percent (37 %) of the Pine Air Lakes CPUD site. The Ochopee Fine Sand Marl (shallow phase) is characterized by a shallow depth to rock which is typified by its exposure in the roadway Swale along Pine Ridge Road (south of the project site). 1.10 EXISTING VEGETATION The site area has been historically stripped of native vegetation and utilized for agricultural and horticultural purposes. The only remaining native vegetation exists in the cypress head areas, (this has been designated "S.T." by the County Environmentalist), approximately in the center of the southern property line. The cypress ( "S.T. ") area will be left in its natural state under the proposed Pine Air Lakes CPUD Master Plan. The historical agricultural uses of the property supports a request for waiver of the Environmental Impact Statement (E.I.S.) commonly required by the Land Development Code. The request for a waiver has been filed with the County Environmentalist. NOTE: See Benedict's Letter. 1.1 1 OPEN SPACE