HEX Agenda 01/14/2021Collier County Hearing Examiner Page 1 Printed 1/7/2021
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
January 14, 2021
9: 00 AM
Andrew W. J. Dickman, Esq., AICP
Hearing Examiner
Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing
Examiner. Persons Wishing to have written or graphic materials included in the hearing report
packets must have that material submitted to County staff at
Alexandra.Casanova@colliercountyfl.gov 10 days prior to the Hearing. All materials used during
presentation at the hearing will become a permanent part of the record.
Any person who decides to appeal a decision of the Hearing Examiner will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County
Commissioners.
Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public
comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days.
Persons wishing to receive a copy of the decision by mail may supply County staff with their name,
address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an
electronic copy of the decision may supply their email address.
January 2021
Collier County Hearing Examiner Page 2 Printed 1/7/2021
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. *** This item has been continued from the November 12, 2020 HEX Meeting, to the
December 10, 2020 HEX Meeting and further continued to the January 14, 2021 HEX
Meeting.*** PETITION NO. VA PL20190002701– CitySwitch II-A, LLC request two
variances from LDC Section 5.05.09(G)(7)(b), to reduce the eastern boundary setback of
125 feet to 60.5 feet and from the western boundary setback of 125 feet to 82.2 feet for a
proposed 250 foot communications tower on a parcel in the east ½ of the northwest ¼ of the
southwest ¼ of the northeast ¼ of the northwest ¼ of Section 15, Township 49 South, Range
27 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner]
Commissioner District 5
B. PETITION NO. BDE PL20200000537 - 164 San Salvador Street - Request for a boathouse,
pursuant to Section 5.03.06.F of the Collier County Land Development Code, and a 16-foot
boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Land
Development Code for waterways 100 feet or greater in width, to allow a boathouse and
boat docking facility with two boat slips each with a boat-lift protruding a total of 36 feet
into a waterway that is between 116 feet and 187 feet wide for the benefit of property
described as Lot 316, Isles of Capri No. 2, also described as 164 San Salvador Street in
Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John
Kelly, Senior Planner] Commissioner District 1
C. PETITION NO. VA PL20200000861 – Wawa Florida, LLC c/o Mr. Scott Gerard requests a
variance for the existing directory sign, pursuant to LDC Section 5.05.05.C.4.c.iii.e, to allow
electronic fuel pricing in place of an approved scroller gas pricing sign panel. The existing
directory sign, is located on the south side of Rattlesnake Hammock Road, approximately
600 feet east of the intersection of Tamiami Trail East and Rattlesnake Hammock Road, on
property consisting of 8.73+/- acres in Section 19, Township 50 South, Range 26 East,
Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commissioner
District 1
D. PETITION NO. CU PL20200001301 - CAT Radio Road Transfer Facility - Request to
amend an existing Conditional Use, Resolution No. 10-70, that authorized a Bus Transfer
Station as an Essential Services Government Facility pursuant to Land Development Code
Section 2.01.03.G.1.e, within the Gallman Olds PUD zoning District, by expanding the use
to allow the facility to act as a transfer station and transit hub for regional transportation
services, by removing condition 5 that permitted the transfer station use and provided
fixed-route restrictions, and by removing condition 6 that restricted bus trips, on a ±10.04
acre property located approximately 1,000 feet west of the intersection of Radio Road and
Davis Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida.
[Coordinator: John Kelly, Senior Planner] Commissioner District 3
January 2021
Collier County Hearing Examiner Page 3 Printed 1/7/2021
E. PETITION NO. CCSV PL20200000082 – Lloyd Bowein and Lurline S. Bowein request a
variance from the Coastal Construction Setback Line to allow for the construction of a pool
and deck approximately 54 feet, seaward of the Coastal Construction Setback Line, and a
fence 90 feet seaward of the Coastal Construction Setback Line, and a decked pathway 92
feet seaward of the Coastal Construction Setback Line, for property located at 10021 Gulf
Shore Drive and described as Lot 31, Block A, Re-subdivision of part of Unit No. 1
Conner’s Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East,
Collier County, Florida. [Coordinator: Craig Brown, Senior Environmental Specialist]
Commissioner District 2
F. PETITION NO. CUD PL20200001534 - A request to determine that a propane distribution
facility is a comparable and compatible use within the industrial designated area of the
Whitelake Industrial Corp. Park PUD, as authorized in section 3.2.A.36 of Ordinance 01-
59. The subject property is within the Activity Center #9 Overlay zoning district and
located between Plover Ave. and Whitelake Blvd. in Section 35, Township 49, Range 26,
Collier County, Florida. [Coordinator: Parker Klopf- Senior Planner] Commissioner
District 5
4. Other Business
5. Public Comments
6. Adjourn
01/14/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Item Summary: *** This item has been continued from the November 12, 2020 HEX Meeting,
to the December 10, 2020 HEX Meeting and further continued to the January 14, 2021 HEX
Meeting.*** PETITION NO. VA PL20190002701– CitySwitch II-A, LLC request two variances from
LDC Section 5.05.09(G)(7)(b), to reduce the eastern boundary setback of 125 feet to 60.5 feet and from
the western boundary setback of 125 feet to 82.2 feet for a proposed 250 foot communications tower on a
parcel in the east ½ of the northwest ¼ of the southwest ¼ of the northeast ¼ of the northwest ¼ of
Section 15, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Timothy Finn,
Principal Planner] Commissioner District 5
Meeting Date: 01/14/2021
Prepared by:
Title: – Zoning
Name: Tim Finn
12/28/2020 8:53 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/28/2020 8:53 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 01/04/2021 8:27 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/04/2021 5:34 PM
Zoning Ray Bellows Review Item Completed 01/04/2021 6:46 PM
Zoning Anita Jenkins Review Item Completed 01/05/2021 8:36 AM
Hearing Examiner Andrew Dickman Meeting Pending 01/14/2021 9:00 AM
3.A
Packet Pg. 4
VA-PL20190002701 (Kapok St Cell Tower)
Revised: November 3, 2020
Page 1 of 6
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: NOVEMBER 12, 2020
SUBJECT: PETITION VA-PL20190002701 (KAPOK ST CELL TOWER)
_____________________________________________________________________________
PROPERTY OWNER/CONTRACT PURCHASER/AGENT:
Owner: Applicant/Contract Purchaser:
Johannes Steffens CitySwitch II-A, LLC
542 Ethel Ave SE 1900 Century Place, Suite 320
Grand Rapids, MI 49506 Atlanta, GA 30345
Agents:
Kendal Lotze Jim Alderman Jeff Wright
Ignite Wireless J&J Wireless Consultants LLC Henderson, Franklin,
102 Mary Alice Park Rd. 6122 7th Ave W Starners & Holt, P.A.
Cumming, GA 30040 Bradenton, FL 34209 8889 Pelican Bay Blvd, Suite 400
Naples, FL 34108
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application for two variances
from the Collier County Land Development Code (LDC) Section 5.05.09(G)(7)(b), to reduce the
eastern boundary setback of 125 feet to 60.5 feet and from the western boundary setback of 125
feet to 82.2 feet for a proposed 250 foot communications tower.
GEOGRAPHIC LOCATION:
The subject property is located on a parcel in the east ½ of the northwest ¼ of the southwest ¼ of
the northeast ¼ of the northwest ¼ of Section 15, Township 49 South, Range 27 East, Collier
County, Florida. (See location map on page 2).
3.A.a
Packet Pg. 5 Attachment: Staff Report - Kapok St Cell Tower (14445 : PL20190002701 Kapok St. Cell Tower)
VA-PL20190002701 (Kapok St Cell Tower)
Revised: November 3, 2020
Page 2 of 6
3.A.aPacket Pg. 6Attachment: Staff Report - Kapok St Cell Tower (14445 : PL20190002701 Kapok St. Cell Tower)
VA-PL20190002701 (Kapok St Cell Tower)
Revised: November 3, 2020
Page 3 of 6
PURPOSE/DESCRIPTION OF PROJECT:
Per LDC 5.05.09(G)(7)(b), which provides (in part) that communications towers “shall be
separated . . . from all other surrounding property boundaries by a distance not less than one-half
(1/2) the height of the tower and its antennas, or the tower's certified collapse area, whichever
distance is greater.” Because the proposed tower is 250’ tall, the separation requirement would be
125’ (a greater distance than the tower’s certified collapse area). The petitioner is requesting a
reduction from the eastern and western boundary setbacks to situate a proposed communication
tower.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding boundaries of the subject property:
North:
Developed agricultural, with a current zoning designation of Agricultural
zoning designation with the Rural Fringe Mixed Use receiving and North Bell
Meade Overlay districts
East: Developed agricultural, with a current zoning designation of Agricultural
zoning designation with the Rural Fringe Mixed Use receiving and North Bell
Meade Overlay districts
South: Undeveloped land, with a current zoning designation of Agricultural zoning
designation with the Rural Fringe Mixed Use receiving and North Bell Meade
Overlay districts
West: Undeveloped land, with a current zoning designation of Agricultural zoning
designation with the Rural Fringe Mixed Use receiving and North Bell Meade
Overlay districts
Collier County Property Appraiser
3.A.a
Packet Pg. 7 Attachment: Staff Report - Kapok St Cell Tower (14445 : PL20190002701 Kapok St. Cell Tower)
VA-PL20190002701 (Kapok St Cell Tower)
Revised: November 3, 2020
Page 4 of 6
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located within the Agriculture Rural Fringe Receiving lands of the
County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP.
The GMP does not address individual Variance requests but deals with the larger issue of the actual
use. As previously noted, the petitioner seeks variances requesting a reduction from the eastern
and western boundary setbacks to situate a proposed communication tower. The subject use is
consistent with the FLUM of the GMP. The requested variance does not have any impact on this
property's consistency with the County's GMP.
STAFF ANALYSIS:
The request are variances from LDC 5.05.09(G)(7)(b), which provides (in part) that
communications towers “shall be separated . . . from all other surrounding property boundaries
by a distance not less than one-half (1/2) the height of the tower and its antennas, or the tower's
certified collapse area, whichever distance is greater.” Because the proposed tower is 250’ tall,
the separation requirement would be 125’ (a greater distance than the tower’s certified collapse
area). (See Attachment A – Kapok St Certified Fall Radius Letter) As indicated on the site drawing
included with this submittal, the proposed communications tower meets this 125’ distance
separation requirement with respect to the northern and southern property boundaries.
Additionally, the proposed tower is separated from surrounding property boundaries in all
directions by a distance that far exceeds its certified collapse area (i.e., it meets the lesser of the
two distance measurements provided in the LDC, in all directions). However, because the
proposed tower does not meet the greater of the two LDC distance measurements with respect to
eastern and western boundaries, a variance is necessary. More specifically the petitioner is seeking
two variances from the required 125’ separation requirement, to allow (1) for the eastern boundary,
a separation of 60.5; and (2) for the western boundary, a separation of 82.2. (See Attachment B –
Zoning Drawings, Sheet C-1 - Overall Site Plan) The LDC does allow for essential services which
includes communication towers (LDC 2.03.08.A.2.a.3.x). Per LDC Section 1.08.02, an essential
service requires that government entities such as police, fire, EMS, etc. have use of the tower for
their designated needs. The communications tower will be utilizing the First Responder Network
Authority (FirstNet) which is a nationwide wireless network broadband network that will be
dedicated to first responders for use in disasters, emergencies and daily public safety work. (See
Attachment C – FirstNet Info) Furthermore, it should be noted that the proposed tower does not
require a conditional use but is subject to this variance. (See Attachment D – Zoning Verification
Letter dated 3-17-20)
Moreover, staff has been receiving opposition letters regarding the close proximity of another
tower to be located at 550 Frangipani Avenue approximately 2065 feet east of the Kapok St site.
(See Attachment F – Opposition Letters) This 185-foot communications tower has not been built
and is currently under SDP review (PL20200000886). The residents feel that these two
communications towers will create deleterious effects upon their community. Currently, the LDC
does not have any distance separation provisions to guide staff as to how far apart one
communication tower can be from another tower. As such, staff will be amending the LDC to
address communication tower distance separation requirements in the near future. It should be
noted, that the applicant has stated that in regard to shared tower use, that there are not any towers
that would provide necessary and adequate capacity and geographic coverage area to achieve their
3.A.a
Packet Pg. 8 Attachment: Staff Report - Kapok St Cell Tower (14445 : PL20190002701 Kapok St. Cell Tower)
VA-PL20190002701 (Kapok St Cell Tower)
Revised: November 3, 2020
Page 5 of 6
emergency services objectives, and sharing another tower would not be a feasible option. (See
Attachment G – Shared Tower Use Response)
The decision to grant a variance is based on the criteria in LDC Section 9.04.03. A. through H. (in
bold font below). Staff has analyzed this petition relative to these provisions and offers the
following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes, the property is rectangular, and the proposed structure is unique (a 250’ tall essential
services communications tower) with a required 125 ft separation requirement from all
property boundaries. The proposed tower meets the separation requirement with respect to
the northern (181.9 ft separation) and southern (152.8 ft separation) boundaries. However,
the eastern (60.5 ft separation) and western (82.2 ft separation) boundaries do not meet the
125 ft separation requirement as the rectangular shape of the parcel are significantly
narrowed on the eastern and western parcel boundaries thus preventing the applicant from
complying with the 125 ft requirement.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
Yes, while the property is large enough to safely accommodate the proposed
communications tower, its rectangular shape makes it necessary to obtain variances to meet
LDC separation requirements for the eastern and western boundaries
c. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
Yes, because of the rectangular shape of this lot this would bestow an undue hardship on the
owner preventing construction of a 250-communication tower as presented in the overall site
plan. Moreover, there is a need for important essential services communications for this area.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes, the Variance proposed would be the minimum Variance to allow the reduction of the
eastern boundary setback of 125 feet to 60.5 feet and from the western boundary setback of
125 feet to 82.2 feet for a proposed 250-foot communications tower. Approval of the
Variance would not have a negative impact on standards of health, safety, and welfare of the
abutting parcels.
e. Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
3.A.a
Packet Pg. 9 Attachment: Staff Report - Kapok St Cell Tower (14445 : PL20190002701 Kapok St. Cell Tower)
VA-PL20190002701 (Kapok St Cell Tower)
Revised: November 3, 2020
Page 6 of 6
Yes, by definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 provides relief through the Variance process for any
dimensional development standard, such as the requested eastern and western boundary
setback decrease. As such, other properties facing a similar hardship would be entitled to
make a similar request and would be conferred equal consideration on a case by case basis.
f. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
The granting of the variance will be in harmony with the intent and purpose of the LDC and
will not be injurious to the neighborhood, or other detrimental to the public welfare.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
The applicant states, “Essential public services communications towers are critically
important in this fairly remote area of the County. Population in this area is less dense than
urban areas, and communications at this location can be challenging in storm and other
emergency events.” Staff concurs with this statement and further notes that currently there is
not any existing residences to the east and west of the subject property and is not within the
125-foot separation requirement.
h. Will granting the Variance be consistent with the GMP?
Approval of this Variance will not affect or change the requirements of the GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of
the Collier County Codes of Laws and Ordinances.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-
PL20190002701, Kapok St Cell Tower Variance for two variances from LDC Section
5.05.09(G)(7)(b), to reduce the eastern boundary setback of 125 feet to 60.5 feet and from the
western boundary setback of 125 feet to 82.2 feet for a proposed 250 foot communications tower.
Attachments:
A) Kapok St Certified Fall Radius Letter
B) Zoning Drawings – Revised 08/05/2020
C) FirstNet Information
D) Zoning Verification Letter dated 3-17-20
E) Application/Backup Materials
F) Opposition Letters
G) Shared Tower Use Response
3.A.a
Packet Pg. 10 Attachment: Staff Report - Kapok St Cell Tower (14445 : PL20190002701 Kapok St. Cell Tower)
5 a bre lndustries
Towers and Poles
November 18, 2019
Tim Cook
CitySwitch
1900 Century Place NE, Suite 320
Atlanta, GA 30345
RE: Proposed 250' Sabre Self-Supporting Tower for Kapok Street, FL
Dear Mr. Cook,
Upon receipt of order, we propose to design a tower for the above referenced project for an ASCE 7-
16 Ultimate Wind Speed of 160 mph, Structure Class ll, Exposure C, Topographic Category 1 in
accordance with the Telecommunications lndustry Association Standard ANSI/TlA-222-G, i'structural
Standard for Antenna Supporting Structures and Antennas".
When designed according to this standard, the wind pressures and steel strength capacities include
several safety factors, resulting in an overall minimum safety factor of 25%. Therefore, it is highly
unlikely that the tower will fail structurally in a wind event where the design wind speed is exceeded
within the range of the built-in safety ractors.
Should the wind speed increase beyond lhe capacity of the built-in safety factors, to the point of
lailure of one or more structural elements, the most likely location of the failure would be within one or
more of the tower members in the upper portion. This would result in a buckling failure mode, where
the loaded member would bend beyond its elastic limit (beyond the point where the member would
return to its original shape upon removal of the wind load).
Therefore, it is likely that the overall effect of such an extreme wind event would be localized buckling
of a tower section. Assuming that the wind pressure profile is similar to that used to design the towei,
the tower is most likely to buckle at the location of the highest combined stress ratio in the upper
portion of the tower. This would result in the portion of the tower above the failure location "folding
over" onto the portion of the tower below the failure location. Please note that this letter only
applies to the above reterenced tower designed and manufactured by Sabre Towers & Poles.
ln the unlikely event of total separation, this would result in collapse within a 100' x 100' compound.
Sincerely,
Robert E. Beacom, P.E., S.E.
Engineering Supervisor
(,.r l.1
*
grArE of
Sabre Towers and Poles . 7101 Southbridge Drive . P.0. Box 658 . Sioux City, IA 51102-0658
P: 772-258-6690 F: 772-279-08L4 W: www.SabreTowersandPoles.com
3.A.b
Packet Pg. 11 Attachment: Attachment A - Kapok St Certfied Fall Radius Letter (14445 : PL20190002701 Kapok St. Cell Tower)
Digitally signed
by Dennis Abel
Date: 2020.08.05
08:27:46 -04'00'
3.A.c
Packet Pg. 12 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
KAPOK STREET
12906066
NW 1/4, SEC. 15, T-49-S, R-27-E
COLLIER COUNTY, FLORIDA RAWLAND TOWER SURVEYPROJECT NO.
19-1586
SMW Engineering Group, Inc.FDH-NC158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.com3.A.c
Packet Pg. 13 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
NW 1/4, SEC. 15, T-49-S, R-27-E
COLLIER COUNTY, FLORIDA RAWLAND TOWER SURVEYPROJECT NO.
19-1586
SMW Engineering Group, Inc.SECTION OVERVIEW NOT TO SCALE
FDH-NC158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.comKAPOK STREET
12906066
3.A.c
Packet Pg. 14 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
NW 1/4, SEC. 15, T-49-S, R-27-E
COLLIER COUNTY, FLORIDA RAWLAND TOWER SURVEYPROJECT NO.
19-1586
SMW Engineering Group, Inc.PARENT TRACT OVERVIEW NOT TO SCALE
FDH-NC158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.com’’
KAPOK STREET
12906066
3.A.c
Packet Pg. 15 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:09 -04'00'
3.A.c
Packet Pg. 16 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:21 -04'00'
3.A.c
Packet Pg. 17 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:34 -04'00'
3.A.c
Packet Pg. 18 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:50 -04'00'
3.A.c
Packet Pg. 19 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
Digitally signed
by Dennis Abel
Date: 2020.08.05
08:29:07 -04'00'
3.A.c
Packet Pg. 20 Attachment: Attachment B - Zoning Drawings (14445 : PL20190002701 Kapok St. Cell Tower)
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3.A.d
Packet Pg. 21 Attachment: Attachment C - FirstNet Info (14445 : PL20190002701 Kapok St. Cell Tower)
info@firstnet.gov | www.firstnet.gov | 571-665-6100
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5. Why is the Network being built and operated through a public-private partnership?
The First Responder Network Authority and AT&T are modernizing and improving public safety communications by leveraging private sector
resources, infrastructure, and cost-saving synergies to deploy and operate the Network. This public-private model also helps keep costs down for
American taxpayers. To do this, Congress used the sale of communications airwaves (or spectrum) to fund FirstNet’s initial operations and help
start network deployment; the $7 billion FirstNet received in initial funding came from FCC spectrum auction revenue, not taxpayer funds.
If the federal government were to build, maintain and operate this Network, the estimated cost would be tens of billions of dollars over 25 years.
The Government Accountability Office has estimated it could cost up to $47 billion over 10 years to construct and operate the Network.
With this partnership approach, the First Responder Network Authority and AT&T do not need any additional federal funding to build and operate
the Network – it is a fully funded, self-sustaining Network. In return, America’s first responders get services far above and beyond what they have
today over a first-class broadband network dedicated to their communications needs.
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info@firstnet.gov | www.firstnet.gov | 571-665-6100
6. What are the key terms this public-private partnership?
Congress intended for the Network to be built and operated as a public-private partnership that brings together the best of the private sector,
including commercial best practices, infrastructure, and resources – with the First Responder Network Authority’s public safety expertise. This
approach will lead to a fully-funded, self-sustaining Network that will serve public safety for years to come. This business model is built upon the
efficient use of resources, infrastructure, cost-saving synergies, and incentives, including:
• 20 MHz of federally owned spectrum and $6.5 billion in initial funding to the partnership; in return AT&T will deploy and operate a nation- wide
high-speed broadband network for public safety over 25 years.
• AT&T will invest about $40 billion over the life of the contract to build, operate, deploy, and maintain the Network, and together with the First
Responder Network Authority will help ensure the Network evolves with the needs of public safety.
• AT&T can use FirstNet’s spectrum when it is not being used by public safety for other, commercial purposes. The company will prioritize first
responders over any other commercial users.
• First Responder Network Authority will oversee the contract to ensure it delivers innovation, technology and customer care to public safety through
various mechanisms, including subscriber adoption targets, milestone buildouts, disincentive fees and other mechanisms outlined in the contract.
7. What will the FirstNet Network provide first responders that they don’t have today?
Today, in emergencies and at large events, heavy public use can lead to wireless communications networks becoming overloaded and inaccessible.
In those instances, public safety users are treated the same as any other commercial or enterprise user, and communications can be limited due to
congestion and capacity issues.
With the FirstNet Network, public safety will get a dedicated “fast lane” that provides highly secure communications every day and for every
emergency. It will deliver specialized features to public safety that are not available on wireless networks today – such as priority access;
preemption; more network capacity; and a resilient, hardened connection. The Network will deliver more than just a public-safety-dedicated
wireless connection – it is also creating devices and apps ecosystems that will connect first responders to innovative, life-saving technologies.
8. How will the Network benefit first responders and help them do their jobs better?
FirstNet will improve communications, response times and outcomes for first responders from coast-to-coast, in rural and urban areas, inland and
on boarders – leading to safer, and more secure communities. The Network will provide first responders with innovation and robust capacity so
they can take advantage of advanced technologies, tools and services during emergencies, such as:
• Applications that allow first responders to reliably share videos, text messages, photos and other information during incidents in near real-time;
• Advanced capabilities, like camera-equipped connected drones and robots, to deliver images of wildfires, floods or other events;
• Improved location services to help with mapping capabilities during rescue and recovery operations; and
• Wearables that could relay biometric data of a patient to the hospital or alert when a fire fighter is in distress.
Network technology will also be tested and validated through the FirstNet Innovation and Test Lab, located in Boulder, CO, so first responders will
have the proven tools they need in disasters and emergencies.
9. What’s happening with FirstNet now?
All 50 states, five U.S. territories and Washington, D.C., have “opted in,” to FirstNet, meaning each has accepted its individual State Plan detailing
how the network will be deployed in their state/territory.
The First Responder Network Authority’s public-private partnership with AT&T provides first responders with immediate access to mission-critical
capabilities over the FirstNet network. This includes priority and preemption features that give first responders their own “fast lane” on the public
safety network to communicate and share information during emergencies, large events, or other situations when commercial networks could
become congested. FirstNet is the only broadband network to provide ruthless preemption for public safety.
Key FirstNet activities include:
Expanding the Network and Building Out Band 14: The First Responder Network Authority has issued work orders to deploy the RANs. This gave
AT&T the green light to expand FirstNet’s footprint and deploy Band 14 capacity and coverage throughout the nation, providing first responders
with the bandwidth and mission critical connections they need to communicate, share information, and use innovative technologies every day
and in every emergency.
Driving public safety innovation: FirstNet is also unlocking a new technology marketplace for public safety, enabling first responders to benefit
from advancements in innovation. The FirstNet App Catalog store will be filling up with FirstNet-approved mobile apps that are optimized for
public safety use over the Network.
Securing emergency communications: FirstNet’s first-of-its-kind core infrastructure will give first responders the dedicated, highly secure,
non-commercial network they deserve. The FirstNet Core, delivered in March 2018, provides full encryption of public safety data over FirstNet and
end-to-end cyber security. FirstNet subscribers also have access to a dedicated Security Operations Center, offering 24/7/365 support.
Engaging with public safety: The First Responder Network Authority will continue to engage with public safety in the states, territories, federal
agencies, and tribal nations to ensure the network meets their needs and incorporate their feedback in the design of future FirstNet products and
services.
10. How can I learn more?
Stay up-to-date on the First Responder Network Authority activities and the building and deployment of FirstNet at www.firstnet.gov. Follow us on
Twitter, Facebook and YouTube.
3.A.d
Packet Pg. 23 Attachment: Attachment C - FirstNet Info (14445 : PL20190002701 Kapok St. Cell Tower)
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Packet Pg. 42 Attachment: Attachment D - Zoning Verification Letter - 3-17-20 (14445 : PL20190002701 Kapok St. Cell Tower)
Johannes Steffens
CitySwitch//Ͳ͕ LLC
1900 Century Place, Suite 320 Atlanta GA 30345
(404) 857-0858
(414) 403-4927
kevin.saso@cityswitch.com
Kendal Lotze
Ignite Wireless
102 Mary Alice Park Rd Cumming GA 30040
(407) 239-0846 (Preferred) (770) 862-8089
Kendal@ignitewireless.com
ZĞǀŝƐĞĚĂƚĞ͗ϴ͘18͘ϮϬϮϬ
:Θ:tŝƌĞůĞƐƐŽŶƐƵůƚĂŶƚƐ>>
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&>ϯϰϮϬϵƌĂĚĞŶƚŽŶ
Jeff Wright
Henderson, Franklin, Starners & Holt, P.A.
8889 Pelican Bay Boulevard, Suite 400 Naples FL 34108
(239) 344-1371 (239)344-1508
jeff.wright@henlaw.com
3.A.f
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Packet Pg. 45 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
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Packet Pg. 46 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Variance
Chapter 3 J. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Pre-Application Meeting Notes 1
Project Narrative
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 2
Affidavit of Authorization, signed and notarized 2
Deeds/Legal’s 3
Location map 1
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend
included on aerial
5
Historical Survey or waiver request 1
Environmental Data Requirements or exemption justification 3
Once the first set of review comments are posted, provide the assigned
planner the Property Owner Advisory Letter and Certification 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
x Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
x Please contact the project manager to confirm the number of additional copies required.
3.A.f
Packet Pg. 47 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 6 of 6
Planners: Indicate if the petition needs to be routed to the following reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review
City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District
Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra
Emergency Management: Dan Summers; and/or
EMS: Artie Bay
School District (Residential Components): Amy
Lockheart
Other:
FEE REQUIREMENTS
Pre-Application Meeting: $500.00
Variance Petition:
o Residential- $2,000.00
o Non-Residential- $5,000.00
o 5th and Subsequent Review- 20% of original fee
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
After The Fact Zoning/Land Use Petitions: 2x the normal petition fee
Listed Species Survey (if EIS is not required): $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and the permit fee shall be submitted to:
Growth Management Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant Signature Date
__________________________________
Printed Name
x
✔
Kendal Lotze
4/10/2020
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11/14/2013
X 30 Years
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Kendal Lotze
4/10/2020
3.A.f
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PL20190002701
Parcel ID Number: 00307840002
The E1/2 of the NW1/4 of the SW1/4 of the NE1/4 of the NW1/4 of Section 15, Township 49 S, Range 27 E. in Collier County, Florida.
Kapok Street/FLC009
Parcels 19 & 20
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Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
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CitySwitch II, LLC
770-862-8089 kendal@ignitewireless.com
N/A
00307880004
00307840002
6/11/2020
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PL20190002701
00307840002
Revised Date: 8.4.2020
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Packet Pg. 55 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Collier County, FL
Zoning Division
2800 North Horseshoe Dr
Naples, FL 34104
Re: Variance Application for Wireless Telecommunications Tower
CitySwitch II, LLC
Kapok St./FLC009
To Whom It May Concern,
We are hereby applying for a Setback Variance of the required half of the tower height setback
(125ft) as required by LDC 2.03.08.A.2.a.3.x. of the Collier County Zoning Regulations in order to
construct and maintain a Wireless Telecommunications Tower on the property located at Kapok Street,
Naples, FL 34117. We are proud to say that the proposed structure will be utilized by AT&T to support
the deployment of FirstNet. If unfamiliar, in 2017 the Department of Commerce and First Responder
Network Authority (FirstNet) signed a 25-year contract with AT&T to build the first nationwide wireless
network for America’s First Responders. The FirstNet network is planned to cover all 50 states, five U.S.
territories and the District of Columbia, including rural communities and tribal lands. In 2018, CitySwitch
was honored to execute an agreement with AT&T to assist in building the infrastructure needed for the
deployment of FirstNet as well as their existing wireless network needs. Additional information on
FirstNet can be found online at https://firstnet.gov/ .
Should you have any questions regarding the application and/or supporting documents provided, please
feel free to contact Jim Alderman at 954-303-3170 or email at jjwirelessconsult@yahoo.com .
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Transforming public safety communications
The First Responder Network Authority (FirstNet) has entered into a public-private partnership with AT&T to
build the first nationwide wireless broadband network dedicated to first responders for use in disasters,
emergencies and daily public safety work.
FirstNet provides initial funding, 20 MHz of spectrum and deep public safety expertise to the partnership.
AT&T brings a proven track record and strong commitment to public safety, as well as the commercial
expertise and nationwide resources to deploy, maintain and operate the network.
This 25-year partnership offers the best overall value to America and its public safety responders – both
from an investment perspective and in terms of the lifesaving technology it will put in the hands of law
enforcement, fire and emergency medical personnel in communities across the nation.
FirstNet will serve...
FIRST
RESPONDERS COMMUNITIES THE NATION
IN
fire, police, EMS
counties, cities,
tribal, rural
ACROSS 50 states,
territories & DC
Technology first responders need to save lives, protect communities
MODERNIZED PRIORITIZED SPECIALIZED
innovative app & device ecosystem
network improvements & upgrades
commercially proven cybersecurity
solutions
emergency
communications receive
highest priority
rapid buildout
with public safety
input
nationwide public safety solutions
leveraging
existing
infrastructure
robust coverage
where public safety
needs it
connectivity for
advanced mobile data
highly available
customer care
Learn more at FirstNet.gov/mediakit
5
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info@firstnet.gov | www.firstnet.gov | 571-665-6100
TOP10 ASKED QUESTIONS FREQUENTLY
1. What is the First Responder Network Authority?
The First Responder Network Authority is the independent authority established by Congress to deliver a nationwide broadband network
dedicated to public safety. The Network is strengthening public safety users’ communications capabilities, enabling them to respond more quickly
and effectively to accidents, disasters, and emergencies.
The First Responder Network Authority is led by a Board of leaders and executives from the public safety community; federal, state, and local
governments; and the technology, finance, and wireless sectors. It has a staff of about 200 employees with expertise in public safety,
telecommunications, customer service, technology, procurement, and other areas needed to develop the Network. It is headquartered in Reston, VA,
and has a technology center and lab in Boulder, CO.
2. What led to the creation of the First Responder Network Authority?
The 9/11 terrorist attacks brought to the forefront the many communications challenges that first responders face during emergencies and
disasters. These issues were captured in the 9/11 Commission Report, which identified gaps in emergency communications and recommended a
nationwide network for law enforcement, fire, and emergency medical personnel communications.
The public safety community united to fulfill the 9/11 Commission’s recommendation. Public safety organizations and associations advocated
before Congress for a dedicated, reliable wireless network for first responders. Their advocacy efforts led to the passage of legislation in 2012 to
create the agency to deploy the Network in all U.S. states and territories, including rural communities and tribal nations.
3. How has public safety been involved in the vision for the FirstNet network?
Public safety officials have worked closely with the First Responder Network Authority since its inception in 2012 to ensure the Network meets
first responders’ needs – today and in the future. The agency’s outreach and consultation efforts have connected the organization to more than
1.8 million first responders and state public safety and technology executives across the country.
Specifically, the First Responder Network Authority has consulted extensively with state single points of contact (SPOCs) in each of the 50 U.S.
states, 5 territories, and the District of Columbia, as well as local/municipal, tribal and federal public safety leaders. It also coordinates with
public safety through the Public Safety Advisory Committee (PSAC), which provides guidance and subject matter expertise from a first responder
perspective. Public safety leaders at the national, state and local levels continue to advocate for and support deployment of the Network.
4. How was AT&T selected to build, operate, and maintain the FirstNet network?
The First Responder Network Authority and the Department of Interior made the 25-year award based on the determination of the overall best
value solution for FirstNet and public safety. The buildup to the award included a fair, competitive procurement process that began in January
2016 with release of the Network RFP.
The procurement process followed the Federal Acquisition Regulation (FAR) and encouraged offerors to provide innovative solutions that could
meet or exceed the needs of public safety.
The procurement was open to all entities, whether traditional wireless companies or new entrants, provided their proposal could meet the
RFP’s statement of objectives. AT&T was selected on a best-value award that considered financial sustainability and was based on more than
just a technically acceptable solution at the lowest cost. The evaluation of proposals assessed the offerors’ ability to submit a cost-effective and
innovative model, and to meet or exceed the 16 objectives and evaluation factors outlined in the FirstNet RFP.
5. Why is the Network being built and operated through a public-private partnership?
The First Responder Network Authority and AT&T are modernizing and improving public safety communications by leveraging private sector
resources, infrastructure, and cost-saving synergies to deploy and operate the Network. This public-private model also helps keep costs down for
American taxpayers. To do this, Congress used the sale of communications airwaves (or spectrum) to fund FirstNet’s initial operations and help
start network deployment; the $7 billion FirstNet received in initial funding came from FCC spectrum auction revenue, not taxpayer funds.
If the federal government were to build, maintain and operate this Network, the estimated cost would be tens of billions of dollars over 25 years.
The Government Accountability Office has estimated it could cost up to $47 billion over 10 years to construct and operate the Network.
With this partnership approach, the First Responder Network Authority and AT&T do not need any additional federal funding to build and operate
the Network – it is a fully funded, self-sustaining Network. In return, America’s first responders get services far above and beyond what they have
today over a first-class broadband network dedicated to their communications needs.
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6. What are the key terms this public-private partnership?
Congress intended for the Network to be built and operated as a public-private partnership that brings together the best of the private sector,
including commercial best practices, infrastructure, and resources – with the First Responder Network Authority’s public safety expertise. This
approach will lead to a fully-funded, self-sustaining Network that will serve public safety for years to come. This business model is built upon the
efficient use of resources, infrastructure, cost-saving synergies, and incentives, including:
• 20 MHz of federally owned spectrum and $6.5 billion in initial funding to the partnership; in return AT&T will deploy and operate a nation- wide
high-speed broadband network for public safety over 25 years.
• AT&T will invest about $40 billion over the life of the contract to build, operate, deploy, and maintain the Network, and together with the First
Responder Network Authority will help ensure the Network evolves with the needs of public safety.
• AT&T can use FirstNet’s spectrum when it is not being used by public safety for other, commercial purposes. The company will prioritize first
responders over any other commercial users.
• First Responder Network Authority will oversee the contract to ensure it delivers innovation, technology and customer care to public safety through
various mechanisms, including subscriber adoption targets, milestone buildouts, disincentive fees and other mechanisms outlined in the contract.
7. What will the FirstNet Network provide first responders that they don’t have today?
Today, in emergencies and at large events, heavy public use can lead to wireless communications networks becoming overloaded and inaccessible.
In those instances, public safety users are treated the same as any other commercial or enterprise user, and communications can be limited due to
congestion and capacity issues.
With the FirstNet Network, public safety will get a dedicated “fast lane” that provides highly secure communications every day and for every
emergency. It will deliver specialized features to public safety that are not available on wireless networks today – such as priority access;
preemption; more network capacity; and a resilient, hardened connection. The Network will deliver more than just a public-safety-dedicated
wireless connection – it is also creating devices and apps ecosystems that will connect first responders to innovative, life-saving technologies.
8. How will the Network benefit first responders and help them do their jobs better?
FirstNet will improve communications, response times and outcomes for first responders from coast-to-coast, in rural and urban areas, inland and
on boarders – leading to safer, and more secure communities. The Network will provide first responders with innovation and robust capacity so
they can take advantage of advanced technologies, tools and services during emergencies, such as:
• Applications that allow first responders to reliably share videos, text messages, photos and other information during incidents in near real-time;
• Advanced capabilities, like camera-equipped connected drones and robots, to deliver images of wildfires, floods or other events;
• Improved location services to help with mapping capabilities during rescue and recovery operations; and
• Wearables that could relay biometric data of a patient to the hospital or alert when a fire fighter is in distress.
Network technology will also be tested and validated through the FirstNet Innovation and Test Lab, located in Boulder, CO, so first responders will
have the proven tools they need in disasters and emergencies.
9. What’s happening with FirstNet now?
All 50 states, five U.S. territories and Washington, D.C., have “opted in,” to FirstNet, meaning each has accepted its individual State Plan detailing
how the network will be deployed in their state/territory.
The First Responder Network Authority’s public-private partnership with AT&T provides first responders with immediate access to mission-critical
capabilities over the FirstNet network. This includes priority and preemption features that give first responders their own “fast lane” on the public
safety network to communicate and share information during emergencies, large events, or other situations when commercial networks could
become congested. FirstNet is the only broadband network to provide ruthless preemption for public safety.
Key FirstNet activities include:
Expanding the Network and Building Out Band 14: The First Responder Network Authority has issued work orders to deploy the RANs. This gave
AT&T the green light to expand FirstNet’s footprint and deploy Band 14 capacity and coverage throughout the nation, providing first responders
with the bandwidth and mission critical connections they need to communicate, share information, and use innovative technologies every day
and in every emergency.
Driving public safety innovation: FirstNet is also unlocking a new technology marketplace for public safety, enabling first responders to benefit
from advancements in innovation. The FirstNet App Catalog store will be filling up with FirstNet-approved mobile apps that are optimized for
public safety use over the Network.
Securing emergency communications: FirstNet’s first-of-its-kind core infrastructure will give first responders the dedicated, highly secure,
non-commercial network they deserve. The FirstNet Core, delivered in March 2018, provides full encryption of public safety data over FirstNet and
end-to-end cyber security. FirstNet subscribers also have access to a dedicated Security Operations Center, offering 24/7/365 support.
Engaging with public safety: The First Responder Network Authority will continue to engage with public safety in the states, territories, federal
agencies, and tribal nations to ensure the network meets their needs and incorporate their feedback in the design of future FirstNet products and
services.
10. How can I learn more?
Stay up-to-date on the First Responder Network Authority activities and the building and deployment of FirstNet at www.firstnet.gov. Follow us on
Twitter, Facebook and YouTube.
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VARIANCE PETITION APPLICATION (PL20190002701)
KAPOK STREET, NAPLES, FL 34117
Parcel ID# 00307840002
PROJECT NARRATIVE & SEPARATE SHEET RESPONSES
1. A DETAILED EXPLANATION OF THE REQUEST INCLUDING WHAT STRUCTURES ARE EXISTING AND WHAT
IS PROPOSED; THE AMOUNT OF ENCROACHMENT PROPOSED USING NUMBERS, I.E. REDUCE FRONT
SETBACK FROM 25 FT. TO 18 FT.; WHEN PROPERTY OWNER PURCHASED PROPERTY; WHEN EXISTING
PRINCIPAL STRUCTURE WAS BUILT (INCLUDE BUILDING PERMIT NUMBER(S) IF POSSIBLE); WHY
ENCROACHMENT IS NECESSARY; HOW EXISTING ENCROACHMENT CAME TO BE; ETC.
Applicant is proposing to build a 250’ tall, essential services and other shared services communications
tower on the subject property (“Property”). The Property (Parcel ID #00307840002) is located within
the “agricultural” zoning designation, within RFMUD receiving and North Bell Meade Overlay Districts.
The Property is vacant and unimproved. For reference, see the Zoning Verification Letters dated Sept.
18, 2019 and March 17, 2020, which are included with this submittal.
Applicant is requesting a variance from LDC Section 5.05.09.G.7, which provides (in part) that
communications towers “shall be separated . . . from all other surrounding property boundaries by a
distance not less than one-half (1/2) the height of the tower and its antennas, or the tower's certified
collapse area, whichever distance is greater.” (Emphasis added.) Because the proposed tower is 250’
tall, the separation requirement would be 125’ (a greater distance than the tower’s certified collapse
area).
As indicated on the site drawing included with this submittal, the proposed communications tower
meets this 125’ distance separation requirement with respect to the northern and southern Property
boundaries. Additionally, the proposed tower is separated from surrounding property boundaries in all
directions by a distance that far exceeds its certified collapse area (i.e., it meets the lesser of the two
distance measurements provided in the LDC, in all directions). However, because the proposed tower
does not meet the greater of the two LDC distance measurements with respect to eastern and western
boundaries, a variance is necessary.
More specifically, Applicant is seeking a variance from the required 125’ separation requirement, to
allow (1) for the eastern boundary, a separation of 60’ (65’ less than required); and (2) for the western
boundary, a separation of 82’ (43’ less than required). If measured based on the tower’s certified
collapse area, the proposed tower exceeds applicable separation requirements: the western boundary
is approximately 46’ beyond the tower’s certified collapse area; the eastern boundary is approximately
24.7’ feet beyond the tower’s certified collapse area.
2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations,
including any dredging and filling.
Not applicable – site is unimproved, and there is no known or proposed dredging/filling.
3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner,
and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by
the criteria (a-h) listed below. Please address the following criteria:
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a) Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved?
Yes. The circumstances particular to the location and the structure are unique.
The Property is rectangular, and the proposed structure is unique (a 250’ tall essential services
communications tower). The proposed tower meets the separation requirement with respect to the
northern and southern boundaries. The eastern and western boundaries meet the LDC’s “certified
collapse area” measurement, and the nearest structures are approximately 250’ away from the
Property’s perimeter. The certified collapse area is an alternative measurement provided in the LDC
to ensure safety of nearby property and structures. This unique set of circumstances is peculiar to this
Property and proposed structure.
Additionally, the County’s code was written in 2005, and recent technological advances have made it
possible to design communications towers that can withstand hurricane force winds. In the “highly
unlikely” event of a structural failure, the proposed tower will be designed and built to buckle and fall
within a 100’ x 100’ compound (see Nov. 18, 2019 Certified Collapse Area letter included with this
submittal).
b) Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request. Yes.
While the Property is large enough to safely accommodate the proposed communications tower, its
rectangular shape makes it necessary to obtain a variance to meet LDC separation requirements for the
eastern and western boundaries.
c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship
on the applicant or create practical difficulties on the applicant. Yes. The proposed tower is a permitted
use at this location that will accommodate critically important essential services communications.
Applicant has demonstrated, through an engineer’s certification, that the proposed structure is
designed to meet the underlying purpose of the separation requirement (i.e., distance and safety with
respect to neighboring properties).
Without the variance, to enjoy the permitted use, the applicant would be required to substantially
decrease the tower’s height and effectiveness for essential services communications. It would be an
unnecessary and undue hardship to interpret the zoning code literally under these circumstances –
particularly when the proposed tower meets one of two measurements specifically articulated in the
LDC to ensure safety and protection of neighboring properties (i.e., the tower’s certified collapse area).
d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or welfare. Yes. Applicant
is proposing the minimum variance necessary to make reasonable use of the land and proposed
structure.
e) Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district. No. The
Applicant is not requesting and special privilege, and granting the requested variance will not give
Applicant any special privilege that is denied to other property in this zoning district. Communications
towers of this height are a permitted use in this zoning district, and the tower is designed to withstand
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hurricane force winds, and to buckle within a 100’ x 100’ collapse area, in the highly unlikely event of a
total structural failure.
f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
Yes. The location and nature of the proposed variance meets the intent and purpose of the LDC
separation requirement at issue: i.e., the safety of neighboring property and structures. The tower will
not be injurious or detrimental to the neighborhood or to the public, and in the unlikely event of
structural failure, the tower is designed to fall within a 100’ x 100’ certified collapse area. The outside
perimeter of the certified collapse area is located a considerable distance from neighboring land
boundaries (46.0’ to the western boundary; 24.7’ to the eastern boundary), and several hundred feet
from any neighboring structure. The tower will provide a benefit to the public, and is designed to
prevent any detrimental impacts.
g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives
of the regulation such as natural preserves, lakes, golf course, etc. Essential public services
communications towers are critically important in this fairly remote area of the County. Population in
this area is less dense than urban areas, and communications at this location can be challenging in storm
and other emergency events.
h) Will granting the variance be consistent with the Growth Management Plan? Yes.
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Aug 18, 2020
Collier County, FL
Zoning Division
2800 North Horseshoe Dr
Naples, FL 34104
RE: Review Comment Letter RV2 Cover Letter: Variance -PL20190002701; Kapok
St Cell Tower
To whom it may concern,
Please see the below Review Comment Letter dated July 30, 2020. Based on the recommendation
from Timothy Finn, I will provide an answer to each comment in the Review Comment Letter
detailing our response and answer to the requested changes that goes along with the additional
documentation being provided. My comments will be in red so that they will be easy to
distinguish from the comments from the reviewers.
July 30, 2020
Kendal Lotze
Ignite Wireless
102 Mary Alice Park Rd
Cumming, GA 30040
RE: Variance -PL20190002701; Kapok St Cell Tower
Dear Mr. Lotze:
The following comments regarding the above referenced project that was submitted on 7-1-20,
are being provided as requested. Please be aware that this is not a comprehensive list and is only
being provided as a courtesy. All reviews must be completed prior to resubmittal.
Rejected Review: Zoning Review; Reviewed By: Timothy Finn
1. REV 2: The parcel number that is illustrated is 00308760002, which is incorrect. Please revise
the parcel to 00307840002. This has been corrected on the document named ( Kapok_Owner
Affidavit of Authorization_Updated_8.4.2020 ) .
REV 1: Affidavit of Authorization - Provide the petition number (PL20190002701) and revise the
parcel number to 00307840002. Please delete references of Kendal Lotze/Ignite Wireless as this
affidavit of authorization only authorizes the property owner (Johannes Steffens) to give consent
to the contract purchaser (CitySwitch II, LLC) to act on the property owners behalf. This has been
corrected on the document named ( Kapok_Owner Affidavit of Authorization_Updated_8.4.2020
).
2. The Zoning Drawings (Sheet C-1) setbacks do not match the Project Narrative setback
numbers. In the Project Narrative & Separate Sheet responses document, in Section 1 it is
explained that the applicant is seeking a variance from the required 125’ separation requirement,
to allow (1) for the eastern boundary, a separation of 60’ (65’ less than required); and (2) for the
western boundary, a separation of 82’ (43’ less than required). However, in the Zoning Drawings,
Sheet Number C-1, the western setback is illustrated at 96'-2" and the eastern setback is
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illustrated at 74'-5". Please revise these setback numbers for both documents to be consistent with
each other. This has been corrected on the drawings named ( Kapok Street - FLC009 - Zoning -
Rev 2 - 8_5_20 ) and it now correctly matches the Project Narrative & Separate Sheet response
document.
3. Pursuant to LDC 5.05.09(D)(E) and (F) for shared tower use, please demonstrate that either
you can or can not work an arrangement for a shared tower use? Please see the Collier County
Communication Towers Map as Towers 1 and 18 are in proximity to the Kapok St Cell Tower
property. Moreover, there is a Site Development Plan (SDP) application (PL20200000886) for a
proposed cell tower to be located at 550 Frangipani Avenue located approximately 2065 feet to
the east of the Kapok St Cell Tower property. Please explain why you can't share this tower? This
has been addressed in the supplemental attached document named ( Kapok_RESPONSE TO
STAFF COMMENT_8.4.2020 ).
Rejected Review: County Attorney Review; Reviewed By: Sally Ashkar
1. Your application states that the applicant is CitySwitch II, LLC, while the affidavits of
authorization state that the applicant is CitySwitch II-A LLC. Which is correct? They both appear
to be active companies. Please reconcile and update the affidavits or application. CitySwitch II-A,
LLC is the correct applicant company and this has been corrected on the application named (
Kapok_Variance Application_Revised_8.18.2020 ).
2. What role does J&J Wireless Consultants have in this application? If they are an additional
agent, they should be listed on the application in addition to Ignite. J&J Wireless Consultants,
Ignite Wireless, Inc. and Jeff Wright are all agents of CitySwitch II-A, LLC. This has been
corrected and added onto the application named ( Kapok_Variance
Application_Revised_8.18.2020 ) and affidavit of authorization named ( Kapok_Affidavit of
Authorization_New_8.18.2020 ) .
3. Please show the measurements in your cover letter for the proposed separation for the eastern
and western boundary on your site plan. There appears to be some inconsistency between the two
documents. The separation measurements should be accurately shown on the site plan. This has
been corrected on the drawings named ( Kapok Street - FLC009 - Zoning - Rev 2 - 8_5_20 ) and
it now correctly matches the Project Narrative & Separate Sheet response document.
4. Is City Switch leasing the property from Johannes Steffens or is it a contract purchaser? Please
provide evidence of legal use of the property. CitySwitch II-A, LLC is leasing the property from
Johannes Steffens. A redacted copy of the lease agreement is provided and named ( Kapok
Street_Redacted Lease ).
GENERAL COMMENTS: [Timothy Finn]
1. Additional comments or stipulations may be forthcoming once a sufficient application
has been submitted for review. This correspondence should not be construed as a
position of support or non-support for any issues within the petition. Staff will analyze
the petition and the recommendation will be contained in the staff report prepared for
the Collier County Planning Commission (CCPC) or Hearing Examiner (Hex).
Acknowledged.
2. Please be advised that pursuant to the LDC, an application can be considered closed if
there has been no activity on the application for a period of six (6) months. That six
months period will be calculated from the date of this letter. Acknowledged.
3. Please ensure that all members of your review team that may testify before the
Hex/CCPC and the Board of County Commissioners (BCC) are registered as lobbyists
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with the county pursuant to the regulations regarding that issue. Acknowledged.
4. When addressing review comments, please provide a cover letter outlining your
response to each comment. Include a response to all comments. Acknowledged, all
comments have been addressed.
5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD
document should include a footer that reflects the project name, petition number, date
and page X of Y for the entire document. Documents without this information will be
rejected. Acknowledged, all revised documents and drawings have dates.
6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond
to ALL review comments. Acknowledged.
7. Note the adopted fee schedule requires payment of additional fees for petitions that
require more than four resubmittals; please contact the appropriate staff and resolve issues
to avoid this fee. Acknowledged.
Timothy Finn, AICP
Principal Planner
Cc: Kendal Lotze, Ignite Wireless, Sally Ashkar
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VARIANCE PETITIION APPLICATION (PL20190002701)
KAPOK STREET, NAPLES, FL 34117
PARCEL ID# 00307840002
RESPONSE TO STAFF COMMENT: TIMOTHY FINN #3
Staff comment:
Pursuant to LDC 5.05.09(D)(E) and (F) for shared tower use, please demonstrate that either you can or can not
work an arrangement for a shared tower use? Please see the Collier County Communication Towers Map as
Towers 1 and 18 are in proximity to the Kapok St Cell Tower property. Moreover, there is an Site Development
Plan (SDP) application (PL20200000886) for a proposed cell tower to be located at 550 Frangipani Avenue located
approximately 2065 feet to the east of the Kapok St Cell Tower property. Please explain why you can't share this
tower?
Response:
While we would consider any offer for another entity/provider to share the proposed tower on Kapok St., we are
not aware of any other towers that would provide necessary and adequate capacity and geographic coverage area
to achieve our objectives, and sharing another tower at another location is not a feasible option. To our
knowledge, there is no applicable separation requirement with respect to a tower at the Kapok St. location relative
to other towers in the vicinity.
As to the SDP application (PL20200000886) referenced in the staff comment, which relates to a proposed 185’
tower over 2,000 feet away from the proposed Kapok St. tower, that application was submitted on 7/27/2020,
according to the County’s website. The proposed Kapok St. tower is 250’, over 1/3 higher than the tower if the
application referenced by staff.
While the application for PL20200000886 was submitted on July 27, 2020, in the case of the Kapok St. Tower, a
preapplication meeting was first held November 12, 2019. As a result of that meeting, applicant prepared a
variance application, and a second pre‐application meeting was held on December 4, 2019 for the variance. At the
December 4, 2019 pre‐application meeting, applicant was advised (in error) that the tower use was not allowed by
right, and that a conditional use would be required.
Following a subsequent application for zoning interpretation, on March 17, 2020, staff formally determined the
use was a permitted use at this location, and that a conditional use was not required, but reiterated that a variance
would be necessary. Applicant has since filed the variance application that is presently under review.
Applicant first formally requested approval requirements for the tower in August 2019 (see ZLTR‐PL20190001999),
and has been diligently pursuing approval of the tower since then. Applicant has engaged in sincere, costly, and
diligent efforts over the past 11 months. This has included two pre‐application meetings, two ZVL’s, and
uncertainty created by erroneous “conditional use” instruction. Given Applicant’s significant efforts, the lack of any
codified tower separation requirement, the lack of any record of any tower application being filed until 7/27/2020,
and the significant investment incurred to date, it is appropriate for Applicant to move forward with its plans at
this location, which have been a matter of public record for almost a year.
Concurrent with these efforts, Applicant notified the Federal Aviation Administration (“FAA”) of its plans, and the
FAA issued a formal “Determination of No Hazard to Air Navigation” on October 23, 2019 for the proposed Kapok
St. tower. FAA notification is the industry standard for putting other would‐be tower owners on notice that there
is a tower application pending. The tower application referenced by staff (PL20200000886) has not, to our
knowledge, registered with or received any such determination from the FAA.
Date: 8.4.20203.A.f
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Digitally signed
by Dennis Abel
Date: 2020.08.05
08:27:46 -04'00'
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KAPOK STREET
12906066
NW 1/4, SEC. 15, T-49-S, R-27-E
COLLIER COUNTY, FLORIDA RAWLAND TOWER SURVEYPROJECT NO.19-1586
SMW Engineering Group, Inc.FDH-NC158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.com3.A.f
Packet Pg. 72 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
NW 1/4, SEC. 15, T-49-S, R-27-E
COLLIER COUNTY, FLORIDA RAWLAND TOWER SURVEYPROJECT NO.19-1586
SMW Engineering Group, Inc.SECTION OVERVIEW NOT TO SCALE
FDH-NC158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.comKAPOK STREET
12906066
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NW 1/4, SEC. 15, T-49-S, R-27-E
COLLIER COUNTY, FLORIDA RAWLAND TOWER SURVEYPROJECT NO.19-1586
SMW Engineering Group, Inc.PARENT TRACT OVERVIEW NOT TO SCALE
FDH-NC158 Business Center DriveBirmingham, Alabama 35244Ph: 205-252-6985www.smweng.com’’
KAPOK STREET
12906066
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Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:09 -04'00'
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Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:21 -04'00'
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Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:34 -04'00'
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Digitally signed
by Dennis Abel
Date: 2020.08.05
08:28:50 -04'00'
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Digitally signed
by Dennis Abel
Date: 2020.08.05
08:29:07 -04'00'
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Packet Pg. 79 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
KAPOK STREET12906066NW 1/4, SEC. 15, T-49-S, R-27-ECOLLIER COUNTY, FLORIDARAWLAND TOWER SURVEY PROJECT NO.19-1586SMW Engineering Group, Inc.
FDH-NC158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985www.smweng.com
3.A.fPacket Pg. 80Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
NW 1/4, SEC. 15, T-49-S, R-27-ECOLLIER COUNTY, FLORIDARAWLAND TOWER SURVEY PROJECT NO.19-1586SMW Engineering Group, Inc.SECTION OVERVIEWNOT TO SCALEFDH-NC158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985www.smweng.comKAPOK STREET129060663.A.fPacket Pg. 81Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
NW 1/4, SEC. 15, T-49-S, R-27-ECOLLIER COUNTY, FLORIDARAWLAND TOWER SURVEY PROJECT NO.19-1586SMW Engineering Group, Inc.PARENT TRACT OVERVIEWNOT TO SCALEFDH-NC158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985www.smweng.com ’’KAPOK STREET129060663.A.fPacket Pg. 82Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
June 22, 2020
BROWER ENTERPRISES LLC
5090 Tamarind Ridge Dr
Naples, FL 34119
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier C ounty for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
[Description: Parcel Number: 00307840002. The E1/2 of the NW1/4 of the
SW1/4 of the NE1/4 of the NW1/4 of Section 15, Township 49 S, Range 27
E. in Collier County, Florida. ]
It is our intent to ask the County to allow us to receive a variance for the setback distance
required for the proposed communication tower on the aforementioned property.
Additionally, the proposed tower is separated from surrounding property boundaries in
all directions by a distance that far exceeds its certified collapse ar ea (i.e., it meets the
lesser of the two distance measurements provided in the LDC, in all directions). However,
because the proposed tower does not meet the greater of the two LDC distance
measurements with respect to eastern and western boundaries, a variance is necessary.
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advi sed that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
Kendal Lotze,
(770) 862-8089
102 Mary Alice Park Rd, Suite 505
Cumming, GA 30040
kendal@ignitewireless.com
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June 22, 2020
Richard J Smith
380 Frangipani Ave
Naples, FL 34117
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier C ounty for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
[Description: Parcel Number: 00307840002. The E1/2 of the NW1/4 of the
SW1/4 of the NE1/4 of the NW1/4 of Section 15, Township 49 S, Range 27
E. in Collier County, Florida. ]
It is our intent to ask the County to allow us to receive a variance for the setback distance
required for the proposed communication tower on the aforementioned property.
Additionally, the proposed tower is separated from surrounding property boundaries in
all directions by a distance that far exceeds its certified collapse ar ea (i.e., it meets the
lesser of the two distance measurements provided in the LDC, in all directions). However,
because the proposed tower does not meet the greater of the two LDC distance
measurements with respect to eastern and western boundaries, a variance is necessary.
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advi sed that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
Kendal Lotze,
(770) 862-8089
102 Mary Alice Park Rd, Suite 505
Cumming, GA 30040
kendal@ignitewireless.com
3.A.f
Packet Pg. 84 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
June 22, 2020
Johannes Steffens
542 Ethel Ave SE
Grand Rapids, MI 49506
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier C ounty for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
[Description: Parcel Number: 00307840002. The E1/2 of the NW1/4 of the
SW1/4 of the NE1/4 of the NW1/4 of Section 15, Township 49 S, Range 27
E. in Collier County, Florida. ]
It is our intent to ask the County to allow us to receive a variance for the setback distance
required for the proposed communication tower on the aforementioned property.
Additionally, the proposed tower is separated from surrounding property boundaries in
all directions by a distance that far exceeds its certified collapse ar ea (i.e., it meets the
lesser of the two distance measurements provided in the LDC, in all directions). However,
because the proposed tower does not meet the greater of the two LDC distance
measurements with respect to eastern and western boundaries, a variance is necessary.
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advi sed that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
Kendal Lotze,
(770) 862-8089
102 Mary Alice Park Rd, Suite 505
Cumming, GA 30040
kendal@ignitewireless.com
3.A.f
Packet Pg. 85 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
June 22, 2020
ESTES FAM TRUST
18757 Aspesi Dr
Saratoga, CA 95070
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier C ounty for a
variance from the requirements of the zoning regulations as they apply to the following
described property:
[Description: Parcel Number: 00307840002. The E1/2 of the NW1/4 of the
SW1/4 of the NE1/4 of the NW1/4 of Section 15, Township 49 S, Range 27
E. in Collier County, Florida. ]
It is our intent to ask the County to allow us to receive a variance for the setback distance
required for the proposed communication tower on the aforementioned property.
Additionally, the proposed tower is separated from surrounding property boundaries in
all directions by a distance that far exceeds its certified collapse ar ea (i.e., it meets the
lesser of the two distance measurements provided in the LDC, in all directions). However,
because the proposed tower does not meet the greater of the two LDC distance
measurements with respect to eastern and western boundaries, a variance is necessary.
In order to provide you an opportunity to become fully aware of our intention, we will be
contacting you directly within the next few days or you may choose to telephone the
sender for further information. In any event, please be advi sed that we are interested in
assuring you that our request should not adversely affect your property interest.
Sincerely,
Kendal Lotze,
(770) 862-8089
102 Mary Alice Park Rd, Suite 505
Cumming, GA 30040
kendal@ignitewireless.com
3.A.f
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RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770
Phone: (231) 409-2563 • Fax: (231) 487-0726
www.rescom.org
January 2, 2020
Colleen Carroll
Ignite Wireless, Inc
102 Mary Alice Park Road, Suite 505
Cumming, GA 30040
RE: FCC NEPA Summary Report for:
Kapok
Kapok St. & Frangipani Ave.
Naples, Collier County, FL 34117
TCNS ID: 189171
Dear Ms. Carroll,
RESCOM Environmental Corp has completed a NEPA Summary Report for the above referenced
property. Based on the information presented in this report, the proposed project will have no adverse
effect upon any of the National Environmental Policy Act (NEPA) Special Interest Items referenced in 47
CFR Subpart 1, Chapter 1, Sections 1.1301-1.1319. FEMA Flood Hazard mapping shows that the area
is in a floodplain. All essential equipment must be installed at an elevation of 14 feet amsl in order
to proceed without an additional Environmental Assessment.
Thank you for the opportunity to provide this service and we look forward to working with you in the future.
If you have any questions or comments, please call our office at (231) 409-2563.
Sincerely,
RESCOM Environmental Corp
Andrew Smith
Project Manager
andrew.smith@rescom.org
RESCOM File 19080047
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Packet Pg. 103 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
TABLE OF CONTENTS
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
NEPA Summary Checklist ............................................................................................... 1
Project Overview ............................................................................................................. 2
Regulatory Summary ....................................................................................................... 2
Area of Potential Effects .................................................................................................. 2
Historic Research ............................................................................................................ 2
Site Reconnaissance ....................................................................................................... 2
SHPO Consultation ......................................................................................................... 2
Tribal Consultation .......................................................................................................... 3
Wilderness Areas & Wildlife Preserves............................................................................ 3
Threatened & Endangered Species & Critical Habitats .................................................... 3
Designated Floodplains ................................................................................................... 3
Changes to Subsurface Features .................................................................................... 3
Conclusions .................................................................................................................... 4
Attachments
A: SHPO Consultation ..................................................................................................... 5
SHPO Response ................................................................................................. 6
SHPO Submission ............................................................................................. 10
Form 620 ........................................................................................................... 12
Archaeology Report ........................................................................................... 40
Public Notice Affidavit ........................................................................................ 71
B: Tribal Consultation .................................................................................................... 72
Tribal Consultation Spreadsheet ........................................................................ 73
Final Responses ................................................................................................ 74
Notice of Organizations ..................................................................................... 94
C: Informal Biological Assessment & Maps ................................................................... 98
Informal Biological Assessment ......................................................................... 99
FEMA Flood Map ............................................................................................. 120
US Federal Lands Map ................................................................................... 121
National Scenic and Historic Trails Map .......................................................... 122
Wilderness Area Map ...................................................................................... 123
US Fish and Wildlife Service Critical Habitat Map ............................................ 124
US Fish and Wildlife Refuge/Reserves Map .................................................... 125
US National Scenic Riverway Map .................................................................. 126
Native American Reservation Map ................................................................... 127
3.A.f
Packet Pg. 104 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
NEPA/NHPA SCREENING CHECKLIST
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
Project Type:
☒ New Antenna
Facility
☐ Modification of
Existing Facility
Site Type:
☒ FCC Tower Structure
☐ Utility Structure
☐ Other Non-Tower Structure
Site ID:
Kapok
Location:
Kapok St. & Frangipani Ave.
Naples, Collier County, FL 34117
Will the facility be located in an officially designated wilderness area, per 47 CFR §1.1307(a)(1)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: NPS, USFWS & BLM
Comments: See attached documentation
Will the facility be located in a designated wilderness preserve, per 47 CFR §1.1307(a)(2)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: NPS, USFS & BLM
Comments: See attached documentation
Will the facility affect listed or proposed threatened or endangered species or designated critical habitats; or
jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the
destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior
pursuant to the Endangered Species Act of 1973, per 47 CFR §1.1307(a)(3)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: USFWS & State Equivalent
Comments: See attached documentation
Will the facility affect districts, sites, buildings, structures, or objects significant in American history, architecture,
archaeology, engineering, or culture, that are listed, or are eligible for listing in the National Register of Historic
Places, per 47 CFR §1.1307(a)(4)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: SHPO, THPO & NHOs
Comments: See attached documentation
Will the facility affect Indian religious sites, per 47 CFR §1.1307(a)(5)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: THPO, NHOs & Bureau of Indian Affairs
Comments: See attached documentation
Will the facility be located in a floodplain, per 47 CFR §1.1307(a)(6)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: FEMA
Comments: See attached documentation
Will the facility involve a significant change in surface features, per 47 CFR §1.1307(a)(7)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: US Army Corps of Engineers
Comments: See attached documentation
Will the facility be equipped with high intensity white lights in a residential neighborhood, per 47 CFR §1.1307(a)(8)?
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: Not Applicable
Comments: This category was not reviewed by RESCOM Environmental Corporation
Facilities that may result in human exposure to radiofrequency radiation in excess of the applicable safety standards
specified in 47 CFR §1.1307 (b).
Yes ☐ No ☒ N/A ☐ Consulting Agency To Contact: Not Applicable
Comments: This category was not reviewed by RESCOM Environmental Corporation
Preparer certifies that to the best of their knowledge the above information is accurate
Prepared By: Company: RESCOM Environmental
(Print name): Andrew Smith Date:
January 2, 2020
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Packet Pg. 105 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
NEPA SUMMARY REVIEW
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
PROJECT OVERVIEW:
RESCOM Environmental completed a NEPA Summary for the above referenced project to determine
potential affects to Special Interest Items 1-9 listed in 47 CFR Subpart 1, Chapter 1, Section 1.1307(a).
This NEPA Impact Assessment was performed in consideration of 47 CFR Subpart 1, Chapter 1, Sections
1.1301-1.1319 and the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas
(NPAC). CitySwitch proposes the construction of a 250’ self-supporting lattice style telecommunications
tower within a 100’ x 100’ lease area.
REGULATORY SUMMARY:
Based on CFR 36, Part 800, Subpart B of the National Historic Preservation Act and the FCC’s NPA,
new construction projects are required to be submitted for Section 106 Review to State Historic
Preservation Offices and interested Tribal Groups. Additionally, based on 47 CFR Subpart 1, Chapter 1,
Section 1.1306 (Note 1), construction of new telecommunications facilities requires a review of impacts
to the following Special Interest Items: wilderness areas, wildlife preserves, threatened and endangered
species, designated floodplains, and changes to surface features.
AREA OF POTENTIAL EFFECTS:
Based on the height of the tower and procedures outlined by the NPA, the Area of Potential Effects (APE)
for indirect visual effects is a 0.75-mile radius from the tower center. The Visual APE is largely buffered
by residential development, mature trees and agricultural development. The APE for direct effects is
limited to the subject property and leased areas.
HISTORIC RESEARCH:
State Historic Preservation Office records were reviewed to determine if any listed or eligible historic
resources exist within the APE. Additionally, RESCOM reviewed the National Register of Historic Places
(NRHP) online database and Google Earth layer to determine if any listed historic resources exist within
the APE. RESCOM identified no historic resources within the project APEs that required SHPO
evaluation. Historic resource information and photographs are included within the SHPO submission in
Attachment A.
SITE RECONNAISSANCE:
RESCOM Environmental completed a site visit to photograph the subject property, adjacent properties,
and any present historic resources within the indirect visual APE. An archaeological survey was
conducted as ground disturbing activities are associated with the proposed project and archaeological
clearance was recommended (See Attachment A).
SHPO CONSULTATION:
RESCOM consulted with the Florida State Historic Preservation Office’s (SHPO) to conduct a Section
106 Review for the proposed project. RESCOM provided a cultural resources evaluation report for
Section 106 Review to the SHPO on October 24, 2019, requesting concurrence of the “no historic
properties” determination. RESCOM received a response from the SHPO on November 22, 2019
indicating concurrence of the determination of “no historic properties.”
The SHPO consultation process allows additional consulting parties to comment on impacts to historic
resources from federal undertakings. RESCOM consulted with the appropriate jurisdiction officials as well
as a local historic preservation entity to seek comment on effects from the undertaking. Letters were
mailed to these groups on October 9, 2019, outlining the proposed project and inviting them to comment
on the potential for the proposed project to effect historic resources. RESCOM contacted the Naples
Daily News and posted a “Public Participation” ad in the paper on September 14, 2019. The proposed
project was described in detail and “questions, comments, and correspondence” were solicited from the
public regarding potential effect to historic properties. RESCOM did not receive any response from the
public concerning historic properties for this project.
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NEPA SUMMARY REVIEW
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
Per the NPA, the applicant must allow a period of 30 days for the public and all consulting parties to
provide comment on the proposed project. All requirements with respect to SHPO consultation are
complete. See Attachment A for full SHPO details.
TRIBAL CONSULTATION:
RESCOM utilized the Tower Construction Notification System (TCNS) maintained by the Federal
Communications Commission (FCC) to identify any tribal entities with interest in the area of the proposed
project. The FCC responded, assigning the project with TCNS number 189171. All tribal groups have
either responded indicating no concern with the proposed project, provided an exclusion via TCNS, or
been closed out by the FCC. Therefore, all requirements with respect to THPO consultation are complete.
All Tribal consultation documentation is in Attachment B.
All Tribes do request immediate notification should human remains or objects under NAGPRA become
uncovered during construction.
WILDERNESS AREAS & WILDLIFE PRESERVES:
RESCOM reviewed maps published by the National Forest Service, the US Fish and Wildlife Service
(USFWS), and Wilderness.net, and found no Wildlife Preserves, Wilderness Areas, National Grasslands,
National Forests, or National Scenic Trails are located at or near the subject property. Additionally, no
Wildlife Preserves, Wilderness Areas, National Grasslands, National Forests, or National Scenic Tra ils
were noted during the site visit (See Attachment C).
THREATENED & ENDANGERED SPECIES & CRITICAL HABITATS:
An informal biological assessment was conducted at the subject property to determine if habitats
necessary to support listed species or critical habitats exist at the subject property and in the immediate
vicinity. The informal biological assessment is based on visual observations of on-site conditions and
general habitats as compared to data acquired from the U.S. Fish and Wildlife Service (USFWS).
Based on information obtained from the USFWS, habitats necessary to support federally listed
threatened and endangered species do not occur at or in the vicinity of the subject property. Therefore,
the proposed project could affect any listed threatened or endangered species. In addition, there are no
designated critical habitats at or in the vicinity of the subject property (See Attachment C).
DESIGNATED FLOODPLAINS:
RESCOM reviewed flood insurance maps published by the Federal Emergency Management Agency.
The subject property is within the boundary of a designated floodplain, however, project plans are being
developed to ensure all essential equipment will be higher than 14 feet—1 foot above the mapped flood
stage of between 12 and 13 feet (See Attachment C).
CHANGES TO SURFACE FEATURES:
RESCOM reviewed a digitized National Wetlands Inventory (NWI) map compiled with data maintained
by the USFWS. Based on a review of the NWI map, the proposed project will not fall within a designated
wetland. Furthermore, the scope of project does not call for wetland fill, water diversion, or deforestation.
Therefore, the proposed project will not cause a significant change in surface features (See Attachment
C).
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NEPA SUMMARY REVIEW
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
CONCLUSIONS:
Based on information provided by the applicant, information acquired by RESCOM Environmental, and
the outcome of the SHPO, THPO, and Public consultation processes, RESCOM has determined the
proposed project will not adversely affect any of the Special Interest Items 1-9 listed in 47 CFR Subpart
1, Chapter 1, Sections 1.1301-1.1319 and the Nationwide Programmatic Agreement for the Collocation
of Wireless Antennas (NPAC). All essential equipment must be installed at an elevation of 14 feet
amsl in order to proceed without an additional Environmental Assessment.
January 2, 2020
Andrew Smith - Project Manager Date
Attachments:
A. NEPA Regulatory Checklist
B. State Historic Preservation Office Consultations
C. Native American Tribal Consultations
D. Informal Biological Assessment & Maps
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ATTACHMENT A – SHPO CONSULTATION
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
Lead SHPO: Florida State Historic Preservation Office
Secondary SHPO (If Applicable): N/A
Date of Submission: October 24, 2019
FCC E-106 File Number: 0008846179
RESCOM’s Findings: ☒ No Historic Properties in APE
☐ No Effect to Historic Properties in APE
☐ No Adverse Effect to Historic Properties in APE
Date of Response: November 22, 2019
SHPO’S Findings: ☒ No Historic Properties in APE
☐ No Effect to Historic Properties in APE
☐ No Adverse Effect to Historic Properties in APE
☐ Adverse Effect to Historic Properties in APE
☐ Conditional No Adverse Effect:
☐ Other:
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1
jill.mcdevitt@rescom.org
From:Hall, Kristen D. <Kristen.Hall@dos.myflorida.com>
Sent:Friday, November 22, 2019 4:13 PM
To:jill.mcdevitt@rescom.org
Subject:SHPO Review Comments for Kapok TCNS# 189171
SUBJECT: SHPO Section 106 Cell Tower Review
DATE: November 22, 2019
DHR Project File No.: 2019-7264
Project Name: Kapok
Telecommunications Structure: Cell Tower
Site Address: Kapok Street, Naples, Collier County, Florida
RESCOM Environmental Corp for CitySwitch
Hello,
Thank you for submitting the above-referenced project for our review in accordance with Section 106 of the National
Historic Preservation Act and the FCC Nationwide Programmatic Agreement. Based on the information provided, our
office concurs with the finding of no historic properties in the area of potential direct and visual effects. We have also
filed our comments on the FCC 106-E-file system. This email constitutes our official comments for this undertaking. We
request that the following special condition regarding inadvertent discoveries be followed:
• If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal
implements, historic building materials, or any other physical remains that could be associated with Native
American, early European, or American settlement are encountered at any time within the project site area, the
permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The
applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review
Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the
event that unmarked human remains are encountered during permitted activities, all work shall stop
immediately and the proper authorities shall be notified in accordance with Section 872.05, Florida Statutes.
Our office asks for digital copies of the survey report, Survey Log, and map of the project area, saved as separate PDFs.
These may be submitted to our office via email or mail. We ask that future survey report submissions include procedure s
to deal with unexpected discoveries (including the discovery of human remains in accordance with Chapter 872.05,
Florida Statutes).
Please contact me if you have any questions.
Best,
Kristen
Kristen Hall
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2
Historic Sites Specialist | Bureau of Historic Preservation | Division of Historical Resources | Florida Department
of State | 500 South Bronough Street | Tallahassee, Florida 32399 | 850.245.6342 | 1.800.847.7278 | Fax:
850.245.6439 |Kristen.Hall@DOS.MyFlorida.Com | dos.myflorida.com/historical
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Packet Pg. 111 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
10/30/2019 Section 106 New Filing Submitted- Email ID #4030124
https://apps.rackspace.com/versions/webmail/16.7.1-RC/popup.php?wsid=db15eb292fd04ba2bbc02f1f9111308a-2785d1634f717d8d96ae33250b47a3…1/1
Section 106 New Filing Submitted- Email ID #4030124
From:towernotifyinfo@fcc.gov
Sent:Wed, Oct 23, 2019 at 11:45 am
To:section106@rescom.org
The following new Section 106 filing has been submitted:
File Number: 0008846179
TCNS Number: 189171
Purpose: New Tower Submission Packet
Notification Date: 7AM EST 10/24/2019
Applicant: CitySwitch, LLC
Consultant: RESCOM Environmental Corp
Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: No
Site Name: Kapok
Site Address: Kapok St & Frangipani Ave
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications tower, within a 100' x 100'
lease area. Proposed project will include ground disturbance.
Site Coordinates: 26-12-36.9 N, 81-36-0.7 W
City: Naples
County: COLLIER
State:FL
Lead SHPO/THPO: Florida Division of Historical Resources
Consultant Contact Information:
Name: RESCOM Environmental Corp
Title: Architectural Historian
PO Box: 361
Address:
City: Petoskey
State: MI
Zip: 49770
Phone: 260-385-6999
Fax:
Email: section106@rescom.org
NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE
Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic
Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure
under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose.
Appropriate action will be taken with respect to any misuse of the system.
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PCut on dotted line.
Instructions
Click-N-Ship® Label Record Electronic Rate Approved #038555749Thank you for shipping with the United States Postal Service!
Check the status of your shipment on the USPS Tracking® page at usps.comSHIPTO:1. Each Click-N-Ship® label is unique. Labels are to be
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unused postage paid labels can be requested online 30 days from the print date. Carrier -- Leave if No ResponseUSPS TRACKING #$7.35500 S BRONOUGH ST # 4DR. TIMOTHY PARSONS9405 5036 9930 0147 0486 81ANDREW SMITH
RESCOM
PO BOX 5516
FORT WAYNE IN 46895-5516 9405 5036 9930 0147 0486 81 0073 5000 0053 2399PRIORITY MAIL 3-DAY™C0009405 5036 9930 0147 0486 81Mailed from 46895Total:475479934Expected Delivery Date: 10/28/190023TALLAHASSEE FL 32399-0250STATE HIST PRES OFF, ATTN: REVIEW ANDCOMPLIANCE062S000000031010/24/2019USPS TRACKING # :
10/24/2019ANDREW SMITHRESCOMPO BOX 5516FORT WAYNE IN 46895-5516Flat Rate Env10/24/2019
DR. TIMOTHY PARSONS
STATE HIST PRES OFF, ATTN: REVIEW AND
COMPLIANCE
500 S BRONOUGH ST # 4
TALLAHASSEE FL 32399-0250
$7.35
$7.35
10/28/2019
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RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770
Phone: (231) 409-2563 • Fax: (231) 487-0726
www.rescom.org
October 23, 2019
Mr. Timothy Parsons, Ph.D., SHPO Director
Division of Historical Resources
500 South Bronough St.
R.A. Gray Building, Room 305
Tallahassee, FL 32399-0250
Re: Request for Section 106 Review:
Kapok
Kapok St. & Frangipani Ave.
Naples, FL 34117
TCNS#: 189171
Dear Dr. Parsons,
RESCOM Environmental Corp is requesting a Section 106 Review for the above referenced project.
Enclosed is an FCC Form 620 with attachments summarizing RESCOM’s findings. Based upon the
observations documented within Form 620, it is RESCOM’s opinion that the proposed project will not
affect any historic properties within the APE. A conclusion of “no historic properties” is recommended
and we respectfully request your concurrence.
Should you require further information, please do not hesitate to contact our office at (260) 385-6999.
Thank you for your time and attention to this matter.
Sincerely,
RESCOM Environmental Corp
Jill McDevitt
Architectural Historian
jill.mcdevitt@rescom.org
Enclosures
cc: RESCOM file 19080047
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
QUICK REFERENCE
Form 620 ................................................................................................................. 1
Information Regarding:
Resumes ................................................................................................................. 10
Additional Site Information ....................................................................................... 10
Tribal Consultation .................................................................................................. 11
Local Government Consultation .............................................................................. 11
Public Involvement .................................................................................................. 12
Additional Consulting Parties ................................................................................... 12
Determination of Indirect and Direct APEs .............................................................. 13
Historic Resources in the Indirect Visual APE ......................................................... 14
Historic Resources in the Direct APE ...................................................................... 14
Photographs ............................................................................................................ 15
Maps ....................................................................................................................... 15
Determination of Findings ........................................................................................ 15
Supporting Documentation:
Project Drawings ..................................................................................................... 17
Topographic Map .................................................................................................... 18
National Register of Historic Places Google Earth Map ........................................... 19
Florida SHPO Map .................................................................................................. 20
Subject Property Photographs ................................................................................. 21
Local Government Consultation .............................................................................. 27
Additional Consulting Parties Documentation .......................................................... 28
Archaeology Report ................................................................................................. 29
Tribal Consultation Documentation ........................................................................... 50
Resumes – Jill McDevitt and Andrew Smith ............................................................. 57
RESUMES
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6
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7
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9
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
RESUMES
See Attachments for the resumes.
ADDITIONAL SITE INFORMATION
See Attachments for project drawings.
Project Name Kapok
Project Address Kapok St & Frangipani Ave, Naples, Collier County, FL 34117
Topographic Map Belle Meade NE, USGS 7.5 Minute Topographical Map.
Project Coordinates Latitude: N 26° 12’ 36.9”; Longitude: W 81° 36’ 00.7”
UTM Coordinates: Zone: 17, Easting: 440041, Northing: 2899107
Project Description Proposed construction of a 250’ self-supporting lattice style
telecommunications tower within a 100’ x 100’ lease area.
Access Road
Description Access via proposed driveway off of Kapok St.
Utility Lines
Description Route to nearest power/telco on site.
Additional
Construction Plans /
Impacts
None.
Impact Statement Minor ground disturbance to install footings and access drive.
Present Land Use Existing grass and tree covered parcel.
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
TRIBAL AND NHO INVOLVEMENT
See Attachments for supporting documentation related to Tribal Consultation.
RESCOM utilized the Tower Construction Notification System (TCNS) maintained by the
Federal Communications Commission (FCC) to identify any tribal entities with interest in the
area of the proposed project. The FCC responded via e-mail on September 6, 2019, indicating
the following six tribal groups were forwarded information regarding the location of the proposed
project:
• Eastern Shawnee Tribe of Oklahoma
• Miccosukee Tribe of Indians of Florida
• Muscogee Creek Nation
• Seminole Nation of Oklahoma
• Thlopthlocco Tribal Town
• Seminole Tribe of Florida
The FCC assigned this project with TCNS ID: 189171.
To date, RESCOM has not received a response from any of the above-mentioned Tribes.
RESCOM will refer non-responding tribes to the FCC for final government-to-government
consultation. All tribes do request immediate notification should human remains or objects
under NAGPRA become uncovered during construction.
LOCAL GOVERNMENT
See Attachments for supporting documentation related to Local Government Consultation.
RESCOM identified Mr. Timothy Finn, Planner for the Collier County Historical Archaeological
Preservation Board, as the Certified Local Government contact with jurisdiction in the area of
the proposed project. A letter was sent via regular mail on October 9, 2019, outlining the
proposed project and inviting comments on the potential for the proposed project to affect sites
or structures of historic significance.
To date, RESCOM has not received a response from this contact regarding the proposed
project. Any future responses will be forwarded to the Florida SHPO.
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
PUBLIC INVOLVEMENT
See Attachments for supporting documentation related to Public Involvement
RESCOM contacted the Naples Daily News and placed a public participation legal notice in the
paper on September 14, 2019. The public notice read as follows:
Notice of Initiation of the Section 106 Process: Public Participation
CitySwitch proposes the construction of a lattice style telecommunications tower
within a 100’ x 100’ lease area at Kapok St & Frangipani Ave, Naples, Collier
County, FL. Members of the public interested in submitting comments on the
possible effects on historic properties included in or eligible for inclusion in the
National Register of Historic Places may send their comments to Andrew Smith,
RESCOM Environmental Corp., PO Box 361 Petoskey, MI 49770 or call 260-
385-6999.
To date, RESCOM has not received a response from a member of the public regarding the
proposed project. Any future responses from members of the public will be forwarded to the
Florida SHPO.
ADDITIONAL CONSULTING PARTIES
See Attachments for supporting documentation related to Additional Consulting Parties.
RESCOM identified Ms. Elaine Reed, President & CEO of Naples Historical Society, as an
additional consulting party with interest in the area of the proposed project. A letter was sent to
this contact via regular mail on October 9, 2019, outlining the proposed project and inviting this
contact to comment on the potential for the proposed project to affect sites or structures of
historic significance.
To date, RESCOM has not received a response from this contact regarding the proposed
project. Any future responses will be forwarded to the Florida SHPO.
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
DETERMINATION OF AREA OF POTENTIAL EFFECTS (APE)
APE for DIRECT EFFECTS
The DIRECT area of potential effect is defined by the FCC’s Nationwide Programmatic Agreement
as being “limited to the area of potential ground disturbance and any property, or any portion
thereof that will be physically altered or destroyed by the Undertaking.”
Potential Ground Disturbance or Physical Alteration
Lease Area Access
Easement Utility Easement Misc.
Proposed construction of a 250’
self-supporting lattice style
telecommunications tower within a
100’ x 100’ lease area.
Utilize
access via
proposed
drive off of
Kapok St.
Utilize existing power
and telco sources. None.
Based on the project’s scope of work, the APE for Direct Effects is limited to the tower area. An
archaeological survey was conducted because ground disturbance will occur.
APE for INDIRECT EFFECTS
The INDIRECT area of potential effects is defined by the FCC’s Nationwide Programmatic
Agreement (NPA) as “the geographic area in which the Undertaking has the potential to
introduce visual elements that diminish or alter the setting, including the landscape, where the
setting is a character-defining feature of a Historic Property that makes it eligible for listing on
the National Register.” Based on the FCC’s NPA, the indirect APE for projects involving
telecommunications towers between 200’ and 400’ should be a 0.75-mile radius.
Area of Potential Introduction to Visual Elements
Direction Distance Geographic Area
North 0.75 mile Buffered by residential development and mature
trees.
East 0.75 mile Buffered by mature trees and agricultural
development.
South 0.75 mile Buffered by mature trees.
West 0.75 mile Buffered by mature trees.
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
HISTORIC PROPERTIES IDENTIFIED IN THE APE FOR VISUAL EFFECTS
See Attachments for supporting documentation related to Historic Resources in the Indirect
Visual APE
RESCOM consulted the following resources to determine if historic properties exist within the
indirect Visual APE which match the categories of historic properties which should be assessed
for potential impacts. The categories for consideration are defined by the FCC’s Nationwide
Programmatic Agreement as properties which are either: currently listed on, determined eligible
for listing on, or certified by the SHPO/THPO as in the process of being nominated for listing on
the National Register of Historic Places.
AGENCY RESOURCE RESULTS
NRHP Online Database – NPS Focus
http://nrhp.focus.nps.gov/
None in
APE
NRHP Google Earth Layer
http://nrhp.focus.nps.gov/natreg/docs/Download.html
None in
APE
Florida
SHPO
Florida Master Site File Search Results
Dated August 29, 2019
None in
APE
Based on the review of the above resources, there are no historic resources located in the APE
for Visual Effects that match the categories for requiring assessment of potential impacts.
HISTORIC PROPERTIES IDENTIFIED IN THE APE FOR DIRECT EFFECTS
See Attachments for supporting documentation related to Historic Resources in the Direct APE.
RESCOM consulted the following resources to determine if historic properties exist within the
Direct APE which match the categories of historic properties which should be assessed for
potential impacts. The categories for consideration are defined by the FCC’s Nationwide
Programmatic Agreement as properties which are either: currently listed on, determined eligible
for listing on, or certified by the SHPO/THPO as in the process of being nominated for listing on
the National Register of Historic Places.
AGENCY RESOURCE RESULTS
NRHP Online Database – NPS Focus
http://nrhp.focus.nps.gov/
None in
APE
NRHP Google Earth Layer
http://nrhp.focus.nps.gov/natreg/docs/Download.html
None in
APE
Florida
SHPO
Florida Master Site File Search Results
Dated August 29, 2019
None in
APE
Based on RESCOM’s review of the above resources, there are no historic resources located in
the APE for Direct Effects which match the categories for requiring assessment of potential
impacts. An archaeological survey was conducted because ground disturbance will occur.
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
PHOTOGRAPHS
See Attachments for Photographs.
MAPS
See Attachments for Maps.
DETERMINATION OF FINDINGS
Based on the review of SHPO and National Register databases and field reconnaissance
performed, there are no historic resources located within the indirect Visual APE. Therefore, the
proposed project has no historic properties located within the indirect Visual APE.
Based on the review of SHPO and National Register databases and field reconnaissance
performed, there are no historic or archaeological resources located within the Direct APE.
Therefore, the proposed project has no historic properties located within the Direct APE.
Based on the information provided in this report and the attached supporting documentation,
RESCOM respectfully requests the Florida SHPO concur with our findings of “no historic
properties” in the APE.
October 23, 2019
Jill McDevitt – Architectural Historian Date
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SECTION 106 CONSULTATION
Applicant: CitySwitch
Project Name/Number: Kapok
SUPPORTING DOCUMENTATION
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Copyright (C) 2000, Maptech, Inc.
Name: BELLE MEADE NE
Date: 8/29/2019
Scale: 1 inch equals 2000 feet
5° W
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NRHP Map
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0047
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,
IGN, and the GIS User Community
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SUBJECT PROPERTY PHOTOGRAPHS
KAPOK
Photograph 1 – Subject property, facing north.
Photograph 2 – Subject property, facing east.
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SUBJECT PROPERTY PHOTOGRAPHS
KAPOK
Photograph 3 – Subject property, facing south.
Photograph 4 – Subject property, facing west.
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SUBJECT PROPERTY PHOTOGRAPHS
KAPOK
Photograph 5 – Adjacent property, facing north.
Photograph 6 – Adjacent property, facing northeast.
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SUBJECT PROPERTY PHOTOGRAPHS
KAPOK
Photograph 7 – Adjacent property, facing east.
Photograph 8 – Adjacent property, facing southeast.
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SUBJECT PROPERTY PHOTOGRAPHS
KAPOK
Photograph 9 – Adjacent property, facing south.
Photograph 10 – Adjacent property, facing southwest.
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SUBJECT PROPERTY PHOTOGRAPHS
KAPOK
Photograph 11 – Adjacent property, facing west.
Photograph 12 – Adjacent property, facing northwest.
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RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
October 9, 2019
Mr. Timothy Finn
Planner
Historic Archaeological Preservation Boa
2800 North Horseshoe Drive North
Naples, FL 34104
RE: Section 106 Invitation per the National Historic Preservation Act and the National
Environmental Policy Act to the Certified Local Government:
Kapok
Kapok St. & Frangipani Ave.
Naples, FL 34117
Dear Mr. Finn,
CitySwitch is proposing a telecommunications project at the above address. Please consider
this correspondence an invitation to comment on the possible effects the proposed project may
have on sites or structures of historic significance. This correspondence is not an attempt to
satisfy the local zoning requirements.
Enclosed for your review is a copy of a USGS 7.5-Minute topographic map, property photographs,
site sketch and a table of information regarding the proposed project. As part of our research,
RESCOM will submit the proposed project for Section 106 review per the National Historic
Preservation Act and the National Environmental Policy Act to the State Historic Preservation Office.
In addition, a public notification was placed in the local newspaper to solicit “questions, comments,
and correspondences” from the public regarding the proposed project.
Should you require further information, please do not hesitate to contact our office or contact me
directly at (260) 385-6999. Thank you for your time and attention to this matter.
Sincerely,
RESCOM Environmental Corp
Jamie Cochran-Smith
Archaeologist/Historian
jamie.cochran-smith@rescom.org
Enclosure
cc: RESCOM file 19080047
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RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
October 9, 2019
Ms. Elaine Reed, President & CEO
Naples Historical Society
P.O. Box 201
Naples, FL 34106
RE: Section 106 Invitation per the National Historic Preservation Act and the National
Environmental Policy Act to the Local Historical Society:
Kapok
Kapok St. & Frangipani Ave.
Naples, FL 34117
Dear Ms. Reed,
CitySwitch is proposing a telecommunications project at the above address. Please consider
this correspondence an invitation to comment on the possible effects the proposed project may
have on sites or structures of historic significance. This correspondence is not an attempt to
satisfy the local zoning requirements.
Enclosed for your review is a copy of a USGS 7.5-Minute topographic map, property photographs,
site sketch and a table of information regarding the proposed project. As part of our research,
RESCOM will submit the proposed project for Section 106 review per the National Historic
Preservation Act and the National Environmental Policy Act to the State Historic Preservation Office.
In addition, a public notification was placed in the local newspaper to solicit “questions, comments,
and correspondences” from the public regarding the proposed project.
Should you require further information, please do not hesitate to contact our office or contact me
directly at (260) 385-6999. Thank you for your time and attention to this matter.
Sincerely,
RESCOM Environmental Corp
Jamie Cochran-Smith
Archaeologist/Historian
jamie.cochran-smith@rescom.org
Enclosure
cc: RESCOM file 19080047
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RESCOM Environmental Corp. • PO Box 361 • Petoskey, MI 49770
Phone: (231) 409-2563 • Fax: (231) 487-0726
www.rescom.org
ARCHAEOLOGICAL RECORDS CHECK & PHASE IA ARCHAEOLOGICAL
RECONNAISSANCE FOR THE PROPOSED KAPOK
TELECOMMUNICATIONS TOWER SITE IN COLLIER COUNTY, FLORIDA.
October 3, 2019
PREPARED FOR:
Ignite Wireless, Inc.
102 Mary Alice Park Road.
STE 505
Cumming, GA 30040
PREPARED BY:
Eric Sanchez
RESCOM Environmental Corp.
P.O. Box 361
Petoskey, Michigan 49770
(231) 409-2563
RESCOM ID: 19080047
__________________________________
Andrew M. Smith, M.A.
Principal Investigator
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INTRODUCTION
In response to a request from Ignite Wireless, Inc., RESCOM Environmental Corp., has
completed a Phase Ia archaeological reconnaissance and records check for a proposed
telecommunications tower site in Collier County, Florida (Figure 1). The project is
located approximately 12-miles northeast of Naples, Florida at 26°12'36.9"N
81°36'00.7"W in the NE ¼ of the NW ¼ of Section 15, Township 49 S, Range 27 E, as
seen on the as seen on the USGS 7.5' Belle Meade NE, FL, topographical quadrangle
(Figure 2). The project area consists of a wooded and natural grass covered location and
measures 100-ft by 100-ft for a proposed telecommunications tower site with a 351-ft by
30-ft access road to the north; approximately 0.50-acre in total (Figure 3).
RESCOM conducted an archaeological records check via the Florida Master Site File
and no archaeological sites overlapping the project area. Fieldwork was conducted on
September 25, 2019 by Jamie Cochran-Smith M.A., Ball State University 2011 and
Andrew Smith M.A., Ball State University 2010, Principal Investigator and Secretary of
Interior qualified professional archaeologist, and required 4 hours of fieldwork.
This report details the results of the records check and Phase Ia field reconnaissance
and presents the conclusions and recommendations of RESCOM concerning any
additional archaeological investigations.
Figure 1. Location of Collier County within Florida.
- Collier County
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Figure 2. Location of the project area on the 7.5’ USGS Belle Meade NE, FL, topographic quadrangle.
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Figure 3. Aerial photograph showing the project area and proposed work.
NATURAL SETTING
The project area is located in the southwest portion of the state and lies within the
Floridian Section of the Coastal Plain province of the Atlantic Plain Physiographic
Region (United States Geological Survey 2008). The landscape in this portion of the state
also referred to as the Big Cypress region is primarily flat with elevation ranging from 5-
ft to 30-ft. soils are typically poorly drained overlaying limestone, sandstones, and marls.
Vegetation in the area consists of open scrub cypress, prairie grassland, pine flatwoods,
and wetlands (Brooks 1981, Griffith et al 1997).
Soil within the project area consist of Riviera fine sand, limestone substratum, 0 to 2
percent slopes (Web Soil Survey; accessed September 17, 2019). The Riviera Series
consists of very deep, poorly drained, very slowly permeable soils formed in stratified
sandy and loamy marine sediments. Riviera fine sands are generally located on broad,
low flats, flatwoods and in depressions in Southern Florida Lowlands (USDA 2014).
Prior to Euroamerican settlement the area was primarily covered in prairies and
flatwoods, and though portions remain that way, particularly within the Big Cypress
National Preserve, large areas have been cleared for development. Many aquatic as well
as mammalian species would have been available throughout the prehistoric period.
These species would have been representative of the mixed regional fauna and could
have included any of the following: black bear, eastern cottontail, woodchuck, gray
squirrel, fox squirrel, southern flying squirrel, beaver, raccoon, white-tailed deer, coyote,
dog, grey fox, red fox, turkey, salamander, soft shelled turtle, common musk turtle,
elegant slider turtle, garter snake, blue catfish, flathead, and several mussel species
(Howell 1915).
N Project Area
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Given the environmental conditions of the project area and surrounding region, there
is the potential for the project area to contain previously unrecognized archaeological
sites. The following sections describe previous research conducted in and near the project
area and provide a general background of regional prehistory.
CULTURAL HISTORY
Florida’s history is long and complex, extending back at least 10,500 years and possibly
further. Among the many people who have shaped its past are historic tribes as well as
groups with and without historic tribal connections, including prehistoric groups,
European explorers and settlers, and others. Florida’s prehistory conforms well to what is
generally known about the prehistory of much of the southeastern US with major cultural
stages that include Paleo-Indian, Archaic, Woodland, Mississippian, Protohistoric, and
Historic periods. For the purposes of this report, chronological sequences have been
adapted from Bense (1994).
Paleoindian Period (~30,000-11,500 BP)
The Paleoindian period represents the earliest known occupation of North America by
Native Americans. Paleoindian groups rapidly dispersed across a wide range of
environments (Surovell 2000). These populations settled a dynamic landscape
undergoing rapid climatic and environmental changes, which led to the retreat of the
continental ice sheets northwards and increasing summer isolation (Haynes 1982; Shane
1994). It is generally thought that early Paleoindian groups were highly mobile, widely
scattered, lightly equipped opportunists that lived in small, egalitarian bands (Drago
1976: 9; Fitting 1975: 38; Mason 1981: 82; Wright 1995: 50). They moved on a seasonal
basis to more fully exploit a wide range of animal and plant resources while also in
pursuit of large herd animals.
Although subject to increasing scrutiny, the Clovis period is regarded by most
archaeologists as the earliest, or at least one of the earliest, known occupation(s) of the
North American continent by Native Americans. The original Clovis hypothesis posited
that groups of hunter-gatherers followed the Bering Land Bridge into North America
roughly 11,500-12,000 years ago and rapidly dispersed across the mid-continent. Their
degree or magnitude of mobility is shown by the fact that fluted points (Clovis, Folsom,
and others) have been discovered hundreds of kilometers from where the raw materials
were procured and where they were supposedly manufactured (Tankersley 1990, 1994;
Tankersley et al. 1990).
One of the key problems with the Clovis hypothesis, however, stems from a dearth of
evidence for Clovis occupation in those same regions where researchers would expect to
see evidence of Clovis culture arise first and more fully (Dillehay 2000; Dixon 1999).
This has led most archaeologists to consider other modes of mobility and regard the
peopling of North America as complex and multidirectional. Even so, most arguments
against pre-Clovis occupation place into question the reliability and consistency of
radiometric dates, note the lack of a clear, widespread pre-Clovis stratigraphy and related
material culture, and the cite the lack of corroborating data from other, interdisciplinary
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studies (Hofman 1989: 26). Currently, there is no evidence for possible pre-Clovis
occupations in Florida.
Clovis Complexes/Early Paleoindian (ca. 11,500-11,000 BP)
Paleoindian settlement-subsistence strategies responded to environmental changes that
characterize the Late Pleistocene. Although Paleoindian settlement patterns are poorly
understood, Tankersley (1994:11) argues that such patterns shifted from landforms with
relatively low relief and open habitats to landforms characterized by more rugged terrain
and closed habitats. He has proposed an Early Paleoindian specialized hunter settlement
model based on the recognition of big game-related and lithic procurement-related
activities. Specifically, Early Paleoindian sites appear restricted to areas that attracted and
concentrated large migrating herd mammals, which included shallow river crossings,
kettle lakes, saline springs, marshes, sinkhole ponds, and sandy terraces of major streams
that created open vegetation patches. Also, they may be concentrated along overlooks
(e.g., crests of moraines) of riverine (aquatic and wetland) habitats and in proximity to
lithic outcrops (i.e., in the glaciated regions, lithic resources occur primarily in various
unconsolidated secondary deposits).
It is generally thought that Early Paleoindian groups were highly mobile (nomadic),
widely scattered, lightly equipped opportunists that lived in small egalitarian bands
(Dragoo 1976:9; Fitting 1975:38; Mason 1981:82; Wright 1995:50). They moved on a
seasonal basis to more fully exploit a wide range of animal and plant resources while also
in pursuit of large herd animals like mammoth and bison (Fagan 1991: 77; O’Brien and
Wood 1998: 34-35, 39). Their degree or magnitude of mobility is shown by the fact that
fluted projectile points (Clovis, Folsom, Dalton, and others) have been discovered
hundreds of kilometers from where the raw chert materials were procured and where they
were supposedly manufactured (Tankersley 1990, 1994; Tankersley et al. 1990). In
Florida, the majority of Paleoindian points have been recovered along eroded deposits
with little or no provenience data available (White 2002: 12).
The specialized hunting of large migratory herbivore prey required a small, efficient
toolkit consisting of bifacial and flake knives, a variety of scrapers, gravers, burin-like
tools including wedges, spoke-shaves, drills, hammerstones, billets (made of antler, bone,
ivory, or wood), blades struck from specially prepared polyhedral chert cores, and fluted
projectile points that could easily penetrate thick, tough animal hides (Mason 1981:86;
Tankersley 1990:9, 1994:96). During the time period of 11,000-10,000 BP, the eastern
U.S. experienced a climatic shift from frigid, boreal-like forests to warmer, deciduous
forests. This gradual shift to a warmer, wetter climate coincides with evidence of the
earliest occupation of the Piedmont Plateau in Florida, particularly near the Fall Line,
though full occupation does not arise until the Late Paleoindian period. Subsistence
patterns remained focused on large mammals during the Late to Middle Paleoindian
transition, which is clearly reflected by the continued persistence of utilitarian chipped
stone tool technologies.
Paleoindian components and sites in Florida are far more common than in other
portions of the American southeast. Some of the most notable sites in Florida from the
Middle to Late Paleoindian or Paleo-Archaic transitional periods in Florida include the
Page-Ladson site in northwestern Florida (Dunbar 2014), the Vero Man site near Vero
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Beach (Viegas 2011), the Devil’s Den site near Williston, the Melbourne site along Crane
Creek, and the Warm Mineral Springs site near North Port (Purdy 2008), among others.
No large kill sites have been identified in the state, though some isolated point finds may
be interpreted as individual kill sites (Anderson et al. 1996: 61).
Middle Paleoindian (ca. 11,000-10,500 BP)
During the Middle Paleoindian period, the people inhabiting Florida began to settle in,
particularly in places where food was abundant. Our understanding of these later Paleo-
Indian cultures is, unfortunately, largely incomplete. A shift toward smaller, fluted points
and unfluted lanceolates is evident from sites throughout the southeast, which likely
indicates a shift in subsistence patterns as large game animals became increasingly scarce
and people began to rely on smaller game. Paleoindian social structure appeared to be
uniformly egalitarian. There is no evidence of social stratification found in the few
burials that date to this period in the southeast. Ritual or ceremonial evidence from this
period is even more scant and therefor difficult to interpret.
Late Paleoindian (10,500-10,000 BP)
The Late Paleoindian period is characterized by very gradual cultural change coinciding
with the terminal period of the Pleistocene and the transition to a warmer, wetter
Holocene climate and the start of the Archaic period around 8,000 BP. Earlier Clovis
points were gradually displaced by the Beaver Lake, Mariana, and Cumberland points,
and Hardaway lanceolates in Florida and denote the Paleoindian-Archaic transition. This
change probably also reflects a shift in subsistence from mammoth and other mega-fauna,
which at that point were nearly extinct, to hunting deer, and other mid-sized mammals
exclusively. Dalton points also appear during the Late Paleoindian period, but their
distribution, while exhibiting some variation regionally, encompasses nearly the entirety
of the eastern half of the United States.
Environmental changes more in-line with modern conditions seem to have brought
about changes in mobility. Occupations during this late period are characterized by small,
short-term camps and “disposable” or “expedient” tool kits, generally fashioned out of
broken points and reflect systems increasingly adapted to foraging (Binford 1980). The
location and exploitation of lithic and other natural resources likely played an important
role in Paleoindian people’s decisions about where to establish occupations and mobility
between these sites. An increasing reliance on local resources established a pattern of
seasonal use and mobility that is clearly reflected in the Archaic period.
Early Archaic Period (10,000-8000 BP)
The Archaic period in Florida marks a subtle but increasingly obvious departure from the
past and is largely associated with increasing sedentism, population size, and social
complexity. It is also characterized by new and diverse lithic technologies and
subsistence practices. Point types like Taylor, Bolen, Eva, Hardin and Palmer come into
production, indicating new approaches to fastening and using these tools and weapons as
evidenced by their notching. The introduction of the atlatl and dart certainly indicate
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changes in hunting methods and prey. With the extinction of mega-fauna, smaller game
like deer, birds, fish, turtles, and squirrels become dietary staples during the Early
Archaic period, necessitating these smaller projectile points and darts. There is also a
marked increase in the number of plant food processing during this period, as well as the
additional exploitation of coastal resources. O’Steen’s research (1983: 68-69, 99)
demonstrates that Early Archaic site density near the Ocmulgee river was highest in areas
of greatest resource density and diversity, further promoting the link between populations
and resources.
Social changes followed on the heels of these wide-ranging climatic changes and new
resource procurement strategies. The size and membership of groups may have fluctuated
significantly during this period of intense ecological change, depending on seasonality
and other factors. Bands of hunters-gatherers lived throughout Florida, following
resources as they became available or were used up. The Russell Cave site in northern
Alabama is an example of such an Archaic period, seasonally occupied campsite (White
2002: 26-28). The stabilization of the climate made for optimal conditions for the
expansion of coastal ecosystems, which led to increased exploitation (and reliance upon)
these resources. As Anderson and Hanson (1988) have noted, large drainage systems may
have served subsistence/resource needs, while social interaction (ceremonial, formal and
informal exchange, mating, etc.) may have operated along and across watershed
boundaries. These findings paint a picture of incredible human (and non-human)
interaction on a dynamic landscape.
Middle Archaic Period (8000-5000 BP)
The Middle Archaic coincides with the apogee of the Altithermal, or Climactic Optimum,
which brought severe drought to most of the Central US and led to warmer, drier
conditions in the Southeast. Forests in Florida shifted toward pine and away from oak and
hickory, with those latter varieties receding farther north into the Piedmont Plateau area.
Native Americans in Florida started producing stemmed points, including Morrow
Mountain, Guilford, Benton, Putnam, Smith, and Stone square-stemmed points (White
2002: 28). Flake tools are common, as are ground stone tools (probably for plant
processing). It appears, based primarily on lithic evidence, that Middle Archaic people
became more settled than their Early Archaic predecessors, perhaps a result of reduced
territorial movement. Stone tools become increasingly made from local materials,
suggesting a preference for nearby resources. Likewise, subsistence strategies tended to
favor hunting, gathering, and foraging of local resources. Despite the increase in
sedentism during this period, there are no known evidence for long-term habitation in
Florida during the Middle Archaic.
Late Archaic Period (5000-3000 BP)
The extreme conditions of the Altithermal began to diminish around 3500 BP, leading to
widespread and often significant developments throughout the Southeastern US. As
wildlife population became more robust within the previously parched landscape, groups
adopted broad-spectrum hunting, gathering, and collecting. Around the same time, the
character of prehistoric communities in the eastern US begin to change. Populations
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become larger and trading became increasingly prevalent, notably in conjunction with the
rise of Poverty Point in northeast Louisiana. Groups in the Southeastern US would seem
to have started becoming even more seasonally sedentary as evidenced by a more
intensive use of local, seasonal resources and the extensive reuse of earth ovens and
cooking pits (Wyckoff and Brooks 1983: 15) even as riverine trade and a taste for exotic
goods, perhaps facilitated by trade with Poverty Point peoples, was growing.
Subsistence practices largely continued as they had from the Middle Archaic, with
diversified medium and small game hunting as well as reliance on riverine and coastal
resources and plant foods, squash, beans, and nuts. The decline of Poverty Point (~ 3100
BP) was probably felt in Florida, especially in the western part of the state, in the form of
diminished trade, as exchange networks that had been built up throughout the eastern US
diminished with the site’s abandonment. Artifacts associated with this period include
large stone knives, darts, spear points with stemmed hafts, soapstone bowls and cooking
slabs, atlatl weights, metates, and stone drills. Stemmed points (Stanley, Morrow
Mountain, Guilford, Savannah River) replaced notched varieties, and cultural patterns
between the Piedmont region and the Coastal Plain began to diverge. Late Archaic
assemblages in Florida include Horr’s Island at the southern-most tip, Norwood along the
Gulf Coast, and Mount-Taylor-Orange along the Atlantic Coast. The earliest evidence for
long-term habitation appears during this period as well, in the form of oval-pit houses and
larger wattle and daub structures. The dead were cremated and/or buried, though, as in
previous periods, there is no indication of social stratification or status evidenced through
burials.
Shell rings (or shell middens) were a novel development among people living on
coastal settlements during the Late Archaic, which were built up over the span of
generations. These rings are usually formed from deposits of shell, bone, soil, and
artifacts, which, in some instances, were over ten feet thick. While there is much debate
over what these rings represent, there is at least moderate consensus among
archaeologists that they were, minimally, places of daily habitation (Thompson and
Andrus 2011: 315; Thompson and Turch 2009: 268). Another novel development in
Florida is the production and/or exchange of pottery (Anderson 1995: 160). Pottery from
this area is the oldest known example of prehistoric pottery in the United States.
Early Woodland (3000-2000 BP)
The Woodland period is generally associated with the fluorescence of pottery,
agriculture, and social stratification. Early Woodland peoples in Florida appear to have
continued with life as they had in the Late Archaic. House patterns remained circular,
generally arranged around a plaza. Subsistence was still largely based on small to
medium-sized game and foraging/gathering, though evidence for early horticulture dates
to this period. Some traditions were modified, such as ceramic bowls that were made with
new tempers and occasionally decorated with fabric impressions or grooved patterns and
designs. Projectile points like Big Sandy, Bolen, Neuberger, Wade, and Stanley types
replace older Late Archaic types. Other facets of cultural life in the Woodland period
appear to be completely new. Most notably, burials appear to have been accompanied by
greater ceremonialism and, increasingly, the period witnesses the development of clearly
elite burials accompanied by ceramics and other goods.
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Shell ring sites, which flourished during the Late Archaic, were abandoned in the
Early Woodland, likely due to rise in sea level and flooding events. In the eastern US, the
Woodland period is associated with the rise of the Hopewell Interaction Sphere. The
Hopewell phenomenon is known from data collected primarily from the lower Illinois
River valley and the Scioto and central Ohio River valleys of southern Ohio. The trends
of the preceding time periods continue with increasing sedentism, population growth,
horticultural intensification, and investment in mortuary ceremonialism involving stone-
lined mound construction and a diverse assemblage of exotic ceremonial artifacts (Brose
and Greber 1979). The Hopewell Interaction Sphere was vast, stretching from what is
modern day Ontario, Canada to the Gulf Coast of Texas. To the West, Hopewell reached
as far as eastern Kansas.
Evidence of Hopewell influence is fairly abundant in Northern Florida. A more
significant influence in the southern part of the state is the Pre-Glades culture. The Gulf
Deptford phase along the Gulf Coast of Florida dates to the Early Woodland. Older yet is
the Norwood phase along the same region as the Gulf Deptford. The St John’s Phase was
located along the Atlantic Coast.
Middle Woodland (2000-1600 BP)
The Glades culture was the dominant cultural presence throughout southern Florida.
Glades culture is a continuation of earlier Pre-Glade cultures, and its material culture is
characterized pottery tempered with sand, grit, and grog and designed made using cords,
fabric, and brushing (Bense 1994: 137-140). Lithics within the Carolinas and Tennessee
show a shift from small, square-stemmed stone points to triangular, concave base points.
Lithics within Florida remained stemmed triangular-blade points along with the Flint
Creek types Mound building (including burial mounds) is also common to Swift Creek
and other peoples in Florida and throughout the Southeast, much more so in Middle-Late
Woodland and later Mississippian periods than in previous Archaic sub-periods (Dumas
2015).
Other parts of the state exhibit different cultural spheres. Swift Creek culture
dominated in northern-most Florida. In the Atlantic coastal region, the Middle Woodland
is synonymous with St. Johns Ia culture, while Manasota culture characterized the Gulf
Coast. Santa Rosa Swift Creek Culture could be found in the far western portion of the
state. In each of these areas, Hopewell culture influenced both the structure of local
communities, their burial practices, and even their investments in horticulture. Hopewell
influence was pervasive and lasted well into the Late Woodland period.
Late Woodland (1600-1200 BP)
Populations (and settlements) grow significantly during the Late Woodland period and
bow and arrow technology gains dominance over earlier atlatl technology—though it
does not completely displace it until well into the Late Woodland. A number of cultural
complexes arise in Florida at this time, including Glades in the southern part of the state,
St John’s II along the Atlantic Coast, and Weeden Island along the Gulf Coast and into
the eastern portion of the state (Bense 1994: 162-181).
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Projectile points from this period reflect the transition to bow-and-arrow and are
correspondingly thinner and smaller. Common point types include Broward stemmed and
expanding stemmed types, Cooley contracting stem, Duval sub-types, Florida Copena
Triangular types, and Yadkin and Leon types. A growing reliance on domesticated plant
foods and horticulture does not displace hunting and fishing for food, but it does set the
stage for Early Mississippian agriculture and a new social order that develops with and
from it.
Late Prehistoric/Mississippian Period (1200-400 BP)
In the Eastern US, this period is described broadly as the Mississippian, and certain
developments in Florida reflect local manifestations of Mississippian influence as well as
resistance to that influence. The Mississippian Period is distinguished by the rise of
chiefdom-level social organization in the mid-continent. These “emergent” Mississippian
polities tended toward a highly integrated site-size hierarchy and ranked societies
integrated into a complex socio-religious order and trade/surplus networks fueled by
farming and surplus (Pauketat 2009). This period witnessed the revitalization and
extension of vast trade networks of “exotic” goods vis-à-vis Cahokia, the largest and
most influential of the Mississippian polities. Trade and migration extended to and from
Oneota populations to the north and South and West into Caddo territories; Southeast into
Gulf Coast Plaquemine, and Appalachian lands and East into Fort Ancient communities-
a vast area known as the Southeastern Ceremonial Complex. Lithic production became
increasingly specialized, crafted for optimum effect in hunting and warfare as evidenced
by a vast range of small, triangular notched points and Ramey knives.
To some extent, activities in Florida can be understood as local adaptations and
change within a wider context of influence form the Cahokia polity. Early Mississippian
cultural phases in the state include St John’s III culture along the Atlantic coast, Glades
culture in far south Florida, Late Caloosa-Hatchee along the southern portion of the Gulf
Coast, Safety Harbor along the remainder of the Gulf Coast, Cades Pond in central
Florida, and Fort Walton in the eastern-most portion of the state. The earliest signs of a
chiefdom in Florida are found on the Atlantic coast around 1150-1200 A.D, evidenced by
small settlements with plazas and platform and burial mounds. Palisades and ditches are
also found at sites in Florida’s interior, reflecting the need for security during a time of
heightened warfare and competition for political dominance.
Extensive trade networks brought exotic materials to Florida, and artistic traditions
seemed to develop to a previously unknown level throughout the Mississippian world as
a result. Projectile points, including ceremonial points that were highly decorative or
made of exotic or delicate material, are found throughout the Eastern US, as are
elaborately carved gorgets, pottery, pipes, and beads. Some objects, like beads, celts, and
ornaments were fashioned from raw copper acquired through mining or trade. These
items frequently served ritual or ceremonial purposes, and Native peoples throughout the
Southeast frequently interred these goods in elite burials. Taken together, archaeologists
regard these items and social developments of evidence of the Southeastern Ceremonial
Complex (King 2018). Diagnostic projectile points for this period include Fort Ancient
triangular blades and points, Jackson side-notched points, Madison and Mississippi
triangular points, and Mouse Creek points.
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Locally, the Middle Mississippian phases are represented in Florida by the St John’s
IIb Culture along the Atlantic Coast, Glades III culture in the far south, Caloosa-Hatchee
III culture along the southern portion of the Gulf Coast, Late Safety Harbor culture along
the remainder of the Gulf Coast, Alachua culture in the central portion of the state, and
Fort Walton culture in the far western portion of the state. Late Mississippian cultural
complexes include the St, John’s IIb culture along the Atlantic Coast, the Glades III
culture in the far south, the Caloosa-Hatchee IV culture along the southern portion of the
gulf coast, the Late Safety Harbor culture along the remainder of the Gulf Coast, the
Lamar culture in the north of the state, and the Fort Walton culture in the far eastern
portion of the state.
Protohistoric Period (1513 A.D. – 1670 A.D.)
By A.D. 1400, Cahokia and other Mississippian centers in the Eastern US began to falter.
Overpopulation and internal political strife and instability coincided with soil erosion and
depletion of nutrients in the soil from over-farming. The complex trade networks that had
been developed were abandoned, and the power of elites increasingly depended on
limited commodities rather than surplus. Evidence from burials in this period suggests
chronic, deadly warfare in much of the eastern US. A combination of ecological
pressures and upheavals within the alliance that linked them appears to have doomed
Cahokia and other Mississippian centers.
The vacuum created by Cahokia’s downfall presented new opportunities for some
communities, and new centers rise up in Montreal, Fort Orange/Albany, Charleston, and
elsewhere, permanently altering the patterns of exchange in eastern North America. The
riverine trade system that had developed in the interior continent during the Mississippian
gave way to one where goods arrived from and were directed to the Atlantic coast and,
with the arrival of the first European explorers, Europe (Salisbury 1996: 449).
Eventually, the Middle Mississippian economy turned away from maize surplus and
toward trade in slaves, hides, beads, and, with the arrival of the very first Europeans,
guns. (Beck 2013).
When the first Europeans reached North America1, the continent's demographic
and political map was in a state of profound flux, owed in no small part to the decline of
Mississippian chiefdoms (Salisbury 1996: 449). The accounts of early Spanish
chroniclers paint a picture of a mound building culture on the wane. Scarce accounts
from the Ponce de Leon expedition describe pockets of plenty, communities surviving,
even flourishing, against a larger background of warfare and illness (some of it brought
on by Europeans), and food scarcity.
Historic Period (1670-Present)
European colonizers brought with them numerous tactical advantages, most notably guns
and epidemic diseases (and their own immunity to them), that utterly devastated Indian
1 The earliest chronicles of Europeans in Florida come from the Juan Ponce de Leon expedition, which first
reached the shores of present-day east Florida on April 3, 1513. The Ponce de Leon expedition had a
profound and largely negative effect on Native communities in the southeast, and effect that would grow
only worse with the arrival of European settlers.
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communities. They also brought ideological, economic, political, and military systems
organized, in part, for the possession of Indian lands and the subordination of Indian
peoples. By the mid-eighteenth century, the rapid expansion of English colonies (and
imposition of British colonial laws) had replaced older traditions of exchange and
alliance linking natives and colonizers nearly everywhere east of the Appalachians,
driving many Indians West and forcing them into a scattering of politically powerless
enclaves (Salisbury 1996: 458).
The years leading up to and following the Revolutionary War were tumultuous for
Native Americans, whose tribal leaders had, through a series of treaties and intertribal
negotiations and conflict, largely (though not entirely) pledged neutrality during the war.
Nevertheless, one of the first acts of the newly established Congress, was the creation of
three departments of Indian Affairs. These departments were created to deal with what
was already arising as the “Indian problem” in the purview of the newly established
government of the United States of America, which included real and perceived
interference with Colonial commerce, culture, and plans for westward expansion. The
establishment of Arkansas Territory in 1819 included most of present-day Oklahoma
until the Arkansas border was established in 1824 and then again in 1828 following
objections from Choctaws and Cherokees.
From 1824 onward, Native Americans were subject to the jurisdiction of the Bureau
of Indian Affairs, newly established as a division of the War Department. That same year,
the Sac and Fox Nation and the Ioway Nations of Indians ceded their traditional lands in
Missouri (7 Stat., 229. Proclamation, Jan. 18,1825: 207; 7 Stat 231. Proclamation Jan. 18,
1825). In the southern US, tribes had been nearly decimated by war with the federal
government and with other tribes, leading tribes like the Creek, Choctaw, Chickasaw, and
others to give up their lands in surrender hoping to keep at least a portion of it. The
Indian Intercourse Act of 1834 established the legal boundaries of “Indian Country,” (and
eventually “Indian Territory”), which included modern-day Oklahoma, Arkansas,
Kansas, Nebraska, and part of Iowa. The reservation ideology and subsequent system of
land tenure and allotment and economic exploitation had developed over time, the wheels
of which had been in motion since as early as 1790.
Violence against Native peoples continued, politically (at both the federal and state
levels), economically, and interpersonally, as pressure mounted to push Native peoples
off dwindling Native lands. The response of Native peoples varied, some seeking
peaceful relations with Europeans, others looking to leverage the instability fomented by
European tactics, while others retaliated. Indian removal to the west had been part of
American policy since the Articles of Confederation, but the 1830 Indian Removal Act
marked a change from voluntary relocation, the Jeffersonian Ideal earlier in the century,
into one of forced removal, or the Jacksonian Ideal (Chapman 1965, Washburn 1975).
The Five Civilized Tribes purchased new lands in present-day Oklahoma, but some
relocated farther north. All remaining Native peoples were forcefully removed that same
year and relocated to reservations under the 1830 Act. The forced relocation of Native
Americans to Indian Territory, marked by resistance, setbacks, dislocation, and incredible
suffering and death, took decades to accomplish. The path of removal, which brought
Native peoples from the eastern and southeastern US to Indian Territory, is known as The
Trail of Tears (1830-~1850) (Foreman 1934; Bailey 1972). The conditions,
consequences, and routes of removal to (or establishment within) Indian Territory and the
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ceding of lands varied greatly from tribe to tribe. In Florida, this forced removal was
largely marked by the three Seminole Wars, occurring from approximately 1817-1818,
1835-1842, and 1855-1858 resulting in great numbers of deaths and forced relocation of
the Seminole people. It is estimated that only a few hundred Seminoles remained after
these conflicts in the Everglades. The last, and one of the most devastating, forced
removals east of the Mississippi was of the Cherokee in 1838, and an estimated 2000-
6000 Cherokee died on the forced march to Oklahoma (Thornton 1991).
Florida’s role in the Civil War was less substantial than some other states, though
there were some major effects. There were many smaller skirmishes that took place in
Florida and only one large battle known as the Battle of Olustee. More significant was the
contribution of goods, particularly food for confederate troops that came from Florida.
This led to a blockade of the state and occupation of several Florida ports by Union
troops to effectively stifle their ability to serve the confederate army.
PREVIOUS INVESTIGATIONS
An archaeological records check was conducted via the Florida Master Site File on
August 30, 2019 determined there are no previously recorded archaeological sites
overlapping the project area or within a mile. Additionally, there are no historic structures
or resources listed in the National Register of Historic Places or the Florida Master Site
File database within the project area.
METHODS
Fieldwork was conducted on September 25, 2019 and recovered no artifacts. The project
area at the time of the reconnaissance consisted of a wooded and natural grass covered
location with no surface visibility (Figure 4). A pedestrian survey at 2-meter intervals
was conducted throughout the entire project area in order to identify any cultural
materials or possible prior disturbance. A shovel testing methodology was employed
through the entire project area due to limited surface visibility. A total of twelve shovel
tests were conducted in accordance with certain SHPO and Tribal methodologies (Figure
5). Shovel test intervals were determined based on the standards outlined by the Secretary
of the Interior’s Standards for Archeological Documentation. Shovel tests measured at
least 35-cm by 35-cm and were excavated well into obvious subsoil. Soils from shovel
tests were screened through ¼-inch mesh and exposed soil profiles were visually
examined for cultural materials and/or evidence of buried cultural horizons. Shovel tests
were backfilled upon completion.
RESULTS
No cultural materials or features were identified during the pedestrian survey or shovel
testing. Soil encountered within the project area were consistent with the Riviera Series, a
representative soil profile encountered consisted of an A Horizon of dark grayish brown
(10YR 4/2) sand very friable with moderate roots (0-14cmbs) over a subsoil of very pale
brown (10YR 8/2) sand (Figure 6).
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Figure 4. Photograph showing proposed tower location; note limited of surface visibility.
Figure 5. Project area with shovel test locations.
N Project Area
Shovel Test
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Figure 6. Photograph showing representative soil profile encountered in the project area.
CONCLUSIONS AND RECOMMENDATIONS
In response to a request from Ignite Wireless, Inc., RESCOM Environmental Corp., has
completed a Phase Ia archaeological reconnaissance and records check for a proposed
telecommunications tower site in Collier County, Florida. The project is located
approximately 12-miles northeast of Naples, Florida at 26°12'36.9"N 81°36'00.7"W in
the NE ¼ of the NW ¼ of Section 15, Township 49 S, Range 27 E, as seen on the as
seen on the USGS 7.5' Belle Meade NE, FL, topographical quadrangle. The project area
consists of a wooded and natural grass covered location and measures 100-ft by 100-ft for
a proposed telecommunications tower site with a 351-ft by 30-ft access road to the north;
approximately 0.50-acre in total.
No cultural resources were discovered during the current survey. It is our
recommendation that there are no archaeological sites eligible for listing on the National
Register of Historic Places within the project area and we recommend archaeological
clearance.
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Hofman, J.L.
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Tankersley, K.B., E.E. Smith, and D.R. Cochran
1990 Early Paleoindian Land Use, Mobility, and Lithic Exploitation Patterns: An
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2011 Evaluating Mobility, Monumentality, and Feasting at the Island Shell Ring
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2009 Adaptive Cycles of Coastal Hunter-Gatherers. American Antiquity, Vol. 74 (2):
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2007 Ancient Roots I: The Indigenous People and the Architecture of the Southern
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2011 Earliest Mammoth Art: Mammoth on Mammoth. Discover News.
Washburn, W.E.
1975 The Indian in America. Harper & Row: New York.
White, Max E.
20002 The Archaeology and History of the Native Georgia Tribes. University Press of
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Wright, J.V.
1995 A History of the Native People of Canada: Volume I (10,000-1000 B.C.). Mercury
Series, Archaeological Survey of Canada Paper No. 152, Quebec.
Wyckoff, D.G. and R. Bartlett
1995 Living on the Edge: Late Pleistocene-Early Holocene Cultural Interaction along
the Southeastern Woodland Plains Border. In Native American Interactions,
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Press: Knoxville. Pp. 340-361.
3.A.f
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9/6/2019 Proposed Tower Structure Info - Email ID #6403526
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-d51ac2341b49c4353b5a94792edcb…1/1
Proposed Tower Structure Info - Email ID #6403526
From:towernotifyinfo@fcc.gov
Sent:Tue, Sep 3, 2019 at 1:20 pm
To:tcns@rescom.org
Dear Andrew Smith,
Thank you for submitting a notification regarding your proposed construction via the Tower
Construction Notification System. Note that the system has assigned a unique Notification ID
number for this proposed construction. You will need to reference this Notification ID number
when you update your project's Status with us.
Below are the details you provided for the construction you have proposed:
Notification Received: 09/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min .7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82 meters above mean sea level
3.A.f
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9/6/2019 NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email I…
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-fc4962e1d5b6b397da8f9716b7e46…1/3
NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED
TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email ID #6404659
From:towernotifyinfo@fcc.gov
Sent:Fri, Sep 6, 2019 at 3:02 am
To:tcns@rescom.org
Cc:tcnsweekly@fcc.gov
Dear Applicant:
Thank you for using the Federal Communications Commission's (FCC) Tower
Construction Notification System (TCNS). The purpose of this electronic mail message is to
inform you that the following authorized persons were sent the notification that you provided
through TCNS, which relates to your proposed antenna structure. The information was forwarded
by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note
that the review period for all parties begins upon receipt of the Submission Packet pursuant to
Section VII.A of the NPA and notifications that do not provide this serve as information only.
Persons who have received the notification that you provided include leaders or
their designees of federally-recognized American Indian Tribes, including Alaska Native Villages
(collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic
Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal
Nations and NHOs and in making further contacts, the City and State of the Seat of Government
for each Tribal Nation and NHO, as well as the designated contact person, is included in the
listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral
homelands or other locations that are far removed from their current Seat of Government.
Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for
Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal
Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a
reasonable opportunity to respond to this notification, consistent with the procedures set forth
below, unless the proposed construction falls within an exclusion designated by the Tribal
Nation or NHO. (NPA, Section IV.F.4).
The notification that you provided was forwarded to the following Tribal Nations
and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided.
If, upon receipt, the Tribal Nation or NHO does not respond within a reasonable time, you
should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed
to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not
respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between
you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G).
These procedures are further set forth in the FCC's Second Report and Order released on March
30, 2018 (FCC 18-30).
1. NAGPRA & Section 106 Representative Fred Dayhoff - Miccosukee Tribe of Indians of
Florida - Tamiami Station (PO Box: 440021) Miami, FL - hopel@miccosukeetribe.com - 239-695-4360
- regular mail
If the applicant/tower builder receives no response from the Miccosukee Tribe of Indians
of Florida within 30 days after notification through TCNS, the Miccosukee Tribe of Indians of
Florida has no interest in participating in pre-construction review for the proposed site. The
Applicant/tower builder,
however, must immediately notify the Miccosukee Tribe of Indians of Florida in the event
archaeological properties or human remains are discovered during construction, consistent with
Section IX of the Nationwide Programmatic Agreement and applicable law.
2. Compliance Review Supervisor THPO Compliance - Seminole Tribe of Florida - 30290 Josie
Billie Hwy PMB 1004 Clewiston, FL - THPOcompliance@semtribe.com - 863-983-6549 (ext: 12245) -
electronic mail
3. Historic Preservation Officer Theodore Isham - Seminole Nation of Oklahoma - (PO Box:
1498) Wewoka, OK - tcns-sno@sno-nsn.gov - 405-234-5218 - electronic mail
Exclusions: Please send all inquiries to email address: tcns-sno@sno-nsn.gov
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9/6/2019 NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email I…
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-fc4962e1d5b6b397da8f9716b7e46…2/3
If the applicant/tower builder receives no response from the Seminole Nation of Oklahoma
within 30 days after notification through TCNS, the Seminole Nation of Oklahoma has no interest
in participating in pre-construction review for the proposed site. The Applicant/tower builder,
however, must immediately notify the Seminole Nation of Oklahoma in the event
archaeological properties or human remains are discovered during construction, consistent with
Section IX of the Nationwide Programmatic Agreement and applicable law.
4. TCNS Coordinator Anne Edwards-Martel Ms - Muscogee (Creek) Nation - Highway 75 & Loop
56 (PO Box: 580) Okmulgee, OK - mcntcns@mcn-nsn.gov; section106@mcn-nsn.gov - 918-732-7639 -
regular mail
5. Cell Tower Coordinator Kelly Nelson - Eastern Shawnee Tribe of Oklahoma - 70500 East
128 Road Wyandotte, OK - celltower@estoo.net - 918-666-2435 (ext: 1861) - regular mail
Exclusions: DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened.
Submit one printed color copy by US postal mail or other parcel carrier of all documentation to:
Eastern Shawnee Tribe
Attn: Cell Tower Program
70500 E. 128 Rd.
Wyandotte, OK 74370
Provide a 1-page cover letter with the following information:
a. TCNS Number
b. Company Name
c. Project Name, City, County, State
d. Project type
e. Project coordinates
f. Contact information
The Eastern Shawnee Procedures document is available and highly recommended for guidance; send
an email to celltower@estoo.net requesting our most current copy.
6. Mekko Ryan Morrow - Thlopthlocco Tribal Town - P.O. Box 188 Okemah, OK -
thpo@tttown.org - 000-000-0000 - electronic mail
Exclusions: Thlopthlocco Tribal Town requests that all initial review materials required by
applicable law be submitted by email directly to thpo@tttown.org. In addition, in the event
archeological or cultural materials or human remains are discovered at any time during this
undertaking, please notify Thlopthlocco Tribal Town immediately.
The notification that you provided was also forwarded to the following SHPOs in
the State in which you propose to construct and neighboring States. The information was
provided to these SHPOs as a courtesy for their information and planning. You need make no
effort at this time to follow up with any SHPO that does not respond to this notification.
Prior to construction, you must provide the SHPO of the State in which you propose to construct
(or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal
lands), with a Submission Packet pursuant to Section VII.A of the NPA unless the project is
excluded from SHPO review under Section III D or E of the NPA.
7. SHPO Lee Warner - Alabama Historical Commission - 468 South Perry Street Montgomery,
AL - lwarner@mail.preserveala.org - 334-242-3184 - electronic mail
8. Deputy SHPO Elizabeth Ann Brown - Alabama Historical Commission - 468 South Perry
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9/6/2019 NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email I…
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-fc4962e1d5b6b397da8f9716b7e46…3/3
Street Montgomery, AL - ebrown@mail.preserveala.org - 334-242-3185 - electronic mail
9. Deputy SHPO Compliance Review Laura A Kammerer - Div of Historical Resources, Dept of
State - 500 S. Bronough St. Tallahassee, FL - lkammerer@dos.state.fl.us - 850-245-6333 -
electronic mail
10. Historic Preservationist Robin Jackson - Florida Division of Historical Resources -
500 S. Bronough Street Tallahasse, FL - Robin.Jackson@DOS.myflorida.com - 850-245-6333 -
electronic mail
TCNS automatically forwards all notifications to all Tribal Nations and SHPOs
that have an expressed interest in the geographic area of a proposal. However, if a proposal for
PTC wayside poles falls within a designated exclusion, you need not expect any response and need
not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular
Tribal Nation or SHPO may also set forth policies or procedures within its details box that
exclude from review certain facilities (for example, a statement that it does not review
collocations with no ground disturbance; or that indicates that no response within 30 days
indicates no interest in participating in pre-construction review).
Please be advised that the FCC cannot guarantee that the contact(s) listed above
have opened and reviewed an electronic or regular mail notification. If you learn that any of
the above contact information is no longer valid, please contact the FCC by emailing
tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the
person(s) listed above:
Notification Received: 09/03/2019
Notification ID: 189171
Excluded from SHPO Review: No
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
If you have any questions or comments regarding this notice, please contact the FCC using the
electronic Help Request form located on the FCC's website at:
https://www.fcc.gov/wireless/available-support-services
You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824).
Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal
holidays). To provide quality service and ensure security, all telephone calls are recorded.
Thank you,
Federal Communications Commission
3.A.f
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9/6/2019 Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6407713
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-a3bf6130902c92f5de1d5e1fbef3bb…1/2
Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6407713
From:towernotifyinfo@fcc.gov
Sent:Thu, Sep 5, 2019 at 4:09 pm
To:tcns@rescom.org
Dear Andrew Smith,
Thank you for using the Federal Communications Commission's (FCC) Tower Construction
Notification System (TCNS). The purpose of this email is to inform you that an authorized user
of the TCNS has replied to a proposed tower construction notification that you had submitted
through the TCNS.
The following message has been sent to you from Cell Tower Coordinator Kelly Nelson of the
Eastern Shawnee Tribe of Oklahoma in reference to Notification ID #189171:
The Cultural Preservation Office of the Eastern Shawnee Tribe of Oklahoma requires the following
information regarding all proposed FCC projects.
DO NOT EMAIL DOCUMENTATION; IT WILL BE DELETED WITHOUT BEING OPENED.
Submit by US postal mail or other parcel carrier all the following information for all
telecommunication projects to:
Eastern Shawnee Tribe of Oklahoma
Attn: Kelly Nelson
70500 E. 128 Rd.
Wyandotte, OK 74370
1. Provide a 1-page cover letter with the following information:
a. TCNS Number
b. Company Name
c. Project Name, City, County, State
d. Project type
e. Project coordinates
f. Total area surveyed in acres
g. Contact information.
2. Professional cultural/archaeological resource survey report.
3. Aerial and/or USGS topographic maps showing general project location (small scale).
4. Aerial, color USGS topographic, or planimetric maps showing project area (large
scale).
5. Project site plan map depicting labeled shovel test locations.
6. Shovel Test Log.
7. Site photographs.
We request the opportunity to review and comment on scopes of work for projects whose purpose is
to evaluate or mitigate archaeological sites discovered during a telecom project survey, and we
also request to review the final reports for those projects.
NOTE: The 30 day review period begins when we, The Eastern Shawnee Tribe of Oklahoma, receive
ALL required documentation for the TCNS submittal, not when it is sent out. We suggest sending
TCNS submissions with a tracking number to reference and confirm when we receive it in our
office.
The Eastern Shawnee Procedures document is recommended for guidance, send an email to Kelly
Nelson at: celltower@estoo.net to request the most current copy.
For your convenience, the information you submitted for this notification is detailed below.
Notification Received: 09/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
3.A.f
Packet Pg. 169 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6407713
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-a3bf6130902c92f5de1d5e1fbef3bb…2/2
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
3.A.f
Packet Pg. 170 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6433723
From:towernotifyinfo@fcc.gov
Sent:Wed, Oct 2, 2019 at 9:33 am
To:tcns@rescom.org
Cc:tcns.fccarchive@fcc.gov, THPOcompliance@semtribe.com
Dear Andrew Smith,
Thank you for using the Federal Communications Commission's (FCC) Tower Construction
Notification System (TCNS). The purpose of this email is to inform you that an authorized user
of the TCNS has replied to a proposed tower construction notification that you had submitted
through the TCNS.
The following message has been sent to you from Compliance Review Supervisor THPO Compliance of
the Seminole Tribe of Florida in reference to Notification ID #189171:
We have no interest in this site. However, if the Applicant discovers archaeological remains or
resources during construction, the Applicant should immediately stop construction and notify the
appropriate Federal Agency and the Tribe.
For your convenience, the information you submitted for this notification is detailed below.
Notification Received: 09/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
3.A.f
Packet Pg. 171 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
Jill McDevitt, MSHP
Curriculum Vitae
jill.mcdevitt@rescom.org
Education
M.S. in Historic Preservation, Ball State University, May 2013
Creative Project Title: Façade Rehabilitation and Improvement Grant Program for Albion,
Indiana; Susan Lankford, advisor
B.A. in History (minor in Mathematics), Saint Joseph’s College, December 2010
Professional Qualifications
• Multiple years of historic resource research for National Register of Historic Places nominations and
Determinations of Eligibility.
• Experience in grant writing and management for a non-profit organization.
• Proficient in Microsoft Office Suite, Adobe CS and AutoCAD.
• Fully aware of cultural resources management laws and their applications.
Selected Employment
RESCOM Environmental Corp
July 2018-present
Project Manager-Cultural Resources
Supervisor: Jamie Cochran-Smith, 260-385-6998
Conduct reviews of historic resources and prepare Section 106 reports for projects in multiple states.
Evaluate historic properties for eligibility on the National Register of Historic Places as part of Section
106 Reviews. Coordination with SHPO and clients for review completion. Prepare Determination of
Eligibility documentation for historic properties in Washington, Montana, Ohio and Colorado.
ARCH, Inc.
October 2016-March 2018
Executive Director
Managed historic preservation nonprofit advocacy organization. Supervised staff, prepared annual
operating and project budgets, conducted public outreach and oversaw grant writing, fundraising and
event planning. Managed a historic rehabilitation construction project. Participated as Consulting Party in
Section 106 Reviews, including consultation on resource identification and mitigation.
ARCH, Inc.
May 2013-October 2016
Historic Preservation Specialist
Supervisor: Michael Galbraith, 260-469-3476
Conducted architectural field survey for Allen County Historic Sites and Structures Inventory including
historic resource identification, documentation and assessment of National Register eligibility, researched
and wrote National Register Nominations, a Historic Structure Report, and Historic Tax Credit
Applications, Part I and II. Participated as Consulting Party in Section 106 Reviews, including
consultation on resource identification and mitigation.
List of Professional Publications available upon request
3.A.f
Packet Pg. 172 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. P.O. Box 361 Petoskey, MI 49770
Phone: (231) 409-2563 Fax: (231) 407-0726
www.rescom.org
CURRICULUM VITAE
ANDREW M. SMITH M.A.
EDUCATION:
Bachelor of Arts: Anthropology, Indiana University Fort Wayne, Indiana December 2005
Master of Arts: Anthropology, Ball State University Muncie, Indiana July 2010
PROFESSIONAL QUALIFICATIONS:
Multiple years of experience in budgeting, planning and carrying out Section 106
compliance work.
Extensive experience managing staff for grant and contracted archaeological
investigations
Coordination with lead agencies, SHPO’s, THPO’s and interested parties
Proficient in Microsoft suite of programs, Adobe CS, as well as Golden Surfer, ESRI
ArcGIS 10.1.
Established history of completing complex projects.
Fully aware of cultural resources management laws and their applications.
ARCHAEOLOGY AND RELATED EXPERIENCE:
NEPA-Cultural Resource Project Manager at RESCOM. July 2014 to Present
Supervisor: Joe Lee 231-947-4454
Completion and management of Phase I and Phase II Environmental Site Assessments
(ESAs) and National Environmental Policy Act Assessments (NEPAs) for FCC projects.
Site Files Manager at Louisiana Division of Archaeology. February 2014 to July 2014
Supervisor: Rachel Watson 225-342-8165
Review of site submissions and maintenance of archaeological site data for the State of
Louisiana in both print and digital format. Use of ArcGIS platform to spatially represent
archaeological data and datasets within the State of Louisiana.
Interim Director at IPFW Archaeological Survey. June 2009 to Present
Supervisor: Richard Sutter 260-481-6676
Experience from Phase Ia surveys to Phase III mitigations. Use and supervision of those
using surveying equipment, GPS, aerial and topographic maps, digital cameras, as well as
resistivity and magnetometer/gradiometer equipment. Management of up to 15 personnel
and overseeing all paperwork and documentation. Extensive laboratory experience and
report writing. Direct consultation with the state historic preservation officers, as well as
INDOT and NAGPRA representatives.
3.A.f
Packet Pg. 173 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. P.O. Box 361 Petoskey, MI 49770
Phone: (231) 409-2563 Fax: (231) 407-0726
www.rescom.org
Staff Archaeologist at Ball State Applied Archaeology Laboratories (formerly
Archaeological Resources Management Services). July 2006 to June 2009
Supervisor: Beth McCord 765-285-1834
Conducted field work and supervised personnel in the field and in the lab. Wrote
technical reports. Participated in grant applications. Conducted research, fieldwork,
labwork, and writing for grant compliance.
Archaeological Technician at CDimensions. January 2012
Supervisor: Eben Cooper 972-881-5577
Worked two weeks during vacation from my permanent job to gain Forest Service
archaeological experience. Phase I survey, including shovel testing and walkover and site
recording in accordance with USDA NFS standards.
LIST OF PUBLICATIONS AVAILABLE UPON REQUEST
3.A.f
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3.A.f
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ATTACHMENT B – TRIBAL CONSULTATION
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
3.A.f
Packet Pg. 176 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
TCNS #Site Name NOO Date Number of Tribes
189171 Kapok 9/6/2019 6
Tribe TCNS Response
Second
Contact Letter
Date Referral Date
15 Day
Closeout Letter
Date
Final Response
Date
Completion
Date
Eastern Shawnee Tribe of Oklahoma Requests additional information by
mail 10/25/2019 12/16/2019 12/19/2019 1/2/2020 1/2/2020
Miccosukee Tribe of Indians of
Florida No interest if no response in 30 days NA NA NA NA 10/6/2019
Muscogee Creek Nation Requests additional information by
mail 10/25/2019 12/3/2019 12/5/2019 NA 12/20/2019
Seminole Nation of Oklahoma Requests additional information
electronically 10/25/2019 12/3/2019 12/5/2019 NA 12/20/2019
Seminole Tribe of Florida No interest if no response in 30 days NA NA NA 10/2/2019 10/2/2019
Thlopthlocco Tribal Town Requests additional information
electronically 10/25/2019 12/3/2019 12/5/2019 NA 12/20/2019
3.A.f
Packet Pg. 177 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
andrew.smith@rescom.org
From:Tiffany White <TWhite@estoo.net>
Sent:Thursday, January 2, 2020 1:54 PM
To:andrew.smith@rescom.org
Subject:189171
Tiffany M White
TCNS/106 Intake Clerk
Eastern Shawnee Tribe of Oklahoma
918.666.2435 x 1862
IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E
ESTOO.net may contain informatio n that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an int
If you have received this message in error, please forward it to the sender and delete it completely from yo ur computer system. [M704NQ]
3.A.f
Packet Pg. 178 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6433723
From:towernotifyinfo@fcc.gov
Sent:Wed, Oct 2, 2019 at 9:33 am
To:tcns@rescom.org
Cc:tcns.fccarchive@fcc.gov, THPOcompliance@semtribe.com
Dear Andrew Smith,
Thank you for using the Federal Communications Commission's (FCC) Tower Construction
Notification System (TCNS). The purpose of this email is to inform you that an authorized user
of the TCNS has replied to a proposed tower construction notification that you had submitted
through the TCNS.
The following message has been sent to you from Compliance Review Supervisor THPO Compliance of
the Seminole Tribe of Florida in reference to Notification ID #189171:
We have no interest in this site. However, if the Applicant discovers archaeological remains or
resources during construction, the Applicant should immediately stop construction and notify the
appropriate Federal Agency and the Tribe.
For your convenience, the information you submitted for this notification is detailed below.
Notification Received: 09/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
3.A.f
Packet Pg. 179 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/20/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25566
https://apps.rackspace.com/versions/webmail/17.2.2-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-619167101dee44f39f3f9381259b05…1/5
Proposed Construction of Communications Facilities Notification ofFinal Contacts -
Email ID #25566
From:towernotifyinfo@fcc.gov
Sent:Thu, Dec 19, 2019 at 9:02 am
To:tcns@rescom.org
Cc:tcnsweekly@fcc.gov
T-Mobile
Andrew Smith
P.O. Box: 5516
Fort Wayne, IN 46895
Dear Applicant:
This letter addresses the proposed communications facilities listed below that you have
referred to the Federal Communications Commission (Commission) for purposes of contacting
federally recognized Indian Tribes, including Alaska Native Villages (collectively Indian
Tribes), and Native Hawaiian Organizations (NHOs), as specified by Section IV.G of the
Nationwide Programmatic Agreement (NPA). Consistent with the procedures outlined in the
Commission's Wireless Infrastructure Second Report and Order (1), we have contacted the Indian
Tribes or NHOs identified in the attached Table for the projects listed in the attached Table.
You referred these projects to us between 12/12/2019 and 12/19/2019. Our contact with these
Tribal Nations or NHOs was sent on 12/19/2019.
Thus, as described in the Wireless Infrastructure Second Report and Order (2), if you or
Commission staff do not receive a statement of interest regarding a particular project from any
Tribe or NHO within 15 calendar days of 12/19/2019, your obligations under Section IV of the NPA
with respect to these Tribal Nations or NHOs are complete. If a Tribal Nation or NHO responds
that it has concerns about a historic property of traditional religious and cultural
significance that may be affected by the proposed construction within the 15 calendar day
period, the Applicant must involve it in the review as set forth in the NPA, and may not begin
construction until the process set forth in the NPA is completed.
You are reminded that Section IX of the NPA imposes independent obligations on an
Applicant when a previously unidentified site that may be a historic property, including an
archeological property, is discovered during construction or after the completion of review. In
such instances, the Applicant must cease construction and promptly notify, among others, any
potentially affected Tribal Nation or NHO. A Tribal Nation's or NHO's failure to express
interest in participating in pre-construction review of an undertaking does not necessarily mean
it is not interested in archeological properties or human remains that may inadvertently be
discovered during construction. Hence, an Applicant is still required to notify any potentially
affected Tribal Nation or NHO of any such finds pursuant to Section IX or other applicable law.
Sincerely,
Jill Springer
Federal Preservation Officer
Federal Communications Commission
jill.springer@fcc.gov
_______________________________________
1) See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Deployment, Second Report and Order, FCC 18-30 (Mar. 30, 2018) (Wireless Infrastructure Second
Report and Order).
2) See id. at paras. 111-112.
LIST OF PROPOSED COMMUNICATIONS TOWERS
TCNS# 189955 Referred Date: 12/18/2019 Location: Teft Rd, Spring Arbor, MI
Detailed Description of Project: Proposed extension of lattice tower.
Tribe Name: Crow Creek Sioux Tribe
Tribe Name: Lac Vieux Desert Band of Lake Superior Chippewa Indians
TCNS# 189954 Referred Date: 12/18/2019 Location: 26 Mile Rd, Macomb, MI
Detailed Description of Project: Upgrage of antennas on an existing transmission tower.
Tribe Name: Lac Vieux Desert Band of Lake Superior Chippewa Indians
3.A.f
Packet Pg. 180 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/20/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25566
https://apps.rackspace.com/versions/webmail/17.2.2-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-619167101dee44f39f3f9381259b05…2/5
TCNS# 189510 Referred Date: 12/17/2019 Location: CR3110, Clarksville, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Absentee-Shawnee Tribe of Indians of Oklahoma
Tribe Name: Alabama Quassarte Tribal Town
Tribe Name: Apache Tribe of Oklahoma
Tribe Name: Caddo Nation of Oklahoma
Tribe Name: Choctaw Nation of Oklahoma
Tribe Name: Coushatta Indian Tribe
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Jena Band of Choctaw Indians
Tribe Name: Kialegee Tribal Town
Tribe Name: Kiowa Indian Tribe THPO
Tribe Name: Mescalero Apache Tribe
Tribe Name: Thlopthlocco Tribal Town
Tribe Name: Tonkawa Tribe
Tribe Name: United Keetoowah Band of Cherokee Indians in Oklahoma
Tribe Name: Wichita and Affiliated Tribes
TCNS# 189517 Referred Date: 12/17/2019 Location: FM 1249E, Kilgore, TX
Detailed Description of Project: Proposed construction of a monopole style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Absentee-Shawnee Tribe of Indians of Oklahoma
Tribe Name: Alabama Quassarte Tribal Town
Tribe Name: Apache Tribe of Oklahoma
Tribe Name: Caddo Nation of Oklahoma
Tribe Name: Choctaw Nation of Oklahoma
Tribe Name: Coushatta Indian Tribe
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Jena Band of Choctaw Indians
Tribe Name: Kiowa Indian Tribe THPO
Tribe Name: Mescalero Apache Tribe
Tribe Name: Thlopthlocco Tribal Town
Tribe Name: Tonkawa Tribe
Tribe Name: United Keetoowah Band of Cherokee Indians in Oklahoma
Tribe Name: Wichita and Affiliated Tribes
TCNS# 189955 Referred Date: 12/17/2019 Location: Teft Rd, Spring Arbor, MI
Detailed Description of Project: Proposed extension of lattice tower.
Tribe Name: Citizen Potawatomi Nation
Tribe Name: Fort Belknap Indian Community
Tribe Name: Hannahville Indian Community
Tribe Name: Ho-Chunk Nation
Tribe Name: Huron Potawatomi
Tribe Name: Keweenaw Bay Indian Community
Tribe Name: Ponca Tribe of Indians of Oklahoma
Tribe Name: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
Tribe Name: Wyandotte Nation
TCNS# 189512 Referred Date: 12/17/2019 Location: FM 1252 & CR370, Winona, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Alabama Quassarte Tribal Town
Tribe Name: Apache Tribe of Oklahoma
Tribe Name: Caddo Nation of Oklahoma
Tribe Name: Choctaw Nation of Oklahoma
Tribe Name: Coushatta Indian Tribe
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Jena Band of Choctaw Indians
Tribe Name: Kiowa Indian Tribe THPO
Tribe Name: Mescalero Apache Tribe
Tribe Name: Thlopthlocco Tribal Town
Tribe Name: Tonkawa Tribe
Tribe Name: United Keetoowah Band of Cherokee Indians in Oklahoma
Tribe Name: Wichita and Affiliated Tribes
3.A.f
Packet Pg. 181 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/20/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25566
https://apps.rackspace.com/versions/webmail/17.2.2-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-619167101dee44f39f3f9381259b05…3/5
TCNS# 189954 Referred Date: 12/17/2019 Location: 26 Mile Rd, Macomb, MI
Detailed Description of Project: Upgrage of antennas on an existing transmission tower.
Tribe Name: Citizen Potawatomi Nation
Tribe Name: Fort Belknap Indian Community
Tribe Name: Hannahville Indian Community
Tribe Name: Ho-Chunk Nation
Tribe Name: Huron Potawatomi
Tribe Name: Keweenaw Bay Indian Community
Tribe Name: Otoe-Missouria Tribe of Indians
Tribe Name: Ponca Tribe of Indians of Oklahoma
Tribe Name: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
Tribe Name: Seneca-Cayuga Nation
Tribe Name: Wyandotte Nation
TCNS# 189480 Referred Date: 12/16/2019 Location: N Clybourn Ave, Chicago, IL
Detailed Description of Project: Collocation of antennas on an existing building.
Tribe Name: Absentee-Shawnee Tribe of Indians of Oklahoma
Tribe Name: Flandreau Santee Sioux Tribe
Tribe Name: Fort Belknap Indian Community
Tribe Name: Ho-Chunk Nation
Tribe Name: Iowa Tribe of Oklahoma
Tribe Name: Kaw Nation
Tribe Name: Keweenaw Bay Indian Community
Tribe Name: Menominee Indian Tribe of Wisconsin
Tribe Name: Otoe-Missouria Tribe of Indians
Tribe Name: Ottawa Tribe of Oklahoma
Tribe Name: Peoria Tribe of Indians of Oklahoma
Tribe Name: Ponca Tribe of Indians of Oklahoma
Tribe Name: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
Tribe Name: Sac and Fox Nation
Tribe Name: Sac and Fox Nation of Missouri
Tribe Name: Santee Sioux Nation
Tribe Name: Shawnee Tribe
Tribe Name: Wyandotte Nation
TCNS# 189506 Referred Date: 12/16/2019 Location: US-82, Seymour, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Apache Tribe of Oklahoma
Tribe Name: Comanche Nation
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Kialegee Tribal Town
Tribe Name: Kiowa Indian Tribe THPO
Tribe Name: Mescalero Apache Tribe
Tribe Name: Tonkawa Tribe
Tribe Name: Wichita and Affiliated Tribes
TCNS# 189507 Referred Date: 12/16/2019 Location: CR 1346, Tyler, TX
Detailed Description of Project: Proposed construction of a monopole style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Alabama Quassarte Tribal Town
Tribe Name: Apache Tribe of Oklahoma
Tribe Name: Caddo Nation of Oklahoma
Tribe Name: Choctaw Nation of Oklahoma
Tribe Name: Coushatta Indian Tribe
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Jena Band of Choctaw Indians
Tribe Name: Kiowa Indian Tribe THPO
Tribe Name: Mescalero Apache Tribe
Tribe Name: Muscogee (Creek) Nation
Tribe Name: Thlopthlocco Tribal Town
Tribe Name: Tonkawa Tribe
Tribe Name: United Keetoowah Band of Cherokee Indians in Oklahoma
Tribe Name: Wichita and Affiliated Tribes
TCNS# 189512 Referred Date: 12/19/2019 Location: FM 1252 & CR370, Winona, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
3.A.f
Packet Pg. 182 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/20/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25566
https://apps.rackspace.com/versions/webmail/17.2.2-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-619167101dee44f39f3f9381259b05…4/5
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Muscogee (Creek) Nation
TCNS# 189510 Referred Date: 12/19/2019 Location: CR3110, Clarksville, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Muscogee (Creek) Nation
TCNS# 189517 Referred Date: 12/19/2019 Location: FM 1249E, Kilgore, TX
Detailed Description of Project: Proposed construction of a monopole style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Muscogee (Creek) Nation
TCNS# 189517 Referred Date: 12/19/2019 Location: FM 1249E, Kilgore, TX
Detailed Description of Project: Proposed construction of a monopole style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Muscogee (Creek) Nation
TCNS# 189171 Referred Date: 12/18/2019 Location: Kapok St & Frangipani Ave, Naples, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Tribe Name: Eastern Shawnee Tribe of Oklahoma
TCNS# 189510 Referred Date: 12/18/2019 Location: CR3110, Clarksville, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Northwestern Band of Shoshone Nation
TCNS# 189480 Referred Date: 12/18/2019 Location: N Clybourn Ave, Chicago, IL
Detailed Description of Project: Collocation of antennas on an existing building.
Tribe Name: Omaha Tribe of Nebraska
Tribe Name: Lac Vieux Desert Band of Lake Superior Chippewa Indians
Tribe Name: Eastern Shawnee Tribe of Oklahoma
Tribe Name: Crow Creek Sioux Tribe
TCNS# 189506 Referred Date: 12/18/2019 Location: US-82, Seymour, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Northwestern Band of Shoshone Nation
TCNS# 189512 Referred Date: 12/18/2019 Location: FM 1252 & CR370, Winona, TX
Detailed Description of Project: Proposed construction of a lattice style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Northwestern Band of Shoshone Nation
TCNS# 189507 Referred Date: 12/18/2019 Location: CR 1346, Tyler, TX
Detailed Description of Project: Proposed construction of a monopole style telecommunications
tower with antennas within a 50'x50' lease area. Project will include ground disturbance.
Tribe Name: Northwestern Band of Shoshone Nation
TCNS# 189954 Referred Date: 12/18/2019 Location: 26 Mile Rd, Macomb, MI
Detailed Description of Project: Upgrage of antennas on an existing transmission tower.
Tribe Name: Ottawa Tribe of Oklahoma
Tribe Name: Shawnee Tribe
TCNS# 189955 Referred Date: 12/18/2019 Location: Teft Rd, Spring Arbor, MI
Detailed Description of Project: Proposed extension of lattice tower.
Tribe Name: Ottawa Tribe of Oklahoma
Tribe Name: Shawnee Tribe
3.A.f
Packet Pg. 183 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/20/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25566
https://apps.rackspace.com/versions/webmail/17.2.2-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-619167101dee44f39f3f9381259b05…5/5
LEGEND:
* - Notification numbers are assigned by the Commission staff for sites where initial contact
was not made through TCNS.
3.A.f
Packet Pg. 184 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/5/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25465
https://apps.rackspace.com/versions/webmail/17.1.1-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-7addc00b3f0848bcab8bfb4f8ed53a…1/3
Proposed Construction of Communications Facilities Notification ofFinal Contacts -
Email ID #25465
From:towernotifyinfo@fcc.gov
Sent:Thu, Dec 5, 2019 at 9:01 am
To:tcns@rescom.org
Cc:tcnsweekly@fcc.gov
CitySwitch
Andrew Smith
P.O. Box: 5516
Fort Wayne, IN 46895
Dear Applicant:
This letter addresses the proposed communications facilities listed below that you have
referred to the Federal Communications Commission (Commission) for purposes of contacting
federally recognized Indian Tribes, including Alaska Native Villages (collectively Indian
Tribes), and Native Hawaiian Organizations (NHOs), as specified by Section IV.G of the
Nationwide Programmatic Agreement (NPA). Consistent with the procedures outlined in the
Commission's Wireless Infrastructure Second Report and Order (1), we have contacted the Indian
Tribes or NHOs identified in the attached Table for the projects listed in the attached Table.
You referred these projects to us between 11/28/2019 and 12/05/2019. Our contact with these
Tribal Nations or NHOs was sent on 12/05/2019.
Thus, as described in the Wireless Infrastructure Second Report and Order (2), if you or
Commission staff do not receive a statement of interest regarding a particular project from any
Tribe or NHO within 15 calendar days of 12/05/2019, your obligations under Section IV of the NPA
with respect to these Tribal Nations or NHOs are complete. If a Tribal Nation or NHO responds
that it has concerns about a historic property of traditional religious and cultural
significance that may be affected by the proposed construction within the 15 calendar day
period, the Applicant must involve it in the review as set forth in the NPA, and may not begin
construction until the process set forth in the NPA is completed.
You are reminded that Section IX of the NPA imposes independent obligations on an
Applicant when a previously unidentified site that may be a historic property, including an
archeological property, is discovered during construction or after the completion of review. In
such instances, the Applicant must cease construction and promptly notify, among others, any
potentially affected Tribal Nation or NHO. A Tribal Nation's or NHO's failure to express
interest in participating in pre-construction review of an undertaking does not necessarily mean
it is not interested in archeological properties or human remains that may inadvertently be
discovered during construction. Hence, an Applicant is still required to notify any potentially
affected Tribal Nation or NHO of any such finds pursuant to Section IX or other applicable law.
Sincerely,
Jill Springer
Federal Preservation Officer
Federal Communications Commission
jill.springer@fcc.gov
_______________________________________
1) See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Deployment, Second Report and Order, FCC 18-30 (Mar. 30, 2018) (Wireless Infrastructure Second
Report and Order).
2) See id. at paras. 111-112.
LIST OF PROPOSED COMMUNICATIONS TOWERS
TCNS# 187849 Referred Date: 12/04/2019 Location: Filer Ave E, Twin Falls, ID
Detailed Description of Project: Collocation of antennas on an existing monopole.
Tribe Name: Northwestern Band of Shoshone Nation
Tribe Name: Skull Valley Band of Goshute Indians
TCNS# 189170 Referred Date: 12/04/2019 Location: NW 312th St, Okeechobee, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Tribe Name: Eastern Shawnee Tribe of Oklahoma
TCNS# 189172 Referred Date: 12/04/2019 Location: Smith Creek Rd & NF-13, Sopchoppy, FL
3.A.f
Packet Pg. 185 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/5/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25465
https://apps.rackspace.com/versions/webmail/17.1.1-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-7addc00b3f0848bcab8bfb4f8ed53a…2/3
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Tribe Name: Seminole Nation of Oklahoma
TCNS# 189101 Referred Date: 12/04/2019 Location: King St, Alexandria, VA
Detailed Description of Project: Collocation of antennas on an existing building.
Tribe Name: Crow Creek Sioux Tribe
Tribe Name: Prairie Island Indian Community
TCNS# 189171 Referred Date: 12/04/2019 Location: Kapok St & Frangipani Ave, Naples, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Tribe Name: Seminole Nation of Oklahoma
Tribe Name: Muscogee (Creek) Nation
TCNS# 187850 Referred Date: 12/04/2019 Location: Pole Line Rd E, Twin Falls, ID
Detailed Description of Project: Collocation of antennas on an existing monopole.
Tribe Name: Northwestern Band of Shoshone Nation
Tribe Name: Skull Valley Band of Goshute Indians
TCNS# 189173 Referred Date: 12/04/2019 Location: S Spring Garden Ave & W Volusia Ave, DeLand, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within an 80' x 120' lease area. Proposed project will include ground disturbance.
Tribe Name: Seminole Nation of Oklahoma
TCNS# 187849 Referred Date: 12/03/2019 Location: Filer Ave E, Twin Falls, ID
Detailed Description of Project: Collocation of antennas on an existing monopole.
Tribe Name: Shoshone-Paiute Tribes
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Shoshone-Bannock Tribes Heritage Tribal Office (HeTO)
Tribe Name: Kiowa Indian Tribe THPO
TCNS# 187850 Referred Date: 12/03/2019 Location: Pole Line Rd E, Twin Falls, ID
Detailed Description of Project: Collocation of antennas on an existing monopole.
Tribe Name: Shoshone-Paiute Tribes
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Shoshone-Bannock Tribes Heritage Tribal Office (HeTO)
Tribe Name: Kiowa Indian Tribe THPO
TCNS# 189099 Referred Date: 12/03/2019 Location: Ackerman Ave, Clifton, NJ
Detailed Description of Project: Collocation of antennas on an existing smokestack.
Tribe Name: Delaware Nation
Tribe Name: Keweenaw Bay Indian Community
Tribe Name: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
Tribe Name: Wyandotte Nation
Tribe Name: Shawnee Tribe
TCNS# 189172 Referred Date: 12/03/2019 Location: Smith Creek Rd & NF-13, Sopchoppy, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Tribe Name: Alabama-Coushatta Tribe of Texas
Tribe Name: Coushatta Indian Tribe
Tribe Name: Kialegee Tribal Town
Tribe Name: Muscogee (Creek) Nation
TCNS# 189173 Referred Date: 12/03/2019 Location: S Spring Garden Ave & W Volusia Ave, DeLand, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within an 80' x 120' lease area. Proposed project will include ground disturbance.
Tribe Name: Coushatta Indian Tribe
Tribe Name: Muscogee (Creek) Nation
Tribe Name: Thlopthlocco Tribal Town
TCNS# 189101 Referred Date: 12/03/2019 Location: King St, Alexandria, VA
3.A.f
Packet Pg. 186 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/5/2019 Proposed Construction of Communications Facilities Notification ofFinal Contacts - Email ID #25465
https://apps.rackspace.com/versions/webmail/17.1.1-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-7addc00b3f0848bcab8bfb4f8ed53a…3/3
Detailed Description of Project: Collocation of antennas on an existing building.
Tribe Name: Delaware Nation
Tribe Name: Flandreau Santee Sioux Tribe
Tribe Name: Cultural Heritage Partners
Tribe Name: Monacan Nation
Tribe Name: Chickahominy Indian Tribe
Tribe Name: The Upper Mattaponi Indian Tribe
Tribe Name: Nansemond Indian Tribe
Tribe Name: Cherokee Nation
Tribe Name: Shawnee Tribe
TCNS# 189171 Referred Date: 12/03/2019 Location: Kapok St & Frangipani Ave, Naples, FL
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Tribe Name: Muscogee (Creek) Nation
Tribe Name: Thlopthlocco Tribal Town
LEGEND:
* - Notification numbers are assigned by the Commission staff for sites where initial contact
was not made through TCNS.
3.A.f
Packet Pg. 187 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/17/2019 Confirmation of Manual Referral of a TCNS Notification
https://apps.rackspace.com/versions/webmail/17.2.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-984554a8503243babf330ed08719a…1/1
Confirmation of Manual Referral of a TCNS Notification
From:TCNS Help <TCNSHelp@fcc.gov>
Sent:Mon, Dec 16, 2019 at 10:46 am
To:tcns@rescom.org
189171 Eastern Shawnee Tribe OK.pdf (166.4 KB)
Your manual referral of a proposed tower structure notification has been successfully submitted.
The Federal Communications Commission (FCC) will be processing this referral for purposes of
contacting federally recognized Indian Tribes, including Alaska Native Villages, and Native
Hawaiian Organizations as specified by Section IV.G of the Nationwide Programmatic Agreement
and the Wireless Infrastructure Second Report and Order dated March 30, 2018. You will receive a
Proposed Construction of Communications Facilities Notification of Final Contacts when the FCC
has completed processing this referral. Below are the details you submitted.
Manual Referral System ID Number: TCNS7566
Referrer Name:
Referrer Email: tcns@rescom.org
Notification ID: 189171
SHPO Excluded:
E-106 File Number: 0008846179
Project Location: Kapok St & Frangipani Ave, Naples, FL, Collier Co.
Date Documentation Sent: 2019-10-25 10:43:05 EDT
Method Documentation Sent: Hard copy/physical delivery – refer after 36 days
Additional Comments:
Tribes Who Have Not Responded:
Eastern Shawnee Tribe of Oklahoma
Unsubscribe | Notification Preferences
3.A.f
Packet Pg. 188 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/4/2019 Confirmation of Manual Referral of a TCNS Notification
https://apps.rackspace.com/versions/webmail/17.1.1-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-8b3c70f2f88043269897a7fe2a1630…1/1
Confirmation of Manual Referral of a TCNS Notification
From:TCNS Help <TCNSHelp@fcc.gov>
Sent:Tue, Dec 3, 2019 at 3:11 pm
To:tcns@rescom.org
189171 Seminole Nation OK.pdf (126.1 KB)
Your manual referral of a proposed tower structure notification has been successfully submitted.
The Federal Communications Commission (FCC) will be processing this referral for purposes of
contacting federally recognized Indian Tribes, including Alaska Native Villages, and Native
Hawaiian Organizations as specified by Section IV.G of the Nationwide Programmatic Agreement
and the Wireless Infrastructure Second Report and Order dated March 30, 2018. You will receive a
Proposed Construction of Communications Facilities Notification of Final Contacts when the FCC
has completed processing this referral. Below are the details you submitted.
Manual Referral System ID Number: TCNS7199
Referrer Name:
Referrer Email: tcns@rescom.org
Notification ID: 189171
SHPO Excluded:
E-106 File Number: 0008846179
Project Location: Naples, FL
Date Documentation Sent: 2019-10-24 15:10:17 EDT
Method Documentation Sent: ONLY electronic delivery – refer after 31 days
Additional Comments:
Tribes Who Have Not Responded:
Seminole Nation of Oklahoma
Unsubscribe | Notification Preferences
3.A.f
Packet Pg. 189 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/4/2019 Confirmation of Manual Referral of a TCNS Notification
https://apps.rackspace.com/versions/webmail/17.1.1-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-8b3c70f2f88043269897a7fe2a1630…1/1
Confirmation of Manual Referral of a TCNS Notification
From:TCNS Help <TCNSHelp@fcc.gov>
Sent:Tue, Dec 3, 2019 at 3:12 pm
To:tcns@rescom.org
189171 Tribal Letters.pdf (196.6 KB)
Your manual referral of a proposed tower structure notification has been successfully submitted.
The Federal Communications Commission (FCC) will be processing this referral for purposes of
contacting federally recognized Indian Tribes, including Alaska Native Villages, and Native
Hawaiian Organizations as specified by Section IV.G of the Nationwide Programmatic Agreement
and the Wireless Infrastructure Second Report and Order dated March 30, 2018. You will receive a
Proposed Construction of Communications Facilities Notification of Final Contacts when the FCC
has completed processing this referral. Below are the details you submitted.
Manual Referral System ID Number: TCNS7200
Referrer Name:
Referrer Email: tcns@rescom.org
Notification ID: 189171
SHPO Excluded:
E-106 File Number: 0008846179
Project Location: Naples, FL
Date Documentation Sent: 2019-10-24 15:11:20 EDT
Method Documentation Sent: Hard copy/physical delivery – refer after 36 days
Additional Comments:
Tribes Who Have Not Responded:
Muscogee (Creek) Nation
Unsubscribe | Notification Preferences
3.A.f
Packet Pg. 190 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
12/4/2019 Confirmation - Referral of a Proposed Tower ConstructionNotification - Email ID #6530357
https://apps.rackspace.com/versions/webmail/17.1.1-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-8b3c70f2f88043269897a7fe2a1630…1/1
Confirmation - Referral of a Proposed Tower ConstructionNotification - Email ID
#6530357
From:towernotifyinfo@fcc.gov
Sent:Tue, Dec 3, 2019 at 2:22 pm
To:tcns@rescom.org
Dear Andrew Smith,
Your referral of a proposed tower structure notification has been successfully submitted via the
Tower Construction Notification System. The Federal Communications Commission (FCC) will be
processing this referral for purposes of contacting federally recognized Indian Tribes,
including Alaska Native Villages, and Native Hawaiian Organizations as specified by Section IV.G
of the Nationwide Programmatic Agreement and the Wireless Infrastructure Second Report and Order
dated March 30, 2018. You will receive a Proposed Construction of Communications Facilities
Notification of Final Contacts when the FCC has completed processing this referral. Below are
the details you provided in the referral of the tower you have proposed to construct:
Notification Received: 09/03/2019
Notification Referred: 12/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
Entities Who Have Not Responded:
Muscogee (Creek) Nation
Contact Date: 09/05/2019
Thlopthlocco Tribal Town
Contact Date: 09/05/2019
**Note that the FCC will assign a unique Notification ID number for a site where the initial
contact was not made through TCNS. You will need to reference this Notification ID number when
you update your project's Status with us.
3.A.f
Packet Pg. 191 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. • P.O. Box 5516 • Fort Wayne, IN 46895
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
October 25, 2019
Mr. Travis Patton, TCNS Coordinator
Eastern Shawnee Tribe of Oklahoma
Cultural Preservation Department
70500 E 128th Rd
Wyandotte, OK 74370
RE: INVITATION TO COMMENT UNDER SECTION 106
TCNS ID: 189171
Kapok
Kapok St & Frangipani Ave
Naples, Collier County, FL 34117
Dear Mr. Patton,
RESCOM Environmental Corp (RESCOM) was retained by Ignite Wireless to complete Section
106 Compliance as delegated by the FCC and outlined in 36 CFR Part 800 for the above
referenced project.
Ignite Wireless proposes the construction of a 250’ self-supporting lattice style
telecommunications tower with an access drive at the above referenced location. In accordance
with Ignite Wireless earlier communications via the FCC Tower Construction Notification System,
Ignite Wireless and RESCOM respect the sovereign status of your Tribe and are writing to outline
the project.
Enclosed for your review are maps and project drawings regarding the proposed project. An
archaeological survey was conducted and did not discover any archaeological sites or materials;
results and recommendations are detailed in the attached report.
Except to the extent that we have agreed otherwise, the ‘Voluntary Best Practices for Expediting
the Process of Communications Tower and Antenna Siting Review’ provides that your Tribe
should evaluate this submission and respond in writing with an opinion of interest or no interest.
If you do not believe that all of the agreed upon materials have been enclosed, or if you have any
other questions, please contact our office immediately so that we can reach a satisfactory
resolution as soon as possible.
We appreciate your assistance in this matter. Please do not hesitate to contact us if you have any
questions or comments.
Sincerely,
RESCOM Environmental Corporation
Andrew Smith, Project Manager
260-385-6999
tcns@rescom.org
RESCOM 19080047
3.A.f
Packet Pg. 192 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. • P.O. Box 5516 • Fort Wayne, IN 46895
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
October 25, 2019
Ms. Anne Edwards-Martel, TCNS Coordinator
Muscogee Creek Nation
Cultural Preservation Dept., P.O. Box 580
Okmulgee, OK 74447
RE: INVITATION TO COMMENT UNDER SECTION 106
TCNS ID: 189171
Kapok
Kapok St & Frangipani Ave
Naples, Collier County, FL 34117
Dear Ms. Edwards-Martel,
RESCOM Environmental Corp (RESCOM) was retained by Ignite Wireless to complete Section
106 Compliance as delegated by the FCC and outlined in 36 CFR Part 800 for the above
referenced project.
Ignite Wireless proposes the construction of a 250’ self-supporting lattice style
telecommunications tower with an access drive at the above referenced location. In accordance
with Ignite Wireless earlier communications via the FCC Tower Construction Notification System,
Ignite Wireless and RESCOM respect the sovereign status of your Tribe and are writing to outline
the project.
Enclosed for your review are maps and project drawings regarding the proposed project. An
archaeological survey was conducted and did not discover any archaeological sites or materials;
results and recommendations are detailed in the attached report.
Except to the extent that we have agreed otherwise, the ‘Voluntary Best Practices for Expediting
the Process of Communications Tower and Antenna Siting Review’ provides that your Tribe
should evaluate this submission and respond in writing with an opinion of interest or no interest.
If you do not believe that all of the agreed upon materials have been enclosed, or if you have any
other questions, please contact our office immediately so that we can reach a satisfactory
resolution as soon as possible.
We appreciate your assistance in this matter. Please do not hesitate to contact us if you have any
questions or comments.
Sincerely,
RESCOM Environmental Corporation
Andrew Smith, Project Manager
260-385-6999
tcns@rescom.org
RESCOM 19080047
3.A.f
Packet Pg. 193 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. • P.O. Box 5516 • Fort Wayne, IN 46895
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
October 25, 2019
Mr. Theodore Isham, Historic Preservation Officer
Seminole Nation of Oklahoma
P.O. Box 1498
Wewoka, OK 74884
RE: INVITATION TO COMMENT UNDER SECTION 106
TCNS ID: 189171
Kapok
Kapok St & Frangipani Ave
Naples, Collier County, FL 34117
Dear Mr. Isham,
RESCOM Environmental Corp (RESCOM) was retained by Ignite Wireless to complete Section
106 Compliance as delegated by the FCC and outlined in 36 CFR Part 800 for the above
referenced project.
Ignite Wireless proposes the construction of a 250’ self-supporting lattice style
telecommunications tower with an access drive at the above referenced location. In accordance
with Ignite Wireless earlier communications via the FCC Tower Construction Notification System,
Ignite Wireless and RESCOM respect the sovereign status of your Tribe and are writing to outline
the project.
Enclosed for your review are maps and project drawings regarding the proposed project. An
archaeological survey was conducted and did not discover any archaeological sites or materials;
results and recommendations are detailed in the attached report.
Except to the extent that we have agreed otherwise, the ‘Voluntary Best Practices for Expediting
the Process of Communications Tower and Antenna Siting Review’ provides that your Tribe
should evaluate this submission and respond in writing with an opinion of interest or no interest.
If you do not believe that all of the agreed upon materials have been enclosed, or if you have any
other questions, please contact our office immediately so that we can reach a satisfactory
resolution as soon as possible.
We appreciate your assistance in this matter. Please do not hesitate to contact us if you have any
questions or comments.
Sincerely,
RESCOM Environmental Corporation
Andrew Smith, Project Manager
260-385-6999
tcns@rescom.org
RESCOM 19080047
3.A.f
Packet Pg. 194 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. • P.O. Box 5516 • Fort Wayne, IN 46895
Phone: (260) 385-6999 • Fax: (231) 487-0726
www.rescom.org
October 25, 2019
Mr. Mekko Ryan Morrow,
Thlopthlocco Tribal Town
Thlopthloccotribaltowntowers@gmail.com; CC: Thpo@tttown.org
P.O. Box 188
Okemah, OK 74859
RE: INVITATION TO COMMENT UNDER SECTION 106
TCNS ID: 189171
Kapok
Kapok St & Frangipani Ave
Naples, Collier County, FL 34117
Dear Mr. Morrow,
RESCOM Environmental Corp (RESCOM) was retained by Ignite Wireless to complete Section
106 Compliance as delegated by the FCC and outlined in 36 CFR Part 800 for the above
referenced project.
Ignite Wireless proposes the construction of a 250’ self-supporting lattice style
telecommunications tower with an access drive at the above referenced location. In accordance
with Ignite Wireless earlier communications via the FCC Tower Construction Notification System,
Ignite Wireless and RESCOM respect the sovereign status of your Tribe and are writing to outline
the project.
Enclosed for your review are maps and project drawings regarding the proposed project. An
archaeological survey was conducted and did not discover any archaeological sites or materials;
results and recommendations are detailed in the attached report.
Except to the extent that we have agreed otherwise, the ‘Voluntary Best Practices for Expediting
the Process of Communications Tower and Antenna Siting Review’ provides that your Tribe
should evaluate this submission and respond in writing with an opinion of interest or no interest.
If you do not believe that all of the agreed upon materials have been enclosed, or if you have any
other questions, please contact our office immediately so that we can reach a satisfactory
resolution as soon as possible.
We appreciate your assistance in this matter. Please do not hesitate to contact us if you have any
questions or comments.
Sincerely,
RESCOM Environmental Corporation
Andrew Smith, Project Manager
260-385-6999
tcns@rescom.org
RESCOM 19080047
3.A.f
Packet Pg. 195 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6407713
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-a3bf6130902c92f5de1d5e1fbef3bb…1/2
Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6407713
From:towernotifyinfo@fcc.gov
Sent:Thu, Sep 5, 2019 at 4:09 pm
To:tcns@rescom.org
Dear Andrew Smith,
Thank you for using the Federal Communications Commission's (FCC) Tower Construction
Notification System (TCNS). The purpose of this email is to inform you that an authorized user
of the TCNS has replied to a proposed tower construction notification that you had submitted
through the TCNS.
The following message has been sent to you from Cell Tower Coordinator Kelly Nelson of the
Eastern Shawnee Tribe of Oklahoma in reference to Notification ID #189171:
The Cultural Preservation Office of the Eastern Shawnee Tribe of Oklahoma requires the following
information regarding all proposed FCC projects.
DO NOT EMAIL DOCUMENTATION; IT WILL BE DELETED WITHOUT BEING OPENED.
Submit by US postal mail or other parcel carrier all the following information for all
telecommunication projects to:
Eastern Shawnee Tribe of Oklahoma
Attn: Kelly Nelson
70500 E. 128 Rd.
Wyandotte, OK 74370
1. Provide a 1-page cover letter with the following information:
a. TCNS Number
b. Company Name
c. Project Name, City, County, State
d. Project type
e. Project coordinates
f. Total area surveyed in acres
g. Contact information.
2. Professional cultural/archaeological resource survey report.
3. Aerial and/or USGS topographic maps showing general project location (small scale).
4. Aerial, color USGS topographic, or planimetric maps showing project area (large
scale).
5. Project site plan map depicting labeled shovel test locations.
6. Shovel Test Log.
7. Site photographs.
We request the opportunity to review and comment on scopes of work for projects whose purpose is
to evaluate or mitigate archaeological sites discovered during a telecom project survey, and we
also request to review the final reports for those projects.
NOTE: The 30 day review period begins when we, The Eastern Shawnee Tribe of Oklahoma, receive
ALL required documentation for the TCNS submittal, not when it is sent out. We suggest sending
TCNS submissions with a tracking number to reference and confirm when we receive it in our
office.
The Eastern Shawnee Procedures document is recommended for guidance, send an email to Kelly
Nelson at: celltower@estoo.net to request the most current copy.
For your convenience, the information you submitted for this notification is detailed below.
Notification Received: 09/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
3.A.f
Packet Pg. 196 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 Reply to Proposed Tower Structure (Notification ID: 189171) - EmailID #6407713
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-a3bf6130902c92f5de1d5e1fbef3bb…2/2
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
3.A.f
Packet Pg. 197 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email I…
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-fc4962e1d5b6b397da8f9716b7e46…1/3
NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED
TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email ID #6404659
From:towernotifyinfo@fcc.gov
Sent:Fri, Sep 6, 2019 at 3:02 am
To:tcns@rescom.org
Cc:tcnsweekly@fcc.gov
Dear Applicant:
Thank you for using the Federal Communications Commission's (FCC) Tower
Construction Notification System (TCNS). The purpose of this electronic mail message is to
inform you that the following authorized persons were sent the notification that you provided
through TCNS, which relates to your proposed antenna structure. The information was forwarded
by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note
that the review period for all parties begins upon receipt of the Submission Packet pursuant to
Section VII.A of the NPA and notifications that do not provide this serve as information only.
Persons who have received the notification that you provided include leaders or
their designees of federally-recognized American Indian Tribes, including Alaska Native Villages
(collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic
Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal
Nations and NHOs and in making further contacts, the City and State of the Seat of Government
for each Tribal Nation and NHO, as well as the designated contact person, is included in the
listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral
homelands or other locations that are far removed from their current Seat of Government.
Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for
Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal
Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a
reasonable opportunity to respond to this notification, consistent with the procedures set forth
below, unless the proposed construction falls within an exclusion designated by the Tribal
Nation or NHO. (NPA, Section IV.F.4).
The notification that you provided was forwarded to the following Tribal Nations
and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided.
If, upon receipt, the Tribal Nation or NHO does not respond within a reasonable time, you
should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed
to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not
respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between
you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G).
These procedures are further set forth in the FCC's Second Report and Order released on March
30, 2018 (FCC 18-30).
1. NAGPRA & Section 106 Representative Fred Dayhoff - Miccosukee Tribe of Indians of
Florida - Tamiami Station (PO Box: 440021) Miami, FL - hopel@miccosukeetribe.com - 239-695-4360
- regular mail
If the applicant/tower builder receives no response from the Miccosukee Tribe of Indians
of Florida within 30 days after notification through TCNS, the Miccosukee Tribe of Indians of
Florida has no interest in participating in pre-construction review for the proposed site. The
Applicant/tower builder,
however, must immediately notify the Miccosukee Tribe of Indians of Florida in the event
archaeological properties or human remains are discovered during construction, consistent with
Section IX of the Nationwide Programmatic Agreement and applicable law.
2. Compliance Review Supervisor THPO Compliance - Seminole Tribe of Florida - 30290 Josie
Billie Hwy PMB 1004 Clewiston, FL - THPOcompliance@semtribe.com - 863-983-6549 (ext: 12245) -
electronic mail
3. Historic Preservation Officer Theodore Isham - Seminole Nation of Oklahoma - (PO Box:
1498) Wewoka, OK - tcns-sno@sno-nsn.gov - 405-234-5218 - electronic mail
Exclusions: Please send all inquiries to email address: tcns-sno@sno-nsn.gov
3.A.f
Packet Pg. 198 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email I…
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-fc4962e1d5b6b397da8f9716b7e46…2/3
If the applicant/tower builder receives no response from the Seminole Nation of Oklahoma
within 30 days after notification through TCNS, the Seminole Nation of Oklahoma has no interest
in participating in pre-construction review for the proposed site. The Applicant/tower builder,
however, must immediately notify the Seminole Nation of Oklahoma in the event
archaeological properties or human remains are discovered during construction, consistent with
Section IX of the Nationwide Programmatic Agreement and applicable law.
4. TCNS Coordinator Anne Edwards-Martel Ms - Muscogee (Creek) Nation - Highway 75 & Loop
56 (PO Box: 580) Okmulgee, OK - mcntcns@mcn-nsn.gov; section106@mcn-nsn.gov - 918-732-7639 -
regular mail
5. Cell Tower Coordinator Kelly Nelson - Eastern Shawnee Tribe of Oklahoma - 70500 East
128 Road Wyandotte, OK - celltower@estoo.net - 918-666-2435 (ext: 1861) - regular mail
Exclusions: DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened.
Submit one printed color copy by US postal mail or other parcel carrier of all documentation to:
Eastern Shawnee Tribe
Attn: Cell Tower Program
70500 E. 128 Rd.
Wyandotte, OK 74370
Provide a 1-page cover letter with the following information:
a. TCNS Number
b. Company Name
c. Project Name, City, County, State
d. Project type
e. Project coordinates
f. Contact information
The Eastern Shawnee Procedures document is available and highly recommended for guidance; send
an email to celltower@estoo.net requesting our most current copy.
6. Mekko Ryan Morrow - Thlopthlocco Tribal Town - P.O. Box 188 Okemah, OK -
thpo@tttown.org - 000-000-0000 - electronic mail
Exclusions: Thlopthlocco Tribal Town requests that all initial review materials required by
applicable law be submitted by email directly to thpo@tttown.org. In addition, in the event
archeological or cultural materials or human remains are discovered at any time during this
undertaking, please notify Thlopthlocco Tribal Town immediately.
The notification that you provided was also forwarded to the following SHPOs in
the State in which you propose to construct and neighboring States. The information was
provided to these SHPOs as a courtesy for their information and planning. You need make no
effort at this time to follow up with any SHPO that does not respond to this notification.
Prior to construction, you must provide the SHPO of the State in which you propose to construct
(or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal
lands), with a Submission Packet pursuant to Section VII.A of the NPA unless the project is
excluded from SHPO review under Section III D or E of the NPA.
7. SHPO Lee Warner - Alabama Historical Commission - 468 South Perry Street Montgomery,
AL - lwarner@mail.preserveala.org - 334-242-3184 - electronic mail
8. Deputy SHPO Elizabeth Ann Brown - Alabama Historical Commission - 468 South Perry
3.A.f
Packet Pg. 199 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email I…
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-fc4962e1d5b6b397da8f9716b7e46…3/3
Street Montgomery, AL - ebrown@mail.preserveala.org - 334-242-3185 - electronic mail
9. Deputy SHPO Compliance Review Laura A Kammerer - Div of Historical Resources, Dept of
State - 500 S. Bronough St. Tallahassee, FL - lkammerer@dos.state.fl.us - 850-245-6333 -
electronic mail
10. Historic Preservationist Robin Jackson - Florida Division of Historical Resources -
500 S. Bronough Street Tallahasse, FL - Robin.Jackson@DOS.myflorida.com - 850-245-6333 -
electronic mail
TCNS automatically forwards all notifications to all Tribal Nations and SHPOs
that have an expressed interest in the geographic area of a proposal. However, if a proposal for
PTC wayside poles falls within a designated exclusion, you need not expect any response and need
not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular
Tribal Nation or SHPO may also set forth policies or procedures within its details box that
exclude from review certain facilities (for example, a statement that it does not review
collocations with no ground disturbance; or that indicates that no response within 30 days
indicates no interest in participating in pre-construction review).
Please be advised that the FCC cannot guarantee that the contact(s) listed above
have opened and reviewed an electronic or regular mail notification. If you learn that any of
the above contact information is no longer valid, please contact the FCC by emailing
tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the
person(s) listed above:
Notification Received: 09/03/2019
Notification ID: 189171
Excluded from SHPO Review: No
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min 0.7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82.0 meters above mean sea level
If you have any questions or comments regarding this notice, please contact the FCC using the
electronic Help Request form located on the FCC's website at:
https://www.fcc.gov/wireless/available-support-services
You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824).
Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal
holidays). To provide quality service and ensure security, all telephone calls are recorded.
Thank you,
Federal Communications Commission
3.A.f
Packet Pg. 200 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
9/6/2019 Proposed Tower Structure Info - Email ID #6403526
https://apps.rackspace.com/versions/webmail/16.6.0-RC/popup.php?wsid=30dcad722f6341b5a4a8bd5d486fe1a3-d51ac2341b49c4353b5a94792edcb…1/1
Proposed Tower Structure Info - Email ID #6403526
From:towernotifyinfo@fcc.gov
Sent:Tue, Sep 3, 2019 at 1:20 pm
To:tcns@rescom.org
Dear Andrew Smith,
Thank you for submitting a notification regarding your proposed construction via the Tower
Construction Notification System. Note that the system has assigned a unique Notification ID
number for this proposed construction. You will need to reference this Notification ID number
when you update your project's Status with us.
Below are the details you provided for the construction you have proposed:
Notification Received: 09/03/2019
Notification ID: 189171
Tower Owner Individual or Entity Name: CitySwitch
Consultant Name: Andrew Smith
P.O. Box: 5516
City: Fort Wayne
State: INDIANA
Zip Code: 46895
Phone: 260-385-6999
Email: tcns@rescom.org
Structure Type: LTOWER - Lattice Tower
Latitude: 26 deg 12 min 36.9 sec N
Longitude: 81 deg 36 min .7 sec W
Location Description: Kapok St & Frangipani Ave
City: Naples
State: FLORIDA
County: COLLIER
Detailed Description of Project: Collocation of antennas on a new lattice telecommunications
tower, within a 100' x 100' lease area. Proposed project will include ground disturbance.
Ground Elevation: 5.8 meters
Support Structure: 76.2 meters above ground level
Overall Structure: 76.2 meters above ground level
Overall Height AMSL: 82 meters above mean sea level
3.A.f
Packet Pg. 201 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
ATTACHMENT C – INFORMAL BIOLOGICAL ASSESSMENT & MAPS
Ignite Wireless, Inc
FCC NEPA Summary Report
Kapok
3.A.f
Packet Pg. 202 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770
Phone: (231) 409-2563 • Fax: (231) 487-0726
www.rescom.org
September 13, 2019
Colleen Carroll
Ignite Wireless, Inc
102 Mary Alice Park Road, Suite 505
Cumming, GA 30040
RE: Informal Biological Assessment for the proposed construction of a
telecommunications tower facility:
Kapok Tower
Kapok St & Frangipani Ave
Naples, Collier County, FL 34117
Dear Ms. Carroll,
RESCOM Environmental Corp has completed an Informal Biological Assessment (IBA) in
conjunction with a NEPA assessment for the above referenced property. The purpose of this IBA
is to address potential affects to threatened and endangered species and critical habitats as
referenced in 47 CFR 1.1307 (a) 3. Additionally, this IBA addresses potential affects to migratory
birds as referenced in the Note to 47 CFR 1.1307 (d).
Based on the information presented in this report, the proposed project is not likely to impact
threatened and endangered species as contained in 50 CFR 17.11, 17.22, 222.23(a), 227.4,
critical habitats as contained in 50 CFR 17.95, 17.96, and part 226, or migratory birds protected
under the Migratory Bird Treaty Act.
Thank you for the opportunity to provide this service and we look forward to working with you in
the future. If you have any questions or comments, please call our office at (231) 409-2563.
Sincerely,
RESCOM Environmental Corp
Andrew Smith
Project Manager
andrew.smith@rescom.org
RESCOM File 19080047
3.A.f
Packet Pg. 203 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
INFORMAL BIOLOGICAL ASSESSMENT
Ignite Wireless
Informal Biological Report
Kapok Tower
Site Name: Kapok Tower Site Number:
Site Location: Kapok St & Frangipani Ave, Naples, Collier County, FL 34117
Project Type: Proposed construction of a 250’ self-supporting lattice style telecommunications
tower
Unless stated otherwise, for the purpose of this report RESCOM Environmental Corp assessed
the direct project area and a 30’ buffer in all directions from the boundary of all proposed lease
areas.
REGULATORY STATEMENT:
This Informal Biological Assessment (IBA) is being performed in conjunction with a NEPA
assessment as required by the National Environmental Policy Act (NEPA) referenced in 47 CFR
Subpart 1, Chapter 1, Sections 1.130-1.1319. This IBA addresses potential affects to threatened
and endangered species and critical habitats as referenced in 47 CFR 1.1307 (a) 3. Additionally,
this IBA addresses potential affects to migratory birds as referenced in the Note to 47 CFR 1.1307
(d). For the purposes of this report, RESCOM assessed threatened and endangered species as
contained in 50 CFR 17.11, 17.22, 222.23(a), 227.4, critical habitats as contained in 50 CFR
17.95, 17.96, and part 226, and migratory birds protected under the Migratory Bird Treaty Act.
PROJECT OVERVIEW:
CitySwitch proposes the construction of a 250’ self-supporting lattice style telecommunications
tower within a 100’ x 100’ lease area. A proposed driveway off Kapok Street will be utilized for
access. The proposed project will route utilities to the nearest power and telco sources.
Potential ground disturbance and habitat impact will be limited to the proposed 100’ x 100’ lease
area, access easement, and utility easement.
LOCAL HABITAT:
RESCOM conducted a field reconnaissance of the proposed project area and determined the
habitat at the subject property consists of a grass lot and dirt road. Habitats at the adjacent
properties include scattered trees, grass lots, and bushes in all directions.
CRITICAL HABITAT, WILDLIFE REFUGES, AND WETLANDS:
RESCOM utilized the USFWS Information, Planning, and Conservation (IPaC) decision support
system to determine if there are any critical habitats or National Wildlife Refuges within or near
the proposed project area. Based on the IPaC results, there are no critical habitats or National
Wildlife Refuges at or near the proposed project area.
Based on a review of the digitized National Wetlands Inventory maintained by the U.S. Fish and
Wildlife Service (USFWS), the subject property is not within the boundary of a designated wetland.
Additionally, no wetland indicators such as wetland vegetation or standing water were noted at
the time of the field inspection. According to the Natural Resource Conservation Service (NRCS)
Web Soil Survey, underlying soils consist of Riviera soils. Riviera series are not listed as hydric
soils by the United States Department of Agriculture. The nearest body of water, a river, is
3.A.f
Packet Pg. 204 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Ignite Wireless
Informal Biological Report
Kapok Tower
approximately 900 feet north of the subject property. Based on all of these factors there are no
wetland areas at or near the subject property.
THREATENED & ENDANGERED SPECIES:
RESCOM utilized IPaC to determine if any listed or potentially listed Threatened & Endangered
species exist within or within 30’ of the proposed project area. RESCOM then reviewed various
field guides and reference books to determine what habitats are necessary to support the listed
or potentially listed species of the area. Necessary habitats were compared to the habitat found
at and near the subject property. Based on this comparison, none of the listed or potentially listed
Threatened & Endangered species identified by the USFWS are likely to be found at the subject
property, or within a 30’ buffer zone surrounding all proposed lease areas. A complete list of
these species, their required habitat, and the potential project impact is as follows:
Species Status* Required Habitat Potential
Impact Reasoning
American
Alligator
Alligator
mississippiensis
LT
Prefer fresh water marsh, may
occassionally be within brackish
waters. Nests within swamps and
marshes.
No Effect
No
Suitable
Habitat
American
Crocodile
Crocodylus acutus
LT
Coastal habitat, living in brackish
and saltwater areas in mangrove
swamps.
No Effect
No
Suitable
Habitat
Audubon's
Crested Caracara
Polyborus plancus
audubonii
LT
Occurs in dry or wet prairie areas
with scattered cabbage palms
(Sabal palmetto). May also be
found in lightly wooded areas.
May use improved or semi-
improved pasture with the
presence of seasonal wetlands.
No Effect
No
Suitable
Habitat
Bartram's
Hairstreak
Butterfly
Strymon acis
bartrami
LE
Habitat includes pine rockland.
Caterpillars feed only on pineland
croton, an understory plant in pine
rockland habitat.
No Effect
No
Suitable
Habitat
Cape Sable
Seaside Sparrow
Ammodramus
maritimus mirabilis
LE
Preferred nesting habitat is a
mixed marl prairie community
which often includes muhly grass
(Muhlenbergia filipes) and
moderately dense clumped
grasses, with open space
permitting ground movements by
the sparrow.
No Effect
No
Suitable
Habitat
Eastern Indigo
Snake
Drymarchon corais
couperi
LT
Pine flatwoods, scrubby flatwoods,
high pine, dry prairie, tropical
hardwood hammocks, edges of
freshwater marshes, coastal
dunes, and human-altered
habitats. Require a mix of habitats
for full annual cycle.
No Effect
No
Suitable
Habitat
3.A.f
Packet Pg. 205 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Ignite Wireless
Informal Biological Report
Kapok Tower
Species Status* Required Habitat Potential
Impact Reasoning
Everglade Snail
Kite
Rostrhamus
sociabilis plumbeus
LE
Consists of freshwater marshes
and the shallow vegetated edges
of lakes where apple snails can be
found, characterized as palustrine-
emergent, long-hydroperiod
wetlands often in organic peat
substrate overlying oolitic
limestone or sand or directly on
limestone or marl.
No Effect
No
Suitable
Habitat
Florida Bonneted
Bat
Eumops floridanus
LE
This bat occurs in urban,
suburban, and forested areas; it
roosts in buildings (e.g., in attics,
rock or brick chimneys of
fireplaces, and especially under
Spanish roof tiles, often in
buildings dating from about 1920-
1930), sometimes in tree hollows
(including those made by
woodpeckers), occasionally in
foliage of palm trees (e.g., shafts
of Royal Palm leaves); also has
been found under rocks, in
fissures in limestone outcrops, and
near excavations (Layne 1978,
Timm and Genoways 2004).
No Effect
No
Suitable
Habitat
Florida
Grasshopper
Sparrow
Ammodramus
savannarum
floridanus
LE
The Florida grasshopper sparrow
requires large treeless grasslands
dominated by bunch grasses, low
shrubs, and saw palmetto with
enough interspersed bare ground
for this ground-dwelling sparrow to
forage effectively. This habitat is
dependent on frequent burning,
and the sparrows prefer prairies
which have been burned within the
previous two years. The prairie
was historically maintained by
frequent wildfires which were
ignited by lightning, or prescribed
fires set by cattle ranchers.
No Effect
No
Suitable
Habitat
Florida Leafwing
Butterfly
Anaea troglodyta
floridalis
LE
Habitat includes pine rockland.
Caterpillars feed only on pineland
croton, an understory plant in pine
rockland habitat.
No Effect
No
Suitable
Habitat
Florida Panther
Puma (=Felis)
concolor coryi
LE
Diverse habitat including wetlands,
swamps, upland forests, and
stands of saw palmetto.
No Effect
No
Suitable
Habitat
3.A.f
Packet Pg. 206 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Ignite Wireless
Informal Biological Report
Kapok Tower
Species Status* Required Habitat Potential
Impact Reasoning
Florida Prairie-
clover
Dalea
carthagenensis
floridana
LE
Pine rocklands, edges of rockland
hammocks, coastal uplands, marl
prairie.
No Effect
No
Suitable
Habitat
Florida Scrub-jay
Aphelocoma
coerulescens
LT
The Florida scrub-jay is the only
species of bird that is unique to
Florida. Scrub-jays inhabit sand
pine and xeric oak scrub, and
scrubby flatwoods, which occur in
some of the highest and driest
areas of Florida – ancient sandy
ridges that run down the middle of
the state, old sand dunes along
the coasts, and sandy deposits
along rivers in the interior of the
state.
No Effect
No
Suitable
Habitat
Garber's Spurge
Chamaesyce
garberi
LT
Sandy soils over limestone in pine
rocklands, hammock edges,
coastal rock barrens, grass
prairies, salt flats, beach ridges,
and swales.
No Effect
No
Suitable
Habitat
Ivory-billed
Woodpecker
Campephilus
principalis
LE
Found in mature bottomland forest
and cypress swamps with large
hardwoods.
No Effect
No
Suitable
Habitat
Kirtland’s Warbler
Dendroica kirtlandii LE Occurs in young jack pine stands. No Effect
No
Suitable
Habitat
Loggerhead Sea
Turtle
Caretta caretta
LT
Loggerheads nest on ocean
beaches, generally preferring high
energy, relatively narrow, steeply
sloped, coarse-grained beaches.
Take up residence in areas often
characterized by accumulations of
floating material.
No Effect
No
Suitable
Habitat
Miami Blue
Butterfly
Cyclargus
(=Hemiargus)
thomasi
bethunebakeri
LE
Habitat includes tropical hardwood
hammocks and associated
margins. Caterpillars hatch and
feed exclusively on gray nicker
bean.
No Effect
No
Suitable
Habitat
Piping Plover
Charadrius
melodus
LT
Suitable breeding habitats include
wide beaches with highly clumped
vegetation such as around small
alkaline lakes and reservoir
beaches.
No Effect
No
Suitable
Habitat
3.A.f
Packet Pg. 207 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Ignite Wireless
Informal Biological Report
Kapok Tower
Species Status* Required Habitat Potential
Impact Reasoning
Puma (=mountain
Lion)
Puma (=Felis)
concolor (all subsp.
except coryi)
LT
Diverse habitat including wetlands,
swamps, upland forests, and
stands of saw palmetto.
No Effect
No
Suitable
Habitat
Red Knot
Calidris canutus
rufa
LT
Breeds on the tundra; during
migration and in the winter it can
be found on tidal flats, rocky
shores, and beaches.
No Effect
No
Suitable
Habitat
Red-cockaded
Woodpecker
Picoides borealis
LE
This endangered species is a
habitat specialist that is strongly
tied to old-growth pine forests that
burn frequently, leaving the
understory mostly clear of younger
pines and hardwoods. They were
once common in vast tracts of
longleaf pine; now they also occur
in loblolly, slash, and some other
pine stands in the southeastern
pine flatwoods.
No Effect
No
Suitable
Habitat
Wood Stork
Mycteria americana LT
Prefers freshwater and estaurine
wetlands, primarily nesting in
cypress or mangrove swamps.
Feed in freshwater marshes,
narrow tidal creeks, or flooded tidal
pools.
No Effect
No
Suitable
Habitat
*LE: Listed Endangered; LT: Listed Threatened; PE: Proposed Endangered; PT: Proposed Threatened
MIGRATORY BIRDS:
Based on the results of a field reconnaissance and review of available maps maintained by the
U.S. Forest Service (USFS) and USFWS, the proposed project area is not located in a waterway,
wildlife refuge, national wilderness area, grassland, forest area, ridge-line, coastline or area
commonly known to have high incidences of fog or low clouds, where migratory birds may be
found. The proposed project area is located in a primary flyway. While the probability that
migratory birds will be found within the project area is minimal, the presence of migratory birds
cannot be ruled out. The IPaC results suggest multiple migratory bird species may be located
within the county of the project area.
The USFWS has established “Service Guidance on the Siting, Construction, Operation and
Decommissioning of Communication Towers” to reduce potential impact to migratory birds.
These guidelines suggest, if collocating on an existing tower or non-tower structure is not
possible, that proposed towers be constructed 199’ or less in overall height, without the use of
guy wires, and in a facility with a minimum possible footprint. Additionally, the USFWS suggests
towers be unlit or lit with only white or red strobe lights. All necessary guy wires should have
daytime visual markers on the wires. Lastly, towers should be designed to encourage future
collocations.
3.A.f
Packet Pg. 208 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Ignite Wireless
Informal Biological Report
Kapok Tower
While the proposed tower will have an overall height of 250’, according to the current available
studies, such as the Michigan State Police Tower Study, towers above 500’ appear to have more
of an effect on migratory birds than towers that are shorter than 500’. Based on the construction
drawings provided by CitySwitch, we have concluded that steps have been taken to adhere to the
USFWS tower siting guidelines including constructing with a minimum facility footprint, and to
accommodate future collocations.
CONCLUSIONS:
Based on the information presented in this report, habitats necessary to support listed and
potentially listed Threatened & Endangered species and Critical Habitats do not exist at the
subject property or in the vicinity. Therefore, the proposed project is not likely to impact
Threatened & Endangered species as contained in 50 CFR 17.11, 17.22, 222.23(a), 227.4, critical
habitats as contained in 50 CFR 17.95, 17.96, and part 226, or migratory birds protected under
the Migratory Bird Treaty Act.
Joe Lee / Biologist Andrew Smith / Report Preparer
RESCOM Environmental Corp. RESCOM Environmental Corp.
RESCOM File 19080047
3.A.f
Packet Pg. 209 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
Ignite Wireless
Informal Biological Report
Kapok Tower
SUPPORTING DOCUMENTATION
U.S. Fish & Wildlife Service Information, Planning, and Conservation (IPaC) Results
U.S. Fish & Wildlife service National Wetlands Inventory
Natural Resource Conservation Service Web Soil Survey
North American Flyway Map
3.A.f
Packet Pg. 210 Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
United States Department of the Interior
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Field Office
1339 20th Street
Vero Beach, FL 32960-3559
Phone: (772) 562-3909 Fax: (772) 562-4288
http://fws.gov/verobeach
In Reply Refer To:
Consultation Code: 04EF2000-2019-SLI-1080
Event Code: 04EF2000-2019-E-03329
Project Name: Kapok
Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
August 30, 2019
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A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
▪Official Species List
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Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
South Florida Ecological Services Field Office
1339 20th Street
Vero Beach, FL 32960-3559
(772) 562-3909
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08/30/2019 Event Code: 04EF2000-2019-E-03329 2
Project Summary
Consultation Code:04EF2000-2019-SLI-1080
Event Code:04EF2000-2019-E-03329
Project Name:Kapok
Project Type:COMMUNICATIONS TOWER
Project Description:New 250 ft Tower
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/26.21031128211728N81.60018047018193W
Counties:Collier, FL
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Endangered Species Act Species
There is a total of 25 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Florida Bonneted Bat Eumops floridanus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8630
Endangered
Florida Panther Puma (=Felis) concolor coryi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1763
Habitat assessment guidelines:
https://ecos.fws.gov/ipac/guideline/assessment/population/8/office/41420.pdf
Endangered
Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi)
Population: FL
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6049
Similarity of
Appearance
(Threatened)
West Indian Manatee Trichechus manatus
There is final critical habitat for this species. Your location is outside the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https://ecos.fws.gov/ecp/species/4469
Threatened
1
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Birds
NAME STATUS
Audubon's Crested Caracara Polyborus plancus audubonii
Population: FL pop.
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8250
Threatened
Cape Sable Seaside Sparrow Ammodramus maritimus mirabilis
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6584
Endangered
Everglade Snail Kite Rostrhamus sociabilis plumbeus
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/7713
Species survey guidelines:
https://ecos.fws.gov/ipac/guideline/survey/population/1221/office/41420.pdf
Endangered
Florida Grasshopper Sparrow Ammodramus savannarum floridanus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/32
Endangered
Florida Scrub-jay Aphelocoma coerulescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6174
Threatened
Ivory-billed Woodpecker Campephilus principalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8230
Endangered
Kirtland's Warbler Setophaga kirtlandii (= Dendr oica kirtlandii)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8078
Endangered
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Threatened
Red Knot Calidris canutus rufa
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Threatened
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Wood Stork Mycteria americana Threatened
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NAME STATUS
Population: AL, FL, GA, MS, NC, SC
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8477
Habitat assessment guidelines:
https://ecos.fws.gov/ipac/guideline/assessment/population/124/office/41420.pdf
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/776
Similarity of
Appearance
(Threatened)
American Crocodile Crocodylus acutus
Population: U.S.A. (FL)
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6604
Threatened
Eastern Indigo Snake Drymarchon corais couperi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/646
Threatened
Loggerhead Sea Turtle Caretta caretta
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1110
Threatened
Fishes
NAME STATUS
Atlantic Sturgeon (gulf Subspecies) Acipenser oxyrinchus (=oxyrhynchus)
desotoi
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/651
Threatened
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Insects
NAME STATUS
Bartram's Hairstreak Butterfly Strymon acis bartrami
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4837
Endangered
Florida Leafwing Butterfly Anaea troglodyta floridalis
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6652
Endangered
Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3797
Endangered
Flowering Plants
NAME STATUS
Florida Prairie-clover Dalea carthagenensis floridana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2300
Endangered
Garber's Spurge Chamaesyce garberi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8229
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Wetland 19080047
U.S. Fish and Wildlife Service, National Standards and Support Team,
wetlands_team@fws.gov
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
August 30, 2019
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:7,218
This page was produced by the NWI mapper
National Wetlands Inventory (NWI)
This map is for general reference only. The US Fish and Wildlife
Service is not responsible for the accuracy or currentness of the
base data shown on this map. All wetlands related data should
be used in accordance with the layer metadata found on the
Wetlands Mapper web site.
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Soil Map—Collier County Area, Florida
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/13/2019
Page 1 of 32898600289870028988002898900289900028991002899200289930028994002899500289960028986002898700289880028989002899000289910028992002899300289940028995002899600439300439400439500439600439700439800439900440000440100440200440300440400440500440600440700440800
439300 439400 439500 439600 439700 439800 439900 440000 440100 440200 440300 440400 440500 440600 440700 440800
26° 12' 53'' N 81° 36' 29'' W26° 12' 53'' N81° 35' 31'' W26° 12' 19'' N
81° 36' 29'' W26° 12' 19'' N
81° 35' 31'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 350 700 1400 2100Feet
0 100 200 400 600Meters
Map Scale: 1:7,400 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
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MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Collier County Area, Florida
Survey Area Data: Version 11, Sep 18, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Feb 6, 2015—Feb
12, 2015
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Collier County Area, Florida
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/13/2019
Page 2 of 3
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Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
14 Pineda fine sand, limestone
substratum, 0 to 2 percent
slopes
13.3 6.6%
16 Oldsmar fine sand, 0 to 2
percent slopes
13.8 6.8%
18 Riviera fine sand, limestone
substratum, 0 to 2 percent
slopes
150.2 74.2%
21 Boca fine sand, 0 to 2 percent
slopes
17.3 8.6%
99 Water 7.8 3.9%
Totals for Area of Interest 202.4 100.0%
Soil Map—Collier County Area, Florida
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
9/13/2019
Page 3 of 3
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USGS The National Map: Orthoimagery. Data refreshed April, 2019.
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü81°36'19.38"W 26°12'53.08"N 81°35'41.92"W 26°12'20.80"N
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOODHAZARD AREAS
Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or Depth Zone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone X
Future Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes.Zone X
Area with Flood Risk due to Levee Zone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood Hazard Zone D
Channel, Culvert, or Storm SewerLevee, Dike, or Floodwall
Cross Sections with 1% Annual Chance17.5 Water Surface ElevationCoastal Transect
Coastal Transect BaselineProfile BaselineHydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of StudyJurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards
The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 8/30/2019 at 10:14:15 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.
This map image is void if the one or more of the following mapelements do not appear: basemap imagery, flood zone labels,legend, scale bar, map creation date, community identifiers,FIRM panel number, and FIRM effective date. Map images forunmapped and unmodernized areas cannot be used forregulatory purposes.
Legend
OTHER AREAS OFFLOOD HAZARD
OTHER AREAS
GENERALSTRUCTURES
OTHERFEATURES
MAP PANELS
8
1:6,000
B 20.2
The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location.
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8/30/2019 ArcGIS - USA Federal Lands
https://www.arcgis.com/home/webmap/print.html 1/1
University of South Florida, County of Collier, FDEP, BuildingFootprintUSA, Esri, HERE, Garmin, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census
Bureau, USDA | nationamap.gov | University of South Florida, County of Collier, FDEP, BuildingFootprintUSA, Esri, HERE, Garmin, INCREMENT P,
METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA
USA Federal Lands
This web map presents the federal and tribal land areas of the United States
USA Federal Lands
NationalMapFederalLands
Forest Service
Department of
Defense
Bureau of Land
Management
US Fish and Wildlife
Service
National Park Service
Bureau of Indian
Affairs
Bureau of
Reclamation
Other Agencies
World Hillshade
World Hillshade
400ft
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Wilderness Map
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
10/17/2019, 2:38:06 PM 0 0.07 0.130.03 mi
0 0.1 0.20.05 km
1:4,514
Web AppBuilder for ArcGIS
County of Collier, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA | Wilderness Institute, College of Forestry and Conservation, University of Montana, Missoula, MT 59812 |
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k e
b e e
4ABAHAMAS
SCALE 1:7,500,000
200 300 400 MILES
0 100 200 300 400 500 600 KILOMETERS
o o oAlbers equal area projection, standard parallels 29 30'N and 45 30'N, central meridian 96 W
Produced in the Division of Realty, U.S. Fish & Wildlife Service
Desecheo Base Map Source: U.S. Geological Survey
January 3, 2018
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10/17/2019 Critical Habitat for Threatened & Endangered Species [USFWS]
https://fws.maps.arcgis.com/home/webmap/print.html 1/1
U.S. Fish and Wildlife Service | County of Collier, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA
Critical Habitat for Threatened & Endangered Species [USFWS]
A specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species
and that may require special management and protection.
Final Linear Features
Final Polygon Features
Proposed Linear Features
Proposed Polygon
Features
600ft
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J a c k s o n v i l l e
M o b i le
DEPARTMENT OF THE INTERIOR
Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma
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Revised Date: 8.4.2020
PL20190002701 3.A.f
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2020727765
Transaction Number:2020-033013
Date Paid:04/14/2020
Amount Due:$5,625.00
Payment Details: Payment Method Amount Paid Check Number
Credit Card $5,625.00 PL20190002701
Amount Paid:$5,625.00
Change / Overage:$0.00
Contact:Ignite Wireless - Kyle Lotze
102 Mary Alice Park Rd
Cumming, GA 30040
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Legal Advertising Fee PL20190002701 $1,125.00 $1,125.00 131-138326-341950
Credit PL20190002701 $5,000.00 $500.00 131-138326-341280
GL Transfer PL20190002701 $5,000.00 $500.00 131-138326-341276
Variance (non-residential)PL20190002701 $5,000.00 $4,500.00 131-138326-341280
Cashier Name:ThomasThompson
Batch Number:9115
Entered By: RenaldPaul
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2019685544
Transaction Number:2019-108818
Date Paid:11/26/2019
Amount Due:$500.00
Payment Details: Payment Method Amount Paid Check Number
Credit Card $500.00 15695059-C1465
1667
Amount Paid:$500.00
Change / Overage:$0.00
Contact:Ignite Wireless - Kyle Lotze
102 Mary Alice Park Rd
Cumming, GA 30040
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Pre-application Meeting PL20190002701 $500.00 $500.00 131-138326-341276
Cashier Name:AlinaHarris
Batch Number:8772
Entered By: JohnMartin
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Applicant/Agent may also send site
plans or conceptual plans for
review in advance if desired.
PL20190002701 – Kapok St SLC009 AT&T Firstnet Cell Tower (VA) - PRE-APP INFORMATION
Assigned Ops Staff: Ellen Murray
Camden Smith, (Ops Staff)
• Name and Number of who submitted pre-app request
Jim Alderman / 954-303-3170 / jjwirelessconsult@yahoo.com
• Agent to list for PL#
City Switch / Jim Alderman
• Owner of property (all owners for all parcels)
JOHANNES STEFFENS (Parcel: 00307840002)
• Confirm Purpose of Pre-App: (Rezone, etc.)
Pre-Application for Variance
• Please list the details of the project including density, proposed or considered uses for the project, size of
commercial vs. residential, number of homes/units/offices/docks (any that apply):
The project is for a 250’ self-support tower within a parcel (00307840002) located east of Kapok St. This
parcel has the agricultural zoning designation with the Rural Fringe Mixed Use and North Bell Meade
Overlay districts. The proposed tower will be located within a 75’x75’ compound centered within a
100’x100’ lease area. The parcel is approximately 170’ wide and the center of the tower is being
proposed 74’ from the eastern property line.
• Details about Project (choose type that applies):
Variance – We are seeking a variance from the ½ tower height setback requirement. The code states that a
tower should be setback the greater of ½ the tower height or the collapse radius. Please note, we have a
certified letter stating that, in the unlikely event of total separation, the proposed tower would result in collapse
within a the 100’x100’ lease area.
REQUIRED Supplemental Information provided by:
Name Kyle Lotze
Title Project manager
Email klotze@ignitewireless.com
Phone 470-239-0846
Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information
STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION
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Collier County, FL
Zoning Division
2800 North Horseshoe Dr
Naples, FL 34104
Re: Variance Application for Wireless Telecommunications Tower
CitySwitch II, LLC
Kapok St./FLC009
To Whom It May Concern,
We are hereby applying for a Setback Variance of the required half of the tower height setback
(125ft) as required by LDC 2.03.08.A.2.a.3.x. of the Collier County Zoning Regulations in order to
construct and maintain a Wireless Telecommunications Tower on the property located at Kapok Street,
Naples, FL 34117. We are proud to say that the proposed structure will be utilized by AT&T to support
the deployment of FirstNet. If unfamiliar, in 2017 the Department of Commerce and First Responder
Network Authority (FirstNet) signed a 25-year contract with AT&T to build the first nationwide wireless
network for America’s First Responders. The FirstNet network is planned to cover all 50 states, five U.S.
territories and the District of Columbia, including rural communities and tribal lands. In 2018, CitySwitch
was honored to execute an agreement with AT&T to assist in building the infrastructure needed for the
deployment of FirstNet as well as their existing wireless network needs. Additional information on
FirstNet can be found online at https://firstnet.gov/ .
Should you have any questions regarding the application and/or supporting documents provided, please
feel free to contact Jim Alderman at 954-303-3170 or email at jjwirelessconsult@yahoo.com .
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Transforming public safety communications
The First Responder Network Authority (FirstNet) has entered into a public-private partnership with AT&T to
build the first nationwide wireless broadband network dedicated to first responders for use in disasters,
emergencies and daily public safety work.
FirstNet provides initial funding, 20 MHz of spectrum and deep public safety expertise to the partnership.
AT&T brings a proven track record and strong commitment to public safety, as well as the commercial
expertise and nationwide resources to deploy, maintain and operate the network.
This 25-year partnership offers the best overall value to America and its public safety responders – both
from an investment perspective and in terms of the lifesaving technology it will put in the hands of law
enforcement, fire and emergency medical personnel in communities across the nation.
FirstNet will serve...
FIRST
RESPONDERS COMMUNITIES THE NATION
IN
fire, police, EMS
counties, cities,
tribal, rural
ACROSS 50 states,
territories & DC
Technology first responders need to save lives, protect communities
MODERNIZED PRIORITIZED SPECIALIZED
innovative app & device ecosystem
network improvements & upgrades
commercially proven cybersecurity
solutions
emergency
communications receive
highest priority
rapid buildout
with public safety
input
nationwide public safety solutions
leveraging
existing
infrastructure
robust coverage
where public safety
needs it
connectivity for
advanced mobile data
highly available
customer care
Learn more at FirstNet.gov/mediakit
5
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info@firstnet.gov | www.firstnet.gov | 571-665-6100
TOP10 ASKED QUESTIONS FREQUENTLY
1. What is the First Responder Network Authority?
The First Responder Network Authority is the independent authority established by Congress to deliver a nationwide broadband network
dedicated to public safety. The Network is strengthening public safety users’ communications capabilities, enabling them to respond more quickly
and effectively to accidents, disasters, and emergencies.
The First Responder Network Authority is led by a Board of leaders and executives from the public safety community; federal, state, and local
governments; and the technology, finance, and wireless sectors. It has a staff of about 200 employees with expertise in public safety,
telecommunications, customer service, technology, procurement, and other areas needed to develop the Network. It is headquartered in Reston, VA,
and has a technology center and lab in Boulder, CO.
2. What led to the creation of the First Responder Network Authority?
The 9/11 terrorist attacks brought to the forefront the many communications challenges that first responders face during emergencies and
disasters. These issues were captured in the 9/11 Commission Report, which identified gaps in emergency communications and recommended a
nationwide network for law enforcement, fire, and emergency medical personnel communications.
The public safety community united to fulfill the 9/11 Commission’s recommendation. Public safety organizations and associations advocated
before Congress for a dedicated, reliable wireless network for first responders. Their advocacy efforts led to the passage of legislation in 2012 to
create the agency to deploy the Network in all U.S. states and territories, including rural communities and tribal nations.
3. How has public safety been involved in the vision for the FirstNet network?
Public safety officials have worked closely with the First Responder Network Authority since its inception in 2012 to ensure the Network meets
first responders’ needs – today and in the future. The agency’s outreach and consultation efforts have connected the organization to more than
1.8 million first responders and state public safety and technology executives across the country.
Specifically, the First Responder Network Authority has consulted extensively with state single points of contact (SPOCs) in each of the 50 U.S.
states, 5 territories, and the District of Columbia, as well as local/municipal, tribal and federal public safety leaders. It also coordinates with
public safety through the Public Safety Advisory Committee (PSAC), which provides guidance and subject matter expertise from a first responder
perspective. Public safety leaders at the national, state and local levels continue to advocate for and support deployment of the Network.
4. How was AT&T selected to build, operate, and maintain the FirstNet network?
The First Responder Network Authority and the Department of Interior made the 25-year award based on the determination of the overall best
value solution for FirstNet and public safety. The buildup to the award included a fair, competitive procurement process that began in January
2016 with release of the Network RFP.
The procurement process followed the Federal Acquisition Regulation (FAR) and encouraged offerors to provide innovative solutions that could
meet or exceed the needs of public safety.
The procurement was open to all entities, whether traditional wireless companies or new entrants, provided their proposal could meet the
RFP’s statement of objectives. AT&T was selected on a best-value award that considered financial sustainability and was based on more than
just a technically acceptable solution at the lowest cost. The evaluation of proposals assessed the offerors’ ability to submit a cost-effective and
innovative model, and to meet or exceed the 16 objectives and evaluation factors outlined in the FirstNet RFP.
5. Why is the Network being built and operated through a public-private partnership?
The First Responder Network Authority and AT&T are modernizing and improving public safety communications by leveraging private sector
resources, infrastructure, and cost-saving synergies to deploy and operate the Network. This public-private model also helps keep costs down for
American taxpayers. To do this, Congress used the sale of communications airwaves (or spectrum) to fund FirstNet’s initial operations and help
start network deployment; the $7 billion FirstNet received in initial funding came from FCC spectrum auction revenue, not taxpayer funds.
If the federal government were to build, maintain and operate this Network, the estimated cost would be tens of billions of dollars over 25 years.
The Government Accountability Office has estimated it could cost up to $47 billion over 10 years to construct and operate the Network.
With this partnership approach, the First Responder Network Authority and AT&T do not need any additional federal funding to build and operate
the Network – it is a fully funded, self-sustaining Network. In return, America’s first responders get services far above and beyond what they have
today over a first-class broadband network dedicated to their communications needs.
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info@firstnet.gov | www.firstnet.gov | 571-665-6100
6. What are the key terms this public-private partnership?
Congress intended for the Network to be built and operated as a public-private partnership that brings together the best of the private sector,
including commercial best practices, infrastructure, and resources – with the First Responder Network Authority’s public safety expertise. This
approach will lead to a fully-funded, self-sustaining Network that will serve public safety for years to come. This business model is built upon the
efficient use of resources, infrastructure, cost-saving synergies, and incentives, including:
• 20 MHz of federally owned spectrum and $6.5 billion in initial funding to the partnership; in return AT&T will deploy and operate a nation- wide
high-speed broadband network for public safety over 25 years.
• AT&T will invest about $40 billion over the life of the contract to build, operate, deploy, and maintain the Network, and together with the First
Responder Network Authority will help ensure the Network evolves with the needs of public safety.
• AT&T can use FirstNet’s spectrum when it is not being used by public safety for other, commercial purposes. The company will prioritize first
responders over any other commercial users.
• First Responder Network Authority will oversee the contract to ensure it delivers innovation, technology and customer care to public safety through
various mechanisms, including subscriber adoption targets, milestone buildouts, disincentive fees and other mechanisms outlined in the contract.
7. What will the FirstNet Network provide first responders that they don’t have today?
Today, in emergencies and at large events, heavy public use can lead to wireless communications networks becoming overloaded and inaccessible.
In those instances, public safety users are treated the same as any other commercial or enterprise user, and communications can be limited due to
congestion and capacity issues.
With the FirstNet Network, public safety will get a dedicated “fast lane” that provides highly secure communications every day and for every
emergency. It will deliver specialized features to public safety that are not available on wireless networks today – such as priority access;
preemption; more network capacity; and a resilient, hardened connection. The Network will deliver more than just a public-safety-dedicated
wireless connection – it is also creating devices and apps ecosystems that will connect first responders to innovative, life-saving technologies.
8. How will the Network benefit first responders and help them do their jobs better?
FirstNet will improve communications, response times and outcomes for first responders from coast-to-coast, in rural and urban areas, inland and
on boarders – leading to safer, and more secure communities. The Network will provide first responders with innovation and robust capacity so
they can take advantage of advanced technologies, tools and services during emergencies, such as:
• Applications that allow first responders to reliably share videos, text messages, photos and other information during incidents in near real-time;
• Advanced capabilities, like camera-equipped connected drones and robots, to deliver images of wildfires, floods or other events;
• Improved location services to help with mapping capabilities during rescue and recovery operations; and
• Wearables that could relay biometric data of a patient to the hospital or alert when a fire fighter is in distress.
Network technology will also be tested and validated through the FirstNet Innovation and Test Lab, located in Boulder, CO, so first responders will
have the proven tools they need in disasters and emergencies.
9. What’s happening with FirstNet now?
All 50 states, five U.S. territories and Washington, D.C., have “opted in,” to FirstNet, meaning each has accepted its individual State Plan detailing
how the network will be deployed in their state/territory.
The First Responder Network Authority’s public-private partnership with AT&T provides first responders with immediate access to mission-critical
capabilities over the FirstNet network. This includes priority and preemption features that give first responders their own “fast lane” on the public
safety network to communicate and share information during emergencies, large events, or other situations when commercial networks could
become congested. FirstNet is the only broadband network to provide ruthless preemption for public safety.
Key FirstNet activities include:
Expanding the Network and Building Out Band 14: The First Responder Network Authority has issued work orders to deploy the RANs. This gave
AT&T the green light to expand FirstNet’s footprint and deploy Band 14 capacity and coverage throughout the nation, providing first responders
with the bandwidth and mission critical connections they need to communicate, share information, and use innovative technologies every day
and in every emergency.
Driving public safety innovation: FirstNet is also unlocking a new technology marketplace for public safety, enabling first responders to benefit
from advancements in innovation. The FirstNet App Catalog store will be filling up with FirstNet-approved mobile apps that are optimized for
public safety use over the Network.
Securing emergency communications: FirstNet’s first-of-its-kind core infrastructure will give first responders the dedicated, highly secure,
non-commercial network they deserve. The FirstNet Core, delivered in March 2018, provides full encryption of public safety data over FirstNet and
end-to-end cyber security. FirstNet subscribers also have access to a dedicated Security Operations Center, offering 24/7/365 support.
Engaging with public safety: The First Responder Network Authority will continue to engage with public safety in the states, territories, federal
agencies, and tribal nations to ensure the network meets their needs and incorporate their feedback in the design of future FirstNet products and
services.
10. How can I learn more?
Stay up-to-date on the First Responder Network Authority activities and the building and deployment of FirstNet at www.firstnet.gov. Follow us on
Twitter, Facebook and YouTube.
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KAPOK STREET12906066NW 1/4, SEC. 15, T-49-S, R-27-ECOLLIER COUNTY, FLORIDARAWLAND TOWER SURVEY PROJECT NO.19-1586SMW Engineering Group, Inc.
FDH-NC158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985www.smweng.com
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NW 1/4, SEC. 15, T-49-S, R-27-ECOLLIER COUNTY, FLORIDARAWLAND TOWER SURVEY PROJECT NO.19-1586SMW Engineering Group, Inc.SECTION OVERVIEWNOT TO SCALEFDH-NC158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985www.smweng.comKAPOK STREET129060663.A.fPacket Pg. 346Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
NW 1/4, SEC. 15, T-49-S, R-27-ECOLLIER COUNTY, FLORIDARAWLAND TOWER SURVEY PROJECT NO.19-1586SMW Engineering Group, Inc.PARENT TRACT OVERVIEWNOT TO SCALEFDH-NC158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985www.smweng.com ’’KAPOK STREET129060663.A.fPacket Pg. 347Attachment: Attachment E- Application-Backup Materials (14445 : PL20190002701 Kapok St. Cell Tower)
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2.03.01 - Agricultural Districts.
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide
lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural,
agricultural related activities and facilities, support facilities related to agricultural needs, and
conservation uses. Uses that are generally considered compatible to agricultural uses that would not
endanger or damage the agricultural, environmental, potable water, or wildlife resources of the
County, are permissible as conditional uses in the A district. The A district corresponds to and
implements the Agricultural/Rural land use designation on the future land use map of the Collier
County GMP, and in some instances, may occur in the designated urban area. The maximum
density permissible in the rural agricultural district within the urban mixed use district shall be
guided, in part, by the density rating system contained in the future land use element of the GMP.
The maximum density permissible or permitted in A district shall not exceed the density permissible
under the density rating system. The maximum density permissible in the A district within the
agricultural/rural district of the future land use element of the Collier County GMP shall be consistent
with and not exceed the density permissible or permitted under the agricultural/rural district of the
future land use element.
1. The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the rural agricultural district (A).
a. Permitted uses.
1. Single-family dwelling .
2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and
nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg
production; milk production; livestock raising, and aquaculture for native species
subject to Florida Fish and Wildlife Conservation Commission permits.
i. The following permitted uses shall only be allowed on parcels 20 acres in size or
greater:
a) dairying;
b) ranching;
c) poultry and egg production;
d) milk production;
e) livestock raising; and
f) animal breeding, raising, training, stabling or kenneling .
ii. On parcels less than 20 acres in size, individual property owners are not
precluded from the keeping of the following for personal use and not in
association with a commercial agricultural activity provided there are no open
feed lots:
a) Fowl or poultry, not to exceed 25 in total number; and
b) Horses and livestock (except for hogs) not to exceed two such animals for
each acre.
i. Notwithstanding the above, hog(s) may be kept for a 16 week period in
preparation for showing and sale at the annual Collier County Fair
and/or the Immokalee Livestock show. The following standards shall
apply:
a) One hog per child enrolled in a 4-H Youth Development Program,
Collier County Fair Program or similar program is permitted. In no
case shall there be more than 2 hogs per acre.
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b) Premises shall be fenced and maintained in a clean, healthful, and
sanitary condition.
c) Premises or roofed structure used for the sheltering, feeding, or
confinement of such animals shall be setback a minimum of 30
feet from lot lines and a minimum of 100 feet from any dwelling
unit on an adjacent parcel of land.
d) Hog(s) shall not be returned to the property once removed for
showing and/or sale.
3. Wholesale reptile breeding and raising (non-venomous), subject to the following
standards:
i. Minimum 20 acre parcel size;
ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be
located a minimum of 100 feet from any lot line .
4. Wildlife management, plant and wildlife conservancies, wildlife refuges and
sanctuaries.
5. Conservation uses.
6. Oil and gas exploration subject to state drilling permits and Collier County site
development plan review procedures.
7. Family care facilities , subject to section 5.05.04.
8. Communications towers up to specified height, subject to section 5.05.09.
9. Essential services , as set forth in section 2.01.03.
10. Schools, public, including " Educational plants ."
b. Accessory uses.
1. Uses and structures that are accessory and incidental to the uses permitted as of
right in the A district.
2. Farm labor housing, subject to section 5.05.03.
3. Retail sale of fresh, unprocessed agricultural products , grown primarily on the
property and subject to a review of traffic circulation, parking, and safety concerns
pursuant to the submission of a site improvement plan as provided for in section
10.02.03.
4. Packinghouse or similar agricultural processing of farm products produced on the
property subject to the following restrictions:
i. Agricultural packing, processing or similar facilities shall be located on a major or
minor arterial street , or shall have access to an arterial street by a public
street that does not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12,
RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used.
ii. A buffer yard of not less than 150 feet in width shall be provided along each
boundary of the site which abuts any residentially zoned or used property, and
shall contain an Alternative B type buffer as defined within section 4.06.00. Such
buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion
of the lot which abuts those districts and uses identified in subsection 2.03.01
A.1.b. 4. i. above.
iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors, or
gases which can cause damage to human health, to animals or vegetation, or to
other forms of property beyond the lot line of the use creating the emission.
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iv. A site development plan shall be provided in accordance with section 10.02.03.
5. Excavation and related processing and production subject to the following criteria:
i. The activity is clearly incidental to the agricultural development of the property.
ii. The affected area is within a surface water management system for agricultural
use as permitted by the South Florida Water Management District (SFWMD).
iii. The amount of excavated material removed from the site cannot exceed 4,000
cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional
use approval for earthmining, pursuant to the procedures and conditions set forth
in LDC section 10.08.00 and the Administrative Code.
6. Guesthouses, subject to section 5.03.03.
7. Private boathouses and docks on lake, canal or waterway lots, subject to section
5.03.06.
8. Use of a mobile home as a temporary residence while a permanent single-family
dwelling is being constructed, subject to the following:
i. Receipt of a temporary use permit from the Development Services Director,
pursuant to section 5.04.04, that allows for use of a mobile home while a
permanent single-family dwelling is being built;
ii. Assurance that the temporary use permit for the mobile home will expire at the
same time of the building permit for the single-family dwelling, or upon the
completion of the single-family dwelling, whichever comes first;
iii. Proof that prior to the issuance of a final certificate of occupancy for the single-
family dwelling, the mobile home is removed from the premises; and
iv. The mobile home must be removed at the termination of the permitted period.
9. Use of a mobile home as a residence in conjunction with bona fide agricultural
activities subject to the following:
i. The applicant shall submit a completed application to the site development
review director, or his designee, for approval of a temporary use permit to utilize
a mobile home as a residence in conjunction with a bona fide commercial
agricultural activity as described in subsection 2.03.01 A.1.2. Included with this
application shall be a conceptual plot plan of the subject property depicting the
location of the proposed mobile home ; the distance of the proposed mobile
home to all property lines and existing or proposed structures ; and, the
location, acreage breakdown, type and any intended phasing plan for the bona
fide agricultural activity.
ii. The receipt of any and all local, state, and federal permits required for the
agricultural use and/or to place the mobile home on the subject site including,
but not limited to, an agricultural clearing permit, building permit(s), ST permits,
and the like.
iii. The use of the mobile home shall be permitted on a temporary basis only, not to
exceed the duration of the bona fide commercial agricultural activity for which the
mobile home is an accessory use . The initial temporary use permit may be
issued for a maximum of three years, and may, upon submission of a written
request accompanied by the applicable fee, be renewed annually thereafter
provided that there is continuing operation of the bona fide commercial
agricultural activities.
iv. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of
land a minimum of five acres in size. Any property lying within public road rights-
of-way shall not be included in the minimum acreage calculations.
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v. A mobile home , for which a temporary use permit in conjunction with a bona
fide commercial agricultural activity is requested, shall not be located closer than
100 feet from any county highway right-of-way line, 200 feet from any state
highway right-of-way , or 500 feet from any federal highway right-of-way line.
10. Recreational facilities that serve as an integral part of a residential development and
have been designated, reviewed and approved on a site development plan or
subdivision master plan for that development . Recreational facilities may include
but are not limited to golf course, clubhouse, community center building and tennis
facilities, parks , playgrounds and playfields.
c. Conditional uses. The following uses are permitted as conditional uses in the rural
agricultural district (A), subject to the standards and procedures established in LDC section
10.08.00 and the Administrative Code.
1. Extraction or earthmining, and related processing and production not incidental to the
agricultural development of the property. NOTE: "Extraction related processing and
production" is not related to "Oil extraction and related processing" as defined in this
Code.
2. Sawmills.
3. Zoo, aquarium, aviary, botanical garden, or other similar uses.
4. Hunting cabins.
5. Aquaculture for nonnative or exotic species, subject to Florida Fish and Wildlife
Conservation Commission permits.
6. Wholesale reptile breeding or raising (venomous) subject to the following standards;
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be
located at a minimum of 100 feet away from any lot line .
7. Churches .
8. Private landing strips for general aviation, subject to any relevant state and federal
regulations.
9. Cemeteries.
10. Schools, private.
11. Child care centers and adult day care centers .
12. Collection and transfer sites for resource recovery.
13. Communication towers above specified height, subject to section 5.05.09.
14. Social and fraternal organizations.
15. Veterinary clinic.
16. Group care facilities (category I and II); care units ; nursing homes; assisted
living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to
section 5.05.04 when located within the Urban Designated Area on the Future Land
Use Map to the Collier County Growth Management Plan.
17. Golf courses and/or golf driving ranges.
18. Oil and gas field development and production subject to state field development
permits.
19. Sports instructional schools and camps.
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20. Sporting and recreational camps.
21. Retail plant nurseries subject to the following conditions:
i. Retail sales shall be limited primarily to the sale of plants, decorative products
such as mulch or stone, fertilizers, pesticides, and other products and tools
accessory to or required for the planting or maintenance of said plants.
ii. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an
incidental use of the property as a retail plant nursery.
iii. The sale of large power equipment such as lawn mowers, tractors, and the like
shall not be permitted in association with a retail plant nursery in the rural
agricultural district.
22. Asphaltic and concrete batch making plants subject to the following conditions:
i. Asphaltic or concrete batch making plants may be permitted within the area
designated agricultural on the future land use map of the future land use element
of the growth management plan.
ii. The minimum site area shall not be less than ten acres.
iii. Principal access shall be from a street designated collector or higher
classification.
iv. Raw materials storage, plant location and general operations around the plant
shall not be located or conducted within 100 feet of any exterior boundary.
v. The height of raw material storage facilities shall not exceed a height of fifty (50)
feet.
vi. Hours of operation shall be limited to two (2) hours before sunrise to sunset.
vii. The minimum setback from the principal road frontage shall be 150 feet for
operational facilities and seventy-five (75) feet for supporting administrative
offices and associated parking.
viii. An earthen berm achieving a vertical height of eight feet or equivalent
vegetative screen with eighty (80) percent opacity one (1) year after issuance of
certificate of occupancy shall be constructed or created around the entire
perimeter of the property.
ix. The plant should not be located within the Greenline Area of Concern for the
Florida State Park System as established by the Department of Environmental
Protection (DEP): within the Area of Critical State Concern as depicted on the
Future Land Use Map GMP; within 1,000 feet of a natural reservation ; or within
any County, State or federal jurisdictional wetland area.
23. Cultural, ecological, or recreational facilities that provide opportunities for educational
experience, eco-tourism or agri-tourism and their related modes of transporting
participants, viewers or patrons where applicable, subject to all applicable federal,
state and local permits. Tour operations, such as, but not limited to airboats, swamp
buggies, horses and similar modes of transportation, shall be subject to the following
criteria:
i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the
Florida Department of Environmental Protection, and the South Florida Water
Management District shall be presented to the planning services director prior to
site development plan approval.
ii. The petitioner shall post the property along the entire property line with no
trespassing signs approximately every 300 yards.
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iii. The petitioner shall utilize only trails identified and approved on the site
development plan . Any existing trails shall be utilized before the establishment
of new trails.
iv. Motor vehicles shall be equipped with engines which include spark arrestors and
mufflers designed to reduce noise.
v. The maximum size of any vehicle, the number of vehicles, and the passenger
capacity of any vehicle shall be determined by the board of zoning appeals
during the conditional use process.
vi. Motor vehicles shall be permitted to operate during daylight hours which means,
one hour after sunrise to one hour before sunset.
vii. Molestation of wildlife, including feeding, shall be prohibited.
viii. Vehicles shall comply with state and United States Coast Guard regulations, if
applicable.
ix. The board of zoning appeals shall review such a conditional use for tour
operations, annually. If during the review, at an advertised public hearing, it is
determined by the board of zoning appeals that the tour operation is detrimental
to the environment, and no adequate corrective action has been taken by the
petitioner, the board of zoning appeals may rescind the conditional use .
24. Agricultural activities on parcels less than 20 acres in size:
i. animal breeding, raising, training, stabling, or kenneling.
ii. dairying;
iii. livestock raising;
iv. milk production;
v. poultry and egg production; and
vi. ranching.
25. The commercial production, raising or breeding of exotic animals, other than animals
typically used for agricultural purposes or production, subject to the following
standards:
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter and/or feeding of such animals shall be
located a minimum of 100 feet from any lot line .
26. Essential services , as set forth in subsection 2.01.03 G.
27. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to section 5.04.04.
28. Ancillary plants .
d. Prohibited uses.
1. Owning, maintaining or operating any facility or part thereof for the following purposes
is prohibited:
a) Fighting or baiting any animal by the owner of such facility or any other person or
entity.
b) Raising any animal or animals intended to be ultimately used or used for fighting
or baiting purposes.
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c) For purposes of this subsection, the term baiting is defined as set forth in §
828.122(2)(a), F.S., as it may be amended from time to time.
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2.03.08 - Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU District).
1. Purpose and scope. The purpose and intent of the RFMU District is to provide a transition
between the Urban and Estates Designated lands and between the Urban and
Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District
employs a balanced approach, including both regulations and incentives, to protect natural
resources and private property rights, providing for large areas of open space, and allowing, in
designated areas, appropriate types, density and intensity of development. The RFMU District
allows for a mixture of urban and rural levels of service, including limited extension of central
water and sewer, schools, recreational facilities, commercial uses, and essential services
deemed necessary to serve the residents of the RFMU District. The innovative planning and
development techniques which are required and/or encouraged within the RFMU District were
developed to preserve existing natural resources, including habitat for listed species, to retain a
rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect
private property rights.
a. Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe
Mixed Use District (RFMUD) designation in the Future Land Use Element (FLUE) of the
GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and
is hereby established. The RFMU District replaces the underlying zoning district where that
underlying zoning district is A, Rural Agricultural, except where development standards are
omitted in the RFMU District. The County-wide Future Land Use Map is located in the
Future Land Use Element of the GMP or can be obtained from the Growth Management
Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in
the RFMU District and to which LDC section 2.03.08 apply are depicted by the following
map:
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b. Exemptions. The requirements, limitations and allowances of this section shall not apply to,
affect or limit the continuation of existing uses. Existing uses shall include: those uses for
which all required permits were issued prior to June 19, 2002; or, projects for which a
Conditional use has been approved by the County prior to June 19, 2002; or, projects for
which a Rezone petition has been approved by the County prior to June 19, 2002 -
inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a
completed application has been submitted prior to June 19, 2002. The continuation of
existing uses shall include on-site expansions of those uses if such expansions are
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consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved
developments shall be deemed to be consistent with the Plan's Goals, Objectives and
Policies for the RFMUD , and they may be built out in accordance with their previously
approved plans. Changes to these previous approvals shall also be deemed consistent
with the Plan's Goals, Policies and Objectives for the RFMUD as long as they do not result
in an increase in development density or intensity.
c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any
development in the area formerly subject to that ordinance shall henceforth conform to the
provisions of this Section and all other provisions of this Code that are applicable to
development within the RFMU district .
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that
have been identified as being most appropriate for development and to which residential
development units may be transferred from RFMU sending lands . Based on the evaluation of
available data, RFMU receiving lands have a lesser degree of environmental or listed species
habitat value than RFMU sending lands and generally have been disturbed through
development or previous or existing agricultural operations. Various incentives are employed to
direct development into RFMU receiving lands and away from RFMU sending lands ,
thereby maximizing native vegetation and habitat preservation and restoration. Such
incentives include, but are not limited to: the TDR process; clustered development ; density
bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands ,
the following standards shall apply, except as noted in subsection 2.03.08 A.1. above, or as
more specifically provided in an applicable PUD.
a. Outside rural villages .
(1) NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands
are only subject to the provisions of section 2.03.08 C.
(2) Maximum Density .
(a) Base density . The base residential density allowable within RFMU receiving
lands , exclusive of the applicable density blending provisions set forth in
section 2.05.02, is 1 unit per 5 gross acres (0.2 dwelling units per acre) or, for
those legal nonconforming lots or parcels in existence as of June 22, 1999, 1
unit per lot or parcel .
(b) Additional density
i. Additional Density Allowed Through the TDR Process. Outside of rural
villages , the maximum density achievable in RFMU Receiving Lands
through TDR credits and TDR Bonus Credits is 1 dwelling unit per acre.
a) Clustering Required. Where the transfer of development rights is
employed to increase residential density within RFMU receiving
lands , such residential development shall be clustered in
accordance with the following provisions:
i) Central water and sewer shall be extended to the project. Where
County sewer or water services may not be available concurrent
with development in RFMU receiving lands , interim private
water and sewer facilities may be approved.
ii) The maximum lot size allowable for a single-family detached
dwelling unit is 1 acre.
iii) The clustered development shall be located on the site so as to
provide to the greatest degree practicable: protection for listed
species habitat; preservation of the highest quality native
vegetation ; connectivity to adjacent natural reservations or
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preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
b) Minimum Project Size. The minimum project size required in order to
receive transferred dwelling units is 40 contiguous acres.
c) Emergency Preparedness. In order to reduce the likelihood of threat to
life and property from a tropical storm or hurricane event any
development approved under the provisions of this section shall
demonstrate that adequate emergency preparedness and disaster
prevention measures have been taken by, at a minimum:
i) Designing community facilities, schools, or other public buildings
to serve as storm shelters if located outside of areas that may
experience inundation during a Category 1 or worse storm event.
While the need to utilize such shelters will be determined on a
case-by-case basis, areas which are susceptible to inundation
during such storm events are identified on the Sea, Lake, and
Overland Surge from Hurricane (SLOSH) Map for Collier County.
ii) Evaluating impacts on evacuation routes, if any, and working with
the Collier County Emergency Management staff to develop an
Emergency Preparedness Plan to include provisions for storm
shelter space, a plan for emergency evacuation, and other
provisions that may be deemed appropriate and necessary to
mitigate against a potential disaster.
iii) Working with the Florida Division of Forestry, Collier County
Emergency Management staff, and the managers of any adjacent
or nearby public lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of threat to life and
property from wildfires. This plan shall address, at a minimum:
project structural design; the use of materials and location of
structures so as to reduce wildfire threat; firebreaks and buffers ;
water features; and, the rationale for prescribed burning on
adjacent or nearby lands.
ii. Additional density Allowed Through Other Density Bonuses. Once a
density of one (1) unit per acre is achieved through the use of TDR credits
and TDR Bonus credits , additional density may be achieved as follows:
a) A density bonus of 0.1 unit per acre shall be allowed for the
preservation of additional native vegetation as set forth in Section
3.05.07 E. 1. of the Code.
b) A density bonus of 0.1 units per acre shall be allowed for projects that
incorporate those additional wetlands mitigation measures set forth in
Section 3.05.07 F. 4. b. of the Code.
(3) Allowable Uses.
(a) Uses Permitted as of Right. The following uses are permitted as of right, or as
uses accessory to permitted uses:
i. Agricultural activities, including, but not limited to: Crop raising; horticulture;
fruit and nut production; forestry; groves; nurseries; ranching; beekeeping;
poultry and egg production; milk production; livestock raising, and
aquaculture for native species subject to the State of Florida Fish and
Wildlife Conservation Commission permits. Owning, maintaining or
operating any facility or part thereof for the following purposes is prohibited:
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a) Fighting or baiting any animal by the owner of such facility or any other
person or entity.
b) Raising any animal or animals intended to be ultimately used or used
for fighting or baiting purposes.
c) For purposes of this subsection, the term baiting is defined as set forth
in § 828.122(2)(a), F.S., as it may be amended from time to time.
ii. Single-family residential dwelling units , including mobile homes where a
mobile home Zoning Overlay exists.
iii. Multi-family residential structures , if clustering is employed.
iv. Rural villages , subject to the provisions set forth under section 2.03.08
A.2.b. below.
v. Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses .
vi. Family Care Facilities: 1 unit per 5 acres and subject to section 5.05.04 of
this Code.
vii. Staff housing as may be incidental to, and in support of, safety service
facilities and essential services .
viii. Farm labor housing limited to 10 acres in any single location:
a) Single family/ duplex / mobile home : 11 dwelling units per acre; and
b) Multifamily/dormitory: 22 dwelling units /beds per acre.
ix. Sporting and Recreational camps not to exceed 1 cabin/lodging unit per 5
gross acres.
x. Those essential services identified as permitted uses in section 2.01.03 (A)
and in accordance with the provisions, conditions and limitations set forth
therein.
xi. Golf courses or driving ranges, subject to the following standards:
a) The minimum density shall be as follows:
i) For golf course projects: one (1) dwelling unit per five (5) gross
acres.
ii) For golf course projects not utilizing density blending Provisions
set forth in the Density Rating System of the FLUE, including free
standing golf courses: one TDR credit or TDR Bonus credit shall
be required per five (5) gross acres for the land area utilized as
part of the golf course, including the clubhouse area, rough,
fairways, greens, and lakes, but excluding any area dedicated as
conservation, which is non-irrigated and retained in a natural state.
A TDR credit or TDR Bonus credit used to entitle golf course
acreage may not also be used to entitle a residential dwelling
unit .
b) Golf courses shall be designed, constructed, and managed in
accordance with the Best Management Practices of Audubon
International's Gold Signature Program. The project shall demonstrate
that the Principles for Resource Management required by the Gold
Signature Program (Site Specific Assessment, Habitat Sensitivity,
Native and Naturalized Plants and Natural Landscaping, Water
Conservation, Waste Management. Energy Conservation & Renewable
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Energy Sources, Transportation, Greenspace and Corridors,
Agriculture, and BUILDING Design) have been incorporated into the
golf course's design and operational procedures.
c) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management
Practices for Golf Course Maintenance Departments, prepared by the
Florida Department of Environmental Protection, May 1995.
d) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
i) The use of slow release nitrogen sources;
ii) The use of soil and plant tissue analysis to adjust timing and
amount of fertilization applications;
iii) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
iv) The coordination of pesticide applications with the timing and
application of irrigation water; and
v) The use of the procedure contained in IFAS Circular 1011,
Managing Pesticides for Golf Course Maintenance and Water
Quality Protection, May 1991 (revised 1995) to select pesticides
that will have a minimum adverse impact on water quality.
e) To ensure water conservation, golf courses shall incorporate the
following in their design and operation:
i) Irrigation systems shall be designed to use weather station
information and moisture-sensing systems to determine the
optimum amount of irrigation water needed considering soil
moisture and evapotranspiration rates.
ii) Golf courses shall utilize treated effluent reuse water consistent
with Sanitary Sewer Sub-Element Objective 1.4 and its policies to
the extent that a sufficient amount of such water is available and
the piping or other conveyance necessary for delivery of such
water exists at a location abutting the golf course property
boundary or within 50 feet of such boundary and accessible via
existing rights of way or easements ;
iii) Native plants shall be used exclusively except for special purpose
areas such as golf greens, fairways, and building sites. Within
these excepted areas, landscaping plans shall require that at least
75% of the trees and 50% of the shrubs be freeze-tolerant native
Floridian species. At least 75% of the required native trees and
shrubs shall also be drought tolerant species.
f) Stormwater management ponds shall be designed to mimic the
functions of natural systems: by establishing shorelines that are
sinuous in configuration in order to provide increased length and
diversity of the littoral zone. A Littoral shelf shall be established to
provide a feeding area for water dependent avian species. The
combined length of vertical and rip-rapped walls shall be limited to 25%
of the shoreline . Credits to the site preservation area requirements,
on an acre- to- acre basis, shall be given for littoral shelves that exceed
these littoral shelf area requirements.
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g) Site preservation and native vegetation retention requirements shall
be those set forth in section 4.06.00 of this Code.
xii. Public educational plants and ancillary plants.
xiii. Oil and gas exploration, subject to applicable state and federal drilling
permits and Collier County non-environmental site development plan review
procedures. Directional-drilling and/or previously cleared or disturbed areas
shall be utilized in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed satisfied
upon issuance of a state permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3,
2005 [ the effective date of this provision ], regardless of whether the activity
occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental permitting requirements
shall be considered satisfied by evidence of the issuance of all applicable
federal and/or state oil and gas permits for proposed oil and gas activities in
Collier County, so long as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County
outside the boundary of the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory Committee as
set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25
through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed.
All oil and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-
30.005(2)(a)(1) through (12), F.A.C.
xiv. Park, open space, and recreational uses.
xv. Private schools.
(b) Accessory uses .
i. Accessory uses as set forth in section 2.03.01 of this Code.
ii. Accessory uses and structures that are accessory and incidental to uses
permitted as of right in the RFMU district .
iii. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed, and approved on a site
development plan or preliminary subdivision plat for that development.
Recreational facilities may include, but are not limited to clubhouse,
community center building , tennis facilities, playgrounds and playfields.
(c) Conditional uses . The following uses are permissible as conditional uses
subject to the standards and procedures established in section 10.08.00.
i. Oil and gas field development and production, subject to state field
development permits and Collier County non-environmental site
development plan review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to minimize impacts to
native habitats, where determined to be practicable. This requirement shall
be deemed satisfied upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of
whether the activity occurs within the Big Cypress Watershed, as defined in
Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by evidence of the
issuance of all applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C.
For those areas of Collier County outside the boundary of the Big Cypress
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Watershed, the applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to
assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and gas access roads
shall be constructed and protected from unauthorized uses according to the
standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
ii. Group care facilities and other care housing facilities, other than family care
facilities, subject to a maximum floor area ratio of 0.45.
iii. Zoos, aquariums, and botanical gardens, and similar uses.
iv. Facilities for the collection, transfer, processing, and reduction of solid
waste .
v. Community facilities, such as, places of worship, childcare facilities,
cemeteries, and social and fraternal organizations.
vi. Travel trailer recreation vehicle parks, subject to the following criteria:
a) the site is adjacent to an existing travel trailer recreational vehicle
site; and
b) the site is no greater than 100% of the size of the existing adjacent
park site.
vii. Those essential services identified in sections 2.01.03 (G)(1) and (G)(3).
viii. In RFMU receiving lands other than those within the NBMO, asphalt and
concrete batch-making plants.
ix. In RFMU receiving lands other than those within the NBMO, earth mining
and extraction.
(4) Design Standards.
(a) Development Not Utilizing clustering :
i. Minimum lot area: 5 Acres.
ii. Minimum lot width: 165 Feet.
iii. Minimum yard requirements:
a) Front yard : 50 feet
b) Side yard : 30 feet
c) Rear yard : 50 feet
d) Nonconforming lots in existence as of June 22, 1999:
i) Front yard : 40 feet.
ii) Side yard : 10 percent of lot width, not to exceed 20 feet on each
side.
iii) Rear yard : 50 feet.
(b) Clustered development :
i. Lot areas and widths:
a) single-family
i) Minimum lot area: 4,500 square feet.
ii) Maximum lot area: One Acre.
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iii) Minimum lot width: Interior lots 40 feet.
iv. Maximum lot width: 150 feet.
b) multi-family
i) Minimum lot area: One Acre.
ii) Maximum lot area: None.
iii) Minimum lot width: 150 feet.
iv) Maximum lot width: None.
ii. Minimum yard requirements
a) single-family. Each single-family lot or parcel minimum yard
requirement shall be established within an approved PUD, or shall
comply with the following standards:
i) Front: 20 feet (Note front yard Set back may be reduced to 10 feet
where parking for the unit is accessed via a rear ally.
ii) Side: 6 feet
iii) Rear: 15 feet
iv) Accessory: Per section 4.02.01.
b) multi-family. For each multi-family lot or parcel minimum yard shall be
established within an approved PUD, or shall comply with the following
standards:
i) Setback from Arterial or Collector roadway(s): no multi-family
dwelling may be located closer than 200 feet to a roadway
classified or defined as an arterial roadway or 100 feet from any
roadway classified or defined as a collector roadway.
ii) Front: 30 feet.
iii) Rear: 30 feet.
iv) Side yard /separation between any multi-family building s: One-
half of the building height or 15 feet, whichever is greater.
v) Accessory: Per section 4.02.01.
iii. Height limitations
a) Principal structures
i) Single Family: 35 feet.
ii) Multi-family: Five Stories not to exceed 60 feet.
iii) Other structures : 35 feet except for golf course/community
clubhouses, which may be 50 feet in height.
b) Accessory structures . 20 feet, except for screen enclosures, which
may be the same height as the principal structure .
iv. Minimum floor space
a) Single Family: 800 square feet
b) Multi-family:
i) Efficiency: 450 Square feet
ii) One Bedroom: 600 square feet
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iii) Two or More Bedrooms: 800 square feet
(c) Parking. As required in Chapter 4 of this Code.
(d) Landscaping. As required in Chapter 4 of this Code.
(e) Signs . As required in section 5.06.00 of this Code.
(5) Native vegetation Retention. As required in section 4.06.00 of this Code.
(6) Usable open space .
(a) Projects of 40 or more acres in size shall provide a minimum of 70% usable
open space .
(b) Usable open space includes active or passive recreation areas such as parks,
playgrounds, golf courses, waterways, lakes, nature trails, and other similar open
spaces . Usable open space shall also include areas set aside for conservation
or preservation of native vegetation and landscape areas.
(c) Open water beyond the perimeter of the site, street right-of-way , except where
dedicated or donated for public uses, driveways , off- street parking and loading
areas, shall not be counted towards required usable open space .
b. Rural villages . Rural villages , including rural villages within the NBMO, may be
approved within the boundaries of RFMU receiving lands , subject to the following:
(1) Allowable Uses:
(a) All permitted uses identified in section 2.03.08A.2.a.(3)(a), when specifically
identified in, and approved as part of, a RURAL VILLAGE PUD.
(b) CONDITIONAL USES 1 through 5, and 7 identified in section
2.03.08A.2.a.(3)(c), when specifically identified in, and approved as part of a
RURAL VILLAGE PUD.
(c) All permitted and accessory uses listed in the C-4 General Commercial District,
section 2.03.02 (E), subject to the design guidelines and development standards
set forth in this Section.
(d) Research and Technology Parks, with a minimum size of 19 acres and a
maximum size of 4% of the total rural village acreage, subject to the design
guidelines and development standards set forth herein, the applicable standards
contained in section 2.03.06 C.7. Research and technology park planned unit
development district guidelines and development standards, and further
subject to the following:
i. Research and Technology Parks shall be permitted to include up to 20% of
the total acreage for non-target industry uses of the type identified in
paragraph (3) below; and, up to 20% of the total acreage for workforce
housing , except as provided in paragraph (7) below. At a minimum, 60% of
the total park acreage must be devoted to target industry uses identified in
paragraph (2) below. The specific percentage and mix of each category of
use shall be determined at the time of rural village PUD rezoning.
ii. The target industries identified by the Economic development Council of
Collier County are aviation/aerospace industry, health technology industry
and information technology industry, and include the following uses:
software development and programming; internet technologies and
electronic commerce; multimedia activities and CD-ROM development ;
data and information processing; call center and customer support activities;
professional services that are export based such as laboratory research or
testing activities; light manufacturing in the high tech target sectors of
aviation/aerospace and health and information technologies; office uses in
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connection with on-site research; development testing and related
manufacturing; general administrative offices of a research and
development firm; educational, scientific and research organizations;
production facilities and operations.
iii. Non-target industry uses may include hotels at a density consistent with
the provisions in section 2.03.02 and those uses in the C-1 through C-3
Zoning Districts that provide support services to the target industries such
as general office, banks, fitness centers, personal and professional services,
medical, financial and convenience sales and services, computer related
businesses and services, employee training, technical conferencing, day
care centers, restaurants and corporate and government offices.
iv. The rural village PUD shall include standards for the development of
individual building parcels within the park and general standards shall be
adopted for pedestrian and vehicular interconnections, buffering ,
landscaping, open spaces , signage, lighting, screening of outdoor storage,
parking and access management, all to be consistent with and compatible to
the other uses within the village.
v. The Research and Technology Park must be adjacent to, and have direct
access via an existing or developer constructed local road to an arterial or
collector roadway. The portion of the local roadway intended to provide
access to the Research and Technology Park shall not be within a
residential neighborhood and does not service a predominately residential
area.
vi. The Research and Technology Park shall be compatible with surrounding
land uses. Accordingly, it shall be separated from any residentially zoned or
designated land within the rural village by a minimum Type "C" landscape
buffer , as set forth in section 4.06.00 of this Code.
vii. Whenever workforce housing is provided, it shall be fully integrated with
other compatible uses in the park through mixed-use buildings and/or
through pedestrian and vehicular interconnections.
viii. Building permits for non-target industry uses identified in paragraph (3)
above shall not be issued prior to issuance of the first building permit for a
target industry use.
(e) Any other use deemed by the Board of County Commissioner to be appropriate
and compatible within a rural village .
(2) Mix of Neighborhood Types. Rural villages shall be comprised of several
neighborhoods designed in a compact nature such that a majority of residential
development is within one-quarter mile of a neighborhood center . neighborhood
centers may include small-scale service retail and office uses, and shall include a
public park, square, or green. Village centers shall be designed to serve the retail,
office, civic, government uses and service needs of the residents of the rural village .
The village center shall be the primary location for commercial uses. rural villages
shall be surrounded by a green belt in order to protect the character of the rural
landscape and to provide separation between rural villages and the low density rural
development , agricultural uses , and conservation lands that may surround the
rural village . Rural villages shall be designed to include the following: a mixture of
residential housing types; institutional and/or commercial uses; and recreational uses,
all of which shall be sufficient to serve the residents of the rural village and the
surrounding lands. In addition, except as specifically provided otherwise for rural
villages within the NBMO, the following criteria and conditions shall apply to all rural
villages .
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(a) Allocation of Land Uses. Specific allocations for land uses including residential,
commercial and other non-residential uses within rural villages , shall include,
but are not limited to:
i. A mixture of housing types, including attached and/or detached single family,
as well as multi-family shall be provided within a rural village . A minimum
of 0.2 units per acre in a rural village shall be affordable housing , of
which at least 0.1 units per acre shall be workforce housing . The rural
village shall be designed so as to disperse the Affordable and workforce
housing units throughout the Village rather than concentrate them in a
single location.
ii. A mixture of recreational uses, including parks and village greens.
iii. Civic, community, and other institutional uses.
iv. A mixture of lot sizes, with a design that includes more compact
development and attached dwelling units within neighborhood centers
and the village center , and reduced net densities and increasingly larger
lot sizes for detached residential dwellings generally occurring as
development extends outward from the village center .
v. A mixture of retail, office, and services uses.
vi. If requested by the Collier County School Board during the PUD and/or DRI
review process, school sites shall be provided and shall be located to serve
a maximum number of residential dwelling units within walking distance to
the schools, subject to the following criteria:
a) Schools shall be located within or adjacent to the village center ;
b) A credit toward any applicable school impacts fees shall be provided
based upon an independent evaluation/appraisal of the value of the
land and/or improvements provided by the developer; and
c) Schools shall be located in order to minimize busing of students and to
co-locate schools with public facilities and civic structures such as
parks, libraries, community centers, public squares, greens and civic
areas.
vii. Within the NBM Overlay, elementary schools shall be accessed by local
streets , pedestrian and bicycle facilities, and shall be allowed in and
adjacent to the rural village center , provided such local streets provide
adequate access as needed by the School Board.
(b) Acreage Limitations.
i. Rural villages shall be a minimum of 300 acres and a maximum of 1,500
acres, exclusive of the required green belt, with exception that the maximum
size of a rural village within those RFMU receiving lands south of the
Belle Meade NRPA shall not exceed 2,500 acres.
ii. Neighborhood center - 0.5% of the total rural village acreage, not to
exceed 10 acres, within each neighborhood center .
iii. Neighborhood center Commercial - Not to exceed 40% of the
neighborhood center acreage and 8,500 square feet of gross leasable
floor area per acre.
iv. Village center - Not to exceed 10% of the total rural village acreage.
v. Village center commercial - Not to exceed 30% of the village center
acreage and 10,000 square feet of gross leasable floor area per acre.
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vi. Research and Technology Parks limited to a minimum size of 19 acres and
a maximum size of 4% of the total rural village acreage.
vii. Civic Uses and Public Parks - Minimum of 10% of the total rural village
acreage.
(3) Density . A rural village shall have a minimum density of 2.0 units per gross acre
and a maximum density of 3.0 units per gross acre, except that the minimum density
within a NBMO rural village shall be 1.5 units per gross acre. Those densities shall
be achieved as follows:
(a) Base density . A base density of 0.2 dwelling units per acre (1.0 dwelling
units per five acres) for lands within the rural village , and the land area
designated as a greenbelt surrounding the rural village , is granted by right for
allocation within the designated rural village .
(b) Minimum density . The minimum gross density in a rural village is 2.0 units
per acre outside of the NBMO and 1.5 units per acre within the NBMO.
i. For each TDR credit used to achieve the minimum required density in a
rural village , one Rural Village Bonus Credit shall be granted. Rural
Village Bonus Credits may only be utilized in rural villages and shall not
be available for use once the minimum required density is achieved.
ii. The minimum density shall be achieved through any combination of TDR
Credits , Rural Village Bonus Credits , and TDR Bonus Credits .
(c) Maximum density . The maximum gross density allowed in a rural village is 3.0
units per acre. The maximum density shall be achieved through any of the
following, either in combination or individually:
i. TDR credits ;
ii. TDR Bonus Credits ;
iii. An additional density bonus 0.3 units per acre for the additional
preservation of native vegetation as set forth in Chapter 4;
iv. An additional density bonus of 0.3 units per acre for additional wetlands
mitigation as set forth in Chapter 4; and/or
v. An additional density bonus of 0.5 units per acre for each Affordable or
workforce housing unit.
(4) Other Design Standards
(a) Transportation System Design.
i. The rural village shall be designed with a formal street layout, using
primarily a grid design and incorporating village greens, squares and civic
uses as focal points.
ii. Each rural village shall be served by a primary road system that is
accessible by the public. Neighborhood Circulator, Local Residential Access
and Residential Loop roads may be gated. The primary roads within the
rural village shall consist of Rural Major Collectors at a minimum and be
designed to meet County standards and shall be dedicated to the public.
iii. A rural village shall not be split by an arterial roadway.
iv. Interconnection between the rural village and adjacent development s
shall be required.
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v. Neighborhoods, neighborhood centers , and the village center shall be
connected through local and collector streets and shall incorporate traffic
calming techniques as may be appropriate to discourage high-speed traffic.
vi. Public transit and school bus stops shall be co-located, where practicable.
vii. Pedestrian paths and bikeways shall be designed so as to provide access
and interconnectivity.
(b) Location Restrictions and Standards.
i. In locating both schools and housing units within the rural village ,
consideration shall be given to minimizing busing needs within the
community.
ii. A rural village shall not be located any closer than 3.0 miles from another
rural village .
iii. No more than one rural village may be located in each of the distinct
RFMU district Receiving Areas depicted on the FLUM and on the Official
Collier County Zoning Atlas maps.
iv. A rural village shall have direct access to a roadway classified by Collier
County as an arterial or collector roadway. Alternatively, access to the rural
village may be via a new collector roadway directly accessing an existing
arterial, the cost of which shall be borne entirely by the developer.
v. A rural village shall be located where other public infrastructure, such as
potable water and sewer facilities, already exist or are planned.
(c) Size Limitations. rural villages shall be a minimum of 300 acres and a
maximum of 1,500 acres, except within RFMU receiving lands south of the
Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This
required rural village size is exclusive of the required greenbelt area set forth in
section 2.03.08 (A)(2)(b)(6).
(d) Additional Village Design Criteria: Rural villages shall be designed in
accordance with the following provisions:
i. Rural villages shall be developed in a progressive urban to rural continuum
with the greatest density , intensity and diversity occurring within the village
center , to the least density , intensity and diversity occurring within the
edge of the neighborhoods approaching the greenbelt .
ii. Rural villages may include "special districts" in addition to the village
center , neighborhood center and Neighborhoods, to accommodate uses
that may require use specific design standards not otherwise provided for
herein. Such Special Districts, their proposed uses, and applicable design
standards shall be identified as part of the rural village PUD rezone
process.
iii. The rural village PUD Master Plan shall designate the location of the
village center and each neighborhood, neighborhood center and as may
be applicable, Special Districts. Rural villages shall include a village
center and a minimum of two distinct neighborhoods, with defined
neighborhood centers .
iv. A mixture of allowable uses is encouraged to occur within buildings in the
village center and neighborhood centers .
v. Transient lodging is permitted at up to 26 guest units per acre calculated on
the acreage of the parcel occupied by the transient lodging and its ancillary
facilities, if such parcel includes multiple uses.
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vi. Building heights may vary within the village center and neighborhood
centers , but shall not exceed 5 stories not exceeding 65 feet with the
village center , or 4 stories no exceeding 55 feet within the neighborhood
center , and 3 stories not to exceed 40 feet within 200 feet of the greenbelt
. The height exclusions set forth in section 4.02.01 of this Code apply within
a rural village . The height exclusion set forth in section 4.02.01 applies in
the village center only, except that:
a) section 4.02.01 requiring 300 square feet of green spaces for each
parking space for which the height waiver is granted shall not apply;
however,
b) For each parking space for which the height waiver is granted, an equal
amount of square footage of open space shall be provided in excess
of the minimum set forth in section 2.03.08(A)(2)(b)(7).
vii. The minimum lot area shall be 1,000 SF; however, within neighborhoods,
especially approaching the edge of the Village and the surrounding green
belt, less compact larger lot residential development may occur.
viii. Within the village center and neighborhood centers , individual block
perimeters shall not exceed 2,500 linear feet.
ix. Within the village center and neighborhood centers required yards shall
be as follows:
a) Front setbacks - 0 to 10 feet from the right-of-way line
b) Side setbacks - 0 feet
c) Rear setbacks - 0 feet
x. Within neighborhoods outside of a Neighborhood or village center required
yards may vary but shall be designed so as to provide for adequate light,
opens space ad movement of air, and shall consider the design objective of
the urban to rural continuum with the greatest density , intensity and
diversity occurring within the village center , to the least density , intensity
and diversity occurring within the edge of the neighborhoods approaching
the greenbelt .
xi. Within the village center and neighborhood centers overhead
encroachments such as awnings, balconies, arcades and the like, must
maintain a clear distance of 9 feet above the sidewalk and 15 feet above
the street .
xii. Seating for outdoor dining shall be permitted to encroach the public
sidewalks and shall leave a minimum 6-foot clear pedestrian way between
the outdoor dining and the streetscape planting area.
xiii. Civic or Institutional Buildings shall be subject to the specific standards of
this subsection that regulate building height, building placement, building
use, parking, and signage except as deviations are deemed appropriate by
the Collier County planning staff with respect to the creation of focal points,
vistas, and significant community landmarks. Specific design standards shall
be provided in the rural village PUD document.
xiv. Architectural Standards: Buildings within the village center shall be made
compatible through similar massing, volume, frontage , scale and
architectural features. The PUD document shall adhere to the provisions of
section 5.05.08 of this Code; however, deviations may be requested where
such deviations are shown to further these rural village design standards.
xv. Required vehicular parking and loading amounts and design criteria:
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a) The amount of required parking shall be demonstrated through a
shared parking analysis submitted application as part of the rural
village PUD. Parking shall be determined utilizing the modal splits and
parking demands for various uses recognized by the ITE, ULI or other
sources or studies. The analysis shall demonstrate the number of
parking spaces available to more than one use or function, recognizing
the required parking will vary depending on the multiple functions or
uses in close proximity which are unlikely to require the spaces at the
same time.
b) On-site parking areas shall be organized into a series of small bays
delineated by landscape islands of varied sized. A maximum spacing
between landscape islands shall be 10 spaces. Landscape islands and
tree diamonds shall have a minimum of one canopy tree.
c) Parking lots shall be accessed from alleys , service lanes or
secondary streets .
d) Any or all of the above parking requirements may be further reduced if
a shared parking plan is submitted as part of a rural village PUD or
subsequent site development plan application. The shared parking
plan shall demonstrate that the reduced parking is warranted as a
result of the following: shared building and/or block use(s) where
parking demands for certain uses are low when other demands are
higher; a concentration of residential dwelling units located within 600
feet of non-residential uses; the existence of transit for use by residents
and visitors.
xvi. Landscaping minimums within the village center or within neighborhood
centers shall be met by:
a) Providing landscaping within parking lots as described, and by
providing a streetscape area between the sidewalk and curb at a
minimum of 5 Ft. in width;
b) Planting street trees every 40 Ft. O.C. The street tree pattern may be
interrupted by architectural elements such as arcades and columns.
c) Plantings areas, raised planters, or planter boxes in the front of and
adjacent to the buildings, where such planting areas do not interfere
with pedestrian access and mobility.
d) Providing for additional pubic use landscape areas at intervals within
the streetscape, on identified parcels with block s, or as part of public
greens, squares, parks or civic uses.
xvii. Signs : The PUD document shall adhere to the provisions of section
5.06.00 of this Code; however, deviations may be requested where such
deviations are shown to further these rural village design standards by
providing for pedestrian scale signage standards with neighborhood
centers or the village center .
(5) Native vegetation . Native vegetation shall be preserved as set forth in section
4.06.04.
(6) Greenbelt . Except within the NBMO rural village , a greenbelt averaging a
minimum of 300 feet in width, but not less than 200 feet in width at any location, shall
be required at the perimeter of the rural village . The greenbelt is required to ensure
a permanently undeveloped edge surrounding the rural village , thereby discouraging
sprawl. Greenbelts shall conform to the following:
(a) Greenbelts may only be designated on RFMU receiving lands .
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(b) The allowable residential density shall be shifted from the designated
greenbelt to the rural village .
(c) The greenbelt may be concentrated to a greater degree in areas where it is
necessary to protect listed species habitat, including wetlands and uplands,
provide for a buffer from adjacent natural reservations , or provide for wellfield
or aquifer protection. However, at no location shall the greenbelt be less than
300 feet in width.
(d) Golf courses and existing agriculture operations are permitted within the
greenbelt , subject to the vegetation retention standards set forth in section
4.06.04. However, golf course turf areas shall only be located within 100 feet of
the greenbelt boundaries (interior and exterior boundary); further, these turf
areas shall only be located in previously cleared or disturbed areas.
(7) Open space : Within the rural village , a minimum of 40% of open space shall be
provided, inclusive of the greenbelt .
(8) Process for Approval of a rural village . Applications for approval shall be submitted
in the form of a Planned Unit Development (PUD) rezone utilizing the standard
form(s) developed by Collier County, and subject to the Fees established for a PUD
rezone application. Where applicable, the rural village PUD application will be
submitted in conjunction with a development of Regional Impact (DRI) application as
provided for in Chapter 380 of Florida Statutes, or in conjunction with any other
Florida provisions of law that may supercede the DRI process. The applicant shall
notify the owner(s) of subsurface mineral rights to the property within the boundaries
of the proposed rural village prior to approval of the PUD. The Application for rural
village PUD approval shall demonstrate general compliance with the provisions of
section 2.03.06 and shall include the following additional submittal requirements:
(a) EIS. An environmental impact statement for the rural village and surrounding
greenbelt area shall be submitted an accordance with the requirements of
Chapter 10 of this Code.
(b) Demonstration of Fiscal Neutrality. An analysis that demonstrates that the rural
village will be fiscally neutral to county taxpayers outside of the rural village .
This analysis shall evaluate the demand and impacts on levels of service for
public facilities and the cost of such facilities and services necessary to serve the
rural village . In addition, this evaluation shall identify projected revenue sources
for services and any capital improvements that may be necessary to support the
rural village . In conclusion, this analysis shall indicate what provisions and/or
commitments will be to ensure that the provision of necessary facilities and
services will be fiscally neutral to County taxpayers outside of the rural village .
At a minimum, the analysis shall consider the following:
i. Stormwater/ drainage facilities ;
ii. Potable water provisions and facilities;
iii. Reuse or "Grey" water provisions for irrigation;
iv. Central sewer provisions and facilities;
v. Law enforcement facilities;
vi. School facilities;
vii. Roads, transit, bicycle and pedestrian facilities and pathways ;
a) Solid waste facilities.
b) Development phasing and funding mechanisms to address any
impacts to level of service in accordance with the county's adopted
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concurrency management program to ensure that there will be no
degradation to the adopted level of service for public facilities and
infrastructure identified in (1) through (7) above.
3. Neutral lands. Neutral lands have been identified for limited semi-rural residential
development . Available data indicates that neutral lands have a higher ratio of native
vegetation , and thus higher habitat values, than lands designated as RFMU receiving lands ,
but these values do not approach those of RFMU sending lands . Therefore, these lands are
appropriate for limited development , if such development is directed away from existing
native vegetation and habitat. Within neutral lands , the following standards shall apply:
a. Allowable uses. The following uses are permitted as of right:
(1) Uses Permitted as of Right.
(a) Agricultural activities, including, but not limited to: Crop raising, horticulture, fruit
and nut production, forestry, groves, nurseries, ranching, beekeeping, poultry
and egg production, milk production, livestock raising, and aquaculture for
native species subject to the State of Florida Fish and Wildlife Conservation
Commission. Owning, maintaining or operating any facility or part thereof for the
following purposes is prohibited:
i. Fighting or baiting any animal by the owner of such facility or any other
person or entity.
ii. Raising any animal or animals intended to be ultimately used or used for
fighting or baiting purposes.
iii. For purposes of this subsection, the term baiting is defined as set forth in §
828.122(2)(a), F.S., as it may be amended from time to time.
(b) Single-family residential dwelling units , including mobile homes where a
mobile home Zoning Overlay exists.
(c) Dormitories, duplexes and other types of staff housing, as may be incidental to,
and in support of, conservation uses .
(d) Group housing uses subject to the following density /intensity limitations:
(e) Family Care Facilities: 1 unit per 5 acres;
(f) Group Care Facilities and other Care Housing Facilities:
Maximum floor area ratio (FAR) not to exceed 0.45.
(g) Staff housing as may be incidental to, and in support of, safety service facilities
and essential services .
(h) Farm labor housing limited to 10 acres in any single location:
i. Single family/ duplex / mobile home : 11 dwelling units per acre;
ii. Multifamily/dormitory: 22 dwelling units /beds per acre.
(i) Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross
acres.
(j) Those essential services identified in section 2.01.03 (A).
(k) Golf courses or driving ranges, subject to the following standards:
i. Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International's Gold
Signature Program. The project shall demonstrate that the Principles for
Resource Management required by the Gold Signature Program (Site
Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and
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Natural Landscaping, Water Conservation, Waste Management, Energy
Conservation & Renewable Energy Sources, Transportation, Greenspace
and Corridors, Agriculture, and Building Design) have been incorporated
into the golf course's design and operational procedures.
ii. In order to prevent the contamination of soil, surface water and ground water
by the materials stored and handled by golf course maintenance operations,
golf courses shall comply with the Best Management Practices for Golf
Course Maintenance Departments, prepared by the Florida Department of
Environmental Protection, May 1995.
iii. To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management practices:
a) The use of slow release nitrogen sources;
b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
d) The coordination of pesticide applications with the timing and
application of irrigation water;
e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
iv. To ensure water conservation, golf courses shall incorporate the following in
their design and operation:
a) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies.
c) Native plants shall be used exclusively except for special purpose
areas such as golf greens, fairways, and building sites. Within these
excepted areas, landscaping plans shall require that at least 75% of the
trees and 50% of the shrubs be freeze-tolerant native Floridian species.
At least 75% of the required native trees and shrubs shall also be
drought tolerant species.
v. Stormwater management ponds shall be designed to mimic the functions of
natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline . Credits to the site
preservation area requirements, on an acre- to- acre basis, shall be given
for littoral shelves that exceed these littoral shelf area requirements.
vi. Site preservation and native vegetation retention requirements shall be the
same as those set forth in the RFMU district criteria. Site preservation
areas are intended to provide habitat functions and shall meet minimum
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dimensions as set forth in the LDC. These standards shall be established
within one year.
(l) Public educational plants and ancillary plants.
(m) Oil and gas exploration , subject to applicable state and federal drilling
permits and Collier County non-environmental site development plan review
procedures. Directional-drilling and/or previously cleared or disturbed areas shall
be utilized in order to minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in Chapter 62C-25
through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [ effective date of
this provision ] regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier
County environmental permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or state oil and gas permits
for proposed oil and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For
those areas of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening the Big Cypress
Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
n. Park, open space, and recreational uses.
o. Private schools.
(2) Accessory uses . The following uses are permitted as accessory to uses permitted
as of right or to approved conditional uses :
(a) Accessory uses and structures that are accessory and incidental to uses
permitted as of right in section 2.03.08(A)(3)(a)(1) above.
(b) Recreational facilities that serve as an integral part of a residential development
and have been designated, reviewed, and approved on a site development plan
or preliminary subdivision plat for that development. Recreational facilities may
include, but are not limited to clubhouse, community center building , tennis
facilities, playgrounds and playfields.
(3) Conditional uses . The following uses are permissible as conditional uses subject
to the standards and procedures established in section 10.08.00.
(a) Zoo, aquarium, botanical garden, or other similar uses.
(b) Community facilities, such as, places of worship, childcare facilities, cemeteries,
social and fraternal organizations.
(c) Sports instructional schools and camps.
(d) Multi-family residential structures, subject to the following development
standards:
(i) Building height limitation: 2 stories
(ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30
feet on center;
(iii) Setbacks: 50% of the height of the building, but not less than 15 feet.
(e) Those essential services identified in sections 2.01.03 (G)(1) and (G)(3).
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(f) Oil and gas field development and production, subject to applicable state and
federal field development permits and Collier County non-environmental site
development plan review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on
January 14, 2005, regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable
Collier County environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable federal and/or state oil and
gas permits for proposed oil and gas activities in Collier County, so long as the
state permits comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening the Big Cypress
Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
(g) Earth mining and extraction and related processing.
(h) Facilities for the collection, transfer, processing, and reduction of solid waste.
(i) Those essential services identified in sections 2.01.03 (G)(1) and (G)(3).
(j) Oil and gas field development and production, subject to state field
development permits and Collier County non-environmental site development
plan review procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed satisfied upon
issuance of a state permit in compliance with the criteria established in Chapter
62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within
the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements of Chapter 62C-25
through 62C-30, F.A.C. For those areas of Collier County outside the boundary
of the Big Cypress Watershed, the applicant shall be responsible for convening
the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S.,
to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the standards
established in Rule 62-30.005(2)(a)(1) through (12), F.A.C.
(k) Earth mining and extraction and related processing.
b. Density.
(1) Maximum gross density . The maximum gross density in neutral lands shall not
exceed one dwelling unit per five gross acres (0.2 dwelling units per acre), except
that the maximum gross density for those legal nonconforming lots or parcels in
existence as of June 22, 1999, shall be one dwelling unit per lot or parcel .
(2) Residential clustering . Clustering of residential development is allowed and
encouraged. Where clustered development is employed, it shall be in accordance
with the following provisions:
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(a) If within the boundaries of the Rural Transition Water and Sewer District, as
delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future
Land Use Element of the GMP, and consistent with the provisions of the Potable
Water and Sanitary Sewer Sub-elements of this Plan, central water and sewer
shall be extended to the project. Where County sewer or water services may not
be available concurrent with development in neutral lands, interim private water
and sewer facilities may be approved.
(b) The clustered development shall be located on the site so as to provide to the
greatest degree practicable:
i. protection for listed species habitat;
ii. preservation of the highest quality native vegetation
iii. connectivity to adjacent natural reservations or preservation areas on
adjacent development; ..... b§ and
iv. creation, maintenance or enhancement of wildlife corridors.
(c) The minimum project size shall be at least 40 acres.
c. Dimensional and design standards. Dimensional and Design Standards set forth in section
4.02.01 of this Code shall apply to all development in neutral lands , except for
development utilizing the residential clustering provisions in section 2.03.08 (A)(3)(b)(2)
above. In the case of such clustered development , the following dimensional standards
shall apply to all permitted housing structure types, accessory, and conditional uses :
(1) Development that is Not Clustered:
(a) Minimum lot area: 5 Acres.
(b) Minimum lot width: 165 Feet.
(c) Minimum yard Requirements:
i. Front yard : 50 feet.
ii. Side yard : 30 feet.
iii. Rear yard : 50 feet.
iv. Nonconforming lots in existence as of June 22, 1999:
a) Front yard : 40 feet.
b) Side yard : 10 percent of lot width, not to exceed 20 feet on each side.
c) Rear yard : 50 feet.
(2) Development that is Clustered.
(a) Minimum lot area: 4,500 square feet.
(b) Maximum lot area: One Acre.
(c) Minimum lot width: Interior lots 40 feet.
(d) Maximum lot width: 150 feet.
(3) Height Limitations.
(a) Principal: 35 feet.
(b) Accessory: 20 feet, except for screen enclosures, which may be the same height
as the principal structure .
(c) Golf course/community clubhouses: 50 feet.
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(4) Floor area . The minimum floor area for each dwelling unit shall be 800 square feet.
(5) Parking. As required in Chapter 4.
(6) Landscaping. As required in Chapter 4.
(7) Signs : As required in section 5.06.00.
d. Native vegetation retention. Native vegetation shall be preserved as set forth in Chapter
4.
e. Usable open space .
(1) Projects of 40 acres or more in size shall provide a minimum of 70% usable open
space .
(2) Usable open space includes active or passive recreation areas such as parks,
playgrounds, golf courses, waterways, lakes, nature trails, and other similar open
spaces . Usable open space shall also include areas set aside for conservation or
preservation of native vegetation and landscape areas.
(3) Open water beyond the perimeter of the site, street right-of-way , except where
dedicated or donated for public uses, driveways , off- street parking and loading
areas, shall not be counted towards required usable open space .
4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands , uplands, and
habitat for listed species. RFMU sending lands are the principal target for preservation and
conservation. Density may be transferred from RFMU sending lands as provided in LDC
section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands .
With the exception of specific provisions applicable only to NBMO neutral lands , the following
standards shall apply within all RFMU sending lands :
a. Allowable uses where TDR credits have not been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida
Statutes (Florida Right to Farm Act).
(b) Detached single-family dwelling units , including mobile homes where the
mobile home Zoning Overlay exists,
(c) Habitat preservation and conservation uses .
(d) Passive parks and other passive recreational uses.
(e) Sporting and Recreational camps, within which the lodging component shall not
exceed 1 unit per 5 gross acres.
(f) Those essential services identified in section 2.01.03(B).
(g) Oil and gas exploration , subject to applicable state and federal drilling permits
and Collier County non-environmental site development plan review procedures.
Directional-drilling and/or previously cleared or disturbed areas shall be utilized in
order to minimize impacts to native habitats, where determined to be practicable.
This requirement shall be deemed satisfied upon issuance of a state permit in
compliance with the criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as such rules existed on Oct. 3, 2005 [ the effective date of this provision
], regardless of whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered satisfied by evidence
of the issuance of all applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long as the state permits
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comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For
those areas of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening the Big Cypress
Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
(2) Accessory uses . Accessory uses and structures that are accessory and
incidental to uses permitted as of right in LDC section 2.03.08 A.4.a.1 above.
(3) Conditional uses .
(a) Those essential services identified in LDC section 2.01.03 G.2 and 4.
(b) Public facilities, including solid waste and resource recovery facilities, and
public vehicle and equipment storage and repair facilities, shall be permitted
within Section 25, Township 49S, Range 26E, on lands adjacent to the existing
County landfill. This shall not be interpreted to allow for the expansion of the
landfill into Section 25 for the purpose of solid waste disposal.
(c) Oil and gas field development and production, subject to applicable state and
federal field development permits and Collier County non-environmental site
development plan review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on
Oct. 3, 2005 [ the effective date of this provision ], regardless of whether the
activity occurs within the Big Cypress Watershed, as defined in Rule 62C-
30.001(2), F.A.C. All applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with the
requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of
Collier County outside the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance with
Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress
Watershed. All oil and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-
30.005(2)(a)(1) through (12), F.A.C.
(d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as
retail sales of produce accessory to farming, or a restaurant accessory to a park
or preserve, so long as restrictions or limitations are imposed to insure the
commercial use functions as an accessory, subordinate use.
b. Uses allowed where TDR credits have been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida
Statutes (Florida Right to Farm Act), including water management facilities, to the
extent and intensity that such operations exist at the date of any transfer of
development rights.
(b) Cattle grazing on unimproved pasture where no clearing is required;
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(c) Detached single-family dwelling units , including mobile homes where the
mobile home Zoning Overlay exists, at a maximum density of one dwelling unit
per 40 acres. In order to retain these development rights after any transfer, up to
one dwelling must be retained (not transferred) per 40 acres.
(d) One detached dwelling unit, including mobile homes where the mobile home
zoning overlay exists, per lot or parcel in existence as of June 22, 1999, that is
less than 40 acres. In order to retain these development rights after any
transfer, up to one dwelling must be retained (not transferred) per each lot or
parcel . For the purposes of this provision, a lot or parcel shall be deemed to
have been in existence as of June 22, 1999, upon a showing of any of the
following:
i. the lot or parcel is part of a subdivision that was recorded in the public
records of the County on or before June 22, 1999;
ii. a description of the lot or parcel , by metes and bounds or other specific
legal description, was recorded in the public records of the County on or
before June 22, 1999; or
iii. an agreement for deed for the lot or parcel , which includes description of
the lot or parcel by limited fixed boundary, was executed on or before June
22, 1999.
(e) Habitat preservation and conservation uses .
(f) Passive parks and passive recreational uses.
(g) Those essential services identified in section 2.01.03 B.
(h) Oil and gas exploration , subject to applicable state and federal drilling permits
and Collier County non-environmental site development plan review procedures.
Directional-drilling and/or previously cleared or disturbed areas shall be utilized in
order to minimize impacts to native habitats, where determined to be practicable.
This requirement shall be deemed satisfied upon issuance of a state permit in
compliance with the criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on Oct. 3, 2005 [ the effective date of this provision
], regardless of whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered satisfied by evidence
of the issuance of all applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For
those areas of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for convening the Big Cypress
Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
(i) Mitigation in conjunction with any County, state, or federal permitting.
(2) Conditional uses:
(a) Those essential uses identified in LDC section 2.01.03 G.2 and 4.
(b) Oil and gas field development and production, subject to applicable state and
federal field development permits and Collier County non-environmental site
development plan review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This requirement shall be deemed
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satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on
Oct. 3, 2005 [ the effective date of this provision ], regardless of whether the
activity occurs within the Big Cypress Watershed, as defined in Rule 62C-
30.001(2), F.A.C. All applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with the
requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of
Collier County outside the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance with
Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress
Watershed. All oil and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-
30.005(2)(a)(1) through (12), F.A.C.
(c) Conditional use approval criteria: In addition to the criteria set forth in section
10.08.00 of this Code, the following additional criteria shall apply to the approval
of conditional uses within RFMU sending lands :
i. The applicant shall submit a plan for development that demonstrates that
wetlands , listed species and their habitat are adequately protected as
specified in Chapters 3, 4 and 10.
ii. Conditions may be imposed, as deemed appropriate, to limit the size,
location, and access to the conditional use.
c. Density .
(1) 1.0 dwelling units per 40 gross acres; or
(2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999.
For the purpose of this provision, a lot or parcel which is deemed to have been in
existence on or before June 22, 1999 is:
(a) A lot or parcel which is part of a subdivision recorded in the public records of
Collier County, Florida;
(b) A lot or parcel which has limited fixed boundaries, described by metes and
bounds or other specific legal description, the description of which has been
recorded in the public records of Collier County Florida on or before June 22,
1999; or
(c) A lot or parcel which has limited fixed boundaries and for which an agreement
for deed was executed prior to June 22, 1999.
d. Native vegetation retention. As required in Chapter 4.
e. Other dimensional design standards. Dimensional standards set forth in section 4.02.01 of
this Code shall apply to all development in Sending designated lands of the RFMU
district , except as follows:
(1) Lot Area and Width.
(a) Minimum lot Area: 40 acres.
(b) Minimum lot Width: 300 Feet.
(2) Parking. As required in Chapter 4.
(3) Landscaping. As required in Chapter 4.
(4) Signs . As required in section 5.06.00.
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5. Specific vegetation standards for the RFMU district . For these specific standards, please refer
to section 3.05.07 C. through 3.05.07 E. of this Code.
B. Natural resource protection area overlay district (NRPA).
1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay
District (NRPA) is to: protect endangered or potentially endangered species by directing
incompatible land uses away from their habitats; to identify large, connected, intact, and
relatively unfragmented habitats, which may be important for these listed species; and to
support State and Federal agencies' efforts to protect endangered or potentially endangered
species and their habitats. NRPAs may include major wetland systems and regional flow-ways.
These lands generally should be the focus of any federal, state, County, or private acquisition
efforts. Accordingly, allowable land uses, vegetation preservation standards, development
standards, and listed species protection criteria within NRPAs set forth herein are more
restrictive than would otherwise be permitted in the underlying zoning district and shall to be
applicable in addition to any standards that apply tin the underlying zoning district.
a. NRPA overlay areas. NRPAs are located in the following areas:
(1) Clam Bay Conservation Area (within Pelican Bay Planned Unit development );
(2) CREW (Corkscrew Regional Ecosystem Watershed);
(3) North Belle Meade;
(4) South Belle Meade;
(5) South Golden Gate Estates.
The NRPA lands within the Rural Fringe Mixed Use District to which the Section
2.03.08 C. regulations apply (i.e. - numbers 3 and 4 above) are depicted by the
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b. NRPAS designated as RFMU sending lands within the RFMU district . NRPAs located in
the RFMU district are identified as RFMU sending lands and are further subject to the
provisions, conditions and standards set forth in section 2.03.08 (A)(4). Private property
owners within these NRPAs may transfer residential development rights from these
important environmentally sensitive lands to other identified "receiving" lands pursuant to
eth specific provisions set forth in section 2.01.03 of this Code.
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c. Development standards. Development within a NRPA shall adhere to the following
standards:
(1) Vegetation Retention and Site Preservation - Native vegetation retention shall be as
required in Chapter 4.
(2) Permitted and conditional uses for all lands within a NRPA that are zoned CON and
for those lands within any NRPA that are publicly owned shall be as set forth in
sections 2.03.05 (B)(1)(a), (b) and (c), respectively.
(3) For privately owned lands within a NRPA within the RFMU district , permitted and
conditional uses shall be those as set forth in the RFMU district Sending Lands
(section 2.03.08 A.4.).
(4) For privately owned lands within a NRPA and designated Estates, permitted and
conditional uses shall be those as set forth in the Estates Designation within the
Golden Gate Area Master Plan. As these privately owned Estates Designated lands
are acquired for conservation purposes, the Comprehensive Plan and will be
amended to change the Designation to Conservation and the property will be rezoned
to the CON district .
(5) There are approximately 15 sections of privately owned land within a NRPA that are
not designated Sending and are not located within the RFMU district . Eight (8) of
these sections, known as the "hole-in-the-doughnut," are located within the South
Golden Gate Estates NRPA and surrounded by platted Estates lots , almost all of
which have been acquired by the State under the Florida Forever program as part of
the Picayune Strand State Forest. The remaining seven (7) sections are within an
approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As
these privately owned Agricultural/Rural Designated lands are acquired for
conservation purposes, the Plan will be amended to change the Designation to CON
district . Until such time as the designation on these lands is change to CON district
, permitted and conditional uses for these privately owned lands shall be those set
forth in underlying zoning district.
C. North Belle Meade Overlay District (NBMO).
1. Purpose and intent. The North Belle Meade Overlay (NBMO) is unique to the RFMU district
because it is surrounded by areas that are vested for development on three sides. Because
this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and
does provide valuable habitat for wildlife, including endangered species. The NBMO is intended
to achieve a balance of both preservation and opportunities for future development that takes
into account resource protection and the relationship between this area and the Estates
developing around the NBMO.
2. General location. The NBMO District is surrounded by Golden Gate Estates to the north, east,
and west and I-75 to the south. This NBMO comprises some 24 sections of land (approximately
15,550 acres) located entirely within the RFMU District (LDC section 2.03.08 A.). The
boundaries of the NBMO District are outlined in Illustration 2.03.08 C.2.a below and on the
North Belle Meade Overlay Map in the Future Land Use Element of the GMP.
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Illustration 2.03.08 C.2.a
3. Applicability:
a. NBMO receiving lands. Permitted, conditional, and accessory uses within NBMO
Receiving Lands shall be as set forth in LDC section 2.03.08 A.2, except as provided in
LDC section 2.03.08 C.5.a. All other provisions of this Code that implement the Future
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Land Use Element, Conservation and Coastal Management Element, or Public Facilities
Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to
development in NBMO Receiving Lands to the extent specifically stated in this section.
However, all development within NBMO Receiving Lands shall comply with all non-
environmental review procedures for site development plans and platting as set forth in
this Code.
b. NBMO neutral lands . Except as otherwise specifically provided in LDC section 2.03.08
C.4. and LDC section 2.03.08 C.5.b., all development within NBMO neutral lands shall
be consistent with LDC section 2.03.08 A.3.
c. NBMO sending lands. Except as otherwise specifically provided in LDC section 2.03.08
C.4., all development with NBMO Sending Lands shall be consistent with LDC section
2.03.08 A.4.
4. General planning and design considerations:
a. Transportation. As a condition for the approval of the residential component of any
subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the
NBMO, the following transportation related improvements and planning and design
elements shall be addressed and provision made for their completion.
(1) An extension of Wilson Boulevard shall be provided, including ROW dedication and
construction to County collector road standards, through Section 33, Range 27 East,
extending to the south to Interstate 75 via an interchange or service road for
residential development should it commence in Sections 21, 28 and 27. The portion
of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed
with aquatic species crossings and small terrestrial animal crossings.
(2) As an alternative to (1) above, a haul road along an extension of Wilson Boulevard
shall be improved to standards sufficient, in the opinion of County transportation staff,
to safely serve earth-mining activities with a connection through Sections 32 and 31 to
Landfill Road.
(3) Lands required for the extension of Wilson Boulevard will be dedicated to Collier
County at the time of rezoning. The right-of-way shall be of a sufficient size to
accommodate collector road requirements.
(4) All new roads and road improvements, other than the Wilson Boulevard extension
and the haul road referenced in 2 above, shall:
(a) be routed so as to avoid traversing publicly owned natural preserves, publicly
owned parks, publicly owned recreation areas, areas identified as
environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless
there is no feasible and prudent alternative; and
(b) be designed with aquatic species crossings, small terrestrial animal crossings,
and large terrestrial animal crossings pursuant to Florida Fish and Wildlife
Conservation Commission criteria.
b. Buffering . The western ¼ of Sections 22 and 27 shall be buffered from the NBMO NRPA
to the east by a buffer preservation that includes all of the eastern ½ of the western ¼ of
Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson
Boulevard extension road right-of-way and the NRPA.
c. Greenway. A Greenway that follows natural flowways , as contemplated in the Community
Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As
a condition to the creation of TDR credits from NBMO Sending Lands that constitute
natural flowways , such lands shall be dedicated to a public or private entity for use as
part of the Greenway.
5. Additional specific area provisions.
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a. Receiving lands.
(1) Density .
(a) The base density in RFMU receiving lands , outside of a rural village is one
dwelling unit per five (5) gross acres.
(b) This density may be increased, through TDR credits and TDR Bonus Credits ,
up to a maximum of 1 dwelling unit per gross acre.
(c) Once a density of 1 dwelling unit per gross acre is achieved through TDR
credits and TDR Bonus Credits , additional density may be achieved as
follows:
i. 0.1 dwelling unit per acre for each acre of native vegetation preserved on-
site;
ii. 0.1 dwelling unit per acre for each acre of wetlands having a functionality
value, as assessed using the South Florida Water Management District's
Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are
preserved on-site; and/or
iii. 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is
within either a NRPA or a buffer area adjoining a NRPA that is dedicated to
a public or private entity for conservation use.
(2) The earth mining operation and asphalt plant uses that currently exist within NBMO
Receiving Lands may continue and may expand as follows:
(a) Until June 19, 2005, or such other date as the GMP is amended to provide, such
uses may expand only into the western half of Section 21 and shall not generate
truck traffic beyond average historic levels.
(b) Such mining operations and an asphalt plant may expand on Sections 21 and
28 and the western quarters of 22 and 27 as a permitted use if either of the
following occurs by June 19, 2005, or such other date as the GMP is amended to
provide:
i. an alignment has been selected, funding has been determined, and an
accelerated construction schedule established by the BCC and the mine
operator, for an east-west connector roadway between County Road 951
and the Wilson Boulevard extension; or
ii. the mine operator commits to construct a private haul road by June 19,
2007, or such other date as the GMP is amended to provide, without the use
of any public funds.
(c) If the conditions for expansion set forth in b above are not satisfied, any mining
operations or asphalt plant in these areas, other than continued operations on
the western half of Section 21 at historic levels, shall be permitted only as a
conditional use.
(3) A greenbelt is not required for any development in NBMO Receiving Lands,
whether inside or outside of a rural village . However, any greenbelt that is provided
in a NBMO rural village shall be included in the calculation of open space.
(4) NBMO rural village. A NBMO rural village shall adhere to the provisions for rural
village set forth in LDC section 2.03.08 A.2.b., except as follows:
(a) Density. An NBMO rural village shall have a minimum gross density of 1.5
dwelling units per acre and a maximum gross density of three (3) dwelling units
per acre.
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i. The minimum required density shall be achieved through TDR credits, TDR
Bonus Credits, and Rural Village Bonus credits, as provided in LDC section
2.03.08 A.2.b.(3)(c).
ii. Once the minimum required density is achieved, additional density may be
achieved, up to the maximum of three (3) dwelling units per gross acre
through any one or combination of the following:
a) TDR credits ;
b) TDR Bonus Credits;
c) 0.3 dwelling unit per acre for each acre of native vegetation preserved
on-site;
d) 0.3 dwelling unit per acre for each acre of wetlands having a
functionality value, as assessed using the South Florida Water
Management District's Unified wetlands Mitigation Assessment
Method, of 0.65 or greater that are preserved on-site; and/or
e) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is
within either a NRPA or a buffer area adjoining a NRPA that is
dedicated to a public or private entity for conservation use.
(b) Sidewalks shall be required on both sides of the streets .
(c) Interconnected bike lanes shall be provided on all collector and arterial
roadways.
(d) Schools shall be located within a NBMO rural village whenever possible, in
order to minimize bussing of students. Furthermore, whenever possible, schools
shall be co-located with other public facilities and civic structures , such as
parks, libraries, community centers, public squares, greens, and civic areas.
(e) Elementary schools shall be accessible by local streets and pedestrian and
bicycle facilities and shall be located in or adjacent to the rural village center ,
provided that local streets provide access adequate to meets the needs of the
School Board.
b. Neutral lands. Neutral lands shall be governed by the standards set forth in LDC section
2.03.08 A.3. In addition to standards in LDC section 2.03.08 A.3., neutral lands located in
Section 24, Township 49 South, Range 26 East, shall be governed by the North Belle
Meade Overlay in the Future Land Use Element of the GMP. Where there is a conflict
between provisions, the GMP overlay provisions shall apply.
(Ord. No. 04-72, § 3.F; Ord. No. 05-27, § 3.E; Ord. No. 05-49, § 3.B; Ord. No. 07-67, § 3.E;
Ord. No. 08-08, § 3.C; Ord. No. 12-38, § 3.C; Ord. No. 16-27, § 3.G; Ord. No. 18-18, § 3.E;
Ord. No. 19-08, § 3.B)
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2.03.07 - Overlay Zoning Districts
D. Special Treatment Overlay (ST).
1. Within the County there are certain areas, which because of their unique assemblages of flora
and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the
County, or their contribution to their own and adjacent ecosystems, make them worthy of
special regulations. Such regulations are directed toward the conservation, protection, and
preservation of ecological and recreational values for the greatest benefit to the people of the
County. Such areas include, but are not necessarily limited to, mangrove and freshwater
swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches , estuaries,
cypress domes, natural drainage ways, aquifer recharge areas, and lands and structures of
historical and archaeological significance. The purpose of the "ST" district is to assure the
preservation and maintenance of these environmental and cultural resources and to encourage
the preservation of the intricate ecological relationships within the systems, and at the same
time, permit those types of development which will hold changes to levels determined
acceptable by the BCC after public hearing.
2. An overlay zoning district classification to be known as the ST special treatment overlay district,
and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol
of the basic zoning district which it overlays, is hereby established. This overlay district
classification will be used for those lands of environmental sensitivity and historical and
archaeological significance where the essential ecological or cultural value of the land is not
adequately protected under the basic zoning district regulations established by this LDC. The
placement or removal of this the ST district shall be governed by the procedure for amending
the LDC and this Official Zoning Atlas as prescribed in Chapter 10. All land within the ST
overlay district shall be designated as environmentally sensitive.
3. For purposes of identifying land from which the residential development rights have been
transferred, such lands shall be designated on the Official Zoning Atlas by affixing the letter "P"
for preservation to the symbol "ST," thusly "P-ST." Such designation shall be placed on the land
after the BCC has accepted the deed and/or guarantee to said property.
4. Transfer of Development Rights (TDR).
a. Purpose, Intent and Applicability.
i. Purpose. The primary purpose of the TDR process is to establish an equitable method
of protecting and conserving lands determined to have significant environmental
value, including large connected wetland systems and significant areas of habitat for
listed species; and
To provide a viable mechanism for property owners of such environmentally valuable
lands to recoup lost value and development potential which may be associated with
the application of environmental preservations standards to such lands.
ii. Intent . These TDR provisions are intended to accomplish the above stated purpose
through an economically viable process of transferring development rights from less
suitable non-RFMU sending areas and RFMU sending lands to more suitable non-
RFMU receiving areas and RFMU receiving lands .
iii. Applicability . These TDR provisions shall be applicable to those areas specifically
identified in (b), (c) and (d) below. These TDR provisions shall not be applicable to the
any transfer of development rights within the RLSA District.
b. Transfer of development rights from urban areas to urban areas. An owner of land located
within areas designated as urban on the Future Land Use Map, including agriculturally
zoned properties, which may or may not be identified with the ST overlay, may elect to
transfer some or all of the residential development rights from one parcel of land to
another parcel , as an alternative to the development of the sending lands. The lands to
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which the development rights are to be transferred shall be referred to as receiving lands
and those lands from which development rights are transferred shall be referred to as
sending lands, as provided herein and shall be located within the urban designated areas
of the county.
i. The development rights shall be considered as interests in real property and be
transferred in portions or as a total as provided in this section. Once used, the
residential development rights shall not be used again and the residential
development rights of the subject lands providing them shall be considered severed
forever.
ii. The transfer of development rights to be used shall be subject to all of the
requirements of the basic zoning district to which they are transferred unless
specifically approved otherwise as provided by law.
iii. The minimum area of land eligible for the transfer of development rights shall be
equal to the minimum lot size for the sending zone. For the purposes of this section,
legal non-conforming lots of record may be eligible to transfer density , with the
minimum area of the receiving land equal to the area of the legal non-conforming lot
of record , excluding submerged land.
iv. Upon the approval of the transfer of residential development rights by a super
majority vote of the Board of County Commissioners, the property owner of the
sending land shall dedicate in fee simple the land to the county or a state or federal
agency; however, the lands may be dedicated in fee simple to a private, not-for-profit
conservation or environmental organization in accordance with F.S. § 704.06, as
amended, with the approval of the Board of County Commissioners.
v. The maximum number of residential units which may be requested for transfer shall
be compiled on the basis of the permitted density pursuant to the underlying zoning
category of the sending land.
vi. Maximum number of residential units which eligible lands may receive.
a) Lands in all residential zoning districts and residential components of planned
unit development zoning districts are eligible to receive residential development
units provided that the maximum number of residential units which may be
transferred to the receiving land does not exceed ten percent of the maximum
number of residential units permitted under the receiving property's basic zoning
district. For the purpose of determining the number of residential units which a
parcel of land is capable of receiving, the following formulas shall apply:
i) RSF-1 through RSF-5 districts, up to and including five units per acre:
Units per base density × 10% = .1 to .5 units per acre
ii) RMF-6 district, up to and including six units per acre:
6 units × 10% = 0.6 units per acre
iii) RMF-12 district, seven to and including 12 units per acre:
12 units × 10% = 1.20 units per acre
iv) RMF-16 district:
16 units × 5% = 0.80 units per acre
v) RT district:
16 units × 5% = 0.80 units per acre
vi) PUD district:
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Residential tract units × 5% = permitted units per acre
b) For the purpose of calculating the final fractional residential unit of the total
number of residential units eligible for transfer to an eligible parcel of land, the
following shall apply: Any fractional residential unit shall be converted upward if
one-half or more of a whole unit, or downward if less than one-half of a whole
unit, to the nearest whole unit value.
vii. Procedure for obtaining transfer of residential development rights. Any owner of
eligible land may apply for a transfer of development rights either separately or
concurrently with rezoning, zoning ordinance amendments, preliminary subdivision
plat or development plan. Prior to the approval of any transfer of development rights
or the issuance of any building permits in connection with the use of any transfer of
development rights, the petitioner shall submit the following information and data, as
applicable to the petition, to the development services director for his review and
subsequent action by the Board of County Commissioners
a) Name and address of property owner of sending land.
b) Name and address of property owner of receiving land.
c) Legal description of sending land from which transfer of residential development
rights is petitioned.
d) Survey of sending land from which transfer of residential development rights is
requested.
e) Legal description of receiving land which receives the transfer of residential
development rights.
f) Survey of the land which receives the transfer of residential development rights.
g) Three copies of an executed deed of transfer of ownership of the sending
property to the county or a state or federal agency; however, the lands may be
dedicated in fee simple to a private, not-for-profit conservation or environmental
organization in accordance with F.S. § 704.06, as amended, with the approval of
the Board of County Commissioners in a form approved by the county attorney.
h) The owner of the sending land shall provide a guarantee, agreeable to and
approved by ordinance of the Board of County Commissioners, that the sending
land will be utilized only for the purposes of increasing public recreational and/or
educational opportunities, creation of linkages between public or private open
space , protection of critical habitat/ecosystems, or other public purpose as
specified in the ordinance of adoption. Such a guarantee shall be recorded with
the clerk of the circuit court of Collier County, Florida as a recorded restriction of
the use of such land and shall be binding upon all present and subsequent
owners, heirs, or assigns of such property. Such restrictions may not be
amended, deleted, or otherwise altered, except by a majority vote of the BCC.
viii. Time limitations on Board of County Commissioners' approval of transfer of
residential development rights or authorization to proceed with the processing of a
building construction permit. The Board of County Commissioners' approval of a
transfer of residential development rights or the County Manager or his designee
authorization to proceed with the processing of a building or construction permit shall
be valid so long as such approval is permitted by law. The failure to act on the part of
the petitioner to exercise the transfer of residential development rights or obtain and
exercise an authorized building or construction permit within the time period provided
by law shall automatically terminate such approval and the county shall be held
harmless for any damages arising out of the petitioner's failure to act.
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ix. Sequential use of residential units approved for transfer by the Board of County
Commissioners. Upon the issuance of any permit for the construction of residential
unit(s) upon the receiving land, the first residential units built thereon shall be
considered to be the residential units approved for transfer by the Board of County
Commissioners, and the succeeding residential units constructed shall be considered
the residential units permitted under the basic zoning district regulations.
c. TDR credits from RFMU sending lands : General Provisions
i. Creation of TDR credits .
a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit
per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or
parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate
of 1 TDR credit per legal non-conforming lot or parcel .
b) For lots and parcels 5 acres or larger, the number of TDR credits generated
shall be calculated using the following formula:
# of acres x 0.2 = # of TDR credits generated.
Where the number of TDR credits thus calculated is a fractional number, the
number of TDR credits created shall be rounded to the nearest 1/100th.
ii. Creation of TDR Bonus credits . TDR Bonus credits shall only be generated from
RFMU sending land property from which TDR credits have been severed. The three
types TDR Bonus credits are as follows:
a) Environmental Restoration and Maintenance Bonus credits . Environmental
Restoration and Maintenance Bonus credits are generated at a rate of 1 credit
for each TDR credit severed from that RFMU sending land for which a
Restoration and Management Plan (RMP) has been accepted by the County. In
order to be accepted, a RMP shall satisfy the following:
1) The RMP shall include a listed species management plan.
2) The RMP shall comply with the criteria set forth in 3.05.08.A, and B.
3) The RMP shall provide financial assurance, in the form of a letter of credit or
similar financial security, establishing that the RMP shall remain in place
and be performed, until the earlier of the following occurs:
a. Viable and sustainable ecological and hydrological functionality has
been achieved on the property as measured by the success criteria set
forth in the RMP.
b. The property is conveyed to a County, state, or federal agency as
provided in b) below.
4) The RMP shall provide for the exotic vegetation removal and maintenance
to be performed by an environmental contractor acceptable to the County.
b) Conveyance Bonus credits . Conveyance Bonus credits are generated at a
rate of 1 credit for each TDR credit severed from that RFMU sending land that
is conveyed in fee simple to a federal, state, or local government agency as a
gift. Conveyance Bonus credits shall only be generated from those RFMU
sending land properties on which an RMP has been accepted as provided in a)
above.
c) Early Entry Bonus credits . Early Entry Bonus credits shall be generated at a
rate of 1 additional credit for each TDR credit that is severed from RFMU
sending land for the period from March 5, 2004, until March 27, 2012. Early
Entry Bonus credits shall cease to be generated after the termination of this
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early entry bonus period. However, Early Entry Bonus credits may continue to
be used to increase density in RFMU and non- RFMU Receiving Lands after
the termination of the Early Entry Bonus period.
iii. Calculation of TDR Bonus credits .
a) Environmental Restoration and Maintenance Bonus credits are calculated as
follows:
# TDR credits generated from property × % property subject to an approved
RMP
b) Conveyance Bonus credits are calculated as follows:
# TDR credits generated from property × % property subject to an approved
RMP and conveyed as provided in ii.b) above.
c) Early Entry Bonus credits are calculated as follows:
# TDR credits generated within Early Entry period × 1.
iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending lands . TDR
credits or TDR Bonus credits from RFMU sending lands may be redeemed into
Urban Areas, the Urban Residential Fringe, and RFMU receiving lands , as provided
in subsections 2.03.07 4.d. and e. below.
v. Prohibition on redemption of fractional TDR credits and TDR Bonus credits . While
fractional TDR credits and TDR Bonus credits may be created, as provided in (ii)
above, TDR credits and TDR Bonus credits may only be redeemed in increments of
whole, not fractional, dwelling units. Consequently, fractional TDR credits and
fractional TDR Bonus credits must be aggregated to form whole units, before they
can be utilized to increase density in either non-RFMU Receiving Areas or RFMU
Receiving lands .
vi. Prohibition on severance of development rights.
a) Neither TDR credits nor TDR Early Entry Bonus credits shall be generated
from RFMU sending lands where a conservation easement or other similar
development restriction prohibits the residential development of such property,
with the exception of those TDR Early Entry Bonus credits associated with TDR
credits severed from March 5, 2004, until [the effective date of this provision].
Environmental Restoration and Maintenance Bonus credits and Conveyance
Bonus credits may only be generated from those RFMU sending lands where
a conservation easement or other similar development restriction on
development was imposed in conjunction with the severance of TDR credits .
b) Neither TDR credits nor any TDR Bonus credits shall be generated from RFMU
sending lands that were cleared for agricultural operations after June 19, 2002,
for a period of twenty-five (25) years after such clearing occurs.
d. Redemption of TDRs into non- RFMU receiving areas .
i. Redemption into urban areas.
a) Maximum density increase. In order to encourage residential in-fill in urban
areas of existing development outside of the Coastal High Hazard Area, a
maximum of 3 residential dwelling units per gross acre may be requested
through a rezone petition for projects qualifying under this residential infill
provisions of the Future Land Use Element density Rating System, subject to
the applicable provisions of Chapters 2 and 9 of this Code, and the following
conditions:
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i) The project is 20 acres or less in size;
ii) At time of development , the project will be served by central public water
and sewer;
iii) The property in question has no common site development plan in
common with adjacent property;
iv) There is no common ownership with any adjacent parcels ; and
v) The parcel in question was not created to take advantage of the in-fill
residential density bonus and was created prior to the adoption of this
provision in the Growth Management Plan on January 10, 1989.
vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be
derived from RFMU sending lands and redeemed at Site Plan or prior to
Plat recordation.
b) Developments which meet the residential infill conditions i) through v) above
may increase the base density administratively through a Site Development
Plan or Plat approval by a maximum of one dwelling unit per acre by redeeming
additional density derived from RFMU district Sending Lands.
ii. Redemptions into the Urban Residential Fringe shall be permitted exclusively through
the use of TDR credits and TDR Bonus credits derived from RFMU sending lands
located within one mile of the Urban Boundary to increase density by a maximum of
1.0 dwelling units per acre, allowing for a density increase from the existing
allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling
units per gross acre.
e. Redemption into RFMU receiving lands .
i. Maximum density on RFMU receiving lands when TDR credits are redeemed.
a) The base residential density allowable shall be as provided in sections 2.03.08
A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a).
b) The density achievable through the redemption of TDR credits and TDR Bonus
credits into RFMU receiving lands shall be as provided for in section 2.03.08
A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and
2.03.08 A.2.b.(3)(c)(i) inside of rural villages.
ii. Remainder uses after TDR credits are severed from RFMU sending lands. Where
development rights have been severed from RFMU district Sending Lands, such lands
may be retained in private ownership and may be used as set forth in section 2.03.08
A.4.b.
f. Procedures applicable to the severance and redemption of TDR credits and the
generation of TDR Bonus credits from RFMU sending lands .
i. General. Those developments that utilize such TDR credits or TDR Bonus credits
are subject to all applicable permitting and approval requirements of this Code,
including but not limited to those applicable to site development plans, plat
approvals, PUDs, and DRIs.
a) The severance of TDR credits and the generation of Early Entry Bonus credits
from RFMU sending lands does not require further approval of the County if the
County determines that information demonstrating compliance with all of the
criteria set forth in ii.a) below has been submitted. However, those developments
that utilize such TDR credits and Early Entry Bonus credits are subject to all
applicable permitting and approval requirements of this Code, including but not
limited to those applicable to site development plans , plat approvals, PUDs,
and DRIs.
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b) The generation of Environmental Restoration and Maintenance Bonus credits
and Conveyance Bonus credits requires acceptance by the County of a RMP.
ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the
County shall serve as the central registry for all TDR severances, transfers (sales)
and redemptions , as well as maintain a public listing of TDR credits available for
sale along with a listing of purchasers seeking TDR credits . No TDR credit
generated from RFMU sending lands may be utilized to increase density in any area
unless the following procedures are complied with in full.
a) TDR credits shall not be used to increase density in either non-RFMU
Receiving Areas or RFMU receiving lands until severed from RFMU sending
lands . TDR credits shall be deemed to be severed from RFMU sending lands
at such time as a TDR credit Certificate is obtained from the County. TDR credit
Certificates shall be issued only by the County and upon submission of the
following:
i) a legal description of the property from which the RFMU TDR credits
originated, including the total acreage;
ii) a title opinion establishing that, prior to the severance of the TDR credits
from RFMU sending lands , such sending lands were not subject to a
conservation restriction or any other development restriction that prohibited
residential development ;
iii) an affidavit, signed by the owner, stating that the property was not subject to
a conservation restriction or any other development restriction that
prohibited residential development during the period between the effective
date of the title opinion and conservation easement recordation;
iv) an executed Limitation of Development Rights Agreement, prepared in
accord with the form provided by the County, that limits the allowable uses
on the property after the severance of TDR credits as set forth in section
2.03.08 A.4.b.; and
v) a statement identifying the price, or value of other remuneration, paid to the
owner of the RFMU sending lands from which the TDR credits were
generated and that the value of any such remuneration is at least $25,000
per TDR credit , unless such owner retains ownership of the TDR credits
after they are severed, unless the RFMU or non- RFMU receiving lands on
which the TDR credits will be redeemed and the RFMU sending lands
from which the TDR credits were generated are owned by the same
persons or entities or affiliated persons or entities; and
vi) a statement attesting that the TDR credits are not being severed from
RFMU sending lands in violation of subsection 2.03.07 D.4.c.vi.b) of the
Code.
vii) documented evidence that, if the property from which TDRs are being
severed is subject to a mortgage, lien, or any other security interest; the
mortgagee, lien holder, or holder of the security interest has consented to
the recordation of the Limitation of Development Rights Agreement required
for TDR severance; transfer (sale) of TDR credit ; and redemption of TDR
credit .
b) TDR Bonus credits shall not be used to increase density in either non-RFMU
receiving areas or RFMU receiving lands until a TDR credit certificate reflecting
the TDR Bonus credits is obtained from the County and recorded.
1) Early Entry Bonus credits . All TDR credit certificates issued by the County
for the period from the effective date of this provision until March 27, 2015,
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unless further extended by resolution by the Board of County
Commissioners, shall include one Early Entry Bonus credit or fractional
Early Entry Bonus credit for each TDR credit or fractional TDR credit
reflected on the TDR credit certificate. Where TDR credits were severed
from March 5, 2004, until the effective date of this provision, the County
shall, upon receipt of a copy of the TDR credit certificate reflecting those
previously severed TDR credits , issue a TDR credit certificate entitling
Early Entry Bonus credits equal in number to the previously severed TDR
credits .
2) Environmental Restoration and Maintenance Bonus credit . A TDR
certificate reflecting Environmental Restoration and Maintenance Bonus
credits shall not be issued until the County has accepted a RMP for the
sending lands from which the Environmental Restoration and Maintenance
Bonus credit is being generated. Any sending lands from which TDR
credits have been severed may also be used for mitigation programs and
associated mitigation activities and uses in conjunction with any county,
state or federal permitting. Where the Environmental Restoration and
Maintenance Credit is applied for sending lands that are also being used
(title or easement) for mitigation for permits or approvals from the U.S. Army
Corps of Engineers, U. S. Fish and Wildlife Service, Florida Department of
Environmental Protection, Florida Fish and Wildlife Conservation
Commission, or the South Florida Water Management District, the County
shall accept as the RMP for the sending mitigation lands, the restoration
and/or maintenance requirements of permits issued by any of the foregoing
governmental agencies for said lands.
3) Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus
credits shall not be issued until the County has accepted a RMP for the
Sending Lands from which the Conveyance Bonus credit is being
generated and such sending lands have been conveyed, in fee simple, to a
County, state, or federal government agency.
c) A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally
approved, but no subsequent application for site development plan or
subdivision plat within the PUD or DRI shall be approved, until the developer
submits the following:
i) documentation that the developer has acquired all TDR credits and TDR
Bonus credits needed for that phase of the development that is the
subject of the site development plan or subdivision plat.
d) The developer shall provide documentation of the acquisition of full ownership
and control of all TDR credits and TDR Bonus credits needed for the
development prior to the approval of any site development plan, subdivision
plat, or other final local development order, other than a PUD or DRI.
e) Each TDR credit shall have an individual and distinct tracking number, which
shall be identified on the TDR certificate that reflects the TDR credit . The
County TDR Activity Log shall maintain an ongoing database that categorizes all
TDR credits relative to severance, transfer (sale) and redemption activity.
f) Each TDR Bonus credit shall have an individual and distinct tracking number,
which shall be identified on the TDR certificate and which shall identify the
specific TDR credit associated with the TDR Bonus credit . The County TDR
Registry shall maintain a record of all TDR Bonus credits , to include a
designation of those that have been expended.
g) The County bears no responsibility to provide notice to any person or entity
holding a lien or other security interest in Sending Lands that TDR credits have
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been severed from the property or that an application for such severance has
been filed.
g. Proportional utilization of TDR credits and TDR Bonus credits . Upon the issuance of
approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR
credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of
the PUD or DRI's approved gross density that is derived through TDR credits and TDR
Bonus credits . All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall
require that the rate of TDR credit and TDR Bonus credits consumption be reported
through the monitoring provisions of section 10.02.12 and subsection 10.02.07.C.1.b of this
Code.
5. In accordance with § 380.05, F.S. and chapter 73-131 Laws of Florida, the administrative
commission instituted regulations for the Big Cypress Area of Critical State Concern "ACSC".
The purpose of these regulations is to conserve and protect the natural, environmental, and
economic resources of the Big Cypress area. Furthermore, these regulations are to provide a
land and water management system that will preserve water quality, provide for the optimum
utilization of the limited water resources of the area, facilitate orderly and well-planned
development , and protect the health, safety and welfare of residents of the state. The Florida
Administrative Code establishes criteria for site alteration, drainage, transportation facilities and
structure installation. These regulations are implemented through the land development
regulations as set forth in section 4.02.14. An overlay zoning classification to be known as Area
of Critical State Concern/Special Treatment Overlay shall be designated on the Official Zoning
Atlas with symbol ACSC-ST.
§ 3.D; Ord. No. 19-09, § 3)
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3.06.00 - GROUNDWATER PROTECTION
3.06.01 - Purpose and Intent
A. The purpose of this section is to establish standards, regulations, and procedures for the review and
approval of existing and proposed development within mapped wellfield protection zones in the
unincorporated area and the incorporated areas of the County. The standards and regulations of this
section shall be implemented to protect existing and future wellfields, protect natural aquifer system
recharge areas, protect Countywide groundwater resources, and to protect the public health and
resources through regulation and establishment of standards for development involving the use,
storage, generation, handling, and disposal of quantities of hazardous products and hazardous
waste in excess of identified quantities, disposal of sewage and effluent, stormwater management,
earthmining, petroleum exploration, solid waste , and other related aspects of land use and
development .
B. It is the intent of the BCC that this section implement and be consistent with the Collier County GMP.
Implementation will provide for the long-term protection of the County's groundwater resource, and
through the management of those land uses and developments within wellfield management
special treatment overlay zones and Countywide groundwater protection zones, ensure short-term
protection. This section is intended to be consistent with principles of property rights, as balanced
with the health, safety, and welfare of the general public.
C. In order to protect the County's potable groundwater resources, this section establishes Countywide
groundwater protection standards, implemented through a Countywide groundwater protection zone,
and a series of wellfield risk management special treatment overlay zones around identified public
water supply wellfields. These special treatment overlay zones and groundwater protection zone
form the basis of land use management prohibitions and regulations to reduce or eliminate the
potential for groundwater contamination from specified land uses and activities.
3.06.02 - Protected Public Water Supply Wellfields
A. The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for
potable water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as
protected wellfields, around which specific land use and activity (regulated development ) shall be
regulated under this section.
B. There are hereby created wellfield risk management special treatment overlay zones around each
existing public water supply wellfield permitted by the SFWMD, to withdraw a minimum of 100,000
average gallons per day or more. These wellfield risk management special treatment overlay zones
are generally depicted on wellfield protection zone maps and are made a part hereof as Illustration
3.06.02 A. Wellfield risk management special treatment overlay zones shall be supplemental to
existing and future zoning and land use regulations, and shall not be deemed to permit or authorize
any use or activity not otherwise permitted in the underlying zoning district or allowable in the
underlying future land use designation.
3.06.03 - Description and Basis of Wellfield Risk Management Special Treatment Overlay Zones
Wellfield risk management special treatment overlay zones are derived from the three-dimensional
computer-modeled analysis of groundwater flow and solute transport in the County's freshwater aquifer
system, as prepared and presented in a study commissioned by the County and known as the "Three-
Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees and Mades,
1989) (the three-dimensional wellfield study).
A. Wellfield risk management special treatment overlay zone W-1 (zone W-1). The land area
between an identified wellfield and the five (5) percent groundwater capture zone,
approximating the one (1) year wellfield risk management special treatment overlay zone
boundary, as shown on the wellfield risk management special treatment overlay zone map,
Illustration 3.06.02 A, which area shall be protected from the discharge or accidental release of
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contaminants from a sanitary hazard or other contaminant source, including the discharge or
accidental release of hazardous products and hazardous wastes .
B. Wellfield risk management special treatment overlay zone W-2 (zone W-2). The land area
between zone W-1 and the ten (10) percent groundwater capture zone, approximating the two
(2) year wellfield risk management special treatment overlay zone boundary, as shown on the
wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which
area shall be protected from the discharge or accidental release of contaminants, including from
a sanitary hazard or other contaminant source and the discharge or accidental release of
hazardous products and hazardous wastes .
C. Wellfield risk management special treatment overlay zone W-3 (zone W-3). The land area
between zone W-2 and the twenty-five (25) percent groundwater capture zone, approximating
the five (5) year wellfield risk management special treatment overlay zone boundary, as shown
on the wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A,
which area may be protected from the discharge or accidental release of specific contaminants,
including the discharge or accidental release of hazardous products and hazardous wastes .
D. Wellfield risk management special treatment overlay zone W-4 (zone W-4). The land area
between zone W-3 and the 100 percent groundwater capture zone for the twenty (20) year
planning limit, which is the twenty (20) year wellfield risk management special treatment overlay
zone boundary, as shown on the wellfield risk management special treatment overlay zone
map, Illustration 3.06.02 A, which area may be protected from the discharge or accidental
release of specific contaminants, including the discharge or accidental release of hazardous
products and hazardous wastes .
3.06.04 - Groundwater Protection
A. There are hereby created groundwater protection special treatment overlay zones, as generally
depicted on the wellfield risk management special treatment overlay zone maps, Illustration 3.06.02
A. These groundwater protection special treatment overlay zones reflect wellfield risk management
zones W-1, W-2, W-3, and W-4; areas of high natural aquifer recharge in the County (ST-NAR), and
the natural recharge areas of the County that require minimum groundwater protection and within
which future public water supply wells may be located (GWP).
B. Wellfield risk management special treatment overlay zones, high natural aquifer recharge special
treatment zones (ST-NAR), and groundwater protection special treatment overlay zones shall be
supplemental to existing and future zoning and land use regulations, and shall not be deemed to
permit or authorize any use or activity not otherwise permitted in the underlying zoning district or
allowable in the underlying future land use designation.
C. The high natural aquifer recharge special overlay zones (ST-NAR) and the groundwater protection
zones (GWP) are based upon:
1. Those portions of the County identified as areas of high natural aquifer recharge to the surficial
and intermediate aquifer systems (ST-NAR).
2. The susceptibility of the surficial and intermediate aquifer systems in the County to
contamination resulting from surficial activities and the need for protection of the groundwater
resource as a future public water supply (GWP).
D. High natural aquifer recharge areas (ST-NAR). These areas have not yet been defined. The
prohibitions and regulations for this special treatment overlay zone shall be based upon the
determination and designation of those portions of the County that naturally function as high natural
recharge areas to the surficial and intermediate aquifer systems. Upon identification of ST-NAR
areas, pursuant to these regulations, shall be amended to include the ST-NAR special treatment
overlay zone where appropriate.
E. Groundwater protection area (GWP). All of the County provides natural aquifer recharge to the
water table aquifer , and the potential for natural aquifer recharge to the unconfined or semi-
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confined portions of the Lower Tamiami and Sandstone aquifers . Natural aquifer recharge from the
water table aquifer constitutes approximately eighty (80) percent of the recharge to the Lower
Tamiami aquifer on a regional basis. That area of the County, excluding W-1, W-2, W-3, W-4, and
ST-NAR, shall be provided with a minimum level of groundwater protection and shall be designated
as GWP.
3.06.05 - Annual Review of Zones
The wellfield risk management special treatment overlay zone maps, Illustration 3.06.02 A, shall be
reviewed by the BCC on an annual basis, or more often as may be determined by the County Manager or
designee in his discretion upon the occurrence of:
A. Changes in technical knowledge concerning the understanding of groundwater hydraulics, as
applied to the hydrogeology of applicable aquifer systems in the County.
B. Changes in the permitted withdrawals from the identified wellfield(s).
C. Reconfiguration of identified wellfields.
D. The designation of new wellfield(s) as protected under this section.
E. Availability of any other technical or scientific information relative to the aquifer systems in the
County.
3.06.06 - Regulated Wellfields
The following wellfield risk management special treatment overlay zones, as defined in section
3.06.03, and criteria specified herein shall be applied to the following wellfields:
A. City of Naples East Golden Gate Well Field.
B. City of Naples Coastal Ridge Well Field.
C. Collier County Utilities Golden Gate Well Field.
D. Everglades City Well Field.
E. Florida Governmental Utility Authority Golden Gate City Well Field.
F. Orange Tree Well Field.
G. Immokalee Well Field.
H. Ave Maria Utility Company Well Field.
I. Port of the Islands Well Field.
COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
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Illustration 3.06.06 C.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
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State of Florida
Department of State
I certify from the records of this office that IGNITE WIRELESS, INC. is a
Georgia corporation authorized to transact business in the State of Florida,
qualified on June 30, 2020.
The document number of this corporation is F20000003016.
I further certify that said corporation has paid all fees due this office through
December 31, 2020 and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Fourteenth day of July, 2020
Tracking Number: 2808137266CU
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
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Timothy.fi nn@col I iercountyfl .gov
Subject: Oppositional Letter to variance application PL20l 90002701
Dear Mr. Finn and others to whom it may concem:
My family and I submit this letter in opposition to the above numbered application for permitting, including
the seeking of a variance.
The above application would seek to allow construction of a very tall Communication Tower on a very small
parcel ofland by substituting for certain setback requirememts. The parcel is located immediately nexi to and
is contiguous to land on which my family and I reside in a "Dome" we call "Dome of the Glades" and which I
would describe, perhaps too poetically, as follows:
The Dome ofthe Glades is a gorgeous geodesic dome residence designed by architect Buckminster
Fuller. It is located less than fourteen miles, as the crow flies, from the beautiful white sand beaches of
the Gulf of Mexico.The land was purchased 50 years ago by the current owners and is in a protected
area which has remained pristine. Until the 21" century the Dome was so remotely located, few people
even kner,l of its existence.
About two decades ago, Collier county adopted and still retains what has been touted as an
"innovative" program meant to protect wetlands,wildlife and habitat from unrestrained growth.
The Rural Fringe Mixed Use District limited the real estate ownership rights for personi holding land
in either the designated "sending" or "receiving" areas, which include the small parcel now seeking a
variance. The program ivwas designed to "direct growth potential to appropriate locations." The
county, assured land holders that this plan was not inverse condemnation since the "taking" ofthese
real property rights would be paid for, as to the "sending" areas, by allowing development credits to be
sold to those in the "receiving" area. As to the "receiving" area, limitations on density and other
restrictions would remain in place but could be removed by pwchasing development ,'credits" from
sending areas. Allowing the construction of a huge Communication Tower in the very center of areas
which have reliantly remained pristine, is totally contrary to the plan Collier County assured citizens
they could depend on. To illustrate, when Ave Maria was initiated, also several decades ago, a plan
which is, in part, almost word for word the same plan as the Rural Fringe plan here, also had receiving
areas which invited development ofthoughtful and desirable villages. The building ofa huge
communications Tower in what is now the center of Ave Maria would certainly never have been
allowed. Our community, which we and our neighbors refer to as North Belle Meade has evolved very
slowly but "naturally" until now. It's beauty and "old Florida" character display potential for becoming
a cultural center to exhibit how humankind can (and perhaps must) respect and leam to live with nature
rather than to control it.
Other factors in opposition include:
L Failure ofproper notification. A letter from Ignite Wireless stated that someone would be
contacting me "directly within the next few days...." about a variance which would "not
adversely affect [my] property interest". The letter which was dated June 22, 2020 was not
postmarked until July 01, 2020 and, with delivery time, was already way past the "nexr few
days". ln fact no one has contacted me directly. My neighbor, who's property is contiguous to
mine, first informed me.
2. As to my above mentioned neighbor, another tower located within, roughly, 118 mile of the
instant tower, has been applied-for. That tower would sit directly north of this neighbor's
residence in full view of his superbly manicured home and show horse farm. We both oppose
both towers.
3. Construction and operation ofthe instant tower would inliinge on a legally established
3.A.g
Packet Pg. 463 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
prescriptive easement ofuse for cattle exchange connecting my property to that of Mr.
Stahlman whose land lies immediately west of the proposed tower location. This easement,
while not recorded, is visible and meets the legally required time frame.4. An existing tower, taller than the proposed tower, is within 3 miles. There may also be other
existing towers which the undersigned has yet to leam about.5. The proposed tower property owner is not seeking this variance. A lessee whose lease is
presumably contingent on being able to build this tower is thus not adversely affected by a
failure to succeed in doing so. There are many tracts of land in the general area, but away from
established neighborhoods, which are potentially available. Indeed collier County may itself
ou,n such property and, ifso, may be legally obligated to offer it for a Tower purpose pusuant to
code.
6. There exists a bam within reach of this tower should it fail. The bam is packed with antique
farming equipment, some of which may not be replaceable. We anticipate, within the near
future, that this machinery will play an essential role in the devolopment ofAgritourism on the
property pursuant to F.S. 570.85. A huge Communication Tower next to the bam destroys the
farm-like environment and, should humans be in the barn they may well be injured or killed.
The above described objections are not necessarily all inclusive.
Thank you very much. Please acknowledge receipt.
J. Richard Smith, Trustee, 380 Frangipani Ave, Naples Fl 34117
3.A.g
Packet Pg. 464 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
FinnTimoth
From:
SGnt
To:
Subjcct:
Richard Smith < seasmithzl42002@gmail.com >
Monday, August 24, 2020 8:47 AM
FinnTimothy
P1201 90002701 Oppositional letter
ExrER N AL EMAIL: This emall is from an extcrnalsource. Confirm this is a trusted sender and use extreme caution when
opening attachments or cllcklng llnks.
Dear Mr. Finn;
ln addition to items discussed in a previous oppositional letter dated August 16, 2020, in the above matter, I draw your
attention to the following items of opposition:
7. There are numerous miSrating birds which pass overhead, where we and the proposed tower are located. A 225 ft
tower will most likely interfere with their passage. Other birds, fauna and species may well also be adversely impacted.
8.lt is Senerally accepted that new 5G technology will soon be available. As to 5G towers, it is said that
" While most current cell towers are large, freestanding behemoths, the cell towers of the future are smaller devices
which companies aim to mount onto lampposts, rooftops, traffic lights and other appropriate spots...". (see www.the
whizcells.com). Communication tor rers, such as the one proposed above, will very soon be obsolete, serving no
necessary function but remaining as a blight on the North Belle Meade community.
9. The proposed tower would constitute an infringement or invasion of a right to privacy recognized, by the U.5.
Supreme Court and also available pursuant to Amendment 9 of the U.S. Constitution. lt is very easy to also envision a
violation of our ri8ht of protection from unlawful searches. My property is immediately (literally within 15-20 feet) next
to the proposed tower. lmagine, if you will, going out of your door every day or night not knowing what camera or other
device could be available to this tower for police surveillance. lt is, afterall, said to be built, in part, for police use.
10. The proposed Tower, by its very nature, will be an unsi8htly disturbance for the entire neighborhood and, by using
this site, nothinS is being done to avoid "adverse visual impact... through careful siting." as called for by the code.
(5.05'09A). There is within the same general area vacant property, for example, owned by the Collier county School
District, as well as other Collier County owned land which would meet the code's requirement that use of government
owned property must be considered, where available.
11. Mosquito control low flying planes frequently fly east-west along the southern edge of Golden Gate Estates,
precisely where this tower would be located. Thus, it creates a hazard and would interfere in such needed routes. Once
built, this entire area will lack adequate needed mosquito control.
12. As previously stated, the area in question is designated "rural fringe", an overlay whose purpose is protection for
land of "critical concern". lf protection of a NRPA, within close reach, can be ignored in "receiving lands", such receiving
lands here, lack the lgM required to even be part of the designated "rural fringe". That result clearly threatens the
1gA! status of a "rural fringe" not only in North Belle Meade but elsewhere in the county. (see Koon2 v. St John's River
Manacemen t District 133 5. Ct. 2585.570 U5 595,Supreme Court , 2013.)
13.The proposed tower fails to meet requirements of code 5.05.09G(7)(b) which provides, in part, that the tower must
be at a distance of at least yI of its height, or 112.5 feet (assuming no antennas)from the boundary of my property.
14. The proposed tower would be required to have white strobing lights at alltimes, every single night, without let-up.
Being so close to such constant invasion of peace and serenity is a severe burden. lt destroys the very reason my family
and I purchased this property some 50 years a8o. lt also results in interference with other wildlife habitat.
I
3.A.g
Packet Pg. 465 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
From: Luisa Soler <lsoler999@ gmail.com>
Sent: Tuesday, September 08, 2020 4:18 PM
To: CastroGa briela <Ga briela.Castro@ colliercountvfl.sov>
Subject: Cell Tower
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Hello Gabri,
Ref:PL:20200000885
and PL:20190002701
As a real estate professional I am really surprised that Collier County is considering permitting a cell
tower in the receiving area. The value of land and property will go down because of the ugly tower.
What about our health hazards?
We, as the land owner, will be stuck in here. These towers will cause hardship on all of us not able to sell
and extremely high risk of radiation. Park next to one tower and listen to the sound of death. Proposed
tower will be less than 550 ft to my bed. ls fanny 550 FrangipaniAve property owners do not reside at
this address, that is kind of ridiculous. We have real people living here. I am requesting from you and
county officials to deny permit for these towers, on the grounds that they causing hardship and harm to
residents.
Sincerely,
[UISA SOTER
1160 Sugarberry ST
Naples, FL 34117
3.A.g
Packet Pg. 466 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
From:
Sent:
To:
Subject:
Richard Smith < seasmith442002@gmail.com>
Thursday, September 10, 20?0 2:M PM
VelascoJessica
Re: Variance lnformation for P120190002701 - Kapok St SLC009 AT&T FirstNet Cell
Tower (VA)
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Variance lnformation for PL20190002701- Kapok St
Thank you, Ms. Velasco for the prompt response. ln reviewing the variance application I see numerous legal barriers to
the application. Without listing all of them at this time, I do request that this message be considered as opposition to the
variance application. Two issues, in opposition raise immediate barriers, but several others will be forthcoming if
necessary: 1. The hardship does not arise from the land, but rather from the proposed project. 2. Any hardship was "self
imposed". The owner and/or lessee are not permitted
to propose a project which violates code at the time of purchase or lease, and then claim hardship because of the
project they desire to create.The hardship must run with the land, not the project.
Please also consider this message as my request to be notified promptly should any meeting or discussion concerning
this application be scheduled or when my input could be beneficial for your consideration as to my opposition. Thank
you kindly, J. Richard Smith
Good morning Mr. Smith,
Per our conversation, I am attaching the project narrative and additional information on this project. I am including the
link to our public portal where you can see all of the documents that has been subm itted for this project. please keep in
mind that this project is still in review and it requires a hearing, before it being approved.
Client Portal: httos://cvoortal.collierc ountvfl.sov/CitvViewWeb/
1. U nder Planning Department
a. Status and fees
Enter Captcha
ii. EnterP120190002701
1. Under documents and images
a. You will be able to see everything that the applicant has submitted to date
1
VelascoJessica
On Thu,5ep 10, 2020 at 11:56 AM VelascoJessica <Jessica.Velasco@colliercountvfl.sov> wrote:
3.A.g
Packet Pg. 467 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
Jessica.velasco@colliercountvfl.gov
Respectfully,
r/ecciaa l/o/acoo
Client Services, Project Coordinator
Operations and Regulatory Management Division
"We're committed to your successl"
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone (239) 252-2584
Visit our website at: www.colliercountvfl.sov
NOIE: Emoll Addt.tt Hos Ctongcd
2800 Norlh Horieshoe Drlve, Noples Florldo 34104
Clienr Servlces: 23t.252. t036 Phone: 23t.252.2584
How are we doinB?
The Operations & Regulatory Management Division wants to hear from you!
2
3.A.g
Packet Pg. 468 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
Please take our online SURVEY
We oppreciote your feedbock!
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. lnslead, contact this office by telephone or in writing.
3
3.A.g
Packet Pg. 469 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
FinnTimot
From:
Sent:
To:
Subject:
CastroGabriela
Wednesday, September 9, 2020 9:31 AM
FinnTimothy
FW: Cell Tower
Hey Tim,
I received this email regarding these two projects I will go ahead and add it to both projects just wanted to send it to
you as you are the planner for the variance.
Thanks !
Respectfully,
Gabriela Castro, AICP
Senior Planner
C,Rfr,County
Developmen, Review Divilion
Exceeding Expecrolio ns, Eyery Dqy!
NOIE: Emqll Addrerr Hor Chonged
2E00 Norlh Horrerhoe Drlve, Noples Florldo 34104
Phone: 239-252-240E
How are we doing? Please CLTCK HERE to fill out a Customer Survey
We appreciate your Feedback!
From: Luisa Soler <lsoler999@gmail.com>
Sent: Tuesday, September 08, 2020 4:18 PM
To: CastroGabriela <Gabriela.Castro@colliercountyfl.gov>
Subject: Cell Tower
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Hello Gabri,
Ref:PL:20200000885
and PL:20190002701
As a real estate professional I am really surprised that Collier County is considering permitting a cell tower in the
receiving area. The value of land and property wlll go down because of the ugly tower. What about our health hazards?
We, as the land owner, will be stuck in here. These towers will cause hardship on all of us not able to sell and extremely
high risk of radiation. Park next to one tower and listen to the sound of death. Proposed tower will be less than 550 ft to
my bed. ls fanny 550 Frangipani Ave property owners do not reside at this address, that is kind of ridiculous. We have
1
3.A.g
Packet Pg. 470 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
real people living here. I am requesting from you and county officials to deny permit for these towers, on the grounds
that they causing hardship and harm to residents.
Sincerely,
LUISA SOTER
U5O Sugarberry ST
Naples, Ft !i4117
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in wriling.
2
3.A.g
Packet Pg. 471 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
F naucrpANr Ac Conauunrry Ctvrc AssocnrroN, rNC.
5I2 FRANGIPANI AVENUE
NAPLES, FLORIDA 34rr7
Collier County Growth Management
2800 Horseshoe Dr. N
Naples, FL34104
October 21,2020
Dear Collier County Growth Management,
The Frangipani Ag Community Civic Association serves residents and properry owners in an area
of three square miles in North Belle Meade. At our board meeting on October 14,2020 our agenda
included the issue of two proposed cell towers. They are identified as follows: Kapok St. PL20190002701
seeking a variance, and Frangipani St. PL20200000886 seeking an SDP. There was an extensive
discussion. The members expressed many concerns, the main ones being:
l. The Kapok St. tower application variance is being requested by a lessee, not the land owner.
There are plenty of other uses for this lot in addition to the potential to sell the lot. We do not
believe there is undue hardship in this situation, therefore we do not believe a variance should be
granted.
2. This is one of the last beautiful natural residential areas of Collier County. Having one or both of
these towers will be a detriment to the county's protected area.
3. The towers are proposed in RFMUD Receiving zoning. We believe these towers will inhibit the
plan of the RFMUD.
4. There are other towers within 6 miles of these sites that should be explored for the possibility of
co-locating before these towers are built. These existing towers have access points already
established, and should be utilized to their maximum capacity before additional towers should be
permitted.
5. Residents are concerned with the constant flashing waming lights illuminating the surrounding
area, disturbing the rural character of the neighborhood as originally protected and planned by
Collier County. Every resident of our North Belle Meade community places an extremely high
value on privacy.
6. We propose other commercial areas for the towers, with an already complete and very capable
infrastructure, as well as much easier access and security, such as: Wilson Blvd. & Golden Gate
Blvd., and Everglades BIvd. & Golden Gate Blvd. These locations would better serve the
community as a whole with upgraded service provided for many more outlying and congested
residents.
We request this letter be added to both project records and recorded as our opposition to the construction
of both towers.
Sincerely,
Mitchell Penner
President, Frangipani Ag Community Civic Association
FACCA34I l7@gmail.com
3.A.g
Packet Pg. 472 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
FinnTimothy
From:
Sent:
To:
Subject:
Richard Smith < seasmith442002@gmail.com >
Tuesday, October 27, 2020 12:31 PM
FinnTimothy; doug@tllfirm.com; Melanie Penner
Re: Kapok Letter
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
On Tue, Oct 27, 2020 at 11:47 AM FinnTimothy <Timothv. Fin n @colliercou ntvfl.sov> wrote:
Timothy Finn, AICP
Principol Plonner
te'r C-ournty
Zoning Division
NOIE: New EmoilAddress os of 1210912017
Timothy.Finn@co lliercounlvf l.oov
2800 North Horseshoe Drive, Noples Florido 34104
?hone:239.252.4312
Tell us how we ore doing by toking our Zoning Division SuNey ot htto://bit.lvlcollierzonins
1
Following our phone conversation, you forwarded to me the attached "property owner letter" . I had been inquiring
concerning details of the HEX meeting and you mentioned that this letter should have been sent to me on October 23,
2020. Perhaps it was, but as I mentioned to you, no such letter has yet been received. The time restrictions mentioned
in the letter: only 5 minutes to speak and no documents unless submitted 10 days prior, are very restrictive. This matter
is of grave concern, not only to me, but to our entire neighborhood. I would request a loosening of these restrictions.
Thank you very much, J.Richard Smith
3.A.g
Packet Pg. 473 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
FinnTimothy
From:
Sent:
To:
Subject:
mikebfishy@aol.com
Wednesday, October 28, 2020 9:22 PM
FinnTimothy
ISUSPICIOUS MESSAGEI The sender may trick victims into passing bad checks on their behalf.kapok
tower / frangipani
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
EXTERNAL EM,AIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Tim, my name is Mike Brower . I am the owner of 320 Frangipani ave.
I purchased the property several years ago and have an agricultural palm tree farm there now.
The proposed tower will severally diminish the value of my property. I own the access entry to lhe easement that would
give the tower owners access .
First I find it strange that the county owned property nearby where the wells are placed would not be available for such
commercial use .
I purchased the property in anticipation of a development opportunity eventually in the last receivable land for such
development. My property would not be a desirable placed to be used for a residence if it is allowed to go in.
I believe lwould be damaged by such invasion of a severely large metallic structure. And lalso believe there is evidence
that the tower and its transmission are safe and should therefore not be allowed in a residential area so close lo human
dwellings .
I am apposed to the variance use of the nearby property.
Sincerely, Mike Brower / Brower enterprises llc.
1
3.A.g
Packet Pg. 474 Attachment: Attachment F - Opposition Letters (14445 : PL20190002701 Kapok St. Cell Tower)
VARIANCE PETITIION APPLICATION (PL20190002701)
KAPOK STREET, NAPLES, FL 34117
PARCEL ID# 00307840002
RESPONSE TO STAFF COMMENT: TIMOTHY FINN #3
Staff comment:
Pursuant to LDC 5.05.09(D)(E) and (F) for shared tower use, please demonstrate that either you can or can not
work an arrangement for a shared tower use? Please see the Collier County Communication Towers Map as
Towers 1 and 18 are in proximity to the Kapok St Cell Tower property. Moreover, there is an Site Development
Plan (SDP) application (PL20200000886) for a proposed cell tower to be located at 550 Frangipani Avenue located
approximately 2065 feet to the east of the Kapok St Cell Tower property. Please explain why you can't share this
tower?
Response:
While we would consider any offer for another entity/provider to share the proposed tower on Kapok St., we are
not aware of any other towers that would provide necessary and adequate capacity and geographic coverage area
to achieve our objectives, and sharing another tower at another location is not a feasible option. To our
knowledge, there is no applicable separation requirement with respect to a tower at the Kapok St. location relative
to other towers in the vicinity.
As to the SDP application (PL20200000886) referenced in the staff comment, which relates to a proposed 185’
tower over 2,000 feet away from the proposed Kapok St. tower, that application was submitted on 7/27/2020,
according to the County’s website. The proposed Kapok St. tower is 250’, over 1/3 higher than the tower if the
application referenced by staff.
While the application for PL20200000886 was submitted on July 27, 2020, in the case of the Kapok St. Tower, a
preapplication meeting was first held November 12, 2019. As a result of that meeting, applicant prepared a
variance application, and a second pre‐application meeting was held on December 4, 2019 for the variance. At the
December 4, 2019 pre‐application meeting, applicant was advised (in error) that the tower use was not allowed by
right, and that a conditional use would be required.
Following a subsequent application for zoning interpretation, on March 17, 2020, staff formally determined the
use was a permitted use at this location, and that a conditional use was not required, but reiterated that a variance
would be necessary. Applicant has since filed the variance application that is presently under review.
Applicant first formally requested approval requirements for the tower in August 2019 (see ZLTR‐PL20190001999),
and has been diligently pursuing approval of the tower since then. Applicant has engaged in sincere, costly, and
diligent efforts over the past 11 months. This has included two pre‐application meetings, two ZVL’s, and
uncertainty created by erroneous “conditional use” instruction. Given Applicant’s significant efforts, the lack of any
codified tower separation requirement, the lack of any record of any tower application being filed until 7/27/2020,
and the significant investment incurred to date, it is appropriate for Applicant to move forward with its plans at
this location, which have been a matter of public record for almost a year.
Concurrent with these efforts, Applicant notified the Federal Aviation Administration (“FAA”) of its plans, and the
FAA issued a formal “Determination of No Hazard to Air Navigation” on October 23, 2019 for the proposed Kapok
St. tower. FAA notification is the industry standard for putting other would‐be tower owners on notice that there
is a tower application pending. The tower application referenced by staff (PL20200000886) has not, to our
knowledge, registered with or received any such determination from the FAA.
Date: 8.4.20203.A.h
Packet Pg. 475 Attachment: Attachment G - Shared Tower Use Response (14445 : PL20190002701 Kapok St. Cell Tower)
st(;\ lros'il\(; t\s rRt ( Tl0\s
(C'I.l,'\PTER {I. COLLIER ('OL'\T\' AD\II\IST'R.\I-I\ E ('0DE FOR I..A\D DE\'ELOP\IENT)
A zonins signls; nrust be posled b1 the petitioner or lhe petitioner's isent on the parcel tirr a mininturrr ol'tifteen ( l 5) calendar
dals in aclrance of thc lirst puhlic hearing and said sign(s) nrust hc rnairrtained b-r tlrc petitiorreror tltc petitioner's agcnt throuch
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:. l'he sign(s)ntust he securell'atliriecl b_r'nails. staplE-s. rrr other rneans to a rvood linrrre r'l'lo a s'ood panel and thc.n fasts'ned
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i. The petitioner or lhe petitioner's agenl must maintain the sign(s) in place. and readable condition until the requested action
has been heard and a tlnal decision rendered. lf the sirrn(s) is destro_rr'd. losr. or rendcred unreadable. the petitioner or the
petitioner's agent trrust replace the sign(s
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3.A.i
Packet Pg. 476 Attachment: Attachment H - Property Hearing Signs (14445 : PL20190002701 Kapok St. Cell Tower)
srl
PUBLIC HEANIilG ilOTICE
KAPOK ST. VAHIANCE
PETlil0N N0. VA-P1201900 02701
,
HEX: N0VEMBER 12, 2020 r 9:00 A.M.
COLLIER COUNTY GROWTH MAilAGEMEIIIT DEPARTMEilT
28OO HORSESHOE DBIVE NOHTH
R00lul 609-6t0, NAPLES, FL, 34104
TIM0THY FlNtll: 239-252'4312 .
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3.A.i
Packet Pg. 477 Attachment: Attachment H - Property Hearing Signs (14445 : PL20190002701 Kapok St. Cell Tower)
3.A.j
Packet Pg. 478 Attachment: Attachment I - Hybrid Hearing Waiver (14445 : PL20190002701 Kapok St. Cell Tower)
01/14/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Item Summary: PETITION NO. BDE PL20200000537 - 164 San Salvador Street - Request for a
boathouse, pursuant to Section 5.03.06.F of the Collier County Land Development Code, and a 16-foot
boat dock extension, over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Land Development
Code for waterways 100 feet or greater in width, to allow a boathouse and boat docking facility with two
boat slips each with a boat-lift protruding a total of 36 feet into a waterway that is between 116 feet and
187 feet wide for the benefit of property described as Lot 316, Isles of Capri No. 2, also described as 164
San Salvador Street in Section 32, Township 51 South, Range 26 East, Collier County, Florida.
[Coordinator: John Kelly, Senior Planner] Commissioner District 1
Meeting Date: 01/14/2021
Prepared by:
Title: Planner – Zoning
Name: John Kelly
12/22/2020 1:39 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/22/2020 1:39 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 12/22/2020 4:25 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 12/23/2020 3:50 PM
Zoning Ray Bellows Review Item Completed 12/28/2020 3:13 PM
Zoning Anita Jenkins Review Item Completed 12/30/2020 9:50 AM
Hearing Examiner Andrew Dickman Meeting Pending 01/14/2021 9:00 AM
3.B
Packet Pg. 479
BDE PL20200000537 – 164 San Salvador St Page 1 of 8
December 16, 2020
MEMORANDUM
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: JANUARY 14, 2021
SUBJECT: BDE-PL20200000537; 164 SAN SALVADOR STREET
PROPERTY OWNER/AGENT:
Owner/Applicant: Agent:
Curtis Blocker Nick Pearson
Brenda Blocker Turrell, Hall & Associates, Inc.
P.O. Box 970 3584 Exchange Avenue
Immokalee, FL 34143 Naples, FL 34104
REQUESTED ACTION:
The applicants are requesting a boathouse, pursuant to Section 5.03.06.F of the Collier County
Land Development Code (LDC), and a 16-foot boat dock extension (BDE) over the maximum 20
feet allowed by Section 5.03.06.E.1 of the LDC for waterways 100 feet or greater in width, to
allow a dock facility with two boat slips, each with a boatlift, protruding up to 36 feet into a
waterway that is between 116 and 187 feet wide for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 164 San Salvador Street, further described as Lot 316, Isles of
Capri No. 2 in Section 32, Township 51 South, Range 26 East of Collier County, Florida. Folio
No. 52397120007. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Residential Single-Family-4 (RSF-4) zoning district and
comprises 0.15 acres; existing improvements include a single-family dwelling. The applicant
desires to replace an existing boat dock facility including boathouse with another comprising a
single boathouse over two finger piers, one is 27 feet in length to accommodate a 25-foot vessel
and the other is 36 feet in length to accommodate a 34-foot vessel.
3.B.a
Packet Pg. 480 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE PL20200000537 – 164 San Salvador St Page 2 of 8
December 16, 2020
3.B.aPacket Pg. 481Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537
BDE PL20200000537 – 164 San Salvador St Page 3 of 8
December 16, 2020
The new dock facility and boathouse are to be constructed in accordance with Site Plan sheets 03,
04, and 05 of 08 as they appear in Attachment A. A Sketch of Survey dated July 23, 2019, reveals
the Property Line, Mean High Water Line, and the wet face of seawall to essentially be the same
for the purposes of measuring maximum dock protrusion as per LDC Section 5.03.06.C.1. Said
survey further demonstrates the width of waterway is between 116 and 187 feet and that the platted
shoreline width of the subject property is 60 feet. As per LDC Section 5.03.06.E.1, lots on canals
or waterways that are 100 feet or greater in width shall not protrude more that 20-feet into the
waterway. The proposed dock facility will protrude 64 feet beyond the allowable 20-feet for a total
protrusion of 84-feet as measured from the property line. Section 5.03.06.E.5 of the LDC states
that the side yard/riparian setback for dock facilities on lots with water frontage of 60-feet or
greater is 15-feet; The referenced site plans demonstrate satisfaction of said setbacks.
The proposed boathouse will be a single structure of 15-feet in height spanning the width of both
finger piers. Standards for boathouses and roofed structures built upon docks are contained within
LDC Section 5.03.06.F. Staff notes that the maximum protrusion for boathouses is 20-feet;
however, the subject BDE serves to allow a protrusion of up to 36 feet, as measured from the
property line. The required side yard /riparian setbacks are 15-feet and the structure is to be
completely open on all four sides. Additionally, the roof material used for the boathouse will match
that of the existing house. The referenced site plans demonstrate satisfaction with these
requirements.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the subject site.
North: San Salvador Street (ROW) then Single-Family dwelling, RSF-4
South: Snook Bay, Agricultural-Special Treatment (A-ST)
East: Single-Family dwelling, RSF-4
West: Single-Family dwelling, RSF-4
3.B.a
Packet Pg. 482 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Ann P. Jennejohn
From: LynchDiane <Diane.Lynch@colliercountyfl.gov>
Sent: Monday, February 1, 2021 4:18 PM
To: Minutes and Records
Subject: 1/14/2021 HEX Meeting Item 3B
Attachments: Final Staff Report Correction - BDE-PL20200000537.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Can you please add this corrected staff report page to the to the recorded documents for the
1/14/2021 HEX Meeting Item 3B
PL20200000537 BDE 164 San Salvador Sreet — Blocker
Thank you
Respectfully,
Diane Lynch, CSM, CPM
Operations Analyst
Diane.lynch(a�colliercountyfl.gov
Cot; County
Operations and Regulatory Management Division
"We're committed to your success!"
Note:Email Address Has Changed
2800 N. Horseshoe Drive
Naples, FL 34104
Telephone (239) 252-4283
Fax (239) 252-6528
Visit our website at: www.colliercountyfl.gov
Upcoming out of office dates:
How are we doing?
The Operations & Regulatory Management Division wants to hear from you!
Please take our online SURVEY.
We appreciate your feedback!
i
The new dock facility and boathouse are to be constructed in accordance with Site Plan sheets 03,
04,and 05 of 08 as they appear in Attachment A.A Sketch of Survey dated July 23, 2019,reveals
the Property Line, Mean High Water Line, and the wet face of seawall to essentially be the same
for the purposes of measuring maximum dock protrusion as per LDC Section 5.03.06.C.1. Said
survey further demonstrates the width of waterway is between 116 and 187 feet and that the platted
shoreline width of the subject property is 60 feet. As per LDC Section 5.03.06.E.1,lots on canals
or waterways that are 100 feet or greater in width shall not protrude more that 20-feet into the
waterway. The proposed dock facility will protrude 64 16 feet beyond the allowable 20-feet for a
total protrusion of 84 36-feet as measured from the property line. Section 5.03.06.E.5 of the LDC
states that the side yard/riparian setback for dock facilities on lots with water frontage of 60-feet
or greater is 15-feet; The referenced site plans demonstrate satisfaction of said setbacks.
The proposed boathouse will be a single structure of 15-feet in height spanning the width of both
finger piers. Standards for boathouses and roofed structures built upon docks are contained within
LDC Section 5.03.06.F. Staff notes that the maximum protrusion for boathouses is 20-feet;
however, the subject BDE serves to allow a protrusion of up to 36 feet, as measured from the
property line. The required side yard /riparian setbacks are 15-feet and the structure is to be
completely open on all four sides.Additionally,the roof material used for the boathouse will match
that of the existing house. The referenced site plans demonstrate satisfaction with these
requirements.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the subject site.
North: San Salvador Street(ROW)then Single-Family dwelling, RSF-4
South: Snook Bay,Agricultural-Special Treatment (A-ST)
East: Single-Family dwelling,RSF-4
West: Single-Family dwelling,RSF-4
- "" -
4
•
D I •
BDE PL20200000537— 164 San Salvador St Page 3 of 8
December 16,2020
BDE PL20200000537 – 164 San Salvador St Page 4 of 8
December 16, 2020
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to an ST overlay zone which will require an ST -
permit for the proposed docking facilities prior to issuance of building permits. The proposed
docking facilities will be constructed waterward of the existing seawalled shoreline. The shoreline
does not contain native vegetation. A submerged resources survey provided by the applicant
found no submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit
sheet 5 of 7 provides an aerial with a note stating that no seagrasses were observed within 200
feet. This project does not require an Environmental Advisory Council Board (EAC) review,
because this project did not meet the EAC scope of land development project reviews as
identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws
and Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
BDE Primary Criteria:
1. Whether or not the number of dock facilities and/or boat slips proposed is
appropriate in relation to the waterfront length, location, upland land use, and zoning
of the subject property; consideration should be made of property on unbridged
barrier islands, where vessels are the primary means of transportation to and from
the property. (The number should be appropriate; typical, single-family use should
be no more than two slips; typical multi-family use should be one slip per dwelling
unit; in the case of unbridged barrier island docks, additional slips may be
appropriate.)
Criterion met: The subject property is an improved residential lot supporting a single-
family residence; the proposed project consists of replacing the existing dock facility with
another comprising two boat slips, each with a boatlift, with boathouse.
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the
general length, type, and draft as that described in the petitioner’s application is
unable to launch or moor at mean low tide (MLT). (The petitioner’s application and
survey should show that the water depth is too shallow to allow launch and mooring
of the vessel(s) described without an extension.)
Criterion not met: The reason for this BDE is limited shoreline area within the required
setbacks; not water depth.
3.B.a
Packet Pg. 483 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE PL20200000537 – 164 San Salvador St Page 5 of 8
December 16, 2020
3. Whether or not the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel. (The facility should not
intrude into any marked or charted navigable channel thus impeding vessel traffic in
the channel.)
Criterion met: The proposed facility does not protrude into any marked or charted
navigable channel. Said dock facility will protrude a maximum of 36 feet from the property
line leaving between 124 feet and 155 feet for navigation; See Attachment A, Sheet 07 of
08.
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the
width of the waterway, and whether or not a minimum of 50 percent of the waterway
width between dock facilities on either side of the waterway is maintained for
navigability. (The facility should maintain the required percentages.)
Criterion met: As per the provided survey, the width of the waterway to the front of the
subject property fluctuates from between 187 feet to 116 feet at the narrowest point; the
protrusion of each finger pier has been adjusted to accommodate for this fluctuation . At
the 36-foot protrusion mark, the dock facility protrusion is approximately 19.25 percent of
the waterway; at the 27-foot mark the protrusion is 23.28 percent of the waterway.
5. Whether or not the proposed location and design of the dock facility is such that the
facility would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met: The proposed replacement dock facility will satisfy the required 15-foot
side yard/riparian setbacks and will not interfere with any existing or future neighboring
docks.
BDE Secondary Criteria:
1. Whether or not there are special conditions, not involving water depth, related to the
subject property or waterway, which justify the proposed dimensions and location of
the proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met: The subject property is located at the throat of a canal which results in
fluctuating canal widths along the subject shoreline. Additionally, the LDC requires 15-
food side yard setbacks for lots 60 feet or greater in width; the remaining 30 feet of water
frontage does not allow enough space to moor a 34-foot vessel broadside along the shore.
Therefore, the vessel must be oriented perpendicular to the shoreline which exceeds the
20-foot maximum protrusion limit.
3.B.a
Packet Pg. 484 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE PL20200000537 – 164 San Salvador St Page 6 of 8
December 16, 2020
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck area
not directly related to these functions. (The facility should not use excessive deck area.)
Criterion met: The proposed dock facility will cover approximately 933 square feet of
over water structure and is the minimum size required to service the applicant’s privately
owned vessels; there is no excessive dock area.
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in
combination, described by the petitioner exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion not met: The subject property has 60 feet of waterfront and the dock facility is
to serve a 34-foot vessel and a 25-foot vessel, 59 feet combined.
4. Whether or not the proposed facility would have a major impact on the waterfront
view of neighboring waterfront property owners. (The facility should not have a
major impact on the view of either property owner.)
Criterion met: The existing dock facility already contains a boathouse. The proposed dock
facility has been designed to be within required side/riparian setbacks and should pose no
greater visual impact.
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility.
(If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be
demonstrated.)
Criterion met: There are no seagrass beds present on the property nor the neighboring
properties within 200-feet of the existing/proposed dock facility.
6. Whether or not the proposed dock facility is subject to the manatee protection
requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with
subsection 5.03.06.E.11 must be demonstrated.)
Criterion not applicable: The proposed project is for a single-family residential boat dock
facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable to this boat dock
proposal.
In accordance with LDC Section 5.03.06.F., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a Boathouse request based on certain criteria. Boathouses,
including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner
according to the following criteria, all of which must be met in order for the Hearing Examiner to
approve the request.
3.B.a
Packet Pg. 485 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE PL20200000537 – 164 San Salvador St Page 7 of 8
December 16, 2020
Boathouse Criteria:
1. Minimum side setback requirement: Fifteen Feet.
Criterion met: As per the submitted site plan, the boathouse will not exceed mandatory
side yard/riparian setback requirements.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway
beyond the maximum protrusion and/or side setbacks.
Criterion met: Subject to approval of the subject Boat Dock Extension, the maximum
protrusion will be extended to 36-feet as measured from the property line; the waterway
width is between 116 and 187 feet. At the 36-foot protrusion mark, the dock facility
protrusion is approximately 19.25 percent of the waterway; at the 27 -foot mark the
protrusion is 23.28 percent of the waterway.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
Criterion met: The proposed height is 15 feet from the top of the dock to the peak of roof.
4. Maximum number of boathouses or covered structures per site: One.
Criterion met. Only one boathouse is to be built on this property.
5. All boathouses and covered structures shall be completely open on all 4 sides.
Criterion met. The boathouse will be open on all four sides.
6. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond “chickee” style. A single-family
dwelling unit must be constructed on the subject lot prior to, or simultaneously with,
the construction of any boathouse or covered dock structure.
Criterion met. The roofing material and color of the proposed boathouse will match that
of the existing single-family residence serving as the principal structure at this location.
7. The boathouse or covered structure must be so located as to minimize the impact on
the view of the adjacent neighbors to the greatest extent practical.
Criterion met. The proposed boathouse is to replace that already existing on the site; there
should be no greater visual obstruction than that which already exists. The boathouse is
being constructed within the required side yard/riparian setbacks.
With respect to the BDE review, staff analysis finds that the petition satisfies four of the five
Primary Criteria and four of the six Secondary Criteria with the sixth criterion being not applicable.
3.B.a
Packet Pg. 486 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE PL20200000537 – 164 San Salvador St Page 8 of 8
December 16, 2020
With respect to the Boathouse element of this project, the petition satisfies all seven of the required
criteria.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner, or adversely affected property owner, may appeal such final action to the
Board of County Commissioners. Such appeal shall be filed with the Growth Management
Department Administrator within 30 days of the Decision by the Hearing Examiner. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that
he/she proceeds with construction at his/her own risk during this 30-day period. Any construction
work completed ahead of the approval shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner approve Petition BDE-
PL20200000537 in accordance with the site plans contained within Attachment A and further
identified as sheet numbers 03 (Proposed Dock), 04 (Cross Section AA), and 05 (Cross Section
BB) of 08.
Attachments:
A. Staff Exhibits – Proposed Plans, Sketch of Survey, and Sign Posting
B. Applicant’s Backup, including Application and Supporting Documents
3.B.a
Packet Pg. 487 Attachment: BDE-PL20200000537 - 164 San Salvador St - Staff Report 121620 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.979267<> LONGITUDE:W 81.727477SITE ADDRESS:<> 164 SAN SALVADOR STNAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg LOCATION 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STLOCATION MAP51RMJ---07-16-2009-28-20---NPNP---PAGES 02-04ADDED PAGE 05, REV. PAGE 04---01 OF 08NESWCOLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896KEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.bPacket Pg. 488Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
NESW0204080SCALE IN FEETSITE ADDRESS:,164 SAN SALVADOR STNAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg EX AERIAL 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STEXISTING AERIAL51----07-16-20----NP----REVISED NOTES----02 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'570124'RIPARIANLINERIPARIANLINERIPRAPMHWL ALONGRIPRAPADJACENTBOATHOUSEADJACENTWOOD DOCKEXISTINGSEAWALLEXISTINGBOATHOUSEEXISTINGWOOD DECKTO BEREMOVEDPROPERTYBOUNDARY3.B.bPacket Pg. 489Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg 10/6/2020NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg PRO AERIAL 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STPROPOSED DOCK51RMJ---07-16-2009-28-20---NPNP---ADDED BOT & REV NOTESADDED NOTES---03 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'570124'93093036'RIPARIANLINERIPARIANLINEEXISTINGSEAWALLPROPOSED FIXEDFINGER PIERPROPERTYBOUNDARY27
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3.B.bPacket Pg. 490Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
0 3 510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SECTION 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STCROSS SECTION AA51RMJ---07-16-2009-28-20---NPNP---ADDED DIMENSIONSADDED BOAT---04 OF 08-4.1 x-5.6 xx
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TO DRAFT
A MAX. OF
30"3.B.bPacket Pg. 491Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
0 3 510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SECTION (2) 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JWMRMJ09-28-2019114.00-3226BLOCKER - 164 SAN SALVADOR STCROSS SECTION BB51-------------------05 OF 08PROPOSEDBOAT LIFTSPROPOSEDFIXED DOCKMHW = +0.42' NAVD 88MLW = -1.63' NAVD 88PROPOSED ROOF (15'FROM TOP OF SEAWALL)30'BOATHOUSE TOCONSIST OF A SINGLESTRUCTUREPROPOSEDFIXED DOCK12'12'3'3'24'ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATEVESSEL
TO DRAFT
A MAX. OF
30"
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A MAX. OF
24"3.B.bPacket Pg. 492Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SUBMERGED 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STSUBMERGED RESOURCE SURVEY51-------------------06 OF 08TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200FT OF THEPROPOSED PROJECT.1
0
'
2
0
0
'200'PROPERTY BOUNDARY3.B.bPacket Pg. 493Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
NESW0 30 60120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg ADJ DOCK 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STADJACENT DOCKS51-------------------07 OF 08PROPERTY BOUNDARY36'
2
2
'
28
'
2
3
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7'12'20'18'
27
'
19'19'16'19'27
'
1
2
4
'
15
5
'20'3.B.bPacket Pg. 494Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg ST 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STST OVERLAY51-------------------08 OF 08ST OVERLAYPROPERTY BOUNDARYST OVERLAY3.B.bPacket Pg. 495Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador
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Packet Pg. 496 Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3.B.bPacket Pg. 497Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3.B.bPacket Pg. 498Attachment: Attachment A - Plans, Survey, Posting (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BLOCKER DOCK
164 SAN SALVADOR ST.
NAPLES, FL 34113
BDE APPLICATION
Back-up Package
PL20200000537
December 2020
PREPARED BY:
3.B.c
Packet Pg. 499 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
-BDl' ?Lzozoao{3f
/ t+ .3e--. Sa.,'aL..>,.- (t-
B. Backup provided by Applicant:
PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBEO BETOW. DO NOT PROVIDE DUPTICATES OI ANY
DOCUMENTS. PROVIDE ONTY THE TATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPUCANT tS tN DTSARRAY-MEAN|NG tT tS NOT tN THE pROpER ORDER AND/OR THE
APPLICANT PROVIDES MUTTIPTE DUPTICATES.THE APPTICANT COULD TOSE ITS HEARING DATE.
e,' Application, to include but not limited to the following:
__al Narrative of request
L.''- Prcperty I nformation
../ ?roperty Ownership Disclosure Form
"/ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
-
Disclosure of Property Ownership lnterest (if there is additional documentation aside from
disclosure form)
r Affidavit of Lfni{ie+€eat+st P.-n, o"..-.+:-, )
_ Affidavit of Representation
./-Drawings (may include Cross-section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
nJ lk Nwtnformation (Sign in sheet, notes, minutes and transcript/or summary)
/ lnclude 3 thumbnail drives ofvideo and/or audio
Traffic lmpact Study (TlS)
L- Environmental Data
y'f y' Aistorical/ Archeological Survey or Waiver
y'/* utilitu t tt",
y' Deaanon ) ustif ications
4,
Revised 5/18/2018 Provide to Agents G\CDB PhnnirgServioes\CurcntvonirE Str htomatixrvob Aires or Help Guides
HEARING PACKAGE CHECKLIST
A. Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) orthe CollierCounty Planning Commission (CCPC). DO NOTACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE
SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION, PLEA5E CONFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPIICANT."
Planner resoonsible for providing the Counw Attornev-drafted Ordinance for PUDS and placing in backup
mateTials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PTAN IS THE FIRST ITEM AFTER THE
STAFF REPORTI
3.B.c
Packet Pg. 500 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
t 'Boundary Survey
/Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historicaldocuments, any "private or legal" agreements affectingthe PUD etc.
u/Submerged Resource Surveys may be included here if required.
-/ flash drive with onry all documents tu 2-o.(t,.
I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. lt is the agent's responsibility to ensure no documentation is left out.
Signatu re of Agent Representative Date
Printed Name of Signing Agent Representative
pdf file
Revised 5/18/2018 Provide to Agents G\@€S phnning Servi;es\GJr.rtvooing Sffi loformation\rob Aides or t-telp Guides
Nick Pearson
12/7/2020
3.B.c
Packet Pg. 501 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE Application
3.B.c
Packet Pg. 502 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 1 of 6
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: _________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
Name of Agent(s): ______________________________________________________________
Firm: _________________________________________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
PROPERTY LOCATION
Section/Township/Range: / / Property I.D. Number: __________________
Subdivision: _____________________________________Unit: Lot: Block:
Address/ General Location of Subject Property:
_____________________________________________________________________________
Current Zoning and Land use of Subject Property:
_____________________________________________________________________________
To be completed by staff
3.B.c
Packet Pg. 503 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 2 of 6
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
SITE INFORMATION
1. Waterway Width:
_______ ft. Measurement from plat survey visual estimate
other (specify)
2. Total Property Water Frontage:
_______ ft.
3. Setbacks:
Provided: _______ ft.
Required: _______ ft.
4. Total Protrusion of Proposed Facility into Water:
_______ ft.
5. Number and Length of Vessels to use Facility:
1. _______ ft.
2. _______ ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion into the waterway of each:
__________________________________________________________________________________
__________________________________________________________________________________
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? _______ Acres
3.B.c
Packet Pg. 504 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 3 of 6
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? Yes No If yes, please provide copies.
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner
will utilize the following criteria as a guide in the decision to approve or deny a particular Dock
Extension request. In order for the Hearing Examiner to approve the request, it must be
determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,
must be met. On separate sheets, please provide a narrative response to the listed criteria
and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to
the waterfront length, location, upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in
the case of unbridged barrier island docks, additional slips may be appropriate.)
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,
type, and draft as that described in the petitioner’s application is unable to launch or moor at mean
low tide (MLT). (The petitioner’s application and survey should show that the water depth is too
shallow to allow launch and mooring of the vessel (s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
3.B.c
Packet Pg. 505 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 4 of 6
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include type
of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination,
described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage.
(The applicable maximum percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view of
either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC
subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
3.B.c
Packet Pg. 506 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Property Ownership Disclosure Form 1
Signed and Sealed Survey 1
Chart of Site Waterway 1
Site Plan Illustration with the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
• Configuration, location, and dimensions of existing and proposed
facility;
• Water depth where proposed dock facility is to be located;
• Distance of navigable channel;
• Illustration of the contour of the property; and
• Illustration of dock facility from both an aerial and side view.
1
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Electronic copy of all required documents
*Please be advised: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
3.B.c
Packet Pg. 507 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3.B.cPacket Pg. 508Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Primary Criteria
3.B.c
Packet Pg. 509 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing
Examiner will utilize the following criteria as a guide in the decision to approve or deny a
particular Dock Extension request. In order for the Hearing Examiner to approve the request,
it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary
criteria, must be met. On separate sheets, please provide a narrative response to the listed
criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate
in relation to the waterfront length, location, upland land use, and zoning of the subject
property; consideration should be made of property on unbridged barrier islands, where
vessels are the primary means of transportation to and from the property. (The number
should be appropriate; typical, single-family use should be no more than two slips;
typical multi-family use should be one slip per dwelling unit; in the case of unbridged
barrier island docks, additional slips may be appropriate.)
The subject property is zoned for a single-family residential unit which warrants no
more than 2 slips per the CC-LDC. The proposed project consists of replacing the
existing dock with a 2-lift docking facility. This criteria is therefore satisfied.
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the
general length, type, and draft as that described in the petitioner’s application is unable
to launch or moor at mean low tide (MLT). (The petitioner’s application and survey
should show that the water depth is too shallow to allow launch and mooring of the
vessel (s) described without an extension.)
See attached survey/drawings illustrating the existing docking facility, proposed
docking facility, and proposed vessels.
The reason for the BDE is limited depths along the shoreline area inside the setbacks.
The blocker’s will be mooring 2 vessels at the proposed docking facility. The smaller
vessel (25’ total length) will draft a maximum of 24” while fully loaded with fuel,
gear, passengers, etc. The larger vessel (34’ total length) will draft a maximum of
approximately 30” while fully loaded.
Shore parallel mooring of the larger boat within the side setbacks is already not
possible as the vessel is itself 34’ long, which exceeds the space within the 15’ side
setbacks (30’). Additionally, at 10’ from the seawall, only 2.47’ of depth is available at
MLW, which is not sufficient for either of the applicant’s vessels. At 20’ from the
seawall, 3.97’ of depth is available at MLW, which is sufficient for both vessels. But,
in a shore parallel configuration, only one vessel would have access to such depths.
Because the side setbacks prevent angling the slips to any significant extent, shore-
perpendicular mooring as proposed is the most advantageous configuration with
regards to setbacks and water depths.
3.B.c
Packet Pg. 510 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3. Whether or not the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
The proposed docking facility, though not located within a marked or charted
navigation channel, does occur within the mouth of a man-made canal. The proposed
dock will therefore not affect navigation within any marked or charted navigation
channels. However, to ensure ample space remains for ingress and egress of
neighboring docking facilities within the canal, protrusion will be limited to no more
than 25% of the width of waterway (36’ from the face of the seawall). This will leave
between 97’ and 119’ for public navigability. This criteria is therefore satisfied.
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the
width of the waterway, and whether or not a minimum of 50 percent of the waterway
width between dock facilities on either side of the waterway is maintained for
navigability. (The facility should maintain the required percentages.)
The approximate waterway width fluctuates from 124’ to 155’ while the proposed
dock and boathouse protrusion fluctuates respectively from 27’ to 36’. The proposed
dock protrusion will therefore not exceed 25% of the width of waterway in any
location, which results in this criteria being satisfied.
5. Whether or not the proposed location and design of the dock facility is such that the
facility would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
The proposed docking facility will meet the required side yard setbacks of 15-feet and
will not interfere with any existing or future neighboring docking facilities. This
criteria is therefore satisfied.
3.B.c
Packet Pg. 511 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Secondary Criteria
3.B.c
Packet Pg. 512 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the
subject property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
The subject property has exactly 60 linear feet of shoreline. Therefore, the required
side setbacks are 15 feet from both of the property’s riparian lines, which leaves only
30’ of shore for shore-parallel mooring. The applicants’ larger vessel (total length of
34’) would therefore not fit in a shore parallel configuration at this location. The
applicants’ smaller vessel (total length of 25’) would just fit in a shore parallel
configuration. But because there are 2 vessels, mooring both vessels in a
perpendicular configuration to the shore is the only viable arrangement. This criteria
is therefore satisfied.
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The proposed docking facility will cover only approximately 933 square feet of over
water structure, which would qualify as an exempt dock per the state’s criteria and is
the minimum size to service the applicant’s privately owned vessels. This criteria is
therefore satisfied.
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in
combination, described by the petitioner exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The length of both vessels together do exceed 50% of the property’s shoreline. This
criteria is therefore not satisfied.
4. Whether or not the proposed facility would have a major impact on the waterfront view
of neighboring waterfront property owners. (The facility should not have a major impact
on the view of either property owner.)
The existing docking facility already contains a boathouse. The proposed docking
facility would provide a larger docking facility within the confines of the applicant’s
side setbacks and riparian lines. The project should not have an impact on the views
of neighboring property owners. This criteria is therefore satisfied.
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If
seagrass beds are present, compliance with LDC subsection 5.03.06 I must be
demonstrated.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure. This criteria is therefore satisfied.
3.B.c
Packet Pg. 513 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
6. Whether or not the proposed dock facility is subject to the manatee protection
requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection
5.03.06.E.11 must be demonstrated.)
The proposed work is a single-family dock facility and therefore not subject to
Manatee Protection Requirements. This criteria is therefore satisfied.
3.B.c
Packet Pg. 514 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Boathouse Criteria
3.B.c
Packet Pg. 515 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Boathouse Criteria Chapter 5.03.06 F. 1.-7.
Standards for boathouses. Boathouses, including any roofed structure built on a dock, shall be
reviewed by the Planning Commission according to the following criteria, all of which must
be met in order for the Planning Commission to approve the request:
1. Minimum side setback requirement: Fifteen feet.
The minimum side setbacks for this property will be maintained. This criteria is therefore
met.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the
waterway beyond the maximum protrusion and/or side setbacks.
The proposed docking facility will not exceed 25% of the width of waterway. The protrusion
does however exceed 20’. We are seeking approval for this through the BDE petition. This
criteria is therefore met pending approval of the BDE petition.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
The boathouse will not exceed 15’ in height . This criteria is therefore met.
4. Maximum number of boathouses or covered structures per site: One.
The proposed structure will be the only boathouse on the site. This criteria is therefore met.
5. All boathouses and covered structures shall be completely open on all 4 sides.
The proposed boathouse will be open on all 4 sides. This criteria is therefore met.
6. Roofing material and roof color shall be the same as materials and colors used on
the principal structure or may be of a palm frond "chickee" style. A single-family
dwelling unit must be constructed on the subject lot prior to, or simultaneously
with, the construction of any boathouse or covered dock structure.
A single-family residence currently exists on the site. The roof of the boathouse will match
the materials and color of the principal structure. This criteria is therefore met.
7. The boathouse or covered structure must be so located as to minimize the impact on
the view of the adjacent neighbors to the greatest extent practical.
The boathouse cannot be relocated due to side setback restrictions. However, a boathouse
already exists on the site (which will be removed). Therefore, the views of neighbors will not
incur any additional impacts. This criteria is therefore met.
3.B.c
Packet Pg. 516 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Property Information
3.B.c
Packet Pg. 517 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3.B.c
Packet Pg. 518 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
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Packet Pg. 519 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3.B.c
Packet Pg. 520 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
3.B.c
Packet Pg. 521 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Property Ownership Disclosure Form
3.B.c
Packet Pg. 522 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
3.B.c
Packet Pg. 523 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
3.B.c
Packet Pg. 524 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
3.B.c
Packet Pg. 525 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Property Deed
3.B.c
Packet Pg. 526 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
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Packet Pg. 527 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
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Packet Pg. 528 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
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Packet Pg. 529 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Addressing Checklist
3.B.c
Packet Pg. 530 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
S32 T51 R26
(Not approved at this time.)
3.B.c
Packet Pg. 531 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED 2
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
52397120007
05/04/2020
3.B.c
Packet Pg. 532 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Affidavit of Representation
3.B.c
Packet Pg. 533 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
PL20200000537Curtis Blocker3.B.cPacket Pg. 534Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
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Packet Pg. 535 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE Drawings / Exhibits
3.B.c
Packet Pg. 536 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.979267<> LONGITUDE:W 81.727477SITE ADDRESS:<> 164 SAN SALVADOR STNAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg LOCATION 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STLOCATION MAP51RMJ---07-16-2009-28-20---NPNP---PAGES 02-04ADDED PAGE 05, REV. PAGE 04---01 OF 08NESWCOLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896KEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.cPacket Pg. 537Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW0204080SCALE IN FEETSITE ADDRESS:,164 SAN SALVADOR STNAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg EX AERIAL 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STEXISTING AERIAL51----07-16-20----NP----REVISED NOTES----02 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'570124'RIPARIANLINERIPARIANLINERIPRAPMHWL ALONGRIPRAPADJACENTBOATHOUSEADJACENTWOOD DOCKEXISTINGSEAWALLEXISTINGBOATHOUSEEXISTINGWOOD DECKTO BEREMOVEDPROPERTYBOUNDARY3.B.cPacket Pg. 538Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg 10/6/2020NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg PRO AERIAL 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STPROPOSED DOCK51RMJ---07-16-2009-28-20---NPNP---ADDED BOT & REV NOTESADDED NOTES---03 OF 08·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'570124'93093036'RIPARIANLINERIPARIANLINEEXISTINGSEAWALLPROPOSED FIXEDFINGER PIERPROPERTYBOUNDARY27
'3'3
6
'
P
R
O
T
R
U
S
I
O
N3'12'12'PROPOSEDBOATLIFTS3
5
'PROPOSEDBOATHOUSE TOCONSIST OF SINGLESTRUCTUREAA0460'15'SETBACK15'SETBACKMOST RESTRICTIVEPOINT (SEAWALL,PROPERTY LINE, MHWL)BB0525
'
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34
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3.B.cPacket Pg. 539Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
0 3 510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SECTION 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00RMJ3226BLOCKER - 164 SAN SALVADOR STCROSS SECTION AA51RMJ---07-16-2009-28-20---NPNP---ADDED DIMENSIONSADDED BOAT---04 OF 08-4.1 x-5.6 xx
-1
.5EXISTINGSEAWALLPROPOSEDBOAT LIFTPROPOSEDFIXED DOCKMHW = +0.42' NAVD 88MLW = -1.63' NAVD 8812.5'PROPOSEDROOF36'15' ROOF MATERIAL ANDCOLORS TO MATCHPRINCIPAL STRUCTUREALL PILES TO BE WRAPPEDFROM 12" ABOVE MHWL TO 6"BELOW SUBSTRATE34' VESSELVESSEL
TO DRAFT
A MAX. OF
30"3.B.cPacket Pg. 540Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
0 3 510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SECTION (2) 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JWMRMJ09-28-2019114.00-3226BLOCKER - 164 SAN SALVADOR STCROSS SECTION BB51-------------------05 OF 08PROPOSEDBOAT LIFTSPROPOSEDFIXED DOCKMHW = +0.42' NAVD 88MLW = -1.63' NAVD 88PROPOSED ROOF (15'FROM TOP OF SEAWALL)30'BOATHOUSE TOCONSIST OF A SINGLESTRUCTUREPROPOSEDFIXED DOCK12'12'3'3'24'ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATEVESSEL
TO DRAFT
A MAX. OF
30"
VESSEL
TO DRAFT
A MAX. OF
24"3.B.cPacket Pg. 541Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SUBMERGED 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STSUBMERGED RESOURCE SURVEY51-------------------06 OF 08TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200FT OF THEPROPOSED PROJECT.1
0
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2
0
0
'200'PROPERTY BOUNDARY3.B.cPacket Pg. 542Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW0 30 60120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg ADJ DOCK 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STADJACENT DOCKS51-------------------07 OF 08PROPERTY BOUNDARY36'
2
2
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28
'
2
3
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7'12'20'18'
27
'
19'19'16'19'27
'
1
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4
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15
5
'20'3.B.cPacket Pg. 543Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg ST 10/6/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STST OVERLAY51-------------------08 OF 08ST OVERLAYPROPERTY BOUNDARYST OVERLAY3.B.cPacket Pg. 544Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
Environmental Data
(See Submerged Resource Survey)
3.B.c
Packet Pg. 545 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Professional Survey
3.B.c
Packet Pg. 546 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
2CNO$GCEJ$NXF#NXC(NÄÄÄÄ
(CZ .$9GUV5VCVG4QCF1XKGFQ(NÄÄÄÄ
(CZ .$3.B.c
Packet Pg. 547 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Submerged Resource Survey
3.B.c
Packet Pg. 548 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 SAN SALVADOR ST.
NAPLES, FL 34113
FOLIO #52397120007
SUBMERGED RESOURCE SURVEY REPORT
SEPTEMBER 2019
PREPARED BY:
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Packet Pg. 549 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
Table of Contents
1 Introduction ....................................................................................................................................... 1
2 Objective ............................................................................................................................................. 2
3 Methodology ...................................................................................................................................... 3
4 Results ................................................................................................................................................. 4
5 Conclusion .......................................................................................................................................... 5
6 Photos .................................................................................................................................................. 6
3.B.c
Packet Pg. 550 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
1
1 Introduction
Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental services in
the form of a Submerged Resource Survey (SRS) at a property addressed as 164 San Salvador St.
in Naples, FL 34113 and that can be identified by folio #52397120007. This survey will provide
planning assistance to both the property owner and regulating agencies during any review
processes for the proposed project, which consists of constructing a private, recreational single-
family docking facility with two boatlifts.
The subject property consists of a 0.15-acre parcel that can be found on the east side of Isle of
Capri on a man-made canal that connects to Tarpon Bay and Big Marco Pass. The parcel currently
contains a single-family residence with a seawall and docking facility. The property is neighbored
to the northwest and southeast single-family residences, to the south by submerged bottomlands,
and to the north by San Salvador St., across which are additional single-family residences. Nearly
all surrounding lots contain docking facilities (with boatlifts) of similar size and function to that
which is proposed.
The SRS was conducted on September 26th, 2019 between approximately 11:30 and 12:30 p.m. Site
conditions consisted of mostly clear skies with a slight breeze. Water clarity was fair, allowing for
submerged visibility of roughly 3 to 4 feet. The ambient air temperature was approximately 85
degrees Fahrenheit and wind speeds averaged 5-10 mph out of the southwest. The average
ambient water temperature was approximately 78 degrees Fahrenheit. Low tide occurred prior
to the site visit at approximately 5:37 a.m. and reached approximately 1.1 ft. above the mean low
water mark. Hight tide was achieved during the site visit at approximately 12:23 p.m., reaching
approximately 2.8 feet above the mean low water mark. Low tide occurred again following the
site visit at approximately 6:20 p.m. and reach approximately 0.0 feet above the mean low water
mark.
3.B.c
Packet Pg. 551 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
2
2 Objective
The objective of the SRS was to identify and locate any existing submerged resources within
200 feet of the proposed docking facility expansion. Ordinarily, if seagrasses are present
within the vicinity of a project area, an analysis will be required regarding species, percent
coverage, and impacts projected by the proposed project. The presence of seagrasses may be
ample cause for re-configuration of the design for projects over surface waters in order to
minimize impacts. The general scope of work performed during a typical submerged resource
survey is summarized below:
• THA personnel will conduct a site visit and swim a series of transects within the
project site in order to verify the location of any submerged resources.
• THA personnel will identify submerged resources within the vicinity of the site and
produce an estimate of the percent coverage of any resources found.
• THA personnel will delineate the approximate limits of any submerged resources
observed via a handheld GPS device.
3.B.c
Packet Pg. 552 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
3
3 Methodology
THA biologists intentionally designed the methodology of the SRS to cover not only the entire
property shoreline for the proposed dock installation but also the area within 200 ft. of the
proposed site. The components utilized for this survey included:
• Reviewing aerial photography of the surveyed area.
• Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto
aerials.
• Physically swimming the transects, GPS locating the limits of any submerged
resources found, and determining the percent coverage within the area.
• Documenting and photographing all findings
The surveyed area was evaluated systematically by following the established transect lines
throughout the project site as shown on the attached exhibit. Neighboring properties, docking
facilities, and other landmarks provided reference markers which assisted in maintaining correct
positioning over each transect.
During this SRS, one THA staff member swam the transect lines using snorkel equipment while
a second remained on the shore taking notes and compiling findings on an aerial of the project
site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and
analyzed for percent coverage within the area via a half meter square quadrant.
3.B.c
Packet Pg. 553 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
4
4 Results
The substrate found within the surveyed area consists of silty muck with occasional shell debris,
rocks, and macroalgae. The substrate appeared consistent throughout the project site to the limits
of the survey area. Depths increased gradually with distance from the seawall of the project site
to the limits of the survey from approximately 5 to 12 feet.
No mangroves or other natural shoreline are present at the project site as the shoreline consists
of a vertical seawall supported by rip rap along the wall’s toe. During the submerged portion of
the survey, no seagrasses, oysters (besides scattered oyster debris found on the substrate), or other
resources were observed in any capacity. Accordingly, no impacts to submerged resources are
expected to occur as the result of the proposed project. A list of species observed during the SRS
can be seen below in Table 1.
Table 1: Observed species of wildlife and vegetation within the vicinity of the project site
Common Name Scientific Name
Common bottlenose dolphin Tursiops truncatus
Atlantic sheepshead Archosargus probatocephalus
Mangrove snapper Lutjanus griseus
Common snook Centropomus undecimalis
Red boring sponge Cliona celata
Eastern oyster Crassostrea virginica
Common barnacle Balanus spp.
Caulerpa Caulerpa spp.
3.B.c
Packet Pg. 554 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
5
5 Conclusion
The submerged resource survey was conducted and completed throughout a 200-foot radius
surrounding the project site and yielded no results besides scattered oysters present on the
seawall and riprap, which would not be affected by reconfiguration of the docking structures. No
mangroves, seagrasses or other resources were observed anywhere within the vicinity of the
project site. Accordingly, negative impacts to submerged resources are not expected as a result of
the proposed project.
3.B.c
Packet Pg. 555 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
6
6 Photos
Photo 1: View of seawall, dock, and uplands looking north west
Photo 2: View of sponges and macroalgae covering riprap at the project site
3.B.c
Packet Pg. 556 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
164 San Salvador St. (Folio #52397120007)
Submerged Resource Survey
September 2019
7
Photo 4: Typical view of bottomlands at project site
Photo 6: Typical consistency of substrate found within the vicinity of the project site
3.B.c
Packet Pg. 557 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.979267<> LONGITUDE:W 81.727477SITE ADDRESS:<> 164 SAN SALVADOR STNAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg LOCATION 10/28/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STLOCATION MAP51-------------------01 OF 07NESWCOLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896KEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.B.cPacket Pg. 558Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW0204080SCALE IN FEETSITE ADDRESS:,164 SAN SALVADOR STNAPLESFL34113Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg EX AERIAL 10/28/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STEXISTING AERIAL51-------------------02 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'570116RIPARIANLINERIPARIANLINERIPRAPMHWL ALONGRIPRAPADJACENTBOATHOUSEADJACENTWOOD DOCKEXISTINGSEAWALLEXISTINGCOVEREDBOAT LIFTEXISTINGWOOD DECKPROPERTYBOUNDARY3.B.cPacket Pg. 559Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg 10/28/2019NESW051020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg PRO AERIAL 10/28/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STPROPOSED DOCK51-------------------03 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'57011693393336'RIPARIANLINERIPARIANLINEEXISTINGSEAWALLPROPOSED FIXEDFINGER PIERPROPERTYBOUNDARY27
'3'3
6
'3'12'12'12'11'PROPOSEDBOATLIFTS1
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'PROPOSEDCOVEREDBOAT LIFTAA043.B.cPacket Pg. 560Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
0248SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SECTION 10/28/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STCROSS SECTION51-------------------04 OF 07-4.1 x-5.6 xx
-1
.5EXISTINGSEAWALLPROPOSEDBOAT LIFTPROPOSEDFIXED DOCKMHW = +0.42' NAVD 88MLW = -1.63' NAVD 8836'12.5'PROPOSEDROOF·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"LIS LAND SURVEYING, INC"07-23-19-1.63'+0.42'60'57011693393336'3.B.cPacket Pg. 561Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW02550100SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg SUBMERGED 10/28/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STSUBMERGED RESOURCE SURVEY51-------------------05 OF 07TYPICAL DIVE TRANSECTNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200FT OF THEPROPOSED PROJECT.1
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'200'PROPERTY BOUNDARY3.B.cPacket Pg. 562Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\19114.00 blocker-164 san salvador st\CAD\PERMIT-COUNTY\19114-BDE.dwg ADJ DOCK 10/28/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JWMRMJ10-01-1919114.00-3226BLOCKER - 164 SAN SALVADOR STADJACENT DOCKS51-------------------06 OF 07PROPERTY BOUNDARY3
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'3.B.cPacket Pg. 563Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE -
Pre-Application Meeting Notes
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Packet Pg. 582 Attachment: Attachment B - Backup with Application and Supporting Docs (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
BDE-PL20200000537
Curtis & Brenda Blocker
12/8/2020
3.B.d
Packet Pg. 583 Attachment: virtual hearing waiver12.8.2020 (14563 : PL20200000537 BDE - 164 San Salvador Street - Blocker)
01/14/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Item Summary: PETITION NO. VA PL20200000861 – Wawa Florida, LLC c/o Mr. Scott Gerard
requests a variance for the existing directory sign, pursuant to LDC Section 5.05.05.C.4.c.iii.e, to allow
electronic fuel pricing in place of an approved scroller gas pricing sign panel. The existing directory sign,
is located on the south side of Rattlesnake Hammock Road, approximately 600 feet east of the
intersection of Tamiami Trail East and Rattlesnake Hammock Road, on property consisting of 8.73+/-
acres in Section 19, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy
Finn, Principal Planner] Commissioner District 1
Meeting Date: 01/14/2021
Prepared by:
Title: – Zoning
Name: Tim Finn
12/28/2020 4:21 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/28/2020 4:21 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 01/04/2021 9:24 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/04/2021 5:35 PM
Zoning Ray Bellows Review Item Completed 01/04/2021 6:06 PM
Zoning Anita Jenkins Review Item Completed 01/05/2021 8:36 AM
Hearing Examiner Andrew Dickman Meeting Pending 01/14/2021 9:00 AM
3.C
Packet Pg. 584
SV-PL20200000861 – 4901 Rattlesnake Rd Page 1 of 6
December 28, 2020
MEMORANDUM
TO: COLLIER COUNTY HEARING EXAMINER
FROM: PLANNING & ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION
HEARING: JANUARY 14, 2021
SUBJECT: PETITION SV-PL20200000861, 4901 RATTLESNAKE HAMMOCK RD
______________________________________________________________________________
PROPERTY OWNER/APPLICANT/AGENT:
Owner: Naples South Realty Associates, LLC Applicant: WAWA Florida, LLC
300 Avenue of the Champions, Suite 140 7699 Golf Channel Dr
Palm Beach Gardens, FL 33418 Orlando, FL 32819
Agent: Douglas A. Lewis
Thompson Lewis Law Firm, PLLC
850 Park Shore Dr, Suite 201
Naples, FL 34103
REQUESTED ACTION:
The applicant requests a Variance per Section 5.05.05.C.4.c.iii.e of the LDC, which allows for
electronic fuel pricing signs to be allowed on directory signs only through a variance, PUD
deviation, or SRA deviation. This variance petition will allow electronic fuel pricing in place of
an approved scroller gas pricing sign panel.
GEOGRAPHIC LOCATION:
The existing directory sign, is located on the south side of Rattlesnake Hammock Road,
approximately 600 feet east of the intersection of Tamiami Trail East and Rattlesnake Hammock
Road, on property consisting of 8.73+/- acres in Section 19, Township 50 South, Range 26 East,
Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a General Commercial Zoning District (C-4). WAWA gas
station is currently in operation within the Naples South Plaza shopping center located at 4901
Tamiami Trail E. The applicant is requesting to modify an existing directory sign located on the
north end of Naples South Plaza to allow for LED/Digital gas pricing displays that will provide
WAWA gas station with signage along Rattlesnake Hammock Rd.
3.C.a
Packet Pg. 585 Attachment: Staff Report - 4901 Rattlesnake Hammock Rd Variance (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
SV-PL20200000861 – 4901 Rattlesnake Rd Page 2 of 6
December 28, 2020
3.C.aPacket Pg. 586Attachment: Staff Report - 4901 Rattlesnake Hammock Rd Variance (14552 : PL20200000861 4901
SV-PL20200000861 – 4901 Rattlesnake Rd Page 3 of 6
December 28, 2020
SURROUNDING LAND USE & ZONING:
North: Rattlesnake Hammock Rd (six-lane arterial), then developed with single and multi-
family residential with a current zoning designation of Residential Multi-Family-6
(RMF-6).
East: Developed commercial, Naples South Plaza, with a current zoning designation of C-
4, then to the east is developed with a church facility, St. Peter the Apostle Ministry
Center, with a current zoning designation of C-4
South: Developed commercial, Naples South Plaza, with a current zoning designation of C-
4, then to the south is developed with commercial, The Village Falls shopping center,
with a current zoning designation of C-4
West: Developed commercial, Naples South Plaza, with a current zoning designation of C-
4, then to the west is developed with commercial, Wells Fargo Bank, with a current
zoning designation of C-4
Source: Aerial Photo (Collier County Property Appraiser)
3.C.a
Packet Pg. 587 Attachment: Staff Report - 4901 Rattlesnake Hammock Rd Variance (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
SV-PL20200000861 – 4901 Rattlesnake Rd Page 4 of 6
December 28, 2020
Source: Street View – Google Earth
Source: Thomas Sign & Awning Co, Inc.
3.C.a
Packet Pg. 588 Attachment: Staff Report - 4901 Rattlesnake Hammock Rd Variance (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
SV-PL20200000861 – 4901 Rattlesnake Rd Page 5 of 6
December 28, 2020
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is designated Urban, Urban Commercial District, Urban Mixed Use Activity
Center Subdistrict #17, and Urban Mixed-Use District, Urban Coastal Fringe Subdistrict, and is within
the Coastal High Hazard Area as depicted on the Future Land Use Map of the Growth Management
Plan. The GMP does not address individual Variance requests but focuses on the larger issue of
the actual use.
Based upon the above analysis, Staff concludes that the proposed use for the subject site is
consistent with the Future Land Use Element, although the Variance request is not specifically
addressed.
STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08
B.1:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures
or buildings in the same district.
WAWA gas station is currently in operation within the Naples South Plaza shopping center
located along Tamiami Trail E along the southern portion of Naples South Plaza shopping
center. There is adequate signage for WAWA fronting Tamiami Trail E; however, there is
no signage along Rattlesnake Hammock Road. As such, special conditions and
circumstances do exist on the property regarding needed sign visibility of the WAWA gas
station along Rattlesnake Hammock Road. The request is to modify the existing directory
sign along Rattlesnake Hammock Road through LED signage which is part of WAWAs
standard sign program. LDC Section 5.05.05.C.4.c.iii.e will provide the needed relief
through granting of a variance to effectuate WAWAs sign program and providing the added
visibility along Rattlesnake Hammock Road.
b. That literal interpretation of the provisions of the sign code would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
The LDC does allow for electronic fuel pricing signs to be allowed on directory signs
through a variance per LDC Section 5.05.05.C.4.c.iii.e. Upon the granting of this variance
the applicant will have the added benefit of additional signage that is currently provided to
other tenants within the Naples South Plaza shopping center.
c. That the special conditions and circumstances which are peculiar to the land, structure
or building do not result from the actions of the applicant.
Currently, the WAWA gas station does not have any signage along Rattlesnake Hammock
Road which creates a hardship in regard to visibility and functionality and are not the actions
of the applicant. The applicant is proposing LED signage at this entrance along Rattlesnake
Hammock Rd for effective business identification, consumer safety, and convenience.
3.C.a
Packet Pg. 589 Attachment: Staff Report - 4901 Rattlesnake Hammock Rd Variance (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
SV-PL20200000861 – 4901 Rattlesnake Rd Page 6 of 6
December 28, 2020
d. That granting the Variance requested will not confer on the applicant any special
privilege that is denied by this sign code to other lands, structures or buildings in the
same zoning district.
No special privilege will be granted to the applicant, should the variance be granted. The
requested square footage will not increase the overall size, height, position of the existing
directory sign nor affect the neighboring properties or surrounding neighborhoods.
e. That the Variance granted is the minimum relief that will make possible the reasonable
use of the land, building or structure.
The request is the minimum possible variance needed to properly identify this location along
Rattlesnake Hammock Rd using the tenants standard sign program; thereby increasing
visibility and sign relief for the tenant. Considering the general character of the surrounding
properties which is office and retail, the distance of the existing directory sign is situated
several hundred feet from neighboring commercial and residential properties.
f. That the granting of the Variance will be consistent with the general intent and purpose
of the Collier County Sign Code and the Growth Management Plan, and will not be
injurious to adjacent properties or otherwise detrimental to the public welfare.
Section 5.06.01.A. of the LDC states that the purpose and intent of the sign code is to provide
minimum control of signs necessary to promote the health, safety and general welfare of the
citizens of Collier County, Florida, by:
1. Lessening hazards to pedestrians and vehicular traffic;
2. Preserving property values;
3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the
county and lead to economic decline and blight;
4. Preventing signs from reaching such excessive size and numbers that they obscure one
another to the detriment of the county;
5 Assuring good and attractive design that will strengthen the county's appearance and
economic base, and;
6. Preserving the right of free speech and expression in the display of signs.
Staff concurs that the subject Variance request satisfies established criteria and is therefore
consistent with the general intent and purpose of the LDC and GMP.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner render a Decision to approve Petition
SV-PL20200000861 as to the variance from LDC Section 5.05.05.C.4.c.iii.e, as further described
herein.
Attachments:
A. Site Plan with Sign Plans with dimensions (SDP-PL20200000861)
B. Applicant’s Application and Backup Materials
3.C.a
Packet Pg. 590 Attachment: Staff Report - 4901 Rattlesnake Hammock Rd Variance (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
DATE:
DATE:
DATE:
Approved
Approval:
Approved as noted
Revise & Re-Submit
The designs, concepts, drawings and
specifications provided are the exclusive
property of Thomas Sign & Awning Company
and may not be reproduced in any way, shape
or fashion without the express written permission
of Thomas Sign & Awning Company
Page Sheet
of 3
Local: 727-573-7757
Fax: 727-573-0328
1 1
Project Updates:
X
CLIENT
TSA BB
Sales Associate:Project Team:
Designer:Date:
MBV 09.21.20
Design Number:
Installation Address:
Project Identity Number:
WAWA #5297
88276
4923 Tamiami Trail E
Naples, FL
80234
4590 118TH Avenue North
Clearwater, Florida 33762
SIGN & AWNING CO INC
WAWA #5297
Naples, FL
Site Plan with signage location - WAWA VARIANCE-PL20200000861; 4901 RATTLESNAKE HAMMOCK RD
SCALE: 120’ = 1”
LEGEND
B)EXISTING SHARED TENANT DIRECTORY SIGN PANEL
NOTE: SITE PLAN ADHERES TO 05.05.05 REGARDING
ELECTRONIC FUEL PRICING SIGNS
(42.09 )
B
Celebrating 50 Years of Quality Manufacturing and Ser vice 5050
NOTE
X
Scope of Work
X
Scale: ”=1’-0”X
Square Feet: X
F1
P1
E1
V1
0.96012H60W-PPS2772
TOTAL
WATTSVOLTS
HANLEY
TRANSFORMER
SECONDARY
110 VOLT INPUT
AMP.
INPUT
LED MODULES= 124
(
(
) 20 AMP-120 VOLT CIRCUIT REQUIRED - SIGN
) 20 AMP-120 VOLT CIRCUIT REQUIRED - PRICERS
1
1
1.8
ELECTRICAL SPECIFICATIONS
() 20 AMP-120 VOLT CIRCUIT REQUIRED - TOTAL2
3.C.b
Packet Pg. 591 Attachment: Attachment A - Site Plan with Sign Plans with dimensions (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
3M 3630-33 RED
(LET TER FACES)
3M 7725-13 TOMATO RED
(EMC BORDER & SURCHARGE NOTICE)
3M 7725-46 KELLY GREEN
(EMC BORDER)
3M 7725-57 OLYMPIC BLUE
(EMC BORDER)
3M 7725-10 WHITE
(FUEL GRADES)
3M 3630-129 TRANS BRONZE
PAINT TO MATCH PMS 7401C WITH
SATIN FINISH (PYLON STRUCTURE)
Color Reference
Proposed Condition
Scale: 1/8”=1’-0”
Existing Condition
NTS
Wawa Side B
NTS
4’-11”
0’-1 1/2”
0’-1 1/2”
0’-1 1/2”
1’-6”
1’-6”
3’-4 1/2”
EXISTING 10” X10”
SUPPORT
8’-3 1/2”
STREET SIDE
CABINET #2
CABINET #1
8’-6 1/4”
8’-6 1/4”
TENANT
TENANT
Retrofit Existing Sign - (2) New D/F Cabinets
Scope of Work
• 14” deep cabinet with flat routed aluminum faces.
• Wawa and Goose logo to be 3/4” acrylic push thrus with vinyl
applied first surface, internally illuminated LED Gas Pricers
Scale: 1/2”=1’-0”
Wawa Square Feet : 41.89
Tenant Square Feet : 28.75
Total Square Feet : 70.64
B
WAWA
TENANT
• 14” deep cabinet with flat acrylic panels faces separated by
T-Bars
• Internally Illuminated using energy efficient LEDs and power-
supplies.
1’-8”2'-3"
1’-8”2’-3”
1’-8”2’-3”
1'-1"
3'-8 1/4"
0'-8 1/8"
1’-1 1/4”
8’-3 1/2”
8’-6 1/4”
NEMA BOX
1’-2”
DATE:
DATE:
DATE:
Approved
Approval:
Approved as noted
Revise & Re-Submit
The designs, concepts, drawings and
specifications provided are the exclusive
property of Thomas Sign & Awning Company
and may not be reproduced in any way, shape
or fashion without the express written permission
of Thomas Sign & Awning Company
Page Sheet
of 3
Local: 727-573-7757
Fax: 727-573-0328
2 2
Project Updates:
X
CLIENT
TSA BB
Sales Associate:Project Team:
Designer:Date:
MBV 09.21.20
Design Number:
Installation Address:
Project Identity Number:
WAWA #5297
88276
4923 Tamiami Trail E
Naples, FL
80234
4590 118TH Avenue North
Clearwater, Florida 33762
SIGN & AWNING CO INC
WAWA #5297
Naples, FL
Celebrating 50 Years of Quality Manufacturing and Ser vice 5050
NOTE
X
Scope of Work
X
Scale: ”=1’-0”X
Square Feet: X
F1
P1
E1
V1
0.96012H60W-PPS2772
TOTAL
WATTSVOLTS
HANLEY
TRANSFORMER
SECONDARY
110 VOLT INPUT
AMP.
INPUT
LED MODULES= 124
(
(
) 20 AMP-120 VOLT CIRCUIT REQUIRED - SIGN
) 20 AMP-120 VOLT CIRCUIT REQUIRED - PRICERS
1
1
1.8
ELECTRICAL SPECIFICATIONS
() 20 AMP-120 VOLT CIRCUIT REQUIRED - TOTAL2
3.C.b
Packet Pg. 592 Attachment: Attachment A - Site Plan with Sign Plans with dimensions (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
Proposed Condition - Night ViewExisting Condition - Night View
NTSNTSBB DATE:
DATE:
DATE:
Approved
Approval:
Approved as noted
Revise & Re-Submit
The designs, concepts, drawings and
specifications provided are the exclusive
property of Thomas Sign & Awning Company
and may not be reproduced in any way, shape
or fashion without the express written permission
of Thomas Sign & Awning Company
Page Sheet
of 3
Local: 727-573-7757
Fax: 727-573-0328
3 3
Project Updates:
X
CLIENT
TSA BB
Sales Associate:Project Team:
Designer:Date:
MBV 09.21.20
Design Number:
Installation Address:
Project Identity Number:
WAWA #5297
88276
4923 Tamiami Trail E
Naples, FL
80234
4590 118TH Avenue North
Clearwater, Florida 33762
SIGN & AWNING CO INC
WAWA #5297
Naples, FL
Celebrating 50 Years of Quality Manufacturing and Ser vice 5050
NOTE
X
Scope of Work
X
Scale: ”=1’-0”X
Square Feet: X
F1
P1
E1
V1
0.96012H60W-PPS2772
TOTAL
WATTSVOLTS
HANLEY
TRANSFORMER
SECONDARY
110 VOLT INPUT
AMP.
INPUT
LED MODULES= 124
(
(
) 20 AMP-120 VOLT CIRCUIT REQUIRED - SIGN
) 20 AMP-120 VOLT CIRCUIT REQUIRED - PRICERS
1
1
1.8
ELECTRICAL SPECIFICATIONS
() 20 AMP-120 VOLT CIRCUIT REQUIRED - TOTAL2
3.C.b
Packet Pg. 593 Attachment: Attachment A - Site Plan with Sign Plans with dimensions (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
C.ounty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliereov,net
28OO NORTH HORSESHOE DRIVE
NAPLET FLORTDA 34104
(239) 2s2-240o FAX: (2391 2s2-63s8
SIGN VARIANCE PET]TION
IDC s€ction 5.05.08 & Code ot taws section 2-83 - 2-90
Chapter 3 L of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
To be completed by stoff
APPLICANT CONTACT INFORMATION
Name of Property Owner(s):Naples South Realty Associates, LLC
Name of Applicant if different than owner:Wawa Florida, LLC c/o Mr. Scott Gerard
Address:7699 Golf Channel Dr.Orlando state: FL ztP:
Telephone . (941)705-0545 Cell:Fax:
E-Mail Address: scott.h.gerard@wawa.com
Name of Agent . Douglas A. Lewis
Firm. Thompson Lewis Law Firm, PLLC
Address:850 Park Shore Dr, Ste 20ft Naples state: !-zrP' 34103
Fax. 239307-4839
City:
239-3't 6-3004 Cell:
E_Mail Address: Doug@tllfirm.com
PROPERTY INFORMATION
Provide a detailed legal description of the property covered by the application. lf space is
inadequate, attach description on a separate page.
Property l.D. fl:5515't440001 sectionfiownship/nange: 19 / 50 J'?:-
subdivision: Lely Golf Estates Unit: _Lot: _ Block: _
Metes & Bounds D6cription .See attached Exhibit "A"
Address of Sign Location:4901 Rattlesnake Hammock Road, Naples, Florida
Current Zoning:tand Use of Subject Parcel:gas station
03/77 /2077 Page 1 of 4
32819
Telephone:
c4
lf a wall sign, length & height of wall upon which the Sign will be secur"d, N/A
3.C.c
Packet Pg. 594 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
C.olunty
COI,IIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMEI{T
www.collierrov.net
28OO NORTH HORSESHOE DRIVE
NAPLES, FTORIDA 34104
(239) 2s2-2400 FAx: (2391 252-63s8
NATURE OF PETITION
2. Please note that staff shall be guided in their recommendation to the Hearint Examiner, and that the
Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the
below listed criteria (a-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached tothe
application, please address the following criteria:
a) That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the
same district.
b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district and would work unnecessary
and undue hardship on the applicant.
c) That the special conditions and circumstances which are peculiar to the land, structure or
building do not result from the actions of the applicant.
d) That granting the variance requested will not confer on the applicant any special privilege that is
denied by this sign code to other lands, structures or buildings in the same zoning district.
e) That the variance tranted is the minimum relief that will make possible the reasonable use of
the land, building or structure.
f) That the granting of the variance will be consistent with the general intent and purpose of the
Collier County Sign Code and the Growth Management Plan, and will not be injurious to
adjacent properties or otherwise detrimentalto the public welfare.
03/77/2077
Page 2 of 4
1. On a separate sheet attached to the application, provide a detailed explanation of the variance
request including what signs are €xisting and what is proposed; the amount of encroachment
proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.; why encroachment is necessary;
how existing encroachment came to be; etc.
3.C.c
Packet Pg. 595 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
CJfu, c-ouu w
COLLIER COUNTY.GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
28OO NORTH HORSESHOE DRIVE
NAPTEt FtORtDA 34104
12391252-24OO FAx: (2391 2s2-63s8
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Sign Variance
Chapter 3 L of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of
application submittal. At time of submittal, the checklist is to be completed and submitted with the application
packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section
lncomplete 5ubmittals will not be accepted.
ADDITIONAT REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
. Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
. Please contact the project manager to confirm the number of additional copies required.
FEE REQUIREMENTS:
x Pre-ApplicationMeeting:5500.00
x Sign Variance Petition: 52,000.00
x Estimated Legal Advertisint Fee for the Office of the Hearing Examiner: 51,125.00
Fire Code Plans Review Fees ore collected at the time ol application submission ond those fees ore set
Iorth by the Authority hoving jurisdiction. The Lond Development Code requires Neighborhood
Notificdtion moilers lor Applicotions heoded to heoring, ond this fee is collected prior to heoring.
floF
coPtEs REqUIRED
NOT
REQUIREDREQUIREMENTS FOR REVIEW
1 xCompleted Application (download current form from County website)tl1Pre Application meeting notes
IAffidavit of Authorization signed and notarized
1 aPropertv Ownership Disclosure Form
1Survey or Site Plan of Property
1Location Map depicting major streets in area for reference
XICompleted Addressins Checklist
1Once the first set of review comments ore posted, provide the assigned pro.lect
manager the Property Owner Advisory Letter and Certification
I
Electronic Copy of all documents and plans
* Please be advised: The office ofthe Hearing Examiner requires all materials
to be submitted electronically in PDF format.
IIII-II
03/ 17 /2Or7 Page 3 of4
E
lvavT
E
Z tr
3.C.c
Packet Pg. 596 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
ABent/Owner Signatu
Wawa Florida, LLC
Bv: fut e.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary
submittal information may result in the delay of processing this petition.
All checks payoble to: Boord oJ County Commissioners
The completed application, all required submittal materials, and fees shall be submitted to:
GroMh Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Thompson Lewis Law Firm, PLLC Naples, FL 34104
By:u,y'.6,/C.aozo
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
l2l9l2s2-24oo FAx: (239) 2s2-53s8
Date
ll,lt*ttrut
Applicant/Owner Name (please print)
0317712017 Page 4 of 4
3.C.c
Packet Pg. 597 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
Exhibit "A"
3.C.c
Packet Pg. 598 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
That cenain piece, parcel ofland situete, lyrng and being in the City ofNaples, County of
Collier, State of Florida, more panicularly descnH as follows:
Commcncing at thc Norlhwcstcrly comcr of Tnct M, Lcly Golf Estatcs as rccotdcd in Plat Book
E, Psge 20 of the Public Records ofCollier County, Florida, said comer also being the
intersection ofthe Eastcrly nght-of-wey line of U.S. 4l (SR 90) end thc Southerly right-of-way
line of S.R. t64: thence along thc SouttErly right-of-way line of S.R. E64, N5tr54'rm" E 243.36
feet; thence 3 I .6t feel along the arc of a circular concsve to tre Southcast, ndius 377.50 fect,
chord bearing N53" l8'54" E 3l .67 fcct for a place of begrnning; thencc 228.74 fect along a
contrnuation ofthc last prcscribed crrcular curvc, chord bcering N73t44l' E 225.26 fcetl thcttcc
SE9"33'50" E 396.54 feetr thence 50'26'10" w 533.0E feet; thcncc S50p53'4,0" W 450.00 feet to
the Easterly nght-of-way line of U.S. 4! l thence N39q06'20' W 500.00 feet: thence N5ff54'.10" E
175.0 feeti thence N39e06'20" w 100.00 feet: thence Ni(r54'40" E 100 feeti th€nce N39ru6'20"
w 148.67 feet to the place ofb€ginning, berng pan of said Tract M ofsaid Lely Golf Est.tes and
being subject to a 20 foot wide Flonda Power & Light Company eas.menl adjacenl to the
Easterly rightof-way line ofsaid U
tl
LESS THE FOLLOWINC
Commercing at the Nort comer of Tract M.f Estates. as recorded in Plat Book
t, Page 20 of the Public Coun Flori sat
inlerscction ofthe Ea li o I and
S.R. E64; thence rlonS N50'54'40' E 175.00 feet for
a placc of bcgrnning;, N50"54?0' E 68.36 feet:
thence 87.75 feet alon of st havrng a radius oi
177.50 fect chord be 2 5 th said rightof-wey 525"2 l'27"
E 86.66 feeti th€nce t9
radius of230.00 feet. c
thence 550"5440' W 7
along the arc of a !r to tlle West h.ving a
st4'lJ'57" E
4,t N39406'20'; to the phce ofbc8nnins
T,
LESS AND EXCEPT ANY P D IN OFFICIAL RECORDS
BOOK 2128, PAGE 2157
elso being the
ly nght-of-way lirc of
c
l
Fofm t (R.\ 6't9)21 rrilm-l
ttt 0R. 3390 PG: 2936 rlr
EXHTBIT .A'
586'53'37" W 28.72 Get:
3.C.c
Packet Pg. 599 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
COLLIER COUNTY
SIGN VARIANCE REQUEST
WAWA
NATURE OF PETITION
1. Our request involves modifying an existing directory sign located on the north end ofthe
property to allow for a LED vs. scroller gas pricing sign panel. A permit has already been
issued by the County for a gas pricing sign panel and related improvements using scrollers
pursuant to Permit #PRSG 2020031178201. The property is a multi-tenant parcel with the
Wawa store at the south entrance. The request is to be allowed to retrofit the existing
sign with a double-faced cabinet that will provide signage with LED/Digital gas price
displays. The addition of the new signage will provide Wawa with signage along SR-
864/Rattlesnake Hammock Rd. The existing directory sign has multi-tenant panels that
provides identification for other tenants in the shopping center. The requested retrofit of
LED gas price displays will be a revision to sign permit #PRSG2020031178201.
2, a) Special conditions and circumstances do exist on this property. We are requesting to
modify an existing directory sign. Our request is not to modify the location, height, or
overall size. We are requesting to add LED vs Scroller gas pricing for a tenant as part of
Wawa's sta nda rd sign program.
b) The general intent ofthe provisions ofthe sign code is to grant signs that are descriptive
in nature, proportional to their location and provide advertisement that will be beneficial
to the general public. Our request seeks to provide proper signage for the tenant, Wawa,
on an existing directory sign that is currently providing identification for other tenants
within the shopping center and which is already permitted to show gas pricing using
scrollers vs. LED.
c) The hardship we are attempting to address in our request is one of visibility and
functionality and is not the result of the actions of the applicant but is due to the strict
application and enforcement ofthe County sign code as it exists. The literal interpretation
of the provisions of the code would leave a project entrance without an aesthetically
pleasing sign needed for effective business identification and consumer safety and
convenience. Also, gas pricing scrofler signs are not as functionar as LED signage and are
less efficient to maintain.
d) No special privilege will be granted to the applicant, should the variance be granted.
3.C.c
Packet Pg. 600 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
NATURE OF PETITION - CONTINUED
The requested square footage will not increase the overall size, height, position of the
existing sign nor affect the neighboring properties or surrounding neighborhoods.
e) Our request is the minimum possible variance needed to properly identify this location
using the tenant's standard sign program. When you consider the general character of
the surrounding properties - office and retail-the distance of the existing directory sign
is situated several hundred feet from neighboring commercial and residential properties.
f) ln our proposal we are complying with the intent of the Collier County sign code with a
minimum request, in a position that is most suitable for greater visibility along wlth the
overall appearance ofthe location as this relates to surrounding properties. The intent of
the code is to allow signage that will advertise the business in such a way as to provide
the general public with safe access to the business and proper identification needed for
services. Allowing the existing directory sign to be retrofitted with digital gas price
displays vs. scroller gas pricing signage will not be injurious to the ad.lacent properties or
otherwise detrimental to public welfare.
3.C.c
Packet Pg. 601 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
C-aunty
28OO NORTH HORSESHOE DRIVE
NAPLES, FLOR|DA 34104
(239) 2s2-24o0 FAx: (239) 2s2-63s8
PROPERfi OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibillty of the
applicant, or agent on his behali to submit a supplemental disclosure of interest form.
Please complete the followin& use additional sheets if necessary.
a. lf 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
perce e of such interest:
Leased Limited Liability Company Managers Members
lf the property is ewned by a EgEegRABgN, list the e$iee+s and stee*helde++-and the
percenta e ef+teek owned by each:
lf the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
c
Name and Address % of Ownership
N/A
Name and Address % of Ownerchip
Name and Address
NiA
*eated 9178/2017 Page 1 of 3
COLTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT D€PARTMENT
www.collierrov,net
b.
% of Ownership
3.C.c
Packet Pg. 602 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
d. lf the property is in the name of a gENE&\t or LIMITED PARTNERSHIP. list the name of the
general and/or limited rtners
lf 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
C-ou7rty
COLI.IER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliertov.net
28OO NORTH HORSESHOE DRIVE
NAPLES, FTORIDA 34104
(239) 2s2-2tl{r0 FAX: (239} 2s2-6358
e
officers, stockholders, beneficiaries, or rtners
f. lf any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation artnersh i , or trust:
g. Date subject property acquired
!Leased: Term of lease years /months
lf, Petitioner has option to buy, indicate the following:
Name and Address % of Ownership
N/A
Name and Address % of Ownership
N/A
Name and Address
N/A
created 9 128120L7
Date of contract:
Page 2 of 3
3.C.c
Packet Pg. 603 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
Ao t Croun w
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
28OO NORTH HORSESHOE DRIVE
NAPI.ES, FLORIDA 34104
(239) 252-2400 FAx: (239) 252-6358
ao'/9.e,24
Date
Date of option:
Date option terminates: _, or
Anticipated closing date:
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such chanSe occurs prior to the petition's final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to
GroMh Mana8ement Department
ATTN: Business Center
2800 North Horseshoe Drive
wawa Florida, LLc NaPles' FL 34104
sv'\.--y'22..<' e &l-
Ag*Vo**. sig;"
-Eez, E. M,*+r^t
Agent/Owner Name (please print)
Created 9/281201.7 Page 3 of 3
AFFIRM PROPERTY OWNERSHIP INFORMATION
3.C.c
Packet Pg. 604 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations
Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must
be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. F orms older than 6 months will require additional review and approval by the Addressing
Department.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
T DR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1
SURVEY (copy - needed only for unplatted properties)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL # 2005-AR-8135
(Project Name not yet approved)
Parcel M 13.14 of 19-50-26
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Packet Pg. 605 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Department.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED 2
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
55151440001
7/16/2020
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Packet Pg. 606 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
EXHIBIT "A"
That certain piece, parcel of land situate, lying and being in the City of Naples, County of Collier, State of Florida, more particularly described as follows:
Commencing at the Northwesterly comer of Tract M, Lely Golf Estates as recorded in Plat Book 8, Page 20 of the Public Records of Collier County, Florida, said comer also being the intersection of the Easterly right-of-way line of U.S. 41 (SR 90) and the Southerly right-of-way line of S.R. 864; thence along the Southerly right-of-way line of S.R. 864, N50°54'40" E 243.36 feet; thence 31.68 feet along the arc of a circular concave to the Southeast, radius 3 77 .50 feet, chord bearing N53°18'54" E 31.67 feet for a place of beginning; thence 228.74 feet along a continuation of the last prescribed circular curve, chord bearing N73°04'4 l" E 225.26 feet; thence S89°33'50" E 396.54 feet; thence S0°26'10" W 533.08 feet; thence S50°53'40" W 450.00 feet to the Easterly right-of-way line of U.S. 41; thence N39°06'20" W 500.00 feet; thence N50°54'40" E 175.0 feet; thence N39°06'20" W 100.00 feet; thence N50°54'40" E 100 feet; thence N39°06'20" W 148.67 feet to the place of beginning, being part of said Tract M of said Lely Golf Estates and being subject to a 20 foot wide Florida Power & Light Company easement adjacent to the Easterly right-of-way line of said U .s ..... 4J--·-····"·•··· ..•. • ('''', ... . ..• ,,,.,,,.r"' i!f' '\ '"' '"�,. ,,.,•" ,'c,,/ \_,J' I l'l >"" LESS THE FOLLOWING _.,.., ············-··········· iC.1 it ••.. ·, '"" : _./"":" ,,,,,,,/ .. .,,.""� .. ,.,.""'·"'�, V ,,+>') t,, Commencing at the North\\"e( , omer of Tract M, t�yl6o1J Estates, as recorded in Plat Book 8, Page 20 of the Public J(ecofd�.e.f.(;;'-Olli�r Countyi Florid" said\comer also being the intersection of the East�tly 7ght.lef1-w� '1tji�rt:r:s·:\� l and \tie S\)utherly right-of-way line of S.R. 864; thence along1\he �9�fY.,Jt��f� . . 8641 N50°54'40" E 175.00 feet for a place of beginning; t�encff c�ntittfi�� a'o"l! r..y lin°r:, N50°54'40_" E 68.3� feet: thence 87.75 feet along ��\\rc\o(.��m:utarj�r o tl\t�putheast haVtng a radms ot 377.50 feet chord bcar¥g:�rnar12��8'1·.ss· -�� then 1 \:,���said right-of-way S25_021'27" E 8�.66 :eet; thence 89.t�:t:�t al_ong the arc of a �lf-iplar1_cu��:!J?ncave to the West having aradrns ot 230.00 feet, ch��rmg Sl4°13'57" E 8't:1761te,,t;1JJ)911ce S86°53'37" W 28.72 feet; thence S50°54'40" w 74. r�:tet!�hencc N39°06'20" WJ58!-0C:lfeet; to the place of beginning. '\,r�.) ,�"''""""'-� ,,#✓''"_,,�,,"': '\'- /,,,,,/ LESS AND EXCEPT ANY P AAt .. �!191.rt������RDED IN OFFICIAL RECORDS BOOK 2128, PAGE 2167. -·-·-·-··-···········
Fonn E (Rev 6/89) 21 OS I 003
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Packet Pg. 607 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 613 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
3.C.cPacket Pg. 614Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake
3.C.cPacket Pg. 615Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake
3.C.cPacket Pg. 616Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake
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Packet Pg. 617 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 618 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 619 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 621 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 622 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 623 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 624 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 625 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 626 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 627 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 628 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 629 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 630 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 631 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 632 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 633 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 634 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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Packet Pg. 635 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)Nades Soulh Pla:a Srgn Varance Applicaton
l, Bnan A. Schaller (print name), as (title, if
applicable)Of wawa Florda LLc (company, lf applicable), swear or affirm
under oath, that I am the (choose one) owner applicant Elcontract purchaser and that:
1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;2. All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;3. I have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of investigating and evaluating the request made through this application; and that4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. We/l aUthOriZe rhompson Le*s Law F(m, PLL0 to act as our/my representative
in any mafters regarding this petition including 1 through 2 above.
*Nofes:
. lf the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.
. lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should
typically be signed by the Company's "Managing Member."
. lf the applicant is a paftnership, then typically a partner can sign on behalf of the partnership.
. lf the applicant is a limited padnership, then the general painer must sign and be identified as the "general
partner" of the named paftnership.
. lf the applicant is a trust, then they must include the truslee's name and the words "as trustee".. ln each instance, first determine the applicant's stalus, e.9., individual, corporate, trust, paftnership, and then
use the appropriate format for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
the facts
Wawa Fl
B
da. LLC.\A.i A
stated in it are true
ofl
Signa re
STATE OF
COUNTY OffiOkblER rr. l.{..rs <-
as identification
Notary Signatu
Cqmsrrealth of Peonsylvania - Notary 5€3
I(ARO C. HARDY, Notary Rbli.
Delarvare Couoty
y Comrnilsho Erplt€r SeBember 19, 2021
Co.rmtttloo Nu er 10667'{7
oo'/e..?oao
Date
ical presence or Ionline notarization this
&aEnl
The-foregoing instrument was acknowleged before me by means of fiphys
-l$Oay of & uf- , 201, by (printed name of owner or qualifier)
cP\0E-coA-00 5\155
REV 3/4/2020
Such person(s) Notary Public must check applicable box:
$ Are personally known to me
fl Has produced a current drivers license
E Has produced
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Packet Pg. 636 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
JOB ADDRESS: 4901 Raulcsnake Hammock RD, Naplcs
JOB DESCRIPTION: NAPLES SOT TH PLAZA DIRECTORY StcN - 4901
Ranlcsrnlc Hanrnock RD
PERMIT * PRSG202003I l7t20tISSUED: 8Y:MASTER#: gQA.
SUBDIVISION #;
FLOOD MAP:
FOLIO#:55151440001
OWNER INFORMATION:
NAPLES SOUTH REALTY ASSOC tIC %
AMERICAN COMRC REALTY CORP STE I4O
3OO AVENI,,E OF THE CHAMPIONS
sTE 140
PALM BEACH GARDE, TL 33418
FCC CODE:
CONSTRUCTION CODE: 0220
JOB VALUE: 537,917.00
SETBACKS TRONT:
SHE&
CONTACT NAME:
CONTACT PHONET
RI]AR:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONENS
PERMIT
PERMIT TYPE: SF
APPLIED DATE: 03-23-20
JOB PIIONET
BLOCK:ZONE ELEVATJoN:
SECTTON-TOWNSHIP-RANGE: t9.50.26
APPROVAL DATE: 04-24-20
CLEARWATER, FL 34622
PI,IOM:
TOTAI RES SOFI: 0 TOTAL COMM SOFT: 0
RICTIT:I"EEI,
WATER:
Pct colli.t Courty Ginrrrco No. 2002{1, r. il ary bo.a!.nd.4 .ll $o.* mu.l cotuply with rll .pplicrbh I.w, eo&3, ordinllrcr, .ttd .ny.ddirionl
.tiPuLlions or condiliont of lhi! perEit. Thi! p.nnit .rpt r ifworl .u0tori2cd by dc p..mn i. noieonrnoncca wi*i" sin 1c) mootht toltr ih. &tG ol
issuncc ofthe pcnnit. Addilidul fc.s for iili,lt to obtdn pcrniB prior to rh. cotED.nclm.nr of costnrcrin rney bo inporcd. paurirc(r) funlrr
un&Etrnda 0ul any contarlor (hat lnay bc onpblicd musr ba a liccorcd conarctoa rnd tirl tha rtruchtao nrrst aoi bo usci or occupicd uatil r
C.nif.crt! of Occup.ncy i3 isrucd.
NOTICE: PRIOR TO TIIE REI}IOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITTON OF A STRUCTURE, FEDERAL
AND STATE LA}VS REQUIRE TIIE PERMTTME GITHER TIIE OWNER OR CONIRACTOR) TO SUBIVTIT A NOTICE OF
THE INTENDED WORK TO ?EE STATE DEPARTIIIENT OT ENVIRONMENTAI, PROTECTION @EP). FOR IUORE
TNFORIIIATTON, CONTACT DEp AT (239) 344-5600.
I-ll rddltlo[ to lhc co,Ddltlonr ofthb pcrmla, tLcr€ mry be rddltloDrl rcltrlctlotrr .pplic.blc to lhl' property thet mry bc found lu
lhc publlc rccords olthls couolr, and thcrc mry be lddltloorl perrdtr requlred from other goverlmcnlal cntldes ruch r: water
mrtlrgcmetrl dlstrlctt, gttte.grlclct! or federtl rgcnclc..
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
CONTRACTOR INFORMATION:
THOMAS SICN & AWNINO CO., INC
4590 I l8TH AVE N
CERTIFICATE #: crrr
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Packet Pg. 637 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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DATE:
DATE:
DATE:
Approved
Approval:
Approved as noted
Revise & Re-Submit
The designs, concepts, drawings and
specifications provided are the exclusive
property of Thomas Sign & Awning Company
and may not be reproduced in any way, shape
or fashion without the express written permission
of Thomas Sign & Awning Company
Page Sheet
of 3
Local: 727-573-7757
Fax: 727-573-0328
1 1
Project Updates:
X
CLIENT
TSA BB
Sales Associate:Project Team:
Designer:Date:
MBV 09.21.20
Design Number:
Installation Address:
Project Identity Number:
WAWA #5297
88276
4923 Tamiami Trail E
Naples, FL
80234
4590 118TH Avenue North
Clearwater, Florida 33762
SIGN & AWNING CO INC
WAWA #5297
Naples, FL
Site Plan with signage location - WAWA VARIANCE-PL20200000861; 4901 RATTLESNAKE HAMMOCK RD
SCALE: 120’ = 1”
LEGEND
B)EXISTING SHARED TENANT DIRECTORY SIGN PANEL
NOTE: SITE PLAN ADHERES TO 05.05.05 REGARDING
ELECTRONIC FUEL PRICING SIGNS
(42.09 )
B
Celebrating 50 Years of Quality Manufacturing and Ser vice 5050
NOTE
X
Scope of Work
X
Scale: ”=1’-0”X
Square Feet: X
F1
P1
E1
V1
0.96012H60W-PPS2772
TOTAL
WATTSVOLTS
HANLEY
TRANSFORMER
SECONDARY
110 VOLT INPUT
AMP.
INPUT
LED MODULES= 124
(
(
) 20 AMP-120 VOLT CIRCUIT REQUIRED - SIGN
) 20 AMP-120 VOLT CIRCUIT REQUIRED - PRICERS
1
1
1.8
ELECTRICAL SPECIFICATIONS
() 20 AMP-120 VOLT CIRCUIT REQUIRED - TOTAL2
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Packet Pg. 643 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
3M 3630-33 RED
(LET TER FACES)
3M 7725-13 TOMATO RED
(EMC BORDER & SURCHARGE NOTICE)
3M 7725-46 KELLY GREEN
(EMC BORDER)
3M 7725-57 OLYMPIC BLUE
(EMC BORDER)
3M 7725-10 WHITE
(FUEL GRADES)
3M 3630-129 TRANS BRONZE
PAINT TO MATCH PMS 7401C WITH
SATIN FINISH (PYLON STRUCTURE)
Color Reference
Proposed Condition
Scale: 1/8”=1’-0”
Existing Condition
NTS
Wawa Side B
NTS
4’-11”
0’-1 1/2”
0’-1 1/2”
0’-1 1/2”
1’-6”
1’-6”
3’-4 1/2”
EXISTING 10” X10”
SUPPORT
8’-3 1/2”
STREET SIDE
CABINET #2
CABINET #1
8’-6 1/4”
8’-6 1/4”
TENANT
TENANT
Retrofit Existing Sign - (2) New D/F Cabinets
Scope of Work
• 14” deep cabinet with flat routed aluminum faces.
• Wawa and Goose logo to be 3/4” acrylic push thrus with vinyl
applied first surface, internally illuminated LED Gas Pricers
Scale: 1/2”=1’-0”
Wawa Square Feet : 41.89
Tenant Square Feet : 28.75
Total Square Feet : 70.64
B
WAWA
TENANT
• 14” deep cabinet with flat acrylic panels faces separated by
T-Bars
• Internally Illuminated using energy efficient LEDs and power-
supplies.
1’-8”2'-3"
1’-8”2’-3”
1’-8”2’-3”
1'-1"
3'-8 1/4"
0'-8 1/8"
1’-1 1/4”
8’-3 1/2”
8’-6 1/4”
NEMA BOX
1’-2”
DATE:
DATE:
DATE:
Approved
Approval:
Approved as noted
Revise & Re-Submit
The designs, concepts, drawings and
specifications provided are the exclusive
property of Thomas Sign & Awning Company
and may not be reproduced in any way, shape
or fashion without the express written permission
of Thomas Sign & Awning Company
Page Sheet
of 3
Local: 727-573-7757
Fax: 727-573-0328
2 2
Project Updates:
X
CLIENT
TSA BB
Sales Associate:Project Team:
Designer:Date:
MBV 09.21.20
Design Number:
Installation Address:
Project Identity Number:
WAWA #5297
88276
4923 Tamiami Trail E
Naples, FL
80234
4590 118TH Avenue North
Clearwater, Florida 33762
SIGN & AWNING CO INC
WAWA #5297
Naples, FL
Celebrating 50 Years of Quality Manufacturing and Ser vice 5050
NOTE
X
Scope of Work
X
Scale: ”=1’-0”X
Square Feet: X
F1
P1
E1
V1
0.96012H60W-PPS2772
TOTAL
WATTSVOLTS
HANLEY
TRANSFORMER
SECONDARY
110 VOLT INPUT
AMP.
INPUT
LED MODULES= 124
(
(
) 20 AMP-120 VOLT CIRCUIT REQUIRED - SIGN
) 20 AMP-120 VOLT CIRCUIT REQUIRED - PRICERS
1
1
1.8
ELECTRICAL SPECIFICATIONS
() 20 AMP-120 VOLT CIRCUIT REQUIRED - TOTAL2
3.C.c
Packet Pg. 644 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
Proposed Condition - Night ViewExisting Condition - Night View
NTSNTSBB DATE:
DATE:
DATE:
Approved
Approval:
Approved as noted
Revise & Re-Submit
The designs, concepts, drawings and
specifications provided are the exclusive
property of Thomas Sign & Awning Company
and may not be reproduced in any way, shape
or fashion without the express written permission
of Thomas Sign & Awning Company
Page Sheet
of 3
Local: 727-573-7757
Fax: 727-573-0328
3 3
Project Updates:
X
CLIENT
TSA BB
Sales Associate:Project Team:
Designer:Date:
MBV 09.21.20
Design Number:
Installation Address:
Project Identity Number:
WAWA #5297
88276
4923 Tamiami Trail E
Naples, FL
80234
4590 118TH Avenue North
Clearwater, Florida 33762
SIGN & AWNING CO INC
WAWA #5297
Naples, FL
Celebrating 50 Years of Quality Manufacturing and Ser vice 5050
NOTE
X
Scope of Work
X
Scale: ”=1’-0”X
Square Feet: X
F1
P1
E1
V1
0.96012H60W-PPS2772
TOTAL
WATTSVOLTS
HANLEY
TRANSFORMER
SECONDARY
110 VOLT INPUT
AMP.
INPUT
LED MODULES= 124
(
(
) 20 AMP-120 VOLT CIRCUIT REQUIRED - SIGN
) 20 AMP-120 VOLT CIRCUIT REQUIRED - PRICERS
1
1
1.8
ELECTRICAL SPECIFICATIONS
() 20 AMP-120 VOLT CIRCUIT REQUIRED - TOTAL2
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C-aunty
28OO NORTH HORSESHOE DRIVE
NAPLES, FLOR|DA 34104
(239) 2s2-24o0 FAx: (239) 2s2-63s8
PROPERfi OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibillty of the
applicant, or agent on his behali to submit a supplemental disclosure of interest form.
Please complete the followin& use additional sheets if necessary.
a. lf 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
perce e of such interest:
Leased Limited Liability Company Managers Members
lf the property is ewned by a EgEegRABgN, list the e$iee+s and stee*helde++-and the
percenta e ef+teek owned by each:
lf the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
c
Name and Address % of Ownership
N/A
Name and Address % of Ownerchip
Name and Address
NiA
*eated 9178/2017 Page 1 of 3
COLTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT D€PARTMENT
www.collierrov,net
b.
% of Ownership
3.C.c
Packet Pg. 721 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
d. lf the property is in the name of a gENE&\t or LIMITED PARTNERSHIP. list the name of the
general and/or limited rtners
lf 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
C-ou7rty
COLI.IER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliertov.net
28OO NORTH HORSESHOE DRIVE
NAPLES, FTORIDA 34104
(239) 2s2-2tl{r0 FAX: (239} 2s2-6358
e
officers, stockholders, beneficiaries, or rtners
f. lf any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation artnersh i , or trust:
g. Date subject property acquired
!Leased: Term of lease years /months
lf, Petitioner has option to buy, indicate the following:
Name and Address % of Ownership
N/A
Name and Address % of Ownership
N/A
Name and Address
N/A
created 9 128120L7
Date of contract:
Page 2 of 3
3.C.c
Packet Pg. 722 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
Ao t Croun w
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
28OO NORTH HORSESHOE DRIVE
NAPI.ES, FLORIDA 34104
(239) 252-2400 FAx: (239) 252-6358
ao'/9.e,24
Date
Date of option:
Date option terminates: _, or
Anticipated closing date:
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such chanSe occurs prior to the petition's final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to
GroMh Mana8ement Department
ATTN: Business Center
2800 North Horseshoe Drive
wawa Florida, LLc NaPles' FL 34104
sv'\.--y'22..<' e &l-
Ag*Vo**. sig;"
-Eez, E. M,*+r^t
Agent/Owner Name (please print)
Created 9/281201.7 Page 3 of 3
AFFIRM PROPERTY OWNERSHIP INFORMATION
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Packet Pg. 723 Attachment: Attachment B - Application-Backup Materials (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
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3.C.d
Packet Pg. 731 Attachment: Attachment C - Public Hearing Waiver (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
The
DANGEROUS
CURVE on
RATTLESNAKE
HAMMOCK
ROAD
3.C.e
Packet Pg. 732 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
Mark Hetzner
President of
THE BISCAYNE
CONDOMINIUM
BOARD OF DIRECTORS
3.C.e
Packet Pg. 733 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
I want to thank Michael Brownlee
And Mark Strain
For answering my questions and
responding to my emails in a
timely manner.
I also want to thank the Traffic Div. of the
Collier County Sheriffs office
Who – I think was responsible for
adding some signage to the area near
our parking lot.
3.C.e
Packet Pg. 734 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
The
DANGEROUS
Curve on
RATTLESNAKE
HAMMOCK
ROAD
3.C.e
Packet Pg. 735 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
Common sense is a flower that
does not grow in Everyone's Garden
3.C.e
Packet Pg. 736 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
Approximately 18 years ago, When Collier county was
widening the west end of Rattlesnake Hammock Road – the
county PURCHASED part of our Parking lot at Biscayne
Condominiums – making the road CLOSER to our property.
I have since been told – at that time – the county did not
have a Noise Mitigation Policy
And NO TRAFFIC STUDY WAS CONDUCTED AT
THAT TIME --- as it is ALWAYS DONE NOW.
JUST BECAUSE IT WAS NOT DONE AT THAT
TIME…..DOES NOT MEAN IT
SHOULD NOT HAVE BEEN DONE.
IF IT HAD BEEN DONE…..MANY OF OUR PROBLEMS
CREATED BY THIS NOW - HAZARDOUS AND
DANGEROUS PIECE OF COUNTY ROAD
WOULD NOT HAVE OCCURRED.
3.C.e
Packet Pg. 737 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
THERE HAVE BEEN THREE CRASHES INTO OUR PARKING LOT
DURING THE LAST 12 MONTHS and at LEAST 2 MORE BEFORE
THAT !
FEB 26, 2017
AUG 22, 2017
And
DEC 11. 2017
3.C.e
Packet Pg. 738 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
These photos are from the most recent
crash into our Parking Lot that Damaged
Multiple cars, a Dumpster, a bike rack,
several bicycles, a fence and a gate.
THIS ACCIDENT
HAPPENED
ON
DEC 11, 2017
3.C.e
Packet Pg. 739 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
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3.C.e
Packet Pg. 751 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
3.C.e
Packet Pg. 752 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
3.C.e
Packet Pg. 753 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
PLEASE USE YOUR COMMON SENSE AND THINK ABOUT 3
ACCIDENTS AT THE EXACT SAME SPOT – IN LESS THAN ONE
YEAR. THIS HAS RESULTED IN BODILY INJURY TO THE
DRIVERS AND LOTS AND LOTS OF PROPERTY DAMAGE TO
THE RESIDENTS OF BISCAYNE CONDOMINIUMS.
FEB 26, 2017
AUG 22, 2017
And
DEC 11. 2017
3.C.e
Packet Pg. 754 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
NEW
WAWA
STORE
____
This curve will continue to have more traffic when
the New WAWA store opens across the street at the
Naples South Shopping Center. A traffic study is
probably NOT NEEDED TO PROVE THAT !
3.C.e
Packet Pg. 755 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
AFTER NUMEROUS
PHONE CALLS
AND E-MAILS TO OFFICIALS
IN COLLIER COUNTY
AND THE TRAFFIC DIV. OF THE
COLLIER COUNTY SHERIFFS DEPT.
THIS WAS THE RESULT – WHICH
OCCURRED LAST DECEMBER :
3.C.e
Packet Pg. 756 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
For all our efforts – We
are thankful that 4 new
“ ARROW ” signs have
been installed along the
road next to our parking
lot.
3.C.e
Packet Pg. 757 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
WHILE WE ARE THANKFUL FOR THE NEW SIGNS --- PLEASE
ONCE AGAIN ….. USE YOUR COMMON SENSE
and I THINK YOU WILL AGREE THAT THIS :
3.C.e
Packet Pg. 758 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
IS NOT GOING TO
PREVENT……
THI
S !
THIS !
3.C.e
Packet Pg. 759 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
NOW – HERE ARE SOME
IDEAS
THAT HAVE BEEN
RECOMMENDED BY
THE BOARD OF
DIRECTORS AT
BISCAYNE
CONDOMINIUMS
3.C.e
Packet Pg. 760 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
A FEW YEARS AFTER
THIS PART OF RHR WAS
WIDENED…ANOTHER
ROAD PROJECT
TOOK PLACE AT THE OTHER
END OF RHR….
THEN A NOISE MITIGATION
STUDY WAS DONE.
THEN THE COUNTY BUILT
A WALL NEXT TO
SHADOWOOD VILLAS
3.C.e
Packet Pg. 761 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
hhhhhTHIS WALL
WAS BUIILT BY FO
WA
LL
WA
S
BUI
LT
BY
COL
LIE
R
CO
UNT
Y
AFT
ER
YOUR TEXT
HERE
This wall was built and paid for by
Collier County after they completed a Traffic
and Noise Mitigation study.
RATTLESNAKE HAMMOCK
ROAD
3.C.e
Packet Pg. 762 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
NEW
WAWA
STORE
____
WHY NOT DO THE SAME THING AT THIS END OF
RATTLESNAKE HAMMOCK ROAD ? AFTER ALL –
THERE WILL BE EVEN MORE TRAFFIC AFTER THE
NEW WA WA STORE IS COMPLETED NEXT YEAR.
I KNOW IT SOUNDS LIKE A BROKEN RECORD….BUT
I AM ASKING YOU AGAIN TO USE YOUR
COMMON SENSE.
3.C.e
Packet Pg. 763 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
OR UNTIL A WALL CAN
BE
BUILT… HOW ABOUT A
GUARD RAIL ?
CAN THERE BE
ANY QUESTION THAT
ONE IS
NEEDED HERE ?
3.C.e
Packet Pg. 764 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
LIKE THIS :
3.C.e
Packet Pg. 765 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
OR AT THE VERY LEAST..
DO A TRAFFIC OR SOUND
MITIGATION STUDY OF
THE AREA – WHICH
SHOULD HAVE BEEN
DONE YEARS AGO.
AT THE EXPENSE OF
COLLIER COUNTY.
3.C.e
Packet Pg. 766 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
Y
o
u
r
t
e
x
t
G
G
h
e
r
e
SINCE THIS CURRENT
ROAD HAZARD WAS
CREATED BY
COLLIER COUNTY….
YOU SHOULD
NOW BE RESPONSIBLE
FOR CORRECTING IT.
3.C.e
Packet Pg. 767 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
THANK YOU
FOR
YOUR TIME.
3.C.e
Packet Pg. 768 Attachment: Attachment D - Opposition Presentation - Mark Hetzner (14552 :
3.C.f
Packet Pg. 769 Attachment: Attachment E - Property Hearing Signs (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
3.C.f
Packet Pg. 770 Attachment: Attachment E - Property Hearing Signs (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
3.C.f
Packet Pg. 771 Attachment: Attachment E - Property Hearing Signs (14552 : PL20200000861 4901 Rattlesnake Hammock Rd (Sign Variance))
01/14/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.D
Item Summary: PETITION NO. CU PL20200001301 - CAT Radio Road Transfer Facility -
Request to amend an existing Conditional Use, Resolution No. 10-70, that authorized a Bus Transfer
Station as an Essential Services Government Facility pursuant to Land Development Code Section
2.01.03.G.1.e, within the Gallman Olds PUD zoning District, by expanding the use to allow the facility to
act as a transfer station and transit hub for regional transportat ion services, by removing condition 5 that
permitted the transfer station use and provided fixed-route restrictions, and by removing condition 6 that
restricted bus trips, on a ±10.04 acre property located approximately 1,000 feet west of the intersection of
Radio Road and Davis Boulevard in Section 3, Township 50 South, Range 26 East, Collier County,
Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 3
Meeting Date: 01/14/2021
Prepared by:
Title: Planner – Zoning
Name: John Kelly
12/22/2020 1:34 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/22/2020 1:34 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 12/22/2020 4:24 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 12/23/2020 3:50 PM
Zoning Ray Bellows Review Item Completed 12/29/2020 4:22 PM
Zoning Anita Jenkins Review Item Completed 12/30/2020 9:50 AM
Hearing Examiner Andrew Dickman Meeting Pending 01/14/2021 9:00 AM
3.D
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CU-PL20200001301, CAT Radio Rd Transfer Facility Page 1 of 9
December 18, 2020
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING: JANUARY 14, 2020
SUBJECT: CU-PL20200001301; CAT RADIO ROAD TRANSFER FACILITY
______________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner: Collier County Board of County Commissioners
Collier County Public Transit and Neighborhood Enhancement Department
Michelle Edwards-Arnold, Director
3299 Tamiami Trail East, Suite 103
Naples, FL 34112
Agent: Kenrick S. Gallander, AICP
RWA, Inc.
6610 Willow Park Dr, Suite 200
Naples, FL 34109
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application to amend an existing
Conditional Use (CU), Resolution NO. 10-70, that authorized a Bus Transfer Station as an
Essential Services Government Facility pursuant to Land Development Code Section
2.01.03.G.1.e, within the Bill Gallman Oldsmobile Dealership PUD zoning district, by expanding
the use to allow the facility to act as a transfer station and transit hub for regional transportation
services, by removing condition 5 that permitted the transfer station use and provided fixed-route
restrictions, and by removing condition 6 that restricted bus trips.
GEOGRAPHIC LOCATION:
The subject 10.04±-acre property is located approximately 1,000 feet west of the intersection of
Radio Road and Davis Boulevard in Section 3, Township 50 South, Range 26 East, Collier County,
Florida. (See location map on the following page)
3.D.a
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3.D.aPacket Pg. 774Attachment: CU-PL20200001301 CAT Radio Rd Staff Report 121820 (14561 : PL20200001301 CU - CAT
CU-PL20200001301, CAT Radio Rd Transfer Facility Page 3 of 9
December 18, 2020
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within the Bill Gallman Oldsmobile Dealership PUD, Ordinance
86-6, adopted by the Board of County Commissioners (BCC) on February 4, 1986. The BCC
subsequently adopted Resolution No. 10-70 on March 23, 2010, authorizing a Government
Facility, limited to a Bus Transfer Station pursuant to LDC Section 2.01.03.G.1.e, Essential
Services, as a Conditional Use. The site has since been developed in conjunction with the County’s
Site Development Plan (SDP) process by means of the following: SDP-2004-AR-5653, SDPA-
2007-AR-11842, and SDPA-PL20130000237. The petitioner now desires to remove conditions 5
and 6 and to expand the approved use by allowing the facility to act as a transit hub for regional
bus services. The proposed changes are to the operational characteristics of the facility only and
not to the physical site.
As per the existing CU Conditions of Approval, any expansion of the uses identified and approved,
or major changes to the approved plan, requires that the CU be re-evaluated by means of a new
CU application. Zoning Staff notes that this requirement does not mean that the existing use ceases
to exist, said requirement pertains only to the review criteria to be used to evaluate any proposed
amendment to the existing CU. The applicant has provided all such information that is required
for the evaluation of a Conditional Use; See Attachment C. Despite the requested CU Amendment,
the facility will continue to operate as a Government Facility: limited to a Collier County Collier
Area Transit (CAT) Transfer Station Facility. Additionally, condition 4 will not change; this
condition limits this CAT Transfer facility to that of a “secondary transfer site” which is further
defined within said condition.
The applicant states the proposed CU amendment helps to ensure that CAT will remain adaptable
and responsive to changing needs. Allowing more route flexibility and ensuring regional bus
service is available at this facility will help maintain the intent of transit to provide mobility options
and reduce personal automotive vehicular trips on the surrounding transportation network. More
effective and efficient transit service is known to remove personal vehicle trips, thus, alleviating
congestion impacts on the roadways. The effort to relocate and consolidate the complimentary
regional bus service from random commercial properties and potential stops within the public
right-of-way to this CAT Transfer facility provides a safer method and more appropriate facility
for riders and the regional bus service providers. Based on the TIS Memorandum, revised
September 28, 2020 and provided as part of the submittal, the proposed CU amendment will not
negatively impact the surrounding roadway network system. Additionally, a trip cap is not an
appropriate condition for the proposed CU application since CAT and regional bus services reduce
and remove trips associated with the personal automobile from the roadway network system. The
proposed CU amendment ensures consistency with County Transportation initiatives to promote
alternative modes of transportation to reduce traffic congestion, enhance mobility options, and to
improve bicycle and pedestrian safety.
-- Remainder of page left blank --
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December 18, 2020
SURROUNDING LAND USE & ZONING:
North: Radio Road (Right-of-Way) then two undeveloped properties under separate
ownership within a Commercial Convenience (C-2) Zoning District
East: An Extra Space Storage self-storage facility located within a General Commercial (C-
4) Zoning District
South: Davis Boulevard, then the preserve area of Cedar Hammock golf community with a
zoning designation of PUD; the Cedar Hammock Golf and Country Club PUD,
Ordinance No. 98-115, approved at a density of 1.09 units per acre
West: The Ibis Club at Naples, a multi-family residential project with a zoning designation
of Residential Multiple-Family-12 (RMF-12) with a density limitation of 8.9 units per
acre
Collier County - GIS
3.D.a
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December 18, 2020
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed this request and offered the following comments:
Future Land Use Element (FLUE): FLUE Land Use Designation is Urban Designation, Urban
Mixed Use District, Urban Residential Subdistrict. Urban designated areas will accommodate
residential and non-residential uses. The #1 nonresidential use listed in the FLUE is "essential
services as defined by the most recent Land Development Code."
The LDC does not specifically name public transportation/transit as Essential Services, however,
the LDC Section 2.01.03 1(e) does state, “Government facilities, including where not identified as
a permitted use in this section, safety service facilities such as including law enforcement, fire,
emergency medical services.” CAT provides transportation services to the public and is operated
by Collier County government through a Collier County contract, and the project site is owned by
Collier County, therefore operates as a government facility. And, the LDC defines Essential
Services as “services designed and operated to provide water, sewer, gas, telephone, electricity,
cable television or communications to the general public by providers which have been approved
and authorized according to laws having appropriate jurisdiction, and government facilities.”
Therefore, the proposed uses are consistent with the FLUE.
Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element
of the Growth Management Plan, which states,
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to
or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s significant
impacts on all roadways.”
According to the TIS provided with this petition dated September 28, 2020 the proposed CAT
Transfer Station on Radio Road will generate a projected +/- 30 PM Peak Hour, 2-way trips on the
3.D.a
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adjacent roadways which are Radio Road and Davis Boulevard. According to the current 2020
AUIR the Radio Road segment from Santa Barbara Boulevard to Davis Boulevard, link 71.0,
currently operates at a LOS of “B” with a remaining capacity of 980 trips based on a peak capacity-
peak direction service volume of 1,800 trips. The Davis Boulevard segment from Santa Barbara
Boulevard to Radio Road, link 16.1, currently operates at a LOS of “B” with a remaining capacity
of 968 trips based on a peak capacity-peak direction service volume of 3,300 trips. Staff notes that
all CAT facility especially those that have transfer operations remove trips from the overall
transportation network and therefore result in fewer net trips on our roadways both those adjacent
to the facility as well as the overall roadway network. Therefore, the subject Conditional Use is
be found consistent with Policy 5.1 of the Transportation Element of the Growth Management
Plan, and as noted above the Traffic Impact Statement (TIS) indicates that the adjacent roadway
network has sufficient capacity to accommodate this project within the 5-year planning period.
Transportation Review: Transportation Division staff has reviewed the petition request, the CU
document and Master Plan for right-of-way and access issues and is recommending approval.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site is 10.4 acres and consists of an existing Collier County Area Transit
Facility.
Environmental Review: Environmental Services staff has reviewed the conditional use petition to
address environmental concerns. The property has been historically cleared and maintained clear
of native vegetation required to be preserved; the property was cleared in accordance with PUD
Ordinance 86-06. The Master Plan does not show a preserve, since no minimum preservation is
required. There were no observed listed species on the property. This project does not require
Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of
land development project reviews as identified in Section 2-1193 of the Collier County Codes of
Laws and Ordinances.
Landscape Review: A new plan is not required for the requested changes; therefore, no landscape
review is required. The site must comply with the current Site Development Plan.
STAFF ANALYSIS:
When considering a Conditional Use petition, the Hearing Examiner must make findings that:
1) approval of the Conditional Use will not adversely affect the public interest and will not
adversely affect other property of uses in the same district of neighb orhood; and 2) all specific
requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have
been made concerning the following matters, where applicable:
1. Section 2.01.03.G.1.e of the LDC permits conditional uses in the PUD zoning district.
The requested use for an Essential Service, Government Facility, limited to a bus transfer
station is permitted as a Conditional Use in every zoning districted except the RFMU district
sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. Conditional
uses are subject to the standards and procedures established in section 10.08, conditional uses
procedures, of the LDC.
3.D.a
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December 18, 2020
2. Consistency with the Land Development Code and the Growth Management Plan.
Maintaining existing and providing for future transit/bus service flexibility ensures consistency
with Transportation Element Objective 12, which is to “Encourage the efficient use of transit
services now and in the future.”
The proposed project of providing for continued and further transit service opportunities is
consistent with FLUE Policy 3.2, which states that the LDC contains regulations to ensure the
availability of suitable lands for essential services.
The petition is consistent with FLUE Policy 5.5 which states:
Encourage the use of land presently designated for urban intensity uses before
designating other areas for urban intensity uses. This shall occur by planning for the
expansion of County owned and operated public facilities and services to existing
lands designated for urban intensity uses…
The subject site is already zoned for commercial uses.
The subject property is consistent with Policy 7.1 since in connects to Radio Road as well as
Davis Boulevard, both arterial roadways. Policy 7.3 indicates that “all new and existing
developments shall be encouraged to connect their local streets and/or interconnection points
with adjoining neighborhoods or other developments regardless of land use type.” The CAT
Transfer Facility is an existing development. There are no proposed changes to the existing
development, thus there is no opportunity under this petition to connect with either of the
adjoining developments to the east or west.
3. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Transportation Planning staff states that ingress and egress to the subject property will not be
changing from its current configuration, as shown on the master plan. Access points are
located on both Davis Boulevard and Radio Road. The TIS submitted by the applicant
indicates that the adjacent roadway network has sufficient capacity to accommodate this
project within the 5-year planning period as noted above and not adversely impact the
surrounding roadway network.
4. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
The proposed conditional use amendment is related to the existing government facility for the
CAT Transfer facility will not be generating any product, providing additional services, or alter
the hours the hours of operation that will generate noise beyond that which is existing that
would be deemed to adversely affect the public’s health, safety, or well-being. CAT has used
the subject property as a fully operational transit transfer facility for the last 5 years. There are
no proposed structural or site improvements that would affect current noise levels and alter the
3.D.a
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December 18, 2020
existing separation of the transit facility from the surrounding properties. The existing
buffering and screening will continue to provide benefits of reducing noise impacts that may
exist. Providing for the flexibility to have additional routes and regional service will not
generate additional noise that would be considered adverse or significant to neighboring
properties.
The proposed amendment will not produce any glare beyond that which may currently exist.
The subject property provides existing buffering and screening ensuring glare will not
negatively impact neighboring properties. With respect to noxious odors, none are known to
exist, the proposed expansion should not result in any increase.
The proposed flexibility of transportation service routes through the proposed elimination of
conditions limiting transit services should have a positive direct and indirect economic impact
on the local community. The added flexibility of providing transit services will improve the
overall CAT system’s level of service and provide safety and convenience for the community,
many of whom use transit to commute to their place of employment.
5. Compatibility with adjacent properties and other property in the district.
The existing CAT Transfer facility on the subject property was found to be compatible in 2010
under the approved CU; Resolution No. 10-70, see Attachment B. There has been no change
to the adjacent land uses other than the addition of the mini-storage facility to the immediate
east which was permitted through the allowance of a Growth Management Plan amendment
and Rezoning in 2016. The applicant states that since the CAT Transfer facility has been in
operation there are no known or documented complaints or concerns related to compatibility
with adjacent properties.
The proposed CU amendment will allow CAT to maintain a facility that will help promote and
enhance ridership experience; provide shelter, administration offices and bathroom facilities;
improve safety; and improve transit logistics functionality. The additional level of service
resulting from the ability to adjust the number of routes and adding limited regional bus service
helps improve the level of service provided to the community but will not impact the
compatibility with the adjacent multi-family residential and newer commercial uses developed
over the last several years.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of
the Collier County Codes of Laws and Ordinances.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a duly noticed NIM on October 15, 2020 at the Collier Area Transit
Facility Lobby, located at 8300 Radio Road, Naples, Florida. The meeting commenced at
approximately 5:30 p.m. In addition to the applicant’s team and representatives of CAT there were
four members of the public in personal attendance, together with another 11 that attended the via
Zoom; Zoning Services Staff was also present. At the beginning of the meeting Mr. Gallander
3.D.a
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December 18, 2020
introduced himself and ensured that those attending via Zoom could hear and see the meeting
online. Once confirmed, Mr. Gallander proceeded with explaining each element of the project.
After explaining that CAT desires to remove route and trip limitations, they’d also like to
incorporate the ability to use the facility as a transit hub for regional carriers. Mr. Gallander
explained that the regional carriers and CAT local services are complimentary as their clients tend
to use each other for their transportation needs. It was confirmed that the request does not include
any expansion of the facility, buildings, structures, or other site alterations. Upon conclusion of
the presentation the floor was opened to questions; please refer to Attachment D – NIM Summary.
At the conclusion of the meeting Mr. Galander responded to several additional questions from
Zoom participants. Mr. Gallander did commit that the number of CAT fixed routes to be served at
this CAT Transfer facility will be limited to the 40-percent cap contained within Condition #4 and
that regional carriers will only use the facility to pick up and drop off passengers; regional busses
will only use the interstate interchange for access. The NIM was adjourned at approximately 5:58
p.m.
In response to advertising of the NIM, Zoning Staff received two letters of objection prior to the
scheduled meeting. Zoning Staff received two letters of objection after the meeting was conducted,
one of which was from a pre-meeting objector, and a letter of support. All correspondence is
included in Attachment C.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU-
PL20200001301, to amend the Conditions of Approval contained within Resolution No. 10-70, as
set forth in Attachment A.
Attachments:
A) Conditions of Approval – Amended
B) Resolution No. 10-70 and Staff Report, CU-PL20090000405
C) Public Correspondence
D) Application/Backup Package including NIM Information and TIS Report
3.D.a
Packet Pg. 781 Attachment: CU-PL20200001301 CAT Radio Rd Staff Report 121820 (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
[20-CPS-02022/1590957/1]
CONDITIONS OF APPROVAL
Collier County CAT Transfer Station
CU-PL2009-405 CU-PL20200001301
1. The CAT Transfer Station shall be limited to that which is depicted on the conceptual site plan set,
identified as the "CAT Transfer Station Conditional Use" dated August 2009, prepared by Wilbur
Smith Associates. The site plan noted is conceptual in nature for Conditional Use approval. The final
design must be in compliance with all applicable federal, state and county laws and regulations; and
2. The Department of Zoning and Land Development Review Director may approve minor changes in
the location, siting, or height of buildings, structures, and improvements authorized by this
conditional use as well as all applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major changes
to the approved plan, shall require the submittal of a new conditional use application, and shall
comply with all applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site
Development Plan (SOP) review and approval; and
4. This CAT transfer station shall be limited in scope to a secondary transfer site. Any designation of
this site as Collier County's "major" (or similar designation) is prohibited. The terms Major and
Secondary transfer stations are defined as follows:
■ Major transfer facility:
• Handles most routes (between 60-75%)
• Supervised and publicly owned
• Off-road bus parking and circulation
• Park your car all day and ride transit
■ Secondary transfer facility:
• Handles multiple routes (25-40%)
• Supervised and publicly owned
• Off-road bus parking and circulation
• Drop off for passengers
5. This transfer station use shall be added to the existing uses permitted on site and shall allow the
addition of transfer activities for no more than four CAT fixed routes.
6. No more than ten, fixed route, at a p.m. peak hour, two-way, bus trips per hour to Radio Road can
be generated by this transfer station use.
5. There will be no onsite vehicle service or storage facilities for regional service providers.
7.6. The CAT Transfer Station may utilize Davis Boulevard to the extent that the Florida Department of
Transportation design allows the necessary turning movements and operation and safety allows or
warrants.
8.7. The driveway layout on Radio Road may be two, one-way pairs rather than one driveway opening.
Revised 3/23/10 per BCC action EXHIBIT C
Words underlined are added; words struck through are deleted.
3.D.b
Packet Pg. 782 Attachment: Attachment A - Amended Conditions of Approval (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
3.D.c
Packet Pg. 783 Attachment: Attachment B - Resolution 10-70 and Staff Report CU-PL20090000405 (14561 : PL20200001301 CU - CAT Radio Road Transfer
3.D.c
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K:\2019\190142.00.01 Radio Road CAT Transfer Station Cond. Use Amend\0004 Conditional Use App Support\Working Docs Submittal #2\01 2020-09-15_Narrative Statement FINAL.docx
NARRATIVE STATEMENT
CAT Radio Road Transfer Facility
Conditional Use (CU)
Background:
The subject property is located on a 10.04+/- acre parcel (Property ID No.: 00399360008) approximately 1,050
feet west of the Radio Road and Davis Blvd. intersection (See Figure 1.). The address for the property is 8300
Radio Rd., Naples, FL 34104, and the owner of the subject property is Collier County C/O Real Property
Management. The applicant for this petition is Public Transit & Neighborhood Enhancement - Collier Area Transit
(CAT).
Figure 1. Subject Property Location Map
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The Future Land Use Designation is Urban, Urban Mixed Use District, Urban Residential Subdistrict as provided on
the Future Land Use Map (FLUM) in the Future Land Use Element (FLUE) of the Growth management Plan (GMP).
The current zoning district is Bill Gallman Oldsmobile Dealership PUD (Ord. No. 86-6) with an existing Conditional
Use (CU) (CU-PL2009-405; Resolution No. 10-70) approved March 23, 2010, with conditions.
Development on the subject property commenced in 1986 under Collier County Permit #’s: 85-3707 and 85-3708
based on the Bill Gallman Oldsmobile Dealership Planned Unit Development (Ord. No. 86-06) for the construction
of an automobile dealership. This original development resulted in the initial site clearing of a significant portion
of the existing native vegetation as approved under the PUD conditions. Additional construction activity occurred
on the subject property over the last several decades. Please see the attached Exhibit A documenting the
historical progression of development of the subject property. Additionally, a review of the Topographic Aerial
and Clearing Plan (See attached Exhibit B) from the approved SDPA PL20130000237, confirms the existing
conditions of the property and no existing native vegetation remains on site. The subject property is currently
developed with the following use(s) based on the approved Conditional Use Res. No. 10-70 and the following
approved Site Development Plan applications (SDP-2004-AR-5653, SDPA 2007-AR-11842, and SDPA
PL20130000237):
• Government Facility: Limited to a Collier County Collier Area Transit (CAT) Transfer Station Facility
Request:
The subject property is currently used by Collier Area Transit (CAT) as a Transfer Station facility with specific
conditions outlined under the existing Conditional Use approval. Per Condition #3, any expansion of uses
identified and approved requires a new conditional use application. Additionally, the primary use is specifically
controlled by the following conditions as provided under Resolution No. 10-70:
• Condition #4: Limited to a Secondary Transfer Facility, which is defined as:
o Handles multiple routes (25-40%)
o Supervised and publicly owned
o Off-road bus parking and circulation
o Drop off for passengers
• Condition #5: Transfer activities for no more than four (4) CAT fixed routes
• Condition #6: No more than ten, fixed route, at a p.m. peak hour, two-way, bus trips per hour to Radio
Road can be generated.
Since the approval of the Conditional Use, CAT has continually evaluated its level of service and number of routes
throughout Collier County and the region. Maintaining and appropriately adjusting transit service when needed
remains a priority in Collier County as it is a significant component and complementary factor to the county’s
overall multi-modal transportation system. The CAT Transfer Station facility at Radio Road is a critical hub to
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keeping the system’s service going. Having route limitations as currently conditioned impedes programming
flexibility and does not support the continued success and benefits of transit to the community.
It is necessary to note that CAT is not seeking to amend the requirements of Condition #4 and will continue to
operate as a “Secondary Transfer Facility.” CAT currently provides 19 fixed routes throughout Collier County. As
a “Secondary Transfer Facility” and per Condition #4, this facility can handle up to 40% or 8 routes. The facility
will remain supervised and publicly owned; provide off-road bus parking and circulation; and only provide drop-
off for passengers.
“Essential services” are fundamentally defined under the Growth Management Plan (GMP) and Land
Development Code (LDC) as facilities and services necessary to promote and public health, safety, and welfare
and are not explicitly restricted to governmental or public entities. Commercial entities, such as power utilities,
communication companies (cable, internet, cell services), transportation services (tollway and transit providers)
also provide essential services to ensure the public’s health, safety, and welfare needs are met. Transit providers,
such as CAT, often contract with a commercial provider to support necessary operational and management
functions of their systems.
The transportation service systems, inclusive of local and regional transit bus systems, are an essential service and
a critical component to offering diverse mobility options to the Collier County community. County staff is aware
of the lack of proper facilities for regional bus services in Collier County. The regional Greyhound “stop”/facility
is co-located at 8901 Davis Blvd (Marathon Gas Station) and the other regional carrier, Red Coach, uses the
McDonald’s property at 8875 Davis Blvd; each stop is approximately one (1) mile from the CAT Transfer Station
facility on Radio Road. To assist in improving the regional bus system service and to complement the essential
service provided by the local transit system, the applicant would like to have the option to consolidate the regional
bus stops from the Marathon Gas Station and McDonalds on David Blvd., to the transit facility on Radio Road. This
opportunity to consolidate the regional bus system to a central location integrated with the local transit system
helps to improve the bus/transit system and in turn alleviate traffic congestion. Utilizing the existing regional
services to complement and enhance multi-modal transportation options for the residents of Collier County
improves the overall local transportation system and, relieves CAT from needing to expend resources to manage
and operate such a service. Regional bus services provide a legitimate linkage and extension of the existing transit
and transportation services. Providing a connection between transit routes and the regional bus services is
critically important to the promotion and success of efficient and effective multi -modal systems. The
consolidation of local and regional bus services to a centralized location and facility helps access to these services
and ensure a safe link for passengers between systems.
The CAT Transfer Station facility went into full operation soon after the conditional use was approved in 2010.
Over the last decade there are no documented issues, problems, or concerns from the surrounding neighbors.
The availability and convenience of the facility is a benefit to the surrounding area and its support of the entire
CAT system. With this understanding, the facility has demonstrated its compatibility and should have alleviated
any assumed doubts or compatibility concerns that may have existed when the conditions under Resolution No.
10-70 were put in place.
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To address the aforementioned elements, this petition is requesting the following:
• Remove Conditions #5 and #6 to provide CAT the flexibility of ensuring transit service routes can continue
to meet the needs of the community.
• Allow for regional bus carriers to relocate from the commercial sites and co-locate at the existing CAT
Transfer facility on Radio Road.
Conditional Use Criteria:
The following narrative and attached materials/documentation will further address the applicable criteria as
outlined in accordance with LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code:
a. Describe how the project is consistent with the Collier County Land Development Code and Growth
Management Plan. Include information on how the request is consistent with the applicable section or
portions of the Future Land Use Element.
The subject property is designated Urban – Mixed Use District, Urban Residential Subdistrict as provided on
the current Collier County Future Land Use Map (FLUM) and contained in the Growth Management Plan’s
(GMP) Future Land Use Element (FLUE). The purpose of the Urban – Mixed Use District is to allow for a variety
of residential and non-residential uses, which could include true mixed-use development through the Planned
Unit Development approval process. The existing CAT Transfer facility, a Collier County government
facility/essential services facility, remains consistent with the stated purpose of the Urban Mixed Use District
of providing for and complementing a variety of residential and non-residential uses in the surrounding area
and beyond through county-wide transit services.
Maintaining existing and providing for future transit/bus service flexibility ensures consistency with
Transportation Element Objective 12, which is to “Encourage the efficient use of transit services now and in
the future.”
The proposed project of providing for continued and further transit service opportunities is consistent with
FLUE Policy 3.2, which states that the LDC contains regulations to ensure the availability of suitable lands for
essential services.
FLUE Policy 3.2: Land Development Regulations have been adopted into the Collier County Land
Development Code (LDC) that contain provisions to implement the Growth Management Plan through the
development review process. These include the following provisions:
g. The LDC ensures the availability of suitable land for utility facilities, and other essential services
necessary to support proposed development, by providing for the location of public facilities and
other essential services in the Public Use Zoning District, and in other zoning districts via the
Essential Services regulations.
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LDC Section 2.01.03 envisions the need for essential services within all zoning districts subject to certain
conditions. Sub-section 2.01.03.G allows for “government facilities” such as the existing CAT Transfer Facility
in the PUD zoning district through the Conditional Use process.
The subject property is consistent with Policy 7.1 since it connects to Radio Road as well as Davis Boulevard,
both arterial roadways. Policy 7.3 indicates that “all new and existing developments shall be encouraged to
connect their local streets and/or interconnection points with adjoining neighborhoods or other
developments regardless of land use type.” The CAT Transfer Facility is an existing development. As outlined
previously, there are no proposed changes to the existing development, thus there is no opportunity under
this petition to connect with either of the adjoining developments to the east or west.
b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon
with particular reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The existing ingress and egress to the property is consistent with the approved site plan per Collier County
SDPA Project #PL20130000237. The approved site plan is included as part of the submittal documents for
reference. It is necessary to note, CAT staff is coordinating with Transportation Planning to ensure
ingress/egress management is fully consistent with the CU and Land Development Code requirements and
meets the needs of CAT.
c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare,
economic impact, and odor.
• Noise: The proposed conditional use related to the existing government facility for the CAT Transfer
Station will not be generating any product, providing additional services, or alter hours of operation that
will generate noise beyond that which is existing that would be deemed to adversely affect the public’s
health, safety, or well-being. CAT has utilized the subject property as a fully operational transit transfer
facility for the last 5 years. There are no proposed structural or site improvements that would affect
current noise levels and alter the existing separation of the transit facility from the surrounding properties.
The existing buffering and screening will continue to provide benefits of reducing noise impacts that may
exist. Providing for the flexibility to have additional routes and regional service will not generate
additional noise that would be considered adverse or significant to neighboring properties.
• Glare: The proposed conditional use related to the existing government facility for the CAT Transfer
Station will not produce any glare beyond that which may currently exist. The subject property provides
existing buffering and screening ensuring glare continues to not negatively impact the neighboring
properties.
• Economic impact: The proposed flexibility of transportation service routes through the proposed
elimination of conditions limiting transit services should have a positive direct and indirect economic
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impact on the local community. The added flexibility of providing transit services will improve the overall
CAT system’s level of service and provide safety and convenience for the community, many of whom use
transit to commute to their place of employment.
• Odor: The CAT Transfer Station facility use already exists and any expansion and flexibility of the services
will not generate any noxious odors that would be deemed to adverse to the public’s health, safety, or
well-being.
Public records indicate and according to CAT facility staff, there are no known adjacent/neighboring property
nuisance complaints since it became operational almost a decade ago.
d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in
the district.
The existing CAT Transfer facility on the subject property was found to be compatible in 2010 under the
approved CU (Res. No. 10-70). The following describes the site and government facility in relation to the
adjacent properties existing today:
North: Multi-family Residential; Vacant; and Commercial (Bowling Center)
South: Multi-family Residential; Vacant; Right-of-Way (Davis Blvd.)
East: Commercial (Mini-storage, Gas Station/Convenience Store)
West: Multi-family Residential
The adjacent uses described above were in place during the review and approval of the current CU (Res. No.
10-7) except for the commercial mini-storage use to the east, which was permitted through the allowance of
Growth Management Plan amendment and Rezoning in 2016. Since the CAT facility has been in operation
over the last several years, there are no known or documented complaints or concerns related to its
compatibility with the adjacent properties.
There are no new structures or infrastructure changes to the existing site as currently approved, thus there
are no impacts to the separation of existing adjacent uses. The required buffers and landscaping are to
remain.
The proposed conditional use will allow CAT to maintain a facility that will help promote and enhance ridership
experience; provide shelter, administration offices and bathroom facilities; improve safety; and improve
transit logistics and functionality. The additional level of service resulting from the ability to adjust the number
of routes and adding limited regional bus service helps improve the level of service provided to the community
but will not impact the compatibility with the adjacent multi-family residential and the newer commercial
uses developed over the last 4 years. Based on the findings outlined previously, the development remains
consistent with Policy 5.6 of the Growth Management Plan.
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e. Please provide additional information which you may feel is relevant to this request.
The proposed conditional use helps ensure that CAT will remain adaptable and responsive to changing transit
needs. Allowing more route flexibility and ensuring regional bus service is available at this facility will help
maintain the intent of transit to provide mobility options and reduce personal automobile vehicular trips on
the surrounding transportation network. More effective and efficient transit service is known to remove
personal vehicle trips, thus, alleviating congestion impacts on the roadways. The effort to relocate and
consolidate the complementary regional bus services from random commercial properties and potential stops
within the public right-of-way to this CAT facility provides a safer method and more appropriate facility for
riders and the regional bus service providers. Based on the TIS Memorandum, revised September 28, 2020
and provided as part of the submittal, the proposed CU will not negatively impact the surrounding roadway
network system. Additionally, a trip-cap is not an appropriate condition for the proposed CU application due
to the fact that CAT and regional bus services reduce and remove trips associated with the personal
automobile from the roadway network system. The proposed conditional use ensures consistency with
County Transportation initiatives to promote alternative modes of transportation to reduce traffic congestion,
enhance mobility options, and improve bicycle and pedestrian safety.
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CAT Radio Road Transfer Facility (CU)
NARRATIVE STATEMENT – EXHIBIT A
Historical Progression of Development
1985 Aerial
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1996 Aerial
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2006 Aerial
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2016 Aerial
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2020 Aerial
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EXHIBIT B 3.D.e
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RGE:TWP:SEC:DATE:TITLE:
CLIENT:
PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:Florida Certificates of Authorization EB 7663 LB 6952
6610 Willow Park Drive, Suite 200 | Naples, FL 34109
Office: 239.597.0575 Fax: (239) 597-0578
www.consult-rwa.com DATEREVISION#DRAWN 0July 30, 2020 9:28 AM K:\2019\190142.00.01 Radio Road CAT Transfer Station Cond. Use Amend\0003 Conditional Use App Prep\CAD\1901420001 SP01.dwgCAT RADIO ROAD TRANSFER FACILITY - CONDITIONAL USE
COLLIER AREA TRANSIT (CAT)
11190142.00.01JULY.,20203449S26EKGDLP4080160AERIAL PHOTOGRAPHTHIS SITE PLAN IS CONCEPTUAL IN NATURE ANDINTENDED FOR PLANNING PURPOSES ONLY. THEOVERALL CONFIGURATION, DENSITY AND ORINTENSITY DEPICTED MAY CHANGE SIGNIFICANTLYBASED UPON SURVEY, ENGINEERING,ENVIRONMENTAL, AND/OR REGULATORYREQUIREMENTS.RADIO ROADD
A
V
I
S
B
L
V
D
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
Rev. 6/9/2017 Page 1 of 2
00399360008
8300 RADIO ROAD, NAPLES, FL 34104
COLLIER COUNTY CAT TRANSFER STATION CONDITIONAL USE
COLLIER COUNTY CAT TRANSFER STATION CONDITIONAL USE - AMENDMENT
N/A
Parcel 6.1 of S3- T50- R26
SDPA 2007-AR-11842 SDPA PL20130000237
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Rev. 6/9/2017 Page 2 of 2
KENRICK S. GALLANDER, AICP
239-597-0575 kgallander@consult-rwa.com
00399360008
7/8/2020
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6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578
www.consult-rwa.com
8300 RADIO ROAD CAT TRANSFER STATION FACILITY
Addressing Checklist
Legal Description
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8300 Radio Road CAT Facility
Project/Site Location
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8300 RADIO ROAD CAT TRANSFER STATION FACILITY
Conditional Use Amendment
Legal Description
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|,
AFFIDAViT OF AUTHORIZAT10N
PL″20200001301FOR PETIT10N NUMBERS(S)
DAMON GRANT (print name), as DIRECTOR FACIし ITIES NIANAGEMENT (tlle,if
印¨∽ЫO d m駅 ¨w… 可 ≡認 F:肥 縫雹 躙 志W∞r orattm
under oath,thatl am the(chooSe one)owner / appi
I have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;
All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;
I have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of investigating and evaluating the request made through this application, and that
The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
We/1 authorize RVVA INC to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
Wotes:. ll the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.
. lf the appticant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should
typically be signed by the Company's 'Managing Member."
. lt the appticant is a paftnership, then typica y a partner can sign on behalf of the paftnership.
. tt the applicant is a limited padnership, then the general painer must sign and be identitied as the "general
partnel' of the named padnership.
. tf the applicant is a trust, then they must include the trustee's name and the words "as trustee".
. ln each instance, first detetmine the appticant's status, e.9., individual, cotporate, trust, paftnership, and then
use the appropriate fomat for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
the facts stated in it are true.
STATE OF FLORIDACOUNTY OF COLL:ER
脚留:出 製堅:飩 誠朧癬∫胤1「鷹闇鑑過盤霰翌①
Such person(s) Notary Public must check applicable box:
EI Are personally known to me
E Has produced a current drivers license
E Has produced
Notary Signature:
CPN08-COA‐00115ヽ 155
REV 374120201 Date
as identification.
SONJASTEPHENSON
MYC御 田ISSiON“CG 945510
"RES:」
an呻 町25,,C24
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DATE: October 29, 2020
TO: John Kelly, Senior Planner
Collier County – Growth Management Department: Zoning Division
FROM: Kenrick S. Gallander, AICP
Director of Planning
RWA Engineering
PROJECT NAME: Conditional Use Minor – CAT Radio Road Transfer Facility (CU)
(PL#: 20200001301)
SUBJECT: Neighborhood Information Meeting – Summary
A Neighborhood Information Meeting (NIM) was held on October 15, at 5:30pm at the Collier Area Transit Facility
Lobby, at 8300 Radio Road, Naples, Florida.
Attendees are as follows:
• Kenrick Gallander, Director of Planning – RWA Engineering
• Patrick Vanasse, Director of Community Development – RWA Engineering
• Michelle Arnold, Director Public Transit & Neighborhood Enhancement – Collier County/Collier Area
Transit (CAT)
• Omar DeLeon, Transit Manager – Public Transit & Neighborhood Enhancement – Collier County/Collier
Area Transit (CAT)
• Zachary Karto, Senior Planner - Public Transit & Neighborhood Enhancement – Collier County/Collier Area
Transit (CAT)
• Tamarin Kirby, Planner - Public Transit & Neighborhood Enhancement – Collier County/Collier Area Transit
(CAT)
• Elena Ortiz Rosado, Marketing & Public Relations - Public Transit & Neighborhood Enhancement – Collier
County/Collier Area Transit (CAT)
• John Kelly, Senior Planner – Collier County
MEMORANDUM
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• Ray Bellow, Zoning Manager – Collier County
• Please refer to the attached Sign-In Sheet and NIM ZOOM Reservation Tracker Sheet for all other
attendees.
Summary (Started at 5:30 p.m.):
Mr. Gallander began the meeting introducing himself and due to the meeting being done virtually as well, he
ensured those attending via Zoom could hear and see the meeting online. Once confirmed, Mr. Gallander
proceeded to outline the meeting, which would include a brief presentation and following the presentation would
have time for questions and answers.
The presentation included an introduction of the Applicant, Public Transit & Neighborhood Enhancement – Collier
Area Transit (CAT) and their representatives, as well as the applicant’s agent, RWA, Inc. He identified the subject
property location and details of the property. One primary aspect of the property is the existing conditional use
approval granted on March 23, 2010, with eight (8) specific conditions. Mr. Gallander went on to further detail
and explain four of the existing conditions relevant to this request currently under review by Collier County.
After outlining these four conditions, Mr. Gallander reviewed the details of the request of the Conditional Use –
Minor, which are as follows:
• Existing conditions #5 and #6 limit the flexibility for CAT to operate and achieve the level of service the
Collier Community needs.
o Condition #5: Transfer activities for no more than four (4) CAT fixed routes.
▪ Seeking to eliminate this route cap
o Condition #6: No more than ten, fixed route, at a p.m. peak hour, two-way, bus trips per hour to
Radio Road can be generated.
▪ Seeking to eliminate cap p.m. peak hour, two-way, bus trips
o Allow for regional bus carriers to use the CAT Transfer Station Facility.
From there Mr. Gallander spoke to the foundational basis of having transit and by eliminating these conditions
helps to promote their ability as an alternative mode of transportation helps to reduce personal vehicle trips on
the surrounding local roadways. Emphasis was also provided outlining that commercial development, such as an
auto dealership allowed in its place, would generate additional traffic well beyond that of a transit facility.
The second component of the request relates to allowing for regional bus carriers to use the CAT facility and Mr.
Gallander detailed aspects of this part of the request. Both the regional bus carrier and the CAT local service are
complementary, and their riders tend to use each other for their transportation needs. It simply makes sense to
have these services at one centralized location.
Mr. Gallander confirmed that this request does not include expansion of the facility, buildings, structures, or
changes to the site, such as lighting or CAT’s operations. From there he outlined the status of the application,
which is under review by Collier County staff, and anticipating staff recommendation in November to the Hearing
Examiner. Hearing Examiner public hearing would then possibly occur in the December/January timeframe for
final determination of the application.
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Then Mr. Gallander concluded the presentation and then opened the floor for questions/comments/input from
those in attendance.
Questions/Comments asked or offered at the meeting:
Q/C: How many regional bus services will be at this facility during the day?
A: Currently 4 times in a 24-hour period that regional buses would be at this facility.
Q/C: With regards to conditions #5 and 6, are we proposing to eliminate them entirely?
A: Yes. To further clarify, condition #4 remains, which ensures that at most based on the current number
of routes CAT handles, 19 routes, 40% of that 19, maximum around 8 routes can be handled at this
“Secondary transfer facility.”
Q/C: For the regional buses, will they be parked at this facility.
A: No. The regional buses will not be parked here. They will drop off and pick up their passengers and
continue on with their travels. Further clarified that these regional buses are not tour buses and that the
regional buses want to have ease of access to and from the interstate system. We also do not want to
encourage their use of the local roadways, so they will be required to come and go from the current
interstate interchange location. Not staying overnight.
Q/C: What times are the routes for the regional buses?
A: Greyhound: 2:05am and 2pm; Redcoach is 10:40am and 9pm. Related to the impacts of the regional
buses to the traffic, none of them impact the pm peak hour times.
Q/C: When the regional buses are done with their route, will they be parking at this facility.
A: No. The regional carriers are always moving to their next stops.
Q/C: How many service routes/CAT transfer routes will be added to the existing routes that are on the
existing conditional use? 25-40%, I do not know what that means in terms of the number of routes to be
added. Also, does this open it up to more routes in the future?
A: No new routes are planned for this facility. CAT is working on their 10 -year plan, and no new routes
are planned to use this facility. Under the requirements of the 25-40% condition, this facility can only
handle 8 routes maximum. It currently services 4. 4 more routes could be added to a maximum of 8.
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Q/C: Give me a number of routes when you change the CU, how many more will be added?
A: 4 more would be the maximum.
Q/C: In the future, no additional ones would come unless they change the CU again?
A: That is correct.
Q/C: Why would that number 4 need to change? Why can’t you go the 8 routes without changing the
CU?
A: Because conditions #5 and 6 provide further limitations.
Q/C: Confirming that not changing condition #4? What will it say, conditions #5 and 6?
A: Correct. Position is to eliminate those conditions (#5 and 6).
Q/C: Concern then is need something to ensure limitation identified Condition #4 based on 19 routes
remains limited to 8 (about 40% of 19 routes) due to sometime in the future CAT could have 40 plus routes
and 40% of 40 routes is a lot higher than 8.
A: Understand that concern.
Q/C: Wanted to compliment the communication received back from Michelle Arnold and Mr. Gallander
and pleased with the responses received. Wanted to publicly thank you for the responses.
The only commitment made during the meeting relates to the requiring the regional bus carriers to utilize the
interstate interchange to access the CAT facility.
The meeting adjourned at approximately 5:28 p.m.
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CAT Radio Road NIM ZOOM ReservationName Sent Zoom Link Accepted Zoom Zoom Attendance Organization Email Address Phone #ZOOM: Public 1 Bill KearneyYes Yes YesSapphire Lakes skearney239@comcast.net 420 Belina Dr. #8, Naples, FL 34104 239‐348‐28712 George ChurchillYes YesSapphire Lakes george churchill <geochurchi@gmail.com> 580 Belina Dr. #2, Naples, FL 34104 978‐618‐93733 Carol MolynYes Yes YesSapphire Lakescarolmolyn42@gmail.com235 W. Naomi Dr. #2, Naples, FL 34104 239‐649‐89564 Mary Ann WallaceYes Yes YesSherwood wallace@naples.net 445 Robin Hood Circle #102, Naples, FL 34104 239‐269‐88625 Jennifer Vernier Yes Yes YesSherwood velocityreporting@yahoo.com 412 Vernier Way #201, Naples, FL 34104 516‐474‐85346 Robert FosterYes Yes YesSaphire Lakesrwfoster22@gmail.com380 Gabriel Cir #12, Naples, FL 34104 508‐965‐13997 Paula McNamaraYes YesSherwoodsamospaula@yahool.com337 Robin Hood Cir U104 Naples 34104 401‐226‐46618 Stephen McNamaraYes YesSherwoodsamospaula@yahool.com337 Robin Hood Cir U104 Naples 34104 401‐226‐46619 Ray SzczepanYes YesMadison Park HOArayz8159@gmail.com8159 Valiant Dr, Naples, FL 34104 508‐507‐193010 Claire Flynn Yes YesMadison Park HOAcbflynn@outlook.com8096 Piedmont Dr, Naples, FL 34104 239‐300‐473711 Kathryn SalemYes Yes YesSherwoodkathrynsalem@gmail.com241 Robin Hood Cir, #203, Naples, FL 34104 781‐308‐28813.D.ePacket Pg. 882Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
CAT Radio Road Transfer Facility
CONDITIONAL USE (CU) MINOR
(PL20200001301)
Neighborhood Information Meeting
October 15, 2020
5:30pm
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Team Representatives
•Applicant:
•Public Transit &
Neighborhood Enhancement –
Collier Area Transit (CAT)
•Michelle Arnold
•Omar De Leon
•Zachary Karto
•Tamarin Kirby
•Agent:
•RWA, Inc.
•Kenrick Gallander
•Patrick Vanasse
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•Subject Property:
•10.04+/-acres
•1,050 feet west of the Radio Road and Davis Blvd.
Intersection
•Existing Conditional Use Approved March 23, 2010
•Government Facility: Collier County –Collier Area
Transit (CAT) Transfer Station Facility
•Eight (8) Conditions
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•Request:
•Conditional Use:
•Existing conditions limit the flexibility for CAT
•Condition #5: Transfer activities for no more than four
(4) CAT fixed routes.
•Seeking to eliminate this route cap
•Condition #6: No more than ten, fixed route, at a p.m.
peak hour, two -way, bus trips per hour to Radio Road can
be generated.
•Seeking to eliminate cap p.m. peak hour, two -
way, bus trips
•Allow for regional bus carriers to use the CAT Transfer
Station Facility.
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•Process and Timeline:
•Application under review with County
Staff
•November staff recommendation to Hearing
Examiner (HEX)
•HEX public hearing December/January for
final determination.
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Questions?
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September 24, 2020
Subject: Neighborhood Information Meeting – Conditional Use (CU) Minor – CAT Radio Road
Transfer Facility
(PL20200001301)
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a Conditional
Use Minor for the following described property:
The subject property is located on a 10.04+/- acre parcel (Property ID No.: 00399360008) approximately 1,050
feet west of the Radio Road and Davis Blvd. intersection (See Project Location Map). The address for the property
is 8300 Radio Rd., Naples, FL 34104, and the owner of the subject property is Collier County C/O Real Property
Management. The applicant for this petition is Public Transit & Neighborhood Enhancement - Collier Area Transit
(CAT).
Project Location Map
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The request is for Conditional Use (CU) Minor approval to expand the permitted uses allowed through the existing
Conditional Use (CU) (Resolution NO. 10.070) located within the ±10.4 acre Bill Gallman Oldsmobile Dealership
PUD zoning district.
The existing CU, approved in 2010, contains specific conditions that limit the permitted uses, number of fixed -
routes, and trips generated from these routes. CAT is seeking this CU Minor to ensure regulatory flexibility that
will allow transit service routes to meet the needs of the community and for regional bus carriers to relocate from
the commercial sites and co-locate at the existing CAT Transfer facility on Radio Road.
The petitioner is asking the County to approve this application for a Conditional Use Minor on the described
property.
In compliance with the Land Development Code requirements, a Neighborhood Information Meeting (NIM) will
be held to provide you an opportunity to become fully aware of our development intentions and to give you an
opportunity to influence the form of development. The Neighborhood Information Meeting will be held at
5:30pm on October 15, 2020, at the Collier Area Transit Facility Lobby, at 8300 Radio Road, Naples Florida.
Due to COVID-19, special accommodations will be made to allow people to attend in person or virtually. The
meeting will be held indoors at the CAT Facility, where CDC guidelines will be observed. Reservations for in-person
meeting attendance is required to ensure social distancing can be met. The meeting will also be online via Zoom.
Should you choose to either participate in the Zoom meeting or want to attend in-person, please notify us via
email at kgallander@consult-rwa.com prior to October 15th to allow us to send you login instructions and
document your reservation.
At this meeting, the petitioner will make every effort to illustrate how the property will be developed and to
answer any questions. Should you have questions prior to the meeting, please contact me.
Sincerely,
RWA, Inc.
Kenrick Gallander, AICP
Director of Planning
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Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
RWA INC.
6610 WILLOW PARK DR 200
NAPLES FL 34109-
$294.00 $0.00 $294.00 $0.00Invoice $294.000004393724
AD#
1307584
Account
Sales Rep: kthor Order Taker: kthor 09/24/2020Order Created
End DateStart Date# InsProduct Column Agate Lines
09/28/2020 09/28/2020 1NDN-Naples Daily News 1.00 84
09/28/2020 09/28/2020 1NDN-naplesnews.com 1.00 84
* ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
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A B C
Name Address Address 2
100 DAVIS LLC 1111 GALLEON DR
3CM LLC 14513 GLOBAL PARKWAY
8225 IBIS LAND TRUST 12811 KENWOOD LANE #103
AINSLEY, WILLIAM O & TERRY R 135 REGENCY DR
ALBANO, SHEILA M 209 ROBIN HOOD CIR UNIT 201
AUBRY, CYRIL 1057 FOREST LAKES DR #103
AUGULIS, STEPHEN A & LAURIE A 321 ROBIN HOOD CIR UNIT 202
BAILEY, JOHN & JULIE 300 OBRIEN RD
BARBERA, VINCENT 8255 IBIS CLUB DR #509
BELL, KATHRYN M 321 ROBIN HOOD CIR UNIT 204
BENEDICT, CRAIG A 8140 MONTICELLO CT
BIAGIONI, WILLIAM V & LISA G 145 ROBIN HOOD CIR #103
BIANK, ROSEMARIE 257 ROBIN HOOD CIR UNIT 204
BLUE HERON OF NAPLES CONDO ASSN INC % ALLIANT PROPERTY
BLUESTEIN, DANIEL 330 W 58TH ST #12G
BOLCATO, WILLIAM A 289 ROBIN HOOD CIR UNIT 103
BRACAMONTE, GUSTAVO 15275 COLLIER BLVD 201/269
BUKOWSKI, STEFANIA JAN BUKOWSKI 289 ROBIN HOOD CIR #204
C&B VISIONS INC 5808 CONSTELLATION CIRCLE
CAICEDO, LORENCITA 8235 IBIS CLUB DRIVE #311
CAIPE, FRANCISCO A ERAZO MARYURI MOTATO 8255 IBIS CLUB DRIVE #503
CARMENATE, HERIBERTO LOPEZ EKATERINA F CASMARTINO 8285 IBIS CLUB DR # 809
CAROLYN DELL HUBBARD TRUST 241 ROBIN HOOD CIR #101
CASTILLO, NEPTALI 8285 IBIS CLUB DR #810
CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT % SEVERN TRENT SERVICES
CEUNINCK ZACKZEWSKI, PAMELA J JOHN THOMAS ZACKZEWSK 209 ROBIN HOOD CIR #103
CINIELLO TR, PATRICK 14513 GLOBAL PKWY
CLARKE, JEFFREY A & MELANIE R PO BOX 110457
COBURN, DANIEL 164 ELM ST
COLLIER CNTY 3299 TAMIAMI TRL E % OFC OF CNTY ATTORNEY STE 800
COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101
COLWELL, JUDITH 241 ROBIN HOOD CIR #7 102
CONTEE, BARRY A & ANNE B 193 ROBIN HOOD CIR #202
COOPER, FRANK W & MARIA E 4158 LORRAINE AVE
COSTELLO, JOSEPHINE 321 ROBIN HOOD CIR UNIT 104
COX, TERRENCE GUY THERESE PAONE COX 42 CHESTNUT ST
CROSBY, DEBRA A 100 MERRIMACK AVE #19
DAUGHERTY, JEFFREY A 8290 IBIS CLUB LANE #905
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Packet Pg. 897 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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Address 3 PO Box City, State, Zip
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Packet Pg. 898 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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A B C
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Packet Pg. 899 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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Packet Pg. 900 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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A B C
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Packet Pg. 901 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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D E F
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Packet Pg. 902 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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Packet Pg. 903 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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D E F
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Packet Pg. 904 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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Packet Pg. 905 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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Packet Pg. 906 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
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THERESIAS, WILNY GULEBERTHA L THERESIAS 8235 IBIS CLUB DR #308
THOMAS, ROBERT 105 ROCHESTER AVE
THOMPSON, PETER M & JANE B MELANIE J THOMPSON 3 S VILLAGE
THOMPSON, RONALD A & KRISTEN A 161 ROBIN HOOD CIR UNIT 103
TIITF /ST OF FL 3900 COMMONWEALTH BLVD
TOCCI, CARMEN P 22 MAGUE AVENUE
UCHA, ANTONIO & MILCA S 8245 IBIS CLUB DR # 407
VARGAS, ORLANDO 8215 IBIS CLUB DR #111
VARGAS, SANTIAGO J ALVAREZ 257 ROBIN HOOD CIR UNIT 104
VAUGHAN, JEROME & JOAN E 225 ROBIN HOOD CIR UNIT 101
VAZZA, RALPH J FELICIA VAZZA 145 ROBIN HOOD CIR UNIT 201
VELAZQUEZ JR, RAFAEL 8225 IBIS CLUB DRIVE #202
VELEZ, NUBIA E 8225 IBIS CLUB DR #208
VETTER, ROGER D & MELODY A 23609 N CENTENNIAL RD
VITA, MAUREEN 1598 OCEANIA DR S #202
VITA, MAUREEN 1598 OCEANIA DRIVE S #202
WAGNER, JAMES & SHARON 289 ROBIN HOOD CIR #104
WAGNER, LEO 305 ROBIN HOOD CIR UNIT 103
WALSH, DANA N 9591 BRAMLEY TERRACE
WHITEHOUSE, JONATHAN 300 STATE ST E STE 226
WILKINSON EST, RICHARD % RICHARD TODD WILKINSON PR 193 ROBIN HOOD CIR #103
WILLIAMS, DAVID G & RITA A 8104 PIEDMONT DR
WOLF, MARISOL 1813 PENN AVE
WOODSIDE LANES INC 14513 GLOBAL PARKWAY
WRENN, CYNTHIA S 305 ROBIN HOOD CIRCLE #201
ZEWE, BRUCE R & DIANE D 119 DRAKE DR
ZIENKIEWICZ, JOHN S & JANET I 43 MELWOOD DRIVE
REFERENCE ONLY IBIS CLUB AT NAPLES CONDOMINIUM
REFERENCE ONLY SHERWOOD I A CONDOMINIUM
BOBOC, CARMEN & NICOLAE 293 TREMAINE CR
BRUNET, JEAN-PIERRE 966 3RD AVE
CALZATO, GUSTAVO TERESITA JANNET CALZATO 35 OLIVERS LN
FERRAZZO, LEONARDO LOTE 142 ING MASCHWITZ ESCOBAR BARRIO SAN MARCO
FERRI, VINCENZO & ANNA 172 TALL GRASS TRAIL
HOULDEN, DAVID & BARBARA 41 RED PINE CRES
LEON, JORGE L VILLALOBOS MASSIEL M GUEVARA GONZALEZ TV 21 #94A-32
MANCUSA, GINO A & ROSEMARIE C 175 RICHMOND ROAD
MATEI, VICTOR & VIORICA 485 BECKWITH CT
NALKUR, ANIL G & AMEETA 3403-35 KINGSBRIDGE GRDN CIR
Mailing Labels
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MONTVALE, NJ 07645---0
NAPLES, FL 34104---9450
MIAMI, FL 33116---0
NAPLES, FL 34104---0
E ATLANTIC BEACH, NY 11561---0
SOUTHWICK, MA 01077---9217
NAPLES, FL 34104---7429
TALLAHASSEE, FL 32399---3000
WEST NEWTON, MA 02465---0
NAPLES, FL 34104---0
NAPLES, FL 34104---0
NAPLES, FL 34104---9453
NAPLES, FL 34104---9409
NAPLES, FL 34104---7451
NAPLES, FL 34104---0
NAPLES, FL 34104---0
JERSEYVILLE, IL 62052---0
NAPLES, FL 34113---0
NAPLES, FL 34113---0
NAPLES, FL 34104---0
NAPLES, FL 34104---7402
FORT MYERS, FL 33967---0
OLDSMAR, FL 34677---3711
NAPLES, FL 34104---9424
NAPLES, FL 34104---6568
READING, PA 19609---0
FORT MYERS, FL 33913---0
NAPLES, FL 34104---0
WEXFORD, PA 15090---0
ROCHESTER, NY 14626---0
KITCHENER N2A 4L8 CANADA
VAL-DOR J9P 1T3 CANADA
CALEDON EAST L7C 1G5 CANADA
BUENOS AIRES ARGENTINA
WOODBRIDGE L4L 3P8 CANADA
WASAGA BEACH L9Z 3B2 CANADA
APARTMENT 610 BOGOTA COLOMBIA
THUNDER BAY P7G 1R6 CANADA
WATERLOO N2T 2H1 CANADA
MISSISSAUGA L5R 3Z5 CANADA
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A B C
OPRITA, NICOLETA & LIVIU 23 HOLLYWOOD AVE APT 210
PAREJO, FLAVIA 101 ROSEBURY LN
POWER, CLIVE & KIRTI PO BOX 991
POWER, CLIVE & KIRTI PO BOX 991
PUSCASU, ADRIAN & ANCA DELIA 60 WICKSTEAD WAY
ROCHEFORT CARRIER PRPTS INC 2860 CHEMIN DES QUATRE BOURGEOIS STE 101
ROCHEFORT CARRIER PRPTS INC 2860 CHEMIN DES QUATRE BOURGEOIS STE 101
RUHL, DOMINIK AM SEEBURG 14E
SHERWOOD LAND TRUST J A KOMENSKEHO 793
STAFFA ET AL, DANIEL H SARGENTO CARBRAL 269 SAN MIGUEL 1663
STAFFA, MARTIN J MARIANO D STAFFA SARGENTO CABRAL 269
TREMBLEY, SERGE LORRAINE AUDET 4 DU BELVEDERE
WOLFAARDT, HENDRIK C/O GLOBAL PROTECTOR TRUST DORSFONTEIN FARM
XEKOMINOS, STAVROULA VASILIKI XEKOMINOS 107 NEWTON DR
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TORONTO N2N 7L8 CANADA
WOODBRIDGE L4L 3Z1 CANADA
BRAGG CREEK T0L 0K0 CANADA
BRAGG CREEK T0L 0K0 CANADA
MARKHAM L3T 5E5 CANADA
QUEBEC G1V 1Y3 CANADA
QUEBEC G1V 1Y3 CANADA
BAD HOMBURG 61352 GERMANY
KLASTEREC N OHRI 43751 CZECH REPUBLIC
BUENOS AIRES ARGENTINA
BUENOS AIRES 1663 ARGENTINA
STE JULIE J3E3M5 CANADA
PO BOX 54 GRAAFF-REINET 6280 AFRICA
TORONTO M2M-2N2 CANADA
Mailing Labels
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[20-CPS-02022/1590957/1]
CONDITIONS OF APPROVAL
Collier County CAT Transfer Station
CU-PL2009-405 CU-PL20200001301
1. The CAT Transfer Station shall be limited to that which is depicted on the conceptual site plan set,
identified as the "CAT Transfer Station Conditional Use" dated August 2009, prepared by Wilbur
Smith Associates. The site plan noted is conceptual in nature for Conditional Use approval. The final
design must be in compliance with all applicable federal, state and county laws and regulations; and
2. The Department of Zoning and Land Development Review Director may approve minor changes in
the location, siting, or height of buildings, structures, and improvements authorized by this
conditional use as well as all applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major changes
to the approved plan, shall require the submittal of a new conditional use application, and shall
comply with all applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site
Development Plan (SOP) review and approval; and
4. This CAT transfer station shall be limited in scope to a secondary transfer site. Any designation of
this site as Collier County's "major" (or similar designation) is prohibited. The terms Major and
Secondary transfer stations are defined as follows:
■ Major transfer facility:
• Handles most routes (between 60-75%)
• Supervised and publicly owned
• Off-road bus parking and circulation
• Park your car all day and ride transit
■ Secondary transfer facility:
• Handles multiple routes (25-40%)
• Supervised and publicly owned
• Off-road bus parking and circulation
• Drop off for passengers
5. This transfer station use shall be added to the existing uses permitted on site and shall allow the
addition of transfer activities for no more than four CAT fixed routes.
6. No more than ten, fixed route, at a p.m. peak hour, two-way, bus trips per hour to Radio Road can
be generated by this transfer station use.
5. There will be no onsite vehicle service or storage facilities for regional service providers.
7.6. The CAT Transfer Station may utilize Davis Boulevard to the extent that the Florida Department of
Transportation design allows the necessary turning movements and operation and safety allows or
warrants.
8.7. The driveway layout on Radio Road may be two, one-way pairs rather than one driveway opening.
Revised 3/23/10 per BCC action EXHIBIT C
Words underlined are added; words struck through are deleted.
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RESOLUTION NO. 10- 70
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDlTlONAL USE TO ADD A
GOVERNMENT FACILITY LIMITED TO A BUS TRANSFER
STATION WITHIN THE BILL GALLMAN OLDSMOBILE
DEALERSHIP PUD ZONING DISTRICT PURSUANT TO
SUBSECTION 2.01.03.G.l.e. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No.
2004-4 I, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a Conditional Use to add a government facility
limited to a bus transfer station within the Bill Gallman Oldsmobile Dealership PUD zoning district
pursuant to Subsection 2.01.03.G.l.e. of the Collier County Land Development Code on the property
hereinafter described, and the Collier County Planning Commission has made findings that the granting
of the Conditional Use will not adversely affect the public interest and the specific requirements
governing the Conditional Use have been met and that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and in accordance with Subsection
10.08.00.0. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
CU-PL2009-405
Rev. 3/24110 - JBW
lof2
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA fhat:
Petition Number CU-PL2009-405 filed by Abra Horne, AICP, of Wilbur Smith Associates,
representing Collier County Alternative Transportation Modes Department, with respect to the property
hereinafter described in Exhibit "A", be and the same is hereby approved to add a Conditional Use to add
a government facility limited to a bus transfer station within the Bill Gallman Oldsmobile Dealership
PUD zoning district pursuant to Subsection 2.01.03.G.l.e. of the Collier County Land Development
Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions
found in Exhibit "C". Exhibits "A","B", and "c" are attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this ::l3eDday of
1Y1 1Vt~1) ,2010.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: fuML8~~I:r;
l
d_L'~.<' t
By:iu! t^) CY-'\_~Q
Fred W. Coyle, Chairman
R-c_ C.C.
Jennifer' . WhIte
Assistant County Attorney
Exhibits attached:A.
B.
C.
Legal Description
Conceptual Site Plan
Conditions
09.CPS.00965172
CU-PL2009-405
Rev. 3/24/10 - JBW
20f2
3.D.e
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LEGAL DESCRIPTIOK
OffiCIAL. RECORD 1l001< 2987, PAGE 3420
BEING A PORTION OF TI1E NORTHWEST QUARTER OF THE NORTHWEST QUARTER Of
SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FL.ORIDA: il.ND
BEING MORE PARTICUL.ARL. Y DESCRIBED AS F'OLL.OWS:
COt.AMENCE AT THE NORTr'WEST CORNER OF SAID SECTION 3, RUN N89'54-'20"E AL.ONC
THE NORTH ERLY LINE OF SAID SECTION .3, 440.57 rEEl: THENCE 500.05'40"E, 50.00
FEET TO THE POINT OF BEGINNING, AND ALSO BEING IN THE SOUTHERLY RIGHT OF WAY
L.INE Of STATE ROUTE S-856 (RADIO ROAD/C.R. 856); THENCE NaS'54'ZO.E ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, 380.55 F'EET; THENCE SDO'3,'13"W, '147.78 fEET, TO
THE NORTHERLY RIGHT OF WAY LINE OF STATE ROUTE 84 (DAI/IS BOULEVARD), SAID
NORTHER~Y RIGHT OF WAY LINE BEING A CLIRVE TO THE SOUTHWEST, HAiliNG A RADIUS
OF 2939.79 FEET, AND WHOSE CHORD BEARS S32'S5'15"W FOR 187.70 fEET; THENCE
ALONG THE ARC Of SA.ID CURVE 187.73 fEET; THE~CE N48'09'02.W 357.67 FEET;
THENCE NOO'D5'40"W 1 066.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE fOLLOWI~G DESCRIBED PARCEL:
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
COLLIER COUNTY, FLORIDA: AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COt.AMENCING AT THE NORTHWEST CORNER or SAID SECTION 3. THENCE N89'53', 2"E
ALONG THE NORTHERLY LINE OF SAIO SECTION 3, 440.57 FEET: THENCE LEAVING- SAID
NORTHERLY LINE SOO'06'48"E lOR A DISTA~CE OF 50.00 FEET To A/II INTERSECTION
WITH THE EXISTING SOuTHERLY RIGHT Of WAY LINE OF' RADIO ROAD (C.R. 856)
TO THE POINT OF' BEGINN ING OF' THE HEREIN DESCRIBED PARCEL OF' LAND. THENCE
N8~'53'IZ"E ALONG SAID SOUnte;RLY RIGHT OF' WAY UNE fOR A OISTANCE OF' :l-80,1;\5
fEET: THENCE LEAVING SAID SOUTHERLY LINE SOO'3D"'''W FOR A DISTANCE OF 42.62
rEET TO A POINT OF INTERSECTION WITH A /liON-TANGENT CURVE FROM WHICH THE
RADIUS POINT BEARS Sll'09'OS"W; THENCE NORTHWESTERLY ALONG SAID CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 914.&4 FEET, A CENTRAL ANGLE OF
11'15"53" fOR AN ARC DISTANCE or 179.8Z rEET TO A POI/llT OF TANGENCY;
THENCE S89'5:nZ"W FOR A DISTANCE OF 201.52 FEET: THENCE NOO.06'4S.W fOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
SUBJECT PARCEL CONTAINS 10.04:1: ACRES OF' LAND, t.AORE OR L~SS.
FOLIO NO. 0039936000S I ADDRESS 1!18315 DAVIS BOULEVARD
NOTE: LESS & EXCEPT PORTION HAS A DIFFERENT BEARING BASIS THAT THE ORIGINALl.Y
DESCRIBED PARENT PARCE~ OF LAND.
NOTr: SURVry I"It:LD Bt:ARINGS ARt: BAsro ON NADB.3 (99 AOJUSTi'04ENT),
STATE PLANE COORDINATES, FLORIDA EAST ZONE.
CAT Transfer Station
CU-P02009-405
Exhibit A
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p ~3.D.ePacket Pg. 1028Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio
CONDITIONS OF APPROVAL
Collier County CAT Transfer Station
CU- PL2009-405
I. The CAT Transfer Station shall be limited to that which is depicted on the conceptual site plan set,
identified as the "CAT Transfer Station Conditional Use" dated August 2009, prepared by Wilbur
Smith Associates. The site plan noted is conceptual in nature for Conditional Use approval. The
final design must be in compliance with all applicable federal, state and county laws and
regulations; and
2. The Department of Zoning and Land Development Review Director may approve minor changes
in the location, siting, or height of buildings, structures, and improvements authorized by this
conditional use as well as all applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major changes
to the approved plan, shall require the submittal of a new conditional use application, and shall
comply with all applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03, of the Collier County Land Development Code, Ordinance 04-4 I, as amended, for Site
Development Plan (SDP) review and approval; and
4. This CAT transfer station shall be limited in scope to a secondary transfer site. Any designation
of this site as Collier County's "major" (or similar designation) is prohibited. The terms Major
and Secondary transfer stations are defined as follows:
Major transfer facility:
Handles most routes (between 60-75%)
Supervised and publicly owned
Off-road bus parking and circulation
Park your car all day and ride transit
Secondary transfer facility:
Handles multiple routes (25-40%)
Supervised and publicly owned
Off-road bus parking and circulation
Drop off for passengers
5. This transfer station use shall be added to the existing uses permitted on-site and shall allow the
addition of transfer activities for no more than four CAT fixed-routes.
6. No more than ten, tixed route, at a p.m. peak hour, two-way, bus trips per hour to Radio Road can
be generated by this transfer station use.
7. The CAT Transfer Station may utilize Davis Boulevard to the extent that the Florida Department
of Transportation design allows the necessary turning movements and operation and safety allows
or warrants.
8. The driveway layout on Radio Road may be two, one-way pairs rather than one driveway opening.
Revised 3/23/1 0 per BCC action EXHIBIT C
3.D.e
Packet Pg. 1029 Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
3.D.ePacket Pg. 1030Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
3.D.ePacket Pg. 1031Attachment: Attachment D - Backup Package with Application (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358
Hybrid Virtual Quasi-Judicial Public Hearing Waiver
Emergency/Executive Order 2020-04
Hearing of the Collier County Hearing Examiner
For Petition Number(s): _________________________________________________________________
Regarding the above subject petition number(s), ________________________________ (Name of
Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the
Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the
hybrid virtual nature of the public hearing.
Name: _________________________________ Date: ___________________________
Signature: ______________________________
Applicant*
Legal Counsel to Applicant
* This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an
officer of the corporate entity) or the legal counsel to the Applicant.
3.D.f
Packet Pg. 1032 Attachment: HEX Hybrid Meeting Waiver_CAT Radio Road CU_signed (14561 : PL20200001301 CU - CAT Radio Road Transfer Facility)
01/14/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.E
Item Summary: PETITION NO. CCSV PL20200000082 – Lloyd Bowein and Lurline S. Bowein
request a variance from the Coastal Construction Setback Line to allow for the construction of a pool and
deck approximately 54 feet, seaward of the Coastal Construction Setback Line, and a fence 90 feet
seaward of the Coastal Construction Setback Line, and a decked pathway 92 feet seaward of the Coastal
Construction Setback Line, for property located at 10021 Gulf Shore Drive and described as Lot 31,
Block A, Re-subdivision of part of Unit No. 1 Conner’s Vanderbilt Beach Estates, in Section 29,
Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Craig Brown, Senior
Environmental Specialist] Commissioner District 2
Meeting Date: 01/14/2021
Prepared by:
Title: – Growth Management Department
Name: Alexandra Casanova
12/29/2020 10:27 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
12/29/2020 10:27 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 01/04/2021 8:28 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/04/2021 5:36 PM
Zoning Ray Bellows Review Item Completed 01/04/2021 6:23 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/05/2021 8:03 AM
Zoning Anita Jenkins Review Item Completed 01/05/2021 8:37 AM
Hearing Examiner Andrew Dickman Meeting Pending 01/14/2021 9:00 AM
3.E
Packet Pg. 1033
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 1 of 8
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT REVIEW DIVISION
ENVIRONMENTAL PLANNING SECTION
HEARING DATE: January 14, 2021
SUBJECT: PETITION CCSV-PL20200000082, 10021 GULF SHORE DRIVE
PROPERTY OWNER/AGENT:
Owner: Agent:
Lloyd & Lurline Bowein Turrell, Hall & Associates, Inc
10021 Gulf Shore Drive 3584 Exchange Avenue
Naples, FL 34105 Naples, FL 34104
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal
Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC)
section 9.04.06, for a 92-foot variance from the Coastal Construction Setback Line to allow for a
pool, a fence and a decked pathway.
GEOGRAPHIC LOCATION:
The subject property is located on property at 10021 Gulf Shore Drive and further described
as Lot 31 Block A CONNER’S VANDERBILT BEACH ESTATES, UNIT NO.1
ACCORDING TO THE PLAT IN PLAT BOOK 3, PAGE 18, PUBLIC RECORDS OF
COLLIER COUNTY, FL
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The proposal consists of constructing a pool with a deck, installing a fence and a decked pathway
seaward of the CCSL. The original decked pathway was approved under Resolution 94-285. The home
was constructed in 1957.
3.E.a
Packet Pg. 1034 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 2 of 8
CCSL Variance Request
The proposed improvements require a public hearing in front of the Hearing Examiner to consider
approval of a Variance to build seaward of the Coastal Construction Setback Line (CCSL). The
aerials provided by the petitioner depict the subject property with existing and proposed structures
in relation to the CCSL as well as other beach front properties in the immediate contiguous area
along Conner’s Vanderbilt Beach (aka Vanderbilt Beach). The applicant proposes to construct a
pool with a pool deck that will extend 54 feet beyond the CCSL. The pool and deck will be placed
approximately 42 feet from the landward edge of the vegetation line and approximately 162 feet
from Mean High Water Line (MHWL). A fence will be installed 90 feet beyond the CCSL. The
fence will be installed approximately 6 feet from the landward edge of the vegetation line and
approximately 126-feet landward of the MHWL. An existing partially decked pathway will
extend 92 feet beyond the CCSL. The decked pathway is located 3-feet from the vegetation line
and 125 feet from the MHWL. Resolution 94-285 allowed for the existing pathway, which is to be
replaced and expanded. (see Applications and Supporting Documents page 17).
SITE PLAN
The Construction Site Plan is six pages provided in the Application and Supporting Documents
pages 14-20. The site plan on page 17 is a close-up of the improvements seaward of the CCSL.
3.E.a
Packet Pg. 1035 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 3 of 8
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Single residential development with a zoning designation of RSF-3.
North: Single Family residential development with a zoning designation of RSF-3.
South: La Playa Hotel with a zoning designation of RT-VBRTO.
East: Gulf Shore Drive followed by Single family residential development with a
zoning designation of RSF-3.
West: Gulf of Mexico.
Aerial exhibit provided by Collier County GIS.
3.E.a
Packet Pg. 1036 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 4 of 8
GROWTH MANAGEMENT (GMP) IMPACT:
CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP
OBJECTIVE 10.4:
Restore and then maintain, when appropriate, developed coastal barriers and developed
shorelines, by establishing mechanisms or projects which limit the effects of development and
restores the natural functions of coastal barriers, including beaches and dunes.
Staff comment: The policies below primarily addresses the need for dune restoration on
developed shorelines. The applicant will provide a dune restoration plan that must be
completed prior to certificate of occupancy, if applicable.
Policy 10.4.1:
Promote environmentally acceptable and economically feasible restoration of the developed
coastal barriers and the urban beach and dune systems.
Staff comment: The proposed project requires the removal and treatment of
invasive exotic plants from the beach dune vegetation; dune restoration will be
required prior to the final inspection for the building permit.
Policy 10.4.3:
Collier County shall prohibit activities which would result in man-induced shoreline erosion
beyond the natural beach erosion cycle or that would deteriorate the beach and dune system.
Implementation of this policy will be based upon available scientific/coastal engineering
literature/studies that have established benchmarks for natural rates of beach erosion.
Staff comment: The proposed project will protect the existing beach dune
vegetation and not create beach erosion.
Policy 10.4.4:
Require dune stabilization and restoration improvements in land development projects along
beach areas.
Staff comment: The proposed project includes dune restoration of disturbed areas
prior to the certificate of occupancy under the building permit. Staff has included a
condition to the CCSL Variance approval to ensure this Policy is implemented.
Policy 10.4.6:
Require native vegetation as landscaping in development activities in developed coastal barrier
systems and on the beach and dune systems.
Staff comment: The proposed project includes dune restoration of disturbed areas
prior to the certificate of occupancy under the building permit. Staff has included a
3.E.a
Packet Pg. 1037 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 5 of 8
condition to the CCSL Variance approval to ensure this Policy is implemented.
Policy 10.4.7:
Collier County shall prohibit construction seaward of the Coastal Construction Setback Line
except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable
economic utilization of the property in question, or for safety reasons. In such cases, construction
will be as far landward as is practicable and effects on the beach and dune system and the natural
functions of the coastal barrier system shall be minimized.
Staff comment: The proposed structure is in line with contiguous and adjacent structures
on neighboring properties. Any disturbed areas will include the restoration of the dune, and
will follow the natural dune profile, thus further enhancing the overall beach dune system.
GMP Consistency Summary: The proposed variance is consistent with applicable provisions of
the Growth Management Plan Objective 10.4. for the reasons stated above.
STAFF ANALYSIS:
The decision to grant a variance is based on the criteria in LDC Section 9.04.06. Staff has analyzed
this petition relative to these provisions and offers the following responses:
A. The coastal construction setback line shall be that coastal construction setback line
established by the Department of Environmental Protection of the State of Florida pursuant to
F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive,
recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier
County, Florida.
Staff Comment: The existing structure and improvements are seaward of the CCSL.
B. Setback lines established under this Land Development Code shall be reviewed upon petition
of affected riparian upland owners. The Board of County Commissioners (BCC) of Collier County
shall decide, after due public notice and hearing, whether a change in the setback line is justified,
and shall notify the petitioner in writing. The present setback lines are presumed to be correct,
and no change in setback lines are presumed to be correct, and no change in setback lines shall
be made except upon an affirmative showing by petitioner that any construction line established
hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet
landward of the vegetation line whichever is greater; and that considering ground elevations in
relation to historical storm and hurricane tides, predicted maximum wave up rush, beach and
offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist,
and existing upland development, that the general public health and welfare are preserved, upland
properties protected, and beach and sand dune erosion controlled.
3.E.a
Packet Pg. 1038 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 6 of 8
Staff Comment: The pool and deck will be placed approximately 42 feet from the
landward edge of the vegetation line and approximately 162 feet landward from the
Mean High-Water Line (MHWL). The fence will be installed approximately 6 feet from
the landward edge of the vegetation line and approximately 126 feet landward of the
MHWL. The decked pathway is located 3 feet from the vegetation line and 125 feet
from the MHWL. The pool and deck will meet the LDC required setback distance from
the MHWL. The fence and decked pathway will not meet the LDC setback minimum
distance of either 150 feet from MHWL or 75 Feet from the vegetation line.
(Application and Supporting Documents, page 17). The justification for approval comes
from the establishment of a waterward line of development of neighboring properties in
the area (Application and Supporting Documents, page 20).
C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to
construct, reconstruct, or change existing structures, make any excavation, remove any beach
material or otherwise alter existing ground elevations, drive any vehicle on, over or across any
sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon
and/or seaward of said dune, seaward of the coastal construction setback line, except as
hereinafter provided.
Staff Comment: The petitioner will provide a dune enhancement plan as required by the
GMP policies in Objective 10.4 and LDC section 3.03.06.
D. If in the immediate contiguous or adjacent area a "number of existing structures" have
established a reasonably continuous and uniform construction line closer to the line of mean high
water than the line as herein established, and if said existing structures have not been unduly
affected by erosion, a proposed structure may be permitted along such line if such proposed
structure is also approved by the BCC.
Staff Comment: The properties located both north and south of the subject property have
structures which extend beyond the CCSL. The aerial view labeled as “Adjacent
Development” shows the distances from the MHWL (Applications and Supporting
Documents, page 20). The proposed expansion seaward of the CCSL is in line with the
existing structures immediately to the north and south of the subject property, which were
approved under previous CCSL variance resolutions. Therefore, it has been shown that in
the immediate contiguous or adjacent area “a number of existing structures" have
established a reasonably continuous and uniform construction line closer to the line of
mean high water than the line as herein established. Based on the review of the proposed
additions and information provided staff believes the proposed structures will not create or
be affected by erosion.
See the attached Application and Supporting Documents pages 7-13 for the applicant’s variance
justification responses.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This Variance petition was not required to go before the EAC for review and approval.
3.E.a
Packet Pg. 1039 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 7 of 8
RECOMMENDATION:
Staff recommends the Collier County Hearing Examiner (HEX) approve the CCSL Variance for
Petition CCSV-PL20200000082, 10021 Gulf Shore Drive with the following conditions:
Standard conditions:
1. All proposed improvements shall be designed in accordance with the standards of the
Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal
Systems and an approved FDEP permit shall be obtained, and copies provided, prior to
issuance of a Collier County Building Permit.
2. Construction activities shall not occur within one hundred (100) feet of the sea turtle
nesting zone, defined by Collier County Land Development Code Chapter 3, between May
1 – October 31, sea turtle nesting season, without first submitting and obtaining any
required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits.
3. Petitioner shall notify Environmental Planning Environmental Staff one week prior to
commencing work seaward of the CSSL and shall again contact Staff within one week
following completion of work seaward of the CCSL (239-252-2400).
4. Outdoor lighting associated with construction, or development within three hundred (300)
feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development
Code.
5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping
seaward of the 1974 Coastal Construction Control Line.
6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation
and in any areas disturbed by the proposed improvements. Re-vegetation shall be
completed, according to a plan submitted to and approved by Collier County
Environmental Staff, prior to the issuance of a Certificate of Occupancy.
7. Minor revisions to this variance approval (including changes in siting and structures) may
be approved, in writing, by the County Manager, or his/her designee.
Site specific conditions:
8. All invasive exotic plants listed on the Florida Exotic Pest Plant Council’s (FLEPPC) list
Category 1 and 2 must be removed from the existing beach dune vegetation.
9. Any gopher tortoise and or gopher tortoise burrow(s) located onsite must be protected in
accordance with LDC 3.04.02.
10. All areas seaward of the CCSL, outside of the footprint of approved structures and
improvements, shall be left in their natural condition, or landscaped using native coastal
dune vegetation exclusively.
3.E.a
Packet Pg. 1040 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
CCSV-PL20200000082, 10021 Gulf Shore Drive
January 14, 2021 Hearing Examiner Page 8 of 8
ATTACHMENTS:
Attachment 1) Application and Supporting Documents
3.E.a
Packet Pg. 1041 Attachment: Staff Report - Lloyd Bowein (CCSV) (14574 : PL20200000082 Lloyd Bowein (CCSV))
Crounty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
ENVIRONM ENTAL PLANNING
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(2391252-2400 FAX (239)252-6358
www.co I I ie rq ov. neUesd
COASTAL CONSTRUCTION SETBACK LINE VARIANCE PETITION APPTICATION
PETTTTON NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED/DUE DATE
ASSIGNED PLANNER
Dote of Public Heoring:
Conditions of Approvol:
BCC Approvol' ves ! tlo fl
ABOVE TO BE CONPLEIED BY STAFF
APPTICANT INFORMATION
Lloyd BoweinNATVIE OF OWNER(S)
,UAItING ADDRESS 10021 Gulfshore Blvd, Naples 34105
TELEPHONE #239-495-6700
E.MAIL ADDR.ESS: BOWE|N@ME.COM
FAX #
NAME OF AGENT Amanda D'Armenia
MAIuNG ADDRESS 13401 Rlclgnbaq(qf Pad(way, Fort Myqrs
TETEPHONE #239-495-6700 FAX #
E-ruArt ADDRESS: Amanda@iacksonpools.com
P ROPERTY I N FORIvIATION
Legot Descriprion of properry: _Conners Vanderbilt Bch Est Replat Unit 1 Blk A Lot 31
Street Address of Properly:1!Q4 qufsdshore Drive, Naples
Presenl Zoning:Presenl Use:
COASTAT CONSTRUCTION SETBACK LINE VARIANCE REQUEST
IDC 9.04.06
Proposed Con structio n/Activity:construction of residential pool and spa
Ground upon which pelitioner reliee for thc gronling of lhe vorionce. Pleose include relevonl IDC section:
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Packet Pg. 1042 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
C,o C-,omty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
ENVIRONMENTAL PLANNING
9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line
A. The coostql construclion setbock llne sholl be rhqt coostol construclloo selbock llne e:tobllshed by lhe DEP of
rhe Stote of Florido pursuont to F.S. S I 6l .053 ond recorded in Coostql selbock line Book l, poges I through 1 2
inclusive, recorded Oclober 31, 1974, os Clerk's lnstrumenl No. 365665 o{ the public records of Collier Counly,
Florido.
B. Setbqck llnes esloblished under this LDC sholl be revlewed upon pelltlon of offected riporion uplond owners.
The BCC of Collier County sholl decide, ofter due public nolice ond heoring, whethet o chqnge in the setbock line is
iustifled, ond sholl notify lhe petilioner ln wrltlng. Ihe present selbock lines ore presumed to be correcl, ond no chonge
in setbock lines ore presumed to be correct, ond no chonge in setbock llnes sholl be mode except upon on offlrmotive
showing by petltloner thot ony con$ruclion line estqblished hereunder is o minimum of 150 feet londword of the meon
high-woter line or seventy.five (75) leet londword of the vegetotion line whichever is greoler; qnd thot considering
ground elevotions in relotion to hisloricol storm ond hurricone lides, predicled mqximum wove uprush, beoch ond
of{shore ground contours, the vegetotion line, eroslon trends, the dune or bluff line, if qny exlsl, ond exisling uplond
developmenr, thot the generol public heolth ond welfore ore preserved, uplond properlies protected? ond beoch qnd
sond dune eroslon controlled.
C. lt sholl be unlowful for ony person, firm, corporotion, or ogency, public or privole, to conslruct, reconstruct, or
chonge exisling structures, moke ony excovotion, remove ony beoch moteriol or otherwise olter exisling ground
elevotlons, drive ony vehicle on, over or ocross ony sond dune, or domoge or couse to be domoged ony sond dune, or
the vegetotion growing thereon ond/or seoword of soid dune, seoword of the coq5tol conslruclion setbock line, except
os herelnofter provided.
D. lf in the immedlote contiguous or odiocent oreo o ''number of exisling struclurer" hove estoblished o
reosonobly continuous qnd uniform constructlon llne closer to fhe llne of meon high wqter thon the llne os hereln
estoblished, ond if soid existing slructures hove nol been unduly ofreded by erosion, o proposed slruclure moy be
permitted olong such line lf such proposed struclure ls olso opproved by the BCC.
E. The BCC moy qulhorize the construclion of pipelines or piers exiending oulword from lhe shoreline, unless il
determlnes thot the construclion oI such proiects would couse erosion of the beodr in lhe oreo of such slructures,
F. Reserved.
G. Procedures for obtoining vorionce.
l. A wrltlen petitlon requesllng q vorionce from the estobllshed setbock llne sholl be filed with lhe BCC
or their designee. The petitlon sholl set fodh!
o. A descripllon of petifloner's properly lo include the informotion requested on o current
Collier Counly request for o coostol construciion selbock line vorionce form;
b, A descrlpllon of lhe estobllshed selbock line qnd the line whlch petltioner wishes to be
voried;
c. The iustlficollon upon which fhe petilioner relies for the gronllng of the vorionce, to Include
complionce wilh lhe Colller County groMh monogement plon, conservollon ond coostol
monogemenl element.
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(2t91252-2100 FAX (239)252-6358
www.collieroov.neuesd
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Packet Pg. 1043 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
ENVIRONMENTAL PLANNING
I hove reod
Crounty
/- /3')oJP
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(23912s2-2400 FAX (239)2526 358
www.col I ierqov.neUesd
seclions of the Collier County [ond Developmenl Code.
Dote
SUB'vIITTAL REQUI REMENTS
) Non-refundoble Applicotion Fee: $1000 (Moke check poyoble to Boord of Collier County Commlssioners)
o Advertlslng Feer $800 (this is on estimote ond could be more or less)
) An 8 1/z x 71 reduction of plot plon in coses where plot plon is lorger thon 8 7z x I I
) Addressing Checklist
) DEP Permit, if o permit hos been issued (required prior to storting construction)
) An oeriol photogroph with the property cleorly delineoted (highlighted) ond the proposed oreos for site
improvements.
) Site Plon which must contoin the following (refer to LDC 9.04.06 os well)
o Generol locotion of lot, oll lol dimensions
o All existing slructures ond their exoct yord setbock dlstonces
o Locotion of qreo of the proposed work
o Locotion of the londword ond seowqrd edges of lhe dune (vegetotion line) ond o rough profile of
the existing dune
o Approximote locotions of existing strucrures on odiocent lots
o Vegetotion inventory in the oreo of proposed work
o The locotion of oll proposed structures in relotion to the CCSL
o The locotion ond exoct distonce from the CCSL for oll structures which ore being used to iustify your
Petition
o Show thot the proposed structures ore o minimum of 150 feet londword of the meon high-woter line
or 75 feet londword of the vegetotion line, whichever is greoter
o Demonstrote thot this proposed vorionce does not negotively offect public heolth qnd welfore,
uplond properties, couse beoch or dune erosion, Show finol elevotion in relotion to historicol storm
ond hurricone tides, predicted moximum wove uprush, beoch ond offshore ground contours, the
vegetotion line, erosion lrends, fhe dune or bluff line, if ony exist, ond exisfing uplond development
o The estoblished Coostol Construction Control Line os estoblished by low 119741
o Further informotion moy be requested os port of lhe review
> lf it is necessory to use o vehicle on the beoch for completion of the proiect, o Vehicle on the Beoch Permit shqll
be obtoined ond the work sholl be completed prior to Seo Turtle Nesting Seoson (Mqy I n through October
3'ln)
) A Listed Species Survey ond fee moy be required - to be determined ofter first review
) Return completed opplicotion pockoge to:
Growrh Monogemenl Division
lntoke Teom
2800 N Horseshoe Drive
Noples, FL 34104
of
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3.E.bPacket Pg. 1045Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
3.E.bPacket Pg. 1046Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
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Packet Pg. 1047 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
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Coastal Construction Setback Line Variance (#PL20200000082)
10021 Gulf Shore Dr.
Naples, FL 34108
December 21, 2020
Name of applicant: Lloyd Bowein
Agent: Nick Pearson (Turrell, Hall & Associates, Inc.)
Narrative:
The Collier County Land Development Code is responsible for limiting construction
within beach habitats for a myriad of reasons including ensuring ample resistance to storm
surge, maintaining aesthetics, and providing adequate access to the public, among other things.
To ensure these common elements are not infringed upon by individual property owners,
Collier County has a special review in place for projects that are built water-ward of the 1974
Coastal Construction Setback Line (CCSL). Lloyd Bowein, whose primary residence is at 10021
Gulf Shore Blvd. (folio #27530040005) is proposing to have approved the construction of a pool,
pool deck, fence, and decked pathway at his private residence for private use.
As stated above, the proposed structures consist of three main segments: a pool and deck area, a
fence, and decked pathway (which is partially existing). The pool and deck area will extend a
maximum of 54’ beyond the CCSL. The pool and deck area would be constructed
approximately 42’ from the landward vegetation line and approximately 162’ from the MHWL.
The proposed fence would extend a maximum of 90’ beyond the CCSL. The fence would be
constructed approximately 6’ landward of the landward-most vegetation line and
approximately 126’ landward of the Mean High-Water Line (MHWL). The existing decked
pathway extends 92’ beyond the CCSL. It can also be found a maximum of 3’ from the
vegetation line and 125’ from the MHWL.
Elevations can be seen on sheet 5 of the exhibits. The proposed fence (8.61 NAVD) will be
approximately 8.3 feet above the MHWL (0.31 NAVD). The top of the proposed pool (9.01
NAVD) will be approximately 8.7 feet above the MHWL. The combined effect of storm surge
and tidal swings during Hurricane Irma (September 2017) caused water levels to reach
approximately 3 to 5 feet above ground level or MHWL (3.9 to 5.06 NAVD) respectively in
Naples and Delnor-Wiggins State Park per records kept by NOAA. No other storm has
specifically hit this area of Naples so intensely in recent times and the proposed structures
would all have been located above the water line at the most intense portions of the storm.
Wave uprush, however, can add an additional 100% of height to an already elevated water level
during a storm event. This is because a wave can only physically attain a height equal to the
water depth in which it occurs. If the wave height exceeds the depth in which it occurs, it will
crash. Therefore, since the water levels were elevated roughly 4.75’ above the normal MHWL
during Hurricane Irma, the maximum wave uprush could potentially have reached an
additional 4.75’ of elevation, or 9.81’ NAVD (slightly less than 1 foot above the top of the
proposed pool). Waves of this nature would overtop the dune habitat all along the beach
regardless of man-made developments in the area.
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The entirety of the proposed project is located on private property in a location that has already
been disturbed by grading and which was previously a sodded lawn. Therefore, the project
location is landward of all dune habitats and will not affect any dune vegetation or coastal
armoring. Furthermore, the existing dune habitat that can be found water-ward of the proposed
project, and which is an average of roughly 40’ in width, will remain undisturbed as viable
habitat.
During an initial site visit on 4/2/2020, it was noted that the vast majority of vegetation within
the dune habitat was native (approximate total coverage of 80% to 100% by sea grape and sea
oats). Intermixed within the dune habitat are several individual invasive scaevola plants that
have yet to establish as a major presence on the site. As part of the proposed project, all scaevola
(and other invasive species) will be removed from the property and managed indefinitely.
Because the scaevola has not yet established itself on the property and affected coverage by
native vegetation, re-plantings likely will not be necessary. However, should they be required,
plantings will be completed as needed.
Because the beach and dune habitats on this site will be conserved and not be affected in any
way by the proposed project, it is our opinion that the recreational, educational, scientific, and
aesthetic value of the beach in the vicinity of the project site will actually be improved in terms
of public and private use. And considering that the proposed structures are non-livable
accessory structures that will be located landward of all dune habitat, we are therefore of the
opinion that the proposed project can be constructed without fear of harming dune habitat,
coastal armoring, or nearby upland developments that rely on natural protective dune barriers.
To clarify, no negative effects to public health and welfare or upland properties such as through
beach erosion are expected to occur with the proposed project.
Collier County’s Conservation and Coastal Management Element Objective 10.3 is divided
into fifteen (15) separate policy areas. These are summarized as follows: The applicable
responses to each element are listed after each item in italics.
Objective 10.3: Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal
Barrier Resources System, predominantly in their natural state and protect, maintain and
enhance their natural function.
The project site at this location has previously been affected by development from grading. Therefore,
further alterations to the proposed project site location will have no effect on coastal barrier resource
systems.
Policy 10.3.1:
"Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines
based on the amount of structures per acre of fastlands and for which no development approval
or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland
area as defined in the Federal Guidelines.
The project site, though located seaward of the 1974 CCSL, consists of previously graded upland area that
is landward of a dune habitat that is not currently mapped as included in a Coastal Barrier Resource
System (CBRS) per the U.S. Fish and Wildlife Service.
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Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be
compatible with protection of the natural form and function of the coastal barrier system.
Though not part of any dune habitat, restoration of the dune habitat adjacent to the project site will occur
with completion of the proposed project. The project is therefore compatible with protection of the natural
form and function of the dune habitat on site.
Policy 10.3.3: The highest and best use of undeveloped coastal barriers are as functioning
natural systems; therefore the first alternative to development should be consideration of
acquisition by or for the public benefit to preserve the natural function.
No development is proposed within a coastal barrier. Therefore, this does not apply. The existing dune
habitat will be improved through exotic vegetation removal and native plantings.
(VI) Policy 10.3.4: Public expenditures within Collier County’s undeveloped coastal barrier
system shall be limited to acquisition for purposes of public safety, education, restoration, and
removal of exotic vegetation, recreational use, and/or research facilities. Such uses will be
allowed only if the establishment of such use would not substantially alter the natural
characteristics and natural functions of the undeveloped coastal barrier system.
The natural dune habitat on this site will not be altered by the scope of the proposed project with the sole
exception being the removal of any exotic vegetation and planting of native vegetation. Therefore, the
proposed project abides by the uses listed within Policy 10.3.4.
Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing
medium in any coastal barrier vegetation or restoration program.
Vegetation of the dune habitat inside the boundaries of the subject property already averages %80 to
%100 coverage. Additionally, vegetation found within the natural dune habitat is comprised of over
(roughly) 95% native vegetation. It is therefore our opinion that plantings likely will not be necessary.
However, any plantings will comply with the table below. Any additional native species may be planted
with approval.
Proposed Plantings
Common name Scientific name Size
Sea grape Coccoloba uvifera 1 – 3 Gal.
Seaoats Uniola paniculate 1 gal.
Beachberry Scaevola plumieri 1 gal.
(VI) Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction
Setback Line on undeveloped coastal barriers. Exception shall be for passive recreational
structures, access crossovers, and where enforcement would not allow any reasonable economic
utilization of such property. In the latter event, require construction that minimizes interference
with natural function of such coastal barrier system.
The proposed improvements are for passive recreational structures that will be located in existing, already
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Packet Pg. 1050 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
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impacted areas.
Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally
functioning, undeveloped coastal barrier systems to insure the preservation of their natural
function. (IX) = Plan Amendment by Ordinance No. 2013-12 on January 8, 2013 Conservation
and Coastal Management Element as of Ordinance No. 2017-20 adopted June 13, 2017 46
Not applicable
(VI) Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not
exceed one (1) dwelling unit per five (5) acres or as already allowed for established legal
nonconforming parcels or lots of record.
The residence at the project site is pre-existing. The proposed project is for an accessory to the existing
residence and will not add any additional dwelling units.
Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the
extent that native vegetation is lost during land development activities and the remaining
native vegetation can be supplemented without damaging or degrading its natural function,
any native vegetation lost during construction shall be replaced by supplementing with
compatible native vegetation on site. All exotic vegetation shall be removed and replaced with
native vegetation where appropriate.
The project location is already cleared and void of vegetation. No additional loss of vegetation will occur.
Furthermore, plantings will occur to the project site and the adjacent dune habitat if necessary.
Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be
permitted to or on undeveloped barrier systems.
The project is for an accessory to a single-family residence. No bridges, causeways, or commercial marinas
are proposed.
Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be
allowed on undeveloped coastal barriers except in the interest of public safety or of land use
related hardship.
This project does not include any shoreline hardening.
(VI) Policy 10.3.12: Encourage the use of the “Planned Unit Development” (PUD) provisions of
the Zoning Ordinance for new development or redevelopment proposed to take place within
areas identified as Coastal Barrier system, with the exception of one single family dwelling unit
on a single parcel.
The proposed project is for an accessory to a single-family dwelling unit on a single parcel.
(VI) Policy 10.3.13: Substantial alteration of the natural grade on undeveloped coastal barriers,
through filling or excavation shall be prohibited except as part of an approved dune and/or
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beach restoration program, or as part of an approved public development plan for one or more
of the uses allowed by Policy 10.3.4, above.
No changes to the natural grade of existing natural dune habitats are proposed. All aspects of the
proposed project will occur in previously altered locations on the subject property.
(VI) Policy 10.3.14: Agriculture and timbering are not exempt from the above Goals, Objectives,
and Policies related to coastal barrier systems.
No agriculture or timbering are proposed with this project.
(VI)(XI) Policy 10.3.15: Development on undeveloped coastal barrier islands within the “Special
Treatment” (“ST”) zoning overlay district shall be reviewed through criteria established in the
land development regulations. Applicable Policies under Goal 10 will be used in developing
such criteria
The proposed project does not occur within a Special Treatment Overlay district.
Objective 10.4:
Restore and then maintain, when appropriate, developed coastal barriers and developed
shorelines, by establishing mechanisms or projects which limit the effects of development and
restores the natural functions of coastal barriers, including beaches and dunes
The project site currently is not functioning as a coastal barrier and therefore the proposed project will
have no negative effects to the existing coastal barrier, or dune habitat. Furthermore, exotic removal and
maintenance of the existing barrier will occur in conjunction with the proposed project, p roviding a net
benefit to the beach and dunes.
Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the
developed coastal barriers and the urban beach and dune systems.
The project site is a previously impacted area of land that is not currently functioning as part of the dune
habitat. Therefore, development of this area should be environmentally acceptable.
Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect
existing structures, considering the total beach system and adjacent properties.
There are no shore hardening structures proposed with this project. Furthermore, all aspects of the
proposed project will occur landward of the existing dune habitat.
Policy 10.4.3: Collier County shall prohibit activities which would result in man-induced
shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach
and dune system. Implementation of this Policy will be based upon available scientific/coastal
engineering literature/studies that have established benchmarks for natural rates of beach
erosion.
The footprint of the proposed project occurs completely outside (landward) of the existing shoreline and
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and dune habitat and therefore will not affect erosion of the beach or dune.
Policy 10.4.4: Require dune stabilization and restoration improvements in land development
projects along beach areas.
No dune habitat will be affected by the proposed project. However, exotic removal and plantings will
occur as necessary to maintain the dune habitat in a natural, healthy state.
Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs
where appropriate.
The applicant has proposed to remove any exotic vegetation from the dune habitat and complete plantings
as necessary to support beach and dune restoration.
Policy 10.4.6: Require native vegetation as landscaping in development activities in developed
coastal barrier systems and on the beach and dune systems.
The applicant has agreed to only utilize native plant species for plantings, should they be necessary,
within dune habitats on site.
Policy 10.4.7: Collier County shall prohibit construction seaward of the Coastal Construction
Setback Line except where such construction would be permitted pursuant to the provisions of
the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no
reasonable economic utilization of the property in question, or for safety reasons. In such cases,
construction will be as far landward as is practicable and effects on the beach and dune system
and the natural functions of the coastal barrier system shall be minimized.
The proposed project is for a private recreational use by the property owner and will have no potential
economical utilizations associated with it. Neither will the proposed project create any safety concerns.
Therefore, the project has been located as far landward as is practicable and effects on the beach and dune
system have been reduced to zero.
Policy 10.4.8: Collier County shall allow construction seaward of the Coastal Construction
Setback Line for public access and protection and activities related to restoration of beach
resources. Such construction shall not interfere with sea turtle nesting, will utilize native
vegetation for dune stabilization, will maintain the natural beach profile, will minimize
interference with natural beach dynamics, and, where appropriate, will restore the historical
dunes with native vegetation.
The proposed project and construction will not interfere with sea turtle nesting, will utilize only native
vegetation for plantings associated with dune stabilization, will maintain the natural beach profile, will
minimize interference with natural beach dynamics, and will restore the historical dunes with native
vegetation if necessary.
Policy 10.4.9: Collier County shall prohibit seawall construction on properties fronting the Gulf
of Mexico except in instances where erosion poses an imminent threat to existing buildings.
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No seawalls are proposed as part of the proposed project.
Policy 10.4.10: The County shall prohibit vehicles on beaches and dunes except for the
following:
1. Emergency vehicles responding to incidents.
2. Vehicles associated with environmental maintenance, environmental monitoring, or
conservation purposes.
3. Vehicles limited to set-up and removal of equipment of permitted events, in
conjunction with permanent concession facilities, or permitted uses of commercial
hotels.
4. Beach raking or beach cleaning.
5. Vehicles needed for beach nourishment or inlet maintenance
6. Vehicles necessary for construction that cannot otherwise access a site from an upland
area.
Vehicles shall be operated in a manner that does not negatively impact the beach or dune
environment. Additional protective regulations shall apply during sea turtle nesting season.
No vehicles will be driven on the sandy beach or dune habitat as part of this project.
Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional
access or parking areas to provide utilization of the high-capacity urban beaches.
The proposed project is for a private, single-family residence and will not affect public utilization or access
to the beach. Public entrances are already available less than 1 mile to the north and south of the project
site.
Policy 10.4.12: In permitting the repair and/or reconstruction of shore parallel engineered
stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will
be replaced with, or fronted by, riprap. b. Where appropriate, repaired structures will be
redesigned and/or relocated landward to align with adjacent structures.
No shore stabilization structures are proposed as part of this project.
Policy 10.4.13: Development and redevelopment proposals shall consider the implications of
potential rise in sea level.
The proposed structures are all located well landward of the dune habitat and current Mean High-Water
Line (MHWL) and should not be affected by sea level rise. Specifically, the proposed structures are all
located between 8 and 9 feet above the MHWL.
Should additional information or clarification be required, please do not hesitate to contact Nick
Pearson at (239) 643-0166 or email Nick@THAnaples.com.
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Packet Pg. 1054 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.262406<> LONGITUDE:W 81.824628SITE ADDRESS:<> 10021 GULF SHORE DRNAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg LOCATION 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ06-08-2020027-2925BOWEIN - 10021 GULF SHORE DRLOCATION PAGE48-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.E.bPacket Pg. 1055Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg FLUCFCS 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ06-08-2020027-2925BOWEIN - 10021 GULF SHORE DRFLUCFCS MAP48-------------------02 OF 07UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):0.650.650·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYFLUCFCSDESCRIPTIONAREA(AC)120RESIDENTIAL, MEDIUM DENSITY<TWO-FIVE DWELLING UNITS PERACRE>0.47181SWIMMING BEACH0.08322COASTAL SCRUB0.10TOTAL0.65120181322322GULF SHORE DR3.E.bPacket Pg. 1056Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg VEG MAP 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ06-08-2020027-2925BOWEIN - 10021 GULF SHORE DRVEGETATION INVENTORY MAP48-------------------03 OF 07CABBAGE PALMARECA PALM·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYGULF SHORE DRSEA OATSSEA GRAPESSEA OATSSEA GRAPESCABBAGEPALM (TYP)ARECA PALM(TYP)241SEA GRAPESEA OATS0.06 AC0.04 ACSUPPLEMENTAL PLANTING TOOCCUR AS NEEDED WITHREMOVAL OF INVASIVE EXOTICSPECIES3.E.bPacket Pg. 1057Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
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'8.5' XNESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg CCSL 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ06-08-2020027-2925BOWEIN - 10021 GULF SHORE DRCCSL MAP48-------------------04 OF 07·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYGULF SHORE DRCOASTAL CONSTRUCTIONSETBACK LINE (1974)PROPOSED POOL & SPA59'286'286'99'100'35'19'162'NOTE: ALL WORK TOOCCUR NO CLOSER THAN150' FROM THE MHWLMHW = +0.31'(NAVD 88)WATER-WARDVEGETATIONLINE42'LAND-WARDVEGETATIONLINEEXISTING DECKED PATH36'126'ORIGINAL HOUSE CONSTRUCTEDIN 1957 PER THE COLLIERCOUNTY PROPERTY APPRAISER(PERMIT # UNAVAILABLE)LEGAL DESCRIPTION: LOT 31, BLOCK A, RE-SUBDIVISION OFPART OF CONNER'S VANDERBILT BEACH ESTATES, UNIT 1,ACCORDING TO THE PLAT IN PLAT BOOK 3, PAGE 18, PUBLICRECORDS OF COLLIER COUNTY, FLAA0590'54'6'3'125'92'3.E.bPacket Pg. 1058Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
8.3' ABOVE MHWL8.61' NAVD7.6' ABOVE MHWL7.91' NAVD7.2' ABOVE MHWL7.51' NAVD5.4' ABOVE MHWL5.71' NAVD4.2' ABOVE MHWL4.51' NAVD1.6' ABOVE MHWL1.91' NAVD8.7' ABOVE MHWL9.01' NAVDMHWL ELEVATION0.31' NAVDTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg SECTION 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ06-08-2020027-2925BOWEIN - 10021 GULF SHORE DRSECTION AA48-------------------05 OF 07·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYWATER-WARD DUNE /VEGETATION LINE4.51' NAVDLAND-WARD DUNE /VEGETATION LINE7.91 NAVDPROPOSEDFENCE1974 CCSL27.5'36'54'90'190'BOTTOM OF POOL,1.67' NAVDMAXIMUM PREDICTED WAVEUPRUSH DURING HURRICANEIRMA: 9.81 NAVDHURRICANE IRMAMAXIMUM RECORDEDTIDE LEVEL: 5.06 NAVD3.E.bPacket Pg. 1059Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
4'3'2'1'5'6'7'NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg SHORELINE 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ10-07-2020027-2925BOWEIN - 10021 GULF SHORE DRSHORELINE CONTOURS48-------------------06 OF 07·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYGULF SHORE DRMHW = +0.31'(NAVD 88)3.E.bPacket Pg. 1060Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
N
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200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\20027 Bowein-10021 Gulf Shore Dr\CAD\PERMIT-COUNTY\20027-COUNTY.dwg ADJACENT DEVELOPMENT 10/8/2020THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:NPRMJ10-07-2020027-2925BOWEIN - 10021 GULF SHORE DRADJACENT DEVELOPMENT48-------------------07 OF 07·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYGULF SHORE DRAPPROXIMATEWATERLINE119'175'128'168'
130'
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123'
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182'APPARENTLIMITS OFDEVELOPMENTAPPARENTLIMITS OFDEVELOPMENT143'3.E.bPacket Pg. 1061Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
LISTED SPECIES SURVEY REPORT
APRIL 2020
PREPARED FOR:
LLOYD BOWEIN
10021 GULF SHORE DR.
NAPLES, FL 34108
PREPARED BY:
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Packet Pg. 1062 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
10021 Gulf Shore Dr.
Listed Species Survey Report
April 2020
1
I. Introduction
Turrell, Hall & Associates, Inc. (THA) has performed a preliminary listed species assessment at
the property of 10021 Gulf Shore Dr. in Naples, Florida. The property where the project site can
be found is located within Section 29, Township 48 S, and Range 25 E in Collier County at
coordinates N 26.262351, W -81.8247846 and is approximately 0.65 acres in size.
This document addresses state and federally listed species that may be associated with the
proposed project lands and the effect, or lack thereof, of this project on these species. The
species at issue include:
• Gopher tortoise (Gopherus polyphemus)
The goal of this assessment was to provide an accurate count and location of any of the above
species or evidence thereof. The result of the analysis in this document is a determination that the
development activities proposed are not likely to adversely affect any of the above listed species.
The reasoning behind this conclusion is further discussed in the Results & Discussion section
below (Section 3). This document is based on information compiled from the South Florida Multi-
Species Recovery Plan ("SFMSRP"), Statewide Programmatic Biological Opinions, wildlife
surveys, field inspections, and other sources of information.
Gopher Tortoise
The gopher tortoise is a medium sized tortoise that generally reaches a total length of 10 to 12
inches and which is fully adapted for life in upland habitats. They commonly utilize habitats such
as sandhills, upland scrub, xeric oak hammocks, or disturbed sites such as pastures or developed
building sites to dig burrows. Gopher tortoises tend to gravitate towards habitats containing a
sparse canopy with an open understory as this allows for easy navigation of habitat and burrows
can often be structurally supported by tree roots. Gopher tortoises typically avoid dense forests
as abundant roots can act as insurmountable obstacles for burrow excavation.
Gopher tortoises construct burrows of usually 5 to 15 feet in length (though they can sometimes
be much longer) to avoid predation and for shelter from inclement weather such as cold
temperatures. Habitats containing or being actively utilized by gopher tortoises are easily
identified by the burrow apron of fresh (often white) sand that is excavated from the b urrow
which is often “decorated” with droppings in and round the burrow entrance.
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Packet Pg. 1063 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
10021 Gulf Shore Dr.
Listed Species Survey Report
April 2020
2
II. Methodology
The basic objective of any wildlife survey is to obtain evidence that wildlife species are utilizing
the subject site. The site may serve as a primary or secondary feeding/foraging or nesting zone
or merely be adjacent to those sites for a particular listed species.
Before any survey is carried out, a number of publications and references are consulted, including
The Official List of Florida’s Endangered Species, Threatened Species, and Species of Special
Concern, Florida Fish and Wildlife Conservation Commission (FFWCC) Wildlife Methodologies
Guidelines, The Standardized State-Listed Animal Survey Procedures for SFWMD ERP Projects,
and the Florida Natural Areas Inventory (FNAI), and Collier County aerial photography.
Additionally, prior to arriving on-site, aerial photos and FLUCCS mapping of the site are
consulted and a system of meandering transects are plotted throughout the project site, intended
to be followed during any site visit(s). During a site visit, a slow pace along the transects is
maintained, stopping every few minutes to look and listen for movement, calls of any animals,
burrows in the ground, tree cavities, and other direct or indirect evidence of utilization. Any
evidence found is located with a GPS and noted in anticipation of the need for further
investigation prior to clearing.
If a burrow is found during any survey period, it is noted and located with a hand-held GPS.
Then it is examined, and the activity status of each individual burrow is determined and
recorded. Burrows are classified according to Wildlife Methodology Guidelines of the FWC as:
Potentially Occupied – readily apparent, recent utilization of the burrow by tortoises. This
is apparent from tracks or drag marks, recent excavation, and open, maintained burrow
entrances.
Abandoned – no evidence of recent utilization and deteriorated status of burrow entrance.
Leaf litter, cobwebs, and debris covering the burrow and/or entrance point towards
evidence of a lack of utilization.
Other Species – burrow shape is clearly not consistent with a crescent shape, tortoise
tracks are not present, a signature apron of white sand and/or decorations are absent from
the burrow entrance, etc.
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Packet Pg. 1064 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
10021 Gulf Shore Dr.
Listed Species Survey Report
April 2020
3
III. Results & Discussion
The survey was conducted on April 2nd, 2020 and was conducted according to guidelines of the
Florida Fish and Wildlife Conservation Commission. The project site consisted of a single-family
residence and landscaping, which composed the majority of the 0.65-acre parcel. A portion of the
rear yard consisted of a coastal dune and beach habitat vegetated predominantly with sea oats
and sea grape. Substrate consists of white, fine sand with sparse intermixed shell. To the west of
the project site is additional sandy beach and to the North and east are additional single-family
residences, and to the south is a hotel. The conditions present at the time of the survey can be
seen below in Table 1.
Table 1: Conditions present during the tortoise survey at the subject property:
Survey
Date
Time Surveyed Temperature
(°F)
Wind Conditions
(mph)
Weather
4/2/2020 9:00 a.m. – 10:00 a.m. 63 – 69 5 – 15 Sunny
During the survey period, no direct or indirect evidence of listed species utilization was observed.
Because no evidence of listed species or utilization was observed during the initial site visit, no
secondary site visits were conducted.
While the project site contained no burrows, it should be noted that the habitat composition of
some areas of the site are consistent with that which may be utilized by the gopher tortoise.
Therefore, it is possible that the surrounding area may still be utilized. However, considering the
project site was void of listed species or evidence thereof, negative effects to listed species are not
expected to occur as a result of the proposed project. If there is reasonable concern that tortoises
may wander into the work site during construction, silt fence may be utilized to limit such
movements until work has concluded.
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Packet Pg. 1065 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
10021 Gulf Shore Dr.
Listed Species Survey Report
April 2020
4
IV. Conclusion
Based upon this survey, it is THA’s opinion that construction at the proposed work site will not
impact any listed species as no evidence such as active burrows or specimens were observed
during the course of the survey. Thus, no wildlife permits should be required for any planned
construction.
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Packet Pg. 1066 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
10021 Gulf Shore Dr.
Listed Species Survey Report
April 2020
5
V. Conclusion
Photo 1: Proposed project site location within the surveyed property, looking north.
Photo 2: Proposed project site location with the dune habitat visible in the background.
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Packet Pg. 1067 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
10021 Gulf Shore Dr.
Listed Species Survey Report
April 2020
6
Photo 3: Boundary of coastal dune habitat found on-site, looking north.
Photo 3: View of coastal dune habitat from the beach looking east.
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Packet Pg. 1068 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
a
STATE OF FLORIDA
OEPARTMENT OF ENVIRONMENTAL PROTECTION
Division ol Walor B63ounco Menagomont
26q) Blair Stone noad ' Mail Ststion 3522
Tallahassoo, Forid. 32399-2400
(850) 2ilIi-83:!6
PERMITNUMBER: CO-1085
PERMITTEE
Lurline S. and Itloyd L. Bowein
c/o Chad Jackson
Jackson Pools Incorporated
13401 Rickenbacker Parkway, Unit I
Fort Myers, Florida
NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from
affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated
in the project description ofthis permit are ofsuch a nature that they will result in no significant adverse impacts
to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea
turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed
in accordance with Section 628-33.005, Florida Administrative Code. The direct and cumulative impacts to the
beach and dune system that will be caused by the seaward location and shore-parallel width of the proposed
construction represent the maximum such impacts that are acceptable to the Department. Therefore, future
construction on the site seaward ofthe coastal construction control line shall not extend further seaward of, or
increase the shore-parallel coverage occupied by, the proposed structures approved pursuant to this permit.
Based on the foregoing considerations, the Department approves the application; authorizes construction and/or
activities at the location indicated below in strict accordance with the project description, the approved plans
and the General Permit Conditions which are by this reference incorporated herein, and any additional conditions
shown below, pursuant to Section 161.053(4), Florida Statutes.
EXPIRATION DATE: December 13,2022
LOCATION: Between approximately 20 feet and 120 feet north of the Department of Environmental
Protection's reference monument R-26, in Collier County. Project address: 10021 Gulf Shore Drive, Naples.
PROJECT DESCRIPTION:
Addition of PooUSpa to Seaward Side of Existing Single-Family Dwelling
1. Location relative to control line: A maximum of252.8 feet seaward.
2. Exterior dimensions: 16.9 feet in the shore-normal direction by 38.4 feet in the shore-parallel direction.
3. Type of foundation: Helical pile.
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal
construction control line that are indicated in the project description, was filed by the applicant/permittee named
herein on May 16,2019, and was determined to be complete pursuant to rule on November 21, 2019. The
proposed major structure is to be located landward of the 3O-year erosion projection and the existing line of
construction established by major structur€s in the immediate area.
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Packet Pg. 1069 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
PERMITTEE: Lurline S. and Lloyd L. Bowein
PERMIT NUMBER: CO-1085
PAGE 2
4. Deck elevation of swimming pool: +9.0 feet (NAVD).
5. Bottom elevation of s\ imming pool: +1.7 feet (NAVD).
6. Marimum depth of swimming pool: 6 feet.
7. Height ofpool deck above existing grade: 1 foot.
Excavation/Fill
l. Total volume of excavation: Approximately 103.9 cubic yards. Volume of net excavation: None;
excavated material to be placed as fill on the project site.
2. Location ofexcavation: From approximately 236 feetto 253.3 feet seaward ofthe control line.
3. Maximum depth of excavation: To elevation +1.7 feet (NAVD); 7 feet below existing grade.
4. Volume of fill to be placed: Approximately 103.9 cubic yards.
5. Location of fill to be placed: From approximately 235 feet to approximately 255 feet seaward ofthe
control line.
Other Structures/Activities
A 6l-foot wide wood swimming pool deck attached to the periphery of the swimming pool and spa is to
be located a maximum of253.3 feet seaward ofthe control line.
A concrete mechanical equipment pad of dimensions l2 feet shore-normal by 6 feet shore-parallel is to
be located on the southwest comer ofthe house.
3. Pool/spa lighting.
SPECIAL PERMIT CONDITIONS:
Prior to commencement ofconstruction activity authorized by this permit, a preconstruction conference
shall be held at the site among the contractor, the owner or authorized agent, and a staff representative
ofthe Department to establish an understanding among the parties as to the items specified in the special
and general conditions ofthe permit. The proposed locations ofthe structures shall be staked out for the
conference. Contact Jessica Thomas at (239) 344-5627 to schedule a conference.
Prior to commencement of construction activity authorized by this permit, a temporary construction
fence shall be erected along the perimeter of the permifted activity. The fence shall remain in place until
the construction authorized by this permit is complete. The optimum siting of the construction fence
shall be determined during the preconstruction conference by the staff representative so as to provide
maximum protection to the existing native vegetation and dune features located on the site.
All lighting shall be installed and maintained as depicted in the approved lighting schematic. No
additional permanent exterior lighting is authorized.
2
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3
2.
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Packet Pg. 1070 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
PERMITTEE: Lurline S. and Lloyd L. Bowein
PERMITNUMBER: CO-1085
PAGE 3
Permittee shall submit compliance reports as specified in Special and General Permit Conditions ofthis
permit. General Permit Condition 1(r) pertain to a written report which must be submitted to the
Department of Environmental Protection at specilied times. The form for the report: l(r) Final
Certification (DEP Form 73-ll58) is available by clicking on the following link
http://www.dep.state.fl.us/beaches/forms.htm#CCCL. The form may be submitted electronically.
GENERAL PERMIT CONDITIONS:
(l) The following general permit conditions shall apply, unless waived by the Department or modified by
the permit:
(a) The permittee shall carry out the construction or activity for which the permit was granted in accordance
with the plans and specifications that were approved by the Deparknent as part of the permit. Deviations
therefiom, without written approval from the Depar0nent, shall be grounds for suspension of the work and
revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessment of civil fines or
issuance ofan order to alter or remove the unauthorized work, or both. No other construction or activities shall
be conducted. No modifications to project size, location, or structural design are authorized without prior written
approval fiom the Department. A copy ofthe notice to proceed shall be conspicuously displayed at the project
site. Approved plans shall be made available for inspection by a Department representative.
(b) The permittee shall conduct the construction or activity authorized under the permit using extreme care
to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent
property and structures.
(c) The permittee shall allow any duly identified and authorized member ofthe Department to enter upon
the premises associated with the project authorized by the permit for the purpose of ascertaining compliance
with the terms of the permit and with the rules of the Department until all construction or activities authorized
or required in the permit have been completed and all project performance reports, certifications, or other
documents are received by the Department and determined to be consistent with the permit and approved plans.
(d) The permiuee shall hold and save the State ofFlorida, the Department, and its officers and employees
harmless fiom any damage, no matter how occasioned and no matter what the amount, to persons or property
that might result from the construction or activity authorized under the permit and fiom any and all claims and
judgments resulting from such damage.
(e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information
relating to construction or any activity under the permit, which are submitted, for any purpose necessary except
where such use is otherwise specifically forbidden by law.
(0 Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward
of the control line unless specifically authorized by the permit. lf the Department determines that this
requirement is not being met, positive control measures, such as temporary fencing, designated access roads,
adjustment ofconstruction sequence, or other requirements, shall be provided by the permittee at the direction
ofthe Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats.
(g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly
authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall
be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune
vegetation. When required for mitigation, dune vegetation will be considered successfully established if within
180 days of planting, a minimum of80 percent of the planting units survive, a minimum of80 percent ofthe
planted area is covered with native species and the vegetation is continuous without gaps along the shoreline.
(h) All fill material placed seaward ofthe CCCL shall meet the requirements ofsubsection 628-33.005(7),
F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall
be obtained from a source landward ofthe CCCL.
4.
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Packet Pg. 1071 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
PERMITTEE: Lurline S. and Lloyd L. Bowein
PERMIT NUMBER: CO-1085
PAGE 4
(i) If surplus sand fill results liom any approved excavation seaward ofthe control line, such material shall
be distributed seaward ofthe control line on the site, as directed by the Department, unless otherwise specifically
authoized by the pennit. Sand fill placed seaward ofthe fiontal dune, bluffor coastal armoring in manne turtle
nesting habitat shall be configured such that it does not interfere with marine turtle nesting.
O Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the
same species or, by authorization ofthe Department, with other native salt-tolerant vegetation suitable for beach
and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach
and coastal areas - whether to replace vegetation displaced, damaged, or destroyed during construction or
otherwise - shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw
palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock
indigenous to the region in which the project is located.
(k) All topographic restoration ard revegetation work is subject to approval by the Departrnent, and the
status ofrestoration shall be reported as part ofthe final certification ofthe actual work performed.
(l) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of
equipment or materials is authorized seaward ofthe dune crest or rigid coastal structure during the marine turtle
nesting season. The marine turtle nesting season is May I through October 3l in all counties except Brevard,
Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs
during the period ofMarch I through October 3l.
(m) Ifnot specifically authorized elsewhere in the permit, no temporary lighting of the construction area is
authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is
authorized.
(n) All non-opaque walls, balcony railings, deck railings, windows and doors visible from any point on the
beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less
through the use of tinted glass or window film.
(o) The permit has been issued to a specified property owner and is not valid for any other person unless
formally transfened. An applicant requesting transfer of the permit shall sign the permit transfer agreement
form, agreeing to comply with all terms and conditions of the permit, and retum it to the Department. The
transfer request shall be provided on the form entitled "Permit Transfer Agreement" - DEP Form 73-103
(Revised l/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit
until the new owner has received a copy ofthe transfer agreement approved by the Departmenl. A copy ofthe
transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not
be transferred. Copies of the "Permit Transfer Agreement" form are available at the following website:
hupsl/floridadep.govlwater/coastal-construction-control-line/contentJcoastal-construction-controlJine-cccl-
forms.
(p) The permittee shalI immediately inform the Department of any change of mailing address ofthe permittee
and any authorized agent until all requirements ofthe permit are met.
(q) For permits involving habitable major structures, all construction on the permitted structure shall stop
when the foundation pilings have been installed. At that time the foundation location form shall be submitted to
and accepted by the Department prior to proceeding with further vertical construction above the foundation. The
form shall be signed by a professional surveyor, licensed pursuant to chapter 472, F.S., and shall be based upon
such surveys performed in accordance with chapter 472, F.5., as are necessary to determine the actual
configuration and dimensioned relationship ofthe installed pilings to the control line. The information shall be
provided to the Department using the form entitled "Foundation Location Certification" - DEP Form 73-1148
(Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is
acceptable. The Department shall notifu the permittee of approval or rejection of the form within seven (7)
working days after staffreceipt ofthe form. All survey information upon which the form is based shall be made
available to the Deparftnent upon request. Permits for repairs or additions to existing structures with
nonconforming foundations are exempt from this condition.
3.E.b
Packet Pg. 1072 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
PERMITTEE: Lurline S. and Lloyd L. Bowein
PERMIT NUMBER: CO-1085
PAGE 5
(r) For permits involving major structures and exterior lighting on major structures, tlle permittee shall
provide the Department with a report by a registered professional within 30 days following completion ofthe
work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the
Department with a report by an engineer licensed in the State ofFlorida within 30 days following completion of
the work. The repo( shall state that all locations specified by the permit have been verified and that other
constuction and activities authorized by the permit, including exterior lighting, have been performed in
compliance with the plans and project description approved as a part of the permit and all conditions of the
permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and
any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 628-
33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in
writing no later than 30 days following expiration ofthe permit. The report shall be provided on the form entitled
"Final Certification" DEP Form 73-ll5B (Revised 9/05), which is hereby adopted and incorporated by
reference. Copies of the "Final Certification" form are available at the following website:
https://floridadep.gov/water/coastal-construction-control-line/contenUcoastal-construction+ontrol-line-cccl-
forms.
(s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering
review and assessment ofthe design and anticipated performance and impact ofthe structure as a complete unit.
Construction ofany less than the complete structure as approved by the Departrnent is not authorized and shall
result in the assessment ofan administrative fine and the issuance ofan order to remove the partially constructed
structur€. Modifications to the project size, location, or structural design shall be authorized by the Department
in accordance with rute 628-33.013, F.A.C.
(2) The permittee shall not commence any excavation, construction, or other physical activity on or
encroaching on the sovereignty Iand ofFlorida seaward ofthe mean high water line or, ifestablished, the erosion
control line until the permittee has received from the Board ofTrustees ofthe Intemal Improvement Trust Fund
the required lease, license, easement, or other form ofconsent authorizing the proposed use.
(3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or
municipal law.
(4) This permit does not authorize trespass onto other property.
(5) In the event of a conflict between a general permit condition and a special permit condition, the special
permit condition shall prevail.
(6) Copies ofany forms referenced above can be obtained by contacting the Department ofEnvironmental
Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at
httpsl/floridadep.gov/wate coastal-construction-control-line/contentJcoastal-constructionrontrol-line-cccl-
forms or by telephoning (850)245-8336.
CAVEAT:
Due to potential adverse impacts to the beach and dune system that may result from additional development on
the property, the shore-parallel and seaward extent of the permitted structures shall not be increased, nor will
any additional major structures be permitted which would exceed the limits established by the permitted
construction seaward ofthe coastal construction control line.
Approved plans are incorporated into this permit by reference.
3.E.b
Packet Pg. 1073 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
PERMITTEE: Lurline S. and Lloyd L. Bowein
PERMITNUMBER: CO-1085
PAGE 6
NOTICE OFRIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an
administrative hearing is timely filed under Sections 120.569 and 120.57, F.5., before the deadline for filing a
petition. On the filing ofa timely and sufficient petition, this action will not be final and effective until further
order of the Departrnent. Because the administrative hearing process is designed to formulate final agency
action, the hearing process may result in a modification ofthe agency action or even denial ofthe application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an administrative
proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301,
F.A.C., a petition for an adminishative hearing must contain the following information:
(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 ofthe 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 ofthe proceeding; and an explanation ofhow the petitioner's substantial interests are or 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 ofall disputed issues of material fact. Ifthere are none, the petition must so indicate;
(e) A concise statement ofthe ultimate facts alleged, including the specific facts that the petitioner contends
warrant reversal or modification ofthe agency's proposed action;
(0 A statement ofthe specific rules or statutes that the petitioner contends require reversal or modification
ofthe agency's proposed action, including an explanation of how the alleged facts relate to the specific
rules or statutesl and
(g) A statement ofthe reliefsought by the petitioner, stating precisely the action that the petitioner wishes
the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office ofGeneral Counsel ofthe Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence
at Agency_Clerk@dep.state.fl.us. Also, a copy ofthe petition shall be mailed to the applicant at the address
indicated above at the time of filing.
Time Period for Filine a Petition
In accordance with Rule 62-110.106!), F.A.C., petitions for an administrative hearing by the applicant and
persons entitled to written notice under Section 120.60(3), F.S., must be filed within 2ldays ofreceipt ofthis
written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written
notice under Section 120.60(3), F.S., must be filed within 2l days ofpublication ofthe notice or within 2l days
ofreceipt ofthe written notice, whichever occurs first. The failure to file a petition within the appropriate time
period shall constitute a waiver ofthat person's right to request an administmtive determination (hearing) under
Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any
subsequent intervention (in a proceeding initiated by another party) wil'l be only at the discretion ofthe presiding
officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
3.E.b
Packet Pg. 1074 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
PERMITTEE: Lurline S. and Lloyd L. Bowein
PERMIT NUMBER: CO-1085
PAGE 7
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action
may also request an extension of time to file a petition for an administrative hearing. The Depsrtment may, for
good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with
the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the
deadline for filing a petition for an administrative hearing. A timely request for extension oftime shall toll the
running ofthe time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
Judicial Review
Once this decision becomes final, any party to this action has the right to seekjudicial review pursuant to Section
120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190
with the Clerk of the Deparffnent in the Office of General Counsel (Station #35, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy ofthe Notice ofAppeal accompanied by the
applicable filing fees with the appropriate district court ofappeal. The notice must be filed within 30 days from
the date this action is filed with the Clerk of the Department.
EXECUTION AND CLERICNG
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
John Glunn, Permit Manager
Coastal Construction ControI Line Program
Division of Water Resource Management
CERTITICATE OF SERVICL
The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were
sent on the filing date below to the following listed persons:
Chad Jackson,manda ackso
Property owner bowein
Jessica Thomas, Field lnspector, Jessica.L.Thomas@FIoridaDEP.gov
Sue Faulkner, Principal Planner, Collier County, Sue.Faulkner@colliercounwfl.eov
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which
is hereby acknowledged.
1211312019
Date
Vr/atua. Saela<-
Clerk
,4 4,,;//, . ^ ---
FILING A]\ID ACKNOWLEDGMENT
3.E.b
Packet Pg. 1075 Attachment: Application and Supporting Documents (14574 : PL20200000082 Lloyd Bowein (CCSV))
01/14/2021
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.F
Item Summary: PETITION NO. CUD PL20200001534 - A request to determine that a propane
distribution facility is a comparable and compatible use within the industrial designated area of the
Whitelake Industrial Corp. Park PUD, as authorized in section 3.2.A.36 of Ordinance 01-59. The subject
property is within the Activity Center #9 Overlay zoning district and located between Plover Ave. and
Whitelake Blvd. in Section 35, Township 49, Range 26, Collier County, Florida. [Coordinator: Parker
Klopf- Senior Planner] Commissioner District 5
Meeting Date: 01/14/2021
Prepared by:
Title: – Zoning
Name: Parker Kloph
01/06/2021 9:23 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
01/06/2021 9:23 AM
Approved By:
Review:
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/06/2021 11:03 AM
Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 01/06/2021 11:51 AM
Zoning Ray Bellows Review Item Completed 01/06/2021 5:39 PM
Zoning Anita Jenkins Review Item Completed 01/06/2021 6:47 PM
Hearing Examiner Andrew Dickman Meeting Pending 01/14/2021 9:00 AM
3.F
Packet Pg. 1076
PCUD-PL20200001534 Page 1 of 5
1/14/2021
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING: January 14, 2021
SUBJECT: PCUD-PL20200001534, Whitelake Industrial Corp. Park
_________________________________________________________________________
APPLICANT/AGENT:
Owner: K & C Holdings of SW FLA Inc. Applicant: Stantec Consulting Services Inc.
5575 Meridian Way 901 Ponce De Leon Blvd.
Oakwood, GA 30566 Coral Gables, FL 33134
Agent: Jared Beck
Stantec Consulting Services Inc.
901 Ponce De Leon Blvd.
Coral Gables, FL 33134
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) affirm a zoning verification letter, issued by
the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff
determined that the proposed use of propane storage and distribution facility (SIC 5171) is
comparable in nature to other permitted principal uses in the Industrial designated area under
section 3.2.A.36 of the Whitelake Industrial Corp. Park PUD, Ordinance No. 01-59.
GEOGRAPHIC LOCATION:
The subject property is located between Plover Ave. and Whitelake Blvd. in Section 35,
Township 49, Range 26, Collier County, Florida, consisting of ±1.22 acres of the ±144.4 PUD.
3.F.a
Packet Pg. 1077 Attachment: Staff Report PCUD-PL20200001534 suburban propane whitelake industrial corp park (14654 : PL20200001534 Suburban Propane
PCUD-PL20200001534 Page 2 of 5
1/14/2021
3.F.aPacket Pg. 1078Attachment: Staff Report PCUD-PL20200001534 suburban propane whitelake industrial corp park (14654 :
PCUD-PL20200001534 Page 3 of 5
1/14/2021
SURROUNDING LAND USE & ZONING:
North: Plover Ave. ROW and Retention Pond Area of the Whitelake Industrial Corp. Park
PUD
East: Coast Pump and Supply warehouse located within an industrial tract of the
Whitelake Industrial Corp. Park PUD
South: White Lake Blvd. ROW and I/75 ROW
West: Vacant Industrial designated parcel of the industrial designated area
Aerial Photo (Collier County GIS)
3.F.a
Packet Pg. 1079 Attachment: Staff Report PCUD-PL20200001534 suburban propane whitelake industrial corp park (14654 : PL20200001534 Suburban Propane
PCUD-PL20200001534 Page 4 of 5
1/14/2021
PURPOSE/DESCRIPTION OF PROJECT:
The applicant, having a contract to purchase the described property, has submitted an application
for a Zoning Verification Letter – Comparable Use Determination (see attached) that requests
confirmation that an wholesale gas storage and distribution center (SIC 5171) , is comparable and
compatible with the similar wholesale distributors on nondurable goods permitted by right in
Section III of the Whitelake Industrial Corp. Park PUD, Ordinance No. 01-59.
ANALYSIS:
LDC Section 10.02.06 J.1.b, Comparable Use Determinations, states: “The County Manager or
Designee may issue a zoning verification letter to determine whether a use within a PUD is
consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning
verification letter shall be approved by the BCC by resolution, at an advertised public hearing.”
The BCC delegated this duty to the Hearing Examiner by means of Ordinance 2013-25.
As per the Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP),
the subject property is located within the Urban Commercial District, Mixed Use Activity Center
Subdistrict #9. Section 2.2 of the PUD document, Project Development Requirements, provides
the following:
A. Regulations for development of the White Lake Corporate Park PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and Growth
Management Plan in effect at the time of building permit application. Where these regulations
fail to provide developmental standards, then the provisions of the most simi lar district in
the County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the Collier County Land Development Code 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 White Lake Corporate Park PUD shall become part of the regulations
that govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land
Development Code, where applicable, remain in full force and effect with respect to the
development of the land that comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land
Development Code, at the earliest or next to occur of either Final Site Development Plan, Final
Plat approval, or building permit issuance applicable to this development.
It is Staff’s opinion that a wholesale gas storage and distribution center, as further described below,
would not increase the intensity of development and is consequently deemed to be consistent with
the GMP. As per the PUD’s Master Plan, the subject ±1.22-acre property is located within an area
allocated for the “Industrial Development Area.” The requested use does not appear as a permitted
principal use within the afore mentioned development area; however, the development district
3.F.a
Packet Pg. 1080 Attachment: Staff Report PCUD-PL20200001534 suburban propane whitelake industrial corp park (14654 : PL20200001534 Suburban Propane
PCUD-PL20200001534 Page 5 of 5
1/14/2021
allows for any other commercial uses that are comparable in nature with those listed and found to
be compatible in the district.
The applicant provided a justification statement in which they state the proposed wholesale gas
storage and distribution center will consist of two large propane storage tanks situated along an
internal one-way driveway and an approximately 1,500 square foot single story office building.
The applicant contends that the proposed use is similar in nature to a distribution facility for
nondurable goods and will not be as intense as similar manufacturing and contracting businesses
that are presently developed within the Industrial Development Area.
As stated by the applicant in there attached narrative letter, it is unlikely that the proposed use of
propane storage and distribution facility will result in a substantial increase to existing traffic and
trips generated by the White Lake PUD. A number of uses similar to the proposed use are already
developed within the PUD and consist of the warehousing (storage) and distribution of goods.
These types of existing uses developed within the PUD already involve the periodic entry of truck
traffic into and out of the White Lake PUD and therefore it is not anticipated that the development
of the proposed propane storage and distribution facility will generate any additional transportation
impacts above those already generated by the industrial uses permitted via Ord. No. 01-59 and
developed within the PUD to date. Further, the proposed site and the White Lake PUD’s general
location along Interstate 75 allows for access and proximity to major transportation facilities which
are intended to support the development of more intense industrial uses such as those permitted
and proposed to be developed such as the propane storage and distribution facility proposed by the
applicant.
Compatibility is defined within the LDC as follows: “A condition in which land uses or conditions
can coexist in relative proximity to each other in a stable fashion over time such that no use or
condition is unduly negatively impacted directly or indirectly by another use or condition.”
Compliance with the LDC architectural and landscape requirements, in combination with
applicable PUD development regulations, assist in ensuring compatibility.
STAFF RECOMMENDATION:
The Zoning Manager has reviewed the subject application and submittal documents and finds the
argument made to be compelling. Subject to affirmation by the Hearing Examiner, the Zoning
Manager concludes that the use of a wholesale gas storage and distribution center (SIC 5171), is
comparable, compatible and consistent in nature Staff to other uses permitted by right in Section
IV of the Whitelake Industrial Corp Park PUD
Attachments:
A. Zoning Verification Letter – PL20200001534
B. Whitelake Industrial Corp. Park PUD, Ordinance No. 01-59
C. Applicant’s Back-up Package; Application, Request and Justification
3.F.a
Packet Pg. 1081 Attachment: Staff Report PCUD-PL20200001534 suburban propane whitelake industrial corp park (14654 : PL20200001534 Suburban Propane
3.F.b
Packet Pg. 1082 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1083 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1084 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1085 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1086 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1087 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1088 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1089 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1090 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1091 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1092 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1093 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1094 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1095 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1096 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1097 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1098 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1099 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1100 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1101 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1102 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1103 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1104 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1105 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1106 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.bPacket Pg. 1107Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
3.F.b
Packet Pg. 1108 Attachment: Ordinance 01-59 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
HEARING PACKAGE CHECKLIST
A.Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE
SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.”
Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORT]
B.Backup provided by Applicant:
PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE
APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE.
____ Application, to include but not limited to the following:
____ Narrative of request
____ Property Information
____ Property Ownership Disclosure Form
____ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
____ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
____ Affidavit of Representation
____ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
____ Deviation Justifications
X
X
X
X
N/A
X
N/A
X
N/A
N/A
N/A
N/A
N/A
N/A
N/A
3.F.c
Packet Pg. 1109 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
____ Boundary Survey
____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc.
___ Submerged Resource Surveys may be included here if required.
____ flash drive with only one pdf file for all documents
I understand that by submitting the above materials, it is the agent’s/applicant’s responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. It is the agent’s responsibility to ensure no documentation is left out.
________________________________________ ____________________
Signature of Agent Representative Date
________________________________________
Printed Name of Signing Agent Representative
N/A
X
N/A
X
Jared Beck
December 29, 2020
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Packet Pg. 1110 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 5/8/2018 Page 1 of 2
Comparable Use Determination
LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83 – 2-90
Chapter 3 G.6 of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
PUD Zoning District
Standard Zoning District
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ________________________________________________________
Name of Applicant if different than owner: ___________________________________________________
Address: _____________________________ City: _____________ State: ________ ZIP: _______
Telephone: ___________________ Cell: _____________________ Fax: ____________________
E-Mail Address: __________________________________________________________________
Name of Agent(s):_____ __________________________________________________________
Firm: ___________________________________________________________________________
Address: _____________________________ City: _____________ State: ________ ZIP: _______
Telephone: __________________ Cell: _______________________ Fax: ____________________
E-Mail Address: __________________________________________________________________
PROPERTY INFORMATION
Site Address: ________________________________Folio Number: _________________________
Property Owners Name: ____________________________________________________________
DETERMINATION REQUEST
The determination request and justification for the use must be done by a certified land use planner
or a land use attorney. Provide the completed request on a separate attached sheet. Please be very
specific and include the SIC Code, if known. The request should adhere to the following format:
“I request a determination from the Planning Manager and approval from the Office of the
Hearing Examiner, that the use of ____________ is comparable and compatible with the
permitted uses in the ____________ PUD or in the ________________Straight Zoning
District.”
To be completed by staff
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Packet Pg. 1111 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 5/8/2018 Page 2 of 2
SUBMITTAL REQUIREMENTS CHECKLIST
See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to
be submitted with the application packet. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Affidavit of Authorization 1
Completed Addressing Checklist 1
Determination request and the justification for the use 1
PUD Ordinance and Development Commitment information
Property Ownership Disclosure Form 1
Electronic Copies of all documents
*Please be advised: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
•Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
•Please contact the project manager to confirm the number of additional copies required.
FEE REQUIREMENTS:
Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of
review and research. Payment of Additional Fees will be required prior to the release of the verification.
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
All checks payable to: Board of County Commissioners
The completed application, all required submittal materials, and the permit fee shall be submitted to:
Growth Management Department/Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant Signature Date
__________________________________
Printed Name
Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was
visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the
date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure
the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims
any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost
of correcting any unreported conditions.
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Packet Pg. 1112 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
Stantec Consulting Services Inc.
5801 Pelican Bay Boulevard Suite 300, Naples FL 34108-2709
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October 15, 2020
File: 215615844
Attention: Parker Klopf
Collier County Growth Management Department
2800 Horseshoe Drive
Naples, FL 34104
Reference: PL20200001534 / Response to Comments
Comparable Use Determination - Ordinance No. 01-59 & 18-45 / White Lake Corporate
Park Planned Unit Development
Dear Parker Klopf,
On behalf of Suburban Propane (Property Owner/Applicant), Stantec would like to respond to
Collier County staff’s review comments dated October 9, 2020 in response to the Request for
Comparable Use Determination for the White Lake Planned Unit Development (PUD) which was
submitted on August 10, 2020. Please see below responses to staff’s comments as well as the
attached revised Request for Determination.
County Comments:
The following information is offered in response to the County’s review comments and request for
additional information. The County questions, comments, and concerns are provided below in bold
type, followed by our response.
1. Correction Comment 2:
The applicant has stated in their updated comparable use determination letter that the that the
proposed Wholesale Propane distributor is comparable and compatabe to existing uses
occupying nearby buildings in this PUD which is not what is required by the applicantion. The
applicant is needs to provide justification for the proposed use by comparing the use(s) listed
as permitted uses section of the PUD document to the proposed use. Also please state how the
traffic generated by the proposed use will be similar or less intense than nearby or other
permitted uses in the PUD. has stated that the that the proposed Wholesale Propane distributor
is comparable and compatible to the uses listed in the PUD. Please clarify which use(s) the
applicant believes is comparable and compatible to the proposed use.
Response:
Please see revised Application Narrative / Request which includes revisions per a call with
County Planner, Parker Klopf on October 14, 2020.
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Packet Pg. 1113 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
October 15, 2020
Parker Klopf
Page 2 of 2
Reference: PL20200001534 / Response to Comments Comparable Use Determination - Ordinance No. 01-59 & 18-
45 / White Lake Corporate Park Planned Unit Development
0226-pfss01\workgroup\2156\active\215615844\planning\applications\01_comparable_use_determination\03_submittal_2020xx08\rev01\cov_rev01.docx
Regards,
Stantec Consulting Services Inc.
Jared Beck, AICP
Associate, Planning
Mobile: 239 821 2765
jared.beck@stantec.com
Attachment: Revised Request for Zoning Verification Letter – Comparable Use Determination
Strikethrough / Underline Version of Revised Request
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Packet Pg. 1114 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
Memo
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To: Collier County Planning & Zoning
Division
From: Jared Beck, AICP
2800 North Horseshoe Drive
Naples, FL 34104
Stantec Consulting Services, Inc.
901 Ponce de Leon Blvd.
Coral Gables, FL 33134
File: 215615844 – White Lake Corporate
Park
Date: October 15, 2020
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
Stantec (Agent), representing Suburban Propane (Applicant / Property Owner), a wholesale
distributor of propane, requests a determination from the Planning Manager and approval from the
Office of the Hearing Examiner, that the use of wholesale gas storage and distribution (SIC Code No.
5171 – “Petroleum Bulk Stations and Terminals”) is comparable and compatible with the uses
permitted within the White Lake Corporate Park Planned Unit Development located at the northeast
intersection of Interstate 75 and Collier Boulevard in Collier County. This request for Comparable Use
Determination is necessitated by Applicant’s proposed development of a propane storage and
distribution facility on Parcel No. 81790002366 along Plover Avenue, within the “Industrial Development
Area” of the 144-acre White Lake Corporate Park Planned Unit Development.
The White Lake Corporate Park was originally approved by the Collier County Board of County
Commissioners in 2001 (Ord. No. 01-59) and was subsequently modified once in 2018 (Ord. No. 18-45).
The PUD is approved for a mixture of heavy commercial and light industrial uses including but not
limited to wholesale trade of durable and non-durable goods, automotive dealers and gasoline
service stations, building materials, hardware and garden supply facilities, carwashes, business
services and various other uses. As of today, most of the White Lake Corporate Park PUD is developed
with a mixture of such approved uses including Pelican Wire, an engineering wire manufacturer; The
Parker Hannifin Corporation, a manufacturer of motion and control technologies; and Roush
Industries, a transportation industry manufacturer. Other uses developed within the White Lake PUD
include flex / warehouse and storage type uses such as: Gulfside Elevator and Cab Interiors, Great
Lakes Case & Cabinets, Five Star Gourmet Foods, and Coast Pump & Supply Co Inc, among others.
The proposed propane storage and distribution facility will consist of two large propane storage tanks
(approximately 9’ by 66’ each) situated along an internal one-way private driveway that varies
between 20’ to 30’ in width; an approximately 1,500 square foot single-story office building; four (4)
parking spaces per the County’s Land Development Code (“LDC”) (including one (1) handicap
space); and a five-foot sidewalk that connects to an existing sidewalk along Plover Avenue. Access
to the site is proposed to be restricted via a 6’ chain link fence on the northern and western project
boundaries, an existing stone wall along the eastern and southern project boundaries and rolling
gates on either side of the private driveway.
3.F.c
Packet Pg. 1115 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
October 15, 2020
Collier County Planning & Zoning Division
Page 2 of 3
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
ra \\us0226-
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To ensure compatibility with existing uses within the White Lake Corporate Park PUD and the
surrounding area, the proposed facility will be developed in order to adequately screen and buffer
the site from adjacent properties. In Accordance with Section 4.06.02 of the County’s LDC the site will
be developed with 20’ Type-D landscape buffers along both the northern and southern project
boundaries which abut Plover Avenue and White Lake Boulevard and 5’ Type-A landscape buffers
along the eastern and western property boundaries which abut existing or future industrial uses.
Additionally, in accordance with Sections 4.06.03 and 4.06.05 of the LDC the site will be developed to
include appropriate landscaping along the foundation of the proposed office building as well as
around the building’s proposed vehicular parking area.
Applicant believes that the proposed use of Propane Storage & Distribution Facility is comparable
and compatible with uses permitted within the Industrial Area of the White Lake PUD per Ordinance
No. 01-59. Specifically, Applicant believes the proposed use is most comparable and compatible with
the permitted use of “Wholesale trade-nondurable goods” listed within Section 3.A.(35) of Ordinance
No. 01-59. Non-durable goods are defined as those which can only be used once or for a short period
of time before they are rendered useless (i.e. produce/food products).
The proposed Suburban Propane facility within the White Lake PUD will allow for storage and
distribution of propane, a liquid fuel that can be considered a nondurable good that can only be
used once / for a short period of time before rendered useless. As mentioned prior, the proposed
propane storage and distribution facility will consist of two (2) large propane storage tanks situated
along an internal on-way private driveway. This driveway will be utilized by trucks to access the
storage tanks and transport/distribute propane to other off-site facilities / customers of Suburban
Propane.
It is unlikely that the proposed use of propane storage and distribution facility will result in a substantial
increase to existing traffic and trips generated by the White Lake PUD. A number of uses similar to the
proposed use are already developed within the PUD and consist of the warehousing (storage) and
distribution of goods. These uses mostly refer to the uses developed within the White Lake PUD which
include the manufacturing, storage, and distribution of both durable (motion and control
technologies and engineering wire) and non-durable goods (gourmet foods). These types of existing
uses developed within the PUD already involve the periodic entry of truck traffic into and out of the
White Lake PUD and therefore it is not anticipated that the development of the proposed propane
storage and distribution facility will generate any additional transportation impacts above those
already generated by the industrial uses permitted via Ord. No. 01-59 and developed within the PUD
to date. Further, the proposed site and the White Lake PUD’s general location along Interstate 75
allows for access and proximity to major transportation facilities which are intended to support the
development of more intense industrial uses such as those permitted (and proposed to be
developed) within the White Lake PUD such as the propane storage and distribution facility.
Accordingly, Applicant requests that the proposed development of the site as a propane storage
and distribution facility be considered comparable, compatible, and consistent with the list of uses
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Packet Pg. 1116 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
October 15, 2020
Collier County Planning & Zoning Division
Page 3 of 3
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
ra \\us0226-
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permitted within the White Lake Corporate Park PUD, specifically “wholesale trade-nondurable
goods” listed within Section 3.A.(35) of the PUD Ordinance.
Thank You,
Stantec Consulting Services Inc.
Jared Beck, AICP
Associate, Planning
Mobile: 239 821 2765
jared.beck@stantec.com
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Packet Pg. 1117 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
Memo
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05_20201015.docx
To: Collier County Planning & Zoning
Division
From: Jared Beck, AICP
2800 North Horseshoe Drive
Naples, FL 34104
Stantec Consulting Services, Inc.
901 Ponce de Leon Blvd.
Coral Gables, FL 33134
File: 215615844 – White Lake Corporate
Park
Date: September 16, 2020October 15,
2020
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
Stantec (Agent), representing Suburban Propane (Applicant / Property Owner), a wholesale
distributor of propane, requests a determination from the Planning Manager and approval from the
Office of the Hearing Examiner, that the use of wholesale gas storage and distribution (SIC Code No.
5171 – “Petroleum Bulk Stations and Terminals”) is comparable and compatible with the uses
permitted within the White Lake Corporate Park Planned Unit Development located at the northeast
intersection of Interstate 75 and Collier Boulevard in Collier County. This request for Comparable Use
Determination is necessitated by Applicant’s proposed development of a propane storage and
distribution facility on Parcel No. 81790002366 along Plover Avenue, within the “Industrial Development
Area” of the 144-acre White Lake Corporate Park Planned Unit Development.
The White Lake Corporate Park was originally approved by the Collier County Board of County
Commissioners in 2001 (Ord. No. 01-59) and was subsequently modified once in 2018 (Ord. No. 18-45).
The PUD is approved for a mixture of heavy commercial and light industrial uses including but not
limited to wholesale trade of durable and non-durable goods, automotive dealers and gasoline
service stations, building materials, hardware and garden supply facilities, carwashes, business
services and various other uses. As of today, most of the White Lake Corporate Park PUD is developed
with a mixture of such approved uses and notable tenants that are comparable and compatible with
the proposed propane storage facility. These permitted and developed uses that are considered by
the Applicant to be comparable and compatible to Applicant’s proposed propane storage facility
include more intense manufacturing uses such as:including Pelican Wire, an engineering wire
manufacturer; The Parker Hannifin Corporation, a manufacturer of motion and control technologies;
and Roush Industries, a transportation industry manufacturer. Other uses that Applicant considers to
be comparable and compatible todeveloped within the proposed propane storage facility
alsoWhite Lake PUD include less intense, flex / warehouse and storage type uses such as: Gulfside
Elevator and Cab Interiors, Great Lakes Case & Cabinets, Five Star Gourmet Foods, and Coast Pump
& Supply Co Inc, among others. .
The proposed propane storage and distribution facility will consist of two large propane storage tanks
(approximately 9’ by 66’ each) situated along an internal one-way private driveway that varies
between 20’ to 30’ in width; an approximately 1,500 square foot single-story office building; four (4)
parking spaces per the County’s Land Development Code (“LDC”) (including one (1) handicap
space); and a five-foot sidewalk that connects to an existing sidewalk along Plover Avenue. Access
3.F.c
Packet Pg. 1118 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
September 16October 15, 2020
Collier County Planning & Zoning Division
Page 2 of 3
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
ra \\us0226-
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05_20201015.docx
to the site is proposed to be restricted via a 6’ chain link fence on the northern and western project
boundaries, an existing stone wall along the eastern and southern project boundaries and rolling
gates on either side of the private driveway.
To ensure compatibility with existing uses within the White Lake Corporate Park PUD and the
surrounding area, the proposed facility will be developed in order to adequately screen and buffer
the site from adjacent properties. In Accordance with Section 4.06.02 of the County’s LDC the site will
be developed with 20’ Type-D landscape buffers along both the northern and southern project
boundaries which abut Plover Avenue and White Lake Boulevard and 5’ Type-A landscape buffers
along the eastern and western property boundaries which abut existing or future industrial uses.
Additionally, in accordance with Sections 4.06.03 and 4.06.05 of the LDC the site will be developed to
include appropriate landscaping along the foundation of the proposed office building as well as
around the building’s proposed vehicular parking area.
Applicant believes that the proposed use of Propane Storage & Distribution Facility is comparable
and compatible with uses permitted within the Industrial Area of the White Lake PUD per Ordinance
No. 01-59. Specifically, Applicant believes the proposed use is most comparable and compatible with
the permitted use of “Wholesale trade-nondurable goods” listed within Section 3.A.(35) of Ordinance
No. 01-59. Non-durable goods are defined as those which can only be used once or for a short period
of time before they are rendered useless (i.e. produce/food products).
The proposed Suburban Propane facility within the White Lake PUD will allow for storage and
distribution of propane, a liquid fuel that can be considered a nondurable good that can only be
used once / for a short period of time before rendered useless. As mentioned prior, the proposed
propane storage and distribution facility will consist of two (2) large propane storage tanks situated
along an internal on-way private driveway. This driveway will be utilized by trucks to access the
storage tanks and transport/distribute propane to other off-site facilities / customers of Suburban
Propane.
It is unlikely that the proposed use of propane storage and distribution facility will result in a substantial
increase to existing traffic and trips generated by the White Lake PUD. A number of uses similar to the
proposed use are already developed within the PUD and consist of the warehousing (storage) and
distribution of goods. These uses mostly refer to the uses developed within the White Lake PUD which
include the manufacturing, storage, and distribution of both durable (motion and control
technologies and engineering wire) and non-durable goods (gourmet foods). These types of existing
uses developed within the PUD already involve the periodic entry of truck traffic into and out of the
White Lake PUD and therefore it is not anticipated that the development of the proposed propane
storage and distribution facility will generate any additional transportation impacts above those
already generated by the industrial uses permitted via Ord. No. 01-59 and developed within the PUD
to date. Further, the proposed site and the White Lake PUD’s general location along Interstate 75
allows for access and proximity to major transportation facilities which are intended to support the
development of more intense industrial uses such as those permitted (and proposed to be
developed) within the White Lake PUD such as the propane storage and distribution facility.
3.F.c
Packet Pg. 1119 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
September 16October 15, 2020
Collier County Planning & Zoning Division
Page 3 of 3
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
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05_20201015.docx
Accordingly, Applicant requests that the proposed development of the site as a propane storage
and distribution facility be considered comparable, compatible, and consistent with the list of uses
permitted within the White Lake Corporate Park PUD., specifically “wholesale trade-nondurable
goods” listed within Section 3.A.(35) of the PUD Ordinance.
Thank You,
Stantec Consulting Services Inc.
Jared Beck, AICP
Associate, Planning
Mobile: 239 821 2765
jared.beck@stantec.com
3.F.c
Packet Pg. 1120 Attachment: Backup Provided by Applicant-3580 Plover Avenue (14654 : PL20200001534 Suburban Propane CUD (3580 Plover Ave))
Owner: K & C Holdings of SW Florida, Inc., a Florida corporation
Sole Shareholder of Owner: Charles T. Talbot 100%
Officers of Owner: Charles T. Talbot (President, Secretary, Treasurer)
Owner Address: 5575 Meridian Way, Oakwood, GA 30566
Shareholder Address: 5575 Meridian Way, Oakwood, GA 30556
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January 11, 2007
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ORDINANCE NO. 18 - 45
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2001- 59, THE WHITE LAKE CORPORATE PARK PLANNED UNIT
DEVELOPMENT, BY INCREASING THE MAXIMUM NUMBER OF
HOTEL/MOTEL ROOMS FROM 150 TO 281, BY ADDING TOOL
RENTAL AND LEASING AS A PERMITTED USE AND ADDING
GENERAL WAREHOUSING AND STORAGE AS AN ACCESSORY
USE; BY INCREASING THE COMMERCIAL TRACT BY 3 ACRES
AND REDUCING THE INDUSTRIAL TRACT BY 3 ACRES; BY
ADDING A CAP ON TRAFFIC TRIP GENERATION FOR THE
COMMERCIAL DEVELOPMENT AREA; BY REVISING
DEVELOPMENT COMMITMENTS; AND REVISING THE PUD
MASTER PLAN TO MOVE THE TRACT C BOUNDARY TO THE
EAST OF THE FPL EASEMENT; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY, CONSISTING OF 144.4+/-
ACRES, IS LOCATED NORTHEAST OF, AND ADJACENT TO, THE
INTERSECTION OF I-75 AND COLLIER BOULEVARD IN SECTION
35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20170004428]
WHEREAS, on October 23, 2001, the Board of County Commissioners approved
Ordinance No. 2001-59, which established the White Lake Corporate Park Planned Unit
Development (PUD); and
WHEREAS, Patrick Vanasse, AICP of RWA, Inc. representing Power Holdings
Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to
amend Ordinance 2001-59, as amended, the White Lake Corporate Park PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section 1.5, Project Description, of the PUD Document
attached as Exhibit A to Ordinance No. 2001-59, the White Lake
Corporate Park PUD.
Section 1.5, Project Description, of the PUD Document previously attached as Exhibit A
to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as
follows:
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1.5 PROJECT DESCRIPTION
The White Lake Corporate Park PUD shall be a mixed-use development, with a small
commercial development opportunity located west of, and including, the FP&L easement on the
White Lake Boulevard frontage, and the industrial development opportunity will remain over the
balance of the PUD property. The commercial component of the development is limited to
96,165 square feet of gross leasable floor area, and will be located on a � 10.85± acre parcel.
The commercial land uses proposed are those typically associated with major interchanges,
including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or
sit-down dining, and banks. The industrial/office park development is limited only by the land
area available on the east side of the FP&L easement.
SECTION TWO: Amendments to Table 1 of Section II, Project Development
Requirements, of the PUD Document of Ordinance Number 2001-59,
White Lake Corporate Park PUD.
Table I of Section II, Project Development Requirements, of the PUD Document
previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby amended as follows:
TRACT "I"
TRACT "C"
TABLE!
PROJECT LAND USE TRACTS
TYPE
INDUSTRIAL
COMMERCIAL
ACREAGE±
SECTION THREE: Amendments to Section 2.15, Architectural Design Guidelines and
Standards, of the PUD Document of Ordinance Number 2001-59,
White Lake Corporate Park PUD.
Section 2.15, Architectural Design Guidelines and Standards, of the PUD Document
previously attached as Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park
PUD, is hereby amended as follows:
2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS
Commercial land uses shall comply with the provisions of Section 2.8.3. Section 5.05.08
of the Land Development Code. Land uses proposed adjacent to the White Lake
Boulevard Right-of-Way, visible from the I-75 travel lanes, shall comply with the
[18-CPS-01757/1429651/1] 163
White Lake Corporate Park
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applicable architectural design guidelines set forth in Division 2.8 Section 5.05.08 of the
Land Development Code, and may request alternative architectural design standards as
provided in, and in accordance with, the provisions of Section 2.8.2.5 5.05.08.G of the
Land Development Code. Alternative standards shall be evaluated for their consistency
with the purpose and intent of the Activity Center #9 Interchange Master Plan. The
purpose of the architectural guidelines and standards is to provide a pleasing visual
experience from the I-75 corridor in an effort to create a gateway into Naples and Collier
County, thereby advancing the purpose of the Activity Center #9 Interchange Master
Plan. At such time as Collier County adopts design standards for the Activity Center #9
Interchange Master Plan;those standards shall apply to this PUD.
SECTION FOUR: Amendments to Section IV, Commercial Development Area, of PUD
Document of Ordinance Number 2001-59, White Lake Corporate
Park PUD.
Section IV, Commercial Development Area of the PUD Document previously attached as
Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby
amended as follows:
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract"C", Commercial Development Area on Exhibit "A", PUD Master Plan.
4.2 MAXIMUM COMMERCIAL SQUARE FEET
The 7,8-510.85± acre Commercial Development Area (Tract "C"), shall not be developed
with more than 96,165 square feet of commercial uses. Should a hotels or motels be proposed, a
commensurate amount of commercial development opportunity shall be lost, based on a
comparison of average annual daily trip generations. The maximum total daily trip generation
for the Commercial Development Area of the PUD shall not exceed 584 two-way PM peak hour
net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of
application for SDP/SDPA or subdivision plat approval.
4.3 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) Apparel and accessory stores as defined under Major Group 56;
Reference Executive Office of the President, Office of Management and Budget,Standard Industrial
Classification Manual, 1987 Edition.
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2) Automotive dealers and gasoline service stations (Industry Numbers 5531,
and 5541);
3) Building materials, hardware, and garden supply (Industry Numbers 5211-
5261);
4) Business services (Industry Numbers 7311, 7334, and 7371);
5) Carwashes (Industry Number 7542);
6) Eating and drinking places as defined under Major Group 58;
7) Engineering, accounting, research, and management (Numbers 8711 with
no outside equipment storage, 8712 with no outside equipment storage,
8721, 8732, 8742, 8743, and 8748);
8) Finance, insurance, and real estate as defined under Major Groups 60, 61,
62, 63, 64, 65, and 67;
9) Food stores as defined under Major Group 54;
10) General merchandise stores as defined under Major Group 53;
11) Government offices as defined under Major Group 91;
12) Home furniture, furnishings, and equipment stores as defined under Major
Group 57;
13) Hotels or motels (Industry Number 7011). No more than 150281 rooms
shall be permitted;
14) Legal services as defined under Major Group 81;
15) Miscellaneous retail as defined under Major Group 59, not including
Industry Numbers 5932, 5961, 5983-5989, and not including the retail sale
of fireworks;
16) Motion pictures as defined under Major Group 78;
17) Personal services (Industry Numbers 7211, 7215, 7216 except rug
cleaning, 7221- 7291, and 7299, only including car title and tag service,
computer photography or portraits, costume rental, dress suit and tuxedo
rental, electrolysis (hair removal), hair weaving or replacement service,
and tanning salons).
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18) Equipment Rental and Leasing, Not Elsewhere Classified (Industry
Number 7359) limited to tool rental and leasing.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities;
2) One caretaker's residence.
3) General Warehousing and Storage (Industry Number 4225) limited to
General Warehousing and Storage, not to include mini-warehouse
warehousing or warehousing, self-storage.
4.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure.
B. MINIMUM LOT AREA: 10,000 square feet.
C. AVERAGE LOT WIDTH: 100 feet
D. MINIMUM YARDS (INTERNAL):
1) Front Yard: 25 feet, or one-half of the building height as measured from each
exterior wall, whichever is greater;
2) Site Yard: 10 feet;
3) Rear Yard: One-half of the building height;
4) Parcels with two frontages may reduce one front yard by 10 feet.
E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures
shall be in compliance with NFPA standards for fire safety, with no less than 10
feet of separation.
F. MAXIMUM HEIGHT: 50 feet.
G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first
finished floor.
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H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet.
I.OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Division 2.3 LDC section 4. 05. 00 of the Collier County Land
Development Code in effect at the time of site development plan approval.
J.OUTSIDE STORAGE AND DISPLAY:
Outside storage and display is prohibited in Tract C as depicted on Exhibit "A",
PUD Master Plan, with the exception of garden centers.
K. CARETAKER'S RESIDENCE:
One (1) caretaker's residence shall be permitted for the commercial development
area, subject to the following:
1) The residence shall be constructed as an integral part of the shopping center or
one of the commercial buildings, and shall be entered from within that
structure. Exits that comply with fire codes shall be permitted
2) The caretaker's residence shall be an accessory use, and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the shopping center or commercial facilities.
3) Off-street parking shall be as for a single-family residence in accordance with
Division 2.3 LDC section 4.05.00 of the Collier County Land Development
Code in effect at the time of site development plan approval. Parking for the
caretaker's residences shall be in addition to any other required parking
facilities.
SECTION FIVE: Amendments to Section V, Development Commitments, of the
PUD Document previously attached as Exhibit A to Ordinance
Number 2001-59, the White Lake Corporate Park PUD.
Section V, Development Commitments, of the PUD Document previously attached as
Exhibit A to Ordinance Number 2001-59, the White Lake Corporate Park PUD, is hereby
amended as follows:
5.1 PURPOSE
The purpose of this section is to set forth the development commitments for the
development of the project.
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5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
B:A. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6
of-the Land Development Code. One entity (hereinafter the Managing Entity)
shall be responsible for PUD monitoring until close-out of the PUD, and this
entity shall also be responsible for satisfying all PUD commitments until close-
out of the PUD. At the time of this PUD approval, the Managing Entity is the
White Lake Commons Association, Inc., or its assigns. Should the Managing
Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be
approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the
transfer by County staff, and the successor entity shall become the Managing
Entity. When the PUD is closed out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
B. Issuance of a development permit by a county does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the
permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law." (Section 125.022, FS)
C. All other applicable state or federal permits must be obtained before
commencement of the development.
5. 5 TRANSPORTATION
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. The developer shall maintain joint/shared access with the adjacent property
Citygate PUD), via White Lake Boulevard.
B. The petitioner shall provide left turn lanes and arterial level street lighting at all
project entrances, if deemed warranted by Collier County. The turn lanes and
arterial level street lighting shall be provided when requested by the County.
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C. The petitioner shall be responsible for a fair share contribution of the site related
roadway improvements at the Collier Boulevard/White Lake Boulevard
intersection, which has been determined to be $118,850.00, and shall be paid to
Collier County on or before October 1, 2001.
D. The White Lake Corporate Park PUD Transportation Impact Study was based on
a development scenario of 96,165 square feet of retail uses for Tract C and 86.3
acres of developable industrial acreage for Tract I, as previously approved in PUD
Ordinance No. 01-59. Total trip estimates were derived using the ITE Trip
Generation Manual 9th
edition. The maximum total daily trip generation for the
Commercial Development Area of the PUD shall not exceed 584 two-way PM
peak hour net trips based on the use codes in the ITE Manual on trip generation
rates in effect at the time of application for SDP/SDPA or subdivision plat
approval.
5.8 UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
No. 97 17, as amended, and other applicable County rules and regulations.
District's water main consistent with the main sizing requirements specified in the
I
system:
1. Dead end mains shall be eliminated by looping the internal pipeline network;
2. Stubs for future system interconnection with adjacent properties shall be
provided to the east property line of the projec , . . . . . . - .
agreed to by the County and the Developer during the design phase of the
project;
shall meet with the County staff prior to commencing preparation of
construction drawings, so that all aspects of the sewage system design can be
coordinated with the County's Sewer Master Plan;
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3. The existing off site water faci4ties of the District must be evaluated for
hydraulic capacity to serve this prefect and reinforced as required, if
necessary, consistent with the County's Water Master P . - •- . - . --
District's water system can hydraulically provide a sufficient quantity of water
to meet the anticipated demands for the project, and the District's existing
committed capacity.
A. The White Lake Commons Association, Inc. (or successor in title) will convey
County Utility Easements (CUEs) to the Collier County Water-Sewer District at
the termini of Shaw Boulevard and Shearwater Street as depicted on the master
plan. These easements will be for future water distribution system interconnection
with adjacent properties and will run from the Shaw Boulevard cul-de-sac to the
adjacent northern PUD boundary and from the Shearwater Street cul-de-sac to the
adjacent eastern PUD boundary. The easements will be conveyed in accordance
with the Collier County Utilities Standards and Procedures Ordinance at no cost
to the County or the Collier County Water-Sewer District free and clear of all
liens and encumbrances and shall be provided prior to or in conjunction with
approval of the next development permit. In addition, if looping of the water
distribution system is requested by any owner of this PUD, any costs to County
or the Collier County Water-Sewer District, including land acquisition,
engineering, permitting, and construction costs, for piping or other utilities
infrastructure on this PUD property or adjacent property related to on-site or off-
site looping of the PUD's water distribution system shall be paid by Power
Corporation, its successors or assigns, within 30 days of written notification to
Power Corporation, its successors and assigns. At close-out of the PUD
monitoring in accordance with LDC Section 10.02.13.F, this commitment shall
expire.
B. The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing into the County's sewerage system is
transmitted by one (1) main on-site pump station. The developer's engineer shall
meet with the County staff prior to commencing preparation of construction
drawings, so that all aspects of the sewerage system design can be coordinated
with the County's Sewer Master Plan.
SECTION SIX: Amendment to PUD Master Plan attached as Exhibit A to the
PUD Document attached to Ordinance No. 2001-59, the White
Lake Corporate Park PUD.
The PUD Master Plan attached as Exhibit A to the PUD Document attached to Ordinance
No. 2001-59, the White Lake Corporate Park PUD, is hereby amended and replaced with Exhibit
A attached hereto and incorporated herein.
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SECTION SEVEN: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of k-y1 2018.
ATTEST: BOARD OF -OUNTY COMa SSIONERS
CRYSTAL K. KINZEL, CLERK COLLI CO '+TY, FLP
By: l nC By:
Att ` 1 Clerk ANDY SOLIS, Chairmanttestasta;4 a,'..:.
signature only.
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Revised PUD Master Plan
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FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 26, 2018
Ms. Crystal K. Kinzel, Interim Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-45, which was filed in this office on September 26,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliergov.net
November 11th, 2020
Jared Beck
Stantec Consulting Services Inc.
901 Ponce de Leon Blvd.
Coral Gables, FL 33134
Zoning Verification Letter: Comparable Use Determination (ZVL-CUD)-PL20200001534;
Comparable Use Determination for 3580 Plover Ave AKA: White Lake Corporate Park Phase Teo Lot 37
in Section 35, Township 49, Range 26 of unincorporated Collier County, Florida. Property ID/Folio
Number: 81790002366.
To whom it may concern,
This letter is in response to a Comparable Use Determination (CUD) Application that you submitted on
behalf of your client, Suburban Propane, LP. You specifically seek a determination from the Planning
Manager and approval of said determination from the Board of County Commissioners that a wholesale
gas storage and distribution center is comparable and compatible with the permitted uses within the existing
PUD. The applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.J of the Collier
County Land Development Code (LDC), Ordinance 04-41, as amended.
Zoning:
The current Official Zoning Atlas, an element of the LDC, reveals the subject property has a zoning
designation of Planned Unit Development (PUD) called White lake Industrial Corp. Park as established by
Ordinance 2001-59, as amended, as well as the Activity Center #9 Overlay district. The subject property
comprises +/-1.22 acres and is designated to be all commercial development. Allowable commercial
principal uses are listed in Section III (3) of the PUD document. The requested SIC classifications are not
specifically listed; however, listed use #36 reads: “Any other use which is comparable in nature to the
forgoing land uses as determined by the Collier County Planning Services Director .” Section
10.02.06.J.1.b. of the LDC states that the County Manager or designee may issue a zoning verification letter
to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the
PUD. To be effective, said zoning verification letter shall be approved by the Board of County
Commissioners by resolution at an advertised public hearing.
You have provided a justification statement to support that the proposed use is compatible and consistent
with the similar wholesale distributors of nondurable goods which are listed as permitted use #35 in the
subject PUD, Ordinance 2001-59. With respect to comparability, the applicant states the proposed use will
operate similar to produce and other food distributors who distribute goods that can only be uses once or
for a short period of time before they are rendered useless. The proposed Suburban Propane facility within
the White Lake PUD will allow for storage and distribution of propane, a liquid fuel that can be considered
a nondurable good that can only be used once or for a short period of time before rendered useless.
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Zoning Verification Letter
ZLTR(CUD)- PL20200001534
2 of 2
Ultimately Zoning Staff finds that the proposed propane distribution facility is comparable and compatible
with the permitted wholesale distributors of nondurable goods specifically produce and other food
distributors.
Conclusion:
Zoning Division Staff’s analysis concludes that the business and operational characteristics of the proposed
propane distributor is comparable and compatible to those uses listed in the White lake Industrial Corp.
Park PUD. Staff further finds that the subject application and opinion are consistent with the GMP, and the
LDC. The Zoning Division Staff analysis is based upon the term “compatibility” which is defined in the
LDC as follows: “A condition in which land uses or conditions can coexist in relative pro ximity to each
other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or
indirectly by another use or condition.” The term “comparable” is generally defined as having features in
common with something else or having equivalent or similar attributes. “Consistent” pertains to accuracy
and the way such arguments have been made over time.
The Zoning Manager has reviewed the subject application and submittal documents and finds the proposed
justification to be compelling. Based upon the information contained herein, it has been concluded that
Wholesale distributor of Propane is comparable and compatible to the permitted uses within Whitelake
Industrial Corp. Park PUD. This determination must be approved by the Board of Zoning Appeals to
become valid; you will be notified of a hearing date and time.
Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part
of the applicant to obtain a permit from a state or federal agency and does not create any liability on the
part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or
federal law. All other applicable state or federal permits must be obtained before commencement of the
development.
Please be advised that the information presented in this verification letter is based on t he Collier County
LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)
to either of these documents could affect the validity of this verification letter. It is also possible that
development of the subject property could be affected by other issues not addressed in this letter, such as,
but not limited to, concurrency related to the provision of adequate public facilities, environmental impact,
and other requirements of the Collier County LDC or related ordinances.
Should you require additional information or have any questions, please do not hesitate to contact me at
(239)252-2471 or e-mail: Parker.Klopf@colliercountyfl.gov.
Researched and prepared by: Reviewed by:
__________________________________ ___________________________________
Parker Klopf, Planner Raymond Bellows, Zoning Manager
Zoning Services Section Zoning Services Section
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I - 75 R/W
COLLIER BOULEVARD (C.R. 951)100' R/W CANALBECK BOULEVARD
PUD
2
16,18,19,20,21,22,23,24
(PU-2)
1
1
12
2
2
2
TOLLHOUSE DR.TOLLGATE BLVD.1
2
3
4
5
6 7 8 9 10
11
1213
14
PH. 2
PH. 1
WHITE LAKE BOULEVARD
CU 11
PUD 12,21,25
WHITE LAKE INDUSTRIAL PARK
V 13 35
35
23.20 AC.PARCEL 35A
560 140640
1220760 9001000NON-ST
ST
ST
NON-ST
TRACT
15
TRACT
TRACT
TRACT
TRACT
TRACT
TRACT TRACT TRACT
TRACT
TRACT
TRACT
TRACT
TRACT
TRACT
16
17
18
19
20
21 22 23
24
25
26
27
28
29
TRACT
TRACT
TRACT TRACT
TRACT
TRACT
TRACT
TRACT TRACT
TRACT
TRACT
30
31
32 33
34
35 36
37 38
39
D
3
3 3
3
HEFLIN DRMANNIX DRTOLLHOUSE DRBUSH BLVDTOLLGATE COMMERCIAL CENTER
8A
1
2345
6
7
DTRACT
1A
1
TRACTD
SHAW BOULEVARD
TRACTB
5
5
5
5
5
10
11
9 8 7 6 5
12
13
4 3 2
1
14
15
16
17
18
19
20
21
TRACT A TRACT BPLOVER AVENUE SHEARWATER STREET6 6
6
6
6
6
5
29
28
27
30
32
26
31
33
25
PLOVER AVENUE
24
34
23
22
35
36
37
38
TRACT B
7
7
7
7
5
7
7
DRI INCOME47
43
44
LANE46
45
8
8
88
ST/W-4 17
TRACTB
TRACTD
TRACTD
TRACTD
3,4,5,6,7,9,10,14,15,
4
4
4
4
1 1 1
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CL ER K
COLLIER COUNTY, FLORIDA
TWP 49S RNG 26E SEC(S) 35 SO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$
INDICATES SPECIAL TREATMENT OVERLAY
9635S
0602N9634S 9636S9635N
The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.NO. NAM E P.B. Pg.
1 TOLLGATE COM MERCIAL CENTER PHASE 1 16 12 TOLLGATE COM MERCIAL CENTER PHASE 2 18 23-243 TOLLGATE COM MERCIAL CENTER PHASE 3 22 95-1004 WHITE LAKE PHASE 1 23 855 WHITE LAKE COR PO RATE PARK 31 26-286 WHITE LAKE COR PO RATE PARK PHASE THREE 34 45-467 WHITE LAKE COR PO RATE PARK PHASE TWO 40 12-148 WHITE LAKE COR PO RATE PARK PHASE FOUR 42 42-43910
ZONING NOTES1 DELETED2 1-12-82 PU-81-20-C 82-73 1-17-84 R-83-18C 84-64 6-12-90 PDA-90-1 90-545 6-12-90 DOA-90-1 90-546 1-17-84 DRI-83-2C 84-67 12-11-90 PDA-90-5 90-28 LDC-919 2-11-92 PUD-83-18(3) 92-1010 2-11-92 DOA-91-2 92-10011 8-11-92 CU-92-8 92-5612 1-5-93 PUD-92-8 93-113 9-28-93 C-93-19 93-42514 12-14-93 PUD-93-18(4) 93-9115 2-11-97 DOA-96-5 97-7516 12-2-03 DOA-03-AR-3911 03-42817 9-25-12 LDC ORD. 12-3818 10-28-14 DOA-PL-14-561 14-22919 2-11-97 DOA-97-2 97-7420 4-7-92 DOA-92-4 92-22221 1-9-02 LDC ORD. 02-0322 9-22-15 PUDA-PL-15-281 15-4923 9-22-15 DOA-PL-15-545 15-19324 5-9-17 PUDA-PL-15-2280 17-1525 9-25-18 PUDA-PL-17-4428 18-45THIS IS TO CERTIFY THAT THIS IS A PAGE OF TH EOFFICIAL ZONIN G ATLAS REFER RED TO AND ADOPTEDBY REFERENC E BY OR DINANC E NO. 04-41 OF THECOUNTY OF COLLIER, FLOR IDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SU BDIVISIONINDEX REFERENC ED HEREON.
NO. NAM E P.B. Pg.
11121314151617181920
INDICATES ACTIVITY CENTER #9 OVERLAY BOUNDARY
0 400
SCALE
DEVELOPMENT STANDARDS MODIFICATIONS14-2-19 ZVL(CUD)-PL-18-209 HEX 19-164/4/193.F.d
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To: Collier County Planning & Zoning
Division
From: Jared Beck, AICP
2800 North Horseshoe Drive
Naples, FL 34104
Stantec Consulting Services, Inc.
901 Ponce de Leon Blvd.
Coral Gables, FL 33134
File: 215615844 – White Lake Corporate
Park
Date: September 16, 2020October 15,
2020
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
Stantec (Agent), representing Suburban Propane (Applicant / Property Owner), a wholesale
distributor of propane, requests a determination from the Planning Manager and approval from the
Office of the Hearing Examiner, that the use of wholesale gas storage and distribution (SIC Code No.
5171 – “Petroleum Bulk Stations and Terminals”) is comparable and compatible with the uses
permitted within the White Lake Corporate Park Planned Unit Development located at the northeast
intersection of Interstate 75 and Collier Boulevard in Collier County. This request for Comparable Use
Determination is necessitated by Applicant’s proposed development of a propane storage and
distribution facility on Parcel No. 81790002366 along Plover Avenue, within the “Industrial Development
Area” of the 144-acre White Lake Corporate Park Planned Unit Development.
The White Lake Corporate Park was originally approved by the Collier County Board of County
Commissioners in 2001 (Ord. No. 01-59) and was subsequently modified once in 2018 (Ord. No. 18-45).
The PUD is approved for a mixture of heavy commercial and light industrial uses including but not
limited to wholesale trade of durable and non-durable goods, automotive dealers and gasoline
service stations, building materials, hardware and garden supply facilities, carwashes, business
services and various other uses. As of today, most of the White Lake Corporate Park PUD is developed
with a mixture of such approved uses and notable tenants that are comparable and compatible with
the proposed propane storage facility. These permitted and developed uses that are considered by
the Applicant to be comparable and compatible to Applicant’s proposed propane storage facility
include more intense manufacturing uses such as:including Pelican Wire, an engineering wire
manufacturer; The Parker Hannifin Corporation, a manufacturer of motion and control technologies;
and Roush Industries, a transportation industry manufacturer. Other uses that Applicant considers to
be comparable and compatible todeveloped within the proposed propane storage facility
alsoWhite Lake PUD include less intense, flex / warehouse and storage type uses such as: Gulfside
Elevator and Cab Interiors, Great Lakes Case & Cabinets, Five Star Gourmet Foods, and Coast Pump
& Supply Co Inc, among others. .
The proposed propane storage and distribution facility will consist of two large propane storage tanks
(approximately 9’ by 66’ each) situated along an internal one-way private driveway that varies
between 20’ to 30’ in width; an approximately 1,500 square foot single-story office building; four (4)
parking spaces per the County’s Land Development Code (“LDC”) (including one (1) handicap
space); and a five-foot sidewalk that connects to an existing sidewalk along Plover Avenue. Access
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September 16October 15, 2020
Collier County Planning & Zoning Division
Page 2 of 3
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
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to the site is proposed to be restricted via a 6’ chain link fence on the northern and western project
boundaries, an existing stone wall along the eastern and southern project boundaries and rolling
gates on either side of the private driveway.
To ensure compatibility with existing uses within the White Lake Corporate Park PUD and the
surrounding area, the proposed facility will be developed in order to adequately screen and buffer
the site from adjacent properties. In Accordance with Section 4.06.02 of the County’s LDC the site will
be developed with 20’ Type-D landscape buffers along both the northern and southern project
boundaries which abut Plover Avenue and White Lake Boulevard and 5’ Type-A landscape buffers
along the eastern and western property boundaries which abut existing or future industrial uses.
Additionally, in accordance with Sections 4.06.03 and 4.06.05 of the LDC the site will be developed to
include appropriate landscaping along the foundation of the proposed office building as well as
around the building’s proposed vehicular parking area.
Applicant believes that the proposed use of Propane Storage & Distribution Facility is comparable
and compatible with uses permitted within the Industrial Area of the White Lake PUD per Ordinance
No. 01-59. Specifically, Applicant believes the proposed use is most comparable and compatible with
the permitted use of “Wholesale trade-nondurable goods” listed within Section 3.A.(35) of Ordinance
No. 01-59. Non-durable goods are defined as those which can only be used once or for a short period
of time before they are rendered useless (i.e. produce/food products).
The proposed Suburban Propane facility within the White Lake PUD will allow for storage and
distribution of propane, a liquid fuel that can be considered a nondurable good that can only be
used once / for a short period of time before rendered useless. As mentioned prior, the proposed
propane storage and distribution facility will consist of two (2) large propane storage tanks situated
along an internal on-way private driveway. This driveway will be utilized by trucks to access the
storage tanks and transport/distribute propane to other off-site facilities / customers of Suburban
Propane.
It is unlikely that the proposed use of propane storage and distribution facility will result in a substantial
increase to existing traffic and trips generated by the White Lake PUD. A number of uses similar to the
proposed use are already developed within the PUD and consist of the warehousing (storage) and
distribution of goods. These uses mostly refer to the uses developed within the White Lake PUD which
include the manufacturing, storage, and distribution of both durable (motion and control
technologies and engineering wire) and non-durable goods (gourmet foods). These types of existing
uses developed within the PUD already involve the periodic entry of truck traffic into and out of the
White Lake PUD and therefore it is not anticipated that the development of the proposed propane
storage and distribution facility will generate any additional transportation impacts above those
already generated by the industrial uses permitted via Ord. No. 01-59 and developed within the PUD
to date. Further, the proposed site and the White Lake PUD’s general location along Interstate 75
allows for access and proximity to major transportation facilities which are intended to support the
development of more intense industrial uses such as those permitted (and proposed to be
developed) within the White Lake PUD such as the propane storage and distribution facility.
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Packet Pg. 1174 Attachment: PL20200001534 CUD 3580 Plover Ave Suburban Propane complete1 (14654 : PL20200001534 Suburban Propane CUD (3580 Plover
September 16October 15, 2020
Collier County Planning & Zoning Division
Page 3 of 3
Reference: Revised Request for Zoning Verification Letter – Comparable Use Determination
Ordinance No. 01-59 & 18-45 / White Lake Corporate Park Planned Unit Development
Address: 3580 Plover Avenue, Naples FL. 34117 / Parcel No. 81790002366
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Accordingly, Applicant requests that the proposed development of the site as a propane storage
and distribution facility be considered comparable, compatible, and consistent with the list of uses
permitted within the White Lake Corporate Park PUD., specifically “wholesale trade-nondurable
goods” listed within Section 3.A.(35) of the PUD Ordinance.
Thank You,
Stantec Consulting Services Inc.
Jared Beck, AICP
Associate, Planning
Mobile: 239 821 2765
jared.beck@stantec.com
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