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Agenda 06/26/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 26, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5: CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, Bee Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLlC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 of 15 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. May 22, 2007 - BCCIRegular Meeting C. June 4, 2007 - BCC/GMP Amendment Meeting D. June 5, 2007 - BCCIGMP Amendment Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees B. 25 Year Attendees C. 30 Year Attendees D. 35 Year Attendees E. Advisory Committee Service Awards 4. PROCLAMATIONS A. Proclamation designating the month of July as Recreation and Parks Month. To be accepted by Barry Williams, Director, Parks and Recreation; Patricia Rosen, Sugden Park Sr. Program Leader; Peg Ruby, Marketing Coordinator; Gary Stagg, Recreation Supervisor; Carol Buckler, Park Ranger; GeriLynn Waterbury, Immokalee Community Park Supervisor; Bradie Allen, Water Park Supervisor; Edward Torroni, Athletics Program Supervisor; Tony Ruberto, Project Manager; Shannon Peters, Program Supervisor; and Murdo Smith, Regional Manager, Beach and Water. B. Proclamation designating June 26, 2007 as Collier County Phoenix Awards Day. To be accepted by Phoenix Award recipients. Companion item to Agenda Item 5A in recognition of EMS paramedics, EMTS, Firefighters and Sheriff's Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. To be accepted by those Paramedics, EMT's, Firefighters and Sheriff's Deputies who received Phoenix Awards. 5. PRESENTATIONS A. Recognition of EMS paramedics, EMT's, Firefighters and Sheriff's Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. (Companion to Item 4B) B. Presentation by Tabitha Stadler, Coastal Training Coordinator of the Rookery Bay National Estuarine Research Reserve, regarding the results of six Gulf of Mexico Alliance community input workshops held earlier this year. C. Presentation for the Waste Reduction Awards Program (WRAP) to recognize Dal- Tile Company for their enhanced and innovative recycling programs. 2 of 15 D. Recognition of Employee of the Month Selection, Jonathan Rudd from Parks and Recreation. E. Wright Construction will present the status of their construction efforts for the new County Barn facility. 6. PUBLIC PETITIONS A. Public Petition request by James Piwowarczyk to discuss golf cart usage on Henderson Creek Drive by residents of Holiday Manor. B. Public Petition request by Pete Lytwyn to discuss amending Noise Ordinance 90-17 relating to ATV's. C. Public Petition request by Brenda Talbert to discuss model home permitting process. D. Public Petition request by Frank Denninger to discuss the General Management Plan for Everglades National Park. Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU'2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property, consisting of 5.15 acres, is located at 3480 Golden Gate Boulevard S.W., Tract 81, Golden Gate Estates Unit No.4, in Section 11, Township 49 South, Range 26 East, Naples, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: VA-2007-AR-11300, Irvine Dubow, representing himself, requests a Variance petition to rebuild a pool cage damaged from Hurricane Wilma that would encroach 5 feet into the setback area. The property is located at 5901 Almaden Drive, in the Sonoma Lake subdivision, Unit 1, Lot 26, Folio # 0000073755001459, Section 8, Township 49 S, Range 26 E, Collier County, Florida 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the June 12, 2007 BCC Meeting. Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. B. This item requires that all participants be sworn in and ex parte disciosure be provided by Commission members. Petition: PUDZ-2005-AR-8284, Tree Farm Land Trust, represented by Robert Mulhere, AICP of RWA, Inc., and George Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP, is requesting a rezone from the Agricultural (A) zoning district to the Mixed-Use Planned Unit Development (MPUD) zoning district for project to be known as Tree Farm MPUD consisting of a maximum of 200,000 square feet of commercial uses; and a 3 of 15 maximum of 425 residential units. The subject property, consisting of 58.84 acres, is located at 8799 Immokalee Road, in Section 22, Township 48 South, Range 26 East, Collier County, Florida. C. This item was continued from the June 12, 2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Agricultural (Al zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. D. This item was continued from the February 27, 2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2005-AR-7271: Collier County Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the Rural Agricultural (Al zoning district to the Public Use (P) zoning district limited to Essential Service use only. The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. E. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the Collier County Impact Fee Indexing Study, dated June 11, 2007; amending the impact fee rate schedules that are Schedules One through Ten of Appendix A by applying the indexing percentages and thereby establishing the new impact fee rates; deleting the provisions referring to the required use of income derived from the interest bearing impact fee trust accounts to provide consistency with subsequently adopted resolutions; amending the special requirements for each of the individual impact fees to reflect the revised indexing provisions; incorporating the previously directed changes to the provisions related to impact fee waivers and deferrals for specified charitable organizations and providing for a delayed effective date of October 1, 2007. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Contractors Licensing Board. B. Appointment of County Commissioner to serve on the Southwest Florida Regional Planning Council. C. Recommendation for the Board of County Commissioners to review and approve the County Attorney D. Recruitment Search Request for Proposal (RFP) and provide direction to staff regarding the timeline. 10. COUNTY MANAGER'S REPORT A. Providing requested analysis and recommendation about the ability to use Conservation Collier lands for mitigation credit for County roads and facilities projects. (Alex Sulecki, Principal Environmental Specialist, Facilities Management) 4 of 15 B. Recommendation to approve Change Order No.3 to Contract No. 07-4075 in the amount of $143,030 with Mitchell & Stark Construction Co. expending funds for construction of a private fence for properties in the Queens Park subdivision as part of Phase 1A of the Lely Area Stormwater Improvement Project, Project No. 511011. (Gerry Kurtz, Principal Project Manager, Stormwater) C. Recommend Board approval to purchase a radio locator system, SafePoint, from Locus Location Systems at a cost of $1,459,000 and to finance the project with a loan from the Commercial Paper Loan Program. (John Daly, Telecommunications Manager, Information Technology) D. This item to be heard at 11 :00 a.m. Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.002 to Florida Rock Industries for the project called, North Belle Meade Mine. The project consists of 998.9 acres, more or less, sitting in Sections 21, 27, and 28 of Township 49, South, Range 27 East, Collier County, Florida, more particularly sitting south of Golden Gate Estates and the existing Warren Brothers PUD (the APAC Pit), in the North Belle Meade Rural Fringe Receiving Lands north of 1-75. (Stan Chrzanowski, Engineering Services Department) E. This item to be heard at 11 :00 a.m. Recommendation to approve a Developer Contribution Agreement with Florida Rock Industries, Inc., Rockland, LLC and FRK Putnam, LLC (Developer) and Collier County (County) to acquire land, design, permit and construct a two lane rural Haul Road within the footprint of the future four lane Wilson Boulevard Extension. (Nick Casalanguida, Director, Transportation Planning) F. Request the Board of County Commissioners approve the creation of a Rural Lands Stewardship Area Review Committee to provide for Review and Recommendations Relating to the Rural Lands Stewardship Area, as required by 4.08.04 of the Land Development Code. (Noah Standridge. Senior Planner) G. Provide a Summary of the May 21, 2007 workshop of Collier County Planning Commission (CCPC) and Productivity Committee (PC) on the Level of Service Standards (LOSSl evaluation, as directed by the Collier County Board of County Commissioners (BCC), for certain components of the Annual Update and Inventory Report (AUIRl on Public Facilities as provided for in Chapter 6.02.02 of the Collier County Land Development Code, and to seek guidance for the preparation of the 2007 AUIR. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) H. Recommendation to award a construction contract to Better Roads, Inc. for Bid No. 07-4124 Collier Boulevard (CR 951) Six-Lane Improvements from US 41 to Davis Boulevard (SR 84l, Project No. 60001 in the amount of $24,955,329.69 which includes $3,700,000.00 for allowances. CIE No. 77. (Norman Feder, Administrator, Transportation Services) I. To Provide the Implications Associated with the Tax Reform Initiatives Approved by the Florida Legislature, and to Receive Policy Direction from the Board of County Commissioners Relative to the Millage(s) to be Levied in FY 08. 11. PUBLIC COMMENTS ON GENERAL TOPICS 5 of 15 12. COUNTY ATTORNEY'S REPORT A. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, JUNE 26,2007, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney David C. Weigel, Chief Assistant County Attorney Michael W. Pettit and Assistant County Attorney Jacqueline Williams Hubbard, and outside counsel Theodore Tripp, Esq. will be in attendance. The Board in executive session will discuss: Strategy related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts Case No. 07-1056-CA B. For the Board of County Commissioners to Provide Direction to the Office of the County Attorney as to Strategy Related to Litigation Expenditures in Board of County Commissioners v. Dwight E. Brock, Clerk of Courts Case No. 07-1056-CA, now Pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS A. Recommendation that the Board of County Commissioners agree to (1) accept the funding being offered by the Department of State to comply with the mandated voting system change found in Chapter 2007-30 and (2) abide by the conditions contained therein. (Supervisor of Elections) 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:00 p.m. Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of employment four years and modifying severance terms, and authorize the Chairman to sign (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS -~-------------------------------------------------------------------------------------.------------------------------------.----.---------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. -------------------------------------------------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Daisy Arrazcaeta, Calexico, Inc., clo Santos Osornio and Russell and Katja Risteen. 2. Recommendation to approve final acceptance of the water and sewer utility facilities for Reflection Lakes, Phase 1 B. 6 of 15 3. To accept final and unconditional conveyance of the water facility for Wal-Mart (1-75) 4. Recommendation to approve final acceptance of the water and sewer utility facilities for Mariposa at Whippoorwill. 5. Recommendation to approve final acceptance of the water and sewer utility facilities for Whippoorwill Lane Roadway Improvements. 6. To accept final and unconditional conveyance of the water facility for Unity Church. 7. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bridgewater Bay, Unit Two. The roadway and drainage improvements will be privately maintained. 8. Recommendation that the Board of County Commissioners approve the application by EnVont LLC for the Job Creation Investment Program and the Property Tax Stimulus Program. 9. Recommendation to approve a Settlement Agreement between POI Development, Inc., Villages at Stella Maris Master Association and Collier County regarding the construction of a private boat ramp to serve the Villages of Stella Maris. 10. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Vita Tuscana, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11. Recommendation that the Board of County Commissioners adopt a Resolution, pursuant to Section 288.106, Florida Statutes, recommending that the Governors Office of Tourism Trade and Economic Development approve EnVont, LLC, as a qualified target industry business, confirming that the commitments of local financing necessary to support this target industry are in place, and appropriating $16,000.00 as local participation in the Qualified Target Industry Tax Refund Program for Fiscal Years 2011 through 2013. 12. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. B. TRANSPORTATION SERVICES 1. Approve the purchase of 1.14 acres of improved property of which a portion is required for road right of way for the Vanderbilt Beach Road Extension Project. Project No. 60168 (fiscal impact: $388,370.00l 2. Recommendation that the Board of County Commissioners approve the Landscape Maintenance Agreement between Collier County, Florida and the Wentworth Estates Community Development District for landscaping within the right-of-way on Southwest Boulevard. 3. Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. 7 of 15 4. Recommendation to approve the purchase of improved property (Parcel No. 154) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $578,000) 5. Approve the purchase of a 1,277 Square Foot Drainage and Utility Easement required for the Gateway Triangle Stormwater project. Project No. 518031 (Fiscal impact: $10,089.20) 6. Recommendation for the Board of County Commissioners to approve a budget amen dent to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $705,099.41 for Project No(s). 600321, 600331, 600501, 601201, 201202, 601204, 690811 and 609817. 7. Recommendation to approve a Resolution to Amend an Interlocal Agreement Between the City of Naples and Collier County Regarding Maintenance Assistance for the Traffic Signal System on Goodlette-Frank Road Between U.S. 41 and Golden Gate Parkway. 8. Recommendation to award Collier County Bid #07-4143 Furnish and Deliver Three (3) New Holland Tractors to the Creel Tractor Company in the amount of $148,005. 9. Recommendation to award Work Order # PBS FT 39710711 under Collier County Contract #06- 3971 for General Contractor Services and expenditure of $109,141 for general repairs and modifications to 8300 Radio Road for the new Collier Area Transit Operations and Administration Center 10. Recommendation to approve Work Order #BC-FT-3773-07-09 for a construction project to Bonness, Inc. for Radio Road Phase One Median Improvements(Devonshire Boulevard to Broadview Drive) using the Annual Contract for Roadway Contractors, Contract No. 05-3773, in the amount of $433,885.43 and approve all necessary budget amendments. 11. Recommendation to approve a revised Right-of-way Permitting and Inspection Fee Schedule for the Transportation Road Maintenance Department. 12. Recommendation to approve Change Order # 2 (Contract Modification # 4) to Professional Services Agreement No. 02-3398 in the amount of $193,523.61 for additional engineering services to be provided by CH2M Hill, Inc., for design and permitting modifications for the six- laning of Collier Boulevard from Golden Gate Boulevard to Immokalee Road, Project No. 65061. C. PUBLIC UTILITIES 1. Recommendation to approve Amendment 5 to Contract 03-3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of $126,800. Projects 70151 and 70152. 2. Recommendation to approve the acquisition of a Utility Easement for the operation and maintenance of a potable water pipeline, and access, on property owned by Enchanting Shores CO-OP, Inc. near the Henderson Creek Park Subdivision. 3. Recommendation to approve the acquisition of a Utility and Access Easement for a 70-foot by 142-foot public water supply well site near the southwest corner of Immokalee Road and Everglades Boulevard, and associated pipeline and access area, at a total cost not to exceed $19,500, Project Number 70908. 4. Recommendation to approve a Donation Agreement and accept a Utility and Access Easement from Quail Creek Village Foundation, Inc. for Lift Station No. 107.02 at a cost not to exceed $300, Project 73970. 5. Recommendation to approve a Donation Agreement and accept a Utility and Access Easement from Windjammer Village of Naples, Inc. for Lift Station No. 310.06 at a cost not to exceed $300, Project 739221. 8 of 15 6. Recommendation to Award Bid Number 07-4132 for the Furnishing and Delivery of a 5,000 Gallon Water Truck to Heintzelmans Truck Center in the amount of $139,228.00. 7. Recommendation to approve acceptance of all utility facilities located in the bridge for Bay Colony Community Association, Inc. within the Pelican Bay community, at a cost not to exceed $52.50; Project 740231. 8. Recommendation to approve and execute a First Amendment to a License Agreement with Collier County School District for storm debris collection and processing. 9. Recommendation to approve the Florida Department of Environmental Protection (FDEP), DEP Contract No. GC690, authorizing Collier County to administer FDEPs Storage Tank System Compliance Verification Program along with all necessary budget amendments and Amendment No.4 authorizing the termination of DEP Contract No. GC526. 10. Recommendation to convey a Grant of Easement for all utility facilities on property owned by Collier County within the Bay Colony Community of Pelican Bay for an estimated cost not to exceed $18.50, Project 740231. 11. Recommendation to approve a budget amendment to fund salary shortfalls in the Water Pollution Control Fund (114) in the amount of $101,800. 12. Recommendation to approve a budget amendment for $15,000,000 to transfer $4,000,000 for South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971 and $11,000,000 for South County Regional Water Treatment Plant (SCRWTP) Well field Expansion-Easement project 708921 from Water Impact Fee capital projects fund to a 2006 Revenue Bond Proceeds Fund, Impact Fee Cost Center. D. PUBLIC SERVICES 1. Recommend that the Board of County Commissioners find that a Vanderbilt Beach Fishing Pier qualifies as a beach park facility and approve a Proposal dated April 30, 2007 under Contract 06-3902 with Coastal Planning & Engineering (CP&El to perform a feasibility study to build a Vanderbilt Beach Fishing Pier. Study will be performed on a time and material basis, not to exceed $29,932. 2. Recommend approval of a Budget Amendment totaling $58,426 from Beach RenourishmenUPass Maintenance Reserves to fund Beach Re-nourishment initiatives for Clam Pass Dredging which is part of the Countys Beach Re-nourishment Project 900281. 3. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with William Auguste and Rosanna Auguste (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 80, Independence Phase II. 4. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Valerio F. Garcia and Juana Lopez Reynoso (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 145, Independence Phase II. 5. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Christina Ponce Andrade (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 82, Independence Phase II. 9 of 15 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Francois and Ifesia Charles (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 83, Independence, Phase II. 7. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Moranie Jean-Pierre (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 85, Independence Phase II. 8. Recommendation to award bid no. 07-4117 to Stahlman England Irrigation, Inc. in the amount of $266,453.51 and approve necessary budget amendments to fund irrigation system for Golden Gate Community Park. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rhonda Robinson (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 133, Independence Phase II. 10. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Silva and Maribel Castellanos (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 139, Trail Ridge Naples. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Marc and Marie Jean Pierre (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 135, Independence Phase II. 12. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elva Montez (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 131, Independence Phase II. 13. Recommendation to approve an Interlocal Agreement between Collier County and the City of Naples for the administration of the State Housing Initiative Partnership (SHIP) program, and authorize the Chairman to sign and submit the agreement to Florida Housing Finance Corporation. 14. Recommend approval of DEP Agreement No. 07C01 and any subsequent amendments to this Agreement for additional funding with Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program State of Florida Grant Agreement for South Marco Beach Nourishment and authorize Chairman to execute agreement. 15. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Solange Baptiste (Ownerl for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 146, Trail Ridge, Naples. 16. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cianie Belance (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 142, Trail Ridge, Naples. 10 of 15 17. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Isnady Dorcent and Marie Anna Dorcent (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 10, Milagro Place. 18. Recommend approval of Proposal dated May 4, 2007 under Contract 05-3657 with Johnson Engineering to provide planning, environmental and engineering support for Clam Pass Park Expansion Analysis Proposal for time and material not to exceed $20,000. 19. Recommendation to approve Modification No.1 to United State Fish and Wildlife Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant in the amount of $30,000. 20. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Daulat Khan and Nasrin Akhtar (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Unit 203, Building 9, Botanical Place, Naples. 21. Recommend approval of a Budget Amendment totaling $147,214 from Beach Re-nourishment Project 905271 to fund the 1st annual biological monitoring of the Near Shore Hard Bottom and the post construction biological survey of the Artificial Reef which is a part of the Countys Beach Re-nourishment Project 900331. 22. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose DeSantiago and Leslie Mandujano (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 146, Independence Phase II. 23. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Labanette Dorillas and Bonatiel Dorillas (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 145, Trail Ridge, Naples. 24. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Angel Jaimes and Darita Jaimes (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 18, Milagro Place. 25. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Javier Jimenez and Joann Jimenez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 3, Milagro Place. 26. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Beauharnais Joseph and Marie Willien (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 88, Independence Phase II. 27. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jaime Cervantes Vazquez and Ana M Herrera De Cervantes (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 3, Trail Ridge, Naples. 28. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes LLC (Builder) and Bernadita Robles (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at West 75 ofthe West 150 of Tract 111, Golden Gate Estates, Unit 83, Collier County, FL. 11 of 15 29. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes LLC (Builders) and Amy Bollinger (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at East 75 of the West 180 of Tract 70, Unit 68, Golden Gate Estates, Collier Cou nty, FL. 30. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Collier County Housing Development Corporation (CCHDC), for $107,684 in HOME funds to acquire vacant land for the construction of new affordable housing. 31. Recommendation to approve concessions agreement with LeHiII Partners LLC (dba Naples Grande) to provide food, beverage, beach equipment rentals, and water recreational rentals at Clam Pass Beach Park and approve all necessary budget amendments. 32. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lennar Homes LLC (Developers) for deferral of 100% of Collier County impact fees for owner-occupied affordable multi-family housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay Commons and authorizes a reimbursement of the fees paid by the developer on Building Permit 2006121829 in the amount of $194,028.42. 33. Recommendation to the Board of County Commissioners to accept implementing strategies related to Resolution 2007-48 pertaining to the Citizens of Collier County and their right to use any and all Collier County Facilities. 34. Recommendation to approve a sub-lease agreement with the City of Marco Island for boat dock improvements and usage of the Caxambas boat dock marina. E. ADMINISTRATIVE SERVICES 1. Recommendation to amend Contract No. 07 - 4103 County Mail Center Operations and Delivery Services to Mailbarcoding Investments of Southwest Florida, LLC dlbla Mailbarcoding Services of SWFL. 2. Recommendation to authorize the Chairman to sign Modification No.2 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401815J021 to fund habitat restoration at the Malt property in the amount of $25,000. 3. Recommendation to approve a Final Management Plan for the Railhead Scrub Preserve under the Conservation Collier Land Acquisition Program. 4. Recommendation to approve a Final Management Plan for the Cocohatchee Creek Preserve under the Conservation Collier Land Acquisition Program. 5. Recommendation to approve a Budget Amendment reallocating Other Contractual Services dollars within the Information Technology Department Client System Support cost center to WBS 500121 Project Management Standardization. 6. Recommendation to award Bid #07-4139 Concrete, Paving and Walkway Contractor to multiple vendors listed by lowest bidder; RLV Enterprises, Inc., B.Q. Concrete, Judson Construction Group, and NR Contractors, Inc. 7. Recommendation to award RFP #07-4134, Food and Beverage Concessions for Collier County Facilities to Russell's Clambake. 12 of 15 8. Recommendation to award Bid #No. 07-4123 Plumbing Parts and Supplies. 9. Recommendation to approve commitment of $275,000 on the second stage of an effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers, Project Number 75006 10. Recommendation to award Bid #07-41 04R to Metro Power Systems, Inc. for the rental of generators. 11. That the Board of County Commissioners approve the award of Bid 07-4127 for Office Supplies to Corporate Express in the estimated annual amount of $250,000. F. COUNTY MANAGER 1. Approve Budget Amendments. 2. Recommendation to approve a Memorandum of Understanding with the Southwest Florida Workforce Development Board during emergency situations with no annual cost. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve a budget amendment in the amount of $8,666 to fund geotechnical surveys required to complete design work associated with the parking apron expansion at the Marco Island Executive Airport. 2. Recommendation from the Collier County Airport Authority that the Board of County Commissioners accept and authorize its Chairman to execute a Grant Agreement with the Federal Aviation Administration (FAA) for the sum of $431,000, and to approve associated budget amendments. This grant funding is for environmental mitigation at Rookery Bay as required by the Army Corps of Engineers permit to construct a taxiway at the Marco Island Executive Airport. 3. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential single family lot and house in the Gateway area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $275,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 2664 Francis Avenue (275,000). 4. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) for 1701 Bay Street within the Bayshore Gateway Triangle Community Redevelopment area. 5. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) for 2649 Lakeview Drive within the Bayshore Gateway Triangle Community Redevelopment area. 6. Recommendation for the Community Redevelopment Agency to approve the renewal of the Bayshore Gateway Triangle CRA office leases for twelve months, and authorize the Chairman to sign the extension letter. 13 of 15 H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Twelfth Annual Do The Right Thing Regional Awards Banquet on June 23, 2007, at the Harborside Event Center, Ft. Myers; $40.00 to be paid from Commissioner Fiala's travel budget. 2. Recommendation to appoint Commissioner Donna Fiala to serve on the 2007 Collier County Canvassing Board in place of the Chairman of the Board of County Commissioners through the completion of the 2007 City of Marco Island, Florida Mail Ballot Referendum Election. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-Of-Contact for the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Fiscal Year 2007 Law Enforcement Multidisciplinary Anti-Trafficking Task Forces Continuation Grant, to electronically submit the application in the Federal Grants Management System, to accept the Grant when awarded, and approve budget amendments. 2. To obtain board approval for disbursements for the period of June 02, 2007 through June 08, 2007 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of June 09, 2007 through June 15, 2007 and for submission into the official records of the board. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners approve, and authorize its Chairman to sign, a Tri-Party Developer Contribution Agreement with CDC Land Investments, Inc. and the Collier County School District. The purpose of the Agreement is to allow CDC Land Investments, Inc. to convey a 21-acre parcel within the Sabal Bay MPUD to the District for use as a publiC school site in exchange for educational impact fees credits in the sum of $7,546,875, which exchange is required by the MPUD document, and which sum represents the appraised fair market value of the parcel. 2. Recommendation to approve a Stipulated Final Judgment for Parcel No. 156 in the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03-2500-CA(Golden Gate Parkway Project No. 60027). (Fiscal Impact $40,237.00) 3. Recommendation to Approve Amendments to the By-Laws of the Collier County Agricultural Fair and Exposition, Inc. (Fiscal Impact: None) 4. Request by the Collier County Educational Facilities Authority for Approval of a Resolution Authorizing the Authority to Issue Revenue Bonds to be Used to Finance Educational Facilities for Ave Maria University. 14 of 15 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT-2007-AR-10739, Lot 18, Block A Sterling Oaks Phase 4, disclaiming, renouncing and vacating the Countys and the Publics interest in a portion of a Lake Maintenance, Access and Drainage Easement (L.M.A.D.E.) in the rear of Lot 18, Block A of Sterling Oaks Phase 4, a subdivision located in Section 10, Township 48 South, Range 25 East, as recorded in Plat Book 38, Page 20 through 24 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit A B. Request Adoption of an Ordinance Repealing and Replacing Collier County Ordinance No. 81- 42, as Amended; Changing the Phrase Local Occupational License Tax Ordinance to Local Business Tax Ordinance; Incorporating current provisions of Chapter 205, Florida Statutes; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; Providing an Effective Date. C. Adopt an Ordinance Amendment authorizing replacement of the text in Ordinance 2001-13, the Consolidated Impact Fee Ordinance, as amended or superseded, subsection 74-303, D.2.g. and authorizing a change in the format of Appendix A, Schedule Two, Water and Sewer System Impact Fee Rate Schedule, in order to provide clarity and consistency regarding the separation of impact fee calculation procedures from meter sizing procedures in the ordinance text and rate schedule. D. Request Adoption of an Ordinance Amending Collier County Ordinance No. 87-60, as Amended; to Exempt from the County's Local Requirements, but not from State of Florida Newly Enacted Statutory Requirements, regarding Solicitation Activities Conducted in or Along Streets and Roads by Organizations that are Exempt from Federal Income Taxes under Section 501(c)(3) of the Internal Revenue Code and are Either Registered as a Charitable Organization (or Sponsor) with Florida's Department of Agriculture and Consumer Services, or are Statutorily Exempt from such State Registration; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; Providing an Effective Date. E. This items requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2007-AR-11446 (MD) The District School Board of Collier County, represented by Gary Krueger, AlA, of Schenkel Shultz, Inc. and Vladd Ryziw, Graef, Anhalt, Schloemer, and Associates, requests a Variance petition for the Immokalee Career Center. This variance is for the building height. The District School Board is requesting a height variance of 10-feet to proposed design height of 45-feet from the currently permitted 35-foot height restriction. This request will only apply to one of the three proposed structures on the redevelopment site. The subject property is located at 800 Immokalee Drive, New Market Subdivision, Block 24, Page 2030, Section 33, Township 46 South, Range 29 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 of 15 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 26. 2007 Withdraw Item 6A: Public petition request by James Piwowarczyk to discuss golf cart usage on Henderson Creek Drive by residents of Holiday Manor. (Petitioner's request.) Item 8B: The "Legal Considerations" portion of the executive has been replaced. Copies have been distributed and made available for review. (Staffs request.) Item 9C: This item should read: "Recommendation for the Board of County Commissioners to review and approve the County Attorney recruitment search request for proposal (RFP), and provide direction to staff regarding the timeline." (Staff's request.) NOTE: Item 90 is simply a continuation of Item 9C. A formatting error occurred when the agenda was printed and split Item 9C into two items, 9C and 90. Item 16A10 continued to the Julv 24.2007 BCC meetinQ: Recommendation to approve for recording the final plat of Vita Tuscana, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Petitioner's request.) Move Item 1601 to 10J: Recommend that the Board of County Commissioners find that a Vanderbilt Beach Fishing Pier qualifies as a beach park facility and approve a proposal dated April 30, 2007, under Contract 06-3902 with Coastal Planning & Engineering (CP&E) to perform a feasibility study to build a Vanderbilt Beach Fishing Pier. Study will be performed on a time and material basis, not to exceed $29,932. (Commissioner Halas' request.) Move 16030 to 10K: Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Subrecipient Agreement with Collier County Housing Development Corporation (CCHDC), for $107,684 in HOME funds to acquire vacant land for the construction of new affordable housing. (Commissioner Halas' request.) Continue Item 16031 indefinitelv: Recommendation to approve concessions agreement with LeHiII Partners LLC (dba Naples Grande) to provide food, beverage, beach equipment rentals, and water recreational rentals at Clam Pass Beach Park and approve all necessary budget amendments. (Staff's request.) Withdraw Item 16E11: That the Board of County Commissioners approve the award of Bid 07- 4127 for Office Supplies to Corporate Express in the estimated annual amount of $250,000. (Staff's request.) Time Certain Items: Item 100 to be heard at 11:00 a.m. Recommendation to direct Engineering review staff to issue Commercial Excavation Permit Number 60.002 to Florida Rock Industries for the project called, "North Belle Meade Mine." The project consists of 998.9 acres, more or less, sitting in Sections 21,27, and 28 of Township 49, South, Range 27 East, Collier County, Florida, more particularly sitting south of Golden Gate Estates and the existing Warren Brothers PUD (the APAC Pit), in the North Belle Meade Rural Fringe Receiving Lands north of 1-75. Item 10E to be heard at 11:00 a.m. followinQ comoanion item 100: Recommendation to approve a Developer Contribution Agreement with Florida Rock Industries, Inc., Rockland LLC and FRK Putnam, LLC (Developer) and Collier County (County) to acquire land, design, permit and construct a two lane rural "Haul Road" within the footprint of the future four lane "Wilson Boulevard Extension". Item 14A to be heard at 4:00 o.m. Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of employment four years and modifying severance terms, and authorize the Chairman to sign. PROCLAMATION Agenda Item No. 4A June 26, 2007 Page 1 of 2 WHEREAS, public parks and recreation systems are dedicated to enhancing the quality of life for residents of Collier County through recreation programming, leisure activities and conservation efforts; and, WHEREAS, parks, recreation activities ond leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society; and, WHEREAS, parks and recreation activities create lifelines and continuous life experiences for older members of the community; and, WHEREAS, parks, recreation activities, and leisure experiences generate opportunities for people to come together and experience a sense of community; and, WHEREAS, employees and local supporters organize youth activities and provide educational programming on nature, health, nutrition, safety, and first aid; and, WHEREAS, employees and local supporters advocate for more open space and better trails and ensure parks and recreation facilities are safe and accessible places for all citizens to enjoy. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of July be designated as RECREATION AND PARKS MONTH and invite all residents and visitors alike to enjoy all our community has to offer by taking part in their favorite sports, visiting the outdoors, ond spending time with family and friends, or just relaxing. DONE AND ORDERED THIS 26th Day of June, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: - DWIGHT E. BROCK, CLERK Page 1 of 1 Agenda Item No. 4A June 26. 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4A ProclamatiOn designating 1he month of Jul,.' as Hnoea1ion and Parks MOllth To be accepted by Barry Williams, Dlrec1or, Parks and Recreation; Patricia Rosen, Sugden Park Sf- Program Leader, Peg ",uby, Marketing Coordinator, Garv St<1gg, Recreation Supervisor Carol Buckler F'ark Ranger GeriLynn \!\,'alerbclry, Irnrnokalee Comrnunlty Park SuperVisor; Bradie Allen, Water Park Supervisor Edward TOlronL, AUllellcs Program Supervisor. Tony I,"ubeno, Project Manager; Shannon Peters, PrograrTl Suparv:sor; and Murda Smith, RlJgional Manager Beacha:ldWaler Meeting Date: 6.'26/20'J790nOO!,M Prepared By Lisa Resnick ExeculiveAjd(!tolh"BCC Date Board of County Commissioners BCCOfficF. 6i12i20Q75:03:57PM Approved By Sue Filson Executive Managerlo!he BCC Date Board 01 County Commtssioners Bee Office 611J120074:45PM Approved By JamesV. Mudd County Managor Date BOilrdolCounty CommiM;ioners County MMI.19,;(sOffice 6114120078;07 PM file:ffC:\Agcnda T cst\Export\85-June%2026. %202007\04. %20PROCLAMA TI ONS\4A \4A. 6/20/2007 Agenda Item No. 48 June 26, 2007 Page 1 of 2 PROCLAMA rrON WHEREAS, the Collier County Bureau of Emergency Services developed the Phoenix Awards program in October 1986 to recognize local emergency responders who were involved in the rescue and treatment of a patient who has suffered sudden cardiac arrest and was brought back to life after beillfJ found without a pulse: and, WHEREAS, the award was named after the mythological Phoenix bird that was consumed by fire, later rose renewed from itS ashes, and became a symbol of immortality, resurrection and life after death: and, WHEREAS, Collier County has achieved a cardiac save rate of 59 percent durillfJ the period of January 1 through April 1, 2007, while the national avera!]t! remains between 6 and 10 percent: and, WHEREAS, today we recognize those responders from the Big Corkscrew Island Fire l>epartment, the Collier County Emergency Medical Services l>epartment, the City of Naples Fire l>epartment, the Collier County Sheriffs Office, the Golden Gote Fire l>epartment, and the North Naples Fire l>epartment, who assisted in the resuscitation of patients who were found without a pulse: and, WHEREAS, the Collier County Bureau of Emergency Services would like to recognize all emergency medical professionals servillfJ in a variety of roles for their unselfish dedication to Florida's residents and visitors. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that June 26, 2007 be designated as COLLIER COUNTY PHOENIX AWARDS DAY DONE AND ORDERED on this 26th day of June 2007. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page I of 1 Agenda Item No. 48 June 26, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 48 Meeting Date: Pro:::lamation designating JW1€ 16 2007 as Collier County Phoenix Awards Day To be accepted by Phoenix Award re(;ipients Companion item to Agenda !lem 5A in recognitIOn of EMS paramedics, EMTS, Firefighter~ and Shenff~ Deputies. who through their skills and rnowiedge. have sLJccessfully brought back to life Individuals whD ~m(j died, To be accepted by those Paramedics EMT's Fllefigtl\erS and Sheriffs Depu!ies wM I'!'Jcelve(j Phoenix Awards 6/26/2007800,00AM Prepared By Lisa Resnick Executive Aide to the Bee D~te Board of County CommissIOners Bec Office 6112/20075:02:27 PM Approved By $ueFil"on Executive ManagertotheBCG Date Board of County Commissioners Bee Office 6/13120074:46 PM Approved By JllmesV. Mudd County Manager D"" Board of County Cornmission(Irs County Managet'sOrf<ce 6114120074:46 PM tile://C:\AgendaT cst\Export\85-June%2026, %202007\04. %20PROCLAMATIONS\4B\4B%.. 6/20/2007 JIM MUDD reads: Agenda Item No. 5A June 26, 2007 Page 1 of 3 Commissioners the "Phoenix" is a mythological bird that died and rose renewed from its ashes. The Collier County Emergency Medical Services Depm1ment has adopted the PHOENIX AWARD to recognize those EMS Paramedics EMTs, Firefighters and Sheriffs Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. Weare proud to recognize the following heroes: Captain Les Williams reads: .- Collier County EMS: Lt. Mark Hofmann Battalion Chief Walter Kopka EMT Juan Cabezas EMT Charlie Matthews Paramedic Richard McGee Lt. Patricia Dixon EMT Jennifer Seekell Paramedic Gail Torres Staples EMT John (Trevor) Perry EMT Thomas Fred Battalion Chief Frank Millot Lt. Patricia McLaughlin Lt Desirae Vogeney Big Corkscrew Island FD Firefighter Paramedic Eric Watson City oflVaples FD Lt Jerry Picar Firefighter/EMT Greg Bruner Firefighter/EMT Jason Barcomb Engineer Jeff Bronsdon Firefighter Mark Vessely Golden Gate Fire Depal1ment: Firefighter Paramedic Wesley Millican Battalion Chief Dean Anderson .-. N0/1h Naples FD Stanley Dipietro Jerome Sandlin Joshua Morgan Firefighter Michael McDaniel Firefighter Eric Neith Engineer Regan Sytsma Firefighter/EMT Chris Vanbuskirk Engineer Troy Cory Firefighter Mike Jimenez Will the following personnel please come forward? Paramedic Malinda Busher Paramedic Dayna Carter Paramedic Anthony Hiserodt (Two Awards) EMT Andrew Seager (Two Awards) EMT Rayford Sly Paramedic Brad Underwood Lt. Arthur Wolf Paramedic Amy DeLucca Paramedic Eric Ulrich Captain Les Williams Lt. Rich Humberger EMT Jesse Santerre Paramedic Bobbi Boone Firefighter Juan Alcantara Engineer Mark DaSilva Firefighter/EMT David LaRochelle Officer John Adams Lt. David Howard Engineer Jeffery Roll Mark Mariani Adrian Martinez Kristopher Thomas Lt. Robert Gleisle Captain Edward Gubala Firefighter/EMT Ken Duffy Lt. Anthony St. Louis Firefighter Paramedic Art Rodriguez Captain Jamie Cunningham Agenda Item No. 5A June 26,2007 Page 2 013 Captain Williams continues: The citizens and visitors of Collier County have truly received WORLD CLASS PATIENT CARE, due to the dedication, desire and determination of Local Law Enforcement, Fire Department, and EMS Personnel. Commissioners, County Personnel, and visitors of today's meeting, I am honored to present you today's heroes. Special Speaker: Gerdi Keane one of the cardiac arrest patients that was brought back from cardiac arrest by personnel from this group. Page 1 of 1 Agenda Item No. 5A June 213, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 5A Recognition of EMS paramedics. EMT's. F;refighters and Sheriff's Deputies. who through their skills and knowledge have sllccessfully brougfllbaCk to life individualswtlohad died rCompanion to Item 48) 6/26/200790000AM Approved By Jeff Page EMS Chief DMe Bureau of Emergency Servic:es EMS 51231200710:4GAM Approved By Dan E. Summar,'.; Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Sarviees 5131120072:41 PM Approved By OMBCoordinator Applications Analyst Date Administrative Services Information Technology 611120079:37 AM Approved B}' MichaelSmykowski Management S Budget Director Date County Manll9ar's Office OHtc"" of Management & Budget 6111200712:20PM Approved By .iarnosV Mudd County Managor Daic Boardo[County Commission"rs County Managor'':>Ofiicp, 61i1200712:26PM file://C:\Agenda Tcst\Export\85~June%2026,%202007\05. %20PRESENTA 11 ONS\5A \5A %... 6/2012007 Florida Department of Environmental Protection Agenda Item Nil. 58. Junelt!lJF!l'tJ!}rist PageOPVlI3or Jeff Kottkamp Lt. Governor ~~--- ----~-~----......-- - ~ - ....._~ Rookery Bay National Estuarine Research Reserve 300 Tower Road Naples, Florida 34113 (239) 417-6310, Fax (239) 417-6315 Michael W. Sole Secretary May 24, 2007 Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Commissioners: ~ The Rookery Bay National Estuarine Research Reserve Coastal Training Program Department is writing to request 15 minutes before the Collier County Commissioners on Tuesday, June 12, 2007. If granted, Coastal Training Coordinator Tabitha Stadler will share the results of six Gulf of Mexico Alliance community input workshops held earlier this year. The purpose of the presentation is to ensure that local leaders: . Are well informed about the Gulf Alliance, which is a significant regional effort to enhance the economic and environmental health of the Gulf of Mexico, . Are aware of the input received from their constituency about Gulf-related problems and solutions, and, . Have a clearly defined opportunity to provide their ideas and input on future and on-going Alliance efforts. The presentation will include a brief PowerPoint and handouts. Ms. Stadler will gladly answer the Commissioners' questions following the presentation. Background The Gulf of Mexico Alliance began in June 2005 and is a partnership between the five Gulf States, 13 federal agencies, and Mexico. In March 2006 the Alliance released the Governors' Action Plan for Healthv and Resilient Coasts which focused on five priority issues. Throughout 2006 a series of community workshops began around the Gulf and in late 2006 Rookery Bay National Estuarine Research Reserve received funding from the Florida Coastal Management Program to continue these forums in Southwest Florida. Six have been held to date covering topics such as Red Tide, Water Management, Climate Change, and Sustainable Development. Speakers included Congressman Connie Mack, Commissioner Halas and Naples Mayor Bill Barnett. Citizens compiled a list of recommendations that are being implemented. !sY#~ /u ~ Tabitha Whalen Stadler Coastal Training Coordinator Rookery Bay National Estuarine Research Reserve "Protect, Consen!e and Manage Florida's Environment and Natural Resources" "More Protection, Less Process" lV11rw.dep.statefl. us GULFQF MEXICi ' ALLIANCE Q) -0 .- I- '-0 Q) a: .r;. ...... .- ~ C) c: .- > .- -l, Agenda'ltem No. 58 , June 26, 2007 Page 2 of 8 Southwest Florida . Community Workshop January 23 & 24, 2007 Collier County"Naples, Florida . The Florida red tide organism Karenia brevis has deterred beach goers, affected waterfront ,businesses and impacted,human nealth. The question among stakeholders has been "What can we do about it?" To facilitate scientific understanding of the real and perceived impacts orred tide in Southwest Florida, Rookery Bay National Estuarine Research Reserve held' day-Iong..and evening community involvement workshops in ,January 2007. Scientists, economists and health professionals presented to 150 . participants about minimizing red tide, effects. AttendeeS. made , , recommendations that will be presented to local leaders and key-decision makerS. These workshops resulted in pl?lns \0 implement the top action , recommendations listed below. Recommendations . Implement a network of observational beach conditions' 'reporting via lifeguards, beach-front businesses, or other means . . . . Design and conduct a public information campa!gn about nutrients and water quality' ' . " ' . Educate the media .' " .Gulf of Mexico Alliance Southwest Florida Community Workshops , hosted by Rookery Bay National Estuarine Research Reserve with lunding from the Florida Coastal Management Program ......~ (~ -- Andy Reich. Florida Department of Health, pictured. Research'shows that those with asthma are more vuineruble to the effecls . of red tide. . , . Workshop Goals , Ageflda Item No. 56 June 26, 2007 - o Expert Speakers -Dr. Barbara. Kirkpatrick, Mote Marine l-aboratory - Andy Reich, Florida Department of Health - Dr. Cindy Heil, Florida Fish'& Wildlife Commission - Dr. ~ickStumpf\ NqAA - Dr. Chuck Adams, University of Florida - Dr: Sherrie Larki,n, University of Florida ." . ~ Jack Wert, Collier County Convention & Vi~itors 'Bureau . . - Director Gary Lytton, Rookery Bay.Reserve - Mayor Bill Barnett, City of Naples ~ Commissioner FrankHalas, Collie( County . Focus attention and colla~rathie action on achieving sustainabl$ economies and. , enviroiunental quality wtthin the ~ulf of Mexico. , . Synthesize community action plans to better address local environmental issues. . . Meet Gulf of Mexico Alliance goals by "galvanizing local communities" and focusing ~m priority Issues. . Engage the community by delivering the latest scientific information oil national and local environmental issues. ' Workshop Results '. , " ' , Based on the successful model piloted i.n Sarasota County, Florida, a Beach Reoortina System is planned for 1Q sites in Collier County. The system includes twice daily observational beach reporting by County arid City staff using Blackberries to email reports to a central database_ Reported dElta includes symptoms such as coughing or a tickle in the throat, which may indicat!'! the presence of rea tide, as wel! as surf conditions, seaweed and other hazards. Project partners include CoNier County Parks and Recreation ard ConventiQrl and Visitors Bureau, City of Naples, City of Marcq Island, Mote Marine Laboratory .and Rookery Bay: Data is immediately uploaded to a web site (httD://cooloate.mote.ora/beachconditions) and wi" be incorporated into the exist~ng local red tide holline. ' . Gulf of Mexico Alliance Background . The Gulf of Mexico AllianCe is an accordbetwelln the five Gulf States, 13.Federal Agencies, arid Mexico. 'In 2005, a 36-month Action Plan was released which focused on five priority issues. - Since . that time, community workshops l1ave,been held around the Gulf addressing each of these jssues. For more Gulf AUlance information visit: WWW.suDoorttheaulf.ora. ..~ ~ GULF:Of MEXICI ALLIANCE . Agenda Item No. 58 ,June 26, 2007 Page 4 of 8 Southwest Florida Commu~ity Workshop February 20 !l< ~1, 2007 Collier County, Naples, Flqrida . -, . ' Water quality and the amount'of potable water were top concems of people living near-the 'Gulf of MexiCo. These con~ms are compounded by the reality of changing climates.. Inar{effort to informJong-term' water supply and water quality protection plans, Rookery Bay National Estuarine Research Reserve held two public involvement workshops in February 2007. Sbcty-eightparticipants learned about current climate change research and discussed .the community's wat~r' management plans in relation to climate change. These recommendations will be . presenfedto local leaders and key decision-makers. We're not debating the science anymore, climate change is real, and it's time to take action" said Rookery Bay's Director Gary Lytton. Recommendations . Provide spec'ific recomm~ndations to m,.micipalltielli that . may include model ordinances or regulations to promote sustainability and bridge the gap between science and policy .. Encourage'localgovemments to start a'Task Force on Climate Change . cfft.' . Gulf of Mexico Alliance ~ Southwest FlOrida Community. Workshops r__' ~. hosted by \ ~ , Rookery Bay Nationlll EsttJarine Research Reserve 'o;:..".!"" with fundiFl9 from the Florida C'pastal Management Program Agenda Item No. 58 7 Expert Speakers Page .5 of 8 North America is the highest fossil-fuel, CO2 emitting region of the worid.with 1.73 billion tons of carbon in 2005. - Dr, Chris Feurt, Wells Research Reserve, ME ~ Dr. Mike, Bauer; City of Naples ,-- Gene Calvert, Collier County Stormwater - Director Clarence Tears, SFWMD - Paul Mattausch, Collier County - Dr. Harold Wanless, University of Miami - Dr. David Enfield, NOAA " . - Dr. Ril< Wanninkhof, NOAA , - Director Gary Lytton, RookeI)' Bay Reserve - Congressman Connie Mack .... Councilman Mike Minozzi,.City of Marco Island - Dr. Mike Savarese, Fl6ri~a Gulf Coast University Workshop Goals . Focus attention and collaborative action on achieving sustainable economies and environmental quality within the Gulf of Mexico. . Synthesize community action 'plans to better ad~ress local environmental . issues. , . Meet Gulf of Mexico Alliance goals by "galvanizing local communities" and focusing on priority Issues. . Engage the commu/)lty by delivering the latest scientific information on national and local environmentallssull$. . Call to Actio" In recent years, th~re has been growing evidence that the earth's climate will become warmer in the 21 st century, which raises the essential question: What impacts will global warming have on humans and the environment? . Among the most significant potential impacts of climate c,hange is that warming will affect freshwater resources. There may be changes in precipitation, evaporation, snow pack, stream flow and other factors. Climate change will present challenges to local communities. The Gulf of Mexico Alliance is working to address these concerns. . , I' , GuJf of Mexico Alliance Backgro!"nd The Gulf of Mexioo Alliance is an accord 'between the five Gulf State, 13 Federal Agencies and Mexico., In 2005, a 36-month Action Plan was released which focused on five pri(jlrity issues. , Since that time, community workshops have been held around the Gulf addressing'each of , ttiese issues. For more Gulf Alliance information visii: WWW.SuDDorttlteQulforQ ~ ~ I I 1- , " q.. ." GULF OF MEXI C' Alll AN C E Agenda Item No. 58 June 26, 2007 Page 6018 '., . Southwest Florida Community Workshop Match 27 &28, 2007 . Collier County, Florida Population growth:and development was identified as a top issue among t ,000 Gulf-wide workshop participants surveyed in 2005-06. 10 identify solutions, Rookery Bay National Estuarine Research Reserve in Collier County, Florida hosted two community involvement workshops foclllsed on sustainable growth. In February 2007, a day-long and evening workshop'was attended by 54 . participants. county .and statewide managers, planners, developers aFld scientists provided information on the challenges they face. Participants'and\ experts discussed and refinEld a series of recommendations that will be presented to local leaders and key decision-makers. , CoUier County Population, Density . 2004 319, 892 - Permanent Residents 432, 266 - Peali Population Collier.County Population Density Projected for 2026 470, 498 - Perm.lUlent Re.idents 1,066,420 - Petit Population Recommendatiol'l$ - . Identify and cultivate a government or community leader who has an environmental ethic to beCome a spokesperson or champion , . ~ Gulf of Mexico Alliance. . . "';;:'" Southwest Florida Community Workshops /4!II!I!i}. . . ,hostedby {~! Rookery Bay National Estuarine Research Reserve "_ . with funding from tl)e Florida Coastal Management F?rogram , Agenda Item No. 58 7 Page 7 of ,8 I Expert Speakers , The Rookery Bay Environmental Learning Center (pictured) USfJS all native. plants for landscaping, which reduces water use. - Dr. Mark-HoStetler, University of Florida .....; Jodi John, Sustainable Sarasota County - Joseph Schmitt, Collier County ~ Richard PettigreW, Govemors Sustainability Comm. - Terrey Dolan, Lykes Land I.nvestments - Councilman Rob Popoff, CitY of Marco Isl,imd Workshop Go~ls . F~cus attention and collaborative action on achieving sustainable economies and environmental quality within the Gulf. of Mexico. . Synthesize community action plans to better address local . environmental issues. .. . Meet Gulf of Mexico Alliance goals by "galvanizing local communities" and focusing on priorityissullS.. . ' . '. ' . '. . 'Engage the community by delivering the latest scientific Information on national and local environmental Issues. ' Call ~o Action' Florida's population' has dramatiCally increased ~rom approximately 2.8 million in 1950 to 15.6 million in 2000. The Census Bureau says , immigration, high birth rates and domestic . migration will drive Florida's population to 20.7 million by 2025. Between 1970 and 1990 Florida's' urbiim areas sprawled over one million acres of former1y rural land, natural habitats, ' farmland, and scenic open spaces. Most often, this land is converted to strip malls,housing, and low-density commercial developments. . , ' G"lf of Mexico Alliance Background The Gulf of Mexico Alliance is an aCC9rd between the five Gulf States, 13 Fed~.al Agencies a'nd Mexico.' In 2005, a 36-month Action Plan was released which' focused on five priority issues. -Since that time, community workshops have been held around the Gulf addressing each of thes~ Issues. For more Gulf Alliance information visit: . ~. . . WWW.SuDDorttheClulf.orQ RookoIy Bay ---- . Page 1 of 1 Agenda Item No. 58 June 26, 2007 Page8of8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting DlIte: 5B Presentation by Tabitha Stadler Coastal Training Coordmator Of 1r1e Rookery Bay National ESluanne ResearCh Reserve, regarding the results of six Gulf of MeKico Alliance community ,nput wor~shop5 held earlier H1is year 6/26/200790000P,M Item Number: ItemSummllrY: Appruved By James V Mudd County Manager Date BOllrd of County Comm;&sioners Counly Manager's Office 6/14120077:5& PM file:l/C:\Agenda TL:st\Export\85-June%2026, %202007\05. %20PRESENT A TI ONS\5B\5B%2.. 6/20/2007 Agenda Item No. 5C June 26, 2007 Page 1 of 3 PRESENTATION The mandatory Non-Residential Recycling Ordinance, adopted by the Board of County Commissioners on July 27, 2004, established the Waste Reduction Awards Program, the WRAP award, to recognize businesses and institutions for enhanced and innovative recycling programs. The Solid Waste Management Department's WRAP progran1 is consistent with the guiding principles adopted by the Board of County Commissioners on December 5, 2006; (I) Environmental and Growth Management Compliance, (2) Airspace Preservation, (3) Operational Excellence and (4) Best Value Scrvice. The Board of Collier County Commissioners is pleased to recognize Dal- Tile Company for their efforts to contribute to the greatcr good of all of Collier County by helping to prolong the usable life of the Collier County Landfill, by reducing their solid waste stream through an enhanced recycling program as evidenced by: . Dal- Tile recycles all cardboard and aluminum cans. . Dal-Tile's cardboard recycling container placed behind the building is shared with three other businesses contributing to cost savings for all the businesses. . Dal- Tile also recycles all their pallets and promotes source reduction by reusing boxes and packaging for re-shipping. . Dal- Tile is a participant in the national Leadership in Energy and Environment Design (LEED) Certified Program. . The Dal- Tile purchasing department practices "closing the loop" by buying recycled products, and uses recycled paper for copying. . Dal- Tile's office staff just expanded their recycling program by recycling all office paper. Dal- Tile is an outstanding example of a business that manages an excellent recycling program and is in compliance with the Non-Residential Recycling Ordinance. The WRAP award program includes a certificate, a trophy, use of the WRAP logo and space on the www.col1iergo\.net/recvJe website to showcase their waste reduction and recycling program. - Therefore, the Solid Wastc Management Department and the Board of County Commissioners congratulates Mr. Patrick Henry of Dal-Tile on their continued support in promoting waste reduction and recycling. Their efforts and recycling leadership is a positive example to other manufacturing business and will have a significant effect on sustaining the usable life of the Collier County Landfill. Item Number; Item Summary: MeetIng Date: Page 1 of I Agenda Item No_ 5C June 26, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5C F'resentation jor the Waste ReduClion Awards Program (WRAP) \0 recognize Dal.Tile Company lar their enhanced and innovative recycling programs 5/261200790000AM PubliC Information Coordinator OM' Approved By Margie Hapke PllblicUtilities Public LJtilities Administration 5/22120073:16 PM Project Manager Date Approved By Jon Ogle Community Redevelopment Agency BaY$hore-Galeway Redev<!lopment 5123120074:07 PM Approved By Date Dalliel R Rodriglle'l:, M.B.A. Solid W~ste Oirector 6161200710:49AM Approved By Public Utilities SohdWaste JamesW.DeLony Public Ulililips Public UiililiesAdministralof Date PI~bIiC Utilille!> Adminislration 61111200711:55AM ApplicatjollsAnaiysl Date Approved By OMBCoorc1inator Adminislrativ()Serjic~$ Inform<Hic:mTechnoic;9Y 6!1212tJ079:44 AM Randy Gr..enwaid !li:an~gemenIlBudgalAn'llysl Date Approved By County Manager's Office Oflice of Management & Budgel 6112/10071:24PM Apllroved By Michael Smykowski County Managers Office Mal1il~.IOITl'Hlt &. Budget Dir'.:>ctor Date OffiC<;1 of Managr-ment & Budl1'-'t 6i131200712:46PM County M~nager Dale Approved By JamesV. Mudd Board Of County Commissioners County MJrMger's Office 6i151200711:1llAM file:! /C:\AgendaTest\Export\85-June%2026,%202007\05, %20PRESENT A TIONS\5C\5C%2.. 6/20/2007 tIIAY-134-'-20137 113:46 Agenda Item r-;tq.[ftVI31 June 26, 2007 Page 3 of 3 COLLIER COUNTY WASTE REDUCTION AWARDS PROGRAM NOMINATION FORM CRITERA A business must be located within the unincorporated areas of Collier County and have integrated new, expanded, exceptional and/or innovative recycling and/or waste reduc:tion efforts into its solid W8'ste management system in response to and exceeding minimum requirements of the Non-Residential Recycling Ordinance No. 2004-50. The Ordinance can be found online: WWVI.colliereounlyrecycles.comlpagas/aboutBusiness.asp. Examples Include but lire not limited to, partnering wlth another egency to reuse waste materials, increasing capture of recyolable materials fTOm zero to 100%, incorporating innovative methods of collection andlor processing of recyclabh. materials. Businesses can be self-nominated, nominated by an indiVidual, or as the resuil of a site visit by County personnel. AWards will be presented four times a year in January, April, July and October. A panel of teohnical associates considering the waste reduction and recycling program merits, based on the program summary, will determine the awards. AWARD DESCRIPTION The Collier County Waste Reduction Awards Program includes space on the websile, . www.colliercountyrecycles.oom. showcasing the business and its exceptional recyclinglwaste reduction program, use of the CCNliRAP logo including a small window display, and a recycled glass award. . ~TEGOR'ES ( L:...-) Offioe Institution . Retail P.G.r\uRCl0~ \See Submit to: Collier CDunty Solid Waste Mgmt. Depl 3301 Tamiami Trail E~ Naples, FL 34109 Fax: 239 774~222 'I ~ Date S \ ("",I! ::Jj:. fCO .J0o...p\f::; J FLd2\,f)A- ~ L/-l.a:L Phone loL\3- \9,2,'3 Nominator ~-i---~}a\-=t-~J:s..l.J:: &0 Phone ,3d - d.,~08 I ~ 1..01--,,1) I Address . AddresslAflinatlon * PLEASE tiTACH RECYCLING PROGRAM SUMMARY (descriptive pages as needed) ~- \!l~r0C: 0,\ \ ~cr-d~Q)r-d / PiLrficir+";" -ite *- fr\e..C2jQ,\e 0.\ \ CSl\Uff\\ ~IJ-\Y\ "* 9le- - LJ5::'L. <\-. reC()Q;t:- (3)\ \ .~ \C-G *" S'D~\e- r~c OIl) 1..0\ '3 omer- 't:Ms\\les,~ :)&- Vv.s\- ,:=s\N"-\\~ -lD \U~\G a\ \ ~r 91E- \.J.Sc. 'oCS'f.~S ~\ S""~W\rs ., l)1I rfl \ro.K re.c..~\ed Do..pLrC:; LE:6D S; t411;}il f A,fYO'Q.-'V'.J .1. TOTAL P. 131 . Agenda Item No. 5D June 26, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Jonathan Rudd, Trades Worker I Journeyman, in the Public Services Division, Department of Parks and Recreation, as Employee of the Month for June, 2007 OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Jonathan Rudd, Trades Worker I Journeyman, in the Public Services Division, Department of Parks and Recreation, as Employee of the Month for June, 2007. CONSIDERATIONS: Jon has been nominated for recognition as Employee of the Month because he is considered one of those special people with the skills and talent to repair anything that doesn't work, and has the ability to build whatever it is he needs to complete the job. He is one of the finest carpenters around and anything you ask of him, he does - always with a smile on his face and a positive attitude - and always backed by a quality job from a "true craftsman." He spends countless hours at Sugden Regional Park after work and on his days off working with the Special Needs Sailing and Water Ski Program. The kids and adults alike adore him. He has mentored many children over the years, giving them an unforgettable experience that will last a lifetime. Teaching, building docks, repairing engines, whatever it takes to keep the Sailing and Water Ski Programs running smoothly, he is there to make sure it happens. It is workers like Jon who are total assets to the County, both as an employee and as a volunteer who makes our County programs at Sugden Regional Park so successful. People like him are few and far between. It is just not often that you come across a person that dedicates his time and energy with such passion. We very much appreciate the time he spends working with our programs, as well as his unmatched generosity. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the relevant department's budget cost center. GROWTH MANAGEMENT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Jonathan Rudd as "Employee of the Month" for June, 2007. PREPARED BY: Brittany Mahon, Employee Recognition Coordinator, Department of Human Resources ..-- Page I of I Agenda Item No. 50 June 26. 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 5D Recognition of Employee of tile MonHl Selection. ,JollaH)iim Rudd from Parks and Recreation el26f200790000AM Approved By Brit/ney Mahon EmployeeRecognitionCoordinlltor Date AdministrativeService$ Human Resouces fi/81200711:34AM Approved By Jean Merritt Human Resources Director Date Administralive$ervices Human Resources 6/11120074:54 PM Approved By Len Golden Price AdministrativeSer\licesAdministratof Date Administrative Services Admmistrati\l8 Services Admin 13112/20075:50 PM Approved By OMBCoordinator Applicatiol1sAnalysl Date AdministraiiycServices information Technology 6f13/20077A2AM Approved By Mir.j11!el Smykowski Maflfl\Jement & Budgel Director Date COllntyMan1!ger's Office Office of ManagNtlerll & Budg.,t 6f131200712:5ZPM Approved By J~rne5 V Mudd County Manager Date Board oiCounty C""m,i~sioners County Mana(ler's Office 13114120078:42 PM file://C:\AgendaT est\Export\85-Junel}G2026,%202007\05. %20PRESENT A Tl ONS\5D\5D%... 6/2012007 Page 1 of 1 Agenda !tern No. 5E June 26. 2007 Page 1 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 5E Wright Constndiofl will preseilt the status oj their construction effm1S for lhe new County MeetIng Date: Barnfac.ility 5126120079,OOOCAM Prepared By Ron Hovel! PrlncipillProjed Manager Date Adminl$\rativcServicfJs Facitil:i"s.Mal1a~wment 6/11/20074:JO:40PM ApprovedB}' SkipCamp,CFM Fncilities MarJagemantDirector Dllte AdministnltivaSer;lces Facili!,es Management 6/12120071:J5 PM Approved By Len Golden Price Administrative SfJrvi<;t!$ Admin,strator Date Administr<llivt' Ser'lices Admin;strative S'lrvices Admin 6112/20075:49 PM Approved By OMS Coordinator APl'li~:\!irm;; An~lyst OatB Adminislralivl)Smvicl);; Informatic'llTecilnology Cli3/20078:()7 AM Approved By Laura Davis<;clIl MM,J,(Jemonl & 8Lldgot Analyst DaN COll'lty MarlJger'<;Offlce Offir.E' ')1' Mal1~'J"m"nt & [1uClget 6/13120Q1B'42AM Approved By Michllel Snly~"w5ki Management & 8mlg<'t DirHctor Pate COllnty Man~ger's Office Oliif;!' 01' M;magiJfl1enl & Bud(Jet hi13J20()7UiV PM Arproved By .lalr"o$\I. Mudd CQunl,' Mana'18r Date, 8~'3rd I)f Gounty Comrniss;oners County' M~nag"r'5 Office C/1f.f200710:24AM ~-. tile:! /C:\AgendaT t::Sl\Exporl\85-June'r02026, %202007\05. ~'o20PRES I-:NT A l'IONS\5E\5E%2.. 6/20/2007 LUI'--N _0_ -::>0 'N ~'" EN Ol ",,,,'" ::::C:CL "," -04 C '" Ol <( ~ o ... z o - Eo- ...: Eo- Z W r/J W c:: l:l., c:: o Eo- U ~ Eo- Z o U r-- = = N "" N " ~ :; .., " - eo Q == .=: - eo - == " '" " .... l:l., '" .... eo o ~ .... ~ -= U " -= - .... .s '" " " .;: .... " r/J .:.:: '" i:il - eo - == " = " OIl eo == eo :;s == .=: - " =' .... - '" ~ o ~ "T - '" ...., , ~ = i.: " .c = =' Z - " " o .... l:l., .2! - E::: - " " o .... l:l., .... " .c = =' Z - " eo .... - == o U '" = = N lr> .", .!: :: '<j eo ... - " '" ri: a == =' o U 1:;>1:;> o 0 - - '" '" , , '" 0 g E o "' ~ - >; -5:= .~ 'u "' ~ - == " = - .... eo Q.. " Q "' '" .... 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'C tI'J ~ " '" ~.....-; os '" tI'J ~.5 == o - '" " eo :: '" .~ C::Q " :; '" " -= " ~ '" - " '- '" 0 os '" -= os l:l., " ~-= ~ 00 = = = N ~ .~ ~ - " r-- '" = os = -= N l:l., ~ " - - .... o - " os .... - ~ o U ... .... eo " = - == os os Q .., ... .... os = == os ..., " " == os .;: os ;, " N 's '8 ~ o - == " .:.:: os t '" " == == eo ~ ...: " OIl '" == .c .... " '" == =' '" == eo " :; '" " -= " '" '- o '" os '" -= '" '" = == = .:: 00 _ r--" " '" ...: " == o == " " == os .;: os ;, '" N -s '8 ~ o - .:C - " " .~ o .... Q.. '" :E: Eo- == " -" os Eo- - '" " == == os ~ '" = - os - r/J - " " o .... ll. - == '" .... .... =' U '" == .=: - " ...: Agenda Item No. 6A June 26, 2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples. Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 June 6, 2007 Mr. James Piwowarczyk, Manager Holiday Manor Cooperative, Inc. 1185 Henderson Creek Drive Naples, FL 34114 Re: Public Petition Request to Discuss Golf Cart Usage on Henderson Creek Drive Dear Mr. Piwowarczyk: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 2007 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However. your petition may be piaced on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a,m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Si!J-c.,eIY, .;< / /L/ :q/;;7~ ~Mudd County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator - Jun 06 07 02:13p Holida~manor 2397740421 p.1 Agenda Hem No. 6A P~26, 2007 Page 2 of 3 /~F;:}- : . rl'l 10 : 17'1-- ljo ID f1rr ~: Co c},ur f ;V! J1~~ tfE=t2- Request to Speak under Public Petiliorl Please print Name: - /l/} O. \/ './ /I /), .) J ,9",13:. S /VI, !/tcJowd/{'tYZ 7"'/'1 / rM.J46'-!;,G Address; /J"'L-/PIf}l /?/',f'-t/'P,I!/ Co,,?6.R,?-T/J/E:/ ..z-k-"C_ // X's: #~N.-t..!'C>A) Cr7Ezf)( p"f/y,e ~,PL..G'5 FL 3 f///.y / Phone: 'A37- 77Y- Yf?Y ~#;r,~ ;?s9-7?f/'-:d/.y';2/ ~ A./LY ;rF /'/Lc.cS.s,.-ey Dale of the Board MeetirlQ YOU wish 10 soeak: Please explain in detal/the reason you are rOQueslinq 10 sllsak (attech additional Daoe if necessarY): S'6C ;fl7/..;t;./.E;D !W.G-E7, Please explain in detail the action yOU are askinolhe Commission 10 take (attach addition,., paqe if necessarY): - See. Jrr#f'.Y,ffl ~.i=.G T , 1/6/01 F:\DATA\""EiITION POLICY FOR F'UIRIC PETlTIQN\Pubflc PetitIon A(lqtlf:t~1 fi"l'm.do<;. f#&f / of d- Jun OS 07 02:14p Holida~mano.... 2397740421 Agenda It~ ,ilJo. 6A June 20-, 2007 Page 3 of 3 .../ Holiday Manor Co-Op, Inc. 1185 Henderson Creek Drive Napl<'8, F10rida 34114-8718 A Mobile & RV Senior Community: Age 55+ Resident Owned Phone: 239-774-4474 Fax: 239-774-0421 E-Mail: HolidayManor@earthlink.net Web Site: www.HolidayManorCo-Op.com Golf Cart Usage Re~ The residents of Holiday Manor frequently use golf carts as a means of transportation around the park. Many residents have no alternative but to use Henderson Creek Drive to reach certain parts ofthe park. We are requesting permission to allow our residents to use golf carts on Henderson Creek Drive. Please contact Jim Piwowarczyk, Manager at Holiday Manor for more information_ ~. '1- ...1/ ~- f:piTC .? <"~ ;;L r Agenda Item No. 68 June 26, 2007 Page 1 of 13 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Rorida 34112 . (239) 774-8383 . Fax (239) 774-4010 June 12, 2007 Mr. Pete Lytwyn 4131 13th Avenue SW Naples, FL 34116 Re; Public Petition Request to Discuss Amending Noise Ordinance 90-17 Relating to ATV's Dear Mr. Lytwyn:: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, a~Ku~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Agenda Item No. 66 June 26, 2007 RECEIVElfage 2 of 13 Request to Speak under Public PetitiorOFFICE OF THE COUNTY MANAGER Name: 9-de-- ~ JUN 1 1 2007 Please print ACTION L1fwyf'V Address: If/3/ 131-~ AVL 50 N,o,-p Ie. '5 t r L 7:> '-/11 (p Phone: 0. 2J9 ~ ~ 5 ~ - S 7 (p 7 Date of the Board Meetina YOU wish to speak: -d l...",-.ll .;;1....1.. I 2-007 Please explain in detai/the reason YOU are reauestina to speak (attach additional paqe if necessary): We.. c\'y'e. hClviVl~ Oh~r~;~ Mise. ~rb~ !lu.x nc.ijhbDY'S Mo4iC"ie.d A'IV yv-.......((le.r:s Po I~c.t!. o..V\4_ lode. en~cY"(:..eW\~h-t- z:,H;CJU.s ho..ve. b~l'"I c,,-llcJ QI,I\c/ V\l1Ve.. Y\ 6 -t 5 '-l <:. c. e.e..dc.J -+-> -Se.- i 2tz... +h i s P ("" b b... .. C Se.c:.. o:J:iQcl..~~) Please explain in detail the action YOU are askinq the Commission to take (attach additional oaae if necessary): GI'YII'V\L-,0iVlj Y\ni:<le OV-JiMI1CP qV-17 ~lA.e.s-\-;Yj ~cl AlV'S 0t.h'V\DT Vl'\tdJj ---1 r \t"Y\l.L ~(. _ 4-n VY\.a..ICo.... ~ \ D~ I h r.e....s.\cI~-+-;A..1 C(veA..S C:\Documents and Settings\Shirley Lytwyn\Local Settlngs\Temporary Internet Files\ContenUE5\5KZZHE51\Public Petition Request Form.doc Agenda Item No. 68 June 26, 2007 Page 3 of 13 Shirley and Peter Lytwyn 4131 13th Ave SW Naples, FL 34116 239-250-5767 shirleylytwvn@swfla.rr.com May 31, 2007 Sheriff Don Hunter 3301 E. Tamiami Trail Naples, FL 34112-4902 Dear Sir, I am writing to you regarding an ongoing problem we have with our neighbor, Kimberly and Hans Fekkes, 4125 13th Ave SW. We have called the police twice and we have police reports #07- 00009602 and 07-09838 to reflect this. According to the reports, they changed the mufflers back on their ATV's on March 22,2007. On May 16,2007, I heard the loud ATV's next door. I went to the fence and spoke with the grandfather and he informed me that his grandson, Dalton and friend Cory Schofield put their loud mufflers back on. Kimberly Fekkes walked over and started arguing with the grandfather and the grandfather mentioned that he did not like the loud noise. I noticed that Kimberly was defending the situation. Since then they have been riding their ATV's with their loud mufflers. I have spoken with Gary Dantini, code enforcement supervisor, who informed me that this is not a code enforcement issue. His phone # is 403-2342. Christine Bates, investigator, said that this is a code enforcement issue phone #530-9785. I spoke with Lt. Rich Hampton, he said we need to measure the noise. I left a message with Dave Butler, he never returned my call. I Agenda Item No. 68 June 26, 2007 Page 4 of 13 2 I am getting tired of being bounced back and forth like a volleyball. I think it is time for someone to take care of this on- going problem. I do need to let you know that I have heard through 2 neighbors that the Fekkes have guns. I would use caution when dealing with this situation. They mistreated the first officer that came and conned the second officer. I know that the grandfather does not like the noise. The difficult person to deal with is Kimberly Fekkes. I called their house on January 21,2007 and spoke with Kimberly and she basically said that she would not changed the pipes back and I would have to do what ever it took to change the situation. I asked her if she had any problems up North in Indiana where they came from and she avoided the question. My son went over there the next day and Hans Fekkes told my son that they had a problem with a neighbor at their previous home regarding A TV's. The neighbor threatened their son and moved away. We are really getting tired of being subjected to this loud noise and would like to know what will be done about it. Thank you, Shirley and Peter Lytwyn Cc: Lt. Rob Campizi Dave Butler Christine Bates Agenda Item No. 66 StatuteS & Constitution :View Statutes :.>2006->Ch0877->Section 03 : Online Sunshine PeelaJf 1'007 ~age 5 of 13 Select Year: 12OO6.d II The 2006 Florida Statutes TItle XLVI Ch.pt.... 877 View Entlr.. Ch!lpter CRIMES MISCELLANEOUS CRIMES 877.03 Br..ach of the peace: disorderly conduct.--Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and qulet of pet>Ons whD may witness them, or engages in brawling or flghting, or engages in such conduct as to constitute a breach of the peace Dr disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided In s. 775.082 or s. 775 083. HIstory.--s. 1, ch. 59.325; s. 1147, ch. 71-136; S. 2, ch. 86.174. Copyright Cll995-2006 The FIor1d'l.eilslalure . PrtvaQ' Stlltement . CantJlct Us . http://www.leg.state.fl.usJStatuteslindex.cfm?App_rnode=Display_Stanlte&Search_String...1/17 /2007 . .' ffi8$2.. -::>~ .0 .o.~ E'" '" ,"(!)Ol =::C&:, ",::l '0' C OJ 0> <( c o .- - CJ :s "C Q) IX: "C C :s o rn - c Q) :c E ~ Ii J rs '" - .. II I I! " j1 t .n ,- ii II " : ., , , - - i II : : - l:: .. :I : - .. ... .. .. 0 ., to I lB i :l &l 18 ::l Ii , ~ :I :I j ~ ~ j j i ~ J j " 51 i z z z z z z Z z Z I I I I I I I I I ;! ;! /: .. 13 0 : .. .. 0 ., ., . 6 g g .. g ~ ~ g ~ .! Q Q Q I l : :;; .. &l ~ ~ .. .. ., . .. i i j j j ~ ~ ~ j i 51 j 51 Z z z z z z z z 1Il I I I I I I I I I lB lB 1: N 18 ::l .. , ~ 0 ~ ~ ~ ~ g g ~ .. ~ g Il: Q Q Q Q .!! Q i J f I J~ 0 III ~ ! ~ ~ I I .,: .. ~. '" .. .. .. N . - "'lO :lli :! '" fO.V) .. Ii e . .. ~ lO cD cD e s is ~i '" i II i -", .. j s_ S~ !j !j 'i. .. . :;; :;; ~ I i -g I 'il I ! ~ J I :IE . Q) :c tJ. . ) Q) :c tJ. ..... . ~ORr NOHBER: 0700009602 (9 NARRATIVE Agenda Item No. 6B June 26, 2007 Page 7 of 13 . . :rncident Report ON D3-20-07 AT 1745 HOURS AND AGAIN AT 1823 HOURS, I RESPONDED TO THE AREA OF 13TH AVE SW, IN REFERENCE TO A NOISE COMPLIANT FROM THE VICTIM. THE VICTIM STATED AND FILLED OUT A SWORN STATEMENT FOR BREACH OF PEACE, IN REFERNECE TO NEIGHBORS RIDING ATVS WITH ALTERED MUFFLERS, MAKING THEM EXTREMLY LOUD AND DISTURBING. I ATTEMPTED TO TALK WITH THE OWNERS OF THE ATVS, (SUSPECT NEIGHBOR) THE FIRST TIME AND GAVE THEM A VERBAL WARNING IN REFERENCE TO THE NOISE. THEY STATED THAT IT WAS THEIR RIGHT TO RIDE THE ATVS ON THE PROPERTY AND WOULD NOT STOP, OR CHANGE BACK THE MUFFLER TO AN ACCEPTABLE NOISE LEVEL TO THE OTHER NEIGHBORS. WHEN I RESPONDED TO THE SECOND CALL, I COULD HEAR THE ATVS AS I DROVE DOWN THE ROADWAY, ON THE SUSPECTS PROPERTY, AND THEY WERE VERY LOUD DUE TO THE ALTERED MUFFLERS. I ASKED THE OWNERS OF THE ATVS IF THEY COULD REFRAIN FROM RIDING THEM UNTIL A COPS DEPUTY COULD COME BY AND TALK TO BOTH PARTIES AND HOPEFULLY SETTLE THE SITUATION, AND THEY STATED "NO". WHILE I WAS TAKING THE SWORN STATEMENT FROM THE VICTIM IN HOME I COULD HEAR THE ATVS BEING DRIVEN AND REVED UP AGAIN. NOISE WAS EXTREMLY LOUD AND DISTURBING EVEN WHILE THE VICTIM INSIDE THE HOME. I ADVISED THE VICTIM THAT A MISDEMEANER INVESTIGATOR WOULD BE IN CONTACT WITH THEM AND TO LOG DOWN ANY FURTHER COMPLAINTS FOR HIM. THEIR THE WAS WHILE I WAS LEAVING THE AREA, THE OWNER OF THE ATVS, STOPPED ME IN THE ROADWAY. SHE STATED THAT THEY WOULD ATTEMPT TO COMPLY AND CHANGE THE MUFFLERS, SO AS NOT TO DISTURB THE OTHER NEIGHBORS, AND WANTED TO MAKE PEACE. I ADVISED HER A REPORT WAS TAKEN PER THE REQUEST OF THE VICTIM, AND GAVE HER A CASE CARD. NARRATIVE Reportin;r O'E'ficar: Cl'L CORNIOLA ID: Di3trice/S.ection: D.a:t. Printed: 1910 District 2 03/21/2007 Collier County Sheci:t:~'. O~fiCt!Jf Na111e., FL .age 5 of !5 _':"___..M_____._~..8.~_._.._..._......__M._...__.._._'...8.M_8.M...___.._._._".........._....._......__...M_....._.M___.........._..........._..._.................M_........_........__..............................._.................. REPORr NUoMBER: 070~009838 Lf.\ ~ NARRATIVE Agenda Item No. 66 June 26, 2007 Page 8 of 13 Incident Report ON THE ABOVE DATE AND TIME I WAS DISPATCHED TO 4131 13TH AV SW, RE: LOUD ATV. VICTIM/REPORTER LYTWYH ADVISED THAT SUSPECT SCHOFIELD HAD LOUD MUFFLERS ON HIS ATV AND WHEN HE WAS RIDING IT ON PRIVATE PROPERTY AT 4125 13TH AV SW, THIS ACTION DISTURBED HER PEACE AND QUIET. SCHOFIELD WAS AUTHORIZED TO BE RIDING ON THE PROPERTY AT 4125 13TH AV SW, I CHECKED WITH THE OWNERS. THE PROPERTY OWNERS (MR & MRS. FEKKES) ADVISED THIS IS AN ON-GOING FEUD WITH HER NEIGHBOR MRS. LYTWYH. I DID NOT OBSERVE OR HEAR ANY VIOLATION SINCE THE ATV'S WERE PARKED FOR THE DAY. LYTWYH INSISTED ON THIS INCIDENT BEING DOCUMENTED AND SHE DOES REQUEST FOLLOW-UP WITH c.c.s.o. THERE WAS A REPORT GENERATED ON 3/21/07 BY D/S #1910 FOR THE SAME COMPLAINT ABOUT THE FEKKES'S ATV'S HAVING LOUD MUFFLERS. MR. FEKRES ADVISED ON 3/22/07 HE REMOVED THE LOUD MUFFLERS AND REPLACED THEM WITH THE STOCK MUFFLERS THAT CAME WITH THE ATV. THIS ACTION CORRECTED THE PROBLEM FROM THE PREVIOUS DAY'S INCIDENT. NARRAT IYE I R..porti~ Offi.cer: S TEVEH YOURG ID: Dioltr:.ict/Sect.i.on: llIte .Printed: 3029 District 2 03/23/2007 Collie.r County SlJerUZ r. O~ficel' Ilaple., FL Page 5 of 5 COWER COUNTY SHERl'F'S OfFICE 3301. T Ald'AM' TRAil. E., BlDG. J, NAPUOS. FL 34112-4902 Agenda Item No. 68 June 26, 2007 Page 9 of 13 . -vs- SWORN STATEMENT (i) Report No. 07- Dot 83>8 STATE OF FLORIDA Name 5~;..1~,) L y-t-wy" Home Address Y 1.3/ /3..jk Avf sW Won< Address h 6fll!!..oC.1 f-L 3"1 II~ who, being duly sworn, deposes and says that on the ~ day of Date of Birth Ole-a 7 ~5~ Telephone :J..J'I...,v:;o -s 7" 7 Telephone (Y)~Rc.N. , A.D" 20!Lf-, in c.c h..lcA,C.-ru! '(.. h..... \f'W\.Atl'\ F d::: K..t..$ ~ 1\ h~:S hCi~y ~...., 11.",,. ~~ I Mu L&) i{h. ~ r~ whi Ie. _~o W,l,.... Cl-t t'- ~_Jt\4t'A.~~ +0 ..U.__ ~I" :I- ~Ld ~.: i Lk. el:.~ ~6-r- ~~d~ ki6 r;(ik~ h........:: ~ ~_ N ^^^"- q; -:r:: t..) b lA.l J \.l -tL... ~, . et \ '1Ca... i> LL S l" 1\ "~,-~+zs.a &>-. 6 STATE OF FLORIDA, COUNTY OF ~~ ~ _f\.'\~ . 20.Ql, by b", :c. -C~ YO) , Sworn to and subscribed before me this 22....day of Shl'r1~ L-;Jf,../-wy.Yl Name of person ing stat ent MV Commlssl", Expires: "jI/PersonallY Known OR [J Produced Identification, Type of Identification FMntlM.Rc'-Ollln.l~ _...~ ~- -------- I . RadioShack.com - Home Entertainment: Accessories; Audio accesso... <. . http://www.radioshack.comlproducV~~~.1>r&lIPfS&I1ili 03667... June 26, 2007 Page 10 of 13 @RadioShack. I Order status I Your account ~ Wish Ust 1!r:Your cart~ , Weekly Ad , , 'j:,d'-l(;::i< j '$hpp~:,,;tool$,ji';::Search t pound meter -'''~>''': *~.~"A4'ih:': """', :.;;j,i""",,,,,,, . Outlet store . Store locator . On ll81e ' ReutafCh Jlbrary .~ . 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Sign in to see your order history. > Visit your account to change your personal information. , Learn how to return an item. . ChecJ<. our refund policy. . Contact us anytime. . Forgot your password? > See our site map. . Hablamos espaflol: !R".. 1~800-843-7422 About us ; Careers ; Investor information ; Franchise opportunities Become an alliUa1e ~ Privacy policy Terms and conditions Credit card services Commercial sates Product safety recalls Online prices and produd seledlon may vary from our ratalll!ofes. .AJI prices and offers are subject to chsnge. Copyright (&l RadioShack Cotporatloo 2007. All rlQhts resetIIed. 20f2 3/141200710:46 AM T YOSHIMURA A TV CaMP SERIES COMPLETE SYSTEM AND... http://www ;i!!r.Wi'~flg-RfJ%1.%l?fi73 .hlm! June 26, 2007 Page 12 of 13 I I I ' i 1-877-570.1532 nT'1I Upqrade ' . --- j A TV Exhaust Home> A TV Exhaust> YOSHIMURA EXHAUST> YOSHIMURA ATV COMP SERIES COMPLETE SYSTEM AND SLlP..oNS ~ A TV Comp serl.. (RS~3) Complete System. 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Elliptical 62-8711 $299.95 Choose Your Model, Year and Color: I ARCTIC CAT DVX400 03-06 Brushed 62-8711 OJ Add to"Cart I Home I Articles IArticles21Show Cart I Prlvacv Policvl Site Map I Contact Us Copyright 2005 2006. A TV Upgrade LLC. All rights reserved. ATV ExhautCt Systems HiQh performance exhaust systems ilt low prices. $99 orders ship free. HMF Eyhaust w. cany HMF Exhilust at super low prices. Free spark arrestor. r Agenda Item No. 6C June 26, 2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 June 14, 2007 Ms. Brenda Talbert Executive Vice President Collier Building Industry Association 4779 Enterprise Avenue Naples, FL 34104 Re: Public Petition Request to Discuss Model Home Permitting Process Dear Ms. Talbert: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. . ereIY,. o/'~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator ,..,.,. .. yC-. Agenda Item No. 6C June 26, 2007 Page 2 of 3 Reouest to 80eak under Public Petition Please print Name: -;). - \f 7\ UI<..~Dt1,. \ At...-I3'E12.:r '~)cF(lI\"'I\)t. or.. 'r-'~If)E'N" J C"DL-L..\"r./t. "6u.;.....!).NG. :Dl\)\l~\l"l'l A<::,~ClI'TlllY\ Address: L(-r-r'l 7r'\~""'P{";Si' Me ~\a~\"1 't-.l- 3~ Phone: d~'1-Lj~- t.1 crt') Date of the Board Meetino vou wish to soeak: t\U(l ~ 2/.; ~ lm1 Please exolain in detail the reason YOU are reouestino to soeak (attach additional oaoe if necessary): ~{' ....4> D1v.J Please exolain in detai/the action YOU are askino the Commission to take (attach additional Daoe if necessary): $e.e. ~.\k:.c.-W C:\Documents and Settfngs\Brenda\LocaJ Settlngs\TemporAry Internet FUes\OLK14\?ubltc Petition Request Form.doc .. Agenda Item No. 6C June 26, 2007 Page 3 of 3 ReuOll for publk petition :request: Criteria fur a conditional use permit are spelled out in the GMP GG:AMP fur Golden Gate & Colliec Blvd neighborhood center transitional areas. A model home permit currently has duralion of3 years ftom the date of ,,!,p.lUyal. No subsequent iq.nR~ of a conditional use permit sbalI. be for a period llX'......n~ 2 years. The total time period oftempomyuse and conditional use permits together sbalI. not exceed 5 years. All existing model home permits. fur models not included in a PUD and fur scattered home sitelIot saIes will be or have expired within the next few years. This is putting a hardship on a small group of affimlable housing builders who have models alongthe Golden Gate and Collier Blvd COIrldors due to the soft real estate market The builders will struggle to sell these mode1ll in this lDIIIket These models are especially marlreted to the affordable housing ll1lII'kets and there are limited locations to IIllIIht a single model home that is not within an established neighborhood. These models serve a valid community need by providing affordable housing options to the potential homebnyers. The models are kept in peak condition with Iowtraffic to and:from the models; which makes them "good neighbors" within the community where they are located. Requested action for the Coll1lllission to consider. . All existing model home pen:nits NOT inside a PUD and for scattered home sitel10t sales and especially for affimIable homes should be extended (grandfal:hered fur a period of 5 years from date of approval of this request. . Streamline the model home permitting process so that all model homes permits that are NOT inside aPUD and for scattered home siteIIot sales be renewed on afive (5) year basis instead of the current three (3) term with two possible one-year renewals_ Agenda Item No. 60 June 26, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 June 14, 2007 Mr. Frank Denninger 461 East 40'h Street Hialeah. FL 33013 Re: Public Petition Request to Discuss The General Management Plan for Everglades National Park Dear Mr. Denninger: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 2007, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance. please do not hesitate to contact this office. Sincerely, a~sY?:{4 County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator ,...'-~ Agenda Item rfdl!ffi:J1 of 1 June 26, 2007 Page 2 of2 )dinejudi To: brock_m subject: RE; Request to speak under public petition regarding the Everglades National Park General Management Plan Reauest to SDeak under Public Petition Please print - Name: Frank Denninger Address: 461 E. 40th St., Hialeah, FL 33013 Phone: 305-836-9281 Date of the Board Meeting you wish to sDeak: June 25, 2007 .- ase explain in detail the reason you are requesting to speak (attac/:l additional page if necessary): Would like the Commission to entertain the idea of submitting a resolution (see example) to the National Park Service concerning their General Management Plan for Everglades National Park. Please explain in detail the action you are asking the Commission to take (attach additional pace if necessary): Produce a resolution conveying Collier Collier's concerns and ideas regarding this General Management Plan and submitting it to the applicable entities: ego National Park Service, Everglades Planning Team, P.O. Box 25287, Denver, CO 80225-0287, and appropriate state and federal elected officials. 6/1412007 Agenda Item No. 7 A June 26, 2007 Page 1 of 76 EXECUTIVE SUMMARY CU-2004-AR-6384 Golden Gate Congregation of Jehovah's Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property, consisting of 5.15 acres, is located at 3480 Golden Gate Boulevard S.W., Tract 81, Golden Gate Estates Unit No.4, in Section 11, Township 49 South, Range 26 East, Naples, Florida OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERA TIONS: On October 22, 1996, the BZA approved a Conditional Use (See Resolution 97-440, Exhibit 2) for the subject 5.15-acre site, which comprises an existing 4,136 square-foot church and attached pastor's qumiers, paved parking area, native vegetation, and stonn water management areas. The Petitioner now seeks a Conditional Use for an additional church building having an area of 4,400 square feet at this current location of 3480 Golden Gate Boulevard. The new church building will be located twenty feet south of the existing House of Worship and attached existing Pastor's Quarters. A total of 153 parking spaces are proposed to meet the minimum requirement of 153 spaces for the proposed 356 seats. Access to the church buildings and parking area will continue from the Max Hasse County Pm'k entrance drive, and a secondary entrance from 1" Avenue S.W. will be restricted for emergency vehicles only (See Conditional Use Master Plan, Exhibit 3). Nineteen percent (.97 acres) is proposed for natural vegetation preserve area. Fifteen-foot Type "B" landscape buffers are proposed along the west side property line, and a ten- foot Type "D" buffer is proposed to be provided along the adjoining 1 'I Avenue S. W. street frontage. It should be noted that the County has taken the north 65 feet of this property as part of the Golden Gate Boulevard road-widening project. On July 19, 2005, Mike Landy, engineer and owner of Landy Engineering, Inc., and representative of Golden Gate Congregation of Jehovah's Witnesses Inc., requested a continuance from the July 26,2005 BZA meeting to September 11, 2005 meeting. The County Manager's Office requested that the applicant agree to schedule their petition for October 11, 2005. Mr. Landy agreed to schedule the Golden Gate Congregation of Jehovah's Witnesses Conditional Use petition to the October 26,2005 BCC meeting. On October 13,2005, Mike Landy, formally requested an indefinite continuance for the above referenced petition (AR- 6384). The owners have hired an attorney to help represent them (Ms. Deborah Stewmi) and have met with the Golden Gate Estates Civic Association on Wednesday, May 16, 2007. The Golden Gate Estates Civic Association met with Ms. Stewart and did not express any objections about the proposed conditional use request, but did recommend that they meet again about this Page 1 of 3 Agenda Item No. 7A June 26, 2007 Page 2 of 76 request and have the adjoining residential property owner, which was out of town for this meeting, meet to review the proposed request. Staff will update the BCC of the outcome of this meeting at the June 26, 2007 BCC meeting. FISCAL IMPACT: The new additional church building, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Conditional Use is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section lO.02.07(C) of the Land Development Code, fifty percent (50%) of the cstimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building pernlit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMPACT: Approval of this Conditional Use will not affect or change the requirements of the Growth Management Plan (GMP). ENVIRONMENTAL ISSUES: The Environmcntal Service Department staffs analysis indicates that the subject property consists of no significant environmental conditions. There are no environmental issues associated with the project. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council (EAC) did not review this petition because the subject property did not exceed the minimum area requirement (ten-acres) and/or the environmental sensitivity of requiring review by EAC. COLLIER COUNTY PLANNING COMMISSION (CCPe) RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewcd this petition at their regular meeting of July 7, 2005. By a vote of 5 to 1, the CCPC recommended to forward petition CU-2004-AR- 6384 to the Board of Zoning Appeals (BZA) with a recOlmnendation of approval subject to staff stipulations and the following conditions: 1. A Type "B" buffer, which includes a six-foot tall wall on top of a three-foot tall berm, shall be provided along the western property line consistent with the Land Development Code requirements, which includes irrigation and maintenance. 2. A Type "0" buffer shall be provided along the southern property line. 3. The access to I" Ave. S.W. shall be restricted by a gate to emergency vehicles only. 4. The southern most parking stalls shall be constructed with grass pavers. Page 2 of 3 Agenda Item NO.7 A June 26, 2007 Page 3 of 76 LEGAL CONSIDERA nONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BZA must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapters 10.03.05 and 10.02.13.8.5 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: . The proposed change has been deemed consistent with the goals, objectives, and policies of the Future Land Use Map and the applicable elements of the Growth Management Plan (GMP). . The proposed land uses are compatible with the existing land use pattern. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policies 5.1 and 5.2 of the Traffic Element of the GMP. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition CU-2004-AR-6384, subject to the CCPC recommended conditions of approval, as noted above, along with the following staff stipulations; I. The Director of the Depmtment of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application or major changes to the Site Plan, submitted as part of this application, 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 Division 10.02.03, Site Development Review and Approval of the Collier County Land Development Code (Ordinance 2004-41). 2. The Conditional Use approval to allow a church building is limited to the Site Plan identified as "Golden Gate Boulevard House of Worship," prepared by Landy Engineering, stamped "Received 7/12/05". 3. A six-foot-wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Celtificate of Occupancy for the new church building. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review0 Page 3 of3 Item Number: Item Summary: Meeting Date: Page 10f1 Agenda l1em No. 7A June 26, 2007 Page 4 of 76 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A Thig item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-200A-AR ,6384 Golden Gale Congregation of Jenavahs Witnesses represented by Mike Lalldy, of :..andy Engineering, IrK requesting a Conditional Usein the ESlates zoning dlslrict for an additionalcnurCh building pursuantloTable2of Section 204,03 of HIe Collier County Land Development Code, The proposed Conditional Use will replace fhe existing CU..96.12 (E) Ordlrlance Number 97_440 TM new church bUilding is proposed tobe 4.400 square feeL The property, COl1sis ting of5.15 acres, is locatee a13480 Golden Gate Boulevard SW Tract 81, Golden Gate Estates Unit No, 4, In Section 1~, Township.o19 South Range 25 East, Naples, Florida 612612:)0790000i',M PrinelpalPtanne, D,lte Prepared By MichaelJ. DeRuntl Community Development & Environmental Services Zonll1g & Land Development Review 5191200710:10:53AM r,oml E_ Feder, AICP Transportation Division Admini$trator Dnte Approved By TrllnsportationServices Transportation Services Admin. 5/15/20078:20 AM Approved By Ray Bellows Community Development & EnvironmefltalServices Chief Planner Dllte ZOllinij & Land Dovelopment Review 5/23f2()0711:51 AM DlIte Approved By Marjorie M Student-Stirling Assisnmt County Attorney 5123120Q712:10PM Approved B)' County Attorney County Attorney Office Susan Murray.AleP Zoning & Lnlld De\'elopment Director Dille Community Devetopment & Env;ronmentalServices Zoning & Lllnci Development Review S/23120074:0SPM Dale Appro\'cd By t,liarlene Stewart E~ecutive Secretary Community Dllvelopment & Community Development & Environmental Services Ellvircnrnentvl Sorvices Admin 6112120073:06PM JudyPuig OperahonsAn"lyst Date Approved By Community Development & Community Development & EnvironmclltalServices Environmental Services Admin. 6/13120Q72:55PM Aflproved By Joseph K.Schmitt Community Development & EnvironmentlllServicall Community Developmfmf & Ellvironmenfal Services Adminstrator Date Community Development & Environmental Services Admin. 6114120073:57PM Appliclltion$Anaiyst Dllte Approved By OMS Coordinator AdministrativeServicf's InformlltionTechnology 6!151100710:08AM Mark Isackson Budget Analyst Dale Approved By County Manager's Office Office of Management & Budget 6118/20079:22AM Approved By JamesV. Mudd Board of County Commissioners County Manager Date County Manllger;o;Office G!18/200711:03AM file://C:\AgendaTest\Export\85-June%2026, %202007\07 .o/020BOARD%200Fo/020Z0NTN,.. 6/2012007 Co18rr County ~"""""'?- -- ~ Agenda Item No. 7 A June 26, 2007 Page 5 of 76 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES, DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE: JULY 7, 2005 SUBJECT: PETITION CU-2004-AR-6384 PROPERTY OWNER/AGENT: OWNER: Golden Gate Congregation of Jehovah's Witnesses, Inc. 2512 44th Street S.W. Naples, FL 34116 AGENT: Mike Landy Landy Engineering, Inc. 2780 South Horseshoe Drive - Suite 6 Naples, FL 34104 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a Conditional Use in the Estates Zoning District for the construction and use of an additional church pursuant to Table 2 of Section 2.04.03. of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located on the south side of Golden Gate Boulevard, and west of the entrance of the Max Hasse County Park. It is further described as Tract 81, Golden Gate Estates, Unit 4, in Section II, Township 49 South, Range 26 East, Collier County, Florida (See Location Map, Exhibit I). eU.2004-AR-6384 cepe MTG. Page 1 of B , <(r--<D ~O,.... '?- , 0 ~-c.o EN" "",0'> =:c.&. "," '0"'" C '" 0'> <( ..,.. . . ! . ~ . - Z . ! ! wQ - ~ ....!i; - ! .,0 9 ! ! ! " . . . ! . \ . . . . . . .... .. - - -. --- - -- '.. -- . . . . . . . I . = I g ~ . .. ~ :> < . . . I . . ~ Ii . = ~ . . . i . i . . !; . . ~ . . .- . . . . . . . . . . - . . . . . . . , .. o o '" a. <( ~ W I- - CI) ..., "" .,- "' , " < Eo< H III H :I: ><: riI 1'"1:- -~- , ::> <.l .. Z o E w t1. R t t -:i -il I I OZ t wQ '!i; t 00 "'a . . ....... = =. '1 - I I I I. I. . . "'1 = '1 I I -..... .."" h ~!i I I 8. ~I! I I I 8. i ii' I .g II I . I. I ~ · ii s S I I i .1 ~ ~j I . " f ~ I I . . Q. <( ~ . - . z o I- <( U o ...J I 8. il I 0- . t · ii I t "l~.. II ~;III . 181 i _ il. I i~ -181 ; I -~ . ~ . Ii . I I li 111I i "IIi 1-__ Ip i Agenda Item No. 7 A June 26, 2007 Page 7 of 76 PURPOSEIDESCRIPTION OF PROJECT: Golden Gate Congregation of Jehovah's Witnesses, Inc. owns the subject 5.15-acre site, which comprises an existing 4,136-square-foot church and attached pastor's quarters, paved parking area, native vegetation, and storm water management areas. As depicted on the site plan, the subject property is developed with the existing church use as approved through CU-96-l2E (See Resolution 97-440, Exhibit 2). The County has taken the north 65 feet of this property as part of the Golden Gate Boulevard road-widening project. The petitioner now seeks a Conditional Use for an additional church building having an area of 4,400 square feet at this current location at 3480 Golden Gate Boulevard. The new church building will be located twenty feet south of the existing house of worship and attached existing pastor's quarters. A total of 181 parking spaces is proposed to meet the minimum requirement of 153 spaces for the proposed 356 seats. Access to the church buildings and parking area will continue from Max Hasse County Park entrance drive, and a secondary entrance from 1 sl A venue Southwest (See Conditional Use Master Plan, Exhibit 3). Twenty percent (.91 acres) is proposed for natural vegetation preserve area. Fifteen- foot Type "B" landscape buffers are proposed along the side property lines and ten-foot Type "D" buffers are proposed to be provided along the adjoining street frontages. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East South: West Church and parking area, zoned "E" Estates Golden Gate Boulevard right-of way, zoned "E" Estates Max Hasse County Park, zoned "P" Estates 1st Avenue S.W. right-of way, zoned "E" Estates Single family residence, zoned "E" Estates GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The subject property is designated as "Estates" on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). This designation permits residential development and Conditional Uses, including churches, subject to locational criteria. A Conditional Use for the church was granted in 1997 (pursuant to Ordinance 97-440). The church has since been constructed and is currently operating on the subject property. The request is to add a second building comprising 4,400 square feet, additional parking area and a driveway connection, revise the water management area and add pedestrian connections throughout the project. Within the GGAMP, Objective 1.1 and Policies 1.1.4, 1.1.5 and 1.1.6 govern new Conditional Uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.1.4 requires eU-2004-AR-13384 cepe MTG. Page 3 of B AERIAL MAP Agenda Item No. 7A June 26, 2007 Page 8 of 76 Conditional Use requests to be consistent with the guidelines outlined in the Conditional Use description section of the plan. Policy 1.1.5 requires all Conditional Use requests to be approved by the Board of Zoning Appeals (BZA) by a Super Majority (4/5) Vote. Policy 1.1.6 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. The subject property is within the Estates Designation, Estates-Mixed Use District, and Conditional Uses Subdistrict. The subdistrict contains stringent limitations upon the location of Conditional Uses within the Estates Designation. The subject property meets the requirements for "Transitional Conditional Use" as determined by the Board of County Commissioners in approving the existing Conditional Use in 1997. The review criteria have not changed since that time. This petition is seeking to expand the church-related conditional uses on the same property (no change in legal description). CONCLUSION: Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Golden Gate Area Master Plan. eU-2004-AR-1;384 Pege 4 of B cepe MTG. Agenda Item NO.7 A June 26, 2007 Page 9 of 76 o::...!....,-'.......~~~"'1' CU", !euz_e.r.t l .. .. II .. .. .. W1 ". 113 ,.. 1ST AVENUE SW bf 1 1/ I I SUBJECT PROPERTY J p'O .. .. .. 71 .. .. .. ", ,.. 127 .. .. ~ 'II U 1+ .. no ", ,.. ;w) A\IENJE 5W U4 .. .. ., .. " .. ... "'" 101 no '20 ~ ~ .. .. 1t .. .. ... '1M m t24 E , .. ZONING MAP ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: I) approval of the Conditional Use will not adversely affect the public interest; 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. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic now and control, and access in case of fire or catastrophe. Adequate ingress and egress to and from the site will continue to be provided from the entrance drive to Max Hasse County Park. A secondary access point is proposed from I Sl eU.2004.AR-6384 cepe MTG. Pege 5 of 8 . I Sl Avenue S.W., and a six-foot wide sidewalk exists along the Golden Gate 8otlt~r1UWi>. 7A Max Hasse County Park Drive frontage for this property. Interconnection side~~?~~ proposed from both the Max Hasse County Park Drive and 1" Avenue S.W. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effeets. The site is currently partially wooded, and the proposed church addition proposes to maintain twenty percent of the property with native vegetation. A 15-foot "Type 'B' buffer will be provided along the adjoining Estates zoned property. A IO-foot "Type 'D' Buffer" will be provided along the 1st Avenue S.W. and Golden Gate Boulevard right-of-way. This vegetation will provide a buffer between other uses and will reduce any glare, or noise that would be produced from the church activities. A distance of approximately 135 feet separates the proposed church from the adjoining property to the west. A distance of approximately 180 will separate the proposed church from the existing single-family residence to the west. The church will be located approximately 198 feet from the south property line, and the existing church is approximately 147 feet from the north property line. Only one residential use will adjoin the subject property to the west. The other three sides will be either roadway right-of-way or County park property. 4. Compatibility with adjacent properties and other property in the district. The proposed use is compatible with the surrounding neighborhood, with the adjoining County Park to the east and Big Cypress Elementary School approximately 850 feet further to the east. The subject property is well buffered since approximately 20 percent of the property will be retained with native vegetation, and additional vegetative buffering will be provided. Traffic to the churches will be minimal; and was projected not to coincide with the adjoining peak traffic patterns. The majority of traffic generated by the use will occur before and after worship services. There are five congregations that worship at this subject property. Each congregation has a membership of approximate 110 individuals. Each congregation has a separate worship service. The services are on Saturday evening (6-8 P.M.), and Sunday (9-11 A.M., 12-2 P.M., 3-5 P.M., and 6-8 P.M.). Each congregation has a weekday service from 7-9 P.M. Noise impacts will not be significant. Activities at the subject property are generally concentrated inside the church building facilities. NEIGHBORHOOD INFORMATION MEETING: Michael J. DeRuntz, Principle Planner, with the Department of Zoning and Land Development Review, Community Development and Environmental Services Division for Collier County opened the Neighborhood Information Meeting at 6:00 PM. Those in attendance were asked to sign the "Sign-in Sheet." There were 33 persons in attendance. Mr. DeRuntz stated that the Golden Gate Congregation of Jehovah's Witnesses, at 3480 Golden Gate Boulevard West has eU-2004-AR-6384 cepe MTG. Page 6 of 8 Agenda Item No. 7A June 26, 2007 submitted a request for a Conditional Use to construct an additional 4,400 square fodi'ml-dlf'f 76 building at their present location. The procedure for the reviewing and processing of their request was explained, as was the purpose and procedures for this Neighborhood Information Meeting. Mr. DeRuntz introduced Mr. Mike Landy, engineer and agent for the applicant to describe the Conditional Use request. Mr. Landy presented a site development plan which illustrated the location of the proposed new additional church building, additional parking area, preserve area, and entrance on to I st Avenue Southwest. The property will meet and exceed the county's preserve requirements. The preserve area will serve as buffer and water management area as well. Mr. Lionel Pereira, minister for the church, stated that the new church facility is needed to meet the demands of the congregation, and will reduce the number of evenings that the services are provided presently. Mr. Theodore E. Nowak, resident at 3541 1st Avenue SW, stated that he was concerned about the proximity of the parking area to the residential area on 1st Avenue SW, and the proposed entrance on to I st A venue SW. He recommended that the entrance be eliminated or shifted as far as possible to the east. He also suggested that the parking area as well be shifted to the east and away from the residential area. Mr. Landy stated that adjusting the plan and eliminating some of the excess parking spaces could accomplish those recommendations. Mr. Jedd Raimer, resident at 3521 1st Avenue SW, stated that he lives next door to this property, and the proposed addition would be impacting him the most. He stated that he and his family are disturbed in the evening when the car alarms are engaged by the congregation after evening services. He stated that he did not want to see this expansion occur next to residential property. A suggestion was made to build a berm along the adjoining residential property where the new development was being proposed, and if the plan reflected the revisions that were discussed earlier, there should be ample room to accommodate a three-foot berm with vegetation that would help mitigate sight and sound problems. It was mentioned that the building would be constructed similarly to the eXlstmg church building, and would be made of block and stucco. Lighting will be provided and will meet the Collier County's standards for screening. There being no further comments, the meeting was adjoined at 6:30 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2004-AR-6384 to the Board of Zoning Appeals, subject to the following conditions: I. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application and shall eU-2004-AR-6384 cepe MTG. Page 7 of 8 r Agenda Item No. 7 A June 26, 2007 comply with all applicable County ordinances in effect at the time of submittal, 'i;i8fu~fu~ 76 Division 10.02.03, Site Development Review and Approval of the Collier County Land Development Code (Ordinance 2004-41). 2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 3. The conditional use approval to allow a church building is limited to the site plan identified as "Golden Gate Boulevard House of Worship" prepared by Landy Engineering, stamped "Received 4/14/05". 4. A six-foot-wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, d.uJ"c S, ZONING MANAGER ~ AND LAND DEVELOPMFNf PJilr- . 5 o~ CTOR D T D LAND DEVELOPMENT REVIEW Co lier County Planning Commission: tl~.P~AN (Yl Mk: -P, ~'Av - V 1"-. Staff report for the July 7, 2004 Collier County Planning Commission Meeting Tentatively scheduled for the July 26, 2004 Board of County Commissioners Meeting ?/7/0-S- DATE Attachments: A. B. C. Findings of Fact Conditional Use Master Plan Conditions of Approval eU-2004-AR-6384 cepe MTG. Page B of B . . ." '1 RESOLUTION 97-~ RELATING TO PETITION NO. CU-96-12E FOR EXTENSION OF CONDITIONAL USE 'OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA , WHEREAS, the Legislature of the State of Florid~.in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the pow~r' to establish, coordinate and enforce zoning and such business regulations as are necessary for' the protection of the public: and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending t~e time period of Conditional Uses; and WHEREAS, on October 22, 1996, the Board of Zoning Appeals enacted Resolution No. 96-488, att~ched,hereto and incorporated herein; which granted a conditional use pursuant to Ordinance No. 91-102, for a house of worship, on the below described property; and WHEREAS, Subsect!on 2.7.4.5 of the Land Development Code provides that the Board oJ Zoning Appea~s may extend the one (1) year time period for a ,conditional use which has not been comme~ced;' NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals 'of Collie~ County, Florida that: The written request of Don.Apperson, for the first of three (3) permitted one ~l) year extensions, in interest of the following described property: North 650 feet of Tract 81, Golden Gate Estates Unit 4, as recorded in Pla.:t. Book 4, Pages 79-80, of the Public Records of Collier County, Florida.' is hereby approved 'pursuant to sub~ect~on 2.7.4.5 of the Land , Dev~.lopment Code' (Ordinance .No. 91-102), and,the expiration date for i'. . Resolution No"; 96-48a~ attache9 hereto and incorporated herein as " Exhibit:- "An, -a'nd all conditions applicable the):'et.o, is hereby extended for on,e addi tio~~l year until November 1,8, 1~98. Agenda Item No. 7A June 26, 2007 Page 13 of 76 '. .,' ."'t-.. . , I i !. EXHIBI'l! 2 r BE IT FURTHER RESOLVED that this Resolution be recorded in the Agenda Item No. 7A June 26, 2007 Page 14 of 76 extension is granted. minutes of this Board and in the records of the Petition' for which the This Resolution adopted Done this /'^tI. f/CO-96.126 after motion, second and majority vote. day of ^ ~~JJ..V>.-- ,1997. BOARD OF ZONING APPEALS COLLIER COUNTY, BY: Legal Sufficiency: , , I - -~. ... RESOLUTION 96-~8 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A HOUSE OF WORSHIP CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3,3 OF .THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature ot the State ot Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has oonferred on Collier'county the power to establish, coordinate and enforce zoninq and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and p~ovi,ded" and has' considered the advisability of Conditional Use "I" of Section 2.2.:3.3 in an "Ell Estates zone for a house of worship on the property hereinafter described, and has found as a matter of fact (Exhibit IIA") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County ~lanning commission; and WHEREAS, ali interested parties have been given opportunity to be heard by this Board in a pUblic meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: .-~- ", ' ._, ..".'" -1- ..' F' ""0' r Agenda Item NO.7 A June 26, 2007 Page 15 of 76 .' Agenda Item No. 7 A June 26, 2007 Page 16 of 76' The.petition filed by Don Apperson wit~ respect to the property hereinafter described as: North 650 feet of Tract 81, Golden Gate Estates Unit 4, as recorded in Plat Book 4, Pagos 79-80/ of the Public Records of Collier county, Florida be and. the saine. is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a house of worship in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: The Planning & Technical Services Manager may approve minor chan~es in the location,- siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan sUbmitted as part of this application, 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, inoluding Division 3.3/ site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. Pursuant to Section 2.2.25.8.1 of the Land Development. Code, if, during the course of site clearing, excavation or other construction activity an historic or" archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcemen~Department contacted. a. " o. An exotic vegetation removal, monitoring, and maintenance. (exotic-free) plan for the site, shall submitted to Current planning Environmental Review for review and approval prior.to ~inal site plan/ construction approval. . . '. 'be Staff '-':' ,'."', :J.!('.':u Arterial level street lighting shall be installed project entrance at the time of issuance o~ the certificate of occupancy. e. Access to the site is shown by wa~ of Golden Gate Boulevard. .. Access may be constral.ned as follows.: . d. at the 1.) Under the two lane condition for Golden Gate Bo~levard, the site may enjoy full access in concert with the installation of both eastbound and westbound turn lanes. Under the four-lane or six-lane condition for Golden Gate Boulevard, the site may be constrained to a right-in/right-out only. Nothing in any approval shall vest any right of median opening in this site. i. It may be to. the advantage of .thechur",h if access "ari,::it;::. ,'be secured by way of the park entrance road. '. since the., ,.:., . peak use of the church_may no.t..~oincide.,w.~th p~~..~e:a~:..~4;~~'."1,...,,~.:;.; the ,park, this 'option xnay be "viable.~>~~",.;.W,~i;&":',~.:.;..~'1#;,iftt~>>~?~,~:~,'~,-:.:.~~:.;;~:.. '.' " _2_;:~:;~!;;.s::-:::;,-.":.~::~t::~:~;:::,',, ,_.... . . . . iL) . '. . ..~..."i ~,,':::"h';~ w~,'If.".:t.;","""'l."..":~,~",,,.....:-.,,,~yt$'~.~~:,.,..~, ;'> .., .~",-::-,:, ">".,:.:.1<;:..:; ~,.,~~,t,.~;~;....,.,... " . Agenda Item No. 7A June 26. 2007 Page 17 of 76 g. The County may fequire additional'25 feet of right-of-way to four-lane Golden Gate Boulevard. This donation shall be accomplished when requested by the County. Any future right-of-way donation may be . eligible for road impact fee credits coneietent with tho requirements set forth in Ordnance 92-22, as amended, The existing sidewalk should ba raplaced in kind as a oonsequence ot any construction on the site. h. 1. Evidence of a positive drainage outfall shall be provided during the Site Development Plan approval process. The driveway location shall be consistent with the Collier County Access Management POlicy, Resolution 92-422, j, k, The Petitioner shall provide an additional 20 foot buffer with the required Type "0" buffer along Golden Gate Boulevard at the time ot site Development Plan Approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Conq'"....nt-~n.... offered the foregoing .. .... . ,;;.1 :~tJ '(.'~ i Resolution.andmoyed for its adoption, . seconded by Commissioner Mr:l"" l(; p. and upon r()ll call; the vote was: " .: .........,','..;., ""',.V' ;-~. .~ ..c. . "',,'" "=!:'it~~",,'-''''''\I-"!''~:' :~''''''~~'\''''''':''_' ~_, ,," ~'.~'....:. . AYES: Cbmmissioner Constantinei 6ommissioner MacrKie~ commissioner Norris NAYS: Commissioner Mat:.thew9 ~;.: ...~ .' Commissioner Hancock~ . _. ,~:'.. '.~.'r . ABSENT ANDNOT.V~TING: .~ ABSTENTION: . , ....,. ., Done this 22nd day of 'Octobet' , 1996. : ," BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~~~ BY: . - C. NORRIS. CHAIRMAN .! . . ::., "~~' I',; ;"'; ,';., "I..~ . ..' .' S. ./. ",. AT.~i~~.::':'" :'~"'!>.~~'.,'>-;~ .; I:?~~t,;HT E.' BROCK;'. E;LF;RK :,;I:/:/ .' ':.~}'.C-- ., ~vii1'~~: J~~ Fq~ AND "'.SUFF'tCIEl:!<lY: ~ "'.'~r,"~~~'~>.i!'~:: ,':.... ~...b;hrr~.l.(l<d. ..... . MARJ IE' M.'sTUDENT.;' "', . . ';. /!:' . .,...... "".' ASSISTANTCouilTY'ATTORNEY "'ZZ-:~~:;';;;';i~...;.,..,..".:::~,, -. CU- 9.6.~~~,~~~~~:~.IfEI~"i:i:L::;;[t~~1~~l2~:.~'.,'i:L~~~~.;t,~:,.,,~;: .~.,;.~;' ~)" ; .~.:~ .. . "';:., ':,,,:'~,:,-';:~'~"'T~'.~,:~:.-:'i.~:: . ~J- " ~'"(,;:',"'",:,,,,-.l:.~.- ':1:..':';~,;~~.;;':"'!i\'::_;"''''"'' .{;:";.' C .,.: ":, '~.l'r.\:~>~' '_'~;,'f~~,.~J.:;"j";':';'" .~ _.;;.:;.;;.,....,l'.~.,,:~:: ,~...-"";;.,1:,1j.W~_~.<!i~".i:M..;...-'; ....~;,::,;~~;~,~::,.,:;'~:;...- ,'.~:;~~....,~.- .u4~.~ r ",', ~ . Agendi;lltemNo.7A June 26, 2007 P~ge 18 of 76 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION . FOR A CONDITIONAL USE PETITION FOR CU-96-J.2 , The following facts are found: J.. section 2.2.3.3.J. of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. consistency with the Land Development Code and Growth ManagementPla~ . . Yes -L No ,--- B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of . fire or catastrophe: .....--..,,'c.O<' ..,.,., ..... . ,.. Agequate ingr~ egress Yes No C. Affects neighboring properties in relation to noise,~are, economic or odor effects: ~No affect or Affect mitigated by .' Affect "cannot. be ~~tigated . . , . . ....:..j,~':;-S.::.. ,", ;.,.. . : D. Compatibility with adjacent properties and other. property in the district: Compatible use within~strict Yes IL., NO Based on the above findings, this condi~al use should, with stipulations, (copy attachedx:lsho~l ~) be . recommended for approval . tf .. . . DATE: )0 13 If I. CHAIRMAN: ~~I }f-/~ I J' / FINDING OF FACT CHAIRMAN/17621 EXHIBIT "A" .,.: . .';. ".-.,,' ",.t-,>, . ,;'.~ -~.-'-. '. ' ..," .-?~:_-: - '.. <(1--'" ,....0"'" :0.... ON 0 20m i=N~ 03a><D ~C:g> m"o.. '0"'" c '" 0'> <( ~,;. ';":,,',.-i::~i;.::.'. '.,:i.J';", ~ r- ~ <t ~ ,;- . .\~, ~-: i"'o.!r-~.' <> J ~:?r~'- '.>:~,,-i'?::'~;;;~ u ~:~I2~-~ei~~J~!~ "i~~i;~.i'~:~f~;?:~i Q ". ..,....t'I>' ":!.'.'- '" '" ~ '" > . < ". ""...::. , .,,,~' ".~ . :... ------.-- . ... .~.. . '.--.. " ..- I OO'~ ROADWAY<EA<jEtJENT , '..' ....,.., '350J 5', .,. -~ "-,'.' " . ,,'.,. . A# rom Ln."" ..... ~ '" ......,. '";-. ~ '-. . _. ,.... ,,' ---- -- ),:~~'~#:;.!"'f~N,~~l,~'~;;,;J '.l, ~fl'M...'\'Ilt.,;..;. I I ,- .'" 1',- 'u i~ I~ " , 'i*,~.,.",;$'li.Il", m'~',,,,,, .... ~ . '1:4' , ! .. , ! t-i' ~ ~ u " , , .... '= .2 ;::!. ~ >- -.. . ~~ " z '" .,8:r "', - "-I 'oj W' >- .... ~. ~ , "',....;,,t.:,. ~ ~ 'c' ~ "'.,~ ~",.-. :.y~;. .. ~'V ..,.;'........: ...~.~;, "'::;>"1;,-!.'~,: ;.,,~..~ .: ..,...-~.". i'. ;~......;"~"w,,,,. "T~".",;,"';' .'ito"*1ili<"',,,,~, 'W>\"""",;,"'~'" ".,: '1' ;:r"-,; " ~ ;.'~:'r..!;,. '.".',.-. :...:....:;..~ ,- :~J;,f:2(:;~.~i:Tc~:S;IT::~'~.~:; . ..' ..f;_~4~~,:(~.h..~,,~1;."'~. :!fI~..~::" '. ;"" .....y.:, S%.~~~~~;l;'~~\'(;:;f'; '{;j_:f;:~'~ ::~'kf'~::;'-~';?~~, ~t:':.j~,::'t ': .~...; ,:..~ >..;::- ~~ "!;I 2;. ~ ,:'~" ;c t; i:2 I- ..'-" . . . ..---~....~. .'~."--~.;:~.:"- ~ . . . ." .:,..--~_.:....: ,- - ,-, ';".' ':'-'.: ..' I I , i I~ l~ , jb ,<0 >....,. , . I I' ~ :, ~^ ",,: . ,,~ . ~,- 'liW;,:o. " '{-.Z i ~.~ -5 0 ^'~ .-; .- --.) .. c.c .< -:> '" .' ,{:' ".I~: '.-" , :3 '\--.~ ,l".:~ .. .-- ..;~ ......:-- -.'-.. . . . . . -. <::> ......... <::> z , -< -.J , 0- I- :z: ~ 0- 0 -.J (J ill :>. ill <:::J Cl W tn l- t (7j UJ . --1 <l: u U" ILl .~ :~ U'\ 5! l:!:! <0 -< I- . m ~ d ~ 8 ...., I- 3 co l- <..l <: c:: l- LL -< ::r: ::E: C C (:: :z "" if LL I- -< I- UJ UJ o t.n <0 :r: 1-. ~ Z <:: , , ',', , ", ,~~ ',", ~ ',\ \ ,~ \\ .. III '\ \~ d " " I 1 "! I" \ \ : ~!l1 bhl' : i 1'1 ill ~ II I. I 'L H ~I\ ;! H' I', ~ \ i I II I (J, \\ :: iwl 11'111-.:11\1 II . '" co . II" &,I",n \ \ \ I i "I II I \1 Ii" I ,: ~~~,,,. =- ---"---.......~~,, _ _ J&', I I il I ~ _______=~~~B~E~W___L _______ >r~~~~ ~~~~~-----------~------ ------- If t< t L. ....1'. c "" - ~~ JUl I 2 2005 ; ~.. ,... 111'1': J Ie II !If-lil ~.I~ . 1I1~ II ',tll!~li' -; i' ~lIli !I _1"11111 ~ :' II , ~"i D II I C II I I mil -- ~ .... "..,. - ~ to .. .. .. -~ I~ 91 !:II ;~ I~ ~! !elrJ "I' II' I !i: II g.. II III ~51~; I 'II~:! II i. Illll ~ ~ l:!Ii .. -- - ~ ~ - -- MIllI.Il'\'L_ _ - .....,--- II I 31111n II 1 m II" ~~ I' . 1111 1111 ii II ~~~.~.. J ..... Agenda Item No.7 A -------------IU------------------- __June 26, 2007 ________~--------- --P...aO,,?n nf 76- =========-~w~n~~~ --==== ..t- -.-. Ie m~ 'r I II I III , 1 ~I ( I I I I I I I I I I I I \ \ \ \ \ \ \ \ , II 'I I ,-L-T--- "I I 11 \ , L_..J I ~ ~ ,,~ \.~ =:l ------- ------- EXHIBIT - 3 S \3*^ N - - 1l.8..II!IDY IEOOQlllI!I1D!lilUOOe ~.J.~~_ mo...=:. _~"'i.I'..;":'IIr,..=-,.,-. .....-- --- - an REVIB ONS n Agenda Item No. 7A June 26, 200~.. CU_2004-AR-6384' --Page-2f-of 76 Project # 19993460 Date: 8/1112004 Mike DeRuntz Companion to SDPA-AR-5208 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Golden Gate Conl!rel!ation of Jehovah's Witnesses, Inc. Applicant's Mailing Address 2512 44th Street S.W. City Naples State Florida Zip 34116 Applicant's Telephone # (239) 455-2918 Fax # (239) 455-7649 Applicant's E-Mail Address:mlandvenl!lalaol.com Name of Agent Mike Landv Firm Landv Enl!ineerinl!, Inc. Agent's Mailing Address mlandvenl!lalaol.com City Naples State Florida Zip 34104 Agent's Telephone # (239) 261-6999 Fax # (239) 430-1664 Agent's E-Mail Address:mlandvenl!lalaol.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE -4/14/03 I Agenda Item No.7 A June 26, 2007 Page 22 of 76 COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosnre of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 7A June 26, 2007 Page 23 of 76 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office William P. 12nace. President William I2nace, Jr.. Vice President Mark A. Handschmarn, Secretary Percentage of Stock 34% 33% 33% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name ofthe general and/or limited partners. Name and Address P~centageofOwne~wp 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 Date of Contract: APPLICATION FOR PUBLIC REARING FOR CONDmONAL USE _ 4/14/03 r P~centage of Owne~wp Agenda Item No. 7A June 26, 2007 Page 24 of 76 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 (x ) leased ( ): Term oflease yr.lmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase 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. 3. Detailed lel!al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 11 Township: 49 S Range: 26 E Tract: 81 Block: N/A Subdivision: Golden Gate Estates Unit No.4 Plat Book ~ Page #: 79-80 Property LD.#: 36764680002 Metes & Bounds Description: Tract 81. Golden Gate Estates Unit No.4 as Recorded in Plat Book 4. Pal!es 79-80 Unc1usive) of the Public Records of Collier County. Florida 4 . Size of property: 680 ft. x 330 ft. = Total Sq. Ft. 224.490 Acres 5.15 5. Address/l!enerallocation of subiect property: 3480 Golden Gate Boulevard S.W. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAl, lJSE-4/14/03 Agenda Item No. 7A June 26, 2007 Page 25 of 76 6 . Adiacent zoninl! and land use: Zoning Ro.w/ed Land use S "E" (Estates) nb.~~ "" ati'i'} Goldeu Gate Boulevard / &&E t}I, if- ..3 1st Avenue Southwest N E Max Hasse Communitv Park W "E" (Estates) Existinl! Sinl!le Familv Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. Tvpe of Conditional Use: This application is requesting conditional use # the Estates zoninl! district for (TYPE OF USE) Church ::L of Present Use of the Property: Existinl! House of Worship (CU-96-12(E) Ordinance #97- 440 8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 . Agenda Item NO.7 A June 26, 2007 Page 26 of 76 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): Division 2.2.3.3 of Collier County's Land DeveloDment Code (LDa lists houses of worship as a conditional use within Estates zoned DroDerty. The existing church use as well as the expansion are consistent with the Growth Management Plan. 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 site is serviced bv a private access drive which connects to the County owned roadwav servicing Max Hasse Community Park. This drivewav connection was approved as part of the Site Development Plan #97-118 and is located on the east side of the Dark entrance. approximatelv 180 feet south of Golden Gate Boulevard. The proDosed church expansion calls for continued use of this accesswav. along with the construction of a second means of ingress/egress from l't Avenue Southwest. This second access road will improve traffic flow within the limits of the church owned property and also provide improved access for emer!!encv vehicles (e.!!. fire trucks) c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The house of worship is a very low intensity development and should have little or no imDact on neighboring DroDerties with resDect to noise. glare. economic imDact or odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The existing church facility has proven to be exceDtionallv compatible with the adiacent proDerties. There should be no reason whv the expanded facility should continue to eXDerience this same sense e. Please provide any additional information which you may feel is relevant to this request. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 7A June 26, 2007 Page 27 of 76 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b . Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8 y," x II" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure( s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL lISE _ 4/14/03 Agenda Item No. 7A June 26, 2007 d. Whether or not an EIS is required, two copies of a recent aerial photograpl1;'~of 76 within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARJNG FOR CONDITIONAL USE-4/14/03 Agenda Item No. 7A June 26, 2007 Page 29 of 76 AFFIDA VIT WIllIam P Ignace, PresIdent, Golden Gate WelL CongregatIon of Jehovah's Witnesses Inc. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all required information has been submitted. As property owner WellfUrther authorize M \ ~ WPI-] as our/my representative in any matters regarding this Petition. to act t.J~Y-l Signature of Proper;; Owner Signature of Property Owner WIlliam P lonace Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this e..\ ..'( day of ~'l..l <... 2004.. by VllLUAt4. f' -:S:~(GWho is personally known to me or has produced as identification. ' State of Florida County of Collier o~rrY 'J)~ a re of Notary Public - State of Florida) 1tIC11AR00Ull , NOI'ARY PUllUC Sf ATE a: COMMlS5ION NO.~ ~j~.MIG.l.2<.. - .. R.l~ O<..c~ int, Type, or Stamp Commissioned me of Notary Public) CU-2004-AR-6384 Project # 19993460 Date: 8/1112004 Mike DeRuolz Companion to SDPA-AR-5208 APPLICATION FOR PUBLIC HEARING FOR CONDmONAI, USE - 4/14103 r I Agenda Item No. 7 A June 26, 2007 CU-2004-AR-6384 Page 32 of 76 Project # 19993460 Date: 8/1112004 Mike DeRuntz Companion to SDPA-AR-5208 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Golden Gate Coneree:ation of Jehiovah's Witnesses. Inc. 2. MAILING ADDRESS: 2512 44tb Street S.W. CITY Nanles, FL ZIP 34117 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 3480 Golden Gate Boulevard S.W. 4. LEGAL DESCRIPTION: Section: !l. Township: 49 S Range: 26 E Lot: N/A (Tract 81) Block: N/A Subdivision: Golden Gate Estates Unit 4 Plat Book ~ Page #: 79 & 80 Property I.D.#: 34764680002 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM D b. CITY UTILITY SYSTEM D c. FRANCmSED UTILITY SYSTEM D PROVIDE NAME d. PACKAGETREATMENTPLANT D (GPD capacity) ~ e. SEPTIC SYSTEM ~ ~ D D TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 6. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/t4103 ~JA Agenda Item No. 7A June 26, 2007 Page 33 of 76 ., 7. TOTAL POPULATION TO BE SERVED: B. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 2.136l.!.D.d. AVERAGEDAILY 534l.!.D.d. B. SEWER-PEAK 2,136 l.!.D.d. AVERAGE DAILY 534 l.!.D.d. 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Julv, 2005. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17197 1_- APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE 4/14103 r <(r--'" """or-- 0_ ,"0 0"" ENC'? ""," ==c~ l1l"o.. ","'" C <D 0'> <( ~ - ~ . " ~ - - Z ~ , , wQ ~ . !::t( - , .,0 9 ! ! , \' . . I ! . \ . , . . . . . . . i\. . . . ~ ~ .. ~ i ~ i . .. i " , . . I , , . Ii " ~ Ii , . . ~ . I . . . " . ~ . . . . . , , . . . . , . ! , . . , . . . a. ~ ~ W I- CI) ... "' '" '" , a: < , ... " " '" 31QSO.L.1ON / ____ - -..- , ::> " .. z o .... .... W 0. ! ! e I i, !. h h . " -II t-il :!!~; !! =i . ! I I I I ~ bZ ~ wQ I. ! ,~ ! i i. 00 8- . ~ i! - :::9 , il :1=; , . 1 1 1 ! I I t e !. i. i. ...~~ ' Ii ;;~ . Ii . 1 1 ~ 1 .8 1 """""''''"'''' "'= II i Ii ! ! I. ! t ! . ~ . ~ . "'~i !:! ~... ~ i; ~ . -- I I; 1 i~ I . Ii ~ I ~ i !i" ~ i~1 ~l\!R . I < Iii . Igl a ~ ; ~ . """""'- a. <( :2: z o I- <( () o -1 Agenda Item No. 7 A June 26, 2007 Page 35 of 76 I Agenda Item No. 7A June 26, 2007 Page 36 of 76 Agenda Item No. 7 A June 26, 2007 Page 37 of 76 'f, [2 aJ"" !:II'."'" .. .. " 00 ., 'B " ,,, '" '" Jf 1ST AVENUE '5W ,. " 1 - I / I I SUIUECT PROPERTY I p'" " - 50 " .. 1'8 " 15 " 111 11. m " ~ OJ " 07 " " .. " 110 115 ", " ~ 3RD A VENUE oW 11 - U4 " .. - ... '" " " " 77 .. ., "Xl 11. ", I:J 100 . ~ . r,; " ... - i.t:~~. .. " " " .. 1tl1 lDB 117 '" i!l . " < E - :to.. ZONING MAP I TRAFFIC GENERATION CALCULATIONS For GOLDEN GATE ESTATES HOUSE OF WORSIDP Agenda Item No. 7 A June 26, 2007 Page 38 of 76 December 16, 2003 GIVEN: The subj ect property is located on the south side of Golden Gate Boulevard approximately three quarters of a mile east of Collier Boulevard. The proposed improvements will consist of a 4,400 s.f. Church Building on 5.1t acres. TRIP GENERATION: The ITE's 7th Edition Trip Generation was used to estimate the number of trips generated by the proposed rezoning. Church (Land Use 560) was used to estimate the number of trips that would be generated by the proposed building addition. In the formulas indicated below "T" indicates number of trips and "X" indicates the building square footage divided by 1,000. . Average Trips per Day --- No Curve Data given Interpolating from graph, Average Trips per Day = T = 40 trips (Refer to page 1003 of ITE's 7th Edition Trip Generation) . Weekday A.M. Peak Hour Trips No Curve Equation Given A.M. Peak Hour Trips = T = 4 trips (interpolating from graph) (2 entering-50%; 2 exiting-50%) Refer to page 1006 of ITE's 7th Edition Trip Generation) . Weekday P.M. Peak Hour Trips --- Ln(T) = 0.49(X) + 1.85 P.M. Peak Hour Trips = T = 12 trips (1 entering-59%; 1 exiting-41%) Refer to page 1007 of ITE's 7th Edition Trip Generation) As this use is a house of worship, SUNDAY calculations are given: . Sunday Average Trips per Day --- Ln(T) = 0.59*Ln(X) + 4.77 Average Trips per Day = T = 283 trips (per calculation) (50% entering, 50% exiting) Refer to page 1010 of ITE's 7th Edition Trip Generation) . Sunday Peak Hour Trips --- T = 9.59(X) + 73.65 P.M. Peak Hour Trips = T = 116 trips (58 entering-50%; 58 exiting-50%) Refer to page 1011 of ITE's 7th Edition Trip Generation) CONCLUSIONS 1. Peak hour trips for "Church" uses do not coincide with Peak A.M. and Peak P.M. traffic patterns for adjacent traffic. Typical analysis is not applicable. 2. Peak hour traffic occurs on Sunday when adjacent traffic is lower than peak season, peak hour analysis, which would typically be used. 3. Adj acent roadway (Golden Gate Boulevard) is operating at Level of Service \\A" PREPARED BY: LANDY ENGINEERING, INC. 2780 SOUTH HORSESHOE DRIVE. SUITE 6 NAPLES, FLORIDA 34104 (239) 261-6999 CU-2004-AR-6384 Project # 19993460 Dote: 8/11/2004 Mike DeRuntz Componion to SDPA-AR-5208 Church (560) Agenda Item No. 7 A June 26, 2007 Page 39 of 76 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 8 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 9.11 4.35 . 30.20 Standard Deviation 7.20 Data Plot and Equation Ul '0 C UJ 0. ." I- " '0 :E " > " ~ " ~ " I- 500 400 ............ .X 300 x .., 200 . __'___.... ..... ...~,;"...-t'. X , , . 100 x ......,.- x , /",// . x >!: i o o 10 20 30 40 50 x = 1000 Sq. Feet Gross Floor Area X ActuaJ OatIl Points u____ A_R'" Filled Curve Equation: Not given R2 ::: .... Trip Generafion, 7th Edition 1003 Institute of Transportation Engineers . Church (560) Agenda Item No. 7A June 26, 2007 Page 40 of 76 Average Vehicle Trip Ends va: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 8 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 1.28 0.30 6.61 Standard Deviation 1.98 Data Plot and Equation 80 X 70 '. - . , 60 " .. , , .. , , , , (I) , , '0 , , c: , , w . , ,x, c. 50 .. '.' , -...'" 'C: , , I- , , Q) , , - (j - , E , , Q) 40 " " > , .' Q) x , , Cl , - I!! , , , Q) , , > 30 ... ' '. ", <( , " , , I- , " , , , , , 20 .. , " ..' , , , , , , , , .. ' .. 10 " .~ .' , .. , , , * x , , , , x .. 0 , 0 10 20 30 40 50 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------ Average Rata Fitted Curve Equation: Not given R2 = ~.. Trip Generation, 7th Edition 1006 Institute of Transportation Engineers Church (560) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 8 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 59% entering, 41 % exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Agenda Item No, 7A June 26. 2007 Page 41 of 76 1.41 4.04 Standard Deviation 1.46 0.78 Data Plot and Equation '" -c " W 0. ." f- CD '0 :2 g CD Cl '" c;; ~ " f- , ........ , " ,,/////" , "',>>>/' 70 60 50 .X 40 - - - . . . . - . 30 ~~~..,..., x 20 10 x . ;/,,/x'" >///< '" """ o o 10 20 30 X Actual Date PoInt. x = 1000 Sq. Feet Gross Floor Area FI_Cu"", - -- -- - Average R.... R2 = 0.58 Fitted Curve Equation: Ln(T) = 0.49 Ln{X) + 1.85 Trip Generation, 7th Edition 1007 Institute ot Transportation Engineers r x 40 50 Agenda Item No. 7 A June 26, 2007 Page 42 of 76 Church (560 ) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 7 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 36.63 19.15 - 113.38 29.13 Data Plot and Equation 1,800 1.700 1.600 1.500 1,400 1,300 '" 'tl 1,200 c: W c. 1,100 ~ Ql 1,000, c.; :c Ql 900 > Ql BOO ~ Ql 700 ~ " BOO I- 500 400 300 200 100 0 0 .x '.', :>/' , . . ; .~~~~/~: .. -. . . .. ....~.... ......... //.////......... .....//,/ /"':: ")7("" x /d '",,' '0/,"'- .. ..~. , ....~...J'_ _ _ . _ ,~/<;/~~ ' . .~,..-::...._.... d>! 10 20 30 40 50 x = 1000 Sq. Feet Gross Floor Area X Actual DIIta Polnta Fitted Curve -----. Average Rate Fltted.Curve Equation: Ln{1j = 0.59 Ln(X) + 4.n R2 = 0.51 Trip Generation, 7th Edttion 1010 Institute of TransportaUon Engineers I :, I' . ~. i~_ ,. rli: ~+ ~.:' ir,:'-" ~1 ~i, ~} ':::;:- iIii: ~. ~.' w i: iif" F ~ ;;.(- ;.i;:~ ;,~, I': ." i-:: , ~"".' r i i i ~. I~:..,-:". 'I;) , ;( I; It I~. 'i<':~ .' .( I;" ~ . ., , Church (560) Agenda Item No. 7 A June 26, 2007 Page 43 of 76 \ ~ \ I \ ! I: I' Ii II ,I :[ " Ii f Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday, Peak Hour of Generator Number of Studies: 14 Average 1000 Sq. Feet GFA: 34 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 11.76 5.17 - 51.27 Standard Deviation 8.31 Data Plot and Equation .. 't:l " l1J .9- t= " o :E " > " ~ " > <I: " I- 1,600 .x 1,500 1,400 , >>v; . ~><~: 1,300 1,200 , '/.. ,.-" ','00 1,000 " .-,-" . . .' . ~~...'.., ~ . . . . .' .,~ - '. . - x 900 600 < - - - . . . . . . . - . . :;,~,- -....... :..,'" ,,., .x.......' .'. - -. 700 .. .. .. . .. .. 600 500 . ..~ . )< 400 300 " . x X .-"r' -",' ...~... .,/'<}, ,,/ ...x. 200 100 o o 10 20 30 40 50 60 70 BO 90 100 110 120 130 x = 1000 Sq. Feet Gross Floor Area x Actu_1 Deta Points FItted Curve ------ Averagtl Rate Fitted Curve Equation: T = 9.59(X) + 73.65 R2 = D.71 Trip Generaffon, 7th Edition lD11 Institute of T ransportalion Engineers . Agenda Item No. 7A June 26, 2007 Page 44 of 76 -? 19911 2000 2001 ADT 2002 ADT 2003 ADT Cheng. 02- Sla. T" location ADT ADT 03 559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31) 24,780 27,112 30,590 31,084 30,183 -2.90% 55. Q DavIs Blvd (SR 84) west of Airport Rd (CR 31) 24,&48 28,532 33,665 33,104 32,686 .1.28% 601 Q Davis Blvd (SR 84) west of Collier Blvd (CR 951) 19,397 21,058 22,830 22.ne 22,920 0.86% 560 Q Davis Blvd (SR 84) west of Radio Rd (eR 856) 10,460 11,763 13,747 14,122 14,200 0;55% 53. Q Davis Blvd (SR 84) west of Santa Barbllra Blvd 24,340 27,321 31,917 31,000 30,789 ..a.68% 63. A Desoto Blvd north of Golden Gate Blvd (CR 676) 7.. 929 ... 1,180 1,365 1&.68% 639 A Desoto Blvd south of Golden Gate Blvd (CR 876) ... 927 1,654 1,139 1,522 33.63% 704 5 Elkcam Circle east of Bald Eagle Dr (eR 953) 8,944 8,173 8,188 8,375 7,758 .7.39% 705 5 Elkcam Circle west of Bald Eagle Dr(CR 953) 5,394 3,701 4,632 4,313 4.... 0.77% 636 5 Everglades Blvd north of Golden Gate Blvd (CR 676) 2,731 3,166 3,576 4,448 5,817 30.79% 635 5 Everglades Blvd north of all Well Rd (CR 858) 1,771 1,882 2,585 3,105 3,974 27.9901. 637 5 Everglades Blvd south of Golden Gate Blvd (CR 876) 3,077 3,242 3,649 4,294 4,946 15.1B% 549 Q First St south (CR 846) south of MaIn St (SR 29) 12,239 11,687 11,943 12,855 12,945 0,70% 531 Q Golden Gate Blvd (CR 876) east of ColUer Blvd (CR 951) 15,163 17,054 20,156 20,307 25,368 24.92% 652 Q Golden Gate Blvd (CR 876) east of Wilson Blvd 12,110 11,067 12,175 12,474 16,801 26.67% 653 A Golden Gate Blvd (CR 876) west of 13 St NW DISC. DISC. DISC DISC DISC 678 Q Golden Gate Blvd (CR 876) west of Wilson Blvd 12,161 13,706 14,566 16,805 20,667 22.98% 50. Q Golden Gate Pkwy (CR 886) east of Airport Rd (CR 31) 26,417 28,022 30,027 30,335 28,817 4._ 691 Q Golden Gate Pkwy (CR 886) east of livingston Road (CR 881) 31,140 28,860 -7.32% 605 Q Golden Gate Pkwy (CR 886) east of Santa Barbara Blvd 28,120 26,988 29,870 30,785 31,042 0.83% 507 Q Golden Gate Pkwy (CR 8ee) west of Airport Rd (CR 31) 43,117 43,062 "15,172 44,288 44,592 0.69% 510 Q Golden Gate Pkwy (CR 886) west of Collier Blvd (CR 951) 16,396 16,851 18,3n 18,467 18,640 0.94"10 530 Q Golden Gate Pkwy (CR 886) west of Goodlette Rd (CR 851) 19,959 25,993 22,441 22,112 23,119 ".55% 509 Q Golden Gate Pkwy (CR 886) west of Santa Barbara Blvd 26,544 27,818 39,391 31,604 29,194 -7.62% 505 Q Goodlette Rd (CR 851) north of 22nd Ave north 32,218 33,444 36.724 35,368 33,083 -6.43% 595* Q Goodlette Rd (CR 851) north of Orange Blossom Dr 17,443 19,120 22,349 20,522 0 581* Q Goodlette Rd (eR 851) north of Pine Ridge Rd (CR 896) 18,7n 20,957 25,207 22,055 0 569 Q GoodJette Rd (CR 851) south of FIrst Ave south 19,215 2"1,800 28,989 27,776 28,824 3.77% 504 Q Goodlette Rd (CR 851) south of Golden Gate Pkwy (CR B86) 31,821 32,554 38,707 37,364 37,720 0,95% 594 Q Goodlette Rd (CR 851) south of Immokalee Rd (CR 646) 12.981 14,602 17,368 15,348 12,311 -19.79% 596* Q Goodlette Rd (CR 851) south of Orange Blossom Dr 18,170 20,533 2"1,426 20,193 0 506 Q Goodlette Rd (CR 851) south of Pine Ridge Rd (CR 896) 29,444 31,874 35,93-4 33,746 31,.450 ..&.80% 642 Q Green Blvd east of Santa Barbara Blvd 8.717 10,546 12,153 13,100 13,862 5.81% 643 Q Green Blvd west of Collier Blvd (CR 951) 5,372 6,135 ..... 7,833 7,893 0.77% 5.3 A Gulfshore Dr south of Bayvlew Dr 5,995 5,172 6,&43 5,961 !,- -6.98% 714 5 Heathwood Dr north of San Marco Dr (CR 92) 6,065 6,920 7,190 8,344 6,818 -17.10% 715 5 Heathwaod Dr south of San Marco Dr(CR 92) 6.000 5,366 5.745 6,093 !,480 -10.40% 675 Q ImlT)okalee Rd (846) east of Wilson Blvd 1"I,sn 16.208 17,913 21,482 23,577 9,75% 625 Q lmmokalee Rd (CR 846) east of Goodlette Rd (CR 851) 34,024 34,271 37,278 38,702 40,690 4.88% 567 Q Immokalee Rd (CR 846) east of Airport Rd (CR 31) 33,523 28,939 30,591 39,031 44,916 15.08% 593 Q Immokalee Rd (CR 646) east af CoWer Blvd (CR 951) 17,411 18,361 19,799 22,136 24,231 9.45% 56. Q lmmokalee Rd (CR 648) east or 1-75 (SR 93) 24,797 28,242 33,077 34,565 38,579 11.61% 566 Q lmmokalee Rd (CR 846) east of US 41 (SR 45) (Tamiami Trail) 35,087 34,082 40,344 37,742 38,985 3.29% 620 Q Immokalee Rd (CR 846) north of Stockade Rod 8,288 7,870 8,529 8,848 8,685 -1.84% 586 A Immokalee Rd (CR 846) south or 011 Well Rd (CR 858) 10,146 11,994 12,504 1"1,950 16,537 10.61% 565 Q Immokalee Rd (CR 846) west of US 41 (CR 45) (Tamlaml Trail) 14,906 15,142 0 17,305 17,481 1.02% 656 Q Immokalee Rd (CR 846) west M Coltler Blvd (CR 951) 14,007 15,346 16,083 21.489 25,787 20.00% 672 Q Immokalee Road (846) 2 miles east of Everglades Blvd, 5,125 4,733 -7.66% 6.4 Q Immokalee Road (CR !W6 East) 3 mllftS east of 29 South New Counl2003 1,382 679'" Q lmmokalee Road (CR S46) west of 1-75 (SR 93) New Count 2003 39,715 674 Q Immokalee Road (CR 846) west of Wilson Blvd 16,524 16,702 17,900 20,460 21,380 4.500" 677 Q Immokalee Road Ea!>t of Everglades Blvd 5.068 5,224 2.71% 671 Q Immokalee Road sauth of Corkscrew Sanctuary Road 5,492 6,033 9.86% 631 Q ] & C Blvd we!>t of Airport Rd (CR 31) 11,122 12,033 12,157 12,040 11,948 ,,(),78% 614 A Jane's Scenic Dr west of SR 29 917 788 902 1,011 ... -1.29% 707 5 Kendall Dr west or Collier Blvd (SR9S1) 2,604 3,033 3,128 3,135 3,470 10.67% <(r--", r--Or-- .0_ ON 0 Zc6L() EN'" Q)Q)'" ~cg; m"o.. 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" .!i ;; . . > " , ~ l . I ~ ~ < . " .!i . i! . v i :iI , ., , ~ 1 ! , < * o ~ . ~ v ~ . , ~ .. ~ < . " .!i ~ . . v i " ~ I . j , ~ , < . o ~ < . v f " . E 9 -; . .! , o j l ! . o ~ . . v . f "I" ~ :! ~ . > . ~ , o i ! -g ;'fj ~ ~ . .. ~ ~ J: J! I: ~ ~ II ~ _ i ! i ! . . u ~ . . . ~ . :< , :iI . . i > " v ;; . , i o . ~ . ~ . ! ~ . . << . . . . ~ ~ 3 ! o , << , ~ ~ o , . v i > ~ 1i . .! , . . . ~ . , . i , < . J . 5 , 5 ~ ~I "11 ! it ;5 '-' -; . ! , . . o << v ~ , f ~ ~ ::1 :;; . .. !..".:~ri~~ : I, "J"" 1..1 " " ,.,' _1...... : Agenda Item No.7 A June 26, 2007 Page 47 of 76 WILLS AND TRV3TS PROBATE: AND TI'lIlST ADMINISTRATION REA\. ESTATl!: . TITLE: INSURAN'CE CIVIL LITICATfON DEBORAH A. STEW AH'I' cW,("''"''7 ",I' .J%,u 375 FIFTH AVtNUE SOUTH SUITE 100 TELE:F'HONC: (239) <::G2.7090 FAC5IMIU::: (238-) 262.4774 dslegal@earthlink.net NAPLES, FLORIDA 34102 April 25, 2007 Via Facsimile @ 643-6968 and U.S. Mail Michael J. DeRuntz, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Re: Petition CU-2004-AR-6384 Dear Mr. DeRuntz: Regarding our recent telephone conferences, please consider this a request for written confirmation that the above Petition is scheduled for hearing before the Board of County Commissioners on Tuesday, June 26, 2007. As you may recall, on July 7, 2005, the Collier County Planning Commission approved the Petition with stipulations. A revised Site Plan incorporating those changes required by the Planning Commission will be delivered as soon as possible. For your further information, subsequent to the Planning Meeting, the Petitioner and its representative, Michael Landy, P.E. met separately with Commissioners James Coletta, Ms. Donna Fiala, and Mr. Fred Coyle. It was suggested by Commissioner Coletta that representatives and/or the Board of the Go!den Gate Estate Civic Association, as well as local neighbors to the project, be contacted in an effort to allay any concerns, answer questions, and otherwise accommodate and overcome objections those groups may have with the project. Two separate neighborhood information meetings were conducted by the Petitioner in 2005 in order to present the required and additional voluntary changes to which Petitioner was amenable in an effort to address all concerns. The first meeting was conducted prior to the Planning Commission meeting, and the second one occurred shortly after the Planning Commission issued its approval. The Civic Association was invited, and a copy of the mailing list of 'the other neighbors to whom the invitation was mailed is enclosed regarding the second meeting. There was no response to that invitation, nor did anyone invited appear. RECEIVED MAY 0 1 2007 ZONING DEPARTMENT I Agenda Item No. 7A June 26, 2007 Page 48 of 76 Mr. Michael DeRuntz April 25, 2007 Page 2 The undersigned was contacted at about that time to assist Petitioner. The undersigned had one or more telephone conferences with Assistant County Attorney Jeff Klatzkow, and was directed to you. The undersigned has contacted various other planning and engineering professionals in the community regarding this project. No additional ideas nor revisions were suggested for the Site Plan. Petitioner's engineer, as well as the undersigned, placed many requests over a long period of time with the Golden Gate Civic Association for a meeting, In particular, tha undersigned had a telephont" eOnff:Henee with a Past President of the Association, and further attempts were made to communicate directly Witll the Board via their Website which provided an "e-mail link," to which there was no response. Petitioner and its representatives placed telephone calls, electronic mail communications, etc., as well as a letter by certified mail, all in an attempt to request a meeting with the Association Board. As a result, yesterday, Mr. Nance, President of the Association contacted us, and he has placed the matter on the Agenda for their monthly membership meeting scheduled for Wednesday, May 16, 2007, 7:00 p.m. The meeting will be held at Fire Station 71 Meeting Room, which he stated is located at Golden Gate Boulevard and 13th Street, S.W. near a branch of Collier County Library. We hope the above provides you with the appropriate information to confirm the placement of this matter before the Board of County Commissioners, but please feel free to contact us should you require any further information. Thank you for your cooperation, We look forward to hearing from you. Very truly yours, Deborah A. Stewart DAS/jmk Attachments cc: Golden Gate Congregation of Jehovah's Witnesses (letter only) Michael Landy, P.E. (letter only) via facsimile 430-1664 II Of Jehovah's Witnesses . Gete Blvd. 14117 Agenda Item No. 7A /lie ',""'1 QOYWOCZ FYI co<- I' --::.; T" r.--- /v-.:;, "u.;;) June 26, 2007 j S ~iJfJ'J 49 00~.A.:1 I'lj C " ev<' 0 ")') S f--I.... L _0 Vl1 1411 J S 1C>'1 .' f - "" .) - 0 .. Sharon Davis 3560 Golden Gate Blvd. W. Naples, FI 34120 Alicia Gascon 3511 Golden Gate Blvd. W. Naples, FI34120 Bruno Rocti 3475 Golden Gate Blvd. W. Naples, FI34120 Stephen Davis 3580 Golden Gate Blvd. W. Naples, FI34120 J Agenda Item No. 7A June 26, 2007 Page 50 of 76 II Of Jehovah's Witnesses 1 Gate Blvd, 34120 Neighbor 3320 Golden Gate Blvd. W. Naples, Fl34120 Zvi & Yael Warman 3560 1st. Ave. SW Naples, FI34117 Neighbor 3561 Golden Gale Blvd. W. Naples, FI34120 Manuel Ogaza 3899 1 sl. Ave. SW Naples, FI34117 01 Jehovah's Witnesses Gate Blvd. 4120 J (t-ff r~1 "{"'vi ':S Q J..e_ .35'll I~-j- /ke, S/AJ NytRj ( FI. 7:,4.//1 Neighbor 3541151. Ave. SW Naples, FI 34117 Neighbor 3580 1st. Ave, SW Naples, Ff 34117 Mark Wood 3530 1st. Ave. SW Naples, FI34117 Neighbor 3510 1st. Ave. SW Naples, FI34117 . Agenda Item NO.7 A June 26, 2007 Page 51 of 76 Ro. ,'1-<1 ev Agenda Item No, 7 A June 26, 2007 Page 52 of 76 II Of Jehovah's Witnesses I Gale Blvd. 34120 Neighbor 3561 3rd. Ave. SW Naples, FI34117 Neighbor 3581 3rd. Ave. SW Naples, FI34117 Agenda Item No. 7A June 26, 2007 Page 53 of 76 1(j:NqrD09rf. J{jfL[, OP JP:J{(yf))4J{'s WlTNPSSPS 34/11) qdifm 'Jttte<Bmi 3411fJ re: Petition CU-2004-AR-6384 September 20, 2005 Dear Commissioner Coletta, We would like to invite you to a neighbor hood meeting at the Kingdom Hall on Wednesday October 5, 2005 at 7:00 pm, Attached is a copy of the invitation sent to all of our neighbors, We would be honored if you could attend this meeting, to look at the site, and answer any questions or concerns you may have. If you cannot attend this meeting and would like to meet another time, feel free to contact us. Please call Mike Casady at 289-1756. Thank you for your time, '}(jngaom Halr of Jefio-vafi 's 'Witnesses r Agenda Item No. 7A June 26, 2007 Page 54 of 76 'l(J:NqDCYM JI)tf:.L OP :fEJ{(YV)fJf's WITNPSSPS 34IIOqoIMn qaulJJf<tf. 3412() re: Petition CU-2004-AR-6384 September 20, 2005 Dear Commissioner Henning, We would like to invite you to a neighbor hood meeting at the Kingdom Hall on Wednesday October 5, 2005 at 7:00 pm. Attached is a copy of the invitation sent to all of our neighbors. We would be honored if you could attend this meeting, to look at the site, and answer any questions or concerns you may have. If you cannot attend this meeting and would like to meet another time, feel free to contact us. Please eal1 Mike Casady at 289-1756. Thank you for your time, '1(ingaom J{a[[ of JeftO'vali's Witnesses Agenda Item No. 7 A June 26, 2007 Page 55 of 76 7(j!NflD(XM:J/)fL.[, OP JW{Oo/JfJ{'s WITNPsSPs 3481) qot;fm r;au rBM 3412XJ re: Petition CU-2004-AR-6384 September 20, 2005 Dear Commissioner Fiala, We would like to invite you to a neighbor hood meeting at the Kingdom Hall on Wednesday October 5, 2005 at 7:00 pm. Attached is a copy of the invitation sent to all of our neighbors. We would be honored if you could attend this meeting, to look at the site, and answer any questions or concerns you may have. If you cannot attend this meeting and would like to meet another time, feel free to contact us. Please call Mike Casady at 289-1756. Thank you for your time, 1(i11iJaom J{a{[ of JeiUYvafi 's 1;J!itnesses r . , Agenda Item No, 7A June 26, 2007 Page 56 of 76 1.(J:NqCJXY.M.:J-I)fLL OP JW{Oo/}lJfS w,FJ!NPS5YES 348() qcHeo (jaU0W. 341?JJ re: Petition CU-2004-AR-6384 September 20, 2005 Dem' Commissioner Halas, We would like to invite you to a neighbor hood meeting at the Kingdom Hall on Wednesday October 5, 2005 at 7:00 pm. Attached is a copy of the invitation sent to all of our neighbors. We would be honored if you could . attend this meeting, to look at the site, and answer any questions or concerns you may have. If you cannot attend this meeting and would like to meet another time, feel free to contact us. Please call Mike Casady at 289-1756. Thank you for your time, '1(jngd'om J{a{{ of JeFwvafi 's 'Witflesses Agenda Item No.7 A June 26, 2007 Page 57 of 76 1.(J:NqDCYM:JI)1.Lf:. OF JP:J{01J>>fs WFI!NP.S.SPS 34IKJ qcU1:n IJatI <B&J: 34120 re: Petition CU-2004-AR-6384 September 20, 2005 Dear Commissioner Coyle, We would like to invite you to a neighbor hood meeting at the Kingdom Hall on Wednesday October 5, 2005 at 7:00 pm. Attached is a copy of the invitation sent to all of our neighbors. We would be honored if you could attend this meeting, to look at the site, and answer any questions or concerns you may have. If you cannot attend this meeting and would like to meet another time, feel free to contact us. Please call Mike Casady at 289-1756. Thank you for your time, 1(jngaorn J{a([ of Je/iova/i 's Witnesses I Agenda Item No. 7 A June 26, 2007 Page 58 of 76 1.(J:N(jlXY.M J(J.L.C OP :JEJ{CYrJ)fJ-fS WYJ!!.IPSSES ,l4IIi!qcIifm fl<rt'~ 3412fJ Landy Engineering 2780 South Horseshoe Dr. Naples, Florida 34104 Office 261-6999 cell 777-9318 October 4, 2005 Dear Mike, Just as a reminder for tomon'()W evening; the neighbOl'hood meeting at the Kingdom Hall, Wednesday October Slh 2005 at 7:00 pm. We have invited all the surrounding neighbors for this meeting. We would like to explain the many benefits as Christians we provide for the community, and if you can help us to answer any questions or concerns that the neighbors may have about the upcoming building project. We'll be looking forward in seeing you. Lionel Pereira 455-7649 Mike Casady 571-1665 .... .... I!i II !lr.n ~.II !1!,.lll iJl I: I!: .' III'hl:1 p 'dllgOil "I '1 =1 1'1 II' I. i' :: 11111 .. to .. ~ I~I 11"11f~1 1111"" I~ I III i~ I~ ~! I~i 'Il 11~!~i II :1.111111 il 1/1 ~i .. ---.. (~l:."1Q;.. 11l111!!!il- ---------- ~-~--~-;~:~~;:g~~ II.. .. - L.. --.-. ~) ( ~~ i i I I 111I . ~~~~ Ie I : 1111 ,mi ~1 i I .. III I I II I' \ ( JI \ \ \ \ \ , " " " , ", "'t, " " ~ \\ \ ,~ \\ .. III '\ \~~ d \\ I I "! I"" I l HI I1lr:\' Ii a; II : & I 'I HI f\ \\ ::- I I' 1.. '>-- f.1 ~\\ Ii' ii i'1!'r',J,\,\\::u lml I h- I : 'H) 11\1 i i . ~ ~ " 18 " I ,,\ \ I i I j"T"1 I I. ",:,." . ~ """"" ""'" _"""__~-'O",,,,,,, ------------:;J~L~= ~ i IJ~c:~ ;_~;;_~~=__~=__=!,:::__::~,=__::~=_~::___=_=::___=~::___=;_ _~~~ _::\ ------------------ W ---- ---- ---- ----- - ----- - _ ;r~~~~:~~~~:~~:-~-- -.. -===: ~~=~~==========;=================~~~~~==========-~==== ======== =--~~== ~If= '" == '" => ---:::.-,;;--:::.-==-=,,--==:::.-:::.-=;,;------~- ... - ---------------- c=-~_____________ ~[~____============ =~~~~m~===i T----- ~~ REct.Htu ~' ~i JUl I 22005 t II,! I I ..... - - ,ow - ~ - - ~ ~ - ~ oIIUlJSTl,_ ___ - i . \4 ,.r. \.~ . 'i' hi \ . II II I r.J..-T--- "I I 11 \ 1ft L_..J I \4 ~~ \'\ q. I ~I .'" ! S !3*'" ; po N l'JR: ~:A.'" ~ UN'.....v~.... tit 3-4-80 Golden Cate Boulevard. CONDmONAL USE MASTER PLAN UIm1f' I!OOGllOOIEll!1RI000i!ll -..:."~,,:- _.~ __lP__ ___._6.__~" --- ~..._-- - .~ ONS . , -". / .. ~ Agenda Item No. 7A June 26, 2007 Page 60 of 76 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR "--_._-~._---~--_."..._.- ._-".. ..._-----~-_._._- CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: No /' Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress . Yes_ NoL C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No ao/ct or _ Affect mitigated by L Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district No / Yes B the above findings, this conditional use should, with stipulations, (copy attached) should not recommended for approval DATE qJ q{ 0 ~ va-CHAlRMANuILI"J-f .Jh-;. EXHIBIT "A" Agenda Item No, 7A June 26, 2007 Page 61 of 76 ~ -- ~-- - --- --- - -~--, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION -,--- -......-,F9R--..c=....=-"'-c----'..------..,-====, CU-2004-AR-6384 The following facts are found: I. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to' property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ,,/ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above [mdings, this conditional use should, with tipulations, (copy attached) (should not) be recommended for approval DATE: fir )1')' J j MEMBER: \'3' S<iY>! T Agenda Item No, 7 A June 26, 2007 Page 62 of 76 ....._...._.__._~.__.,._---- ---'--- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ,_________ _~--=::.=--,FQR-u-=::- -~-..----,..---..:,---------, , . CU-2004-AR-6384 The following facts are found: I. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not , adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes v' No~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t/ No . C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 7 /71 Q;; I I MEMBER: '-~~~ . Agenda Item No. 7A June 26, 2007 Page 63 of 76 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ---.::.::.:..::====-==:.::::::-...FJ:;lR::.:.:=::==-_----- - _, _=_=-=,:_:, , " CU -2004-AR -6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress ,....-"----... Yes~ No J C. Affects neighboring properties in relation to noise, glare, economic or odor effects: \~\\\\~~""'" l~\\n,~ _ No affect or _Affectmitigated by ~W}..4,'\J1'IV\" 'iJ~' _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district , Yes j No Based on the above findings, this conditional use should, '151,- ,1,1 ~ b~ recommended for approval , ' /I \ \ I DATE: \ '\ :"" ~':, ) ~ r Agenda Item No. 7A June 26, 2007 Page 64 of 76 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ._..____.____.. ____.____~.._____._.___ ___ ._ _ """.__,_.,_,_"______'_'__'___". _..____.,__..".u~_.~_'_._._..____ ._..__._~'--"-'-' -,._._...._.~- ---,---~--.--------,._-_._--_.._- ----_._--_._._-----~.. CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fITe or catastrophe: Adequate ingress & egress Yes ,/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by 1?f:Jl.M I WIlr1..L.~.b$C..A-P'''''' _ Affect cannot be mitigated ' D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval :5t1oLLL...D . DATE: 7/7/05' CHAIRMAN: Ud--nr14.. '1?ud ,~ EXHIBIT "A" ,. Agenda Item No, 7A June 26. 2007 Page 65 of 76 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ..( No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or V Affect mitigated by _ Affect cannot be mitigated Compatibility wiili adjacent properties and oilier property in the district: Compatible use within district Yes / No Based on the above fmdings, this conditional us -~ wiili stipulations, (copy attached) (should not) be recommended for approval ~ . CHAIRMAN:_l.(~ ~C ' ') D. ~ 1,(. ()~ DATE: EXHIBIT "A" ~"""""'-"""''''~~''''''~'''''''''''''^''''''~~''-'''''-'->>''' r --..._"'-."--_......._,----~ Agenda Item No. 7A June 26, 2007 Page 66 of 76 Conditions for Approval of Conditional Use CU-2003-AR-6384 (July 7, 2005) I. The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, 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 Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. The conditional use approval to allow a church is limited to the site plan identified as "Golden Gate Boulevard House of Worship" prepared by Landy Engineering, stamped "Received 7112/05". 3. A six foot wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, 4. A Type "B" buffer, which includes a six-foot tall wall on top of a three-foot tall berm, shall be provided along the western property line. The property owner shall provide landscaping to Land Development Code requirements, which includes irrigation and maintenance. 5. A Type "D" buffer shall be provided along the southern property line, 6. The access to 1st Ave. S.W. shall be restricted by a gate to emergency vehicles only, 7. The southern most parking stalls shall be constructed with grass pavers. Exhibit "C" Agenda Item No. 7 A June 26, 2007 Page 67 of 76 RESOLUTION NO. 07. A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN THE ESTATES ZONING DISTRlCT FOR AN ADDITIONAL CHURCH BUILDING PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 3480 GOLDEN GATE BOULEVARD S,W., TRACT 81, GOLDEN GATE ESTATES UNIT NO, 4, IN SECTION 11, TOWNSllil' 49 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 stich business regulations as are necessary for the protection of the public; find \VHEREAS, the County pur.smmt thereto has adopted a Land Development Code (Ordinance No. 2004-41), as amended, \vhich includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uscs; 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 ailer notice as in said regulations made null provided, and has consider~d the advisability of fl conditional use for an ndditional church building pursuant to Table 2 of Section 2.04.03 of the Collier County L.and Development Code in EUl Estates Zoning District on the property hereinafter described. and the Collier County Planning Commission hAS found as a matter of fact (Exhibit "AU) that satisfactory provision and arrangement have been made conceming all applicable matters required by said regulations and in accordance with Subsection 10.08.00 of the Land Development Code; and WHEREAS, aU interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FL.ORIDA tltat: CU-Z004-AR-6384 1 of2 I Agenda Item No. 7 A June 26, 2007 Page 68 of 76 The pelition filed by Mike Landy of Landy Engineering, Inc., representing Golden Gate Congregation of Jehovah's WitLlcsses, with respect to the property hereinaftcl'described 8S: Tract 81, Golden Gate Estates Unit No, 4, Collier COllnty, Florida, as recorded in Plat Book 4, Pages 79-80, of the Public Records of Collier County, Florida, more particularly described as 3480 Golden Gate Boulevard S,W, be and the same is hereby approved for a conditional use for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Latld Development Code in an Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit 'IBIl) and subject to the following conditions: Exhibit "e" which is attached hereto and U1cOlporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in lhe mill utes of lhis Board. This Resolution adopted after motion, second and super.majorlty vote. none this day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORlDA Deputy Clerk BY: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: 'f} ",(<'t-fJ:tt1_e.l'~ Marjori . Student-Stirling 0 Assistant County Attorney Cli-2004.AR .6J8~IJv\JD/~p CU.2004.AR.6JII4 20f2 Agenda Item No, 7A ' , June 26, 2007 Page 69 of 76 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ....... _..n____.._...___ ._ _____'_._._n_'___._ ___......________..__._n_____ ______.__._.'_ __". CU.2004-AR-6384 The following facts al'e found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning DistTict of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not aclversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: No / Yes B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress , Yes_ NoL C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No aJ}ect or _ Affect mitigated by L Affect CBlmot be mitigated D. Compatibility with adjacent properties and other propeliy in thc district: Compatible use within district No / Yes B the above findings, this conditional use should, with stipulations, (copy attached) (should not) recommended for approval va-CHAlRMANvIL\J. r ~ DATE: ~! qrO~ .. -..- EXHIBIT "A" r ) Agenda Item No. 7A , June 26, 2007 Page 70 of 76 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR -~.-_._~--------------~~--- --- ----- -~--~ -~-------- - ---- .- --- --- -----------.._---~--_.....__._..-.----_..~ ~-- -----~---_._--.- CU-2004-AR-6384 The following facts are found: 1. Section 2,04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use, 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the sanle district or neighborhood because of: ' A. Consistency with the Land Development Code and Growth Management Plan: No / Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress , Yes-,:", NoL C. Affects neighboring propeliies in relation to noise, glare, economic or odor effect~ : ~. No ~ct or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent propelties and other propelty In the district: Compatible use within district No / Yes B the above findings, this conditional use should, with stipulations, (copy attached) should not recommended for approval DATE_~l qfoi' \!lL-CllAlRMAN~"JJ k ) EXHIBIT "A" Agenda Item No. 7 A June 26, 2007 , Page 71 of 76 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION -:-==--=--'--'==-====...:o.:=:==,,:::=,,=-,,--'JrQR-c==--:--~~---------:-------::::: , CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2':" Conditional Uses -Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect otl1er property or uses in the same district or neighborhood because of: A. Consistency ",rith the Land Development Code and Growth Management Plan: , Yes V No B. Ingress and egress to' property and proposed structures illereon wiill partiCular reference to automotive and pedestrian safety and conveluence, traffic flow and control, and access in case of fire ,or catastrophe: Adequate ingress & egress Yes \/_ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: , V No affect or _ Affect mitigated by , _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with tipulations, (copy attached) (should not) be recommended for approval DATE: 7hk) I . MEMBER: r Agenda Item No. 7A June 26, 2007 ' , Page 72 of 76 ) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR . A CONDITIONAL USE PETITION .c;:-==---=--' ======-- -~---,... --_.....,,--FQRc-- -_.._~--~....._---=--:-==--:-..---- , CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 .:.. CO!lditional Uses":' Estates Zoning District of the Land Development Code authorized the conditional use. 2, Granting the conditional use will 'not adversely affect the public int~rest and wiil not , adversely affeCt other property or uses in the sanle district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No~ B, Ingress and egress to' property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow' and control, and access in case of fire.or catastrophe: Adequate ingress & egress . Yes/No C. Affects neighboring properties in relation to noise, glaJ:e, economic or odor effects: ~ No affect or ~ Affect mitigated by , _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatibl e use within district Yes i../' No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: '7 /71<:.;; I I MEMBERA\.~ Agenda Item No, 7A June 26, 2007 , Page 73 of 76 FINDING OF FACT BY COLLIERCOUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION __,_.__..____,______ ------- -'-;--'- .-,,-;:c=-,FOR---;--..--,---------:::c::---==:::, . CU-2004-AR-6384 The following facts are found: I. Section 2.04.03, Table 2':" Conditional Uses - Estates Zoning District of the Land DevelopmentCode authorized the conditional use. 2: Granting the conditional use will not adversely affect the public interest and will not , adversely affeCt other property or uses in the sanle district or neighborhood because of: A. Consistency with the L~fvelop~ent Code and Growth Management Plan: , Yes' No_ ' B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~ate ingress & egress J Yes_ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by ~~~~ l ~~ _ Affect cannot be mitigated '. D. Compatibility with adjacent properties and other property in the district: Compatible use within diStricj Yes No Based on the above findings, this conditional use should, ..::: i~~~=~d'd f,,_,," '. Agenda Item No. 7 A , June 26, 2007 Page 74 of 76 ' FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ---------~~------------- ------~- ...._.__________._ _.____~__n .___ ____ _.______0____ ---...----..----------'---..- - ..-- --~-----------'-------'~---- CU-2004-AR-6384 The following facts are found: 1. . Section 2.04,03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting thetonditional use will not adversely affect the public interest and willl10t adversely affect either property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes .; No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,/ No , C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect Of ~ Affect mitigated by /!,~ llAJM..L1 ~J>!oC.A-P/J\J~ __ Affect cannot be mitigated t \ ' D. Compatibility with adjacent propeliies and other property in the district: Compatible use within district Yes J No Based on the above findings, this conditional use should, with stipulations, (col?Y attached) (should not) be recommended for approval :5/1tlt..LL..-b, , . DATE: 11/0:;' CHAIRMAN: JJ.-..nr7tL '12Jd ,~ EXHIBIT "A" , , " " "- "-\--0. "-,,>, ~ \\ \ \\. \\ ~. III \\ \~~~' if \ \ I I II! J Of \I I l !!! b) \, -::- m!l : ! I q ill II , ~ I,' ! ~ l~ "1 ~I\ I ~ i i! I "\ \\\ i i awl I h-jll;'.\ 1\1 I' " " ~ ~C(r ,Wi \\1\ =c:C~~c~i:c~~~oi ;==c'~;:~':~~:~'.:~~~~ ,~c" ~ W===:==:=:==:::= - - - - :===t==;=::~:::::.::::=:~::==::====~~::=::~:~~~===:=::::~~=~:==:- ::::=:=: ::::=~"'==::.:..~ 5l_~__~_:::) _ _____________ _====== !l:::",-__~__ rJS .- ------ -- ---;; ---- --- ------- t1' _ _-<~ 2~_______q_________f'.___. ==-=-=-=-=--==-=-=--==-=--=_:=- ~~~~~~= ~[ __GOLDEN GA~OULFVARD __~_L ======= ~r====~uTNn ======------------- ~~ JU 1 EXHIBIT B - CONCEPTUAL ~~ l 22005 SITE PLAN i "'1< ~.. la' II 'II: D II! I! !1!~111 ll~ · I' . i!f III!:! !! :; ~I dli 'j II :: 11111. II II !Ill i ! v~......(:s:F.'.,!:.......'Y1... I " il".,_ '-0 Agenda Item No. 7 A :i;I!I'llll'11l1111 ' 111"11 ~llllmll = ---_~_~=------~-=----=--~~--;=::-..::------ -_~~~65 ~~~~ 'i I il '11 ~ m ---------- --;;;r AVDiUE s(JfJif{Wt!il ------ 1'lllllI! l. II .. .. J;:_ ._._'~ .. l,I.I'ij. ,,' '" ~) ( iilllll" ill -,',: I' I' """ III I 1 II I il'I" .m. I' I I 'Il I~ II ~Illq I : ~~IT I:!:I ll! I I I -, II 'Ill I"" .~~, II I~ !~I' l I, I ."J l! !i ,I & II qLii H , \ \ ~ \ \ , II II il I! II III \;\ ilil \'1 ", II' III \:,\ I!!I I" ;I' I ' I; I . R, l"l " s !3*'" ~ f' '" N ...." ~ /&fAIN CIDIlm\1lMll~ ~,- .....---- -- UIMIQ)'\f [g1M~nli\ll[g~Ii'dOIMItlI ""'" ~ " --....--- "== .. '" "4 .~ FOll;O'JlBl;;tJV'~ ~fi ~"'~'.Z.m11S - - ~ tlil1lllI'4i8J tIiIlN' ~..uD II/1MSS ", Of.n....~ 1'-:10' _rl,,2OCW ~'$ 34BO Golden Gate BouleVllrd - - 00 5I1ml~:=lt?E!!'~Fw>~ l\~ ..., ~ -- CONDmONAI.. USE MASTER PLAN ~~ REVISIONS " ocre~~~ '" .....'_......_b.. . Agenda Item No. 7 A June 26, 2007 Page 76 of 76 Conditions for Approval of Conditional Use CU-2003-AR-6384 (July 7, 2005) 1. The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as pal1 of this application, 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 Section 10.02.03, Site Development Plan Review and Approval, of the Collier Cmmty Land Development Code (Ordinance 2004-41). 2. The conditional use approval to allow a church is limited to the site plan identified as "Golden Gate Boulevard House of Worship" prepared by Landy Engineering, stamped "Received 7112/05". 3, A six foot wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, 4. A Type "B" buffer, which includes a six-foot tall wall on top of a t1Jree-foot tall berm, shall be provided along the western property line. The property owner shall provide landscaping to Land Development Code requirements, which includes irrigation and maintenance. 5. A Type "D" buffer shall be provided along the southern property line, 6. The access to 1st Ave. S.W. shall be restricted by a gate to emergency vehicles only, 7. The southern most parking stalls shall be constructed with grass pavers. Exhibit "C" Agenda Item No. 7B June 26,2007 Page 1 of 35 EXECUTIVE SUMMARY V A-2007-AR-11300, Irvine Dnbow, requesting a five-foot Variance from the required 15- foot front yard setback to allow a ten-foot setback in order to rebnild a screen cage enclosure for property located at 5901 Almaden Drive, described as the Vineyards' Sonoma Lake subdivision, Unit 1, Lot 26, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Variance petition and render a decision pursuant to LDC Section 9.04.00, in order to ensure that the community's interests are maintained. CONSIDERATIONS: The applicant is the original owner of a single-family residence, which had an existing screened cage enclosure upon his purchase of the home in 1990. However, while attempting to rebuild the cage after it was destroyed by Hurricane Wilma, he learned that a permit for the structure was never pulled. He also learned that the cage illegally encroached approximately 6.5 feet into the IO-foot drainage easement abutting the eastern boundary of the property; and that it did not meet the 15-foot front yard setback requirements. The PUD document governing the subject property is silent regarding setbacks for accessory structures. However, the Collier County Land Development Code (LDC) requires that the minimum front yard setback for accessory structures, such as screen enclosures, be consistent with those for the principal structure (LDC Section 4'()2.03, Specific Standards for Location of Accessory Buildings and Structures). As such, the screen enclosure is required to meet the minimum, 15-foot front yard setback of the principal structure. The existing slab foundation for the screen enclosure is set back only four feet from the eastern property line; however, because of the drainage easement running parallel to this boundary of the property, the applicant is proposing to reconstruct the new enclosure ten feet from the property line, which would enable maximum utilization of the existing slab foundation while respecting the limits of the drainage easement. The unused portion of the slab foundation would remain in the drainage easement since it is at grade and would not impede with the easement's function or maintenance. The applicant has provided letters of support from 14 property owners in the Vineyards Sonoma Lake Subdivision. The County has received two letters of support and two letters of opposition to this request from other neighboring property owners. Page 1 of3 Aqenda Item No. 78 , June 26, 2007 Page 2 of 35 The CCPC believed that denying this Variance request would create a practical hardship on the applicant and that it would not be injurious to the neighborhood or detrimental to the public welfare. FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Approval of this Variance would not affect or change the requirements of the Growth Management Plan. AFFORDABLE HOUSING IMPACT: Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Variance. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition as they do not normally hear Variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION~ The CCPC heard petition V A-2007-AR-I 1300 on May 17, 2007 and unanimously voted 9-0 to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The five-foot Variance granted is limited to the front yard encroachment for the proposed screen enclosure along the eastern property boundary, as depicted in the applicant's submitted survey sketch dated March 30, 2006 (included as Exhibit A); and 2. No vertical construction shall be permitted in the 10-foot drainage easement. While the CCPC vote was unanimous, this item could not be placed on the Summary Agenda due to the two letters of opposition received by staff; however, neither of the opposing parties attended the CCPC public hearing. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation ofthis land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of Page 2 of3 Agenda Item No. 7B June 26, 2007 Page 3 of 35 the listed criteria in Chapter 9.04.03 of the Land Development Code (LDC). These evaluations are completed and have been incorporated into the attached Staff Report. A summary of the legal considerations and findings are noted below: . Are there special conditions and circumstances eXlstmg, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? . 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? . A literal interpretation of the provisions 0 f the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. . The variance, if granted, will 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. . Granting the variance requested will not 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. . Granting the variance will be in harmony with the intent and purpose of the LDC and not be injurious to the neighborhood or otherwise detrimental to the public welfare. . There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. . Granting the variance will be consistent with the GMP. RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition V A-2007-AR- 11300, subject to the CCPC's conditions stated at their May 17, 2007 regular meeting and incorporated into the attached Reso lution. PREPARED BY: John-David Moss, AlCP, Principal Planner Department of Zoning and Land Development Review Page 3 of3 Item Number: Item Summary: Meeting Date: Page 1 of I Aaemia 11em No. 78 ,~ June 26, 2007 P3ge 4 of35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ('B ThisilemreClINElsHlmallp8rtlcloantsbeswornman,lexpartedlSclosure oe provided by c.ol11nl:%ioll members PetiHoll VA<:007 -,A,R.11300 lrVlrlE DubOW representing h:nlself requesh a Vananse petition to rebliild a pool cage aamaged tram HUrricane v'",',lmB that w'Jl'ld encroach Steet into the setback area The property IS located at 5901 ",madel' Drive Intll(! Sonoma Lakesubd;vision, Unit 1, Lot26 F-olio# OOOCOi'3155001.<1!JS SectionS Townsh,p .j~, S r,ange 2f:. F COiller Count\' Fcorida 6!2512CCli800,OO,A.M SeniorPlnnner Date Prepared By John-David Moss Community Development & EnvironrnentalServ,ces Zontng& Land Development 6/8/200710:02:41 AM Marlene Stewart E~ecutive Secretary Date Approved B)' Community Development & Environmental Services Community Development & EnVironmental $crvlcesAdmin 6112/20073,13 PM Approved By OperatIOns Analysl Date JudyPuig Community Development & EllvironmentalServiccs Community Development & Environmental Services Admin 6112j2007 3:46 PM Ray Bellows Chief Planner Date Approved By Community Development I> Environmental Services Zonmg & L'nd Development Review 6113120075c40PM Susan Murray.AICP ZOCling& Land Development Director Date Approved B)' ComrrHlmty Development & SnvlronrncntJI Serv,ce~ Approved By Zoninn & Lat1d DeveloplnentRev,ew 6/1412007 eCI! AM Joseph K_ Scnrnlll Commumty Development & ErwironmentalServices Community Development & E.nvironmiZOntalServicesAominstrator Date Community Development & Environmental Services Admin 6114i2()075:18PM OMBCeordinalor Appllcahons Analyst Date Approved By AdministraliveServict!s InlormmionTecllnology 611Si200710:05AM Mark IsaCKson 8udg<>tAnalyst uate Approved By County Manager'sotfice Office of Management & Budget 6118120079:55AM Approved By JamesV_Mudd 8oardofCouJlty Commissioners CO<Jnty Man"ger DatE< Counly Manager's Office 6/18/200710:54AM file:/ /C:\AJ!;endaTest\Export\85-Junc%2026,%202007\07. %20BOARD%200F%20Z0NIN.. 6/2012007 , , Aoenda Item No 78 AGENDA IT1Th18fQS, 2CJ07 Page 5 of 35 CO~l' CoUl1ty =.."".""~""""",,, STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 17,2007 SUBJECT: PETITION V A-2007-AR-11300, IRVINE DUBOW AGENT/APPLICANT: OWNER/AGENT: Irvine L. Dubow 5901 Almaden Dr. Naples, FL 34] ] 9 REOUESTED ACTION: The petitioner is requesting a five-foot variance from the required IS-foot front yard setback pursuant to Ordinance 91-75 (the Vineyards PUD) to allow a 10-foot setback in order to rebuild a pool cage destroyed by HUlTicane Wilma. GEOGRAPHIC LOCATION: The subject property is a corner Jot located at 5901 Almaden Drive, in the Sonoma Lake subdivision, Unit I, Lot 26, Folio # 0000073755001459, Section 8, Township 49 S, Range 26 E, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF REQUEST: The applicant is the original owner of the single-family residence on the subject site, which bad an existing screened cage enclosure upon his purchase of the home in 1990. According to the applicant's nan'ative statement, while attempting to rebuild the cage after the hurricane, he Ieal11cd that permits for the structure were never pulled. He also learned that the cage illegally encroached approximately 6.5 feet into the 1 a-foot drainage easement abutting the eastern boundary of the property, and that it did not med the 15-foot front yard setback requirements. Pe!IiiWI VA-1007-AR~1 /300 Page I oJ6 cere Dale: May 17, 2007 . CD r-- LI") .J;::;o..OC0 ~- " 0 (0-(,0 >=N ell W(l)en --'" -~[L "," ,,"" ill CJ) <( "",,,01 OL JON I ____ - ~ I . , I' !. _i~ "I ~ ~ ~ ~ e "" ....~.. ,l , o E S. I" , .' l 0- , 0::( ~ Z 0 - I- 0::( 0 0 .J UW~ Wlnoo IH"oro . 5 I s "," " r >- z 00 ~ f:; ---.. ~ ~ ~ ~ 9 I, , . 'I I ,Jt}~ -Is! i 1 I I . t i, f " , : i l' il I, (' ~~9 "Iii !lWNfl'lOI;I tMlO, l!lNiI3'1flOU'fUWlM!",JWY9 ~ I s, 11 'Ii llloalvnlBLHl ~- i! . !- . va . g i, ~~~ , i . i I R; lS ~~ I lNOlINQlSolM/'l <~1 1Ol1ll~ ~ 0- 0::( 2: C) z z o N <> <> '" ~ 0: <: .... <> <> N , <: > '" z o t: ... w "- Aaenda Item No. 7B - June 26. 2007 Page 7 of 35 The PUD document governing the su~iect property is silent regarding setbacks for accessory structures. Nevertheless, the Collier County Land Development Code (LDC) requires that the minimum front yard setback for accessory structures, such as screen enclosures, be consistent with those for the principal structure (LDC Section 4.02.03, Specific Standards for Location of Accessory Buildings and Structures). As such, the screen enclosure is required to meet the minimum, IS-foot front yard setback of the principal structure. The existing slab foundation for the screen enclosure is set back only four feet from the property line; however, due to the existence of the drainage casement, the applicant is proposing to reconstruct the new enclosUl'e ten feet from the property line, which would enahle maximum utilization of the existing slab foundation while still respccting the limits of the drainage easement. The residual portion of the slab foundation will remain in thc drainage easement since it is at grade and will, therefore, not impede with its function 01' maintenance. SURROUNDING LAND USE AND WNING: NOlth: East: South: West: Lake, then single-family residential structures, zoned PUD. Single-family residential structures, zoned PUD. Single-family residential structure, zoned PUD. Single-family rcsidcntial structure, zoned PUD. P(!/ition VA-1DO?-AR-1130n Page 2 oJ6 cepe Date: May 17, 2007 I Agenda Item No. 7B June 26, 2007 Page 8 of 35 GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Land Use Designation on the County's Future Land llse Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for an accessory structure on a single-family home that is located within a single-family subdivision, which is an authorized use in this land use designation; therefore, the single family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludcs that the proposed use for the subject site is consistent with the Future Land lls<:: Element. ANALYSIS: Section 4.0 Zoning Review: Section 9.04.01 of the Land Development Code gives thc authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A through H (in bold text below), which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responscs to the items in Section 9.04.03 as follows: A, Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of thc land, structure or building involved? There is no land-related hardship. The lot is situated in a platted, developed PUD. The use of the subject property is allowed, and the minimum 15-foot front yard setback for accessory screen enclosures is the same as for the principal structure. Absent this variance approval, the petitioners would still have a reasonable use of the propelty. B. Arc there special conditions and circumstances, which do not l'esult from the action of the applicant such as pre-existing conditions l'elative to the property, which is the subject of thc variance request? Yes. As previously stated, the applicant is the original own<::r of the single-family residence, which contained the pool cage enclosure when he purchased it from Coastal Construction in 1990. The applicant assumed that the cage enclosure had been permitted with the house, although it never was, Therefore, this is a pre-existing condition. 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? If this variance is not approved, the largest screen enclosure the applicant would be able to install would be approximately 260 square feet, which is less than half the size of the existing concrete patio slab. Consequently, more than 50 percent of the wlUsed slab would remain, thereby creating a practical difficulty for the applicant. Staff from the Stormwaler Engineering Dep8.ltment has reviewed the application and has no objections to the proposed variance provided that all vertical construction remains outside of the ten-foot drainage easement area along the eastem boundary of the property. Pellfioll VA.2(}(J7.AR.1l300 Page 3 oJ6 cepe Date: May 17, 2007 /\genda Item No, 78 June 26, 2007 Page 9 of 35 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 hcaltb, safety and welfare? Yes. The variance proposed would be the minimum variance to allow reasonable use of the existing lanai with a cage enclosure. As no pmi of the proposed screen enclosure would be constructed within the drainage easement, approval of the variance will not have a negative impact on standards of health, safety and welfare. E. Will granting tbe 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 distdct? Yes. A variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, no similar variances have been granted in this immediate neighborhood. F. Will granting the variance be in harmony with the general intcnt and purpose of this Land Development Code, and not be inJurious to the neighborhoo(l, or otherwise detrimental to the public welfare? Yes. The proposed variance would allow the applicant to construct a screened enclosure, which is an appurtenance enjoyed by many of the applicant's neighbors. Approval of this variance would not have an injurious effect upon the neighborhood, nor would it be detrimental to the public welfare. It should be noted that the proposed enclosure is intended to replace the previous screen enclosure that existed for 16 years without complaints. 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.? Yes, The subject property is a corner lot and the area for which the variance is being requested abuts a drainage easement, lake and roadway that dead-ends at the end of the petitioners lot. Therefore, the screen enclosure would not impact the only adjacent neighbor situated to the west. H. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COMMITTEE (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Pelitioll VA.2007-AR-} 1300 Page 1/ 016 ccpe Dale: May J7, 2007 . Agenda Item No. 7B June 26, 2007 Page 10 of 35 RECOMMENDATION: Zoning and Land Development Review staff recommends that the Planning Commission forward , a recommendation of approval of petition V A-2007-AR-11300 to the Board of Zoning Appeals. Staff is recommending approval of the variance with the following conditions (Exhibit B to the resolution): 1. The five-foot variance granted is limited to the front yard encroachment for the proposed screen enclosure along the eastern property boundary, as depicted in the applicant's submitted survey sketch dated March 30, 2006 (included as Exhibit A); and 2. No vertical construction shall be permitted in the 10-foot drainage easement; and As of the writing of this staff report fourteen letters in suppOli of this petition have been received from neighboring propcrty owners, PREPARED BY: ~- ~J!~ JOHN-DAVID MOSS, AICP, PRINCIPAL PLANNER PRINCIPAL PLANNER f/oo/07- DATE J TZKOW TY ATTORNEY 4/ ;y [7 DATE ./2 RAY I7'ELLOWS, MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW 4 >~~(\ -D7 DATE ~n yYJ, ~/f1.4::J 6// /J007 SUSAN M. ISTENES, AICP, DIRECTOR . . DATE' DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: J S PH K. SCHMITT, ADMINISTRATOR ~-:~J<~7 DATE Page 5 of6 . cere Date: M{JY 17, 1007 Agenaa Item No, 78 June 26, 2007 Page 11 of 35 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 26, 2007 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Petiti(Jll VA-2007-AR-J 1300 Page 6 016 cepe Dote: May 17, 2{)07 . Aqenda Item No, 78 - June 26, 2007 Page 12 of 35 (i) i\qenda Item No, 7B - June 26. 2007 Page 13 of 35 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & lAND DEVELOPMENT REVIEW VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff Above to be completed by staff APPLICANT/AGENT INFORMATION NAME OF APPLlCANT(S) \ "I ", If.( 'v i Iv ~, L. U ljr- .' , ADDRESS i ': (~( I' 'I. 1\, I~ :1'-' : ~ ,I \ i '- - j', i\ Ie CITY hJ\ fi . 'i ~', CELL# :",-" STATE \ L ZIP I ('"; ,-' . ~ "f ,\ '. _' , - '.-f'r'- )'l%~ TELEPHONE # J)' u' ~<";~!'l_?' I )7 FAX # ~--k.'~.-J.-,~~ E-MAIL \L0Lko,.' ("' ~ !.; ,i;' . i ,('. ,,- ADDRESS: NAME OF AGENT ADDRESS TELEPHONE # CITY CELL # STATE ZIP FAX # Variance Application rev. 12/23/04 Page 1 of 1O r E-MAIL ADDRESS: Agenda Item I~o. 7B June 26, 2007 Page 14 of 35 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. .Q L,q..\<~ S NAME OFj ~?MEOWNER ASSOCIATION: 0 NO 1'-1 A- .:1::j:UM80-.J w t..\t,":;. Iksoc. MAILING ADDRESS ~tO I &~nlIl!ut:lot ~j) CITY ~TATE ::t=' L ZIP ~4\3S: "'5'P~\lJG,.-""'" NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: Variance Application rev. 12123104 Page 2 of 10 MAILING ADDRESS CITY STATE _Menda Item No, 7B - ZIP' ,. 'n- ?6. 2007 Page 15 of 35 I PROPERTY DESCRIPTION Legal Description of Subject Property: Section/Township/Range L; -*...sJ.L Property I.D.#: (1t'XXJ()., $1 S'.r.o (1 I ~ ~'f SubdivisionJ'O tJ:? /vi rt L A--\< t. Unit Lot: 2 f., Block: Metes & Bounds Description: Acreage Address of Subject Property (If different from Petitioner's address): ADJACENT ZONING AND LAND USE Zoning Land Use N~ S PUD E~ W ---11lJL ~~S\ u'i-~\\ M.. ~ I 1/ I Minimum Yard Requirements for Subiect PropertY: Front: Side: Comer Lot: Yes 0 No 0 Waterfront Lot: Yes 0 No 0 Rear: NATURE OF PETITION Provide 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 Variance Application rev. 12/23/04 Page 3 of 10 . \ _ louT: r<-"- \..l)'- /-V"T-V", ~rJL) t)' D -, F-o r- T~) , ~ 1-',,,,- ('..10\ So If \/r+t::IIW<.t:- d Pc f2. I", r Agenda Item No. 78 1\-'... Tdunet~f.12ilCl7. Page 16 of 35 rVoR -, \J~/LL\ t.. T\-h SE'T1~rkl<S /+tvl) ENCf2,ul-kl-tMGNl ~IS k,LL \~[ ei2-;-V")1-b 8.'1 TH-L /\--PI)r;UI)~);.:+n "2.e;(vi \..)0 ,>~r=- f;-L'i 0 Tfh ('>{ZI~ /-'1 IT rvv [VI 1'5'~ r2. Tl-t{ {;; (\J L ~o f'r-c.' H 1'i!;;iV r [VA 12-1 A1vL~J ,.<-~ t'.{ {. i.( II i ~....< \) i tJ L I~ IJ i R TV f2.A_ r I t\(.. L- rH s C A--& [ t1-J5' 0 [2. ( C I ....., ~t-\ I '1 \'3 ~' , L- \ ir- I S I f1 q {! ,2. ...;:-..1 '\ TZ.' IV 0 TL'_ l \'oJ 'I H-L. \ b \..1 R>;>. J F ,'2., S I Ih f'J ( r"J I,) N'l" \+t\ II f.., A--sS oc ! A-T' \ D ,-1 1''1. G t"\ 13 G"'-IZ 1+ fj-<; (U M. l) I it-{ !..)'; o ~ 'i. \i !.. fv t-! b-ND\! ....Ii.. \.} ['it> 'ff t0CC (-J (J Il. ()L./'tC~ '1 G"'tJ i () {:- J eA-Lot. Tf2.-Ij-f='k~l( lh'l::i N'~}i(Q. \.,q'l'fIJ I NT~R-t--{ C<R{IJ vJ iTl-i-- -Yt\f L[K AT! \J ,.J u ~ '\--i:'-L \:klc) ") 'L ::J L L' 1- 0 {:.- \H, ~ II P--'-"'f>-[J~ i' :5 I\- COP-/.J'i..I2... Lurl SfR4n:(.\((\IIl.-l (.JetF?;:i) ,J S I T(... A-:rriJ ,..1 r It [) Of) ~t\i i) u""- 4. Ci/L- I} j' - {f\,-{ At,; D 0c'i~ [...; Dr \ \'--\ 'D iN ('L [' \(", r D I\J f='L\ cT vJ\T1-\ TI-h.. A--PI~ t+12!~ \ -- (~Tl r-'L {v {,. I (, d 15C R \---kiD ,'.:) I -j (..J. H+=^ F" C 0 Q 12...< SID -( rJ IS . loViV1Y \ T c.;.) [; ,I L\) 1\--(\ P E A-{),.n.Hq. \' Tf-It: \'\121.. :,E/V T-/,---.\IPJ..Cl ,// 'IS '\)vi\fII,.,-11-N(2 -n-\-L O,/b~v)'5 F-C)i(" r~o ~f\/[;L i urlh'llk D~Jt,j AVD [Hi. ('1ALF?;.W;,:rr;:CL L~/t<A'cL., (~ L,.HI QL t?vT' ~J\-J~I t \;,Jl\hl \)nJi5ri 1\\I~J;\fI5AivC'L VI-- .i\<] ,,' ,/"<'1"15 LiL I) S Go TftQo UJh rrAf'"-n:->)I C ^(, .. I) \J A Vi.. S- 0 Y <,: !-\{2 I' M-' v II " , '')" I, I ,i L (:; ({ ,~\-:: '\ Hi" ,tt(, f. ~ t-K.lS /I.)A-TV A ' \.) (I) T ticl ;> Or- 1\ p' j;./ 5bP-J-tfV Cf_ '::t Qc- I::SLil L!) pj(, ~A, I II-+T r-I-( f-,-L U I-i P A-N 'jI /v) G " .., 'i ' i7"" _ " __ ' -(Mt? ~JA> 1{.A;,Jlft1bll" ! T" c-' /'va It (,J (0 'Jf<Ac TU'~ A-- I l tf /-; I , , I ...J," , ( L_ ~ , I ',' , __ ,F-.....-(~E-' I)U tvlfrf/1 EN! ? I::. Iv ~ " :, ,""I _( ~_',I .;J J I " v r-- ( Iv "f'- [NJi.Jci-t I f!-,..v - QpNI~-~ ~" 25' IS' h h d wh'" . aI Aoenda ItEl..'11 blo 76 to ; w en property owner pure ase property; en existing pnnc.p structure ~t"~II2'007 (include building pennit number (s) if possible); why encroachment is necessary; howflU;i(t~f 35 encroachment came to be; etc. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. LIWi:r1 C'fl{;<L ~~Ul~vD - ttURR\ctHJr. lJILt1A-- {}CTLy~Orir'9 ~~.,-p~, &..J/J54?..$.' !MnJt L.l)'Jhrl\J d' tl L/-./W lJLJbl1k] 11 ~. i.(S. Le- f\)UIJ 13 \01 O' E: IN 0 ~ tJ-J 7 I P I tJOv.jqO. C'c.?NST(GvC.:X~ 't5'1 (;J~ rnAIS~!c.Tl(),^/ \ IjWL'i.f.fl,- ~b~ :f1Jj[1 (1PITR.IlLT/01J N 6[(2.. - ~'L IN PL ~ N()v.I~'6.. UPDN TIt;< IIJ6 RC~lfJSiJC'i'. p'i'1( (O,JT1'<.A€-r \BuT ClJ/JTR6iC7 J~~~UIIl(D L~I\ ~O V/}-l2.\liiJC~, -'FROM WvuJi-f' j)v hr/(J11S fk.>r)M. FD )A--M E, ' Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria using additional pages if necessary.) I. Are there spedal conditions and circumstances existing which are peculiar to the location. size and characteristics of the land, structure, or building involved. 910 ( ALJ:j 81)<)M D n. \ <; AT C;;; rJ OM A- &A1<'<L:5 lXIkL-O (3,4 c.Nt( t1 T r--I-k.- f'LHH2,S ~ C.TloiJ rf L, v~M()fLC LtV r/.... /t-LH.U'J}wJ~ LJ 11l-j- /f-t"L- L {j-I< c ~ \,lIT I II Co T1 k ~ r e>r:' 0 FTl +L {,J-oLJ S [ . L,IIU?M l?fU IS MrtK 'i t-JD ~ ~ Grr; A-BVITI tJ b ~ L A--12.c. 2. Are there spedal 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. jJ 0 1JL tJ bHPrS-Di () U<... I Gc;: T A V td-12-- I ~ n -k- G rJ712Ae"TO P- D K "f1.-4....- (~ L D to, .f' Itt L (1) IV PE72h(~ Variance Application rev. 12123/04 Page4oflO r J..;~1t -, " , NOJt:-.- ;..~'-"~; ~ ~ ~t' '- Gv tJ'\" Agenda Item~. 78 " , " J 2- 1''''1.[1 ,~ ~" .. ,'-' '_' une 0" I '" '" l D'''- ! ,,, , I" I 'IJ-6--+--.rr;j--ifM'I1 ~ \ " 'Fi"~~' "1:: " . I..... (..-. I ~ "- I.... \,.-\1', \ M \ 1-::. h- ..', - .- \ \ ,r t-,J' "I:'" \ -'..... ~ l (7'kJ - ..... \~t- r- ~...... l ('"1(.", ,JVI~ Utlt:.:) !\.iD\' . -,-- , , '- ~ i'~ ''1 1'-'\ i~1't3"L\L: viST/O,.)}. - P <--I "1' lo- {- ~ UNj +-5 ft.t-J CCre:' (, f ~A-Q_ i I~,~, +Li (Ar~.c "", 1)_ ID F A-- l.ei I PI:. 1/01-\-0 St.-n='S:r2s \-~v/\.l l!+-,)J] AL'LH-;::: MC:::-/;!S \J IS"itt,<,'L \ r I " d L-' 'I iMu /t-1JDoz I) v::lv,~ l)f'!\J O~- Gr~ 4'1 Pr:a, p Oi!.l! () ,,j ~ i 3'-"'0UoM("f"I"'~"~' i:') (I rJUT \/!l1Er-.,IU :;,FP-IOi)')!.''1 l.)ISC0SS H- e 1:2 1\-4v ,) FA rl-h>tl 's. C L-/1vS E? IT 1\'1 A-<) 1-3, E leu {;}f"L ~tll~ (\1 E- 8ui \1' (y i4-y t2<i:LiP'"2. TH 1<; 13lJi.:;J\)[ N UI1J '\ T . L' '~I nil ,it' .~ ~.,.._ _ Yj",' /:,0" L,,~. .! '_~', T,n'''j J< fV1L y ie,\' 2. ! Z vi I} \ ,- l.,) \ V ;2 L__ \ L L-J '- - ,~ LJi\.1-E (:2'l.L\ l,r=- ~ I +L)L)L !J IiI RbJYiC.rpULL"j U'SCUS5EI i tv f+-- f={;;p. TH 1:21 C:H r H A-N fJ 'i..I~ ,+1, I) \5 T Hi :1 f\!" E: f-tN CJ f I'ti:' ~t6 iJ ti /(.1+1-;; LC. DA 11't i2 (c ,) tJ'r'L) c [~ V 1'1 tvl \ ~ > I 0 "'-' ( 12 :> \ ') \H- teL r\'c,'C /", ~d1f- p, f ~IO Ri ll. u t ~ I rJ to 'M-k IJ v 10 W " ~ ( FI tpfJ!'!!G~:1It.06~ ~s IC~ f- Nt?NT1K -t1:- ~~C;- '1!::f(ge190f35 ~ I J-,JfM cuJ T (3 '1 ~ ~ ()~> f3<{ I ^lC:. U N-F I Ji2L l(J UrJ:rvs.\L~ (k,\yJ(,- PlIt-J(.sblq). .- (01-./1, -Srfl p~~ 3, 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. 'f<'S,I '/ (,s " 1H / :4 -----1~ Vf\IDOl"JV'l0l1-'-( 6 R MDf:' Ff I ff-tR Is (!U't-v.s L '1 ( \ -L 1J1J5 v,X.,Q 4, 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. D I=- Co UR-S 'l. 5. 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. P07S1 BL, IH-1!-1 I ~ ~J 1:i::::1 1+ t j)j:J,..JJ I) -rfi-TH-{)2S ('I.-M~ L-. rl-}oULU ~'L DISCUSS,f () . IAJ Dl:.-vD Fo R 11+V.1"."\k ~LJTV(Lt:. vJ( L If" A-'f2---C (~{:' rl.}{, PtJt5 u c M U iH<- \'T1tF~ (^J1-J.rJ woULD II J..J.v Rr-2:' W f.lv ~Dv L Cl \\ \{.E.LP-? 6. 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. jf/i.e-1'_ d M$ <; II uJ TTL J ; D 'L f=- \ rJ I h L"1 N {} 'tN-- J tJ (y 171 r4-u57' IWh) I;JSI.l9 r..JuQ 1~(Dfl)VWI'1A1('L- j7) ~j '/ I C Pi) f2. ~ \tI...,; IJ-<.<:::.o r f i+T/ VtJ d fL iR-A-Ft=' I r ,..., N 191frr ON": 'rrJ 1 L A-t tJ y-- I ~ [6 -f L{ GJtf2 S IS J v+ tt (' I r /J( ,0 r - oScJ (' rJr- Ie QSkJRorc +lWoQlJ1Jir. I h\ln<N\l> l10 J'J PPOR-T. 7, 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. Variance Application rev. 12/23/04 Page 5 oflO . Alo I rJ () d- /J 0 - .J2J~S1CIJ-.f I~ ~t \ rrrft;Jl?;;ct2fJMI~- VI1 v~~~&1~ wI{ o AlL! P~/Jr(2..rcr. Page20of35 8. Will granting the variance be consistent with the growth management plan. -Mtl6.V~ /Jr!), /) (S 4=14-1 R. IJI.!{) Sv~r ::tn C, p A-rJ~ ~ ,/ A12-J A-A J C f . A-b/M dJ I Ic:JHtJ J\lf<; II N-u~l.~fJfl No (~111c" lbtJc. ~A;:r- {]frtur2..J tK' '1ou W MJj TO Br '-r--R..~. BE ADVISED THAT SECTION 10.0].05.B.] OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. VARIANCE PETITION (VA) APPLICATION SUBMmAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMmED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBmALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Comoleted Aoolication (download from website for current form) 15 Variance Application rev. 12123/04 Page 6 of 10 Location m Aerial Pho h taken within the revious 12 months Electronic copy of all documents and plans (CDROM or Diskette) Historical Surve or waiver re uest Environmentallmpacr Statement (EIS) and digital/electronic copy of EIS or exem tion' ustification ~ ~ I'f'-U-O, 15 .>' ,~,-,II . 111 [-Jo.lB Q ? 07 I P~1 of 35 15 v' I V- I V 2 I 5 V I V I ,/ V 3 FEES: o Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: o $2000,00 Residential o $5000,00 Non-Residential o $2000.00 Sign Variance o After-The-Fact Zoningfland Use Petitions 2x the nonnaJ petition fee o $760.00 Estimated Legal Advertising Fee - eepc Meeting o $363.00 Estimated Legal Advertising Fee - Bee Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $2500.00 EIS Review OTHER REQUIREMENTS: D D D Agent/Owner Signature Date p7 U}(b r (i) AFFIDAVIT Agenda Item No, 78 June 26, 2007 Page 22 of 35 . 1/1/1.>/ I .>f^" -~, l~ We/IX---LV VI ' q--- Y'll\ r-.r ' being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the sub;ect moHer of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary maHer attached to and mode 0 part of this application, are honest and true to the best of our knowledge 000 belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application ;s deemed complete, and all required information has been submitted. As properly owner We/I further authorize }~'f~; eO - ), C; ,(/v;;;1~ fo acf as our/my represenfofive in an matters reg ding H1;s Petition. ~ LJ p1--v<-/ Signature of Property Owner J Rv\tI~ L. au bald Typed or Printed Name of Owner ~lL.LIfH.J Ilu bow Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this fA day of f .-tlr PQ + ~ ,DI. ~ who ;s personally known to me or has produced . 20o!l by identification. as State of Florida County of Collier of florido) ,'\"'.~~'~"l, $~~Ii/" i,JAi','! ". ' '~.. -:, '....x"'.~, . <.' .., I i98Y ~." ~\)..\' =- JtAfy,"1[1t,'ir (,,-- l;:~:_~~J~',.: Mi (>~rr;rr'ls,~",', :~_ !~~~; of Flor7da t.-,F_ F' 'p'" C,;, """ "'r, ' ., JUI28,20v^Q ,r",,' 80" ',' r, '".{)4?3< ~ ~~:_"'!'I- ,"T ,31 ",,,,,...,,,,,,,,,~,,,.. . .:~ .'.~.S~1, (Print, Type, or Stomp Commissioned Name of Notary Public) Variance Application rev. 12123/04 Pag,8of'O Agenda Item No. 78 June 26, 2007 PaGe 23 of 35 Please complete the following AND FAX (239-659-5724) OR SUBMIT IN PERSON TO THE ADDRESSlNG SECTION. FORM MUST BE SlGNED BY ADDRESSlNG PERSONNEL PRlOR TO PRE-APPLlCATION MEETING. Not all items will apply to every proJect. Items in bold type are required. ADDRESSING CHECKLIST LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) <"'JfJ {j M A- Lft \i.'1..-- VrJ IT- l Lo r 2.." FOLIO {property ID} NUMBER(s} of above (attach fo, or associate with, legal description if more than one) anroo77,7 >'7110 1'-f'~1 STREET ADDRESS OR ADDRESSES (as applicable, if already assigned) '-'101 /U.H (;1\1, \J j'.l /(, tv' I\:'PLH .s;- '-- ~J II CJ' LOCATION MAP, showing exact location ot project/srte in relation to nearest public road right-ot.way (attach) COPY OF SURVEY (NEEDEO ONLY FOR UNPLATTED PROPERTIES) PROPOSED PROJECT NAME (ifapplicable) K-c p i iY--'< )C (4'i~ <':'1JC./...C)s...?I?{! v A.: \ '\ O/J'L PROPOSED STREET NAMES (if applicable) Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY), SDP orAR- Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (Plans & Plat Review) o SDPA (SDP Amendment) 0 PSP (Preliminary Subdivision Plat) o SDPI (SOP Insubstantial Change) 0 FP (Final Piat) o SIP (Site Improvement Plan) 0 LLA (Lot Une Adjustment) o SIPI (SIPllnsubstantial Change) 0 BL (Blasting Permit) o SNR (Street Name Change) 0 ROW (Right.of-Way Permit) o VegetationfExotic (Veg, Removal Permits) 0 EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) 0 TOR (Transfer of Development Rights) o Land Use Petition (Variance. Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc,) o Other - Describe: Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) Please Check One: D Checklist is to be Faxed Back -, L ~ 'b' , I Applicant Name / I R (I tJ 1.. L.) v (,I Vv' D Personally Picked Up Phone.lVf -<"5<. -SNHFax,FA->,C;-;t{'1B Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section, FOR STAFF USE ONL Y Primary Number Address Number Address Number Address Number 76>lfiO . Approved by Variance Application rev. 12123/04 Page 10 of 10 Date Agenda Item No. 7B June 26. 2007 Page 24 of 35 ~:_,~~;'');~,,,,,,, .--- -~ ~it-. 1~.5D:=~==S't...... WARRANTY DEED Recard11J.g':-, _ Doc S~,J~lJ.SI> d TIIIS 1WIIlAIIn -DDD Made the ~ 'f'f day of V Hay A. D . Maple. Venture. Limited Pa~tner.hlP. A Horta Carolina Partne~hip, qualified to do business in the State of Uloi"lda:, by Palisades Properties, Inc.. A Delaware Oorporation, Its General Partner .". Q ~ e co r- l3 :J ~ '" II '" >- l- eD :z: r-. ::> '" .., 0:> '" '" \.d ;;; -' 0 c u V1 ,J ~._ I...J~ ......, ~ ,~. -~ ;i~ .- -=: ,~ ;::: -';;> - ;:: .~ '" .;.!;: . 1_ ~ i:jl l' ,-;< y~:!<.._w JM1,,-:",'. Agenda Item No. 78 June 26. 2007 Page 25 of 35 00 ::00 1990 ft; LlmlttGi CJ'" 0'" ::.:; '" hereinaf~~called the grantor, to IrvJ.... L._.... Lillian Dubow. JOIIIT TEHAllcr whosepo8:tofflce aQQrees is 722.0 Yon AVENUE Sotml 132Sy EDINA. KIKNESOTA 55435 herein called the grantee, whose ~oclal Security Number is (wherner used herein the terms "grantor" and "grantee" include' all the parties to this instruaent and the heirs. legal representatives and assigns of individuals, and the successors- and assigns of corporations) => ...,,0 )> C') ..., m = WXTMESSZ%B: That the grantor. for and in consideration of the sue of $10.00 and other valuable considerations. receipt whereof 1s hereby acknowledged. conveys and confirms unto the grantee. all that certain land situate in COLLIER. County, Florida, vi:: Being all of Lot 26 , SONOMA LAKE, Unit One. according to the plat tbereof recordBd in Plat BOOK 16, Pages 13 and 14, of tbe Pabl!c Record~r County, Florida. FOLIO II 7373500~~~" TOGBTRIR Wi;~~()~tenements, he~~"ents and appurtances thereto bel~1~;-1~ anywise apper~1ni~. TO HAVE IdID;TO f..L . ~.~e S1\ la\forever. AIm 'the grJnto Nfl"" /iQ ahf'IIf" t ,gtantee that the grantor-i,18 U~ly,.e~z~ ~f i& ~ ~f..:e simple. that the granter h ,.9,0 ~d i,r1W\t \a~ fl,w 1 atl,thDri ,rL... ~o sell and convey said land: fha :~q~ by ~ rants the title to said land...,.., ill defend the s e 891ain ~e lawful clailllS of all persons \~o.uoever; and that' i~ lcn4..Jj.s free of all encumbranees\~ept taxes accru ~u~ent to December 31, 1988. res~lJens. easements ~~~~rvatlons of record. ',.- . \' r; / ,,:\- / " ':.::;t~"',':'IITHBSS ~,I.'t~. aid tr)"l1J1S signed and sealed these ,~~\:~~~t~the day ~~~ie'"'''rltt.n. ..- "~;_/~,4:mtu'"" :_~"-,.: ~~ Naples Ventures Limited "t'J:" ';:.~ ~:. :; :0"'.. ) Partnership, A North Carolina : :;_"~~U~~Jl1n_ Limited Partnership "~">.<:."~./! '"\~creta Or: r: \ fCorporate Seal) By: Palisades Properties. Delaware Corporatien. Its ~ 5 Partner j ", '..... By/ diti4( / rarh William v. Roberta . ti.. d.""- President wed $ 32.4. !;O nocumentary Stamp Ta'll Rece. Class "e" Inl:anel~le ReCeived $ t.J/ ir Personal Property T:n COLLIER COUNTY CLERK OF COURTS BY (JP.liJ,. _","'.ItA.. .J,~'~ ...L.;. Inc., A General o.C J 001529 OR BOOK Aoenda Item No. 78 "','s"",;~."~,,, 26, 2007 Page 26 of 35 [1 001302 PAGE STATBOP HORTH CAROLINA COUNTY OF MECKLENBURG I HBREBY CERTIFY that on this day. ,before me. an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments. personally appeared WILLIAMV. ROBERTS, AND PATRICIA J. FERGUSON PRESIDENT AND SECRETARY OP PALISADESPROPERTIBS' INC., a Delaware Corporation. GeD~~,l Partner of Naples Ventures Limited Partnership, a/~lina Limited Partnership, respectively of the corporation naMed as grantor in the foregoing deed. and that they severally acknowledged executing thes8me in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto i8 the true corporate seal of said corporation. .....-.:..WITNESS my 'hand and ofUcial aealin the County and State ,.,..;~"la~~_",~foresaid this" 10th da~::6u...: .Hay If A.D, 1~90. i.-'~ \,.::\1.ti..", "D :,.:": ('..:=:.........-.,~:\:'.\_ ,,, 'f . 'A4fl.d../ l.:.~~.., OTAR'":.:':\''S;. Notary Public " .~ '.l\~ ',~.' \ eo' ~/ My Commi..ion Exp1rest"""9/16/92 ~ ".t ,c,'o~CSBJl,Lf. . ":~V)UD\..\C.':"iI ~":";~~~::~."'t:;~~~;;l . """;lihla.~~,"fnetrUlZle 1lJID'l<"~".o ,~~~~ "'~11,[.,1t< COu,!.t1l c.G\\.\..s.(.~ """ \) A /Z.~o.JIt2~() LISl d !\en I<..j C J- /.-- ~9 {ilt i . ( O'i-P-.N'81C\) \ , t:<J.A '5 l{\ f'tl-V r4-bfN ()(~ 1< 5''1' 11 I~--M JH)EN DIe.. j,J P---Jt -rLJJ i M.i-- T ~) \5(, Ll {i Q. Md/2.<L LN. lbN~11 T >~ \ & M-1Vv ~\) 7-11 V (L CV 12.-~O I -r: \"\ L L \ I;r~(L\'" U (lL lrJ j)M I, U" l SOl I 0 fYl \'1i~1J0fJ \l e I $H', DR. M,;; 5~ 1I L, .;~i2H' (). Z 1,0 fa 1I<i 5, "', )) '" \j 5'1 I ~ L, ,vie 1'1' ~c Lit! ~{:\?, i< Ih J L I Vi kMVilL LN ' I<ItfIDI S, r~" It II/Lf [,1/, (V'\v(<L LAJ , L ~ {!.- TH [I< (oJl f1 N (J h c,-qv q lUll {J1J'iN Df~ (. /ilc DoNi\-L1) R J (cl 5--<1 ~ q M-I~ M)[ rJ M " t'1cflJ1I1~ G,. 1-1 S-'lD." L'';~/'i1JR~L;J , 1'\ J R1'W ~, ), i:' I <;;1 L, tI~ Ie Mi 1<,- Lj\/ '( fJ0.;" ", 11 I ~ 1 J IV,(/. n ituJ.{t1 ' Nli11 .I~ ( + d- IJ 'I ^ I} / v I- (J. {j 0 L- t Vt R. 1'1 die <( ~N I) lJN\ L W S I~' , (< S-9oJ ,4tJ'1 t!-D.,IJ ~ 1<-. " r(<l Mf il, , R 5~ a b 4LN ~fl 'ii! 0 (( , P-1tL \ :W'JIf W (;;,fJ MILt j',!.Js - 4u'1 MI f iJ D Q " R(lfZO, \{ ci. ~ 14 ~ L, {'iR i'11,(l{ Ld ' J<g IS .<< J '3 I ) u L I v'iR 11 0 (2 '- L;j if p~ ( f\--( e i M ,.. ' . \) tf (;, jlAJ , ~. qr\J I "/,"III*~S (W D ' I', '" '" ~ l-MC<S f!&oc t., ~ i<. p,J>i'~ " ( P/>Pii Me'" f1\fT) \ 0Ij/" \ !?J" IT B &4<# Q.b. - f,.~1 T" S'f~1 U '- :+1.-- s4-\~.s.- t/..;, - l51- 0"7 Agenda Item No. 78 June 26, 2007 Page 27 of 35 tJ M6 L (Ly" N f0~U 5 +L- t' " v <1 I, II r BRutISG,I;lPUIIS 239~€.3231 '5 P.u::o' . ~PR_17_2096 93:24 PM , j{ ...:._h...... "~1:~""___ SKETCH OF SURVEY ~ J N '-@-E , I " , I / I I 1 " :.-~--- ~'(! "- ~", ~ "-.... .......". / - ----~ "1 W TRACT U / I I " et" / // LEQEND '. ~ ./ I , ~.. '..K r.F."... ff'.." ," Q~~ i'..:p FL~ (~i (e; \J.e 3 ;~~~ ;~~ ~:<II<t~T 6 'ou"" ~/". 1Il0r; ~"" '(lo.''''' ~_OI ~"'-~ ~"'. ""0 1M" "LHeOo.:. "~~(~ PER...~l><' ::u>lUlC\.. POII<T PROIts3lOHAlL.oNDSUR'of'TOIl ....~O ,,,1 'r~.'y ~~~"U1 'If'~1'lM'[ I',~~t..[m ;:r,cr ,au.,[ [~~~"f~- "'.....l'E""NCl' fA~""<"" 1>.,,,,,- "':~f ~!~PCTIJ>.L [.~I<f'" "C,,_HJl"~ ~~~n:"'_if<[ '" ow:~~"'" 'll"'OJ"n....' IU.CIc ~OC"'" EXI~nNG tu:~~lION ro(;, <II' ~~\I!'IoIfro." "RC:)Ntl1Tl~ r."l~v'~l(C / 7-::: 1:1' ...~ 5? ~~ I.:.>CCtI/"lro) ~~ ~:C'- "'" - I?, (/ '-... ~"'" ! I l '-... .'/0 "lA' ,~,f ~ /" D f '"v(': / rc .... V 11::~I'.s ~ ! l_oJ__ .-k-f ~/..2 '01' i) .:;>f ~/~C'C-r IK'~. !J i':f /'."'~I ." ,'(I Jt51 ., ." __-(' I (I Cl-f<'>i> I .'//'1 " 0'0, ""Ie / /;/1 " .......'" / ';;'4j~"",/,,4;tV")(- 1;1// / ""' .' ""~ '~j-<t-t( )~ ~~/ 1/ l"-. {.."';')-~.'......J '/ / /?-00" ,,~~// , /"~/'" ,~",-. 1/ /6 ~""&" " ~, ' ~ I,.:> <"," ""~, / i"" ( " ",,'b: .. L, ,i'~-:'''<~- JC~68. '-...;~ ~':--...... ,;..~/C'-....,:~- "".J .... c~~ Af(A'>v.~,-:OG. CI,-..1 '''''o"~''':t:ofa:..... 'I".:., , i'/~ ~.....' "..{-" S. """';'~ a::....... 1'.:"+/;0:-.,.,; ().....~ ~;..~.. ~G" 2..>. ..;;" ,..- .6^',r:>.",-f;i o,J':', '" "-., 'rE C,(,~. " ~,~ ~.t ~R / / ; ~i":' .~ u~c "~ (J~ {Ot- (<?-,,0.......?';> 7<:".::>-, / ~ '. c / '~ .......,. " / " "-i--.".., (<,J Jf ~/fI fife ~~ ~} " c ; ,"-' ."'-..., I I I " I '.:::1.'/ ,. ~":>-t"~ .~ iU"'~ ~lEll......m: " /0 . ~ OAVIOS.llRUNS.PlS 'LctRl1fIC"'ltNO.4620 p ~.t"4' MAJ....fll<'J~.Rn DESCR/P!1JJ1i.; ~ ): -'\! 3'JI\Ot.<A "M:E "'",; 1 A S~!lC:\'ISI:iN ~i~~flf';N~ ;~ ~1r c~l;iI1~t~\itc~1fs~&~~dtttl/~o~~~, l'~OAI{jA O~7fi Of SUlh'I:Y, IolNlCh JC. ~OOl; NOT VAllO \IlTl-lOl.H THE '>iGN"ruR( ~ T"IE ORIIl"~~ IUJ!lUl SEAl Of ~ f\.OIlID~ llctNSUl SUR'lEYOA ~D M.oJ"Prlt. '.; fifMn!'~S ~"'CWl' HCRfON lltnlf 'c, :"'f.: ::vI11':l<ut<~ Of ...u.MDt" <>R'Y!: Ai; OlE:t.C $. =-!r~a'2" E ,~ IRVINE DUBOW SPECIAL PURPOSE 1 \ rHI$ "flO~~R.Y :5 S'JIl.E(,; It' E^SD..(~TS, R~SEP.VA'101'<S OR <':fSII/IClL'iS '-''' RE'~OR:; ~! Ol..!:!"..:;; o..,~ SHOwN ~Cf!(Cl'~ M~ :~ F~~- .....0 JEI.:Il.iAl';. 'l-IL'R(Of "''''\'.=- - J,~. ""',.~.. O.s.B ~., "I'" ~'{I)P~",l~ 'S iN ~N A~EA (:f 1<0 :>f'E~~~ cLOOO HAllO./lO ~'J "",P'lovt"E,rs CW,!~ l~~~ 'HOst S!-:O..... f-l.....'t "0' !lEE'" lOC,ll;TrD ..;) LEG"_ JES~r;:-."T',Ot; 'EL'I'~dOJ 9" ClIL'" ll_&!B_.:J'nJ;:-. 'W";;f~d::t.-..i.~~ f()P~'SiL ",,-Jf_ JI.,.s..,....... ,~.u (U~ U/. ~ HfI~ APR 17,2006 16:44 2392632315 Agenda Item No. 7B June 26, 2007 Page 28 of 35 '" 'Vl,O Page 2 . .. f \. o:::.;..f?'" c"",:n~""\ CeM~~"WI. Se.-...~~ e .~.1> o. 10$ 55 -+0 lo~ \"'~ -tI...~ ""'"'(f,1i '-"'I - ~ G>-v\ \ a-.lt ~ r\?e( --.Jv.!J~vC. +v-tL-OL "-9VIo!..~ . l ~-k-t L-i iI- ~ 'B ~ ke. \ 1 er.... e z.,A;..~q~'f, -\-0 J-\'V~-r ~ \ \"IS.~ \ o-\- \I\e..\ q, .....~ - \~ iAe.e.clt r..:> ~ \cdt..u 0~. \.1\7.?fV ~...:r 7~ ~_.~ . ...:...--r \.~ - ~ l'''''~ -f;\d 2. - -:r; \\ ,3,- <"AJ\ roof 0\;.,.\<:;;\ $Jv.AG2. :-:;::;>",,",'-::>e..4 \ \ ~ ~ \J 0...'(', 00.;...AeJ? ----------.. .s- '\, J:i,. k.-.I ""N .~ .., " .~.\ O"'..M..~. ...'--"'-'~-_....... / '1'- , .c ;J"Ll . Agenda Item No. 78 June 26, 2007 Page 29 of 35 p <'8 \- \ vl.SJ~c.e... c. ~e..c....(. ...Pf.' ;-_"':'''~_\''_' 63:2"4 P!1 . , H"'~utj',.,:; I';putj' ~:",... ~,:., ;,:,;::>; 1 ":"'. f". U. ,Ji- j N -@' s I ....--..--'-- -- /<i' .0 LJ:aEND [SKETCH OF SURVEY l CE' -', 110' " TRACT L~ -'.,' ,h,.' y. :~~~ ;~~~~ ~",,"~r 11. "~,,.~ ,/~. ".~ "ro ,,>.~~""""CfI:"A,...~..' ~""'.. ~....., ~:;o.. ~..:;:~ ~,~..~..,.... ,"-~""" .GO" ~.;.(;j'U"""'", ,....., "'.."",,,. ......w.;p{':< , . r " d' '" "l-{l1f I '" ... /", - Lt'-- -( '-'0 ~ --p~i'^ c ~ / ~ LOT2fi lJ) 'If' ~ ,",0"") l \-- f,", -- ~_~-_~-~~ d/ ",~:: '~~::'!/~! ~ ,,~. _~? .. :r~: I'C; /L;.':l!~ k :~ .- '''''-f '" &~'Y" "~/ i// .f' // '----., ..( ) ) / ,fI /:~>.} ,/;" ".;;.;,).., II ~';:_/<.i(i<:;~::!,>/ !-:.._,/ i,1 j-. ,,".'1^>~".')~,>_.. . I 7;::-...; . '--{" '-^-.: ". -" . ,>-.. ., '<>,,",;.. / ''7",',>-:--~ '... ,,~- i'c:'~.". / ,l,_,~,,,..._ '~, /,/ '/~, -'.-___--::.\i , , . '.~. -r f^>J""'~1 "",,~,"" ............' "e"," c'^""( u..~.....,,- ~...,"'~......cr 1.~..,c" '''-J,,' ""~, ~.....r~"". t^~"'""F ",;,:; ~.:~,...:."', '(",u,-_",I ~..)...~Cl'" '(" '" ~-"I' ~.~, ,.~. c.- ,.~,.,r..n (>.1",."..... .,-.or ,'~' ",,,,>01:,- .pc_.....'""'" .i'.',,,.<.'I".1: .,'- ~ Ii ~.,(Or '--',r,. ..?,> ''''"-:.-, .0.; / .-.'(A>;" c ""'._~"",:-~.- "':j . ";,;~~ ~'17~~ J~, , S ~/,--t !f' .~, .of.;" tf ,(~; {<(,/e;,.' ~f'~ v/ )-0' .~ ~~B2Jm~=1 -'<"-___._,-'!:'_. ---'-_-<-'~____. ."J.._..t.ilJUl:... ii'Al,_J:RqJ'.nill'.j)u.~I1fl!f.. , <1 .crllIu.tr,Jt..ILI: ,:,t LL./....,....- vt::>-- ----,-. --- ,,','/l[<!'!, RIIurrz, ~l.:; "L tn,'l1nc",:n: "C'. ~'-~.u . ., <OIl;u~ ;,.:r (~ w,",,,,._". ..AAC'" !-~ .(;6S 'jcr w.u,' wrlH~'lJl 'f1.!!: :,,-,~..niR[ ..,w r...:. rJOl'!lJI""" f<~''>!,J ">I,^'- 0'- , il!;..;.,r," uC[.cj<;U> OM~"'''''''''' Mi) ..I\F'NJ~ JYP;U.i, Rt'AI"~";~ ......."'" >-f"fVh ~rJ"~" ,~. '-11. ~,fN",.~.:t,,_ \,t M.u'~n '.'~'Vc. '''~ a.::,,,~ '~ ,.WMn"- ~~ It. - ~ __J IRVINE DUBOW SPECIAL PURPOSE ",-,.::,.,.:,,-~,~ S'-iB,[-;- K U.~'-'''(Hl'" f'c_9"J"",'"y.$ ,;~ "r'~ r~!.:; [,"',. ,',f' ,,~: 'J.~:' ~L"''-'.'''(>;'' iH(."'" ~~.~r, ". M'~. " 'It." ,.,,~ J~;:;""A_~ '",,"'.t:Lf .' ..-~f"'- ""', ,t"""e.F!:J (\.'i..~' ~;-.,'"':<i" ~ ;" '" ~.~l~.~: "c. '}'fL'A, '.-'_.')00 ,,~~~c "..~.,-, ;",\).li,.J '. ~ ',HY I..." '''ii''\: ;;1-,:;""" hhe ~l).' ",_._1' ~<lc"n.l-.' $~& .;i1""'-"'1.... :1"",_. ~;/~.t.l-<-"~ /lHI-66.~~"_ ,!(.,.;-~ '''01(.'''1 HI" ~iiH "~.~ ''':.''''.0' Agenda Item No. 76 June 26, 2007 Page 30 of 35 ~, \ , I. I ) ,/ CJr--l{) f____ 8:: ON 0 20"- '-('..1(") ~\1)(]) --'" -:ro m~o.. ,,-' iii '" <J: , ~ ! t ~ " , ::: ~; -,- ,; ~ , -~"'""" ~., ! , E '- ~: "'~'" . ,; ,; >-z 00 w- 'li' , 00 ~aa ~9 i, . ~'" "Ei ,; -~- i ., i! . - II l ~ jP I fl, i ~ ~ ! , i " E. ~~; Sl i~ , I! , I. I. 4t ," . ,! . a.. <( :?i CD z Z o N 0 0 '" ~ - 0: <: , .... 0 n::JSW-.LOH / ~ <: - > .. z I 0 , f- i, f- ~ " ~~ , W I' , a. , ! ! a.. i~ I " ~ l <( ~ . Ii I :?i ~ I z ., ~a~ ! 0 S i -'ii I l - ~ ~ I I- -~~ <( , () i, 0 !l ~ i'" .....J ,; -- II I! ~ I! ! I! ~ :' ~ ill 'i" ! , Ill~ . . i -- OJ r-- L.0 ...l.-,:OM 0_ "0 ,...;.C'J ;::NC") - Q) 2~0) --ro ro:Jo.. ,,' ill Q> <( A~enda Item No. 73 - June 26, 2007 Page 33 of 35 RESOLUTION 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUl'iTY. FLORIDA, RELATING TO PETITION NUMBER Y A-2007-AR-1l300, FOR A FIVE- FOOT VARIANCE FROM THE REQUIRED 15-FOOT FRONT YARD SETBACK FOR A CORNER LOT LOCATED WITHIN THE VINEYARDS PLANNED UNIT DEVELOPMENT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a five-foot variance from the required 15-foot front yard setback for a corner lot located in the Vineyards Planned Unit Development as shown on the attached plot plan, Exhibit A, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled. and the Board having considered all matters presented. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORtDA, that Petition V A-2004-AR.I1300 filed hy Irvine Dubow with respect to the property located at 5901 Almaden Drive, Naples, Florida, further hereinafter described as: Lot 26, Sonoma Lake Unit 1, a subdivision as recorded in Plat Book 16, Pages 13- 14 of the public records ofCo!lier County, Florida. Folio No. 73755001459 be and the same hereby is approved for a five-foot variance from the required IS-foot fl'ont yard setback for a corner lot in the Vineyards Planned Linit Development as shown on the attached plot plan attached as Exhibit A, subject to the following conditions: 1. The five-foot variance granted is limited to the front yard encroachment for the proposed screen enclosure along the eastern property boundary, as depicted in the applicant's submitted survey sketch dated March 30, 2006, included as Exhibit A; and 2. No vertical construction shall be pennitted in the 1 O-foot drainage easement; and Page] of2 Agenda Item No. 78 June 26, 2007 Page 34 of 35 3. If the residential dwelling structure is destroyed for any reason, to an extent equal to or 1"rreater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2007-AR-11300 be recorded in the minutes ofthis Board. This Resolution adopted after motion, second and majority vote, ~this day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORtDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney G:\Currenl\MossWariancesDubow'4-23-07 Resolution - Debow Variance,doc Page 20f 2 ",,-~........ '::,..) ~"'-.. .t;4"-.... ., - V A,2007-AR-11300 Agenda Item No. 7B PROJECT: 2007020014 '--- DATE:2122/07 Or'SURVEYI CAROLINA VALERA ---~- l '0/' I (SKETCH ...... I I / / /" / c r '- -.--- / / / ~-'-'- " to' , "'. " fO"- #l0' ...., TRAcn4 ...... "....~......". ..... 'h. ..... U;QEND f.<OJJ 0 Fr.A. .;) r.~~.1 "- ,1>:(.\1 .. '" ~, ,~.c,p '" :~l ,.. "' l<.t.L ~-{. O..~.l " , <ON m. ,r W "'/l; ,~ IO"~'=' WtIClltl~ "'UII~VJ~l r~~/.'lll~1lOU 1\llJ~!'Vl!'I~"l>> F/),;!f!I r......'1ll ......l)l;Ji.ll, /tUO~r"" ~~...I MOll I'.l~~ PIIllV'i!l<1 00i1l1Wi.. J'Q~f ~nQl1:II'"~Qr<AI. <NO\" Jll1IvP'ffl 1o\LIlJiUl{:lo ." ".:u,1I, r.~20lt~1 ftP.......GF r~~I""JI! ~I)U ClIo..lIn f~~!~I'.' "Mn~".lI;('l' ('~"rN' OJ..... ""'" P~R.tTI!>.l, t'Vl'fNl ~""-""'OI', :f~l1f~i Ill' lt (,U~"'" J/lO' tJfF """~ ",.e. /I<' ~L!1I8 r~!:b~~ ~t.r'w,,1\(lt1 (llGI or ~A..u.I!'r.. .>fIC.:I.l;Il'lN, (,,I((tl,,,,",O .............. .""<0,..... ..~"" ? q-~ .............." ...... ", ~ I / !ltl 1~.0 10/,,; lJi ~l S//; I r I / I ':V.<:.o t '1:(1 '" c' "":',t.q -Li'!-:-?--c_- O;,Y\O jj.D!f1l~r5-- n (."~'t\flC'\'lt NO. ~o:za .... ",' j'.:;; Ice:. 9(:1' !'.::> .:'>" ., < .....L ~'i) J'~-, '" ..>?-t- .<~.. .~. ~':;s.'<"?'- (~ "'~4 ~.,;>v, % c..? 4.:i';;::; rco J' 1='..., ""'v'~ I&;.'- so:>C"+..... .()~)-..... '''If>,.-; '''<9< "Q.-.." :I'/J..-/i:<"" ~J..-G' <:'>.;.. "';;',1 ..... ~ r-~;; J;.J-J' ..-......... ~ .... ---(;~;I .. Ul".~~fl~::l ~n1il~E~-:::jlUlW:t=1~~1E:3 '-rJil'Lt'lIiILJ:J),; It.f.1..ceHftCJUUUUGIJll'l'1()N. f:1.(1r~...' ,1)1 2~ ~((,O.,'" lMtE IJ~H I, ... Sli8C.\1"';;!l '1CC~l!lll''!-lc: JI;I mE I'L~' lHC'lfOf.L Iltr.WJl'C 111 ~~^T flOOK " P~Gt ) ok I~ OF 71-t(: Pllel.lC R!<:MOS <If l:OlUO'( COLJrclY, f(ORlVIl (I.. a: Of Slj/...-rr, .....nCu J~, ~OOD NOT YIlUO VATfICli,F! mf. !'lr<:/l~/tlrn: "HIJ TI<~ J)RI()jfj~l ~""$~ll $l;M 01' A, fl O~I[I.'. lIeftlaW Sl/lh'<:YM oVI(} h1,o,Wrn. 1.:,lIrJJl'~Cs ~I01'<l' ..rRCflN llcrCIi to t,,~ r,iN1Ulllf<r OF .l1l.l~O(11 (lnl~l A;; lliff<~ ;;. ~e,'~1I'2-r r. I.) nUl> ,'ilCf'(r.h IS \llJlJ.,f.('T 10 EM~I,I(NTS. Rr~flVATlCX'll'OR otC~lRK:Tl()'l;: <'If' ""()I'll} - IRVINE DUBOW SPECIAL PURPOSE J) Ol\!CINOo'li SHOV~ '.I!~(O'; AAE IN ~~~I "'IlO o::l:II.I'-;s '1irM:or l.)ltilSi>/lQP(f\I-lISIIlAIlM(,,<:rHOSi>EClAlfLOOOIlA{.ll1Q. L~'l 'I-IPll"Q\'(.ttWS Ollnl/ flMH TIl()~ SlIClI'l 11~v.: >0101 I)EU lOC"'UI Q) ~l'n..l OI:KIt'r>r.ol. 'iUI'f'cIEll 91 C1JLhf ._----_._-~~_....,~....~-_.~------- .~.._--- ..,- ~ 2(1 arp;-o -'" J8. 1"0""':1". ,~"".L]'1A. &: .1f".W'6, $.,,,,,, ~~:I_'1...,.d:.t,.....:S'L._" ,01' ~... .k__ K..... ,r'~~/o. JJfI(}J(IP '1-~II"d --- lOT? . June 26. 2007 Page 35 of 35 Agenda Item No. 8A June 26. 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. OBJECTIVE: To comply with Florida Statutes 125.379. CONSIDERATIONS: In 2006, the Florida Legislature enacted Florida Statutes 125.379, wherein each county is tasked to prepare an inventory list, by July 1,2007 and every three years thereafter, of all real property within its jurisdiction to which the county holds fee simple title that may be declared appropriate for use or sale for the benefit of affordable housing. The Board of County Commissioners must review the inventory list at a public hearing and revise it as they choose. Following the public hearing, the governing body must adopt a resolution that includes an inventory list of such property. The statute provides possible options for appropriate usage of this property to benefit affordable housing. The property may be offered for sale and the proceeds, above any amounts reimbursed to County funds, may be used to: ]. Purchase land for the development of affordable housing. 2. Increase the Affordable-Workforce Housing Trust Fund earmarked for affordable housing. 3. Sell with the restriction that requires the purchaser to develop affordable housing. 4. Donate to a nonprofit housing organization for construction of permanent affordable housing. According to F.S. 125.38, all County departments and Constitutional offices have been notified of the surplus properties and no county purpose has been identified for the attached inventory. The Board of County Commissioners may fix a price that is nominal or the actual value of the property and set such price in a resolution. No advertisement is required. The Board of County Commissioners also has the option to dispose of said inventory and return the monies to the General Fund after appropriate department funds are reimbursed, or to maintain the attached inventory as County assets. FISCAL IMPACT: The recommendation to sell the surplus land will reimburse all the County funds and therefore, have no negative fiscal impact on the County. -... GROWTH MANAGEMENT IMPACT: Any affordable housing developments that may be developed from the proceeds of the sale of this property will follow all the typical planning and development processes. Agenda Item No. SA June 26, 2007 Page 2 of6 LEGAL CONSIDERATIONS: "Fla, Stat 9125379 requires that the County prepare, and this Board review, an inventory list of all property within Collier County owned by Collier County that is appropriate for affordable housing. The list is to be updated every three years, The Board is free to revise the inventory list, and eliminate any parcels it does not wish designated for use as affordable housing, For those parcels which are on the inventory list, the Board can elect the manner in which such parcels will be utilized for affordable housing, As the statute provides, the Board may (1) sell the parcel and use the proceeds to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing; (2) sell the parcel with a restriction that requires the development of the property as permanent affordable housing; (3) donate the parcel to a nonprofit housing organization for the construction of permanent affordable housing; or (4) otherwise make the property available for use for the production and preservation of permanent affordable housing. The attached Resolution, which is required by the statute, was prepared by the Office of the County Attorney, and is legally sufficient for Board action. -JAK" STAFF RECOMMENDATION: That the Board of County Commissioners reviews and accepts the attached inventory list as surplus property in accordance with F,S, 125.379, and authorizes the Chairman to sign the resolution and offer the property for sale so that proceeds may bc deposited into the Affordable Workforce Housing Trust Fund and used for the development of affordable housing, PREPARED BY: Marcy Krumbine, Director of Housing and Human Services ,..,,",.' Agenda Item I~o. SA June 26. 2007 Page 3 of 6 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MADE IN FURTHERANCE OF FLA. STAT. 9125.379, AND PERTAINING TO AN INVENTORY LIST OF ALL REAL PROPERTY WITHIN COLLIER COUNTY OWNED BY COLLIER COUNTY, THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Fla. Stat. 9125.379 provides as follows: "(1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such real property and specifY whether the property is vacant or improved. The governing body of the county must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such property following the public hearing. (2) The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund eannarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. Alternatively, the county may otherwise make the property available for use for the production and preservation of permanent affordable housing. For purposes of this section, the term "affordable" has the same meaning as in s. 420.0004(3);" and WHEREAS, an inventory list of all real property within Collier County to which the county holds fee simple title that is appropriate for use as affordable housing has been duly prepared; and WHEREAS, this inventory tist includes the address and legal description of each such real property and specifies whether the property is vacant or improved; and WHEREAS, The Board of County Commissioners has reviewed the inventory list at a duly noticed public hearing and has considered appropriate revisions to such list. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in keeping with the requirements of Fla. Stat. 9125.379, attached to this Resolution is an inventory list of all properties now owned by the County identified as appropriate for use as affordable housing, which property may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund eannarked for affordable housing, or which may be sold with a restriction that requires the development of the property as permanent affordable housing, or which may be donated to a nonprofit housing organization for the construction of pennanent affordable housing, or alternatively, which the County may make available for use for the production and preservation of permanent affordable housing. BE IT FURTHER RESOLVED that this Resolution he recorded by the Cterk of Courts Aaenda Item [\lo. SA - June 26. 2007 Page 4 'Jf 6 in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as to fonn and gal cie c JeffTe A. KIatz Mana ing Assis r <to-CD };/;L.O- 00 ~U") ",<1) EN O"l Q.JCllrtl :::=cD... ro:J ,,-' iii OJ <t >- w" ~,o , , ~ g ;ii;::~Q ~ ~ w ffi "mW " w> z m =6,~_ w ~ " z .. .~ ~ i2 . 0 c, c> ~~~ ~ 'M .. .w' U . > i.~] 1"0 0_" :Jl " ,)02 ~ &~ ~b:€ , c" Qo:[5 ., .O~ m :;;'x ~ ~ 8: g ~:gu l?'~~i w , , " ,0- ~;=8 mgj~ :::l'~ &~ w o c.'*" z z m ~~g c >< ~~ N ~ %~~ , , ' EalO z . > ~ ~~ Cll:::'~ m<o w or co' oi'5 ~ " & . ." 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" w m ~o w "' " ~ ~~ " w 0 U :J ~ " < '" m U < 0 >- z "' .0: '" < Z zs:w < ~ ; W ~ " Q(J)0 ~ ~ $ ~ 'zZ ~ ::l crl~~ " w " " "' ", Q. 0 c Z w z " ~ 0 , " 0 , < 0 " " ow ~~~ ~~ w c f~ "z> < " l ~i:ii: Z <0 0 ~"' ftJ~15 ~~ 0 uo < ~ 0 z , " 0 ~ . w u . ~ w u - " " . < W , . " < " Item Number: ItemSummilry; Page I or I "',CJ' nj,.i liem r",:, '1/; JUi'ieJti.:-:rJ07 h':"ji'i'r/C COLLIER COUNTY 8()Af:r, OF COUNTY COMMISSIOlliERS -"'"sl:'-;rY'.!""i)'- ,~nn II'lUec. '''''','U; riir,p.I'r~~ kp'c;~,'nln".1-jmi(:'n m,ll "'~ 'r--j of "';J.J'1:" ,':"""T,'~C,:(' '")1:: rev,. ,,' iF >,--Ch a',':: -J":'lU':~S tne C'l8llrn;j'--, t:.; SI)'l " (;I~' 'x'. (]~~" '''., nt' Ci'tJ=rv.--c 1'1 'Sf '[)',. 11'0'" ':;~U";)' i.l':;"t-::J 'e;jl r:'op""\y ~,s S'J';Jld~ law.! . IG' G:, ~.:ldL,:c 'c (:,e S:.Jir.: ,'In'l t,,~ o,.y;.er-r:,; 'J"d' t[j,jp\'elop Meeting Date: i.r,1 :J"r-r;I:<~" 'lJ.;~' Prepared B) D3W ~~3r{j' Krumbin~ hJbll~ Services r"'f'ctor HOU"~tl & riu", ,n Sf'rv,('('s ",'2~/2007 814 1).I;,y f)m~ Apllrovcu By ',',JrcyV,rumtlln" F'lJlli,[S",rVICe5 ["'UUN Hc",,,mJ& !-f"'Tla"S,.",.ltc'.'s :;'2:jI2007 ~44 PM '\pllro\'Cd B)' [Jaie ,iEff KlatzkClW COlJl1\vAttOrrlsy AS'iFstantCoulltvAttorney :"_h,ntrAttorne'..- OfhG(' 5'291200~ ~u44 AM LUllU ApllrOl'l'd By SLt~Z"'lm","m'1.r1 Admmi~trati\!" Ser-'riVj5 Prcp",rtyAC<lui5iti0nSpCCi,lflst FaClI,ti{,5 Man~SWI11!'.,t 5129/2()0711.51 I,M C)~le Approved Hy 10rlir,.r,btt r-',J",,,,ist,aiiv{' S, :"VI~e5 RColhnpcrt,'SUp'''VI50' I"-J:"I,II{'sr.-lananc'nc"t 5129121107 12_0~ pr>, DOle Allproveu Ry '.'J''''' r~"m""y PublrcS"rvic('C, ,c." till' ,,~, fVI ''>'' r, an> i" '" 1 ,~t C e ,'.,[,1," ">'rv,c~~ .'10""" ';'1~,'2(j,:;' ~'.2:; 11M D.c" '\Pllrlwed Ry iA,," -.nNJ,n,'jo, /'.Jm;nle,trJ ,vc' ~~[''-'''IGe" t,;mk"\""";i;",,,sl Ini'."m~t:o(' oc: ,'oln,!,! ,:,'1.\,')007 i iY] "r.~ I..J~!;' Approved Ry ~;h~r'~' h:;or COllll!y \i~n~ger's au, r,i""~(j0"wnt P. B"(IU~( ':\n;"j;~.,t Of1IC,,-" cf ~.-1"r..lge"'imt & Bud9l..'f 6!14/2007 ~. 16 F'M [Jot!;> ,'\ppmvl'dBy 1'.,1ic"ael S'"\,ko'-'i&~i C'!Un!y rt.anao",.', nfficc r,~~n~W-'!llt'''\ G nuejar,': [',.rc-c:"r ~)lf,['p o! 1.1~,,~,]'-""L'n: 1). 8udg,."t C'1~/2(jOT ~,JII PM L>3k Approved R} .;~me'; \'. ~f,tJ.jel '~''''''1 "j CtJuntv C"rnml$si"m)(~ "cu"t"r,"""'d'Jcr C-:llmty ~~"n'''W($ Glf;cc GI14.'2(J07::51 PM file:/ /C: \Agenda Test\Exp()rt\S5-.lunc~o2026, %202007\08. %20ADVFRTISED%20PUHI, [C.. r 6/20/2()()7 Agenda Item No. 88 June 26. 2007 Page 1 of 339 EXECUTIVE SUMMARY PUDZ-2005-AR-8284 Tree Farm Land Trust, represented by Robert Mulhere, AICP of RWA, Inc., and George Varnadoe, Esquire, ofCheffy, Passidomo, Wilson & Johnson, LLP, is requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed-Use Planned Unit Developmeut (MPUD) zoning district for a project to be known as Tree Farm MPUD located at 8799 Immokalee Road, in Section 22, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) consider an application to rezone 58.84:!: acres from the Rural Agricultural (A) zoning district classification to a Mixed-Use Planned Unit Development zoning district to be known as the Tree Farm MPUD and to make sure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERA nONS: The subject property was previously used as a tree nursery and currently has maintenance structures existing on the site. The petitioner now proposes to rezone the site from the Rural Agricultural (A) zoning district to a Mixed-Use Planned Unit Development zoning district to be known as the Tree Farm MPUD in order to permit a maximum of 425 residential dwelling units and 175,000 square feet of commercial development, including a commitment to limit retail development to 134,500 square feet, with the balance to be developed as office uses, with a minimum of 5,000 square feet for office uses. The southern 18.65:!: acres of the project is located within Activity Center #3 as identified in the Growth Management Plan's (GMP) Future Land Use Element (FLUE). This area allows for a variety of commercial and residential uses. The maximum number of residential units proposed for this development is 425 of which 44 units are required to be developed within the Commercial Mixed-Use District while the remaining dwelling units generated from the Activity Center (237 residential units) must be located within one-third of a mile of the Activity Center #3's boundary. Within the residential tract of this project, the petitioner proposes an option to develop an Assisted Living Facility (ALF) in lieu of the residential dwelling units. For the purpose of calculating the project density, 4 Assisted Living Facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. Within the 18.65:!: acres of the subject property are 175,000 square feet of commercial development, including a commitment to limit retail development to 134,500 square feet, with the balance to be developed as office uses, with a minimum of 5,000 square feet for office uses. In conclusion, the Tree Farm MPUD petition is proposing: ,- . 175,000 square feet of commercial development, a minimum of 5,000 square feet of office use area, and a maximum of 134,500 square feet of retail use area . a maximum of 425 dwelling units, or 7.22 dwelling units per acre Page 1 of7 Agenda Item No. 8B June 26, 2007 Page 2 of 339 FLUE Designation Acres MPUD Density Eligible MPUD Gross +1- Units/Acre Density/Acre Density Mixed Use Activity 18.69 7.70 16 143.91 Center Subdistrict Urban Residential 40.15 4.00 7 281.05 Subdistrict, Density Band Total 58.84 7.22 9.85 425.00* Table IB: MPUD Density (Rounded) TREE FARM MPUD DOCUMENT . 44 units (15 percent of the density generated from the Activity Center Acreage shall be developed within the Commercial-Mixed-Use District) are required to be developed within the Commercial Mixed-Use District while the remaining dwelling units generated from the Activity Center (237 residential units) must be located within one-third of a mile of the Activity Center #3's boundary. . No more that 50% of the allowable commercial square footage may be developed prior to the development of at least one-half of the minimwn required dwelling units within the Activity Center, and no more that 75% of the maximum allowable commercial square footage may be developed prior to the development of the remaining 50% of the minimum required residential dwelling units within the Activity Center. . For the purpose of calculating the project density, 4 Assisted Living Facilities (ALF) units shall constitute I residential dwelling unit and the maximum number of ALF units shall not exceed ISO units. At the June 7, 2007 CCPC meeting, the petitioner amended their petition to address the discrepancies with the PUD document's "Residential Standards Table" as identified by the CCPC, offered the two "Affordable Housing" benefits, and to put the requirement for the Big Cypress Fox Squirrel Management Plan back into the PUD document, as well as committing a donation to the County's Affordable Housing Trust Fund and a commitment of IS percent of the total housing units to be available "Workforce Housing" qualified ownership. The petitioner has offered in Section 6.3 L of the PUD document: "No Certificate of Occupancy (CO) for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed (that is fully open to traffic): 1. lmmokalee Road from Collier Boulevard west to 1-75 2. Immokalee Road from Collier Boulevard East to 43'd Avenue N.W. 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Page 2 of7 Agenda Item No. 8B June 26, 2007 Page 3 of 339 FISCAL IMP ACT: The rezoning petition by and of itself, will have no fiscal impact on Collier County, There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if rezoning petition is approved. a portion of the land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): Approximately 18.69:2: acres, inclusive of the acreage reserved for future right-of-way, are designated Urban-Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15:2: acres, inclusive of the acreage reserved for future right-of-way, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as dcpicted on the Future Land Use Map (FLUM) of the Growth Managcment Plan (GMP). Relevant to this petition, the Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of four dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. The Urban Mixed Use Activity Center Subdistrict is intended to accommodate a variety of residential and non-residential uses, including mixed-use development such as planned unit developments. ~_. Review of the Density Rating System yields the Urban Residential Subdistrict portion of the subject project eligible for a base density of four dwelling units per acre. Additionally, the proposed residential portion of the subject project is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 dwelling units per acre or 281 units. The remaining portion of the subject project is located within the Mixed-Use Activity Center Subdistrict. 175,000 square feet of commercial development, including a commitment to limit retail development to 134,500 square feet, with the balance to be developed as office uses, with a minimum of 5,000 square feet for office use, and forty-four residential multi-family units, are proposed on approximately 18.69:2: acres, inclusive of the acreage reserved for future right-ot~way (refer to Activity Center acreage discussion below). Eligible land uses within the Mixed-Use Activity Center include the full array of commercial uses, residential uses, institutional uses, and hotel/motel uses at a density consistent with the Land Development Code (LDC). Page 3 of7 Agenda Item No. 38 June 26, 2007 Page 4 of 339 Based upon the above analysis, staff concludes that posed commercial and residential uses may be deemed consistent with the FLUE. Transportation Element: The Transportation Division Planning staff indicates that the Immokalee Road (CR-846) I Collier Boulevard (CR-95 1) intersection and approaching roadways are all currently under construction and are anticipated to be substantially complete by the first quarter 01'2009. In addition, the project traffic on the adjacent roadway network has also been deemed to be consistent with policy 5.1 of the Transportation Element ofthe GMP. The next impacted links on both CR-846 and CR-95 I have not been let for construction but are scheduled to commence construction within the 5 year planning period. The CR-846 and 1-75 interchange is included in the approved 1-75 contract. CR-951 south of Golden Gate Boulevard is currently in the design phase and included in the 2008 construction schedule. The project is consistent with Policy 7.3 of the Transportation element by providing interconnection to facilitate traffic circulation. Transportation Division Staff has reviewed the project and finds it consistent with Policy 5.1 of the Transportation Element in the GMP with respect to capacity available and proposed additional mitigation. Transportation Division Staff recommends approval of the Tree Farm MPUD. AFFORDABLE HOUSING IMPACT: The developer has committed to provide fifteen percent of the total number of units built in the project in the affordable housing price range for workforce housing, i.e., for those who earn up to 150 percent of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development DepaJiment (HUD). The applicant will provide verification of the sales price to Collier County's Housing and Human Services Depmiment. The applicant has also voluntarily contributed to the Collier County Affordable Workforce housing Trust Fund of $1000 per dwelling unit and $.50 per commercial square foot built in the project and payable at time of Celiificate of Occupancy (CO). ENVIRONMENTAL ISSUES: As mentioned previously, this property had been a party in a "Consent Agreement" for removing native vegetation without a permit. A Big Cypress Fox Squirrel Management Plan has been required to be prepared at the time of submittal of the next Development Order, and is identified in Section 6.5 of the PUD document. ,'- Page 4 00 Agenda Item No. 88 June 26, 2007 Page 5 of 339 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC was not required to review this petition because the subject property had been previously impacted with the previous uses. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard petition PUDZ-2005-AR-8284 on June 7,2007. The CCPC voted 7 to I to forward this petition to the BCC with a recommendation of approval including the following dcviations: 1. Approval of Deviation No.1 - LDC Section 6.06.01 (0) and LDC Appendix B B-3m land Section III Exhibit "A", Design Requirements for Subdivisions C.13.e of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 04- 66 for the 60-foot right-of-way width requirements to a 50-foot right-of-way width, provided that the roadway is maintained as a private roadway system. 2. Approval of Deviation No.3 - LDC Section 5.06.06.C.15.b.i., allowing for an off-premise sign exceeding the maximum allowable 12 square feet, limited to a maximum of 16 square feet, and from Section 5.06.05.C.15.b.v. which requires that the off-premise sign be located within 1000 feet of the intersection of the arterial roadway providing access to the building, structure or use, allowing the off-premise sign to be located in the general vicinity of the access to Immokalee Road from the project directly adjacent to and west of Tree Farm MPUD, generally located across from the access to Pebblebrook (Richland PUDlo The dissenting vote was based upon that Commissioner's belief that the petition was too intense and dense for the subject property. The Commissioner also took exception to the "Commercial Needs Analysis" that was provided for supporting materials. LEGAL CONSIDERATIONS: This is the traditional type of rezone adopted by a local government. As this rezone is being initiated by the County, it is legislative in nature. The Board of County Commissioners (BCC), pursuant to the Land Development Code, must consider the criteria set forth below in making its decision. Criteria for Strail!ht Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? /-" Page 5 of7 Aqenda Item No. 8B " June 26. 2007 Page 6 of 339 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn m relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions m the neighborhood? 7. Will the proposed change create or excessively increase tranic congestion or create types of tratTic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during constlUction phases of the development, or otherwise affixt public safety? 8. Will the proposed change create a drainage problem? 9. Will thc proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? .....~.., II. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate publicfacilities and serviees consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.1 06, art.II], as amended? ,- Page 6 of7 Agenda Item No. 8B June 26, 2007 Page 7 of 339 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety. and welfare? The decision to approve the rezone must have a rational basis. The rational basis consists of the written materials presented by the County's consultants and staff in the fonn of maps, studies. the Staff Report and Executive Summary, as well as any oral presentations made before the BCC at the rezone hearing. A super-majority vote is required to approve this rezone. (MSS) RECOMMENDA nON: Staff recommends that the Board of County Commissioners (BCe) approve Petition PUDZ- 2005-AR-8284 subject to the following conditions: 1. Approval of Deviation No. I - LDC Section 6.06.01 (0) and LDC Appendix B B-3m land Section III Exhibit "A", Design Requirements for Subdivisions C.13.e of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 04-66 for the 60-foot right-of-way width requirements to a 50-foot right- of-way width, provided that the roadway is maintaincd as a private roadway system. ~ 2. Approval of Deviation No. 3 - Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be pennitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be a setback of a minimum of lO feet from any MPUD perimeter property line. As well as - LDC Section 5.06.04.C.l5.b.i., allowing for an off-premise sign exceeding the maximum allowable 12 square feet, limited to a maximum of 16 square feet, and from Section 5.06.04.C.15.b.v. which requires that the off-premise sign be locatcd within ] ,000 feet of the intersection of the arterial roadway providing access to the building, structure or use, allowing the off-premise sign to be located in the general vicinity of the access to Immokalee Road from the project directly adjacent to and west of Tree Fann MPUD, generally located across from the access to Pebblebrook (Richland PUD). PREPARED BY: Michael J. DeRuntz, CFM, Principal Planner Department of Zoning and Land Development Review .--- Page 7 of? Item Number: Item Summary: Meeting Date: Page 1 01'1 Agenda Item No. 8B June 26. 2007 P8ge 8 01339 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 This item rcqulres!hatRli panlClparns be sworr, Inalld el parte disc iosure be provided by GOl11ml%;OI', memt,ers Petition PUDZ-2005-':-,R.82B4 Tree Fa!"r11 Land Trust rec-reSBl1lad tlV P_ober~ iViulllere AICP ~)f R'NA. :nc and Geo:ge V:;:m.adoc ES'1ulre of Cheffy Pas~ljQm0 W'lson & JOl1nson LLP. is reou'Ost,ng <I r'Ozene from me f'.grrcullurall.4j ~onlng (tWicl to the Mixed Use Planned Unit UC'velopment (MPL:D: zonw,o dlstrrct for projeCl to be ~"o,vn as 'ree ;~rnl MP'JD consisting of a m8Alrm.nn of 200.00G squale lee I 01 commercial USE'S. ana a InaXI'lll1m of425 residential lI!11tS. The SUDl'Oct Nopen,!. cO!"Slst,ng::I53.84 ch:'es. is locateD Jt f!79911llITlok?lefi Road '0 SecllOr22, Townshlp48 SUL.lIl, p.al1ge 26 EiJS1. Coll!erCuuniy. Fiond8 6.'2E;/2DQ7:1 DOaOr,M Princ:iualPlanner Date Prepared R~' MichaelJ OeRunu Community Development & EnvironmentalServlces Zoning & Land Development Review 6/6120072:38:22 PM Ray Bellows Ch,efPlanner Oat" Approved By Community Development & Erwironment,1lServices Zoning & Land Development Review 6/'13120077:53 AM M1lrlcncStewart ExecutlveSecretMy Date Allproved By Community Development & EnvironmcntiilServices Community Deveiopment & EnvironmentaIServlcesl\dmin. 6113120072:28 PM JudyP,,,\! Date Approved By Commuluty Development & ErlVironmentalServices OperatiOns Analyst Community Devalopment& Environmental Services Admin 6/13120072:49 PM NrckCasnlaf'lguida MPODirector Date Approved By lran5portationServlces lransportationPlaoning 611312007 ~:07 PM Susan Murray.AICP Zonrn9 &- Land Developmrmt Drrector Date Approved By Commun;ty Development&- Env,ronmeotalScrvices Zon;ng& Land Dcvelopmen\ Rev,ew 6/1412007 !1:09AM Approved By JOS.,pilKSchmiH Community Development & Env;ronmentatServices Community Development&- EnvironmentnlServicesAdminstrator Date Commun'ty Development & E:wironmcntaISerjicf'sAdmln. 13115120074:S8-PM Approved By Date Marjorie M. Student-Stirling I\sslstant County Attomey 6118-12007 !I,39 AM Approved By County Attorney County Attorney OH;ce OMBCoordinator Administn,j;veScrI/;ces Applicaj,ons Analyst Onte Information Technologv 6118120077:40 AM Mark Isaekroon Budget Analyst Dale Approved By County Manager's Office Olliee of MJnaqement &- Budget 6119/2007 B:35AM Allproved 8y JamesV. Mudd Board of County Commio.s<oners County Manager Date County Manager's Office 13/20120072:1$ PM file:lIC:\AgendaTest\Export\85-June%2026, %1202007\08. %20ADVERTISED%20PUBLIC.. 6/2012007 Aoenda Item No. 88 . June 26. 2007 Page 9 of 339 SUPPLEMENTAL STAFF REPORT Col1~r County TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JUNE 7, 2007 RE: PETITION: PUDZ-05-AR-8284 TREE FARM MPUD The Collier County Planning Commission (CCPC) was scheduled to hear the Tree Farm MPUD at its June 7, 2007 meeting. The petition was continued because, multiple PUD documents had been submitted and additional revisions were pending. Staff did not want the CCPC to be confused. The Staff requested that the item be heard at the June 27. 2007 Planning Commission meeting. The Department of Zoning and Land Development Review StafT recommendation rcmains the same. Analysis indicates that this PUD is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staff rccommends that the Planning Commission forward the PUDZ-05- AR-8284 Tree Fann MPUD to the Board of County Commissioners with a recommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the May 17, 2007 Planning Commission meeting is attached. In addition, a memo dated May 25, 2007, a revised PUD document, and "Feasibility Analysis for Proposed Commercial Land Uses" are attached. Comprehensive Planning staff has recommended approval with the following conditions: I. Approval of Deviation No. I - LDC Section 6.06.01 (0) and LDC Appendix B B-3m land Seetion III Exhibit "A", Design Requirements for Subdivisions C13.e of the administrative Code for Collier County Construetion Standards Manual adopted through Ordinance No. 04- 66 for the 60 foot right-of-way width requirements to a 50 foot right-of-way width, provided that the roadway is maintained as a private roadway system. 2. Approval of Deviation No.3 - LDC Section 5.06.06.CI5.b.i., allowing for an off-premise sign exceeding the maximum allowable 12 square feet. limited to a maximum of 16 square feet, and from Section 5.06.05.C I 5.b.v. which requires that the ofT-premise sign be located within 1000 feet of the intersection of the arterial roadway providing access to the building, structure or use, allowing the off-premise sign to be located in the general vicinity of the access to Immokalee Road from the project directly adjacent to and west of Tree Farm MPUD, generally located across from the access to Pebblebrook (Richland PUD). PUDZ-05-AR-8284 TREE FARM MI'UD SUPPLEMENTAL REPORT Page I of2 ~ Agenda Item No. 8B June 26, 2007 Page 10 of 339 3, Reduce the total commercial square feet allowed in the MPUD, in light of the existing inventory and future commercial within the Activity Center, within a 2-mile radius, and within the defined market area, as identified in the Commercial Needs Analysis and Inventory. (Total site 18.69 acres - 4.34 acres reserved for right-of-way yields 14.35 acres of developable land for commercial and required residential development. Apply the generally accepted industry standard of 10,000 square feet/acre for retail development which yields 143,500 square feet. Though this figure is higher than the 8,500 sq. ft. per acre for all commercial development per the County's 1994 Build-out Study it provides the applicant greater flexibility to achieve a mixture of retail, office, and other uses.) 4. Require project phasing so that commercial development coincides with future commercial demand between the years 2020 and 2030. (The Commercial Needs Analysis identifies an immediate demand for office square feet and a future demand for retail commercial between the years 2020 and 2030 in the subject market area. The Commercial Needs Analysis references 20,000 square feet of office development, but a commitment of only 5,000 square feet of office development and up to 195,000 square feet of retail commercial is proposed in the M PUD.) 5. Adjust the ratio of retail commercial to office square feet to reflect a more appropriate development mix that addresses the immediate demand for office space in the 2-mile market area, as identified in the Commercial Needs Analysis and Inventory. PREPARED BY: MICHAEL J. DE RUNTZ, CFM. PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE 2 ,b.,qenda Item l\jo. 2>8 AGENDA ITRMt,1J;. 2007 Page 11 of 339 7~~ cOrt!f:r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 17,2007 SlJB.JECT: PETITION PUDZ-05-AR-8284 TREE FARM MPUD AGENT/APPLICANT: OWNER: Thomas S. Monaghan Tree Fann I.and Trust 2600 Golden Gate Parkway Naples, FL 34105 AGENT: Robert Mulhere, AICP RWA,lne 6610 Willow Park Drive Naples, FL 34109 George Vamadoe, Esquire Cheffy, Passidomo, Wilson & Jolmson, LLP 82 15th A venue South Naples, FL 34102 REQUESTED ACTION: The petitioner is requesting a rezone from the Rural Agricultural (A) Zoning District to a Mixed-Use Planned Unit Development (MPUD) to be known as the Tree Farm MPUD. GEOGRAPHIC LOCATION: The subject MPUD is located in the nOlthwest corner of the intersection of Immokalee Road (CR- 846) and the future extension of Collier Boulevard (CR-951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) PUDZ-05-AR-8281, TREE FA1~ MPUD Page 1 of29 cepe M~ETING MAY 17, 2007 T mc-()) .""OM -:OM ~- .0 .oN =N_ C)Cl)(l) ===01 m:::Jm -g'o.. ill 0; <( "Ij lV_\IIi, ,. o w- e-", iiig ~ o~ ~ i B ~ .., 31V~O.l10N I - 0:1 1), ::' o I- Z ;.'i "0 ~~ 0" ~g . ,. ~ > < ~~ ~3 ,~ f ~ ~ ~ ,- , . ~ I C " " 1:1~ ~ ~ g , [I , ~ '=J - .. L ~ [ ..~ - !~ ::l . ~a'o u, t j. ",...,15 ~av 3 ;i"'<:rI . t~ ~ ~~ ~ ~J 0 ", N~1- '., "' ; g . ...~~ u < ~~ ~ ~ " ~- ! ~ ~~ 0> N01:JNUI'1l-l . ~ < . . ~'~- . " ~~ . ~ - ~ . ~- , " l -.- ~ 1; ili. ~ ~~2 ~ ,0 ! " . ~ ~'" <'O~~ r ClIVII3TlCIIIUJI'Tl7.l fll6~'~ a ~ "'N .i!', "" '5=1 ~~ ~:> g ~ ~~>- ~ lRIV~tMlO1 ~" ~.., . gL-UV.LS'I/i!ItNl a.. <( 2: C9 z - z o N ... 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'" <W""J ..D,'~." , " .LSJ1HL ONV'/ Nll'v'.:/ J3UL NV7d H3JSVI!IJ afldW ilil I I iii i dl ! <'i Ii I ... , "'.."", ..... n w n ~.. ,.. ))! ill II : I ,.,} !} i' I ,I ~';~ 11l:.J , & tI -" !'. i ~ ~ i I ii ill P d i l- ! I1II I !. Ii " t" I:: 'ii <II <-' I L .~, ~i !! g , , g , , . , , . I jj, ll!l i~!! i l~ ;'1' I ,I ~ , " I~" 1~'1 !~!, "', i!~,! ' "1 ;, g i "II "" ", i' -l" I, ", " ii, ~i;l ~i!' ,~; ~l!;\. ~~ l' i ! j hli I!I, I!l! I! i! !!!!li i! ! ljl! ; III! ill: !liil i I ;ill~lll; ~i I !I i! 5 I i"l' ,"I ,,:i!iiijli1j}!Jlii! II , ':11 'Iii '1',.',11 i !.il!,,~!i8i 8'4 'I I g~, ~., g,ll, i , '~'l l:i;~!l. 11'1> I I ~OI_.'I' - '! I.' ", lnl' ""~ :J ,.., . \ )Il:l )I~n )~i"l '!IN!!~!!1 ~,1;,' '!' - Z ~~{ 3~~-R'i t!~I~t~ IlSfl~~~ t!~I\1l/~ili"'lf _t:~~';:l~HI ~ ~ -< Ii 1~lnll ,~ r"j I,m, I ,1!N ~!IWll'~~1Ni :.!l. ~ >-1 ~ ~~H/;;/ ~i:'.;: P-< ~ d 1 ,i~ P::: I ," H :. W ..-- :;.l ~ [-; --- . . ~=< r-r.:l;E @ ~ , !i.!l!;!! ~W~~ tl :l!llll llr.li .ihi,j "- ill , , n , , , , I I , , , , I , , ','I "L_ ' "Ill' -,- aldl' (~-'\ Jlvf~ J I l':l! I I '/1'1 II : I I I I Ill' I 1 ai' I l I l h I I < ~I \ I : i I I ill I I I I I I ~ \ 1 ~ "- ./ , -- ~ ~ ~ ~.- ----~ I'~ ':m { I,t l!~ll : :l~ 'Ii'l!: :~! 5 i I I 1,~ I I I J ' I "e~ I I Ii"- ~ I li~;h . I l\!t', I I Ji'j t I it! IW", I I j~", ~ I I'".., II ~;: ~ I f !-~~ ~: I h.JJ~~:9~ I .11,.k, , I J \li;' .'" I JW' !II III \ _! ~:!I, II:, '_.K.',. " Ii. "1 J\.' illl :1( _ ~ ~ ~: ! . Agenda item No. 88 June 26. 2007 Page 14 of 339 PURPOSEIDESCRIPTION OF PROJECT: The subject petition proposes to rezone 58.84:t acres from the Rural Agricultural (A) Zoning District classification to a Mixed-Use Planned Unit Development identified as Tree Fann MPUD. Thc subject property was previously used as a tree nursery and has maintenance structures still existing on the site. The mixed-use development is proposed to contain both commercial and residential land uses. The southern 18.69:t acres of the subject property being locatcd within northwest corner of an area identified in the Growth Management Plan's (GMP) Future Land Use Elemcnt (FLUE) as Activity Center #3, allows for a variety of commercial and residential uses. The maximum number of residential units proposed for this development is 425. FOlty-four residential units are requircd to be developed within the Commercial Mixed-Use District, and the remaining density generated from the Activity Center (237 residential units) must be located within one-third of a mile of the Activity Center #3's boundary. Within the residential tract ofthis project, thc petitioner proposes an option to develop an Assisted Living Facility (AFI,) in lieu of the residential dwelling units. For the purpose of calculating the project density, for convcrting to an ALF use, one dwelling unit shaH be subtracted from the maximum of 425 dwelling units for every four ALF. Within the 18.69:t acres of the subject property, 175,000 square feet of commercial development, including a cOl11l11itment to develop a minimum of 5,000 square feet of professional or medical office uses is requested. Access to the mixed use development will be Ii'om the future Collier Boulevard Extension (CR- 951). The developer has ab'1'eed to rescrve right-of-way for the future Collier Boulevard Extension, lmmokalee Road expansion and intersection improvement totaling 7.42 acres. The petitioner also proposes to provide a twelve-foot wide asphalt pathway along a greenway within the Immokalee Road canal right-of-way and to provide fivc parking spaces within the commercial tract or Right-of- Way Tract "A", 1'01' the use of pcrsons that would be using the pathway. Furthermore, the petitioner agrees to accept and trcat fifty percent of the impervious area of thc proposed extension of CoHier Boulcvard adjacent to the subject property, and wiH be responsible 1'01' fair share costs of improvements to the Immokalec Road/Collier Boulevard intersection, including bridge replacements and widening. Codc Enforcement had cited the owner of the subject propeliy for clearing a portion of this property for clearing native vegetation without a permit. A "Compliance Agreement" for that violation was executed by County Manager Mudd for removal of existing vcgetation on 1.13 acres of land without a permit. A copy of the "Compliance Agrcement" is included with the MPUD Document in Exhibit D. Subpmt 6 of that Agreement statcs: "In consideration of Trust's agreement, as set fOlth above, the County agrecs that the percentage of native vegctation preserved will not include: 1) any pOltion of thc subject propeliy which is acquired by the County as part of a right-of- way expansion of Collier Boulevard or 2) any pOltion of the subject project which was lawfully cleared (i.e. with a permit, if required)." The developer has also agreed to provide two areas (1] O-feet by 100-feet) to he conveyed to Collier County for raw water well casements. SURROUNDING LAND llSE AND ZONING: Subject Parcel: The subject property consists of 58.84;t aeres and was previously used as a tree nursery. This property is zoned Rural Agricultural (A). Surrounding: North: Undeveloped woodland, zoned Miraso\ PUD (1,558 aeres with 799 dwelling units for 0.51 dwelling units per acre) PUDZ-05-AR-82B4, TREE FARM MPUD Page 4 of29 cepe MEETING MAY 17, 2007 Agenda Item No. 88 June 26. 2007 Page 15 of 339 East: Unimproved Tree Farm road then commercial mixed use development under construction, zoned future Collier Boulevard extension (CR-95!) then Heritage Bay DRl (2,562 acres with 3,450 dwelling units for 1.3 dwelling units per acre and 230,000 square fcet of commercial area) South: South Florida Water Management District canal then a six-lane urban arterial roadway then a developed commercial planned development, z.oncd Cocobatchee Canal thenlmmokalee Road (CR 846) then Richland PUD (159 acres with 650 dwelling units for 4.3 dwelling units per acre and 150,000 square fect of commercial area) West: Residential and undeveloped woodland, zoned Rural Agricultural (A) and Mirasol PUD (1,558 acres with 799 dwelling units for 0.51 dwelling units per acre) GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUEt Approximately 18.692: acres, inclusive of the acreage reservcd for future right-of-way, of tbc subject project is designated Urban-Commercial District, Mixed-Use Activity Centcr Subdistrict (#3) and the rcmaining 40.152: acres, inclusive of tbe acreage reserved for futurc right-of-way, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on thc Future Land Use Map (FLUM) of thc Growtb Management Plan (GMP). Relevant to this petition, tbe Urban Residential Subdistrict pem1its residential development (variety of unit types) at a base density of four dwelling units per acre and a maximum of 16 dwelling units per acre, subject to thc Density Rating System provisions. Thc Urban Mixed Use Activity Center Subdistrict is intended to accommodate a variety of residcntial and non- residential uses, including mixcd-usc development such as plmmed unit developmcnts. punZ-OS-AR-8284, TREE FARM MPUD Page 5 of29 cepe MEETING MAY 17, 2007 r Agenda Item No. 8B June 26, 2007 Page 16 of 339 AERIAL MAP Review of the Density Rating System yields the Urban Residential Subdistrict portion of the subject project eligible for a base density of four dwelling units per acre. Additionally, the proposed residential portion of the subject project is located within a residential density band and is eligible for a dcnsity bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 dwelling units per acre or 281 units. Base Density Residcntial Densitv Band 4 Dwelling Units/ Acre x 40.15 acres ~ ] 60.60 Dwelling Units +3 Dwelling Units/Acre x 40.15 acres = 120.45 Dwelling Units Total Eligible Dcnsity 7 Dwclling Units/ Acre x 40.15 acres = 281.05 Dwelling Units PUDZ-05-AR-a284, TREE FARM MPUD Page 6 of 29 cepe MEETING MAY 17, 2007 Aqenda item No. S8 ~ June 26, 2007 Page 17 of 339 iiT H SUBJECT PROPERTY "". x iiT '. , ., " ~/ ". '. MIRASOL (IUD J'~ " "" , .', -, . '. . ....' " " " .'. '. . I- I ~, x . '0 l.t_____.__.__________~._._~_"__ .,.,.,. , --~._-_._-- q! ZONING MAP The remaining portion of the subject project is located within the Mixed-Use Activity Center Subdistrict. 175,000 square feet of commercial development, including a commitment to develop a minimum of 5,000 square feet of professional or medical office uses, and torty-four residential multi- family units, arc proposed on approximately 18.69:1: acres, inclusive of the acreage reserved for future right-of-way (refer to Activity Center acreage discussion below). Eligible land uses within the Mixed- Use Activity Center include the full army of eOlllmereial uses, residential uses, institutional uses, and hotel/molel uses at a density consistent with the Land Development Code (LDC). PUDZ-05-AR-8284, TREE FARM MPUD Page 7 of29 cepe MEETING MAY 17, 2007 r Aoenda Item l'>Jo. 8B ~ June 26. 2007 Page 18 of 339 I.nMTY ..... II --......... --- --" ::l. -. 11 I t.IH...1t ___--.0&&'1 Mt.._MlIII lIlD __UII_~ ~,,""'_IlI.~ P'!'=iI. ~ ~..!........ FLUE ACTIVITY CENTER #3 MAP Mixed-Use projects located within the boundaries of the Mixed Use Activity Center are eligible for up to 16 residential units per gross acre as provided below: . For mixed use developments; whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building, are allowed. Such mixed use projects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent projects, whether commercial or residential. Street, pedestrian pathway and bikc lane interconnections with adjacent propcllies, where possible and practicable, are encouraged. Density is calculated based upon the gross project acreage within the Activity Ccnter. If such a project is located within the boundaries of a Mixed-Use Activity Center, the eligible density is 16 dwelling units per acre. The pOltion of the project located within the Mixed Use Activity Center is intended to be developed as a commercial and residential mixed-use project. The FLUE provision for mixed use dcvelopment within the boundaries of a Mixed-Use Activity Center allows residential density of up to 16 residential units/acre, provided such units are developed within the Activity Center boundaries. The PUDZ-05-AR-8284, TREE FAm1 M?UD Page 80f29 cepe MEETING MAY 17, 2007 Agenda Item No. 88 June 26, 2007 Page 19 of 339 requested density on that portion of the project located in the Mixed-Use Activity Centcr is 7.70 dwelling units/acre or 144 units. The actual residential development proposed within the boundaries of the Activity Center is 44 units (2.35 dwelling units/acre) with the remaining 100 units to be shifted/developed outside the Activity Center boundaries, contrary to the FLUE provision above. As proposed, this shifting/reallocation of units from the Activity Center acreage to thc areas outside the Activity Center boundaries increases the ovcrall density on these areas from 7 dwelling units/acre to 9.48 dwelling units/acre or 281 units to 381 WlitS. Factors to be considercd during the review of a rczone petition within a Mixed-Use Activity Center are as follows: · Rezones within Mixed-Use Activity Centers are encouraged to be in the form of a Planned Unit Development There shall be no minimum acreage limitation for such Planned Unit Developments except rcquests for rezoning must meet the requirements for rezoning in the LOC. (project submitted as a Mixed-Use Planned Development.) . The amount, type and location of cxisting zoned commercial land, and developed cOll1mercial uscs, within the Mixed-Use Activity Center and within two road lI1iles of Mixcd Use Activity Center, and . Existing patterns ofland use within the Mixed-Use Activity Center and within two radialll1iles; I ParcelslPUDs within the Activity Center (A/C) No.3: Location 48-26-27 Pal'cel/PUD *Pebblebrook (Richland PUO) Dev. Acreage 1l.73 Dev. Sq. Ft. 98,642 Commercial Usc grocery, fast food, bank, gencral retail, pcrsonal services, drug store, office *This MPUO is approvcd for 231,000 square feet of Neighborhood/Comll1unity commercial on approximately 21.80 acres. Location 48-26-26 Parcel *Parcel 16 Acreace 32.55 Zoninc A Dev. Comm. Acres o *Applya figure of 8,500 square feet of commercial development per acre - yields 276,675 square feet of commercial development. This figure represents all categories of commercial development (office, retail, etc.) pel' the County's 1994 Urban Area Build-out Study, Location 48-26-23 ParceI/PUD *Heritage Bay Dev. Acreage o Dev. Sq. Ft. o Commercial Use Neighborhood! Community/Regional PUDZ-05-AR-8284, TREE FARM MPUD Page 9 of29 cepe MEETING MAY 17, 2007 . Agenda Item No. 8B June 26. 2007 Page 20 of 339 *This PUD is approved for 230,000 square feet on 73.50 acres. Approximately 200,000 sq. ft. of commercial development is allowed w!in the AlC and 30,000 sq. ft. of commercial development is allowed w!in the Village Centers (26 ac.), located outside the AlC but w!in 2 radial miles. Location Parcel Acreage Zoning Dev. Comm. Acrcs 48-26-22 * Parcel 23 18.69 A 0 * * Parcel 26 8.49 A 0 · · Parcel 27.3 4.73 A 0 .*Parcel 70 ]0.49 A 0 *The Subject PUD rezone request is for 175,000 square fect of commercial development, including 5,000 sq.ft. of office development, and 44 residential units on 18.69 acres, inclusive of the acreage reserved for right-of-way. ** Apply a figure of 8,500 sq. ft. per acre - yields 201,535 square feet (8,500 X 23.71 acres) of commercial developmcllt. This figure reprcscnts all categories of commercial development (office, rctail, ctc.) per the County's 1994 Urban Area Build-out Study. _________ww___________________________________________------------------------------------------------------------ The potential and approved commercial sq. f1. and potential and approved commercial acreage within Activity Center No.3 is approximately 1,084.210 square feet and 144.25 acres respectively, inclusive of the subject petition. ------------------------------------------------------------------------------------------------------------------ Note: Staff has identified manl' "roverties t!rat "ave bee" omitted from the Studl"s commercial inve/ltorl' and lIOn-commercial ,,/'Overties tllilt have been included in tile COlllmercial i/lventOl'V. Commercial Parcels!PUDs within two radial miles from Activity Center No.3: PUDlPareel Location Allllroved SQ. ft. Dev. SQ. ft. Commercial Uses Carolina Village 34-48-26 150,000 O. Neighborhood! Community Mission Hills 34-48-26 200,000 ]07,818 Neighborhood !Community! Regional Island Walk 33-48-26 30,000 21,200' Neighborhood! Community aide Cypress 21-48-26 165,000 80,153* Neighborhood! Community!Regional Sonoma Oaks 34-48-26 120,000 O. Neighborhood! Community PUDZ-OS-AR-8284, TREE FARM MPUD Page 10 of29 cc~c MEETING MAY 17, 2007 Aoenda Item No. 8B ~ June 26. 2007 Page 21 of 339 · Figures noted are from the County's March 2007 PUD List. Developed square fcct may be higher than reported duc to timing of pun monitoring for individual projects. PUD/Parcel Location Acreage Parcel 36 22-48-26 .28 Dev. Commercial 1,672 sq. ft. Commercial Uses C-3 (Restaurant) Approved commercial within two radial miles from the Activity Center is appl'oximately 666,672 sq. ft. . Markct demand and service area for the proposcd commercial land uses to be used as a guide to explore the feasibility of the requestcd land uses. According to the petitioner's most recent submillal, there is an immediate and long-term demand for Ilfice space within 2 radial miles of the su~ject site, and there is a need jor some additional commerciallretail in the market area. (Note: Staff Itas identijied properties that Itave been omitted from tlte Study'.r commercial invelltory and Itas illelltijied nOli-commercial properties included ill tlte commercial inventory.) . Existing pattcms of land use within the Mixed-Use Activity Center and within two radial miles. (Project will be linked to adjacent arterial roadways, Immok'llee Road and future Collier Boulevard extension (CR. 95l) as providedfor on the MPUD Master Plan and identijied within the project's Transportation Impact Statement. According to submilled documents all category "A" public facilities have capacity to serve this project. Transportation Planning staff will review the project for traffic impacts and determine available capacity on affected roadways) . Adequacy of infrastructure capacity, particularly roads. (Project will be linked to adjacent arterial roadways, Immokalee Road and future Collier Boulevard extension (CR. 951), as provided fbr on the MPUD Master Plan and identified within the project's Transportation Impact Statement. According to submilled documents all categOlY "A" public facilities have capacity to serve this project. Transportation Planning staff will review the project for traffic impacts and determine available capacity on affected roadways) . Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. (The commercial component will be linked to the adjacent arterial roadways and located adjacent to undeveloped property designated Urban-Commercial District, Mixed-Use Activity Center Subdistrict. The residential component, open space, recreation, and a preservation area, will ahutundeveloped parcels zoned Rural Agricultural as providedfor on the MPUD Master Plan. A detailed compatibility review will be pelfrJrmed by Zoning and Land Development Review staff) . Natural or man-made constraints. (There are no known constraints. The suhmilled aerial appears to show that virtually all of the subject properly has been cleared) . Rezoning critcria identified in the Land Development Code. (Provided for in the MPUD rezone application. Further, these criteria will be reviewed by the Zoning and Land Development Review staff) . Conformance with Access Management Plan provisions for Mixed-Use Activity Centers containcd in the LDC. (Provided for on MPUD Master Plan. Further, Transportation Planning Staffwill review the project for conformance with this LDC provision.) PUDZ-05-AR-8284, TREE FARM M?UD Page 11 of29 cepe MEETING MAY 17, 2007 J Agenda Item No" 3B June 26. 2007 Page 22 of 339 . Coordinate traffic flow on-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating: on-site traffic movements; access point location and type; median opcning locations and type on the abutting roadway(s); location of traffic signals on the abutting roadway(s); and internal and external vehicular and pedesu"ian interconnections. (Providedfor on MPUD Mastel' Plan. Further, Transportation Planning StC/ff will provide a more detailed review) . Interconnection(s) for pedestrian, bicycles and motor vehicles with existing and futll1'e adjacent projects. (A future vehicular inter-connection with undeveloped property to the west of the subject project is provided for on the MPUD Master Plan and 'within the MPUD Document. The petitioner has agreed to provide pedestrian and bicycle interconnections to adjacent undeveloped properties) . Conformance with architectural design standards as identified in the LDC. (Zoning and Land Development Review staff will provide a detailed review of the required design standards during review of the subsequent development orders). FLUE Objective 7, and associated Policies, encourages shared access and project interconnections. The applicant is encouraged to implement appropriate policies under this objective that SUPPOlt smart growth, including walkability and intercollilections with adjoining propetties. FLUE Policy 5.4 provides all rezoning must be compatible with the OMP. Comprehensive Plalming leaves the determination of compatibility to the Zoning and Land Development Review Staff as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis. staff concludes the following: I. The proposed commercial squarc fcct on the subject site appears to be excessive at this time, given the existing and potcntial commercial developmcnt within the immediate defined market area (refer to the Commercial Needs Analysis and Inventory, prepared by Fishkind and Associates, Inc.), and the actual developable land area of 14.35 for the proposed mix of commercial and required residential development. 2. The requested project density proposed outside of the Mixed-Use Activity Center boundary may be dcemed consistent with the Future Land Use Element. The proposed distribution of density outside the Mixed Use Activity Center is consistent with thc EAR-based amendments as adopted by the Board of County Commissioners in January 2007. The Depaltment of Community Affairs issued its Notice of Intent to find the relevant EAR-based amcndment in compliance on May 1, 2007. If a timely challenge is not filed the effective date of the an1endment will be on or about May 24, 2007. 3. Thc proposed commercial and residential uses may be deemed consistent with the FLUE. 4. The following changes to the PUD should be made: a. Reduce the total commercial square feet allowed in the MPUD, in light of the existing inventory and future commercial within the Activity Center, within a 2-mile radius, and within the defined market arca, as identified in the Commercial Needs Analysis and InventolY. (Total site 18.69 acres - 4.34 acres reserved for right-of-way yields ] 4.35 acres of developable land for commercial and required residential development. Apply the genera\1y accepted industty standard of 10,000 square feet/acre for retail PUDZ-05-AR-B284, TREE FARM MPUD Page 12 of29 cepe MEETING MA.Y 17, 2007 ,L\qenda I[em I\Jo 88 . June 26, 2007 Page 23 of 339 development which yields 143,500 square feet. Though this figure is higher than the 8,500 sq, ft. per acre for all commercial development per the County's 1994 Build-out Study it provides the applicant grcatcr flexibility to achieve a mixture of retail, ofJice, and other uses,) b, Adjust thc ratio of retail commercial to office squarc feet to reflect a more appropriate dcvelopment mix that addresses the immediate demand for office spacc in the 2-mile market area, as identificd in thc Commercial Needs Analysis and Inventory, Transportation Element: The CR-846 / CR-95 I intersection and approaching roadways arc all cUl1'ently under construction and antidpaLed Lo be substantially complete by the first quarter of 2009, The project traffic is consistent with policy 5.1 of the TranspOliation Element in the GMP for the immediately adjacent roadway network. The next impacted links on both Immokalee Road and Collier Boulevard have not been let for construction but are scheduled to conmlcnce construction within the 5 year planning period. Thc Immokalee Road and 1-75 interchangc is included in the approved 1-75 contract Collier Boulevard south of Golden Gate Boulevard is cU1Tently in the design phase and included in the 2008 construction schedulc. The project is consistcnt with Policy 7.3 of the Transportation clement by providing and interconnection to facilitate traflic circulation. Transportation Staff has reviewed thc projcct and finds it consistent with Policy 5.1 of the Transportation Element in the GMP with respect to capacity available and proposed additional mitigation. Transportation Staff recommends approval of the Tree Farm MPUD. ANALYSIS: Staff completcd a comprehensive evaluation of this land use petition and the critcria on which a favorable determination must bc based. These criteria are specifically stated in Section 10.03.05 of the LDC and required staff evaluation and comment. The Planning Commission to the BCC also uses these critcria as the basis for their recommcndation. Appropriate evaluation of petitions [or amcndments to PUDs should cstablish a factual basis for suppOliive action by appointed and electcd decision-makers. Each of the potential impacts or considerations idcntified during the staffrcvicw are listed under each of the criterion noted and arc summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These cvaluations are completed as separate documents and are attached to the staff repoli (See Exhibit "A" and Exhibit "B"). Affordable Housing Impact: No dcvelopcr commitments have been identified to provide for low income or affordable housing within the project. Environmental Analvsis: As mentioned prcviously, this propeliy had bcen a party in a "Conscnt Agreement" for removing native vegetation without a pcrmit. EnvirOlilllental Serviccs staff has reviewed the petition and the MPUD Documcnt to address any environmcntal concerns and recommends approval subject to the envirol1l11eutal commitments contained in the MPUD Documcnt. The Environmental Advisory Council (EAC) was not required to review this pctition because the subjcct property had been previously impacted with the previous uses. PUUZ-05-AR-8284, TR~E FA&~ MPUD Page t3 of29 cepe MEETING MAY 17, 2007 r Agenda Item No. 8B June 26, 2007 Page 24 of 339 Transportation Analvsis: Staff has reviewed the project with respect to the future needs of the Conier Boulevard and Immokalee Road intersection with respect to the Sing Point Urban Interchange (SPUI) Concept Plan and consideration for the extension of CR -951. The devcloper has agreed to donate, at no cost to the County, significant right- of-way for the intersection and roadway cxtension. The total right-of-way donation is approximately eight acres. The developer has also agreed to provide water management facilities for the entire property frontage along the future CR-95l for half of the roadway storm water needs. The other half of the roadway water managcment facilities is being provided for within Heritage Bay. The developer has agreed to construct the greenway adjacent to his site, and provide parking for access to the greenway. The applicant has also agreed to pay its fair share with the adjaccnt development, to facilitate significant bridge improvements on the north side of the intersection. Staff recommends that all offsite improvements on the Collicr Boulevard Extension, which will bc constructed by Collier County, shall be paid in full by the petitioner with rcspect to the actual costs; including design, permitting, mitigation, and construction, The following transportation elements were included in the petition: . Payment in lieu of sidewalks and bike lanes. . Throat depth for the main access drive shall be no less than 100-feet. . The turn-around area shall have surficient width and sufficient inside turning radii bctween access device and gate. . Access limitations to right-in and right-mLt only, with no median opcnings on Collier Boulevard . Privatc maintenance of internal roadway and sidewalk systems. . No work shall be performcd within the site boundaries until all developer commitments havc bcen met. . Bridgc widening or other modification shall require appropriate permits from South I'lorida Water Management District (SFWMD). Transportation Department Staff has reviewed the petition and has recommcnded approval, subject to the conditions contained in Exhibit "1" 1." of the Application, and which has been incorporated into the Ordinance for adoption, Utili tv Issues: The Utilities Departmcnt Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.6.5 of the MPUD Documcnt, which includes the reservation of two 100-foot by 100-foot raw water well easements. Zoning and Land Development Review Analvsis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considcrations include an assessment of adequacy of transportation infrasttucture, other infrasttucturc, and compatibility with adjacent land u,es. In addition, staff offer, the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. The subject property is designated Urban-Commercial District, PODZ-05-AR-8284, TREE FARM MPUD rage [40f29 cepe MEETING ~~y 17, 2007 Agenda item No. 8B June 26 2007 Page 25 of 339 Mixed-Use Activity Center Subdistrict (#3), and the remaining 40.15:t acres, inelusive of the acreage reserved for future right-of-way, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the FLUM of the GMP. These districts permit a mix of commercial and residential uses, as proposed, at the density proposed. Staff believes that thc petitioner's requested uses lmd density are compatible with the FLUE, thus this petition is consistent with the GMP. ---_...~- ~,.._--,,---" ,--_._- ....-.---. ----r ..... ,- , ----.-- Un -I IPRO,JECT CO~r\Rl~ONIAB!,.E I , , , I I i , I .-..- ,-... ....i .. i i i -- --r- TOTAL PRo.mer AREA RESIDENTIAL COMMERGAL SIll MULTI- AFrolIDffilli TOTAL S/F AITAClIID m\VNlI()M!S FAMILY HOLSING Nll\1BTIR IIflGIU" HUGHr HFIGHT I-ffiIGHf U'>'Ir OFIJNITS DI'NSfIY TOTALSI' HFlr-ln' TREE FARM M PUD 58+ Ac. 2 story!42' 2 sfolvf4Z' .2 siory14Z' 2 story/50' 0 425 7.22 200,000 50/65' RICHLAND PUD 150 Ac. 35' 35' 35' 35' 0 650 4.3 150,000 50' HERITAGE SAY PUD 2.562 Ac. 35' 50' 50' 65' 0 3,450 1.3 230,000 50165' MlRASOL PUD 1.558 Ac. 35' 35' 35' 50' 0 799 0.51 0 0 Relationship to Existing Land Uses - The suhject propcrty is located in the Rural Agricultural (A) district. Prcsently, the subject propcrty has becn altered extensively through past plant nursery uscs, and currently contains accessory structures. Immediately to thc north of the suhject propcrty is undeveloped woodlands, and to the north and wcst, thc proposed residential development Mirasol RPUD, which was approved for a total of 799 dwelling units on 1,558 acres (0.51 dwelling units pcr acre) has been placed on hold due to an injunction brought forward by the Conservancy of southwest Florida and othcr parties. The Heritage Bay PIJD/DRI, which is located to thc east, has started construction, and was approved (or 3,450 dwelling units on 2,562 acres (1.3 dwelling units per acrc) and 230,000 square feet of commercial area. The Richland I'UD, which is located south of the subject property, was approved for 650 dwelling units on 150 acres (4.3 dwelling units per acre). Staff believes the density of 7.22 dwelling units per acre exceeds the rcsidential density of the sUlTounding residential developmcnts, but is consistent with the Urban-Commercial District, Mixed- Use Activity Center Subdistrict (#3) and the Residential Density Band, which thc subject property is locatcd within. The proposed uses for the project are: compatible with, and comparahle to surrounding development; will not adversely impact the existing residential land uscs in the area subject to the ameliorating elements such as walls and landscaping that is proposed around boundaries of the commercial and residcntial dcvelopment area; wi1lmeet the goals of tlle GMP; and enhance the aesthetic quality of this area. In addition, the maximum building zoned height is 42-feet for the single-family, single-family attached, and townhome dwelling units and 50-feet for multi- family dwelling units. This is comparable to the 35 to 50-foot maximum hcight for single-family, single-family attached, and town-home and 35 to 65-feet for multi-family dwelling units for adjoining planned developments. The opportunity to provide an interconnection bctween tlle Activity Center/Commercial District, and Residential Districts, and with the adjacent properties, mects Objective 9 of the Transportation Element for the GMP, which recommends that future developments should strive to provide interconnections of local streets between developments to facilitate PDDZ-OS-AR-8284, TREE FA1U1 MPUD Page 15 of29 cepe ME:ETING NAY 17, 20()7 I Agenda Item No. 8B June 26. 2007 Page 26 of 339 convenient movement throughout the roadway network, and multiple points of ingress and egress for greater accessibility for public safety. Staff is of the opinion that the proposed development standards are comparable to the surrounding developments. Deviation Discussion: The petitioner is seeking three deviations as identified in "Exhibit C" of the MPUD Document. The petitioner has provided justification in SUPPOlt of the deviations in conespondenee received by the staff with the application on December I, 2004 (Exhibit D). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 6.06.01 (0) and LDC Appendix B B-3m land Section III Exhibit "A", Design Requirements for Subdivisions C.13.e of the administrative Code for Collier County Construction Standards Manual adoptcd through Ordinance No. 04-66 for the 60 foot right- of-way width requirements. Thc pctitioncr is seeking relieffrom the requirement to providc a 60-foot wide local road right-of-way. The petitioner is proposing that: The private roadway shall have a 50 foot right-of-way width. The petitioner provided the following justification for this deviation: "That this deviatioll has beell routinely granted and this width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. " Staff is supportive of Dcviation No. I with the stipulation that the streets shall remain private. The proposed interior roadway system is privately maintained. StatI, thcrefore, finds the deviation in compliancc with LDC Section I O.02.13.AJ, in that the petitioner has demonstrated that, "the element may be waived without a detrimental etIect on the health, safety and welfare ofthe community." Deviation 2 seeks relief from LDC Section 5.04.04.B.5.c for the number ofmodcl homes pelmitted within a project to a maximum of five. The petitioner is seeking relicf from the required maximum of five model homes. The petitioner is proposing: Tree Farm MPUD may have one model home representing each type of residential product. Thc number of model homes may exceed five, but shall not exceed a total of ten. The petitioner provided the following justification for this deviation: "In an effort to provide a variety oj residence styles and floor plans within residential development, it is essential not to arbitmrily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. This deviation is appropriate, and does not negatively affect the health and safety, 01' welfare of the future residents of the development. A reasonable limitation on the number of models has been providedfor in the MPUD Document. " PUDZ-05-AR-B284, TRE~ FARM MPUD Page 16 of29 cepe MEETING MAY 17, 2007 Aaenda Item [\jo. 88 .. June 26. 2007 Page 27 of 339 Staff is not supportive of Deviation No.2. Thc LUC maximum limitation of five model homes is not arbitrary. Allowing for five models per project provides tbe dcveloper the oppOliunity to demonstrale the different products that can be provided. It also provides a limitation to the use of land provided for this temporary use. Staff, therefore, finds the deviation not to he in compliance with LDC Section 1O.02.13.AJ in that the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the conmmnity." Deviation 3 sceks relief from LDC Seetion 5.06.06.C.15.b.i., allowing for an off-premise sign exceeding thc maximum allowable 12 square feet, limited to a maximum of 16 square feet, and from Section 5.06.05.C.15.b.v. which requires that the off-premise sign be located within 1000 feet of the intersection of the atierial roadway providing access to the building, stmcture or use, allowing the on~ premisc sign to be located in thc general vicinity of the access to Irmnokalee Road from the project directly adjacent to and west of Tree Fann MPUD, generally located across from the access to Pebble brook (Richland PUDlo The petitioncr is proposing: The pctitioner proposcs to a maximum area of 16 square feet, and the off-premise sign be located within 1 ,320-fect of the intersection of the atierial roadway providing access to the building. Thc petitioner provided thc following justification for this deviation: "This deviation is requested since, as required by Transportation Services, and certainly benl!:ficial both to the development and the public at large, we will have a significant o.ff-site access point on Collier Boulevard and it will be helpful fiJl' visitor and employees to the commercial site (and guests of resident;) to be able to see adequate signage alertinf.: them of access to the projectli'om Collier Boulevard). The LDe allows for a maximum 12 square foot (3 x 4) off-premises sign. Given the current and future width of 1mmokalee Road and trafjic volume and speed, we are requestinp; a slightly larger (4 x 4) off-premise sign size allowance. We are requesting relief from the 1,000 foot maximum distance from the intersection of the arterial roadway that serves the building, structure or use, in order to provide maximumflexihility as to the eventual location o.f the off-premise sign, sign the exact location of the access to 1mmokalee Road fi'om the property to our west has not yet been determined. While the adjacent property is presently zoned "A" Agriculture, it falls within the Activity Center Boundmy and thlL~ one can presume that it will be developed with commercial uses and will most likely be rezoned to a CPUD or MPUD. In any case, the deviation is justified and we have requested only minimum relief". Staff is supportive of Deviation No.3. The LDC regulations for off-premises directional signs provide a base unifonll standard. As identified by the applicant, due to the existing and future widening of lmmokalee Road, traffic volume traffic spced and the future aeccss from the propeliy to the west, the request for a slightly larger area sign and fuliher distance to be able to coordinate CI'OSS- assess at controlled vehicular crossings. Staff, therefore, finds the dcviation to he in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "thc clcmcnt may be waived without a detrimental effect on the health, safety and welfare of the community." PUDZ-05-AR-8284, TREE Fl\RM MPlJD Page 17 of29 cepe MEF.TING MAY 17/ 2007 . Agenda Item No. 88 June 26, 2007 Page 28 of 339 NEIGHBORHOOD INFORMA nON MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent/applicant duly noticed and held the requircd NIM on February 14,2007 at 5:30 p,m. in the Oakridge Middle School Cafe. The applicant's team and Collier County staff was in attcndance. However, no one from the public anived. The meeting dispersed at approximately 5:50 p.m. ST AI<'F RECOMMENDA nON: Zoning and Land Development Review Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-05-AR-8284 subject to the conditions of approval that have been incorporated in the MPUD Document, except for the following deviation from the Land Development Code: I. A deviation from Section 5.04.04.B.5.c for the number of model homes pelmitted within a project to a maximum offive, Stafl's recommendation of approval is subject to the following conditions: 1. Approval of Dev;ation No. I . LDC Section 6.06.01 (0) and LDC Appendix B B-3m land Section III Exllibit "A", Design Requiremcnts for Subdivisions C.13.e of the administrative Code for Collier County Construction Standards Manual adopted throngh Ordinance No. 04.66 for the 60 foot right-of-way width requirements to a 50 foot right-of-way width, provided that the roadway is maintained as a private roadway system. 2. Approval of Deviation No.3 - LDC Section 5.06.06.C.15.b.i., allowing for an off-premise sign exceeding the maximum allowable 12 square feet, limited to a maximum of 16 square foot, and from Seotion 5.06.05.C.15,b.v. which requiros that the off-premise sign be located within 1000 feet of the intersection of the alierial roadway providing access to the building, stmcture or use, allowing the off-premise sign to be locatcd in the general vicinity of the access to ImIllokalee Road from the project directly adjacent to and west of Tree Farm MPUD, generally located across froIll the access to Pebblebrook (Richland PUD). 3. Reduce the total commercial square fect allowed in the MPtID, in light of the el<isting inventory and future commercial within the Activity Center, within a 2-miJe radius, and within the defined market area, as identified in the Commercial Needs Analysis and Inveutory. (Total site 18.69 acres _ 4.34 acres reserved for right.of-way yields 14.35 acres of developable land for commercial and required residential development. Apply the generally accepted industry standard of 10,000 square feet/acre for retail development which yields 143,500 square feet. Though this figure is higher than the 8,500 sq. ft. per acre for all commercial development per the County's 1994 Build-out Study it provides the applicant greater flexibility to achieve a mixture of retail, office, and other uses.) 4, Adjust the ratio of retail commercial to office square feet to reflect a more appropriate development mix that addresses the immediate demand for office space in the 2-mile market area, as identified in the Commercial Needs Analysis and Inventoty. PUDZ-OS-AR-8284, TREE FARM MPUD Page 18 of29 cepe MEETING MAY 17, 2007 ~ Agenda Item No. 88 June 26, 2007 Page 29 of 339 REVIEWED BY: '--J'L~QA,i .rn .~dLlJk-~l MARJO EM. STUDE T-STIRLINd U ASSISTANT COUNTY ATTORNEY ~15: OWS, ZONING MANAGER DEPAR ENT OF ZONING AND LAND DEVELOPMENT R 'VIEW I , flll/O?- . DATE 4/'fco7 DATE L:2 SUS ,IS ENES, AICP, DIRE TOR DEPAR MENT OF ZONING AND LAND DEVELOPMENT REVIEW 4-.;(;, 07 DATE APP:;;;'~ .-.~---'"' /; ;0 ~PH K. SCHMITT DMINISTRATOR C MMUNITY DEVELOPMENT & VIRONMENTAL SERVICES DIVISION ~! ~/o z D TE Tentatively scheduled for the June 26, 2007 Board of County Commissioners Meeting G COMMISSION: Exhibit A - Zoning Findings Exhibit B - Findings for PUD PUDZ-05-AR-B2B4, TREE FARM MPUD z~ Page 19 of){f CCPe MEETING MAY 3. 2007 Agenda Item No. 88 June 26, 2007 Page 30 of 339 REZONE FINDINGS PETITION PUDZ-05-AR-8284, TREE FARM MPUD Section 10,03,OS of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goal~, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject property is located within the Urban-Commercial District, Mixed- Use Activity Center Subdistrict (#3) and the remaining 40. 1 5:!: acres, inclusive of the acreage reserved for future ROW, are designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the Futurc Land Use Map of the Growth Management Plan, Specific development requirements are established in the GMP, and the RPUD Application contains appropriate references assuring compliance with the provisions of the FLUE. Con: The adjacent and nearby residents may deem the proposed maximum height of SO-feet to bc incompatible with the adjoining residential properties, Findings: Based on the staffs review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and addresses the need for affordable and workforce housing. 2. The existing land use pattern; Pro: The Location and Zoning Maps that are attached to the staffrcport show the Tree Falm MPUD site is located bctwcen existing developed or developing residential and commercial properties, GMP FLUE Policy 7.1 encourages developers to COlliect to fronting collector alld arterial roads, which this site will provide access to the property from Collier Boulevard extcnsion, In addition, FLUE Policy 7.3 encourages intcrnal access or loop roads in an effort to rcduce vehicle congestion on nearby collector/alterial roads. As a result, this project proposes a shared access with the property to the west. Con: The petitioner's proposes residential uses that are at a higher density and may be deemed not compatible with the adjoining residential land uses in activity intensity, Findings: Staff believes that the petition has provided adequate ameliorating factors to offset the adverse impacts from the proposed land uses and density, EXHIBIT "An PUDZ-05-AR-B284, TREE FARM MPUD Page 20 of 29 cepe MEETING MAY 171 2001 Agenda Item No. 88 June 26, 2007 Page 31 of 339 3. The possible creation of an isolated district unrclated to adjacent and nearby districts; Pro: The Tree Farm MPUD parcel is of sufficient size that it will not result in an isolated district umelated to adjacent and nearby districts. 11 is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Review staff indicates that since the applicable adequate public facilities either exist or will be provided and that the petition is willing to phase the start and approval of the development upon the completion of critical facilities, the amendmcnt will not create an isolated district Con: None Findings: Thc subject parcel is of sufficient sizc that it will not result in an isolated district because the proposed amcndment is for a commercial district which is compatible with thc adjaccnt and nearby zoning districts, 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changc. Pro: Thc subject site adjoins a futurc six lane County roadway Collier Boulevard (CR 951) to the east, future residcntial planned development to the nOlth and west, and a six lane County roadway lmmokalee mad, then plamled mixed use development to the south, and proposed planned mixcd use development to the east. The subject site basically fits within an area that is undeveloped, Con: None Findings: The mixed use parcel boundaries are logically drawn and they are consistent with the Urban-Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15:1: acres, inelusive of the acreage rcscrvcd for future ROW, arc designated Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depictcd on the future Land Use Map of the Gro'>'.1h Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because is does not change the land use which continue to be in harmony with the GMP Future Land Use for the development of Activity Center #3 and the "Density Band" around the activity center. Con: The proposed petition was a voluntary action by the petitioner's selection of thc subject property. This site requires the Bec to make a finding that the project is consistent with the GMP, LDC. PUDZ-05-AR-8284, TR8E ~ARM MPUD Page 2101"29 cepe MEETING MAY 17, 2007 r Agenda Item No. 8B June 26, 2007 Page 32 of 339 Findings: The proposed Tree Farm MPUD is compatible with adjacent land uses due to the ameliorating element provided through landscaping buffering along the boundaries of the mixed use development area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County's current land use policies in the F.L.U.E. SUPPOlt the action to encourage the concentration of commercial activities at major roadway intersection or activity center. It also provides incentives for the development of rcsidential development within and near these activity centers. Con: Some of the sUlTounding residential home owners may oppose thc construction of additional commercial and residential activities in this arca. Findings: The proposed Tree Farm MPUD is compatible with adjacent land uses and consistent with expectcd land uscs by virtue of its consistency with the FLUE of the GMP. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Managemcnt Plan Transportation Element. The project is located at the North West comer of the Immokalee Road and Collier Boulevard intersection. The intersection and approaching roadways are all currently under construction and anticipated to be substantially complete by the I ,( quarter of 2009. The project traffic is consistent with policy 5.1 of tlle transportation element in the GMP on the immediately adjacent roadway network. The next impacted links on both Immokalee Road and Collier Boulevard have not been let for construction but are scheduled within the 5 year plalllling period for construction. The Immokalee Road and 1-75 interchange is included in the approved 1-75 contract. Collier Boulevard south of Golden Gate Boulevard is currently in the design phase and included in the 2008 construction schedule. The development has coordinated with thc adjaccnt properties and Collier County Transportation staff to provide access and interconnection to facilitate traffic circulation. Staff has reviewed the project with respect to the future needs of the Collier Boulevard (CR-95I ) and Immokalee Road intersection with respect to the Sing Point Urban Interchange concept (SPUI) plan and consideration for the extension of CR-951, The developer has agreed to donate, at no cost to the County, significant right of way for the intersection and roadway extension. The total right of way donation is approximately eight acres. The dcveloper has also agreed to provide water PUDZ-05-AR-82B4, TREE FARM MPUD Page 22 of29 cepe MEE'I.'ING MAY 11, 2007 Agenda Item No. 8B June 26, 2007 Page 33 of 339 management for the entire property frontage along the future CR-951 for half of the roadway stann water needs. The other half of the roadway water management is being provided for within Heritage Bay. The developer has agreed to construct the greenway adjacent to his site and provide parking for access to the greenway. The applicant has also agreed to pay his fair share with the adjacent developments to facilitate significant bridge improvements on the nOl1h side of the intersection. Con: None Findings: Transportation staff has reviewed the project and finds it consistent with policy 5.1 of the Transportation Element in the OMP with respect to capacity available and proposed additional mitigation. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage 01' surface water problems because the LDC and OMP have regulations in place that will ensure review for drainage on new developments, Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage gencratcd by developmcntal activitics. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the developmcnt standards that are uniquc to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) wcre designed to ensure that light penetration and circulation of air does not adverscly affect adjacent areas. 10. Whether the pmposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent or underutiIized land, Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value, The mere fact that a property is given a new zoning PUDZ-05-AR-8284T TREE FARM MPUD Page 23 of 29 cepe MEETING MAY 17, 2007 r Agenda Item No. 8B June 26, 2007 Page 34 of 339 designation or amendment mayor may not affect value. However, staff is of the opinion that this petition could adversely affect property values based on the projects incompatibility to the Land Development Code and the adjoining property as identified previously, Findings: This is a subjective determination based upon anticipated results which may be internal or extemal to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in detelTence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the pnblic welfare; Pro: The subject property is designated Urban-Commercial District, Mixcd-Use Activity Center Subdistrict (#3) and the remaining 40.15:!: acres, inclusive of the acreage reserved for future ROW, are designatcd Urban-Mixed Use District, Residential Subdistrict, and are within a Residential Density Band, as depicted on the Future Land Use Map of the Growth Management Plan. The purpose of this subdistrict is to provide for higher densities of mixed uscs in Activity Center #3 with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: None Findings: The proposed rezone complies with the land use designation of the Urban- Commercial District, Mixed-Use Activity Center Subdistrict (#3) and the remaining 40.15:!: acres, inclusive of the acreage reserved for future ROW, are designated Urban- Mixed Use District, Residential Subdistrict, and are within a Rcsidential Density Band, as depicted on the FLUM of the GMP, which is a public policy statement supporting zoning actions when they are consisttmt with the entire GMP, 13. Whether there are substantial reasons why the property cannot be nsed in accordance with existing zoning; PUDZ-05-AR-B2S4, TREE FARM MPUD Page 24 of 29 cepe MEETING MAY 17, 2007 Agenda Item No. 88 June 26, 2007 Page 35 of 339 Pro: The existing Rural Agricultural (A) zoning does not provide the variety of pcrmitted land uses or density needed to develop the subject property for commercial and residential uses. Con: None Findings: The proposed rezone conforms to the future land use element of the GMP because it will be used in accordance with the Future Land Use Element of the GMP for Activity Center Subdistrict #3 and the "Residential Density Band" area around the Activity Ccnter. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed zoning amendment meets all objective criteria set fenth for the GMP Future Land Use Element Policy 5.3 and confOlIDs to the purpose and intent of the GMP and all its elements, Con: None Findings: The proposed zoning is designed in a manner that is compatible with sun-ounding propcrty in size and scale, 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable Findings: There are many sites, which are zoned to accommodate the proposed development. This is not thc detennining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements oftbe GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the pl'Oposed, zoning classification. Pro: Any development of this site would require considerablc sitc alteration with the existing 01' thc proposed zoning. Con: None Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. PUDZ-05-AR-B2B4, TREE FARM MPUD Page 25 of29 cepe MEETING ~my 17, 2007 r Agenda Item No. 8B June 26, 2007 Page 36 of 339 17. The impact of development on the availability of adequate public facilities and services, consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable Findings: A multi-disciplined team responsible for reviewing judsdictional elements of the GMP and the LDC, public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval, A final detelmination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. PUDZ-05-AR-82B4, TREE FARM MPUD Page 26 of29 cepe M~ETING MAY 11, 2007 FINDINGS FOR PUD PETITION PUDZ-05-AR-8284, TREE FARM MPUD Agenda Item No. 8B June 26, 2007 Page 37 of 339 Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surronnding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with commercial and residential uses and the petition is for mixed commercial and residential uses. The petitioner is setting aside a preserve area and has agreed to provide a future intercOlmect to property to the west, and has agreed to provide approximately 8.02: acres of land for the future extension of Collier Boulevard. The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by commercial and residential uses at a density that is lower than the proposed residcntial petition. Findings: The proposed change increases density but meets the criteria provided for in Activity Center Subdistrict #3. The petition wi1l be in compliance with all county regulations; therefore the project is suitable for the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contl'act, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing opcration and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable Findings: Documents submitted with the Tree Farm MPUD application provide evidence of unified control. The Land Development Code and the Ordinance of Adoption makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The applicant has identified in the Application for Tree Farm MPUD that it will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: None PUDZ-05-AR-8284, TREE FARM MPUD EXHIBiT "B" Page 27 of 29 cepe MEETING MAY 17. 2007 y Agenda Item No. 86 June 26, 2007 Page 38 of 339 Findings: The subject petition has been found consistent with the goals, objectives and policies of the OMP. The staff repOlt expounds in detail of how the project is deemed consistent with the OMP, 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed mixed use criteria of Activity Center Subdistrict #3 consisting of residential units located above commercial uses, in an attached building, or in a fi'eestanding building - are allowed, Such mixed use projects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent projects _ whether commercial 01' residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Centcr, the eligible density is 16 dwelling units pel' acre. The actual residential development proposed within the boundaries of the Activity Center is 44 units (2.35 Dwelling Units/Acre) with the remaining 100 units to be shifted/developed outside the Activity Centcr boundarics, contrary to the FLUE provision above. As proposed, this shifting/reallocation of units from the Activity Center acreage to the lands outside the Activity Center boundaries incrcascs the overall density on these lands from 7 Dwelling Units/Acre to 9.48 Dwelling Units/Acre or 281 units to 381 units. residential development provides 238 dwelling units Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the sun'oUllding uscs. S. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements ofthhty pcrcent. Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. The proposed Trce Fann Road MPUD is compatible with adjacent land uses due to the ameliorating clement provided through landscaping buffering along boundaries of the mixed use and residential development area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. PUDZ-05-AR-82B4, TREE FARM MPUD Page 28 of29 cepe MEETING MAY 17, 2007 Pro/Con: Evaluation not applicable Agenda Item No. 88 June 26, 2007 Page 39 of 339 Findings: The proposed Tree Farm MPUD will not adversely impact the tImIng or sequence of development that is cunently allowed in the area. Furthermore, the adopted concunency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is conected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable Findings: Ability, as applied in this context, implies supporting infrastlUcture such as wastewater disposal system, potable water supplies, characteristics of the propelty relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with pun regulations, or as to desirable modifications of sueh regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: The petitioner has submitted a request for three deviations within the PUD Document. · A deviation seeks relief from the required 60-foot wide local road right-of-way. The petitioner is proposing that the private roadway shall have a 50 foot right-of-way width. · A deviation seeks relief from the number of model homes pemlitted within a project to a maximum of five. The petitioner is proposing a maximum of ten model homes not be exceeded. · A deviation seeks relief from the maximum sign are allowed for off-premises directional signs of the required maximum of 12 square feet, and the requirement that the off-premise sign be located within 1,000-feet of the intersection of the alterial roadway providing access to the building. The petitioner proposes to all a maximum of 16 square feet and the off-premise sign be located within 1,320-feet of the intersection of the artcrial roadway providing access to the building. Con: The requirements provided within the LDC are applicable for the health, safety and welfare of the citizens and visitors of Collier County Findings: Staff is sUPPoltive of Dcviation No. I with the stipulation that the streets shall remain private. The proposed interior roadway system is privately maintained. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has demonstrated that "the clement may be waived without a detrimental effect on the health, safety and welfare of the community." The staff is not suppOltive of Deviation #2 or Deviation #3. l'UDZ-05-AR-8284, TREE FA,wr MPlJD Page 29 of29 cepe MEETING MAY 17, 2007 J Agenda Item No. 86 June 26, 2007 Page 40 of 339 ORDINANCE NO. 07 '_ AN ORDINANCE OF mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004- 41 AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) WHICH' INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRlATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HERElN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO TIlE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS mE TREE FARM MPUD CONSISTING OF A MAXIMUM OF 200,000 SQUARE FEET OF COMMERCIAL USES: AND A MAXIMUM OF 425 RESIDENTIAL UNITS LOCATED AT TilE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSI![P 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 58,84 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulherc, AICP, or RWA, Inc., repl'esenting the Tree Fal'm Land Trust, petitioned the Board of Count)' OJmmissioners to change the zoning c1assiflcation of the herein described real property, known us petition PUDZ-2005.AR.82R4. NOW, THEREFORE, BE IT ORDAINED BY mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOlUDA, 'hat: SECTION ONE, The zeming clns9ification of the herei.n described real property located in Section 22, Township 48 Soutll, Range 26 East, C()1lier County, Florida. is changed from the Agricultural (A) Zoning Dlstrict to the Mixeu-Use Planned Unit Development (MPUD) ZGning District for a project to be known as Tree Farm MPUD cons.isting of a maximum of 200,000 sqmlre feet of commercial usc!'.; and a maximum of 1125 residential units in accordance with 1he Tree Farm MPUP Document, auached hereto as I!.xhlbit "A" and incorporated by reference herein. The appropriate zonh\& atlas map or maps as described in Ordimmce Nlilll00r 2004.41, as amended, the Collier County Land Development Code (LDC), is/are hereby amended accordingly. SECTION TWO: This. Ordinance shaH become effective tlpon flling with the Florida Department of State. PASSED AND DULY ADOPTED by the Botlrd of County Commissioners of Cotticr Couuty~ florida, this ~ day uf_ ,2007. BOARD 01' COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TrEST: DWIGHT E. BROCK, CLERK By: By: JAMES COLEITA, CHAIRMAN Deputy Clerk Approved as to form llnd ~gal sufficiency Marjorie M. Student~StLrlillg Assistant County ^ttomey PUDZ-2005-AR-8284/MD/,p lof 1 Agenda Item No. 86 June 26, 2007 Page 41 of 339 ORDINANCE NO. 07-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) WHICH INCLUDES mE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, PLORlDA BY AMENDING THE APPROPRlATE ZONING ATLAS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRlSED REAL PROPERTY PROM TIlE AGRlCUL TURAL (A) ZONING DISTRlCT TO THE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUlJ) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE TREE r ARM MPUD CONSISTINO OF A MAXIMUM OF 200,000 SQUARE FEET OF COMMERCIAL USES; AND A MAXIMUM OF 425 RESIDENTIAL UNITS LOCATED AT THE INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 58.84 ACRES; AND SY PROVIlJING AN EFFECTIVE DATE. WHEREAS, Robert MuUlCre, AICP, of RWA, Inc., representing the Tree Fann Land Tnlst, petitioned the Board of County Conunissiollcrs to chunge the 7.Oning classification Gf the herein described real propelty, k!l()wn as petilion PUDZ-2005~AR~8284. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ON~, The zoning Clllssificfltion of the herein described real property IOClltcd in Section 22. Township 48 SOllth, Range 26 East, Collier County. Florida, l!i changed from the Agricultural (^) Zoning Disll'ictto the Mixed-Use Planned Unit Development (MPUD) Zoning District for a project to be known as Tree Farm MPlJD consisting of II mnximu1TI of 200,000 square feet of wmmercial uses; and a maximum of 425 resi<lcnlialllnits in nccordance with Ih~ Tree Flinn MPUD Documenl, attached hereto a<l Exhibit "A" and incorporated by reference l1erchl. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collit:!' County 1...1no Development Code (LDC), is/m.e hereby amcndel1 accordingly. ~CTION TWO: This Ordinance sllall become effective upon filing wilh Ihe Florida Depllrtment of SI11Ce. PASSED AND DULY ADOPTED by the Doard of Counly Commissioners of CoWer County, Floridll, tllis _ day of __,2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TIEST: DWIGHT E. BROCK, CLJ;RK By: JAMES COLEITA, CHAIRMAN By:__ Deputy Clerk Appl'oved as to form and legal sufficiency MaQoric M. Student-Stirling Assi"tllllt Count)' Attorney PUDZ-2005-A R-8284,'MD/sp 1 of 1 . Agenda Item No. 8B June 26, 2007 Page 42 of 339 TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TREE FARM LAND TRUST 2600 GOLDEN GATE PARKWAY, SUITE 105 NAPLES, FLORIDA 34105 PREPARED BY: R\lIA~C. -L.... y.,..L ..... 66 I 0 Willow Park Drive Suite 200 Naples, Florida 34 109 and GEORGE 1. VARNADOE, ESQUIRE PASSIDOMO, CHEFFY & JOHNSON, LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND APPEAL: EXHIBIT "A" G:\DeRuntz\Rezoning\AR-&2S4 Tree Farm Road MPUD\PUD DGCulUents\Trcc Farm MPUD .04-16-07.doo 10f28 TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT (C) SECTION IV RESIDENTIAL DISTRICT (R) SECTION V PRESERVE DISTRICT (P) SECTION VI DEVEJ ,OPMENT COMMITMENTS G:\DcRul1tz\Ro7.oning\AR_8284 Tree Farm Road MPUD\PUD Documents\Tree Farm MP(JD - 04-16~07.doc . Agenda Item No. 88 June 26, 2007 Page 43 of 339 20f28 Agenda Item No. 8B June 26, 2007 Page 44 of 339 LIST OF EXHIDIT AND TABLES EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "c" SCHEDULE OF DEVIATIONS EXHIBIT "D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT G:\DcRulllz\Rezoning\AR-&284 Tree Farm Road MPUO\PUD Documents\Trcc Farm MPUD M 04-16-07.doc 3 of28 Agenda Item No. 88 June 26, 2007 Page 45 of 339 STATEMENT OF COMPLIANCE The development of ~58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development (MPUD) to be known as the Tree Falm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances, The commercial and residential uses and recreational facilities of the Tree Falm MPUD will be consistent with the growth polieics, land development regulations, alld applicable comprehensive plalming objectives of each of the GMP clements for the following reasons: 1, The subject property is 58,84+/- acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Conunercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective I of the Future Land Usc Element (FLUE), all uscs contemplated are consistent with these respective designations. 2. Approximately ] 8,69 acrcs of the subject property is located within an area identified as Activity Center #3 in the FLUE of the GMP for Collier Counly, 3. Activity Centers are the preferred locations 101' concentration of commercial and mixed use development activities. The subject property is located on the northwcst corner of the interscction of Immokalee Road and the future Collier Boulevard (C.R. 951) Extension, This strategic location will allow superior access to the site, and provide an idcallocation for commercial activitics. The project is a mixcd usc dcvelopment located within, and less than one mile from, an Activity Center, Thcrefore, the proposed commercial uses and residential densities al'e consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to cxisting and planned surrounding land uses (Policy 5.4). 5. By virtue that the project must comply with the provisions of Division 6.02.01, of the LDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Concurrency Managemcnt Element, Objective 1.2 of the Sanity Sewer Sub-Element, and Objective].5 of the Recreation and Open Space Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: G:\DeRuntz\Rezoning\AR_8284 Tree Fann Road MPUD\PUD DOCllmel1ts\Tree Farm MPUD _ 04-16~07.doc 40f28 Agenda Item No. 8B June 26, 2007 Page 46 of 339 18.69 16 Eligible Bonus Density/Acre N/A Iota,l Eligible Densi / Acre 16 Eligibl{..... Gross" .. . Densi. 299.04 Mixed Use Activity Center Subdistrict Urban Residential Subdistrict, Density Band Total Eligible Base Units/Acre. . 40.15 4 3 7 281.05 58.84 N/A N/A 9.85 Table IA: FLUE Eligible Density (* Rounded) 580.00* FI-l,JEl)esignatiol").:. ACl~S . MPU[) Density ?ligible lv1PlJD . Gross ..... +/": Units/Acre> . Density/Acre Density Mixed Use Activity 18.69 7.70 16 143.91 Center Subdistrict Urban Residential 40.15 4.00 7 281.05 Subdistrict, Density Band 425.00-- Total 58.84 7.22 9.85 . Table IB: MPUD Density (Rounded) 7. The MPUD sets forth a maximum density of 425 dwelling units or 7.22 dwelling units per acre. The MPUD requires that a minimum of 44 dwelling units be constructed within the Activity Center pOltion of the projcct. Additionally, the balance of the density accumulated from the Actiyity Center acreage, or 100 units, shall be located within one third (113) of a mile of the Activity Ccnter boundary. The portion of the project within the Activity Center shall be: developed at a human scale; pedestrian-oriented; and, intercOlmected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. G:\DeRuntz\Rewning\AR-8284 Tree Farm Road MPUD\PUD Documents\Tree Farm MPUD - 04-16~07.doc 5 of28 Agenda Item No. 8B June 26, 2007 Page 47 of 339 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWA Y RlGHT-OF-WA Y. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF - WAY. PARCEL 3: TIlE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF- WAY. COMMENCING AT TIIE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00050'18" E" A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGIIT-OF- WAY; THENCE LEAVING THE SAID EAST LINE, N. 89057'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; G:\DeRuJltz\Rezoning\AR-8284 Tree FlJrm Road MPUO\PlJD Doculllcnts\Tree Fltnn MPUD .04-16-07.doc 60f28 Agenda Item No. 8B June 26, 2007 Page 48 of 339 THENCE LEAVING THE SAID NORTH LINE, N. 00044'25" W" A DISTANCE OF 2568.56 FEET TO A POINT ON TIffi EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00045'01" W., A DISTANCE OF 1334,03 FEET; THENCE N. 89056'17" E., A DISTANCE OF 653.36 FEET TO TI-IB POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S. Monaghan (Folio: 00187400000, 00187400002, and 00188040005) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust. All reference to the "developer" as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject propelty described and depicted in this MPUD Documcnt is conveyed, or assigned. It is the responsibility of the Tree Fann Land Trust to notifY Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of 0105 8 ,84 acres located in the nOlthwest comer of the intersection ofImmokalee Road (CR 846) and the future extension of Collier Boulevard (C.R. 951). The property was previously used as a tree nurscry. Improvcments on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea lcvel. The water management system will consist of approximately 0107.2 acres of water management arcas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvelt systcms for conveyance to the project's intemallake system, The project outfall will be at the project's eastem boundary. Dischargc will be into the Cocohatchee Canal that runs along Immokalee Road, Allowable discharge rates wiIl be in accordance with applicable County ordinances. The water management system wiIl be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Pennit (ERP) process. Allrulcs and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. G;\DeRulllz\Rezoning\AR-8284 Tree Farm Road MPUD\PUD DOCllmellts\Tree Farm MPUD - 04-16-07,doc 70f28 Agenda Item No. 8B June 26, 2007 Page 49 of 339 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern '"18,65 acres of the property, located within Activity Center #3, shall allow for a variety of commercial and residential uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the propelty are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps, restaurants, banks, and shopping ccnters anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and hmmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential portion of the project include, but are not limited to structures (clubhouse), and complimentalY areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native prescrves) and active recreational oPpOltunities, Access to the propetty will be from the nlture extension of Collier Boulevard (C.R. 951) and will include an acccss point off lmmokalee Road, when a shared access agrecment with the adjacent property to the west is ncgotiated. The access from lmmokalee Road will be aligned with the access to thc Pcbblebrooke Subdivision located south of lmmokalee Road, and across from and to the west of subject property, Access from the future extension of Collier Boulevard is depicted on thc MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, lmmokalee Road intersection; a directional median opening at approximately one-qumter (1/4) mile from Collier Boulevard, lmmokalee Road intersection; and a full median opening at approximately one- half (1/2) mile from the Collicr Boulevard, lmmokalee Road intersection, The directional and full median openings will be aligned with thc access points approved for the Heritage Bay DR!, and all access points arc subject to review and approval of Collier County Transportation Services Division, Additionally, the project is designed to provide for adequate land to accommodate the extension of lmmokalee Road, the possibility of an eventual six-laning of Collier Boulevard (adjacent to the project), and for the future widening of Collier Boulevard, including intersection improvcmcnts and potential relocation of the Collier Boulcvard canal to facilitate such intersection improvements. The Trce Farm MPUD will bc served with centrally providcd potable water, sanitary sewer, electric power, and telcphone facilities, Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE G:\DeRulllz\Rczoning\AR-8284 Tree Fanl1 Road MPUO\PUD DoCU111cllts\Trcc frmn MPUD - 01-16-07.doc 801'28 r Agenda Item No. 8B June 26, 2007 Page 50 of 339 This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development (MPUD) Ordinance", SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Thc purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Tree Farm MPUD shall be in accordance with the contents ofthis document, the PUD-Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of subsequent Development Order approval. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions sct forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic matcrial presented depicting rcsu'ictions or the development of the Tree Fanu MPUD shall become part of the regulations that govem the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted \lu'ough the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with rcspect to the developmcnt of the land that comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concUl1'ency review under the provisions ofthe LDC. 2.3 DESClUPTION OF PRO.mCT PLAN AND LAND USE DISTlUCTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A", MPUD Master Plan, There shall be thrce land use districts, portions of which may inelude water management lakes or facilities, and private rights-of-way. A breakdown of the Tree Falm MPUD land use districts and their respective acreages is presented in Table 1. G:\DeRul1tz\Re7..oning\AR~8284 Tree F~ml Road MPlJO\PUD Doculllcllts\Trce FunnMPUD M 04~l6-07.doc 90f28 Agenda Item No. 88 June 26. 2007 Page 51 of 339 TABLE II PROJECT LAND USE TRACTS I~.;'~ '. .~"'. f' :i'';,,,!;;:::: "'i,:;(I~;'"~"""E' ""iJA~Mr "if;!," .' QISJ'RIC' '. ,,"., TYP :\I!'\:\l'0;~:', ""'- "ell COMMERCIAL MIXED-USE ,U8,69 BRit RESIDENTIAL PRESERVE "'39.64 ,,0.51 58.84 "plt TOTAL . Note: the MPUD provides for a tOlal of 7.42 acres of ROW Reservation for future extension of Immokalee Road, expansion of Collier Boulevard, and improvements to the intersection of these two arterial roadways. This ROW reservation includes 4.34 acres within the "C" Commercial !I,tixed-Use Tract (Activity Center) and 3.08 acres within the "R" Residential Tract A, Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructcd as shallow, intermittent wet and dlY depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same gcneral acreage as shown by Exhibit "A". Minor modification to all districts, development tracts, lakes or other boundaries may be permitted at thc time of plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this MPUD document B. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various districts as may be neceSSaly. 2.4 MAXIMUM PROJECT DENSITY & INTENSITY A. The Commercial Mixed-Use District will be limited to :t18.69 acres within the designated Activity Center. The Residential District will be limited to :1:39.64 acres. B. Intensity: A maximum of 175,000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, as set forth in Section 3.3 of this MPUD. C, Approved Density: A maximum of 425 residelltial dwelling units may be constructed in the total project area, The gross project area is 58.8410 acres, The gross project density, therefore, will be a maximum of 7.22 dwelling units per acrc, A minimum of 44 dwclling units shall be constructed within the activity center portion of the pl'Oject. Additionally, the balance of the density accumulated from the Activity Center acreage, or 100 units, shall be located within one third (1/3) of a mile of the Activity Center boundary, The G:\DcRuntz\Rczoning\AR-8284 Tree Parm Road MPUD\PUD Docl1lnents\Trcc Flinn MPUO _ 04-16.07.<loc 100f28 . Agenda Item No. 8B June 26, 2007 Page 52 of 339 portion of the project within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.6 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained, and utilized for temporary uses as set fOlth in Section 2.8 of this MPUD Document. Those existing structures may be retaincd through the construction and platting phases of the development. 2.7 NATIVE VEGETATION RETENTION REQUIREMENTS A. Native vegetation shall be preserved in accordance of the LDC. A minimum of 0.51 acrcs (25% of the 2.02 acres of native vegetation on site) is required to be rctained or replanted. The Tract identified as "P," contain 0.51 +/- acres, fully satisfying the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on .Tune 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on thc subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit "D". 2.8 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-ot:way width to be utilized for all internal project streets may be fifty feet (50'). Deviation #1 from Section 6.06.01(0) of the LDC Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Serviccs Administrator, or his designee, for engineering and safety considerations prior to installation. 2.9 GENERAL PERMITTED USES Celtain uses shall be considered general pcunitted uses throughout the Tree Faun MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the developer, owners, and tenants of the Tree Fa11TI MPUD and are typically palt ofthe common infrastructure. A. General Pem1itted Uses: I. Essential services as set fOlth in the LDC, Section 2.01.03. 2. Water mal1agement facilities and related structures. 3. h,.igation treatment and distribution facilities. G:\DeRulltz\Rczoning\AR-8:284 Tree Fann Road MPUD\PUD Documcnts\Tree Furm MPUD - ()4Ml6-Q7.doc II of 28 Agenda Item No. 88 June 26, 2007 Page 53 of 339 4, Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or sltuctural bank It'eatments. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls. 2.10 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. I. Boundary marker monuments containing project identification signs designed to identify thc project, 01' any major use within the project, shall be permitted in locations depicted on the MPUD Mastcr Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not execed the height or length of the monument on which it is located. If thc sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire developmcnt, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 1 0 feet from any MPUD perimeter property line. DEVIA nON #3 2. One off-premises sign may be located to the west of the Tree Fann MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to thc west of Tree Farm MPUD. The Tree Farm MPUD provides for intercoilllection to this Propetiy, and at the time that this property is rezoned it will be required by Collier County to accommodate this interconncction thereby allowing the Tree Farm MPUD access to Collier Boulevard and convcrsely the propelty to the west access through the Tree Fann MPlJD to Immokalee Road Extension, The off-premise sign may deviate from the maximum 12 square [oot sizc set forth in Section 5.06.05.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.06.C.15.b.v., which requires such off-site signs to be located within 1000 [eet of the intersection of the arterial roadway scrving the building, structure 01' use, but may not be located more that 1,320 feet from the intersection scrving the building, stlUcture 01' use. DEVlA nON #3 G:\DcRunlz\Rczoning\AR.8284 Tree Farm Road MPUD\PUD DocnlUcnts\Trcc Pamt MPUD _ 04-16-07.doc 120f28 . Agenda Item No. 88 June 26, 2007 Page 54 of 339 3, Signage, as permitted by the LDC or this PUD, may be placed within the ROW reservations tracts with approval from Collier County Transportation Services staff, provided that any such signage be removed or relocated outside of the ROW Reservation tract within which the subject sign is located, within 60 days of written request to do so by Collier County Transportation Services, The County shall bear no responsibility for any costs to remove or relocated such signage. G:\DeRuntz\RczoningW?-8284 Tree Farm Road MPUD\PUD Doctlments\Tree Fann MPUD - 04-16-07 ,doc 130f28 Agenda Item No. 88 June 26, 2007 Page 55 of 339 SECTION III COMMERCIAL MIXED-USE DISTRICT (C) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C", Commercial on Exhibit "A", MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including enteliainment and recreational attractions, to many segmcnts ofthe population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69 oi acrc commercial area (District "C"), is limited to a maximum of 175,000 squarc feet of commercial/office uses, of which a minimum of 5,000 square feet shall be developed with professional or medical office use. A minimum of 44 residential units shan be developed within the Commercial-Mixed-Use District. No more that 50% of the anowable commercial square footage may be developed prior to the development of at least one-half (22 dwelling units) of the minimum required 44 dwening units, and no more that 75% of the maximum anowable commercial square footage may be developed prior to the developmcnt of the remaining 50% (22 dwelling units) of the minimum required 44 residential dwelling units. 3.3 PERMITTED USES No building or structure, or part thereof, shan be erected, altered or used, or land uscd in whole or in palt, for other than the following: A, Principal Usesl: 1. Group 0742 - Veterinary servlccs for animal specialties (except outdoor kelmcl) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231 - Paint glass, and wallpaper stores; 4. Group 5251 -. Hardware stores; 5. Group 5261 - Retail nurscries, lawn and garden supply stores; I Reference Executive Office of the Pres.idenl, Office of Management and Budge~ Standal'd Industrial Classification Manual, 1987 Edition. G:\DeRunlz\Rezoning\AR-82841ree Farm Road N1PUD\PUD Docnmenls\Tree Farm MPUD - 04-16~07 .doc 140f28 . Agenda Item No. 8B June 26, 2007 Page 56 of 339 6, Major Group 53 - General merchandise stores, 7. Major Group 54 - Food stores. 8. Group 5531 - Auto and home supply stores, not including any installation facility; 9. Group 5541 - Gasoline stations, not including service facilities; 10. Group 7542 - Cmwashes only. II. Industry Group 555 - Boat dealers. 12. Major Group 56 - Apparel and accessory stores. 13. Major Group 57 - Homc furniture, furnishings, and equipment Stores. 14. Major Group 58 - Eating and drinking places. 15. Major Group 59 - Miscellaneous Retail. Industry Group Numbers: 596 - nonstore rctailers; 598 - and not including retail sale of fireworks. 16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 - Hotels and motels. The maximum floor area ratio for hotels shall not excecd a factor of 0.60. 18 Establishments operating primarily to provide personal serviccs for the following Industry groups: a. 721 - Laundry, cleaning, and garment scrviccs, only including Group 7211 - power laundries, family and commercial, Group 7215- Coin-operated laundries and dry-cleaning, and Group 7217 - carpet and upholstery cleaning; b. 722 - Photographic portrait studios; c. 723 - Beauty shops d. 724 - Barbershops; e. 725 - Shoe repair shops and shocshine parlors; f. 729 - Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal scrviccs, not elsewhere classified, only including car title and tag service, computcr photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or rcplacements service, dress suit 01' tuxedo rental, and tanning salons. G:\DeRunlz\Rczoning'v\R-8284 Tree Farm Road MPUD\PUD Documents\Trc.c Farm MPUD - 04-16-07.doc 15 of 28 Agenda Item No. 88 June 26. 2007 Page 57 of 339 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 -- Advertising, not including Group 7312 outdoor adveltising services agencies; b. 733 - Mailing, reproduction, commercial alt and photography, and stenographic services; e, 735 - Group 7352 -- medical equipment rental and leasing; d. 737 - Computer programming, data processing, and other computer related services, not including Group 7371 - computer programming servICes. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general publie, only including Group 7384, Photofinishing Laboratories. 21. 7513 - Truck rental and leasing, without drivers; Group 7514 - passenger car rental; Group 7515 - passenger ear leasing; and Group 7519 - utility trailer and recreational vehicle rental. 22. 7631 - Wateh, clock, and jewelry repair, and Group 7699 - repair shops and related services, not elsewhere elassified. 23. Group 7832 - motion picture theaters, except drive-in, and Group 7841 _ video tape rental. 24. Major Group 79 - Amusement and reereation services, for the following industry numbers: a. Group 791 I - Dance studios, schools and halls b. Group 7922 - Theatrieal producers (except motion pieture) and Group miscellaneous theatrical services c. Group 7941 - Professional sports elubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 - Physical fitness facilities e. Group 7999 - Amusemcnt and recreation services, not elsewhere classified, (0 include moped rental, motorcycle rental, rental of bicycles, schools and camps-spOlts instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80 - Health services for the following industry groups: a. 801 -- Offices and clinics of doctors of medicine; b. 802 - Offices and clinics of dentists; e. 803 - Offices and clinics of doctors of osteopathy; d. 804 - Offices and clinics of other health practitioners. G;\DcRunlz\Re:Wllil1gwt~8284 Tn:c Fnnn ROl3d MPumpUD Documcnts\Tree Farm MrUD w 04-16.(}7,doc 160f28 r Agenda Item No. 86 June 26, 2007 Page 58 of 339 26. Major Group 807 - Medical and Dental Laboratories for the following industry numbers: a. Group 8071 - Medical laboratories; b. Group 8072 .- Dental laboratories, 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 - Libraries. 29. Membership organizations engaged in promoting the interests of their membcr as defined Wlder Major Group 86. 30. Establisluncnt opcrating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a, Group 8711 - Enginccring services b. Group 8712 - Architectural services c. Group 8713 - Surveying services d. Group 8721 - Accounting, auditing and bookkeeping services e. Group 8732 - Commercial economic, sociological, and educational rcscarch f. Group 8741- Management services g. Group 8742 - Management consulting services h. Group 8743 - Public relations services 1. Group 8748 - Business consulting services. 31. Offices of government as defined under Major Group 91 - Executive, legislative, and general government, except finance. 32 Residential multi-family dwelling units, whether in a free standing residential building 01' located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set fOlth in Table III below. Residential units shall not be located on the first floor of a mixcd use building, and shall be subject to a minimum per unit floor area of 1,000 square feel. Residcntial buildings with no commercial component shall adhere to the dcvelopment standards set forth in Table IV. 33. Any other land use which is comparable to a land use identified in the above- referenced list of permitted uses subject to the procedures set forth in the LDC for granting such comparable land use approvals, B. Aecessorv Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage G:\DcRulllz\RczoningWl-8284 nee Farm Road MPUD\PUD Documellts\Tree Farm MPUD - 04~16-07.doc 170f28 Agenda Item No. 88 June 26, 2007 Page 59 of 339 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. Retail sales and/or display areas as accessory to the principal use, not to exceed an arca greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 4. One carctakcr's residence. 3.4 DEVELOPMENT STANDARDS A. Table III below sets fOlth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effcct as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT MINIMUM LOT AREA AVERAGE LOT WIDTH MINIMUM YARDS (External) From Immokalee Road Canal ROW From Future Extension of Collier Blvd. From Weslern Proje,ct Boundaty MINIMUM YARDS (Intemal) Internal Drives/ROW Rear Side Lakes Preserves PRINCIPAL USES tO,OOO sq. ft. 100 ft. ACCESSORY USESi. N/A N/A t5 ft. 10 ft. 10 ft. 25 ft. 25 ft. 10 ft. or 1/2 the sum building heights' 10 ft. 10 ft. 10 ft. 20 ft.... 10 It o 10 ft. MIN. DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT Retail Buildin s witb or without residential uses Office Buildin s with or without residential uses MINIMUM FLOOR AREA MAX. GROSS LEASABLE COMMERCIAL AREA 50 ft. 65 n. 1,000 sq. ft." 200,00 sq. ft. 35 ft. 35 ft. N/A N/A Ifc Whichever is greater. ** Per principal structure, Kiosk vendor, concessionsJ and temporary or mobile sales strUt.:tures are permitted to have a minimum 1100r area oftweuty-five (25) square feet and are not subject to Internal setback requirements set forth above. ... No structure may be locatcd closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance casement). G:\DeRltntz\Rczoning\AR-8284 Tree farm Road MPllD\PUD Documents\Tree Fann MPUD ~ 04-J6.07.doc 180f28 r Agenda Item No. 8B June 26, 2007 Page 60 of 339 SECTION IV IillSIDENTIAL DISTRICT (R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R" on the MPUD Master Plan, Exhibit "A", Residential uses, infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will OCClli' within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 425 residential dwelling units. Since 44 dwelling units are required to be developed within the Commercial Mixed Use District, and the remaining density generatcd from the Activity Center acreage must be developed within 1/3 mile of the Activity Center Boundary (as depicted on Exhibit A, the PUD Master Plan), a maximum of 281 residential units may be developed north of the line on the PUD demarcating the 1/3 mile distance from the Activity Center boundary. For the plli'pose of calculating the project density, for each aerc of residential uses converted to an ALF use, 7,22 dwelling units shall be sl1btracted from the maximum of 425 dwelling units. 4.3 USES PERMITTED No building or structure, or part thcreof, shall be erectcd, altcred or used, or land used, in whole or in pati, for other than the following: A. Principal Uses: 1. Single-family attached dwellings (including townhouscs intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes, two-family dwellings; 5. Multiple-family dwelling; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no extcrior access), and shall not exceed 2,000 square feet in aggregate. No external signage or advertising shall be permitted in support ofthese ancillary medical or personal service uses. G:\DcRuntz\Rc7.oning\ARw&284 Tree Fanl1 Road MPU))\PUD Documents\Trec Farm MPUD .04-16-07.d(lc 190f28 Agenda Item No. 88 June 26. 2007 Page 61 of 339 B. Accessory Uses: 1. Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities along with the following: 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. Minimum Residential Density within Activity Center: Within the 18.69 acre Mixed Use Activity enter portion of the project, a minimum of 44 residential units shall be constructed, and the balance of the density accumulated from the activity centcr shall be developed within 1/3 mile of the nOJ1hern boundary of the Activity Center. G:\DcRunlz\ReZOlling\AR-8284 Tree Farm Road MPUD\PUiJ Dncumcnts\Tree Farm MPUD _ 04-16-07.doc 20 of 28 r DEVELOPMENT STANDARDS PRINCIPAL STRlICTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA MIN FRONT Y ARI)' MIN SIDE YARD MIN REAR YARD M1N PRESERVE SETBACK MIN. D1ST. BETWEEN STRUCfURES MAX BLDG. HT. NOT TO EXCEED ACCESSORY STRUCTURES FRONT' SIDE REAR PRESERVE SETBACK' MAX. BLDG. IU. NOT TO EXCEED TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS SINGLE- FAMILY DETACHEL SINGLE- FAMILY A IT ACHED & TOWNHOUSE TWO-FAMll.Y, PATl01,2& ZERO LOT !.INE 2,250 S.F. 2,250 S.P. 2,250 S.P. PER UNIT PER UNrr PER UNIT 35 FEET 20 FEET 35 FEET 1,000 S.F. 1,000 S.P. 1,000 S.F. I5FEET 15 FEET IHEET 6 FEET o FEET 01' o FEET or 6 FEET 6 FEET ISFEET ISFEET ISFEET 25 FEET 25 FEET 25 FEET 12 FEET 12 FEET I2FEET 2 STORIES 2 STORIES 2 STORIES 4:4 FEEl' 42 FEET 42 FEET 10 FEET 10 FEET 10 FEET 5 FEET 5 FEET 5 PEEl' S FErrr6 5 FEET' 5 FbET6 10 FEET 10 FEET 10 FEET SPS SPS SPS S.P.S.: Same as Principal Structures. BH: Building Height Notes: Agenda Item No. 8B June 26, 2007 Page 62 of 339 MULTI FAMILY CLUBHOUSE! RECREATION BUILDINGS' 10,000 S.F. 10,OOOS.F. 100 FEET NIA 1,000 S.F/D.lI. NIA 15 FEET NIA 15 FEET NIA 20 FEET NIA 25 FEET 25 FEET ISFEETor NIA Y, BH, Vo'HlCIHEVER IS GREATER J STOlUES 2 STORIES 50 FEET 50 FEET 10 FEET 20 FEET SFEET Y1DH 5 FEET" 10 FEET' 10 FEET 10 FEET 3 STORIES 2 STORIES 42 FEET 42 FRET Front yards shall be measured as follow,.: If the parcel is served by a public 01' private righl-ofway, setback is measllredji-om the adjacent right-of-way line. If the parcel is sen.ed by a private road, setback Is measured ji-om the back of curb (if curbed) or edge of pavement (if not curbed). 1) A patio hame is a detached or semi-detached single-family unUji-om ground to roofwherein each dwelling uni/lot is enclosed by a wall located at the lot line, Ihus creating a private yard between the house and the wall. 2) Setback may be eilher zero feel (0; on one side and six feel (6; on the other side in order to provide a minimum separation between principal structures of twelve feet (12;. Alternatively, if the zero foot (0; setback option is nol utilized, Ihen Ihe minimum setback shall not be less than four feel (4 ') and the combined setback between G:\DeRutltz\Rezoning\AR-8284 Treo Farm Rond MPUD\PUD Docmnents\Tree Fann MPUD .04-16-07.d()c 210f28 Agenda Item No. 8B June 26, 2007 Page 63 of 339 principal structures shall be at leasllwelve feel (12 J. Allhe lime of application for subdivision pial approvalfor each Iract. a lot layout depicting minimum yard selbacks and buildingfoolprinl shall be submitled 3) Building height is measured as sel fOl'lh in Ihe LDC 4) Front loading gal'ages shall have a minimum front yard selback of twenty-three feet (23 J. as measuredft'om the back of sidewalk. Side loaded garages may be located less than twenly:fil'e feel (25 J feel ft"Oln Ihe back of sidewalk pl'ovided Ihal the driveway design allows for pal'king of vehicles so as not to intelfere with 01' block the sidewalk. These provisions apply 10 a garage whether aI/ached or delached 10 the principal structure. 5) Selbackfrom lake easements fol' all accessOlY uses and sll'uclul'es may be zero feel (0 J. 6) No struclure. other than those permitted wilhin the IDC to be located within a I'equired landscape buffer tract or easement, shall encroach into a required landscape buffer tracl or easement. 7) Although neither setbacks nol' separation between structures are applicable to the clubhouse and other l'ecrearion structures located on the clubhouse tract, neither the clubhouse or any other recreational structures shall be located closer than twenty (20) feet from any I'e,vidential building or residential fract boundalY. G:\DClRuntz\Rezonillg\AR-S284 Tree Farm Road MPUD\PUD Docmnents\Trcc Fam1 MPUD _ 04-16-Q7.doc 220f28 Agenda Item No. 8B June 26, 2007 Page 64 of 339 SECTION V PRESERVE AREA (P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District "P", Preserve Area on Exhibit "A", MPUD Mastcr Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including npland buffers, in their natural, and/or enhanced state. 5.2 USES PERMiTTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: A. Principal Uses: 1. Open spaccs/naturc preserves. B. Accessory Uses: 1, Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious natlU'e trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact thc minimum required vegetation. For the purpose of this section, passive recreational uses are those uses tllat would allow limited acccss to the preserve in a manncr that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit "0", Compliance Agreement, and in accordance with the applicable provisions of Section 3,05.07.H of the LDC. G:\creRuntz\Rezoning\AR-S284 Tree Farm ROJd MPUD\PUD DocumcL\ts\Tree FBtJl1 MPUD . 04.16~07.doc 23 of 28 Agenda Item No. 8B June 26, 2007 Page 65 of 339 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development conunitments for the development of the proj eel. 6.2 GENERAL All facilities shall be constructed in accordance with SOP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property, In addition, any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium! homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments, 6.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A, All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of TranspOltation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, CUl1'ent edition, and the Manual on Uniform Traffic Control Dcviccs (MUTCD), current edition. All other improvel11(mts shall be consistent with the LDC. B. A1teriallevel street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO) for the units/square footage that will directly utilize the access. C. Nothing dcpicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. Access points, ineluding both driveways and proposed strccts, shown on the MPUD Master Plan are considered to be conceptual. There is a planned interconnection to the west at a full median opening on Collier Boulevard Extension, as depicted on the MPUD Master Plan. Nothing G:\DeRulltz\H..ezollillg\AR-8284 Tree Font1 Road MPUD\PUD DOCUlllcnts\Tree Farm MPUD _ 04-16-07.doo 24 of 28 I Agenda Item No. 8B June 26, 2007 Page 66 of 339 depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage, All such access issues shall be approved or denied during the review of required subsequent SDP or final plat submissions. All such access shall he consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collicr County Long-Range Transpoliation Plan. The number of access points constructed may be less than the number depicted on the Master Plan, however, no additional access points shall be considered unless a PUD amendment is to be processed, D. All such access issues shall be approved or denied during the review of required subsequent SDP or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range TranspOliation Plan. The number of access points constructed may be less than the number depicted on the Master Plan, howcvcr, no additional access points shall be considered unless a PUD amendment is to be processed. E. Site-related improvcments (as apposed to system-relatcd improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access prior to the issuance of the first CO for the first building of that phase. F. AJI proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity; at the discretion ofthe County. G. Nothing in any development order shall vest a right of access in excess of a right inlright out condition at any access point. Neither shall the existence of a point of ingress, a point of egress 01' a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. 1. If any req~lired turn lane improvement requires the use of existing County rights-of- way or casements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. G;\DeRuntz\Rezoning\AR~&284 Tree Farm Road MPUO\PUD DOClllllcnts\Tree Faml MPUD - 04-16-07.doc 25 of 28 Agenda Item No. 8B June 26,2007 Page 67 of 339 1. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determincd to be necessary, the fair share cost of such improvement shall be bome by the developer. K. The applicant shall reserve rights-of-way for the future Collier Boulevard extension and Immokalee Road expansion and intcrsection improvements as depicted on the MPOD Master Plan (ROW Reservations Tracts A, B, and C, totaling 7.42 +/- acres). The applicant shall receive impact fee credits in exchange for ROW Reservation Tract B (0.47 acres), but shall not reccive impact fee credits for the reservation and eventual dedication of ROW Reservation Tracts A and C. The applicant shall dedicate at no cost to the County (other than the aforementioned impact fee credits for Tract B) all lands reserved as depicted on the MPUD Master Plan (as noted hcrcin) within 90 days of written rcquest of the County. L. The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent ROW reservation area, at the discretion of Collier County Transportation Serviccs. The greenway shall be located on thc north side of the canal and shall connect to the green way that Collier County is constructing to the west of the Tree Farm MPUD property. The Developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commcrcial Tract, and may be located within the ROW Reservation Tract "A" on a temporary or pennanent basis, with approval from Collicr County Transportation Services Division. The greenway shall be constructed prior to the issuance ofthe first Celtificate of Occupancy (e.O.) within thc MPUD. M. The applicant shall design the project stormwatcr managcment system so as to accept and treat stormwater from fifty perccnt (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with South FIOlida Water Management District permitting requirements. N. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound througb lanes as well as necessary turn lanes. O. All offsite improvements necessaty for safc access and egress to the site shall be in place prior to on-site construction. P. The applicant shall ensure that any easements necessalY to facilitate interconnections to propelties to the west as shown on the MPUD Master Plan shall be dedicated by the appropriate instrument(s) at the time of submittal of the fu'st developmcnt order application. 6.4 WATER MANAGEMENT G:\DeRutltz\Rezonillg\AR~8284 Tree Fann Road MPUO\PUD Documents\Trcc Fonn MPUD - 04.16~07.doc 260f28 Agenda Item No. 8B June 26, 2007 Page 68 of 339 The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to the Engineering Services Department for review and approval. No construction pennits shall be issued unless and until Plmming Services staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation pennit will be required for the proposed lakes in accordance with County and SFWMD rules, C. The project developer shall obtain a permit from the SFWMD prior to SDP approval. 6.5 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve two areas to be conveyed to Collier County for raw water well easements with dimensions not to exceed 100 feet by 100 feet. The approximate location of these easements is depicted on the MPUD Master Plan. The northerly raw water well site is located at the nOltheastern corner of the MPUD, and can be accessed from lmmokalee Road Extension, There are two possible locations for the southerly raw water well site, Option A is located on the westerly boundary of the project, south of the "1''' Preserve Tract, and is adjacent to an internal drive which, if selected, will include the necessary .access and utility easement. Option B is located at the southeast corner of the project and is located adjacent to right-of-way reservations Tract A and B, and can be accessed from lmmokalee Road Extension. 1be conveyance/dedication shall occur at the time of site development plan, or fmal plat approval for the area within the development phase that contains the respective well sites. At the time of the site development plan and/or plat submittal, the developer should provide the well site easement that meets tile standard setback requirements for watcr wclls. The developer shall also provide a tempormy access easement within right-of-way Reservation Tract C should Collier County Utilities require access to the well sites prior to conveyance of RO W Reservation Tract C to Collier County. 6.6 ENVIRONMENTAL The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Enviromnental permitting shall be in accordance with the State of Florida ERP rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to County jurisdictional wetlands, G:\DeRuntz\Rezoning\AR-8284 Tree Farm Road MPUO\PUD Documents\Trec Farm MPUD - 04-16-07.doc 270f28 Agenda Item No. 8B June 26, 2007 Page 69 of 339 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704,06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. The development shall comply with the guidelines and rccommendations of the U,S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". A Big Cypress Fox Squirrel Management Plan shall be submitted to Envirorunental Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site planlconstruction plan approval. D. An cxotic vegetation removal, monitoring, and maintenance (exotic-fl'ee) plan for the site, with emphasis on the conservation/preservation aJ'eas, shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more fTequently when required to effectively control cxotics vegetation, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in pel1Jetuity) shall he the responsibility of the property ownel'. E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to plat/construction plan approval. F. A Preserve Area Management Plan shat! be provided to Environmental Staff for approval prior to site/construction plan approval identifYing methods to address treatment of invasive exotic species, fire management, and maintenance. G. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. AcccssOty structures and all other site alterations shall have a minimum I O-foot setback from the boundary of any preserve. G:\DcRunlz\Rezol1ing.\AR~8284 Tree Farm Road MPUD\PUD DocumenCs\Tree Farm MI'UD _ 04.16-07.doc 280f28 I a,H- G) C9-Q~ '0 E: C'~ r2 2~Cl) --en m:Om "0-00.. c OJ en <( .....,,""''"'.,n........ """'_,.......''''''~-,~, -~;o~...,:;"'....;i....l:..N.-oi ~1l^O ~~.L'1ns ..... ~'=~-'" v'lX\O GndW i~1:/V.:l ::1:11:11. Illi, Iii ~i!II!I' lj 'I !~ "~l~l' ~.Ii, !;I :~I,i I" I' 'I I" '"'!! ~! 'I if I'"li' Iii/ jS ."'1"1 iilil(l!1 i!il;ll! iii!~llil <lll.M ~'l!l! lib ii,!I:i! !, hi !.!I !;i~II" h'l~i ~;of! "f. ~ toI11 h~ II .m iKI" .~i -<l ""6 ! II! I~!I Ill! ! ~i j':i 1.~ ; , , Ii! Ji Ii,! I ~l .1~'I'I'! i o r.:::: ~:: ~ ~b :002 .J <:j!. ~~ i. ~ ! . W' ll" H , !~ i!!~L ;" " i ! i i!!i 1!li ill! I! l!iis!li Ii ~ II! : SliY II!, 11111' I ivik~l!l,.:! 1.,1..1 I I n, I' "I 'i !I"'i",!lli @ . ,"I~ ,rl:1 I';'! I I"" i:'~li. i! 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I ~ !o I I , lZl \ ) ( II I II I I I I I I I \ I , / ~ I I I , I , \ , I I ) I I ~ i i EXHIBIT "B" LEGAL DESCRIPTION Agenda Item No. 8B June 26, 2007 Page 71 of 339 BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF- WAY, PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGI-IT-OF- WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT-OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT -OF- WAY, COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF TIlE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00051'06" E., A DISTANCE OF l33440 PEET TO TIlE POINT OF BEGINNING OF TIlE PARCEL HEREIN DESCRII3ED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO TI-IE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00050'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89057'31" W" A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00044'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00045'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89"56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, G:\OcRuntz\Rczoning\Opcll pun Petitions\AR.82S4 Tree F<1rlll Rond MPUD\2-23.07 Submiua[\EXHIBIT B - LEGAL DESCRrrTION.rloc I Agenda Item No. 8B June 26, 2007 Page 72 of 339 Tree Farm Mixed Use PUD Rezone Collier County, FL --_.._...__."'-_..-._--_....~,~_....._.__.-.-........-,..--.... EXHIBIT "e" Schedule of Deviations: Deviation 1: A deviation from LDC Section 6.06.01(0) and LDC Appendix B B-3, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e of the Admini~trative Code for Collier County Con~truction Standards Manual adopted through Ordinance No. 04-66, in order to allow 50 feet of right-of-way for local roads rather than the required 60-foot width (throughout). Deviation 2: A deviation from LDC Section 5.04.04.B.5,c, that limits the number of model homes to a maximum of five, to allow one model home for cach variant of the rcsidential product proposed in the projcct, not to cxcced 10. Deviation 3: A deviation from LDC Section 5.06.06,C.15.b.i., allowing for an off-premise sign exceeding thc maximum allowable 12 square feet, limited to a maximum of 16 square feet, and from Section 5.06.05.C,15.b.v. which requires that the off-premise sign be located within 1000 feet of the intersection of the arterial roadway providing access to the building, structure or use, allowing the off- prcmise sign to be located in the general vicinity of the access to Immokalee Road from the project directly adjacent to and west of Tree Farm MPUD, generally located across from the access to Pebblebrook (Rich land PUDlo ~_.._~~,,~,.._~~,g............~~~,,-.-........,__.__............~,.................~_~.,_._~__~~~~_._._~.__'.~'n.~~F.'~""'''"''.~..~..._~..........,.,~~__~~___'"~.,..,.~~F...... OUT ^'-~,~:;:..~ .i')~Jclf\T"'~ ~~..,~"' Agenda Item No. 88 June 26, 2007 Page 73 of 339 COLLIER COUNTY DA VID C. WEIGEL COLLIER COUNTY ATfORNEY 3301 Easl Tamiami Trail Naples, FL 34 1I 2-4902 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 Heidi F. Ashton Jennifer A. Belpedlo Ellen T. Chadwell Jeffrey A, KJatzkQW WilHam E. Mountford Thomas C. Palmer Michael W. Pettit Jacqueline W, Hubbard Marjorie M. Srudent Scon Teach Patrick G. White Ro berf N. Zachary June 16, 2005 Timothy G. Hains Quarles & Brady, LLP 1395 Panther Lane, Ste. 300 Naples, Florida 34109 RE: Comoliance Agreement between Collier Countv and Tree Farm Land Tmst Dear Mr. Hains, Enclosed please find an original copy of the Compliance Agreement betw'een Collier County and Tree Fann Land Trust, whieh was recorded today, in Official Records Book 3823 at Page 1809, Please know that the Compliance Agreement rC9uircs thc applicant t.o provide a copy of the Compliance '-V ~ Agreement to the County along wIth Its applIcatIOn for a Planned Umt Development. _~ If you have any questions, please do not hesitate to contact my office. Thank you. Sincerely yours, ~~~iO Assistant County Attorney JAB/Ilk Cc: David C. Weigel, County AttoI11ey , Agenda Item No. 88 June 26, 2007 Page 74 of 339 3640632 OR: 3823 PG: 1809 RlCOROID in OF!lClAL RlCORDS of COLLIIK COUIII, IL 06/16/101\ at 12:01PK DIIGHI I, BROCl, CLIRI RJC !II bUO Prepared by: Jennifer A. Belpedio Assistant County Attorney 2800 Nortb Horseshoe Dr Suite 300 Naples, PL 34104 Retn: COVin mORHIY llTlRUmCi ATIK: JilKllBR A BILPIVIO COMPLIANCE AGREEMENT This Compliance Agreement ("Agreement") is entered into and made on this ~ay of ~5, by and between Collier County (the "County") and the Tree Farm Land Trust. Appraiser as Folio Number 00 violation; and WHEREAS, an analysis conducted by consulting ecologists, Passarella and Associates, Inc,. on November 2, 2004 asserts that 1.13 acres of 2.02 acres of el<isting native vegetation on the Subject Property were removed, (See attached El<hibit "A," letter from Elena Mandia to Don Schrotenboer, dated November 2,2004) WHEREAS, on October 11, 2004, County staff, and the Trust's representatives met to \ of6 Agenda Item No. 88 June 26, 2007 Page 75 of 339 OR: 3823 PG: 1810 idenlify the prohibited vegetation removal and to discuss the abatement of the allegations in an effort to resolve the dispute; and WHEREAS, RW A Consulting, Inc, (RW A) proposed that the Parties resolve the matter by executing a complianee agreemcnt to include the requirement that the Trust agrees to pursue a rezone of the property and retain or restore, as appropriate, the amount of native vegetation required by land development regulations at the time of the rezone, WHEREAS, the County Transportation Department has indicated to the Trust that it intends to acquire a 100-foot wide strip of land extending the entire length of the eastem boundary of the Subject Property for ~~Of a right-of-way expansion of Collier /0)1~(j;:;~,,- <:P -<')c WHEREAS, the vast ajo 'fcl..th\t 1.13 acres of ege tion that was cleared without authorization is located wit in rD'~u' o~ '\'l r. tbe County Transportation Department; and ) ) r< ? --- ~- , IX WHEREAS, Code ~ment staff, Coun At or (~ . ~ ,OJ Services staff met to discuss R ~ ~po.ssaJa1. and other ,\ 'Il actions tbat may be taken by the '/;- r--- ('U Trust to resolve the issue; and '~-li~';;_.:::J~~:/ Boulevard; and and the Environmental WHEREAS, the Parties dcsire to reduce their agreement of all such claims or controvcrsies to this writing so that it will be binding upon the Trust and the County and their respective predecessors, successors, heirs, assigns, spouses, employees, former employecs, electcd officials, former elected officials, officers, agents, representatives, attorneys, insurers, sureties, and affiliates; and NOW THEREFORE, in considcration of the mutual covenants and promises and considerations set forth in this Agreement, the sufficiency of which is hcrcby acknowlcdged by the Trust and the County, the Trust and the County hereby agree to the following: 2 of 6 r Agenda Item No. 88 June 26, 2007 Page 76 of 339 OR: 3B23 PG: 1811 1. The Parties agree to adopt and incorporate the foregoing Recitals, sometimes referred to as "Whereas clauses," by reference into the tenns of this Agreement. 2. The Trust agrees to either: a) submit a complete and sufficient rezone application (Application) to the County or b) submit a complete and sufficient mitigation planlrevegation plan and any other required applications to the County along with the required fees no later than August I, 2005; 3. The Trust agrees that it will notify the Collier County Code Enforcement Director in writing jf it is unable to submit either application as set forth in Paragraph 2 by August I, 4, 5, The Trust also agrees (hat its Application will set forth tenns (hat are consistent with the Preservation Standards set forth in Land Development Code Seetion 3,05.07 H.I.c for mixed use development, and a copy of the analysis conducted by consulting ecologists, Passarella and Associates, Inc,. on September 17,2004; 6. In consideration of Trust's agreement, as set forth above, the County agrees that the percentage of native vegetation preserved will not include: 1) any portion of the subject property which is is acquired by the County as part of a right-of-way expansion of Collier 3 of 6 Agenda Item No, 88 June 26, 2007 Page 77 of 339 OR: 3823 PG: 1812 Boulevard or 2) any portion of the subject project which was lawfully cleared (i.e. with a pennit, if required); 7. The County also agrees that it will grant a reasonable extension of time of the August I, 2005, deadline if the Trust's request is in writing and demonstrates that a delay has occurred due to unforeseen circumstances not caused by the Trust. 8. This Agreement is freely and voluntarily executed by County and Trust subsequent to their being apprised of all relevant infonnation concerning this Agreement and upon advice of their respective counsels. 9. The Parties hereto agree that this Agreement supersedes and replaces all prior /\'i R c()-'-...' agreements and understanding~S a '~t:teimitule~5\ttire agreement between Respondent (. , l/~' Trust and the County and th no /lhJ:Lagzeements exist, ral r written, between the Parties ~~~D h att r whatsoever. The Parties ?f w ed~~~ the Is t. qt.f cts, additional and different \' IY or contrary to the facts whic ~t!lI believe to exist, m~no e iiiJ r may be discovered after this -d-~ ~"\ 0 Agreement has been entered, a~";I?arties agree that jIl . additional, different or contrary ~ t,' ':;::;>_.---C~ // facts shall in no way limit, waive, afiect-'b.(lilftre;Is~~!ffeCmenl. --._---~ relating to any matters cover d 10. 11. Except as expressly provided for herein, the Parties represent and warrant that in cxecuting this Agreement, they do not rely upon, nor have not relied upon, any oral or written representation, promise, warranty or understanding made by any of the Parties or their representatives with regard to the subject matter, basis, or effect of this Agreement. IN WITNESS WHEREOF, the Trust and the County have executed this Agreement, which consists of six (6) pages, on the date as first set forth above and as sworn to and acknowledged by and through its duly authorized representative, 40f6 r Agenda Item No, 88 June 26, 2007 PR.llll 78 of 339 OR: 3823 PG: lt1u Signed, sealed and delivered in the presence of: TREE FARM LAND TRUST ~ff~ Timothy G, Hains, Trustee of Tree Fann Land Trust ~' Jt1..-<L / c.5, tv' "'- 1-1-0 W f4.~ /) Printed Name of Witness (J~; ~1k. ~^'" /~(h Printed Name 0 f Witness STATE OF FLORIDA COUNTY OF eO (,..(.,./ Go IIA-tNS ,as who is ersonall known to e identification, and acknowl ge t TRUST and that (s)he was d i:"' IN WITNESS WHE peared 77#P71N fl. B FARMLAND TRUST as o be alfofTREEFARMLAND f.... rr: ~ ial seal. C ~ PUBLIC. STATE OF FLORIDA tI~ANNe ~w",,Q./:j (Print Name) My Commission Expires: (SEAL) G) Sl1ZAIflEHIlWA1IO . . JS(COI!I.IISSION.OO250l4 EJ<PIAES:_I,2007 . Br:NtcSltftI~...1.b:Wll'PtIn 50f6 Agenda Item No, 88 June 26, 2007 OR: 3823 PG: rg~r90f339 COLLIER COUNTY, FLORIDA BY: 2v~~ COUNTY MANAGER Approved as to fonn and legal sufficiency: ~Cl~~ J cnnifer A. Bel e '0 Assistant County Attorney STATE OF FLO COUNTY OF ~ IN WITNESS WHE My Commission Expires: (SEAL) CD' REBECcAPAMTOilE . l MY COIIMISSIOIU 00_ EXPIRES: JtIy 4, 200S , I3ciro:W'nIvHocltyPIMI~ 60f6 , /' PASSARELLA AND ASSOCIATES, INC. OR: 3823 PG: 1815 Agenda Item No. 88 pJaUgneer~g~ Consultillg Ecologists / I , 911 U. coUoze Polnte Court Furt My...., FL 33919 Phun. (941) 274-01J67 Fax (941) 274-0D69 TO: Don Schrotenboer FROM: Elena Mandia DATE: November 2, 2004 RE: Tree Farm POO Project}lo.04lUvDPl030 Vegetation mapping for the subject prop Property Appraiser's color aerials . communities was conducted on Florida Land Use, Cover and Forms Classification System I FLUCFCS was utilized to denote exotic species disturb ce, e was used to determine the acreage of each mapping are , pr th FLUCFCS map. (Figure I). A total of II vegetative asso iati d sSe des) were identified on the property. Of the II, only tw (") c s' e [wl 've vegetation communities. Those areas are the Pine Fla ~ s, lstux Exo I 25. Yo CFCS Code 4119 E2) and Pine Flatw~ds, Disnn;bed, ,r~ 50-75% (FLUCF . 0 e ~ 3), These areas total2.02X acres ofnattve. vegetatIon. ~. CI ;, ",.' The total of unauthorized cleared n Q~l:';Ol'!.liQ!,.ean;rl'.)U3ot acres based on tbe FLUCFCS map. a site visit conducted on Sept~~J::'2_@!....~rial photos taken on July 22, 2004 (Figure I). The native vegetation that remains on the site after the clearing totals 0.8<}.j, acre, The nalive vegetation to be retained for the site with 15 percent 'native vegetation preservation would be 0.3():l, ncre, If 25 percent native vegetation preservation would be required, than 0.5 H acre native vegetation would need to be retained. EM/bmw Enclosure ce; Robert Mulhere, wlenclosure 'Florida DeplU'ttllent of TrllIlllportlltion. 1999. Florida lAnd Use, Cover and Fanns Classificatian System, Procedute No. 550-010-Q01-a. Third Edition. EXHIBrr A I Agenda Item No, 88 June 26, 2007 p.(je 81 of 339 j' /' ;/ u,~ -- ol.OOUl~OiI__~ tItIIOUUt'~""'Tlrnmm' ~~IIITll~t\lolIiT u,n:f1I'~,.u I'WI>'CO~A""IIll""," N_-...o__ UIo:.l,___ 1UlCl'CI_...-u".,14t. 'OI'U___a...-c.lTlIlll mTliltrrua"WfiQf_~ -....--........... ....._HC....-~,l>M lo\nul~ ~ ~"'~ .".4;1 _I\.\'-~_......,.. :;::~ ::~:=:::=== ~ ~- .,. ."".... ., .... r.. 1lIII"-....... '. - .n .-u.. :~~ uo..... '.... I~.... .... I....... ~... I....... "'. ......~ ..... l.<I...... Ull ,,_.utI '...... ..,.. .-.... .... -......,- ~ m ........'onouall'"'l'<l...lVtS. "'_""'_UlIr l1,NL.l.l'l ............"'."l.n.'_ ""~ ,,".... I c......' 'm:- , 1'1," ,,~_''7''''''' I ,,:_I~ -, "........ .. '-'I..Wl_l1.......lJt.nlUlIl!lt;I.. :::."'::::'..n,:::,,"",;-'.=..~ lIlUrARlJPUD' .-.. J.DjjJ,.'lm\NleftSJ.lOl=-""lM>'t'J,l;~~ ... . oIO!O t....,' P.4SS,JREL1..1 Rn4 L<:~R~ rwr. CO'11S1lifhtg' E~OMg\.st.!l flI()Collog<Arl:ni. c....t. 7"," I<\-n'. /1.orid.o.JUIt . ... ... ... = ~ '--"-' 0::> r--> '--"-' "d C> ...... 0::> ...... cr. ,.. ..- ,.. Agenda Item No, 88 June 26, 2007 Page 82 of 339 Tree Farm Mixed Use PUD Rezone Collier County, FL ~~~"~_~.._"___.,~___w__~...__.____....--...~~...~_._w,---_._-~-~--~__~__w-...,___~~..____~.,..~ EXHIBIT E List of Deviations with Justification: Deviation 1 seeks relief from LDC Section 6.06,01(0) and LDC Appendix B B-3, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13,e of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No, 04-66, in order to allow 50 feet of right-of-way for local roads rather than the required 60-foot width (throughout). A 50-foot right-of- way is permitted in this MPUD to provide for flexibility in development design, If needed, easements for required utilities can be provided generally parallel to the right-of-way. This is a reasonable dcviation that has becn implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil cngineering design, Deviation 2 seeks relief from LDC Section 5.04.04,B.5,c, that limits the nUI11ber of model homes to a maximum of five, to allow one model home for each variant of the residential product proposed in the project, not to excced 10. In an effort to provide a variety of residence styles and floor plans with in rcsidential development, it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. This deviation is appropriate, and does not negatively affect the health and safety, or welfare of the future residents of the developmcnt, or Collier County At large. A reasonable limitation on the numbcr of models has been providcd for in the RPUD Document. Deviation 3 seeks relief from LDC Section 5,06.06.C.15.b.i., allowing for an off-premise sign exceeding the maximum allowable 12 square feet, limited to a maximum of 16 square feet, and from Section 5.06,05.C.15.b.v. which requires that the off-prcmise sign be located within 1000 fect of the intersection of the arterial roadway providing acccss to the building, structure or use, allowing the off- premise sign to be located in the general vicinity of the access to Immokalee Road from the project directly adjacent to and west of Trec Farlll MPUD, gcnerally locatcd across from thc acccss to Pcbblebrook (Rich land PUDlo This deviation is requested since, as required by Transportation Services, and certainly beneficial both to the development and the public at large, we will have a significant off-site access point on Immokalee Road and it will be helpful for visitor and employees to the commercial site (and guests of residents) to be able to sce adequate signage a[e11ing them of access to tlIe project from Collier Boulevard). The LDC allows for a maximum 12 squarc foot (3 x 4) off-premiscs sign. Given the current and future width of lmmokalee Road and traffic volume and speed, we are requesting a slightly larger (4 x 4) off-premise sign size allowance, We are requesting relief from the 1,000 foot maximum distance from the intersection of the artcrial roadway that serves the building, structure or usc, in order to provide maximum flcxibility as to the eventual location of the off-premise sign, sign the exact location of the access to Collier Boulevard from the property to our west has not yet been determined. While the adjacent property is presently zoned "A" Agriculture, it falls within the Activity Center Boundary and thus one can presume that it will be developed with commercial uses and will most likely be rezoned to a CPUD or MPUD. In any case, the dcviation is justified and we have requested only minimum relief. ,~_~___,_~__''''-''W,~,"~~,,~__~~__~~"~~~_~~__~~'_~'''''~K~-'~w~.~..~~~_~"..~_~~_""~",,.w.___~.w...w-._..,~_" D,^T^"':::;;~"" C'.I~':u[,-rl"(O E"l""'''rII .........1'..1.. ....'"M,'.. .. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WW.W.COLlIERGOV.NET (i) Agenda Item No, 88 June 26, 2007 Paoe 83 of 339 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR: o PUD REZONE (PUDZ) o PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DA TE PROCESSED ASSIGNED PLANNER REV. 3 PUDZ_2005-AR.8284 PROJECT #2004070026 DATE: 5/31/06 MICHAEL DERUNTZ APPLICANT INFORMATION NAME OF APPLICANT(S) APPLICANT'S AGENT: Tree Farm Land Trust Donald R, Schrotenboer ADDRESS AVE MARIA UNIVERSITY. 4817 AVE MARIA BLVD.. TRAILER #6 CITY AVE MARIA STATE FL ZIP 34142 TELEPHONE # (239) 403-6922 CELL # FAX # ((239) 261-0824 E-MAIL ADDRESS: don.schrotenboer@avemaria.edu NAME OF AGENT Robert Mulhere. AICP ADDRESS 6610 Willow Park Drive FIRM, RWA. Inc. CITY NaDleo STATE TELEPHONE # (239) 597-0575 CELL # (239) 825-9373 E-MAIL ADDRESS:r;m@consult-rwa.com FAX# FL ZIP 34109 (239) 597-0578 NAME OF AGENT Georae L. Varnadoe. Esa. FIRM: Cheffv. Passidomo. Wilson & Johnson LLP ADDRESS 821 Fifth Avenue South. Suite 201 CITY NaDle. STATE FL ZIP 34102 TELEPHONE # (239) 649-1509 CELL # FAX # (239) 649-7056 E-MAIL ADDRESS:alvarnadoela>napleslaw.com , BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THA T YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6/14/04 . , A~""GJdU~;j~'20~~ I-'age 4 01 33~ Complete the following for all Association(s} affiliated with this petition. Provide additional sheets if necessary. ASSOCIATIONS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE _ ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). No me and Add res s Per<entag.. 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 Percentage of Ownership Application For Public Ht:aril\& For pun Rezone 6/14104 , Agenda Item No. 88 June 26, 2007 Page 85 of 339 c. If the property is in the name of a TRUSnE, list the beneficiaries of the trust with the percentage of interest. Name and Address Thomas S. Monaahan Tim Haines (Trusteel Percentage of Ownership 100% d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contrad: Application For Public Hearing For PUD Rezone 6/14/04 r , Agenda Item No, 88 June 26,2007 If any contingency clause or contract terms involve additional parties, IistPclll'~lll8Hlfcftials or officers, if a corporation, partnership, or trust. f. Name and Addr.... g. Date subject property acquired ISI August, 2002 leased 0 Term of lease yrs.fmos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated clo.ing date , or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed lel!al description of tbe nronertv covered bv tbe application: (If space i. inadequate, attach on separate page.) If reque.1 involve. change to more than one zoning di.trict, include .eparate legal de.cription for property involved in each dl.trict. Applicant shall .ubmit four (4) caple. of a recent survey (completed wilhin the la.t .Ix months, maximum 1" to 400' scale) If required to do so at the pre-application meeting. NOTE: The applicant Is responsible for supplying the correct legal de.crlption. If question. ari.e concerning the legal de.cription, an englneer's certification or sealed survey may be required. SectionlT ownshi plRange Lot: Block: 22 I 48 South f 26 East Subdivision: Plat Book Page #: Property 1.0.#: 00187400000.00187400002. and 00188040005 Mete. & Bounds De.criptlon: BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (114) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEFTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (114) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY: FLORIDA. EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY, PARCEL 3: Application For Public HellTing For PtJD RczOT1e 6/14/04 THE EAST HALf (112) OF THE SOUTHEAST QUARTER (114) Of THE SOUTHEAST QUARTERI(qJJ)d~~~~~~ 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORlDA, SUBJECT TO AN EAS"~Jtljl~39 PUBLIC RlGHT-OF-W A Y OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RJGlIT-Of- WAY. , COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (114) OF SAID SECTION 22, S, 00'51 '06" E., A DlST ANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRJBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00'51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (114) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00050'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RJGHT-Of-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89057'31" W" A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00'44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N, 00045'01" W., A DISTANCE OF 1334,03 FEET: THENCE N. 89'56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRJBED HEREIN. CONTAINING 2,563,2834 SQUARE FEET OR 58.8 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRJCTIONS OF RECORD. Size of orooertv: :t656.5 fl. X 3,960 ft. = Total Sq. Ft. Acres :1:58.84 Address/l!enerallocation of subicct DroDert\': The property is located in the northwest quadrant of the Jmmokalee Road and Collier Boulevard intersection. PUD District (LOe 2.03.06): o Residential o Commercial o Community Facilities o Industrial [8J Mixed Use ADJACENT ZONING AND LAND USE Zoning N PUD S PUD E PUD W A Land use Mirasol - undeveloped lands Richland - Pebblebrooke Lakes residential subdivision Heritaae Ilav DRI- undeveloDed UndeveloDed Parcels Does Ihe owner of the subject property own property contiguous to the subject property? If so, give complete legal descriplion of entire contiguous properly. (If space Is Inadequale, attach on separate page), _NLA Sectl onlT own s hip IRa nge Lot: Illock: Pial Book_ Page #: Metes & Ilounds Descrlplion: / I Subdivision: Properly I.D.#: Application For Public Hearing For PUD Rczune 6/14/04 r REZONE REQUEST ^lleREl~ I:;~ N~ Q~ . . ;:Ugne~ ~56j~~: MPUD zoning dlstriel{s). . This application is requesting a rezone from the -A- zoning district{s) to the Present Use of the Property: Vacanti Aariculturai Proposed Use (or range of uses) of the property: Mixed-use develoDment IncludinQ an Activltv Center Commercial tract and a residential comDonent. Original PUD Name: N/A Ordinance No.: N/A EVALUATION CRITERIA PursuQnt to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation 10 the Planning Commission, and Ihe Planning Commission's recommendation 10 the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative slatement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.Bl 1. The suitability of the orea for the type and pattern of development propo.ed in relation to physical characterlstics of the land, surroundIng areas, traffic and access, drainage, sewer, water, aod other uttlities. a) The Tree Farm MPUD is located in an area that Is ideal for the proposed mixed-use development. The area surrounding the Immokalee Road and Collier Boulevard intersection was specifically chosen by the County as an area where future commercial and higher density residential uses should occur. In order 10 promote such development, the general area was given the Urban Mixed Use designation on the Future Land Use Map (FLUM) and the Immokalee Road and Collier Boulevard intersection was specifically designated as Activity Cenler #3. As described in Ihe Future Land Use Designation Descriplion Seclion of the Collier County Comprehensive Plan (Plan), the Urban Mixed Use designation, which conlains the Urban Residential Subdistrict, "is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unil Developments." Lastly, the Mixed Use Activity Center Subdistrict contained under the Urban Mixed Use designation, "is designed to concentrate almost all new commercial zoning in localions where traffic impacts can readily be accommodated," and Activity Centers are "intended 10 be mixed use in character." b) The proposed PUD is located away from the Coastal High Hazard Area, and does not contain environmentally significant habitat. c) The proposed project is consistent with the existing land use pallern, given the PUD Zoning adjacent, and surrounding the proposed PUD property. d) Existing County infrastructure, the planned northern extension of Collier Boulevard and widening of Immokalee Road, and roadway and drainage infrastructure commitments allendan! to the approval of this PUD will ensure that the Level of Service for all utilities afe met or exceeded. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and molntenance of such areas and facilIties that are not to be provided or maintained at public expense, Flnc;lings and recommendations of this type shall be made only after consultation with the county attorney. Application For Public Hearing FOT PUD Rezone 6/14/04 , . . " Agenda Item N\>. 88 The documents submitted with th.s Petrhon Applicatron provide evidence of unified contr9l", ~1!!~!l7 the proposed PUD document makes appropriate provisions for continuing operation a~i'ltlro(cilil:@ of common areas. 3. Conformity of the proposed PUD with the goals, objecllves and policies of the growth management plan, The documents submitled with this Petition Application provide evidence of unified control. Furlher, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 4. The Internal and external compatibility of proposed uses, which conditions may include restrictions on . locotion of improvements, restrictions on desIgn, and buffering and screening requirements. The MPUD Master Plan has been designed to optimize Internal land use relationships Ihrough the use 01 various forms of open space separation, vegelated buffers, and Inlernal roads. Additionaliy, most external relationships are automalically regulated by the land Development Code to ensure harmonious relationships belween projects. Interconnections between the Activity Center/Commercial Distriel and Residential Districts and with the adjacent properlies have been provided. Access 10 the property, is. compliant with Collier County access management guidelines. A common architeclural theme has been developed, an integration of compatible uses, and natural transition from more intense commercial uses to less intense busyness park uses has been achieved. 5. The odequacy of usoble open space areas In existence and as proposed to serve the development. The omount of open space set aside by this proposed project meets or exceeds Ihe provisions of the land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facililles can be provided. 7. The ability of the sublect property and of surrounding areas to accommodate expansion. Ability, In this context, implies appropriate supporting infrastruclure such as waslewater disposal system, potable water supplies; characteristics of the property relative to hazards; and sufficient road capacity to support demands from urban development. Relallve to this Petition, development of the subject property is timely, because supporting Infrastructure are available, or will be in place by the lime permitting of the proposed improvements is complete. 8. Conformity with PUD regulotlons, or as to deslroble modifications of such regulations in the porticular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed MPUD document are conslslent with commercial and residential development standards of the Collier County land Development Cod.. Deed Restrictions: The County is legally pr.eluded from enforcing deed restrictions, however, many communitIes have adopted such restrictions. You may wish to contoct the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request Is affected by existing deed restrictions. Previous land use Detitions on the subied DrODertv: To your knowledge, has a public hearing bean held on this property within the last year? 0 Ves I:gj No If so, what was the nature of that hearing? AppliGation Far Public Hearing For PUD Rezone 61!4fQ4 , Agenda Item No, 88 June 26, 2007 Page 90 of 339 NOTICE: This application will be considered "open" when the determInation of "sufficiency" has been made and the appiicatlon is assigned a petition processing number. The applicatIon wlll be considered "closed" when the petitioner withdraws the application through written notice or ceases to sucoly necessary information to continue nro . or oth"'wise activelv "u""" the rezoninN fo' a "erlod of six 16\ months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn, An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (lDC Section 10.03.05.Q.) Application for Public Hearing For PUP Rezone 6/14/04 . STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. 88 June 26, 2007 Page 91 of 339 APPLICANT INFORMATION NAME OF APPLlCANT(S) Tree Farm Land Trust ADDRESS 2600 Golden Gate Parkwav CITY Naales TELEPHONE #r2391 403-6922 CELL # E-MAIL ADDRESS: don,schrotenboer@avemaria,edu STATE FL ZIP 34105 FAX # (239) 649-7256 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): NIA LEGAL DESCRIPTION Section/Township/Range 22 / 48 / 26 Lol: Block: Subdivision: Plat Book Page #: Property 1.0.#: 00187400000. 00187400002. and 00188040005 Metes & Bounds Description: BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF- WAY, PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT.OF-W A Y OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00'51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LlNE, S, 00'51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S, 00'50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A lOOFEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89057'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00'44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST.WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEA VING THE SAID EAST.WEST QUARTER (1/4) LINE N, 00045'01" W" A DISTANCE OF 1334.03 FEET; THENCE N. 89056'17" E" A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. . CONTAINING 2,563,283.4 SQUARE FEET OR 58.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Application For Public Hearing FOI' PUD Rezone 6/J4/04 r Agenda Item No. 88 June 26, 2007 d , , TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e . SEPTIC SYSTEM ~ o o o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM [8l b. CITY UTIlITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 TOTAL POPULATION TO BE SERVED: 764 (425 du x 1.81 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 271.49 GPM B. SEWER-PEAK 64,19 GPM Potable Water Average Daily: Residential: Commercial: Total: Peak: Residential: Commercial Total: Sewer: Average Dally: Residential: Commercial: Total: Peck: Residential: Commercial: Totcl: AVERAGE DAILY AVERAGE DAILY 161.340 GPO 32,200 GPO 764 x 185GPD= 141,340GPD 200,000 sf x 0.1 = 20,000 GPD 141,340 + 20,000 = 161,340 (141,340 x 2.2)/1,440 = 215,94 GPM (20,000 x 4)/1,440 = 55.55 GPM 215,94 + 55.55= 271.49 764 xl 00 GPD = 76,400 200,000 sf X 0.1 = 20,000 76,400 + 20,000 = 96,400 (76,400 x 2.2)/1,440 = 116,72 GPM (20,000 x 4)/1,440 = 55.55 GPM 116.72 + 55.55 = 172.27 Peak = Average Daily x 2.2 peak faclor + 1440 minutes (Residential) Average Daily x 4 + 1440 minutes (Commercial) Application For Public Hearing For PUD Rezone 6/14/04 , Agenda Item No. 88 June 26, 2007 Page 93 of 339 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED June 2007 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schemotic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposai. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. The proposed project is located within the service boundaries of the Collier County Utility Service System. Liquid and solid effluents from the project will be directed to the Collier County North County Regional Wastewater Treatment Plant. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the proJect is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided ogreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with 011 applicable County ordinances in effect at the at time. This statement shall also Include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre.applicatlon meeting, if the prolect is to receive sewer or potable water services from any provider other than the County, 0 statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Application For Public Hearing For PUD Rezone 6/14/04 r ~ ,.' Agenda Item No. 88 June 26, 2007 Page 94 of 339 (i) AFFIDAVIT I, Donald R. Schrotenboer, Property Owner's Represelltative, being first duly sworn, deposes and says that Thomas S. Monaghan ts the property owner and contract purchaser of the property described herein, and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementalY matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated VI' County printed shall not be significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As Owner's Representative, I further authorize Robert J Mulhere, Planning Director of RWA, Inc., to act as my representative in any matters regarding this Petition. nature of Property Owner's Representative ~"""-'=> ~ S-:'?cnf:: I~ Typed or Printed Name of Property Owner's Representative rh;j/~~. , /l lLlLL,u2LJM___.H-idfJPl State. afFlorida Counl~~.~:(:Q.lH~...... n.. .., ........ .......... " i ~~,,\\~~Il~~',.,... CHRISTINE. A. DORER ! i~~i\ Commls6lon # DD01B7912 5 \<~~;.~., .; ExpIres 2/2.'\/2007 5 'l-/;~~'>. Bonded tl.-::=I-':::'1 t(~~~:~2~ F' ::rido No~~ " (Signature of Notary Public - State of FfRrida) ~.;j!z/ d/ NF /l ,Q:1;ZOZ (Print, Type, or Slaml-Commissionea Name of Notmy Public) (i) Agenda lIem No, 88 June 26, 2007 PUDZ-200S-AR-8284Pa_oe 95 of 339 PROJECT #2004070026" DATE; 9/14/05 MICHAEL BOSI ,jFFIDAVIT 1, Timothy G. Hains, Trustee of the Tree Farm Land Trust, being first duly sworn, depose and say that Tree Farm Land Trust is the property owner of the propaty described in the Application for Public Hearing" and which is the subject matter of the proposed hearing; that all the answers to the questions ill this applicatioll, including the disclosure of intaest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must he complete and accurate and that the content of this form, whether computer generated or County printed shall not be significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As Trustee of the Tree Farm Land 71'ust (property uwner), I designate Donald R, Schrotenboer, to act as representative. I.further authorize Robert J. Mulhere, AICP, Director of Planning jor RWA, Inc, and George 1. Vamadoe of the law firm Cheffy, Passidomo, Wilson & Johnson LLP, to act as our representattve in any matters regarding this Petition, BY: State of Florida County of Collier -ob Theforegoing instrument was aclmowledged before me this ---.f c;:::l (lay of September, 2005, by Timothy G. Hains, who is personallv known to me or has produced _ as identification, ~?("L-~'t.v',---L~ .L-/ ignat 'e fNotmy Public - State of Florida) Print me Suzanne Howard lyfy comnussiolt expires: "''''1' 4'f.':&"~ SUZANNE HOWARD !~, ,,\ MY COMMISSION' DD 254804 'i):;" }:i EXPIRES: November 6, 21107 ''lIP,r;;f;.''l''~ ~Thror-:olaryP\lbll;Und$rwliter# QBNAP\474969,1 . Agenda Item No. 88 June 26, 2007 TPaqe. 96 of 339 ree Farm MPUD Collier County, FL CONSULTANT TEAM AgentiPlanning/SurveyinglConceptual Water Mauagement Robert J. Mulhere, AICP RW A, Inc 3050 Horseshoe Drive, Suite 270 Naples, Florida 34104 Legal Agent/Legal Counsel George L. Varnadoe Cheffy, Passidomo, 'Vilsou & Johnson LLP 821 Fifth Avenue South Suite 201 Naples, FL 34102 Traffic David Plummer & Associates 1750 Ponce De Leon Blvd. Coral Gables, FL 33134-4417 Environmental Passarella and Associates, Inc. 9110 College Poiute Court Ft. Myers, FL 33919 . Site Design AglloIi, Barber & Brundage 7400 Tamiami Trail North Suite 200 Naples, Florida 34108 Market Analysis Fishkind & Associates 11869 High Tech Avenue Orlando, FL 32817-1490 PUDZ-2005-AR-8284 PROJECT #2004070026 DATE: 9/14/05 MICHAF,L BOSI 1 Y'Xl(\~' (ll....q \',,,~h.lo",,, c N~IJL'l'IN r"'l'--",,- A......l u.. ..lL~"".~ EXHIBIT A COVENANT OF UNIFIED CONTROL AQenq,U!em No, 88 PUDZ-2005-ItK-8J\J\te 26, 2007 PROJECT #2001W~~ of 339 DATE: 9/14/05 MICHAEL BOSI The undersigned do hereby swear or affirm that they arc the contract purchaser of record ofproperticommonly known as TrceEIDJIl h-jPUD. and legally described in Exl,ibit A attached hereto, The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate Robert J. Mulhere, Director of PlaIUling, of R W A, Inc" legal representative thereof, as the legal representative of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to) the hiring and authorization of agents to assist in the prepnration of applicationsl plans, surveys, and studies_necessary to obtain zoning approval on the site. These representatives wHl remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property wiJl be developed and nsed in conformity with tbe approved muster plan including all conditions placed on the development and all conunitments agreed to by the applicant in connection with the plmmed unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditionsj safeguards, and stipulations made at the time of approval of the master plan, even" if the property is subsequently sold in whole or in part, imless and until a new or amended COvenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a faih~c to comply with any requirements, conditions, or safeguards provided for in the planned unit developrr~entproees~ ,:"ill cot:'stitut~" a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to. subsequent owners that all development activity within the planned Ullil development must be consistent with those terms and conditions. "I 5. So long as this covenant is in force, Collier County call, upon the discovery oflloncompliance with the terms, safeguards, and _ conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned lI~rjtlopment and the County may stop ongoing construction activity until the project is brought in~ct with.1l te' s, ~ it' sand safegnards oflhe planned unit development. Donald R, Scln'otenboer Property Owner's Representative ~'<;:. '\C. ~\'-J>.\~12 Printed N ume STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or aflilmed) and subscribed before me this o +h. dayof JGIL/ I . 2005 by Donald R. SChrotenboer, Property Owner's Representative, who is personallykllO\i>11 to me or 11<18 produced . a,identification. %-~l~~ NotarK\'K-I'IIJ. DAVIDSON . ~.,' ."~, ~. _..~~ '. " .,.~- .,.,-rmp~, ". KIM D. DAVIDSON J {;(,Ai"'[.j My COMMISSION # DO 060282 '~;'~"7 EXPIRES: February t9, 21XlS "t'rit;.fr~ Bonded ThruNolarj f>ubIICUOOOffltllol' (Name typed, IJrinted or stamped) JJp 00('CJ,~d-. (Serial Number, if any) 0:\2003103-0218,00 Tree Farm PUDI0004 PUD Applic"lionlCovonant of Unified Conlrol updated 6-29-05.doc r Agenda Item No, 86 June 26, 2007 Page 98 of 339 EXHIBIT B COLLIER COUNTY UTILITY DEDICATION STATEMENT I, Donald R. Schrotenboer, Property Owner's Representative, being first duly sworn, depose and say that Thomas S, Monaghan, Property Owner, agrees to dedicate to Collier County Utilities, the water distribution, and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time, Additionally, Thomas S, Monaghan, Properly Owner, or successor developer agree that the applicable system development charges and connection fees will be paid to the Comly Utilities Division prior to the issuance of building permits by the County, Finally, and if applicable, Thomas S, Monaghan, Property Owner, or successor developer agrees to dedicate the appropriate utility easements for serving the water and sewer systems, .g)~~ nald R. Schrotenboer, Property OV\'l1er's Representative Thef9regoing,lnst.rument ~ ap,knowl.e~,d before l~thiS ;{ ~ day ofJIl/Vf.lIli!;j 200T---> by [);.npJcf, ,,JClirr)j::, .,.;;no IS personally known to me or has produc . _as identification. . State of Florida. , CO\!tlty of Collier r /)/!A/;fll M ';;' /217L/l / (Signature of Notary Public - State of Florida) 1..1........."......._'~,.......t,..........,1.,.h..... , '." :::~,~;~l;~'i~,.' CHRISTINE A. DORER '; i f?T~~;~ . CommIssIon 11 DD0167012 i : >.kl")'" Expires 2/24/2007 . . ~<1q'~...;l-".'-)$ : :: ~<;-'lllo:;-:,.~;;l' Bonded through : : (60D.4~2~,I~::;.i) Florlda Notary !>.Gen., Inc. ~ ~''''''''I'''''''''''''''''''''''''''''''' . ...,...,. U7i/ jr{/ N /:+: (;Jtver (Print, Type, or Stamp Commissioned Name of Notary Puhlic) PUDZ-2005-AR-8284 PRO.JECT #2004070026 DATE: 9114105 MICHAEL BOSI Agenda Item No. 88 June 26, 2007 Page 99 of 339 EXHIBIT C RWA,Inc 3050 Nord\ Horseshoe Dr, Suite 270 Naples, Florida 34104 To Whom It May Concern: Please be advised that authorization is hereby given to the finn of RW A, Inc., to act as agent in all actions relating to the pernlitting of a residential land use on the following described lands: A portion of Section 22, Township 48 South, Range 26 Eas~ as follows: Parcel 1: (O,R. 149, p. 489) The east half of thc soudleast quarter of the southeast quarter of Section 22, Township 48 South, Range 26 East, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easement for public right-of-way over and across the east 30 feet thereof; and excepting the south 100 feet thereof prcviously dedicated for canal right-of-way. Parcel 2: (O.R. 129, p. 205) TIle east half of the northeast quarter of the soudleast quarter of Section 22, Township 48 South, Range 26 Eas~ Collier County, Florida: subject to existing reservations and restrictions of record; excepting and reserving there from the east 30 feet and dlC north 30 fect thereof as an access easement for highway right-of-way, Parcel 3: (O.R. 129, p. 204) TIle east half of the southeast quarter of the northeast quarter of Section 22, Township 48 South, Range 26 Eas~ Collicr COWlty, Florida; subjcct to existing rescrvations and restrictions of record; excepting and reserving dlCre from dle east 30 feet and the south 30 feet thereof as an -_"~,."""","",,<,.w,,,. . ,e;~ ~ Schrotcnboer, Property Owner's Representative STATE OF FLORlDA COUNt" OF COLLIER The loregoi"g instnnnent was acknowledged before llle thi"" ~ day of~;'JIv IJ/}-Rl/. 2004, by Donald R. . cOjtent,oer, I?roperty Owner's Representative, who is p~OnallY known to me, and Wll6 did not take an oath. t1&:1f7 t\A 4- !/J~ i"~~m1%.~:Y"P~WNE'A.'Di:iiiER"'; I i~ht- '\ CommIssIon t# D00187912 ! i ~~~/ ~ i Expires 2/24/2007 E j ~~ZOfj':;.,;." Bonded through : : (8()0-4:J2~254) Florida Notary Assn., lnc. ~ ........,............................................ NOTARY PUBLIC Commission Nllll\bcr: Wilness my hand and syo! this 2. (,I day of, (jJ7 (j{/ ') . 209i.' <f PUDZ-2005-AR-8284 PROJECT #2004070026 DATE: 9114/05 MICHAEL BOSI P:\2003\Q3-0218.00 56-Acre Tree Farm Propl:lrty\0004 pun Appliclltion\Agent-Lettor }-20.04.doc , .. . Agenda Item No, 88 PlJDZ-2005-AR-8284 June 26, 2007 PROJECT #2004070026 Page 100 of 339 DATE: 9/14/05 MICHAEL BOSI fliJjJ UNITED STI:JTES f</!.O POSTAL SERVICE August 18, 2005 @@~~~~~ ~ 191 i~ ~b . I'-I\J'G '2 '2 l\jTI' Valerie G. Rine RW A Consulting Inc. 6610 Willow Park Drive Suite 200 Naples, Fl. 34109-8916 -- ----- -_...--- -~ Letter of no objection, Tree Farm Ivll'UD, . TliePostal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. All new developments are" Central Delivery". Sincerely, . ~SK.ck.- Bob Skebe Growth Management NAPLES MAIN OFF(CE 12QOGOODLETIERDN NAPLES, FL 34102-9996 ., . Agenda Item No. 88 June 26, 2007 Paa ~ I or 3.;::1 AGE 81' P IQe 2/4 ,? .. f( rVi) 941 649 70581 '~ESSING Feb.le.04. 11 :19; 02/14/20B4 21:41 Sent By: RWA) 5595724 ", EXHIBI1;~,";;,!, '.' . :'~.i{: ADDRESSING CliECKLT$l' Please co:uplete the ~oJJowing JlllQ submJt to the Addressing Section for .Review. Hgl.ll '~::';l:; i!x.lQ. . .ox1m' proleo!. Itom. m bold l:yJ)b lire reoulreq,. . _ .~ J ~ Legal d".crlJ.ltlon of subject pro{"'rty or properties (copy o/Ieitgthy description may be a 'ml . . Attached Po_"" ~ J"'!. '2:...::', l \ I: '\ "), "Z..~- 4 S - E...(" '_._ Z. Folio (l'roperty JD) nllmbor(~) of.hove (artach /0, or associate with, legal descriptlan ifmol't! ti an one) f.9lio #OOl!l~040005. 001874<l002. and 00187240000 3; Street address or addresses (a.! applicable, ifal,.wdy ClSS.gnOO) ,Eoliq.lffi0188040005 aOdtess i. 8799 tmmokale~ Road. no sit~ addressfpLilOOl.$.140002 and 0018 i24000q The nroocrtv is locatfi!l! ioJbe northwC!lt ouadrant oftbeJ;UlIIlokalee Road and com", BO\lleva:rd . mtcrnect;Qn. _ ' 4. Location map, showing eXllet location ofprojecll$ite in relation to nearest public road right-Mows r (attach) , 5. Copy ofalll'Vey (NEEDED ONLY FOR. UNPLATTED P1WPERTlES) 6. Proposed project narne (lfappllcablc) Tr~~ Fann MPUD 7. Proposed Street nartles (If appllcnble) NIA . 8. SIte Development Plan Number (.FOR EXlSTlNG PROJECTS/SITES ONLY) SDP - 9. )>ctition Type ~ (Complete Ill;OJlnrate Addnlssing Checklist for each Petition Type) . 0 SDP (Site Development Platl) o SbPA (SDP Amendment) DSDP! (SOP Insubstantial Change) 8 SIP [Site Improvement Plsn) SIPA (Sf? Amendment) o SNR (Street Name Change) o VegetatlnnlExotie (Yeg. Removal PcrmJlll) r8l Land Use Patition (Yarinnce, Ccmditlonal Use, . Boat Dook Ex!., Rcwne. PUD rezone, etc.) o Otllcr - Dcscribe: .. o PPL (plans & Plat Review) o PSP (Prelintinnty Subdivision /'lllt) o F1' (Final Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) OD ROW (Right-of-Way Pemrit) EX]> (Excavation PemJit) o YR.'>!'P (Veg. Removal &Site Fill Pen lit) Project or development munC8 proposed for, or al:raady appearing in, oOnUOllllJ1illl'l1 do<>urncnb (if applicable; indicate whether Proposed or existing) .' .' - 10. Please Check One; I:2J Chccldist is to be Fllxed BlICk 0 Personully Pieked Up .' II. ^:pp!lcant Name ~alarill G" ':-in" - RWA me, . Phone 2~9-64?l509 ]ar....6l~j1-649-705 L 12. Slgnatw'e on AddreSllll1g CheGldist does not cOllatitute Project and/or Street Name approval and is sub :~t to further review by the Addressing Section. li'ORSTA11FliSE ONLY Primltty Nw:nber 3'l9 1+ AddrMll Number 31'1 'Zl Address NU1llb~ 3'b l y_ Addross Num!>er ApproVed by ~ I11A'tt'J...rri Date r~ - 17 - 0 i t: .11..vi,.d 3-Z I -0 J PUDZ-2005-AR-8284 PROJECT #2004070026 DATE: 9/14/05 MICHAEIJ BOSI , Agenda Item No. 88 June 26, 2007 Page 102 of 339 Prepared By/Return To: Janice L. Russell, Esq. . Akerman, Senterfitt & Eidson, P .A. One S.E. ThIrd Avenue, 2Sth Floor Miami, FL 33131 Folio No. 00187240000: 00187400002; 00188040005 3037855 OR: 3099 PG: 3453 RSCORD!D in OllICI~L RSCORDS of CO.LISR COUR~Y, !L 08119/1001 at 03:1BPK DYIGH~ 8, BROCK, tLSRI . CORS . \100000,00 RSC lEB 15.00 DOC-.l0 31900,00 '..1 Retn: QUARJ.iS & BRADY 1501 T!J!UJ(1 TR R t300 HAPLSS 1\ 31113 30iO SPECIAL WARRANTY DEED .' . . .. J&.. . THIS SPECIAL WARRANTY DEED made and executed this ~ day of August, 2002, by FLORIDA PANTHERS NAPLES, INC., a Florida corporation, whose post office address is 501 Camino Real, Corporate Office, Boca Raton, FL 33432, hereinafter called the Grantor, to THOMAS S. MONAGHAN, as Trustee of the Thomas 5, Monaghan Living Trust Under Agreement dated December 29, 1975, with full power and authority to protect, conserve and to sell, lease, or to encumber, or otherwise manage and dispose of the real property in accordance with Section 689,071, F.S., whose post office address is 24 Frank Lloyd Wright Drive, P.O, Box. 445, Ann Arbor, MI 48106, hereinafter called the Grantee, WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Collier County, Florida, viz: PARCEL 1: The East half of the Southea~t quarter of the Northeast quarter of Section 22, Township 48 South, Range 26 East, Collier County, Florida, excepting and reserving therefrom the East 30 feet and South 30 feet thereof as access easement for highway right-of-way, . PARCEL 2: The Ea~t half of the Northeast quarter of the Southeast quarter of Section'n, Township 48 South, Range 26 East, Collier County, Florida, excepting and reserving therefrom the East 30 feet and North 30 feet thereof as access easement for highway right-of-way. PARCEL: 3: The East half of the Southeast quarter of the Southeast quarter of Section 22, Township 48 South, Range 26 East, Collier CQunty, Florida, subject to an easement for public right-of-way over and across the East 30 feet thereof; and excepting the South 100 feet thereof for canal right-of-way. {MI316841;1} PUDZ--2005-AR-8284 PROJECT #2004070026 DATE: 9/14/05 MICHAEL BOSI Agenda Item No_ 88 June 26, 2007 Page 103 of 339 OR: 3099 PG: 3454 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, SUBJECT, HOWEVER to tile fo[low[ng: 1. Conditions, reservations, restrictions, limitations and easements of record, without intending to reimpose the same, 2, Applicable zoning ordinances. 3. Taxes for the year 2002 and subsequent years, AND the Grantor hereby covenants with said Grantee that It is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land, and that said land is free of a[1 encumbrances except the matters herein-abovementioned to which the deed is made subject. The Grantor does hereby fully warrant the title to said [and and will defend the same against the [awful claims of all persons claiming by, through or under Grantor and against none other, Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and th6 heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, IN WITNESS WHEREOF the Grantor has signed and seaied these presents to be effective the day and year first written above, Signed, Sealed and Delivered In the Presence of: FLORIDA PANTHERS NAPLES, INC., a Florida corporation By:~flu7 Richard L. Handley Vice President [CORPORATE SEAl] (M"'684l :1\ . Agenda I\em No, 88 June 26, 2007 Page 104 of 339 ~~~ OR: 3099 PG: 3455 ~~* STATE OF FLORIDA ) )ss; COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this 22nd day of August, 2002, by Richard L. Handley ,as Vice President on behalf of FLORIDA PANTHERS NAPLES, INC., a Florida corporation, who is personally known to me, lie State of Florida mission Expires: m'~"'... 1" ~,~ MAmtEWl.AHOERSON . ., Nolay~-SIaIlIo!FIIridCI ~-.:;.j lI."N My Co<mIaIonIl>l>NSeIl!.2lll4 '",,""f.W' . c:..nm.slM, CC945:l!l1 ~ (M1826841;1) M~ti908<l;1 Prepared By: Janice L.Russell, Esq. Akerman, Senterfitt &. Eidson, P .A. One SE 3rd Avenue, 28th Floor Miami, Florida 33131 Agenda Item No, 88 June 26, 2007 Page 105 of 339 3037856 OR: 3099 PG: 3456 RBCORDBD in OPPICIAL RECORDS of COLLIiR COUifY, IL DI129/1002 at 03:18PK DiIGH~ B. BROCl, CLBRl REC !8B 10,50 DOC- ,10 ,1D ~. R~tn: QUARLBS & BWi 15Dl fAKIIJII IR N 1300 NAPm !L 31lD3 3060 Folto No. 00187240000; 00187400002; 00188040005 QUIT CLAIM DEED . JJL . THIS QUIT-CLAIM DEED, made and executed this ~ day of August, 2002, by FLORIDA PANTHERS NAPLES, INC., a Florida corporation, whose post office address is 501 Camino Real, Corporate Office, Boca Raton, FL 33432, hereinafter called the Grantor, to THOMAS S. MONAGHAN, as Trustee of the Thomas S. Monaghan living Trust Under Agreement dated December 29, 1975, With full power and authority to protect, conserve and to sell, lease, or to encumber, or otherwise manage and dispose of the real property in accordance with Section 689,071, F.S., whose post office address is 24 Frank Lloyd Wright Drive, P.O. Box 445, Ann Arbor, MI 48106, hereinafter called the Grantee: . WITNESSED, that the said grantor, for and in consideration of the sum of S1.00, in hand paid by the said grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby remise, release and qUit-claim unto the said grantee forever, all the right, title, interest, claim and demand that the said grantor has in and to the folLoWing described lot, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to-wit: PARCEL 1: The East half of the Southeast quarter of the Northeast quarter of SeCtion 22, Township 48 South, Range 26 East, Collier County, Florida. PARCEL 2: The East half of the Northeast quarter of the Southeast quarter of Section 22, Township 48 South, Range 26 East, Collier County, Florida.' . PARCEL 3: The East half of the Southeast quarter of the Southeast quarter of Section 22, Township 48 South, Range 26 East, Collier County, Florida. (MI'2.''';I} MI~(i908:-4;1 r Agenda Item No, 88 June 26, 2007 P.age 106 01339 *** OR: 3099 PG: 3457 *** TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise apperta'lnlng, and all the estate. right, title, interest, lien, equity and claim whaisoever of the said grantor, either in law or equity, to the only proper use, benefif and behoove of the said grantee forever. (Wherever used herein the terms "grantor" and 'grantee" shall include singular and piural, heirs, legal representatives. and assigns of Individuals, and the successors and assigns of corporations, wherever the context so admits or requires,) IN WITNE:SS WHEREOF, the Grantor said has signed and seaied these presents the day and year first above written: Signed, Sealed and Delivered In the Presence of: PRIN~l)j,ESS FLORIDA PANTHERS NAPLES. INC., a Florida corporation By: [CORPORATE SEAL] STATE OF FLORIDA ) )55: COUNTY OF BROWARD ) . The foregoing instrument was acknowledQed before me thls22rrl day of August, 2002, by Richard L. Handley , as Vice>'resJ.dEmt on behalf of FLORIDA PANTHERS NAPLES, INC., a Florida corporation, who Is personally known to me, ~/ Not81:Y lie, state of Florida . i ~.t"~"Jr~~ . G1~ M'TIliOWa.AHDtRSOH a. . ~ NottAy l'ubl;- S10te 01 'Aof\Cb . -. ~-' MrCanJri>lkln""""Sop5,~ ,,'ff,:X-'~ CollWT'lBcntCC9~ {MU\26B4L;l} MI56~084;1 o:n--- 0) 0000') o~:2 20,0 ;:::NI'- ID"'O :::::;:::i..... C'O:S (j) "0 -, OJ ~ m 2i.i n. 0) <( I'll :: # " " '" w ,..'. ~ ~ J v: I t ~ f ;;l 1= ,~ v ' 0( ~ ~'~ ~" 4.\ , ~~ (:)\ ~ ~ 1, , (l Ctl ~ 0' ~ , Q.'l .. ~ i:! -1\ \ o ~ . 3 ~ t: , ~ .. ~ ~ r . :-\ ~ .' ~ S ~ I '. ~ " ~ '.......'1 'P."l''''.~''W') '- I ! 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I' \:)A COUNTY OF CULLIEIC_ ) ) ss: ) BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared [Name],who upon being duly swom, deposes and says: I. Whereas, Robert Mulhere of R W A, Inc, is the Owner's agent for the Tree Farm MPUD Petition # PUDZ-2005-AR-8284; and 2, R WA has conducted public records searches specifically pertaining historical information for Folio # 00187400002, a.k.a. the "Center 20 Acre Parcel"; and 3. No Notices of Violation regarding clearing of native vegetation for the Center 20 Acre Parcel could be found within the public records of Collicr County; and 4. No records of Native Vegetation Removal Pel111its or Notices of Commencement for agricultural clearing of the Centcr 20 Acre Parcel could be found within the records of the Collier County Environmental Permitting and Review Department; and 5. A historic aerial photograph of thc subj ecl parcd was obtained fi-om the Collier County Soil and Water Conservation District dated November 14, 1975 showing the Center 20 Acre Parcel covered with native vegetation; and 6, A historic aerial photograph of the Center 20 Acrc Parccl was obtained fi-om the Collier County Propelty Appraiser's Office dated February 24, 1981, showing the parcel cleared of natural vegetation and planted with rows of trees; and 7. The parcel began receiving agricultural exemption tax status in 1981; and 8. The subjcct parcel was in continual bona fide agricultural use from 1981 through 2002; and 1 of2 0:\2003\030218.00,00 Tree Farm PUD\0005 Public Participation Plan\Affidavit of Research, doc . Agenda Item No. 88 June 26, 2007 Page 118 of 339 9. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein, FURTHER AFFIANT SAYETH NAUGHT. ......t~ N a111e ~------~_._'- The foregoing instrument was sworn to, subscribed and acknowledged befOTe me this_~1'" day of cu. ,200..-lby Ro"",,e.'l:-:J...M..VL-Hcfi'E. Gilo is pcrsona y nown to 1l1~ l' has produced as identification. . i~. TRISHAMCPHEASON f.1 I 'r-i MY COMMISSION I DD 632390 ~\ '. /(I EXPIRES: Janua~ 23, 2011 ~ft'I'~ BondeclThnlt<<lllllYNlkUndalWlllll'll [Notmy Seal] ,_) Iv-4.L\D.- ()1 CYkQ~ Notary Public Printed Name: ~ZI",,*\A MC(\..te:.,e,SoJ My Commission Expires: ....Ci.:.d.:",:>.- i I 20f2 0:\2003\030218.00.00 Tree Farm PUD\0005 Public Participation Plan\Affidavit of Research.doc ror--m COOM . OM ON~ Z ,0 E{B~ Q)Q)~ :=::CQ) ",:Jm '0'", C D.. Q) m <{ z o w- ....t;: 00 9 ,< :~ .. a. <( ~ "IV"" ,06 .~-:)) CV\1S!l3mco (!) Z Z o N . .. . 0 ,< d ~~ '~ . ~ ~ ~I o~ ~ "< > ,,< i > . ... 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Agenda Item No. 88 June 26, 2007 Page 124 of 339 EXHIBIT "B" LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL I: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (114) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT -OF- WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (114) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT-OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT -OF- WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00051 '06" E" A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00050'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N, 89057'31" W., A DISTANCE OF 660,13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00044'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00045'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89056'17" E., A DISTANCE OF 653,36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN, CONTAINING 2,563,283.4 SQUARE FEET OR 58,84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 0:\2003\030218.00.00 Tree Fann PUD\o006 PUD Application Support\3rd Sufficicncy\EXHIBIT B - LEGAL DESCRIPTION.doc Suoolemental Information for Consideration Agenda Item No, 88 June 26, 2007 Page 125 of 339 To: Collier County Planning Commission From: Robert J, Mulhere, AICP Re: Tree Farm MPUD - AR-8284 - Factors to be considered for Rezone Petitions (In a Mixed Use Activity Centers) Date: May 25, 2007 The purpose of this Executive Summary is to clearly identify the factors to be considered during review of a rezone within a Mixed Use Activity Center (MUAC), with particular focus on two of those factors which have, over that past two years, generated significant confusion during the review of this petition, Initially, the analysis was mistakenly prepared under the requirements for a Comprehensive Plan Amendment. A Comprehensive Plan Amendment to allow a commercial land use designation requires considerably more long range analysis than is required to rezone land that is already designated for commercial uses on the County Future Land Use Map (FLUM), The portion of the Tree Farm MPUD that is requested to be rezoned to allow commercial uses (18.69 acres) is within Mixed Use Activity Center #3, and thus is already designated by the Future Land Use Element and FLUM to allow for the full spectrum of retail and office commercial uses. The following 12 factors are identified in the Future Land Use Element to be considered for a rezone in a MUAC, These factors are listed below, 1, Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code, 2. The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; 3. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; 4, Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; 5, Adequacy of infrastructure capacity, particularly roads: 6, Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; 7, Natural or man-made constraints; 8, Rezoning criteria identified in the Land Development Code; 9, Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code; 10, Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site planlmaster plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections: 11, Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects: 12, Conformance with the architectural design standards as identified in the Land Development Code, Factors 1, 4, 5, 6, 7, 8, 9, 10, and 11 are addressed in the application narrative, PUD document, Master Plan and other exhibits submitted, The staff report addresses these factors, finds that the Page 1 of2 0:\2003\030218.00.00 Tree Fann PUD\0006 PUD Application Support\5th Sutliciency\Subminal DocumenL~ 05-2.5- 07\Supplemcntal Infonnation 05-2S-Q7.doc r Agenda Item No, 88 June 26, 2007 Page 126 of 339 requested rezone is consistent with them or will be given the conditions of approval and developer commitments contained in the Tree Farm MPUD document and Master Plan, Moreover, staff recommends approved of the MPUD, and in doing so finds that there is appropriate need for the requested commercial uses, however, in an effort to provide both staff and the CCPC with the most appropriate, relevant and up-to-date information, we are providing this supplemental Information related to Factors 2 and 3, Factor 2 Factor 2 requires the submission of factual data, This factor does not anticipate or require any further analysis of that data, It clearly asks for the amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. Both RWA, and Fishkind and Associates utilized GIS technology and various County databases to ascertain this information, Given the source of the information (Collier County) and the fact that both the Fishkind and RW A efforts resulted in the same numbers, we are fully confident that this information is factual. Table I below summarizes that data, which is a mixture of office and retail commercial. Developed Commercial and Zoned Undeveloped Commercial Land within Activity Center # 3 and Within 2 Road miles of Activitv Center # 3 Name Acres Apprvd Comm, Sq. ft. Devlped Comm. Sq. ft. Zoning PUDs Heritage Bay (DRI) 73,5 200,000 PUD Richland 21.8 231 ,000 98,628 PUD Mission Hills 33.45 200,000 107,818 PUD Olde Cypress/Woodlands (DRI) 12,5 165,000 80,153 PUD Mission Church 24.18 193,440 PUD Sonoma Oaks 9.38 120,000 PUD Island Walk (DRI) 15 30,000 21,200 PUD Rigas 10,000 10,241 PUD Carolina Village - 150,000 PUD Other 22 48 26 N 90FT OF S 190FT OF 0.28 2,240 C,3 Within Activit" Center #3 224826 N1/2 OF W1/2 OF SE1/4 10 80,000 A 224826 S1/2 OF W1/2 OF SE1/4 8.49 67,920 A 264826 NW1/4 OF NW1/4 LESS 32.55 260,400 A Total 241.13 1,710,000 318,040 Table I Factor 3 Factor 3 is analysis in detail in the attached Feasibility Analysis for Proposed Commercial Lands, In summary however, the analysis finds that by 2010 (the earliest time when the subject commercial might developed), adding the additional 175,000 square feet of office and retail commercial is appropriate and necessary to serve the market area, Page 2 of2 0:\2003\030218.00.00 Tree Fann PUD\0006 PUD Application Support\5th Sufficiency\Submirtal Documents 05-25- 07\Supplemental lnfonnation 05-25-07 .doc .____._"_".._'"...._.w_.____.~.._ TREE FARM MPUD, PUDZ-2005-AR-8284 JANUARY 25,2007 RESPONSE TO COLLIER COU:\TTY TIS COMMENTS OF DECEMBER 14, 2006 Project #03679 Prepared by: DAVID PLUMMER & ASSOCIATES, INC" 1531 Hendry Street Fort Myers, FIor'ida 33901 January 25, 2007 J Agenda Item No. 88 June 26, 2007 Page 127 of 339 [B Agenda Item No, 88 June 26, 2007 Page 128 of 339 DAVID PLUMMER & ASSOCIATES '1'[ 1"1 ) . J," , , II H, .. l-' J, r I . ~ I :~,:1, i-1:-i,]!),'_IFC.:., I-:_,~l" F~ i':-:",tiU 32<.;1::: _.)" ,;,. I..,!,. . f~X :~:. <j ::i:i . Dr :~:i_'i'I;J- v f U January 25, 2007 Mr Tohn Podczerwinsk)' Collier County T ranspOltation Planning Department 2885 HOIseshoe Drive South Naples, Florida 34104 Re: Tree Farm PUD Traffic Impact Statement, #03679 Sufliciency Response PUDZ--200S-AR-8284 Dear Nick, DP A met with you and Mr Nick Casalanguida on Tanuary 16, 2007 at the Collicr County Transportation Planning offices to discuss the latest sufficiency comments related to the traffic impact statement in SUPPOlt of the Tree Farm PUD rezoning. Per our discussion with you, only the road segment analysis has been updated However, to assist the staff with its review, the original TIS and the first round of sufficiency responses are providcd in Appendices. TIle staff informed DP A that an update of the intersection analysis was not required Thelefore, per your direction, our responses to the staffs second wund of sufficiency comments are provided with this letter. Along with the responses, please also find enclosed, a copy of the first round of sufficiency comments and responses dated May 17, 2006 in Appendix I, and a copy of the report titled Tree Fam1 PUD Traffic Impact 51'!teID,~J and dated Revised Tanuary 12, 2006 in Appendix 11 If you should have any questions conceming the above, please do not hesitate to contact our officcs Very truly yourS'f t 1/if0 ~", Vijay K Ko la VKK:sw 03679:] recf:J.ml PULJ SuflicienC]'_012507 cc: Bob Mulhere Ronald Talone Nick Casalanguida Mike DeRuntz ~ :";<: "-i ,- . r'!F~. .:()r": i:,L"-:~fr) 'E Agenda Item No. 88 June 26, 2007 Page 129 of 339 TREE FARM MPUD, PUDZ-2005-AR-8284 JANlJARY 25, 2007 RESPONSE TO COLLIER COUNTY TIS COMMENTS OF DECEMBER 14, 2006 StaffCommellt #27: TRANSPORTA TlON - Nick Casalanguida TIS Requirements (LDC 3 28 4] 6 ; TIS Guidelines) 12/l/06 Review Comments: 1) The TIS requires an update to reDcct the 5 year planning pcriod (currently covers through 2010; I11ust extend through 2012) ResfJonse: A meeting was held between the Collier County TranspOl"fation Planning stafl and replesentatives oj the Applicant (RWA and DPA) on January 16, 2007 to discu,Is the latest round of stajf comments related to the TiS, The staff informed DPA that the CounO' requires only an update of the segment analysis based On a hmhon year 2012 and not a complete update of the TIS. Per the discussion with the staff; the horizon yearfor the segmeff/ analysis was rel'ised to reflect a hmizon year oj 2012. Also, pel the direction of the .'taff, the lelvice volumes were tallen [rom the late It Concufl'ency Segment sPleadsheetthat was provided to DPA on January' 16,2007. The segment analysis was conducted comistmt with the 3%-3%-5% significance criteria based on Collier CounO' guidelines in effect at the time of the origillal submittal oj the TIS. The above was discussed with the Colliel Coun~1' staff, and the staj/agreed with this. The improvemellls that were nmsideled as committed [or the segmellt analysis are based on the illfOflflationfi'om the latest Colliel Coullty Concflflellcy spreadsheet and the COllnty's map titled Anticipated Year of COllStruction Baud on Pmduction. FY 2006/2007 - 200l1/2012. The updated segment analysis is presented in Exhibit 9 - Revised January 25, 2007 (at/ached). As shown in Exhibit 9 - Rel'ised Janumy 25, 2007, the study area road legments ate aJt/icipated to opellfte at or bette! than the COUllty'l adopted level oj service stalldardl. Therefore, the Project does not have an adverse impact on {lilY oj the road segments ulldel study. The Projectlras a significant, but not adverse, impact Olt tlrefollowiIzg road legments. '_.~ j f la.XI iJ-I r Agenda Item No, 8B June 26, 2007 Page 130 of 339 Roadwav From To Immokalee Road Logan Boulevard Ext. Shoppes at Pebblebrook Ext. Collier Boulevard Immokalee Road Vanderbilt Beach Road Vanderbilt Beach Road Golden Gate Boulevard In addition to the payme1lt of road impact fees, the Project is mitigating its traffic impacts by providing 7.4 acres oj ROWforfuture intasection improvements at Collier Boulevard and Immokalee Road, as per Policy 5.1 of the Collier County Growth Management Plan. StafrComment #28: TRANSPORTATION-Nick Casalanguida 2) Scrvice volumes should be updated consistent with the AUIR ResTJome: Per the direction of the staff; the service volumes were taken flom the latest Concur/'ency Segment spreadsheet that was plovided to DPA on January 16, 2007" The updated segment analysis is presented in Exhibit 9 - Revised January 25, 2007 (attached). Please also see the respol1Se to staflcomment 27 above. Stafr Comment #29: lRANSPOR T A TION - Nick Casalanguida 3) Please update the significance test Re,'fwn.,e: The segment aflalysis was conducted consistent with the 3%-3%-5% significance criteria, based on Collier County guidelines in effect at the time of the original mbmittal of the TIS" The above lVII,' di,cussed with the Collier County stuff, and the stuff' ugreed with this. The updated segment analysis is presented in Exhibit 9 - Revised January 25,2007 (attached). 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'" u ii ~ ~c;15~[eE ::l .<: C Q> Q. fIl '" ?i g g "@ a Q> ~ Illi&~~~al~~ ~ <I> OJ ... 0 -::I :::' ~ ~~~!~~.:- .'i::s<.:::!.>:!:!-~ , ., . . ~ ~ Agenda Item No, 88 June 26, 2007 Page 132 of 339 APPENDIX I TREE FARM MPUD, PUDZ-AR-8284 MAY 17,2006 RESPONSE TO COLLIER COUNTY TIS COMMENTS OF MARCH 13,2006 @E) Agenda Item No. B8 June 26, 2007 Page 133 of 339 TREE FARM MPUD. PUDZ-AR-8284 MAY 17.2006 RESPONSE TO COLLIER COUNTY TIS COMMENTS OF MARCH 13. 2006 DPA #03679 Stall Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #49: Significantly Impacted County Roadway Links and Intersections (LDC-3.I 5) Review pending appr'oved TIS. Information: Once a TIS has been approved it may require an addendum prior to CCPC and BCe meetings to address changes that have occurred to the existing conditions and capacity. This may be r'equired as part of CCPC/BCC direction to have the most current information at the time of hearing. Response: Acknowledged,. Staff Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #50: Roadway Dr'ainage (LDC 3.2.8..2.10.4,3.2.8..3.18; Ord. 2003-37) Need to discuss future r'oadway drainage needs. Response: Acknowledged, A meeting was held on April 3, 2006, At this meeting, it was determined that additional ROW may bc necded along the southeast boundary of the Project to allow for proper configuration of the Immokalee/Collier intersection Additional meetings and discussion will be held over the next scveral months to finalize the specifics of thc additional right-of-way Stall Comment: DEV REV TRANSPORT A nON - Nick Casalinguida Issue #51: TIS Requirements (LDC 3.2.8.4.16; TIS Guidelines) The TIS provided was not signed and sealed by a Pr'ofessional Engineer" Traffic projections ill section 5.1 of the GMP require a consistency review to look forward five yeal'S. Please provide a signed methodology review. Response: A signed and sealed lIS is now provided The methodology review was conducted at a methodology meeting with Collier Connty staff on Jnne 15, 2004 Therefore, a signed methodology review is not available A copy of the methodology was included in Appendix B 01 the Tree Farm Pun Traffic Impact Statement, datcd revised January 12,2006 (1'---) l!~P~J r Agenda Item No. 88 June 26, 2007 Page 134 of 339 Staff Comment: DEV REV TRANSPORT A nON - Nick Casalinguida Issue #52: 3-8-06 1. Internal Capture (Exhibits 2A and 2B): The calculation for' internal capture shown in Exhibits 2A and 2B are not cornct. Use FDOT's TIPS program for' internal capture or ITE Trip Gener'ation methodology documented in Chapter 7 of the Handbook. Include all worksheets documenting the calculation. Response: The internal capture was calculated using the mcthodology documented in Chapter 7 of the ITE T rip Generation Handbook The internal captUle workshects ale provided here within, Staff Comment: DEV REV TRANSPORTATION- Nick Casalinguida Issue #53: 2. Trip Distribution (Exhibit 3): What is the basis of the trip distr'ibution? If 25% of the inbound project traffic is enter'ing the site from the east, why only 20% of the outbound traffic is headed east. The same question applies to the section west of the project site. The inbound and outbound traffic, especially on the links adjacent to the links providing direct access to the site, should be the same unless there is a valid justification lor' the difference. The existing traffic volumes on Immokalce Road west of Collier' Boulevard is approximately twice the volume on the east side of Collier BoulevaJ'd. Why is the trip distribution showing almost equal distribution of project trips on Immokalee Road east and west of Collier Boulevard? Response: The inbound traffic for the PUD will be more rctail use and returning to home traffic The outbound traffic will be a mixtUle of office and retail traffic The retail traffic represents a larger pcrcentage of the total project traffic Due to the amount of development OCCUlTing east of CR 951, a higher percentage of traffic was shown to cast Staff Comment: DEV REV TRANSPORT A nON - Nick Casalinguida Issue #54: 3. Exhibit 5: What is the purpose of this figure and which peak hour does it rellect, AM or PM. If the exhibit presents the highest peak IlOur (AM or PM) volumes for each movement at the inter'sections, why don't they match with the peak scason calculations in Appendix D.. Response: The exhibit reflects the PM peak hoW" The volumes do not match the tum movement counts as the thrn volumes for Immokalee Road and CR 951 were taken from the Collier County ConcUlTency Report dated 10/10/2005. The turning movement counts are used to estimate the turn percentage at the intersections ;~"I L- ;,..,;;f \ H,.",,,, I ) ,) Agenda Item No. 88 June 26, 2007 Page 135 of 339 Staff Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #55: 4. Directional Factor D (Exhibit 9): What is the source of the directional factor D? Response: Thc directional filCtors were established by using the concurrency volumcs and turning movement counts at the intersection of CR 951 and Immokalee Road The concunency volumes at the intersection of CR 95 I and lmmokalee Road dictate the amount of traffic in the off peak direction The turning movement counts at the CR 951!Immokalee Road intersection were used as a starting point for the turn percentage and adjusted to fit the concurrency volumes Staff Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #56: 5. Maximum Ser'vice Volumes (Exhibit 9): The serve volumes are not correct. The Tmmokalee Road segment from Logan to Collier has the capacity 01.3250 vph and not 4250 vph. Also, the segment from Collier' to Wilson has a capacity of .3790 and not 4300. Response: The service volumes in Exhibit 9 have been revised to reflect the service volumes stated above. The change in service volumes does not change the results of the analysis The revised Exhibit 9 is provided herewith. Stall Comment: DEV REV TRA:'-ISPORT A nON - Nick Casalinguida Issues #57: The analysis should bc revised to correct the followin!:: The single lefHum lanes at this intersection cannot opcr'ate under a permissive mode due to dual left-turn lanes on the opposing approaches. AU left turns should be protected. Response: The permissive phase has been removed flOm all left turns Staff Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #58: The analysis should be revised to cornct the following: Ped movement will be permitted only during through movements. The N.S thr'ough timing will not be able to provide for pedestrian movement. lncor'porate County adopted standard for ped timing. Other' signal timing par-ametet.s should be pcr County's standards (amber time, aU redtime, etc). tdi;';) r Agenda Item No, 88 June 26, 2007 Page 136 of 339 Response: The intersections capacity analysis was done using planning methods and time approximations" The timing has been revised to reflect the County standards The revised analysis is provided herewith, StalfComment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #59: Information: With the understanding that the intersection of CoIlier' Boulevard and Immokalee Road will requh'e improvements to accommodate both the pending capital pmjects and support this application a consultation with staff is recommended to discuss the future laneage for the r'eview for this proj ect. Response: Acknowledged Stall' Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #60: 6. 2010 Baekground Tr alfic (Page 3 and the cOlI'esponding Exhibits): The report indicates growth rates being used to estimate 2010 tr affic but no supporting tables documenting the growth rate calculation have been included. The exhibits do not identify whethCl" the peak hour' is AM or PM. I am assuming that it is PM. Response: 1he growth rates were calculated using a linear regression ofthe traffic volumes from 1994 to 2004 as shovm in the Collier County Traffic Operations and ATM Department Average Daily 1 raffie reports The exhibits all represent the PM peak hour unless otherwise stated The growth late worksheet is provided herewith, StalfComment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #61: 7. .3%, 3%, 5% Significance Test (Table 5): The impact of the project trips need to be recalculated based on the comments above. More segments than shown may be significantly impacted. Response: The significance test was agreed upon and is stated in the methodology report dated revised June 16,2004 Staff Comment: DEV REV TRANSPORT ATlON - Nick Casalinguida Issue #62: Additional Comments (i-"I' 1000 f ~ ,----j Agenda Item No, 88 June 26, 2007 Page 137 of 339 1) Do not deline in detail the access points on future 951 extension. Response: The Pun master plan has been revised accordingly Staff Comment: DEV REV TRANSPORTATION - Nick Casalinguida Issue #6.3: Additional Comments. 2) Meeting has not becn schedule to discuss PUD commitments. Please contact Nick Casalinguida @ 417-6064. Response: A meeting was held on April 3, 2006 Additional meetings and discussions will be necessary Staff Comment: DEV REV TRANSPORTATION - Nick CasaIinguida Issue #64: Additional Comments. 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" ~ I ~ HCS+: Signalized Intersections Release 5 2 Agenda Item No. 88 June 26, 2007 Page 141 of 339 Analyst: GS Agency: David Plummer & Associates Date: 12/28/2005 Period: K-250 Peak Hour w/ Project Project ID: Tree Farm PUD - #03679 E/W St: Immokalee Road Inter.: Immokalee Rd @ CR 95~ Area Type: All other areas Jurisd: Collier County Year 2010, WITHOUT PROJECT N/S St: CR 951 No" Lanes LGConfig Volume Lane Width RTOR Vol _________________________SIGNALIZED INTERSECTION SUMMARY I Eastbound 1 Westbound I Northbound 1 Southbound 1 IL T R II. T R IL T R IL T R I 1----_---_-----_1____------__--_1__---__---_--__1--__--------_--1 11321231122211111 1 L T R 1 I. T R 1 I. T R 1 I. T R I 165 117816051900 892 7 1944 19 1147160 36 23 I 112012.0120112 012.01201120 120 ~2 0112..012012.0 I 1 0 1 0 1 60 I 0 1 A A 21 0 7 0 12 5 2 0 20 4 5 00001.5 Cycle Length: 120.0 secs ____________________Intersection Performance Summary___________________________ Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate __________ Grp Capacity Is) Duration 0 25 Area Type: All other areas .______________________________Signal Operations________________________________ Phase Combination 1 2 3 4 5 6 7 8 E3 Left A NB Left A A T:1.ru A Thru A Right A Right A Peds X Peds X WB Left A SB Left A Thru A Thru Right A Right Peds X Peds NB Right A EB Right SB Right A WB Right Green 295 29 5 Yellow 3 5 4 5 All Red 1 0 1 5 ----------------------- A A X A .r" X A v/e g/C Delay LOS Delay LOS ----~------~-------~------------------------------------------------ Eastbound I. 444 1805 O. 16 0,25 35. 7 D T 1272 5176 1 00 025 69 4 E 77 .3 E R 1561 2859 1 ..11 0.55 84 8 F rJestbound I. 862 3505 1 .12 0 25 115 6 F T 1272 5176 0 75 O. 25 44 5 0 79 9 E R 750 1615 0 .01 0 47 16 9 B Northbound I. 876 3505 1 16 0 .25 129 1 F T 648 3618 0 .03 0 18 40 7 D 77 8 E R 1358 2859 0 86 0 47 33 8 C Sou thbound I. 316 1805 0 21 O. 17 42 . 7 D T 198 1900 0 .20 0 ..10 49 6 D 40 8 D R 646 1615 0 04 0 40 22 0 C Intersection Delay = 77 5 (sec/veh) Intersection LOS E -~-------------------------------_._--_._------------------ r HCS+: Signalized Intersections Release 5.2 Agenda Item No, 88 June 26, 2007 Page 142 of 339 Inter.: Immokalee Rd @ CR 951 Area Type: All other areas Jurisd: Collier County Year 2010, WITH PROJECT .Il->:la1yst: GS ,ncy: David plummer & Associates ~dte: 12/28/2005 period: K-250 Peak Hour w/ project Project ID: Tree Farm PUD - #03679 E/N St: Immokalee Road N/S St: CR 951 SIGNALIZED INTERSECTION SUMMARY -----------T--Eastbound 1 Westbound 1 Northbound I L T R 1 L T R 1 L T R 1_______________1_______________1 113 2 I 231 122 1 L T R 1 L T R 1 L T 1184 1145 1605 1900 880 112 1931 228 112.0 12.0 12.0 1120 120 12.0 1120 120 1 0 1 60 1 A A 22.0 50 :..3.5 2 .. 0 2 ' 0 4 . 5 o 0 0 .. 0 1 .. 5 Cycle Length: 120.0 secs ____________________Int.ersection Performance summary___________________________ Apprl Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate __________ Grp capacity (s) No., Lanes LGConf:.g Volume Lane Width RTOR Vol Duration o 25 Phas~ Combination EB Left Thru Right Peds '.ItB Left Thru Right Peds Right SB Right Gr.een Yellow All Red Type: All other areas Signal ope~ations 3 4 1 1 NB 1 1 I 1 SB I 1 I 1 EB I WB I Southbound 1 L T R I 1 I L 1197 112.0 I Area 1 2 A A A X A A A X A A 29.5 29,5 3 5 4.5 1 0 15 vIe g!C 1 T 208 12 0 1 R 144 12.0 60 2 R 1130 12 0 60 1 5 6 A A A X 7 8 Left Thru Right Peds Left Thru Right Peds Right Right A A A X A A A X A Delay LOS Delay LOS ---------------------------------------~------------------- Eastbound L 444 1805 0 .45 0 25 39 0 D r 1272 5176 0 97 0 25 62 ..8 E 77 4 E R 1537 2859 1 .12 0 54 92 3 F ',vestbound L 862 3505 1 12 0 25 115..6 F T 1272 5176 0 .74 0 ..25 44 2 D 78 5 E R 774 1615 0 07 0 48 16,9 B Northbound L 847 3505 1 .18 0 ,24 1394 F T 618 3618 0 40 0 .. 1 7 44 .7 D 794 E R 1334 2859 0 86 0 ,47 34 6 C Southbound L 331 1805 0 64 0 .18 49 5 D -", 214 1900 1 .05 0 .11 127.6 F 78..1 E 659 1615 0 14 0,41 22 3 C Inter'section Delay = 78 3 ( sec/veh) Intersection LOS = E ------------------------------------------------------- (lJr-m ceO 0') 00') ON....... 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" , 0 0 ~ ~ ; ~ . ~ , ~ I . ;0 " , 0 E . u & ~ 0 0 ~ 0 ~ ~ " 0 0 m " . , . , 0 ~ ~ m w . 0 ~ 1 ~ E 0 < E U > " Agenda Item No, 88 June 26, 2007 Page 144 of 339 APPENDIX II TREE FARM PUD TRAFFIC IMPACT STATEMENT DATED REVISED JANUARY 12.2006 @B Project #0.3679 TREE FARM PUD TRAFFIC IMPACT STATEMENT Prepared by: DA VID PLUMMER & ASSOCIATES, INC. 15.31 Hendr'y Street Fort Myers, Florida 33901 August 11, 2005 Revised Januar-y 12, 2006 Agenda Item No. 88 June 26, 2007 Page 145 of 339 ~ Agenda Item No, 88 June 26, 2007 Page 146 of 339 TREE FARM pun TRAFFIC IMPACT STATEMENT Overvicw This traffic study has been revised to reflect the development parameter changes made by the Applicant and to reflect the comments made by the Collicr County staff dated October 12, 2005 and posted on the Collier County Zoning and Land Development web site The comments from the Collier County staff are included as part of Appendix A The revisions to this traffic study include: the revision to the development parameters and trip generation as well as the revision made to reflect the comments from the Collier County Staff Introduction The Tree Farm Pun (the Projcct) is a commercialiresidential development located in the northwest quadrant of the CR 951/lmmokalee Road intersection (Exhibit I). The proposed development is directly west of Heritage Bay, an approved mixed-use, residential DR! The Project will consist of two components, a commercial component and a residential development. The commercial component will be elose to Immokalee Road and run along the CR 951 extension to the north oflmmokalee Road The residential development will be directly north of the commercial component and also run along the CR 951 extcnsion Buildout of the Project is expected in 2008. The traffic analyses were conducted for 2010 as suggested by Collicr County staff This traffic study is consistent with the Trce Farm Pun Transportation Methodologv Report, dated revised June 16,2004 (Appendix B) That methodology repor1 was reviewed with the Collier County stafion June 14,2004 Development Par.ameters The proposed Project's development parameters are as follows 1 @f~ Agenda Item No. 88 June 26, 2007 Page 147 of 339 Development Parameters Land Use Size Office (I) Shopping Center (2) Multifamily (3) 50,000 sq ft 200,000 sq fl 425 du f~ (I) lTE It;C 710 (2) IrE Llle 820 (3) IfELUC2JO Proiect Access The Project will have three access points along the noJtheI11 extension of CR 951 and one access point on Immokalee Road The CR 951 access points will include a full median opening Yz mile north of lmmokalee Road, a directional median opening Y. mile nOlth of Immokalee Road and a right-inlright-out 660 feet north of Irnmokalee Road The lmmokalce Road access point will be a right-inlright-out driveway located approxirnately 700 feet west of CR 95 L This right-inlright- out drivcway will be shared with the property owner to the west of the Project and opposite the directional median opening for the Shoppes of Pebble brook Existinl! Roadwav Network CR 951 is a two-lane undivided artcrial roadway The pOI1ion of CR 951 north ofImmokalee Road currently exists as a partially paved two-lane road Heritage Bay, the development in the northeast quadrant of the lmmokalee Road/CR 951 intersection, will cxtcnd CR 951 as two-lanes from Immokalee Road to approximately Yo mile north 1mmokalee Road is a fOllr,lane divided roadway flOm 1-75 to CR 951 and two lanes to the east Committed Roadwav Improvements Committed roadway im~rovements include: the six-laning of Immokalee Road from US 41 to 1- 75 and from 1-75 to 43' Avenue; the six-laning of Vanderbilt Beach Road from Airport-Pulling Road to CR 951; the six-laning ofCR 951 flOm Goldcn Gatc Boulevard to Immokalee Road; and the construction of a new two-Ianc roadway that will extend Logan Boulevard north of Vandcrbilt Beach Road to Immokalee Road Thcse improvements will have a diversionary traffic effect on Immokalce Road and r educe the congestion and traffic volume glOwth on 1mmokalee Road. FDOT has schcduled the widening ofI-75 from Golden Gate Parkway to south of Bonita Beach Road in 2007 2 @~ r Agenda Item No, 88 June 26, 2007 Page 148 of 339 Trip Generation The AM peak hour, PM Peak hour and daily !tip generation for the Project was estimated based on the trip rates of the ITE report titled Trip Generation (Seventh Edition), The internal trip capture and the pass-by traffic volumcs wcrc based on the HE Trip Generation Handbook, March 2001 The trip generation estimates for the Project are summarized below and presented in Exhibits 2a and 2b, The trip generation calculations are included in Appendix C, Tree Farm Pun Trip Generation Summary In Out Total AM Peak Hour Total 268 242 510 Internal 23 23 46 External 245 219 464 Pass-By 14 14 28 Net New 231 205 436 PM Peak Hour Total 630 691 1,321 Internal 102 102 204 External 528 589 1,117 Pass-By 155 155 310 Net New 373 434 807 Daily Total 6,817 6,817 13,634 Internal 955 955 1,910 Extcrnal 5,862 5,862 11,724 Pass-By 1,267 1,267 2,534 Net New 4,595 4,595 9,190 Tdo Assienment The Project's trip assignment to the sunounding road network is presented in Exhibit 3, The assignment is based on observations of the general study area and recently approved projects, The future 2010 PM peak hour Project traffic is plesented in Exhibit 4 Future Traffic Conditions Without Proiect Existing traffic volumes were provided by the Collicr County Department of Transportation staff and used to calculate the thru volumes on CR 951, Immokalee Road and the segment volumes on the other road segments under study Turning movement counts for the intelsections identified below were conducted in July, 2005 3 @P~ Agenda Item No. 88 June 26, 2007 Page 149 of 339 Immokalee Road @ Collier Boulevard (CR 951) lmmokalee Road @ Shoppes of Pebble brook Thc counts were adjusted to peak season conditions and are provided in Appendix n. These turning movement counts and the thru volumes for the road segments undcr study becamc thc existing 2005 peak hour h'affic volumes and are presented in Exhibit 5 The existing 2005 peak hour traffic volumcs were projected to 2010 (buildout) using growth rates for each of the roadways under study. The linear regression, "best fit", growih rates wele based on a review of the historic growth in traffic volumes from 1993 to 2003 as reported in the Collier Countv Transportation Operations and A TM Department Average Dailv Traffic Reports These projected volumes became the future 2010 traffic volumes without the Project and are shown in Exhibit 6, Roadway segment traffic volumes and levcls of service were estimated for the future 2010 traffic volumes without the Project and are presented in Exhibit 7 Intersection capacity analyses were performed for the intersections under study using the future 2010 traffic volumes without the Project. The resultant Ievcls of service ate summarized below and included as paIt of Appendix E Future 2010 Traffic Conditions Without Proiect Intersection Level of Selvice Immokalee RoadlCR 951 lmmokalee Road/Shoppes of Pebblebrook D(1,3) F (2) E9gtn~g~~;: (1) Signalized intersection Overall LOS reported (2) Unsigna!izcd directional mtersection Major s~~eet left-turn/mboT street righHum iOS n:ported (3) Inlersection contiguf61tion bas.ed on i..formatlon from Colli":J County staff Based on the intcrsection capacity analysis for the Immokalee RoadlShoppes of Pebblebrook, Collier County may close the median opening and cause the Shoppes of Pebblebrook enhance to become a right-inlright-out access point Future 2010 Conditions With Proiect The future 2010 traffic volumes with the Project were estimated by adding the proposed Projcct traffic volumes to the futnre 2010 traffic volumes without the Project Those volumes are shown in Exhibit 8 4 @E~ I Agenda Item No. 86 June 26, 2007 Page 150 of 339 Roadway segment traffic volumes and levels of service were estimated for future 2010 traffic conditions with the PI~ject and are presented in Exhibit 9 AlllOadway segments adjacent to the PlOject entrances are expecled to operate at or above the level of service standard Per the lrce FaIm Pun Transportation Methodologv Report, the PlOject is deemed to have a significant and adverse impact on a lOadway segment if the PlOject traffic on that roadway is 5% or more of the level of service standard volume and the level of service falls below the level of service standard for that roadway segment As shown in Exhibit 9, the Project does not have a significant and adverse impact on any of the roadway segments under stndy Intersection capacity analyses were perfOlmed at the intersections under study using the future 2010 traffic volumes with Project The resultant intersection levels of service are summarized below and included as part of Appendix E Future 2010 Traffic Conditions With Proiect Intersection Level of Service lmmokalee RoadlCR 951 Immokalee Road/Project Entrance/Shoppes of Pebblebrook CR 95 I ExtensionlFull Median Opening CR 951 Extension/Directional Median Opening CR 951 Extcnsion/Right-In/Right-Out E (l,5) F (2) A/D(3) lvB (2) B (4) Footnotes: (I) Signalized intersection OverlllllOS r~orted (2) UnslgnaHzed directional intersection Major strcet1cfHurn/minor street right-turn LOS reported (J) UnsignaHzed full median opening intersection. Major street left-t~m!Mjnor street 1efHum LOS reported (4) Unsignalized right-in/right-out intersection Minor street right~tum LOS Tepor,cd (5) Inte:rsect!on configurdtion based on information from Collier County staff As previously stated, Collier County may consider closing the directional median opening at lmmokalee Road/Shoppes of PebblebJOok intersection based on the intersection capacity analysis for that intersection. 5 @r~ Agenda Item No, 88 June 26, 2007 Page 151 of339 Conclusions The conclusions ofthe traffic analysis are as follows Thc Projcct will generate 436 net new external AJvI peak hour trips, 807 net new external PM peak hour trips and 9,190 net new external daily trips 2 The roadway segments immediately adjacent to the Project entrance are expected to operate at Level of Service E or better with and without the Project in 2010. .3 The Project does not have a significant and adverse impact on any of the roadway segments under study G l~~ , I r I- l (dpe) 1\ ~ ~ o ""I ~ -e. <" o ~ I ... .-PROJECT . C.R.84' :0 ;; .. III ~ ,,; b C..R.8SB ~ ~ e oj I ti C.B. 888 &! ;;: ~ 'HDBRBIL BEACH RJJ &! CS8N ~ ., sl ~ BLVD ~ C.R. '68 SoB. 84 Ii TREE FARM PUD CDLlJEN CAT'" BLVD. 1- 76 PROJECT LOCATION Agenda Item No. 8B June 26, 2007 D-:;,,..,o 1 'If 339 ( ,. 11.""', 03679/01A/0804 1 Agenda Item No. 88 June 26, 2007 Page 153 of 339 EXHIBIT 2A ~ Re'w'ised TREE FARM PUD ITE TRIP GENERATION (7TH EDITION) COMMENTS: BUJlDOUT (200S) (1) AM PF..AK lTE ADJ. (1) LAND USE (LUC) SIZE UNIT TRIP TYPE FACTOR IN OUT TOTAl DAILY ===z:o:;=================== ===::;, ==="'=== ===",== =0:::===========",,= ==""";:;==: =====:;;=;;;; ====="'" =;;;:::====: ::z:t=::a= ==:::==== _==: Residenlial1 230 475 VMs Multifamily 2' 136 164 2195 Residential 2 0 ResiclenUal3 . Residential 475 Units TOTAL 26 136 164 2196 INTERNAL 4 15 19 .57 Retail 9% 3 12 15 (2) 813 (2) Offke 2% 1 3 4 (2) 44 (2) EXTERNAL 24 121 145 1339 Relall 1 620 200000 SQ Ft Shoppir.g Center 145 93 236 10,856 Retail 2 0 Retail 3 0 TOTAL RETAIL 200 DOD SCj H TOTAL 145 93 23' 10656 INTERNAL 13 . 10 0" Residential .% 12 3 ~5 (3) .,3 Office 2% 1 3 4(3) O' (3) EXTERNAL 132 67 210 9745 (3) PASS-BY 13% " 14 28 (4) 2534 (5) NET NEW 118 73 191 7,211 Office 1 710 50000 Sq Fl General Office 95 13 108 7.2 Office 2 0 Office :3 . TOTAL OFFICE 50000 SCI Ft TOTAL 95 13 108 782 INTERNAL 5 2 8 142 Residential 3 1 4 (3) 44 Retail 4% 3 1 4 (2) 98 (2) EXTERNAL 89 " ,.. .4. TOTAL TOTAL 25a 242 510 13634 INTERNAL, PROD 5% 7 16 23 955 (2) INTERNAL - A DR S% 18 7 23 955 (3) EXTERNAL 245 21' 404 11724 PASS-BY 14 14 2a (4) 2534 (5) NET NEW 85% 231 205 438 9190 Net New Check 231 205 436 9190 Difference 0 0 . 0 Peak Hour Directional SpliVPeak-lo-Daily Ratio 530% 470% 47% -474% ._.._-~-...-----._-_.._..- _..~,. ..--.---------- .------~ ..--."-.--.-.-.--.".------- ----.., ---,.- ..._______~_.,___ _.__.___._ ___u___,___" .____._._ _____.....,,_ FOOTNOTFS' (1) Based on ITE. Trip Generalion (7th Edition) (2) IntBmallrip production (3) lnternal trip attraction. (4) AM peak hour retail P$ss-by rate based Ol1lTE, Trip Generation (7th Edition) (S) Daily pass. by rate reftects a 10% reduction of the PM peak hour rate for off..peak hours TGTEMPl n Wl<4 .. 12/27/2005 03679 r Agenda Item No. 88 June 26, 2007 Page 154 of 339 EXHIBIT 2B' Revised TREE FARM PUD ITE TRIP GENERATlON (1TH EDITION) COMMENTS; BUILOOVT (2008) (I) PM PFAK ITE ADJ, (1) LAND USE (LUC) SIZE UNIT TRIP TYPEFACTDR IN OUT TDTAL DAILY =....:;:;===::;========.."'===== ===:l :=====< =::......== ==:====:::,.....===:==== ==="'''== ====="'..=== =====;;:;: ======" ===...C~ ==:======; ====t Residential 1 230 425 Units Multifamily 132 05 197 2,'96 Residential 2 0 Residential 3 0 Residential 425 Units TOTAL 132 65 197 2190 INTERNAL 51 34 05 657 Retail 37"1. 49 34 63 (2) 613 (2) Office 2% 2 0 2 (2) 44 (2) EXTERNAL 61 31 112 1339 Retail 1 620 200,000 Sq Ft Shopping Center 475 514 969 10,058 Retail 2 0 Retail 3 0 TOTAL RETAIL 200.OGO Sq Ft TOTAL 475 51< 969 10,656 INTERNAl 44 56 100 911 Residential 6% 34 49 63 (3) 813 Office 1% 10 7 17 (3) 96 (3) EXTERNAL 431 456 669 9,745 (3) PASS-BY 35% 155 155 310 (4) 2534 (5) NET NEW 276 303 579 7,211 Office 1 710 50,000 Sq F\ General Offlce 23 1\2 135 762 Office 2 0 Office 3 0 TOTAL OFFICE 50 000 Sq Ft TOTAl 23 112 135 762 INTERNAL 7 12 \9 142 Residential 0 2 2 (3) 44 Retail 13% 7 10 17 (2) 96 (2) EXTERNAL 16 100 116 640 TOTAL TOTAL 630 691 1,321 13,034 INTERNAl, PROD 6% 58 44 102 955 (2) INTERNAL - A TTR 13% 44 5B 102 955 (3) EXTERNAl 526 569 1,117 11,724 PASS-BY 155 155 310 (4) 2,534 (5) NET NEW 61% 373 434 607 9190 Net New Check 373 434 607 9190 Difference 0 0 0 0 Peak Hour Directional SpllVPeak*lo-Daily Ralio 462% 53.6% 13.B% 876% _________,______...________~_ .__~___,. ~___ .__.__ _______________.__ _______ ____.______ ._.____~ ~n.~..___ ___. ---.----- --_.~. FnnTNOTES' (1) eased on ITE, Trip Generat!nn (7th Edition) (2) Internal trip proGuction (3} Internal trip attradion. (4) AM peak hour retail pass-by rate based on ITE, Trip Generation (7th Edition) (5) Oaily pas$-by rate reflects a 10% reduction of lhe PM peak hour rate for off. peak hours TGTEMPLT3 WK4, 12127/2005 03679 -0) OM <!; OM I QN_ ~ ,0 ~(Q i") >=",'" V'l - en Q.lp..- .1. E-< '" -;~Cn r-- '" Z ,., ,:}, co '" ~ 0.. iii CJ> <( ~I ~I L.... L.... ~ I~L L.... J ~~l l_ %9t %~9 %l1t r:zrg r %0. ~ ~I~r ~ (:':9L) (%Ol) I ~g6 <JO .., '" J- ~r- ~ I I (:':9t) 3-.... (:':9t)%~ ~ (:':l1t) '"El ~ (%9~) I '-' ~I ?; ~I ~ 2/ z z ..,]~ ~ ~I -1 w~1 -0:: <( ~J ~ a.~ 0 0 0'" w <:J 0 ~ 0 :::;: z >= Z 0:: CJ) Z 0 ,;; ~ w ::I w w 0 0:: '" ::> 0.. Q; w u.. :5 u.. 0 0 ::; 0 ~~ l_ ::<: - '" L.... CJ) 0 %S t(.- w 0 ~NIN3dO N'o'I031'1 - '" a. 0:: a. m 0 w l'o'NOII0301IO I -1 (:':01) I ~I I CJ) m m (%O~) w 0.. I- Z w 2: Z G (/) (/) <( 0... 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'.~I ~ ~,~ 'I~" 0 ~;I 'NN ~: ~ m ~~gS';'li~I~ ~ ~ ~ 3 : ~'~ ~~lg'6 I~I~ z @ m ~ ~ ~_ 0 .- ~ gl 2 5 ~ ~;~ ~ ~ :K3lI"':il~5': ggogE~g; ci.,,; cI Cl a Q ". *~- ~'~~. ~ ~ :R~~~~I~~ u.JI.IJWIUWU!W ~~~~~~~ i f! :i il l = o ~ ;- " !i~ I.!,_ I~ .,5 IL '2 Ai'i ~ J:: ~ i: ~ ~ :;: ~ , II oI:l. ~ .. d'l 41 ~ ~ & ~l~ ~'4~1 i~.iII~li 3~.8~~~3 :5 ~;:' '~l ~ ... ~.Q a= 1: ~ w ... {J. :12: CI> ~ ~ i 1 ti,lX ,. ~ i &. :tg ~i&i:I:] ~ :. ~ 11 f! ~ ..,l&t~Et~ ~,.!l,t& 8 .!:i > <3 11 ~l '0 " ~ w 3 ~ " w 3 o u " II ~ . n " " II ~ Ii " ~ " ~ !! ~ II << " o < o l~ /1__, i . . : ~ o <I " ,Y I! " << ~ z ~ i . . ~ fr " :: II i . ~ I: ~ 1 ~ o . ! ~ " . ~ .~ . . ~ e " ~ ~ !l " ~ K . . "" ~ ~ ~. . . " 0 ~ ~ ~ i ~~ 81 h , ;- < 0 ~ ~ 'E.f ~. : " !~ ~ ~ < " i i ~ :!! j . , . iH l ~ 0 ~ ~ o ~ 1: 5 ~ ~ go A' ~-Eiti'2 - L' i ~ ~:t ~ ~j~'g~i .~ .... t3 .. ~ ~ a ~ Ill: 1", '"' a~:~~i ~,I~1!.~ &. u ~ :g.E' .. t!.i~...ii .. 3' D ~ ~ li a !JH"U ~ ~ ~ i .l!l .!! ~ ~.q,~ ~ ~.i jij l!': 8, 6: "'~[~~::: i;iH~~ ~ ~ Iii ~ .Q -Ii 1i 8 U E :; j 2 e :; ;; ~ -: ~ .. .. a.a&~~;; I~ii..n .!1 :: Td e ! ] } UlIOl%lClm ~~--- ~C!..c ~e. : ~. i ~ . ~ Agenda Item No, 88 June 26, 2007 Page 162 of 339 APPENDIX A COMMENTS FROM COLLIER COUNTY COMMUNITY DEVELOPMENT ST AFF ~ Sufficiency Comments posted by Nick Casalanguida .I\genda Item No. 88 June 26, 2007 Page 163 of 339 Rejection items fOI Application Number 8284 1. TIS Requirements (LDC 328.416; TIS Guidelines) Remarks: The TIS provided was not signed and sealed by a Professional Engineer. Traffic projections in section 5..1 of the GMP require a consistency review to look fOlward fivc years Please provide a signed methodology review. 2. Additional Comments Remarks: Please contact Nick Casalanguida to discuss transpOltation issues with regard to the following items: I) Donation of ROW 2) Fair Share signal improvements 3) Fair share bridge improvements 4) Interconnection language 5) Noise wall mitigation language 6) interconnection language 7) Additional water management Agenda Item No. 88 June 26, 2007 Page 164 of 339 APPENDIX B TREE FARM PUD METHODOLOGY REPORT ~ Agenda Item No, 8B June 26, 2007 Page 165 of 339 DAVID PLUMMER & ASSOCIATES ftANSPORiAT10N . CIVIL . srRUC!iJ~At . ENVIRONMENiAl 1 ~31 HE;NOp.y SlREEl FO'l MYHS Fl 339~1 :'393322617 rAX 2::9332 26.tl.5 f nlOil dpcf11l@'pegonel net June 16,2004 Mr, Donald 1. Scott, Alep Director Collier County Government Transportation Services Division 2685 S. Horseshoe Drive, Suite 21 I Naples, FL 34104 RE: Tree Farm PUD, #0.3679 Deal' Don, Enclosed please find one (I) copy of the methodology report titled Tree Farm PUD Transportation Methodology Report, dated revised June 16, 2004., The revisions to the methodology repolt include the conversion of the directional median opening on Immokalee Road to a right-jnlright-out and the addition of Logan Boulevard and Vanderbilt Beach Road to the list of roadway segments under study, If you should have any questions concerning the enclosed, please do not hesitate to contact these offices Very trow yours, ,7 .,/ 'J /;, . /~~' ~. 1 ~eorge T ~artz, Jr. ' GTS:sw OJ679,S,ot J)61604 cc: Alan EI,Urfali, w/enc\osure ~ TREE FARM PUD TRANSPORTATION METHODOLOGY REPORT Project 1103679 "-lune 14, 2004 ..{evised June 16, 2004 Prepared by DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street Fort Myers, Florida 33901 Agenda Item No. 88 June 26, 2007 Page 166 of 339 fdoel Agenda Item No, 88 June 26, 2007 Page 167 of 339 TREE FARM PUD TRANSPORTATION METHODOLOGY REPORT Introduction The proposed Project is a commercial/office development located in the northwest quadrant of the CR 9511Immokalee Road intersection.. The proposed development is directly west of Heritage Bay. The traffic study will be conducted consistent with the Collier County Transportation Operations Development Review Department's Procedures and Guidelines for Traffic Impact Studies, revised November 4, 2003. Development Puameters The Project will consist of two sections, a commercial section and a business park. The commercial section will be closest to Irnmokalee Road While the parameters for the business park have been detennined, the parameters for the commercial section are still under consideration The traffic study will be conducted using the development parameters from the chosen commercial scenario and the business park. 'There are two development scenarios for the commercial portion of the development under consideration at this time.. The development parameter); for both scenarios and the rernaining business park are listed below Development Parameters Scenario I: Land Use/Code (I) RestauranVLUC 931 Drug Store with Drive- ThrufLUC 881 Drive-In Bank/LUC 912 Office/LUC 710 Shopping Center/LUC 820 Total Size 15,000 sq. fl (2) 20,000 sq ft 5,000 sq. ft. 10,000 sq. ft 164.000 SQ. ft. 224,000 sq. ft. Scenario 2: Land Use/Code (I) RestauranVLUC 931 Drug Store with Drive- IhrufLUC 881 Drive-In Bank/LUC 912 Office/LUC 710 Shopping Center/LUC 820 Total Size 10,000 sq ft (1) 20,000 sq ft 5,000 sq. fi. 15,000 sq. ft 137.000 SQ, ft. 187,000 sq. fl I r~ . Agenda Item No, 88 June 26, 2007 Page 168 of 339 Business Park Business Park/LUC 770 437,220 sq ft Footnotes: (I) Code refers to IrE land use code from the lTE report. Tric Generation (Sc:vendl Edition) (2) Two n::s:tallranlS @7,SOO square feet each (3) TWD restaurants@5,000square.feeteach Roadway Network The roadway network used for analysis purposes will consist of the existing roadway network plus the committed improvements (first three years) from the Collier County and FDOr 5-year work programs Proiect Access The proposed access for the Project on CR 951 will consist of a full median opening Y2 mile north of lrnmokalee Road, with a direction median opening at \I, mile and a right-inlright-out at 660 feet north of Immokalee Road.. The final proposed access point will be a right-iniright-out located approximately 700 feet west of CR 951 on Immokalee Road (Exhibit 1). Access for this directional median opening will be shared with the property owner to the west Future rr'affic Volumes Future background traffic volumes will be estimated using existing traffic volumes from the Collier County Aum projected forward using a historic growth rate far Immokalee Road and CR 951. Future total traffic volumes will be calculated by adding the Project volumes at bui]dout to the future background traffic volumes.. Both the roadway segment analyses and the intersection analyses will be conducted with and without the Project at huildout. Roadway See:ment Analysis The Project's traffic impact statement will analyze the roadway conditions at full buildout. The analysis will include, but is not limited 10, the following roadway segments. Immokalee Road Wilson Road to CR 951 CR 951 to Oaks Boulevard Oaks Boulevard to 1-75 2 fJ~ Agenda Item No, 88 June 26, 2007 Page 169 of 339 CR 951 North Project Entrance to Immokalee Road ImmDkalee Road tD Vanderbilt Beach Road Logan Boulevard ImmDkalee Road to Vanderbilt Beach Road Vanderbilt Beach Road CR 951 to Logan Boulevard The analysis of additiDnal roadway segments will be based on those segments where the Project's traffic volume CDnsumes 5% or more of the roadways peak hour adopted LOS service volume Intersection Analvses The traffic impact statement will analyze the PM peak hour conditiDns for the fDlIDwing intersections Immokalee Road/CR 951 Irnmokalee Road/Shopping Center Entrance west ofCR 951/Project Entrance CR 951/NDrth PrDject Entrance (Full Median Opening) CR 95l/Middle Project Entrance (Directional Median Opening) CR 951/South Project Entrance (Right-In/Right-Out Only) Report 7he traffic impact study will be presented in a report fDrm All traffic counts and calculations will be documented 3 rdpa] , t-age r IU OJ .>3t ( /loj I N,r.s.. Full Median Opening " / I I J 1,320' I Directional Median Opening ~ liL. 2,640' J Ri9ht-lnjRight-Out I Ri9ht-lnjRight-OU~ ~ I I 660' I ~I Immokalee Road --700'-- ~ lfJ 01 0:: U D.>679j01Cj0604 @f3 CR 951 / IMMOKALEE ROAD FUTURE ACCESS 1 PROPERTY Agenda Item No, 88 June 26 2007 Agenda Item No. 88 June 26, 2007 Page 171 of 339 APPENDIX C ITE TRIP GENERATION CALCULATIONS ~ J Tree Farm PUD '" ITE LUC 230 summary of Trip Generation Calculation For 425 Dwelling Units of Residential Condominium / Townhouse December 27, 2005 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg.. Weekday 2-Way Volume 5.17 0,,00 1,00 2196 7-9 AM Peak Hour Enter 0,,07 0,,00 1.. 00 28 7-9 AM Peak Hour Exit 0,,32 0,,00 1.. 00 136 7-9 AM Peak Hour Total 0,39 0,,00 1,00 164 4 -6 PM Peak Hour Enter 0,31 0 ,00 1,00 132 4-6 PM Peak Hour Exit 0,15 0,,00 1,,00 65 4-6 PM Peak Hour Total 0,46 0.00 LOa 197 Saturday 2-Way Volume 4 ,63 0.00 1.. 00 1966 Saturday peak Hour Enter 0,21 0,,00 1.. 00 90 Saturday Peak Hour Exit 0,18 0.00 1 ,00 76 Saturday Peak Hour Total 0,39 0,,00 1 ,,00 166 Note: A zero indicates no data available ., The above rates were calculated from these equations: 24-Hr, 2-vlay Volume: LN(T) ,,85LN (X) + 2.55, R^2 0,B3 7-9 AM Peak Hr, T"ta1 : LN(T) ~ .BLN(X) + ,26 R^2 ~ 0 ,76 , 0.17 Enter, 0, B3 Exit 4-6 PY. peak Hr. Total: LN(T) .B2LN[X) + ,32 R^2 ~ 0" B , 0,,67 En te r , 0, 33 Exit AM Gen Pk Hr, Total: LN(T) .82LN(X) + ,17 R^2 0,,8 , 0.18 Enter, 0 ,82 Exit PM Gen Pk Hr Total: T = ,,34 (X) + 3B.31 R^2 0.83 , 0" 64 Enter, 0.36 Exit Sat.. 2-,lay V"lume: T = 3.62(X) + 427.93, R^2 0.84 Sat.. Pk Hr, Total: T ~ ,29 (X) + 42,63 R^2 0.84 , 0.54 Enter, 0" 46 Exit Sun" 2-Way Volume: T = 3.13 (X) + 357.26, R^2 0,,88 Sun.. Pk Hr, Total: T = ,23 (X) + 50,,01 R^2 0,78 0,,49 Enter, 0" 51 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRI? GENERATION BY MICROTRANS Agenda Item No. 88 June 26, 2007 Page 172 of 339 Tree Farm PUD - ITE LUC 230 Summary of Trip Generation Calculation For 200 T.G,L.A. of Shopping Center December 27, 2005 Average Standard Rate Deviation Adjustment Driveway Factor Volume Avg.. Weekday 2-Way Volume 53.,28 0 .00 7-9 AM peak Hour Enter 0,.72 0 ,00 7-9 AM Peak Hour Exit 0..46 0.. 00 7-9 AM Peak Hour Total 1.19 0 ..00 4-6 PM Peak Hour Enter 2.37 0,00 4 -6 PM Peak Hour Exit 257 0,00 4-6 PM Peak Hour Total 4.,95 0,00 saturday 2-Way Volume 71.,49 0 ,00 Saturday Peak Hour Enter 3 .53 o. 00 Saturday Peak Hour Exit 3 ,26 0., 00 Saturday Peak Hour Total 6.. 79 0 .,00 1.. 00 10656 L 00 145 1.. 00 93 LaO 237 L 00 475 1,00 514 L 00 989 1.00 14299 1,00 706 L 00 652 1.00 1358 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: LN(T) .65L;:(X) + 5.83, R^2 0.,7B 7 -9 AM Peak Hr, Total: LNIT) .6LN{X) + 2.29 R^2 ~ 0.52 , 0.61 Enter r 0,39 Exit 4-6 PM peak HI. Total: LN IT) .66LN(XI + 3,4 R^2 0,,81 0.48 Ente:::- , 0 .52 Exit AM Gen Pk HI. T"ta1: 0 R^2 0 0 Enter, 0 Exit PM Gen Pk Hr, Tota 1: 0 R"'2 0 0 Enter, 0 Exit Sat ., 2-Nay volume: LN (T) 63LN(X) + 6 .23, R^2 0,.82 Sat" Pk Hr Total: :'NIT) .65LN(X) + 3 77 R^2 0.84 , 0.52 Enter, 0." 8 Exit sun. 2-Nay Volume: T ~ 15.63(X) + 4214 ..46, R^2 ~ 0.52 Sun,. Pk Hr Total: 0 R^2 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003,. TRIP GENER~TION BY MICROTRANS , Agenda Item No. 8B June 26. 2007 Page 173 of 339 Tree Farm rUD - ITE LUC 710 Summary of Trip Generation Calculation For 50 Th. Gr., Sq. Ft., of General Office Building December 27, 2005 Average Standard Rate Deviation Adjustment Factor Driveway Volume Avg, Weekday 2-Way Volume 15.65 0,,00 1 ,00 782 7-9 AM Peak Hour Enter 1.. 90 0..00 1 .00 95 7-9 AM Peak Hour Exit 0.26 0.,00 1.00 13 7-9 AM Peak Hour T"tal 2,15 0..00 1.00 108 4-6 PM Peak Hour Enter 0,46 0.00 1. 00 23 4-6 PM Peak Hour Exit 2,24 0.,00 1 ..00 112 4-6 PM Peak Hour Total 2,70 0,00 1 00 135 Saturday 2-Way Volume 2 ,51 0.00 1 ,00 125 Saturday Peak Hour Enter 0,23 0,00 1. 00 11 Saturday Peak Hour Exit 0.,19 0,00 1 ,00 10 Saturday Peak Hour Total 0.42 0..00 1 ,00 21 Note: A zero indicates no data available ,. The above rates were calculated fron these equations: 24- Hr ' 2-Way Volume: LN(T) ,77LN (XI + 3.65, R^2 ~ 08 7'''9 AM Peak Hr.. Total: LN (T) .8LN(X) + 1.. 55 ;(^2 0.83 , 0.B8 Enter, 0 ,12 Exit 4-6 PI~ peak Hr. Total: T ~ 1.,12 (X) + 78.81 R^2 0.,82 , 0,17 Enter, 0, 83 Exit A!1 Gen Pk Hr, Tota 1: LN(T) ~ .BLN (X) + 1.. 55 R^2 0.83 , 0.88 Enter, 0 ..12 Exit PM Geo Pk Hr.. Total: T = 1 12(X) + 7B.81 R^2 0.82 , 0.17 Enter, 0.83 Exit Sat" 2-Wa y Volume: T ~ 2,14 (X) + lB., 4 7, R^2 ~ 0.66 Sat, Pk HI, Total: LN(T) ~ .81LN(X) + -.12 R^2 = 0,59 , 0.54 Enter, 0,46 Exit Sun, 2-Way Volume: LN(T) = ,86LN(X) + .,31, R^2 = 0.,5 Sun" Pk Hr., Total: LN(T) = . 61LN (X) + -.23 R^2 = 0 56 , 0.58 Enter r o 42 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERft~ION BY MICROTRANS Agenda Item No, 8B June 26, 2007 Page 174 of 339 Agenda Item No, 88 June 26, 2007 Page 175 of 339 APPENDIX D TURNING MOVEMENT COUNTS ~ -'-, Ol I"-- co M 0 'II: :;I: .91 .0 0 u: ...., TRAFFIC COUNT ADJUSTMENT FACTORS Project name: TREE FARM PUD Job number: 03679 Count location: IMMOKALEE RD @ CR 951 County: COLLIER City: NAPLES Date: 07/19/05 Day of week: TUESDAY COLLIER COUNTY ADJUSTMENT FACTOR Traffic count report: 2004 Countywide Factor: 0.88 Weakly Adjustment: 1 08 Peak Season Factor: 1 23 Agenda Item No, 8B June 26, 2007 Page 176 of 339 DAVID PLUMMER & ASSOCIATES SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. 8B June 26, 2007 Page 177 of 339 )CATION; IMMOKALEE RD @ CR 951 CITY: NAPLES ::;OUNTY ; COLLIER DATE: 07/19/05 'EATHER: GOOD )AD CONDITION GOOD TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND ':GIN END L T R Total L T R Total L T R Total L T R Total TOTAL , :OOAM 07:15 AM 84 0 44 128 0 0 0 0 6 48 47 101 41 142 0 183 412 07: 15 AM 07:30 AM 81 0 46 127 0 0 D 0 8 49 52 109 38 184 0 223 458 n?:30AM 07:45 AM 92 0 50 142 0 0 0 0 11 56 50 117 43 170 1 214 473 :45 AM 08:00 AM 113 1 62 176 0 1 0 1 13 47 51 111 56 189 0 245 533 ~o:OO AM 08:15 AM 75 0 45 120 0 0 1 1 9 39 35 83 32 167 0 199 403 08:15 AM 08:30 AM 98 0 34 132 0 0 2 2 14 36 48 98 61 161 0 222 454 :30AM 08:45 AM 102 2 58 162 0 0 2 2 12 43 47 102 52 169 1 222 488 , :45AM 09'.00 AM 84 2 47 133 0 1 3 4 14 36 39 89 40 140 0 180 406 09:00 AM 09:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :15AM 09:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30 AM 09:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:45 AM 1000 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . -00 AM 1015AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :15AM 10:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:30AM 1045 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:45AM 11:00AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :OOAM 11:15AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,,:15AM 11:30AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1f:30AM 11:45AM 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 :45AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 PM 12:15PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15PM 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ":30 PM 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '45PM 01:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U1:00 PM 01:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:15PM 0130 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :30PM 01:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ ,:45 PM 02:00 PM 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:00 PM 02:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15PM 02:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :30PM 02:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:45 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M:OQ PM 03:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :15 PM 03 30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u;:30 PM 03:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:45 PM 04 00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OOPM 04:15 PM 70 1 63 134 0 3 2 5 7 113 72 192 34 61 0 95 426 U4:15 PM 04:30 PM 83 3 79 165 2 1 2 5 9 164 65 238 32 73 0 105 513 0430 PM 04:45 PM 94 6 72 172 0 2 3 5 10 172 109 291 46 72 0 118 586 45 PM 05:00 PM 92 2 77 171 0 1 2 3 9 147 84 240 29 54 0 83 497 ..:OOPM 05:15 PM 83 0 82 165 1 0 4 5 11 139 71 221 41 61 0 102 493 05:15 PM 05: 30 PM 79 0 91 170 0 0 5 5 14 142 64 220 30 52 0 82 477 '30PM 05:45 PM 72 0 74 146 2 1 6 9 15 140 59 214 41 40 0 81 450 :45 PM 06:00 PM 64 0 71 135 0 0 4 4 12 129 47 188 42 37 0 79 406 I DAVID PLUMMER & ASSOCIATES HOURL.Y SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. 88 June 26, 2007 Page 178 of 339 - J~,",TION: IMMOKALEE RD @ CR 951 CITY: NAPLES ~,JUNTY : COLLIER DATE: 07/19/05 T!ME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND :GIN END L T R Total L T R Tota' L T R Total l. T R Total TOTAL 0):00 AM 08:00 AM 370 1 202 573 0 1 0 1 38 200 200 438 179 685 1 865 1877 1:00AM 09:00 AM 359 4 184 547 0 1 8 9 49 154 169 372 185 637 1 823 1751 09:00 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '1:00AM 11:00AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :OOAM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 01:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :OOPM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..!:OOPM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i:OO PM 05:00 PM 339 12 291 642 2 7 9 18 35 596 330 961 141 260 0 401 2022 05:00 PM 06:00 PM 298 0 318 616 3 1 19 23 52 550 241 843 154 190 0 344 1826 DAVID PLUMMER & ASSOCIATES PEAK HOUR CALCULATIONS PEAK HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND BEGIN END L T R Total L T R Total L T R Total L T R Tota' TOTAL AM PEAK 07:45 AMI 08:45 AM 388 3 199 590 0 1 5 6 48 165 181 394 201 686 1 888 1878 'AK HOUR FACTOR 084 0,75 0,89 0,91 0,88 MIDDAY PEAK 'OOAM 112:00AM #NfA 0 0 0### 0 0 o #N/A 0 0 o #NfA 0 0 0 0 PEAK HOUR FACTOR 0.00 000 0,00 0,00 0,00 ~ PEAK v;15 PM 10515 PM 352 11 310 673 3 4 11 18 39 622 329 990 148 260 0 408 2089 PEAK HOUR FACTOR 0,98 0,90 0.85 0,86 0,89 FDOT/DPA RAW TURNING MOVEMENT DIAGRAM Agenda Item No. 88 June 26, 2007 Page 179 of 339 , ")CATION: ::>UNTY: NAPLES 07119/05 IMMOKALEE RD @ CR 951 COLLIER CITY: DATE: M Peak Hour +- 1079 (45 of 48 EB lefts are U-turns) ~~ 394 165 - ----.. 181 --. PM Peak Hour +- 623 (38 of 39 EB lefts are U-turns) 39 ..-1 990 622---.. 329 --. 5 6 1 o ~ + 4 itr 388 3 199 383 590 + 18 11 4 3 ~TL. lir ~ 352 11 310 481 673 r L 1 686 888 +- -- 201 .r ---.. TRUCK % 364 NB= 5 % S8= 17 % EB = 14 % WB= 2 % t 50 t N t 52 L o +- 260 408 .- 148 935 --.. t N TRUCK % NB= 6 % SB= 11 % EB= 8 % WB: 9 % FOOT/OPA ADJUSTED TURNING MOVMEMENT DIAGRAM Agenda Item No, 88 June 26, 2007 Page 180 of 339 .vATION: ..)uNTY : IMMOKALEE RD @ CR 951 COLLIER ADJUSTMENT FACTOR 123 REPORT: 2004 COUNTYWIDE tlfy1 Peak Hour - Adjusted 10% t 7 64 t .. 1324 6 0 90% N --- 73% .J + 4- 59 ~ L 1 27% 484 203 -+ +- 842 1090 71% -- -- 222 -. f' 247 "I t 21: 447 -+ 476 --- 29% 39% 470 724 ~ 61% PM Peak Hour - Adjusted 27% t 23 62 i +-- 765 14 5 4 73% N --- 39% .J ~ ~ 48 ..-l L 0 61% 1215 763 319 501 30% -- -+ ~ -- 404 182 -. t I i r 432 14 380 1147 --- 70% -+ 42% 591 826 ~ 58% 'flj u:: 'll: .a o ..., TRAFFIC COUNT ADJUSTMENT FACTORS OJ r-- (0 '" a Project name: TREE FARM PUD Job number: 03679 Count location: lMMOKAlEE RD @ SHOPPES OF PEBBlEBROOK County: COLLIER City: NAPLES Date: 07/19/05 Day of week: TUESDAY COLLIER COUNTY ADJUSTMENT FACTOR Traffic count report: 2004 Countywide Factor: 0.88 Weakly Adjustment: 108 Peak Season Factor: 1 23 r Agenda Item No, 8B June 26, 2007 Page 181 01339 DAVID PLUMMER & ASSOCIATES SUMMARY OF VEHICLE MOVEMENTS Agenda Item No, 8B June 26, 2007 Page 182 of 339 i )CATION: IMMOKALEE RD @ SHOPPES OF PEBBLEBRO' CITY: NAPL.ES COUNTY : COLLIER DATE: 07/19/05 , EATHER: GOOD I )AD CONDITION GOOD TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRANO I,GIN END L T R Total L T R Total L T R Total L T R Total TOTAL :DOAM 01:15 AM 0 0 13 13 0 0 0 0 0 88 20 108 8 224 0 232 353 01:15 AM 07:30 AM 0 0 14 14 0 0 0 0 0 85 22 117 9 264 0 273 404 07:30 AM 07:45 AM 0 0 16 16 0 0 0 0 0 101 18 119 11 260 0 271 406 :45AM 08:00 AM 0 0 22 22 0 0 0 0 0 89 18 107 14 299 0 313 442 uo:OO AM 08:15AM 0 0 21 21 0 0 0 0 0 62 19 81 6 246 0 252 354 08:15 AM 08:30 AM 0 0 20 20 0 0 0 0 0 78 26 104 11 263 0 274 398 :30 AM 08:45 AM 0 0 15 15 0 0 0 0 0 87 26 113 7 278 0 285 413 ..:45AM 09:00 AM 0 0 24 24 0 0 D D 0 65 24 89 12 229 0 241 354 09:DO AM 09:15 AM 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 ':15AM 09:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..':30 AM 0945 AM 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 09:45 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ':OOAM 10:15AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,:,5AM 10:30AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:30 AM 1045 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '0:45 AM 11:00AM 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 :00 AM 1':15AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,,""'~AM 11:30AM 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 1 >..M 11:45AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :45 AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,00 PM 12:15PM 0 0 0 D 0 0 D 0 0 0 0 0 0 0 0 0 0 12:15 PM 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .:30 PM 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :45 PM 01:00 PM D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:00 PM 01:15PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 nl:15 PM DUO PM 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 30 PM 01:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v,:45PM 02:00 PM 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 02: 00 PM 02: 15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15PM 02: 30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 :30 PM 02: 45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:45 PM 03:00 PM D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 PM 03:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :15PM 03:30 PM 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 03 30 PM 03:45 PM 0 0 D 0 0 0 D 0 0 0 0 0 0 0 0 0 0 ":45 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :OOPM 04:15 PM 0 0 34 34 0 0 0 0 0 158 31 189 3 138 0 141 364 -)4:15 PM 04:30 PM 0 0 49 49 0 0 0 0 0 189 39 228 4 162 0 166 443 ,"JI.30PM 04:45 PM 0 0 48 48 0 0 0 0 0 243 36 279 7 172 0 179 506 :45 PM 05:00 PM 0 0 36 36 0 0 0 0 0 204 42 246 5 152 0 151 439 vo:OO PM 05:15 PM 0 0 54 54 0 0 0 0 0 161 35 202 4 155 0 159 415 ')5:15 PM 05: 30 PM 0 0 41 41 0 0 0 0 0 179 40 219 6 144 0 150 410 :3l1.PM 05:45 PM 0 0 43 43 0 0 0 0 0 171 33 204 7 126 0 133 380 VI 06:00 PM 0 0 40 40 0 0 0 0 0 148 34 182 6 111 0 117 339 - - DAVID PLUMMER & ASSOCIATES HOURLY SUMMARY OF VEHICLE MOVEMENTS Agenda Item No. 8B June 26, 2007 Page 183 of 339 )CA TION: IMMOKALEE RD@SHOPPESOF PEBBLEBROrCITY: NAPLES ~OUNTY : COLLIER DATE: 07119/05 TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRANO "GIN END L T R Total L T R Total L T R Total L T R Tolal TOTAL 87:00 AM 06:00 AM 0 0 65 65 0 0 0 0 0 373 78 451 42 1047 0 1089 1605 3:00AM 09:00 AM 0 0 80 80 0 0 0 0 0 292 95 387 36 1016 0 1052 1519 09:00 AM 10: 00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 100AM 11:00AM 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 1:00AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1200 PM 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:00PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 02:00 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 03:00 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 400PM 05:00 PM 0 0 167 167 0 0 0 0 0 794 148 942 19 624 0 643 1752 0500 PM 06:00 PM 0 0 178 178 0 0 0 0 0 665 142 807 23 536 0 559 1544 DAVID PLUMMER & ASSOCIATES PEAK HOUR CALCULATIONS PEAK HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND REGIN END L T R Total L T R Total L T R Total L T R Total TOTAL AM PEAK 7:45 AM 108:45 AM 0 0 7B 78 0 0 0 0 0 316 89 405 38 1086 0 1124 1607 EAK HOUR FACTOR 0,89 #N/A 0,90 0,90 0.91 'IIDDAY PEAK 200 AM 112:00 AM #N/A 0 0 0### 0 0 o #NIA 0 0 o #NIA 0 0 0 0 PEAK HOUR FACTOR 0,00 000 0.00 0,00 000 M PEAK 04:15 PM 105:15 PM 0 0 187 187 0 0 0 0 0 803 152 955 20 641 0 661 1803 -EAK HOUR FACTOR 0.87 #NIA 0.86 0.92 0,89 , FDOT/DPA RAW TURNING MOVEMENT DIAGRAM Agenda Item No. 8B June 26, 2007 Page 184 of 339 !. ....TION: , JUNTY : NAPLES 07/19/05 IMMOKALEE RD @ SHOPPES OF PEBBLEBROOK COLLIER CITY: DATE: M Peak Hour PM Peak Hour ...- 1086 ~...-J 405 316 - ----+ 89 + ..- 641 o~ 955 803---+ 152 t o 000 --- .J + ~ iir o 0 78 127 78 ~ o i o L 0 1086 1124 +- -- 38 r ---+ 394 t o o 0 0 N ~-TL. 1ir ~ 0 0 187 172 187 LO +- 641 661 .- 20 990 -+ t N TRUCK % NB =' 1 % SB =' n/a % EB= 14 % WB= 3 % i TRUCK % NB= SB= EB= WB- 1 % n/a % 6 % 9 % i )CA TION: '~)UNTY : FOOT/OPA ADJUSTED TURNING MOVMEMENT DIAGRAM IMMOKALEE RD @ SHOPPES OF PEBBLEBROOK COLLIER ADJUSTMENT FACTOR: 123 Agenda Item No. 8B June 26, 2007 Page 185 of 339 REPORT: 2004 COUNTYWIDE AM Peak Hour - Adjusted #### i 0 0 t .. 1333 0 0 0 #### N '--- 73% .J . L. 0 ..-t L 0 27% 497 368 ---. +- 1333 1380 74% -- --- 109 + t 47 I t r 484 ~ 0 96 --- 26% 62% 156 96 + 38% PM Peak Hour - Adjusted #### t 0 0 t .--- 767 0 0 0 #### N --- 40% .J + L. 0 ~ L 0 60% 1173 966 787 812 40% -- ---. +- -- 187 25 + .- 1 i r 0 0 230 1216 -- 60% ~ 48% 212 230 + 52% r Agenda Item No, 8B June 26, 2007 Page 186 of 339 APPENDIX E INTERSECTION CAPACITY ANALYSES ~ Agenda Item No, 8B June 26, 2007 Page 187 of 339 FUTURE 2010 TRAFFIC CONDITIONS WITHOUT PROJECT [E r Agenda Item No, 88 June 26, 2007 Page 188 of 339 HCS+: signalized Intersections Release 5.2 Analyst: GS Agency: David plummer & Associates Date: 12/28/2005 period: K-250 peak Hour w/o project project ID: Tree Farm PUD - #03679 E/W St: Immokalee Road Inter.: Immokalee Rd @ CR 951 Area Type: All other areas Jurisd: collier county Year 2010 N/S St: CR 951 No. Lanes LGconfig volume Lane wi dth RTOR vol I Eastbound I L T R I I L 165 112.0 I 3 2 T R 1178 1605 12 0 12.0 o SIGNALIZED INTERSECTION SUMMARY \ westbound Northbound I L T R L T R I I 231 I L T R 1900 892 7 112.0 12.0 12.0 I 6 I Southbound I L T R I I 1 1 1 1 L T R 160 36 23 112.0 12.0 12.0 I 18 1 2 2 2 T R 19 1147 12.0 12.0 o L 944 \12.0 Durati on 025 Area Type: All other areas Signal operations 2 3 4 A A A 6 7 8 A A 5 NB Left A Thru A Right A peds SB Left Thru Right Peds EB Right A WB Right A A phase combination 1 EB Left A Thru Right peds WB Left Thru Right peds NB Right SB Right Green Ye 11 ow A 11 Red A A A A A 31. 0 2,0 0.0 32.0 8,0 2,,0 3,0 0.0 2.0 cycle Length: Intersection performance summary Adj Sat Ratios Lane Group Approach Flow Rate (s) 35.0 3,0 2.0 120.0 secs Appr/ Lane Grp Lane Group capacity v/c g/C Delay LOS Delay LOS Eastbound L 535 1770 0.13 0.57 13.6 B T 1480 5074 0.86 0.29 45,,0 0 43.0 D R 1682 2803 1.03 0.60 42.7 0 westbound L 888 3437 1.09 0.26 102.3 F T 1480 5074 0.65 0.29 37.8 0 70.2 E R 462 1583 0.00 0.29 29.9 C Northbound L 917 3437 1,11 0.27 107.5 F T 1241 3547 0.02 0.35 24.1 C 52,,0 D R 1822 2803 0.68 0.65 6.8 A southbound L 92 1385 0,,71 0.07 76.8 E T 124 1863 0,31 0.07 54.8 D 67,,8 E R 106 1583 0.05 0.07 52.6 D Intersection Delay ~ 53,,2 (sec/veh) Inter'secti on LOS = 0 ~-, Agenda Item No, 8B June 26, 2007 Page 189 of 339 HCS+: Unsignalized Intersections Release 5,,2 TWO-WAY STOP CONTROL SUMMARY Analyst; GS Agency/co.: David plummer & Associates Date Performed: 12/28/2005 Analysis Time period: K-250 Highest Hour w/o project Intersecti on: Immokal ee Road @ Shoppes Jurisdiction: collier County Units: u" s. Customary Analysis Year: 2010 Project 10: Tree Farm PUD - #03679 East/West Street: Immokalee Road North/south Street: Shoppes of pebblebrook lakes Intersection orientation; EW Study period (hrs); 0.25 vehicle volumes and Adjustments Major Street; Approach Eastbound Westbound Movement 1 2 3 I 4 5 6 l T R I l T R volume 2576 254 34 1887 peak-Hour Factor, PHF 0.89 0.89 0.89 0.89 Hourly Flow Rate, HFR 2894 285 38 2120 percent Heavy vehicles 2 Median Ty~e/Storage Undivided / RT channe ized? No lanes 2 1 1 2 configuration T R l T Upstream Signal? No No Mi nor Street: Approach Northbound southbound Movement 7 8 9 10 11 12 l T R l T R volume peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy vehicles percent Grade (%) 0 Flared Approach: Exists?/Storage lanes configuration 272 0.89 305 2 o 1 R / / Delay, E8 1 Queue WB 4 l length, and level of service Northbound Southbound 7 8 9 10 11 12 R Approach Movement Lane confi g v (vph) c (m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach lOS 38 96 0.40 1.61 65,,2 F 305 121 2.52 27.20 765.2 F 765,2 F , Agenda Item No, 86 June 26, 2007 Page 190 of 339 FUTURE 2010 TRAFFIC CONDITIONS WITH PROJECT ~ Agenda Item No. 88 June 26, 2007 Page 191 of 339 HCS+: signalized Intersections Release 5.2 Analyst: GS Agency: David plummer & Associates Date: 12/28/2005 period: K-250 Peak Hour w/ project project ID: Tree Farm PUD - #03679 E/W St: Immokalee Road Inter.: Immokalee Rd @ CR 951 Area Type: All other areas Jurisd: collier County Year 2010 N/S St: CR 951 SIGNALIZED INTERSECTION SUMMARY 1 Eastbound 1 westbound I Northbound I Southbound I L T R I L T R I L T R 1 l T R I I I NO. Lanes I 1 3 2 I 2 3 1 I 2 2 2 I 1 1 1 LGConfig 1 L T R I L T R I L T R I L T R volume 1184 1145 1605 1900 880 112 1931 228 1130 1197 208 144 Lane wi dth 112,012.012.0 112,,0 12.0 12.,0 112.0 12.0 12,,0 112.0 12.0 12,,0 RTOR vol I 0 I 0 I 0 I 0 Duration 0.25 Area Type: All other areas phase combination signal operations 1 2 3 4 I 5 6 7 8 EB Left A A I NB Left A A Thru A I Thru A A Right A I Right A A peds I Peds WB Left A I SB Left A A Thru A I Thru A Ritt A I Ri~ht A pe s I pe s NB Right A 1 EB Right A A SB Right A 1 WB Right Green 30.0 28.0 26.0 5.0 15.0 Yellow 2.0 3.,0 2,0 2,.0 3.0 All Red 0.0 2.0 0.0 0,0 2.0 Cycle Length: 120,0 sees Intersection Performance Summary Appr/ Lane Adj sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capaci ty (s) v/c g/C Delay LOS Oel ay LOS Eastbound L 514 1805 0.39 0.,50 19.8 B T 1208 5176 1..02 0.23 76,8 E 71.1 E R 1572 2859 1.10 0,55 72.9 E westbound L 876 3505 1.11 0.25 108.4 F T 1208 5176 0.78 0,23 46.6 D 75.5 E R 377 1615 0.32 0.23 38,6 D Northbound L 964 3505 1.04 0.28 82.9 F T 663 3618 0.37 0.18 43.3 0 53.4 0 R 1358 2859 0.89 0.47 31..1 C southbound l 534 1805 0..40 0..34 30.0 c T 238 1900 0,94 0.13 94,4 F 51. 7 D ; R 673 1615 0.23 0.42 20.0- B Intersection Delay ~ 65,,5 Csec/veh) Intersection LOS ~ E r Agenda Item No, 86 June 26, 2007 Page 192 of 339 HCS+: Unsignalized Intersections Release 5.2 TWO-WAY STOP CONTROL SUMMARY Analyst: GS Agency/Co.: David plummer & Associates Date performed: 12/28/2005 Analysis Time period: K-250 Highest Hour w/ project Intersection: Immokalee Road @ shoppes Jurisdiction: collier county units: u. S. Customary Analysis Year': 2010 project ID: Tree Farm PUD - #03679 East/west Street: Immokalee Road North/South Street: shoppes of pebblebrook Lakes Intersection Orientation: EW study period (hrs): 0.25 vehicle volumes and Adjustments Major Street: Approach Eastbound westbound Movement 1 2 3 4 5 6 L T R L T R volume 2662 254 34 1903 60 peak-Hour Factor, PHF 0.89 0.89 0.89 0.69 0.89 Hourly Flow Rate, HFR 2991 Z65 36 2138 89 percent Heavy vehicles 6 Median Ty~e/Storage undivided / RT channe ized? NO No Lanes 2 1 1 2 1 configuration T R L T R upstream Signal? NO NO Minor street: Approach Northbound southbound Movement 7 8 9 10 11 12 L T R L T R volume 272 105 Peak Hour Factor, PHF 0.89 0.69 HOurly Flow Rate, HFR 305 117 percent Heavy Vehicles 1 0 percent Grade (%) 0 0 Flared Approach: Exists?/Storage / / Lanes 1 1 configuration R R Delay, Queue Length, and Level of Se rvi ce Approach EB WB Northbound southbound Movement 1 4 7 8 9 10 11 12 Lane config L R R v (vph) 38 305 117 cem) (vph) 81 113 221 v/c 0.47 2.70 0,,53 95% queue length 1.95 26.07 Z.78 control Delay 83.8 849,1 36,3 , LOS F F E Approach Delay 849.1 38.3 Approach LOS F E Agenda Item No, 86 June 26, 2007 Page 193 of 339 HCS+: unsignalized Intersections Release 5.2 TWO-WAY STOP CONTROL SUMMARY Analyst: GS Agency/co.; David Plummer & Associates Date Performed: 12/28/2005 Analysis Time Period: K-250 Highest Hour w/ project Intersection: N Tree Farm @ CR951 Jurisdiction: collier County units: u. s. Customary Analysis Year: 2010 project ID: Tree Farm PUD -, #03679 East/West Street: Tree Farm North Entr ance North/south Street: CR 951 Intersection Orientation: NS Study period Chrs): 0.25 Maj or Street: vehicle volumes and Approach Northbound Movement 1 2 L T Adjustments 3 4 R L Southbound 5 T 6 R vol ume peak-Hour' Factor, PHF Hourly Flow Rate, HFR percent Heavy vehicles Median Type/Storage RT channelized? Lanes configuration Upstream Signal? Minor Street: Approach Movement 228 0.90 253 2 undivided 20 0.90 22 / 1 L NO 1 R NO NO Eastbound 10 11 12 L T R 18 208 0.90 0.90 20 231 2 2 0 / / 1 1 T R westbound 789 L T R volume peak Hour' Factor, PHF Hourly Flow Rate, HFR percent Heavy vehicles percent Grade C%) Flared Approach: Lanes configuration 127 0.90 141 2 9 0.90 10 2 o Exists?/storage 1 1 L T Delay, Queue Length, and Level of service Approach NB SB westbound Eastbound Movement 1 4 I 7 8 9 10 11 12 Lane Confi g L , L T T R v (vph) 253 141 10 20 231 c(m) (vph) 1623 262 396 385 1085 v/c 0.,16 0.54 0.03 0.,05 0,21 95% queue length 0.55 2.93 0.08 0.16 0.81 Control Delay 7.6 33.7 14,3 14,9 9.2 LOS A D B B A Approach Delay 32,4 9.7 Approach LOS D A . Agenda Item No, 86 June 26, 2007 Page 194 of 339 HCS+: unsignalized In~ersec~ions Release 5.2 TWO-WAY STOP CONTROL SUMMARY Analys~: GS Agency/Co.: David plummer & Associates Date Performed: 12/28/2005 Analysis Time Period: K-250 Highest Hour w/ project Intersec~ion: Middle Tree Farm @ CR951 Jurisdic~ion: collier county units: U. S. cus~omary Analysis Year: 2010 projec~ 10: Tree Farm PUD - #03679 East/west street: Tree Farm Middle Entrance North/South s~ree~: CR 951 Intersection Orien~ation: NS s~udy period (hrs): 0,25 Major Street: vehi c 1 e Approach Movement 1 L volumes and Adjustments Northbound 2 3 4 T R L southbound 5 T 6 R vol ume 205 248 9 0 331 4 Peak-Hour' Factor, PHF 0.90 0.90 0.90 0.90 0.90 0,,90 Hourly Flow Ra~e, HFR 227 275 10 0 367 4 percen~ Heavy vehicles 2 2 Median Ty~e/Storage undi vi ded / RT channe ized? No NO Lanes 1 1 1 1 1 1 configuration L T R L T R upstream signal? No NO Minor Street: Approach westbound Eastbound Movement 7 8 9 10 11 12 L T R l T R volume 0 184 peak Hour Factor, PHF 0,90 0.90 Hourly Flow Rate, HFR 0 204 percent Heavy vehicles 2 2 percent Grade (%) 0 0 Flared Approach: Exists?/Storage / / Lanes 1 1 configuration R R Delay, Queue length, and Level of service Approach NB SB Westbound Eas~bound Movement 1 4 I 7 8 9 10 11 12 Lane config L l I R R v (vph) 227 0 0 204 c(m) (vph) 1188 1277 764 678 v/c 0,19 0.,00 0.00 0.,30 95% queue length 0.70 0.,00 0.00 1.26 Control Delay 8.7 7.8 9.7 12.6 LOS A A A B Approach Delay 12.,6 Approach LOS B Agenda Item No, 88 June 26, 2007 Page 195 of 339 HCS+: unsignalized Intersections Release 5.2 TWO-WAY STOP CONTROL SUMMARY Analyst: GS Agency/co.: David plummer & Associates Date Performed: 12/28/2005 Analysis Time period: K-250 Highest Hour w/ Project Intersec~ion: South Tree Farm @ CR951 Jurisdiction: collier County units: u. S. Customary Analysis Year: 2010 project ID: Tree Far'm PUD - #03679 East/west Street: Tree Farm Sou~h Entrance North/South Street: CR 951 Intersection orienta~ion: NS Study period (hrs): 0.25 Major street: vehicle App roach Movement 1 L volumes and Adjustments Northbound 234 T R L southbound 5 T 6 R volume 462 511 4 peak-Hour Factor, PHF 0.90 0.90 0.,90 Hourly Flow Ra~e, HFR 513 567 4 percent Heavy vehicles Median Ty~e/Storage undivi ded / RT Channe ized? No Lanes 1 1 1 configuration T T R upstream Signal? NO NO Minor Street: Approach wes~bound Eastbound Movement 7 8 9 10 11 12 L T R L T R volume 74 Peak Hour Factor, PHF 0.90 Hourly Flow Rate HFR 82 percent Heavy Vehicles 2 Percent Grade (%) 0 0 Flared Approach: Exists?/storage / / Lanes 1 configuration R Delay. NB 1 Queue SB 4 Length, and Level of Westbound I 7 8 9 Service Eastbound 10 11 Approach Movement Lane config 12 R v (vph) c (m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LDS 82 523 016 0.55 13.2 B 13.2 B r TREE FARM ROAD RPUD COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT October 2005 Prepared For: Elias Brothers Communities 15100 Collier Boulevard Naples, Florida 34119 (239) 354-2080 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Agenda Item No, 8B June 26, 2007 Page 196 of 339 Project No. 05ARM1271 Agenda Item No, 88 June 26, 2007 Page 197 of 339 TABLE OF CONTENTS Page Introduction" ,..........""."""., ,.,.... ...,....'" ...........,...,....""....."... ,. ,.,'. ,.".". ...." ....""",..."",'.".", ...... I 3,8.5. I 3,8,5,2 3,8,5,3 3,8,5.4 3,8,5,5 385,6 3,8.5.7 3,8,5,8 Applicant Information.",." ,...",."""",...,... ,.,',.,..,"""',...,."..".""""..."...."..,.."",.,... I Mapping and Support Graphics .,...,..,......,.,.,............"",.",.,....".....,..,......,....,...,.,....1 Project Description and GMP Consistency Determination,.....,...................."......,...4 Nati ve Vegetation Preservation."""..,..",...",...""",.",.., ,.,.."'."",'...",, ..,'. '."""'" "..7 Wetlands".""..",.".".."".""", ,."",,,,,,.... ,.",..." ,., '."""""'."""""""".'''''''''''.''.'''' ,.. I I Surface and Groundwater Management........,..."",.,.".........."....,.,..".."....",.,..."....14 Listed Species.".,.,,,.,.,,,.,,,,,,., ,."...""" '..''''''''.'''''''''''''.'''''.'''' ....,..."" ..." ,."."."" .... I 5 Other ,..',." ..,',..""".....",,'.. ".. ,..",." ..."..",... ,..,'''''''',.,'''""".",.."",..""".",,,,,,., '.'''' ,20 References,..", ,.'",..., '.'..",,,,, ,.,..,"'".,."....,.",.."".,...",. ,.",'.', ,., ,."""""."...... ...",....:"".....",..... ,...2 I . Figure 1. Agenda Item No. 88 June 26, 2007 Page 198 of 339 LIST OF FIGURES Page Project Location Map" ............, ........ ............. ,.,.. ,. ..... ,.. ,...... ,...........,., ,....'., ....... ,....2 ii -,-~---~"'-"--'._"'., _._..,._-,._..,,,.~...._""- Table I, Table 2. Table 3, Table 4. Table 5, Agenda Item No, 88 June 26, 2007 Page 199 of 339 LIST OF TABLES Pag:e Habitat/FLUCFCS Types and Acreages ..........................................................,.....3 Native Vegetation Habitat Types and Acreages ."".""""...."...".."",...."..""""...10 SFWMD/Collier County Wetlands ",....." """.""''''..'''''''' ",....,....",,,,..,,,,....,,,..,,.11 Listed Wildlife That Could Potentially Occur on the Tree Farm Road RPUD.".."""........."."".".......".",..."........."",,,........,,,,..,,.......,,15 Listed Plant Species That Could Potentially Occur on the Tree Farm Road RPUD..,,,.,,,,,.......,.,..,.....,,,,..,,,..,,,..,.,,,,,,.,,.,,,,,,.".""."",..".""...18 III r Agenda Item No, 86 June 26, 2007 Page 200 of 339 LIST OF EXHIBITS Page Exhibit A, Resumes ." ".........."...""".,..........."..,......"....,........"......,.,..,...' ......."...,."....."".. A-I Exhibit B. Aerial with FLUCFCS and Wetlands Map .....................,....................................B-l Exhibit C. FLUCFCS and Wetlands Map .............................................................................C-I Exhibit D, Quad Map,.,..,"...."...""......,....."".."...."....,.. .."",..",."..,.....',.,..........,....",.. ""." D-l Exhibit E. Soils Map ,...",................,..."..",...,...,..,...,.....,......,....,..,...,..,..,......."...,.....",..,.....E-l Exhibit F, Proposed Drainage Plan .....................".......,........................................"'.."......,.F-1 Exhibit G, Site Plan ",....",..'"..,.",...""".",..... ,,,...,.......',,...,.,, ,.....,..,...,..,...,...'....".....,...,...,. G-l Exhibit H. Off-Site Preserve Interface Exhibil.......,.".."....................................................., H-l Exhibit I. Project Location with Land Use Designations........................................"......"... 1-1 Exhibit J. Native Vegetation Map ......"...,...........,...."..............................."......,...."............ 1-1 Exhibit K. Listed Species Survey ...........".....................,.......,........"....,............,.................. K-l Exhibit L. Wetland Impact Map""".." ...".....,...""..,....",.,..,..,.,..,...,.. ,.',.,.."".""..,,,..........,,' L-l Exhibit M, Upland/Wetland Preserve Map ........",.....,.""."".,......."....,...,.,",....,...,',.....",....M-l Exhibit N, Correspondence from the Florida Department of State ......."..........................." N-l IV Exhibit 0, Exhibit P. Agenda Item No. 86 June 26, 2007 Page 201 of 339 LIST OF EXHIBITS (Continued) UMAM Analysis ',....,"',..,......".,....,...,.........,....",.,......,...."...".....""..,....,.....,....0-1 Phase 1 Environmental Site Assessment...,..................................."..................."P_l v . Agenda Item No, 8B June 26, 2007 Page 202 of 339 INTRODUCTION } This report represents the Collier County Environmental Impact Statement (EIS) for the Tree Farm Road RPUD, This EIS has been prepared in accordance with Division 3,8 of the Collier County Land Development Code (October 30,1991, as amended February 19,2004), 3.8.5.1 APPLICANT INFORMATION A. Responsible person who wrote the EIS and his/her education andjob related environmental experience, Elena Mandia Hoffman and Alicia Kruse, Passarella and Associates, Inc. (P AI) Consulting Ecologists, A copy of Mrs. Hoffman's and Ms. Kruse's resume is enclosed as Exhibit A. B. Owner(s) agent(s) name, address, phone number & e-mail address. Owner: Elias Brothers Communities at Tree Farm Road RPUD, Inc, 15100 Collier Boulevard Naples, Florida 34119 (239) 354-2080 Fax (239) 354-2611 Clark,leaming!aJ,ebcswfl.com Agent: Q, Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 33923 (239) 947-1144 Fax (239) 947-0375 mdelate@gradyminor,com 3.8.5.2 MAPPING AND SUPPORT GRAPHICS 1. General location map, A project location map is provided as Figure I, 2, Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary, This does not mean J 8~1 N * W E j?~ S '\ ,. ,. . > " o ~ PROJECT LOCATION \SEC 35, TWP 48 S, RGE 26 E S -\ ;; " . " J~ .~ i VAtllOER81LTBEACH RDEXT. " " , l j PINE RIDGE RO . ~-r I \1 1 1 GOLDEN GATE BLVD I ~ ~ , I , ~ ~ ~ ~ lJ__ \ L'1L- r --=-tl U I I I I PIN!: RIDGE RO fiGURE 1. PROJECT LOCATION MAP ACRE TREE fARM ROAD PARCEL PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: D.B. DATE: 2/11/05 , 2 . Agenda Item No. 88 June 26, 2007 Page 204 of 339 the applicant is required to go onto adjoining properties, Habitat identification consistent with the Florida Devartment of Transvortation - Florida Land Use Cover and Forms Classification Svstem (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the count. Other scale aerials may be used where appropriate for the size of the Project, provided the photograph and overlays. are legible at the scale provided A legendfor each of the FLUCFCS categories found on- site shall be included on the aerial. The vegetation associations and land uses were mapped utilizing the FLUCFCS Levels III and IV (Florida Department of Transportation 1999). Level IV was used to denote exotic infestations, anthropogenic disturbances, and hydrological conditions, An aerial photograph with FLUCFCS mapping extending at least two hundred (200) feet outside the Project boundary is enclosed as Exhibit B. A FLUCFCS and wetlands map of the property is provided as Exhibit C, and an acreage breakdown of the habitat types on the Project site is provided in Table L Table 1. HabitatfFLUCFCS Types and Acreages '" .... .' '<, ,. '.. '" .. ...,.-- .. FLUCFC$ I' ,. Perc~1).'t Habitat . '., Aerellge Code . .' .... . . . ofTQtal 110 Single-Family Residential 5,97 10,7 142 Wholesale Sales and Services 5.46 9.8 241/243 Tree Nursery/Ornamentals 3,39 6,1 251 Horse Farm 6,76 12,1 3219 E1 Palmetto Prairie, Disturbed (0 - 24% Exotics) 0,55 1.0 4119 EI Pine Flatwoods, Disturbed (0 - 24% Exotics) 2.49 4,5 4119 E2 Pine Flatwoods, Disturbed (25 - 49% Exotics) 0.41 0,7 4159 Pine, Disturbed 2,29 4,1 4159 El Pine, Disturbed (0 - 24% Exotics) 0,56 1.0 4159 E2 Pine, Disturbed (25 - 49% Exotics) 2,61 4,7 4159 E3 Pine, Disturbed (50 - 75% Exotics) 5,75 10,3 525 Shallow Pond 0.46 0,8 6249 E 1 Pine/Cyoress, Disturbed (0 - 24% Exotics) 4,61 8.3 6249 E2 Pine/Cypress, Disturbed (25 - 49% Exotics) 0,74 1.3 6249 E3 Pine/Cypress, Disturbed (50 - 75% Exotics) 0,97 1.7 6259 E2 Hvdric Pine, Disturbed (25 - 49% Exotics) 3,68 6.6 740 Disturbed Land 7.02 12,6 814 Road 2,07 3.7 Total 55.79 100.0 C, Topographic map and existing drainage patterns if applicable, Where possible, elevations within each of the FLUCFCS categories shall be provided A U,S, Geologic Survey quad sheet is enclosed as Exhibit D, 3 Agenda Item No, 88 June 26, 2007 Page 205 of 339 D. Soils map at scale consistent with that usedfor FLUCFCS determinations, According to the Collier County Soils Map, the following soil types are found on the property: Holopaw Fine Sand, Limestone Substratum, Hydric (Soil Map Unit 2); Oldsmar Fine Sand, Non-hydric (Soil Map Unit 16); and Riviera Fine Sand, Limestone Substratum, Hydric (Soil Map Unit 18). A soils map is attached as Exhibit E. E, Proposed drainage plan indicating basic jlow patterns, outfall and offsile drainage. Please see the Proposed Drainage Plan enclosed as Exhibit F. F. Developmenl plan including phasing program, service area of existing and proposed public facililies, and existing and proposed transportation network in the impact area, Please see the Tree Farm Road RPUD Site Plan enclosed as Exhibit Q, Q, Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboringproperties, Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservations lands, conservation acquisition area, major jlowways and potenlial wildlife corridors, Please see the Off-site Preserve Interface Exhibit enclosed as Exhibit H. H. For properties in the RLSA and RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Managemenl Plan. Please see the Project Location with Land Use Designations Map enclosed as Exhibit 1. The Project lies within the Urban Residential Subdistrict designation on the Future Land Use Map, The Project does not lie within the RLSA or RFMU Districts, 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the Project with respect to environmental and water management issues. The Tree Farm Road RPUD is 55.790!0 acres and is located in Section 35, Township 48 South, Range 26 East, Collier County, Florida (Figure I), More specifically, the parcel is south of ImmokaIee Road; north of Danbury Boulevard; east of County Road 951; and west of G1eneagle Way, The surrounding land uses consist of vacant land to the north; Vanderbilt Country Club to the south; single-family residential homes and Bristol Pines residential construction to the west; and Vanderbilt Country Club, broadcasting antennas, and open land to the east. AI" = 200' scale aerial of the Project site is attached as Exhibit B, 4 r Agenda Item No. 88 June 26, 2007 Page 206 of 339 The parcel consists of an active tree nursery; horse farm; residential homes; undeveloped, pine and cypress dominated forested wetlands with varying levels of exotic infestation; forested upland pine habitat with varying levels of exotic infestation; palmetto prairie; shallow pond; disturbed land; and roads. The majority of impacts for development are limited to existing developed areas, uplands, and lower quality wetlands with varying levels of exotic infestation on the site. Preserve areas include cypress and pine dominated wetlands and upland pine habitat. Preserve areas will be enhanced through exotic removal. Disturbed land wiIl be enhanced through supplemental plantings of native vegetation. The proposed project includes a single-family and multi-family residential development with a clubhouse, associated amenities, surface water management, park area, and preserves. Of the 55,79:1: acres on the Project site, 24.66:1: acres are considered habitats with native vegetation present (Exhibit J), Those habitats not included as native vegetation habitats include single- family residential, wholesale sales and services, tree nursery, horse farm, shallow pond, disturbed land, and road. Of the 24.66:1: acres of native vegetation, 14.20:1: acres(57,6 percent) will be retained. The site contains 9.42"' acres of South Florida Water Management District (SFWMD) wetlands and 0.46:1: acre "other surface waters." The level of exotics found within the wetlands range from relatively exotic free habitats to heavy infestation of melaleuca (Melaleuca quinquenervia), A listed species survey was conducted on the property on February 8, 2005; May 18,2005; June 14, 16, and 17,2005; July 26, 2005; and September 13,2005 by PAL The survey methodology and results are provided in Exhibit K. No listed species were observed on the site. The construction of the Project will result in wetland impacts to 0,58:1: acre of on-site SFWMD wetlands, The wetland impacts are limited to the lower quality wetlands on-site. The wetlands that will be impacted by the proposed development plan are currently degraded as a result of infestation by melaleuca, an invasive exotic plant. A wetland impact map is shown as Exhibit L. The water management system will consist of a series of inlets and drainage pipes connected to two lakes. The lakes will provide water quality attenuation and treatment prior to discharge to the adjoining preserved wetlands, This discharge should provide re-hydration to the wetlands which have been adversely affected by the construction of the C.R, 951 canal in the 1960's. After flowing through the wetlands, the runoff will be collected in an inlet and will be conveyed in a drainage pipe ultimately discharging to the C.R. 951 canal. Discharge from the site will be limited to Collier County Ordinance 90-10 (as amended). Historically, drainage flow across the site is from the northeast to the southwest, though the amount of above ground flow was limited to extreme rain events for short duration, This overland flow ceased at the time of the construction ofthe C.R. 951 canal and further by the construction of Tree Farm Road. There are no off-site flows coming in to the site now. 5 \ ! Agenda Item No, 88 June 26, 2007 Page 207 of 339 A total of9.42z acres of wetlands and 6,15010 acres of uplands will be enhanced and preserved (Exhibit M). The exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca, Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarian cunninghamiana), downy rose-myrtle (Rhodomyrtus tomentosus), and cattails (Typha latifolia), Exotic vegetation removal will include hand removal of exotics, In general, the exotics will be treated in place with an appropriate herbicide and left standing; or exotics will be cut, the cut vegetation will be removed or stacked in place, and the remaining stumps treated with an appropriate herbicide, Disturbed land will be enhanced through supplemental plantings of native vegetation. B. Explain how the Project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable, Objective 2,2 of the Conservation and Coastal Management Plan states: "All canals, rivers, and flow-ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, Policy 2,2,2 states: "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality offresh water (discharge) to the estuarine system," This project is consistent with the objectives of Policy 2,2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes to provide water quality retention and peak flow attenuation during storm events. The Project as proposed is consistent with the Policies in Objectives 6. I and 6,2 of the Conservation and Coastal Management Element, for the following reasons: · A total of 15.57010 acres (28.0 percent) of the site will be retained and set aside as preserve areas with conservation easements prohibiting further development. Of the 24,66010 acres of existing native vegetation on the site, 14,20010 acres (57,6 percent) will be retained (Exhibit J), The preserve areas will be enhanced through exotic vegetation removal. Disturbed land will be enhanced through supplemental plantings of native vegetation. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. · Habitat management and exotic vegetation removal/maintenance plans will be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. · Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal and will be required to meet the minimum planting area requirement in Policy 6, 1,7. · The requirement for an EIS pursuant to Policy 6, I ,8 has been satisfied. 6 r Agenda Item No, 88 June 26, 2007 Page 208 of 339 . Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2,2. Agency permits will be required at the time of Site Development Plan/Construction Plan submittal. As stated in Policies 6,2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designation and require mitigation for such impacts, this shall be deemed to meet the objective of . protection and conservation of wetlands and the natural functions of wetlands within thi s area, . In accordance with Policy 6,2,6, required preservation areas are identified on the RPUD site plan. Allowable uses within the preserve areas are included in the RPUD document, with changes to these uses stipulated in the staff report. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. . In accordance with Policy 7.1.2, a listed species survey was conducted on the property, and no listed species were identified on the subject property. . In accordance with Policy 11,1,2, correspondence was sent to the Florida Department of the State regarding possible archaeological or historical sites within the Project area, In a letter dated September 21,2005, the Florida Department of the State stated that no cultural resources are known to exist in the Project area and that no cultural resources will be affected by the Project (Exhibit N). 3.8.5.4 NATIVE VEGETATION PRESERVATION A. IdentifY the acreage and community type of all upland and wetland habitats found on the Project site, according to the FLUCFCS. Provide a description of each of the FLUCFCS categories identified on site by vegetation type (species), vegetation composition (canopy, midstory and ground cover), and vegetation dominance (dominant, common, and occasional). A description of each FLUCFCS type found on the project site follows, Table 1 gives the acreage for each FLUCFCS type. Residential (FLUCFCS Code 110) Single-family residential occupies this section of the property, Wholesale Sales and Services (FLUCFCS Code 142) Green Heron Landscapes, Inc. occupies the northwest section of the property, A storage building occupies the other area in this category, Tree Nursery/Ornamentals (FLUCFCS Codes 241/243) The canopy trees consist of ornamental palm trees such as queen palm (Syagrus 7 Agenda Item No. 86 June 26, 2007 Page 209 of 339 romanzoffianum), silver palm (Coccothrinax argentata), and date palm (Phoenix dactylifera), The ground is planted with a variety of ornamental plants, Horse Farm (FLUCFCS Code 251) This area consists of stables, a horse jumping area, and pasture for the horses, Palmetto Prairie, Disturbed (0 - 24% Exotics) (FLUCFCS Code 3219 E1) The canopy in this upland habitat is open with scattered slash pine (Pinus elliottii), The sub- canopy vegetation includes slash pine, dahoon holly (flex cassine var, cassine), wax-myrtle (Myrica cerifera), and melaleuca. The ground cover vegetation is dominated by saw palmetto (Serenoa repens) with gallberry (llex glabra), bracken fern (Pteridium aquilinum), stagger bush (Lyonia fruticosa), and slash pine seedlings, Pine Flatwoods, Disturbed (0 - 24% Exotics) (FLUCFCS Code 4119 EI) The canopy vegetation in this upland habitat is dominated by slash pine. Sub-canopy and ground cover vegetation is the same as FLUCFCS Code 3219 E 1. Pine Flatwoods. Disturbed (25 - 49% Exotics) (FLUCFCS Code 4119 E2) The canopy vegetation is dominated by slash pine, The sub-canopy is dominated by Brazilian pepper, The ground cover is dominated by saw palmetto with common ragweed (Ambrosia sp,), caesar-weed (Urena lobata), beggar-ticks (Eidens sp,), and bahiagrass (Paspalum notatum). Pine. Disturbed (FLUCFCS Code 4159) The canopy in this upland area is dominated by slash pine, The understory is clear with only bare ground. Pine. Disturbed (0 - 24% Exotics) (FLUCFCS Code 4 I 59 EI) This upland habitat type contains slash pine, melaleuca, and bald cypress (Taxodium distichum) with scattered dahoon holly and earleaf acacia (Acacia auriculiformis) in the canopy, The sub-canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, earleaf acacia, and wax-myrtle, The ground cover is dominated by muscadine grape (Vitis rotundifolia) with caesar-weed, saw palmetto, beggar's tick, little blue maidencane (Amphicarpum muhlenbergianum), gulf dune paspalum (Paspalum monostachyum), poison ivy (Toxicodendron radicans), low panicum (Dichanthelium sp,), Mexican clover (Richardia grandiflora), and spermacoce (Spermacoce verticillata), Pine. Disturbed (25 - 49% Exotics) (FLUCFCS Code 4159 E2) This upland habitat has a canopy dominated by slash pine. The sub-canopy contains Brazilian pepper, melaleuca, slash pine, and scattered bald cypress. Ground cover species include Bay Biscayne wedelia (Wedelia trilobata), spermacoce, dog fennel (Eupatorium capillifolium), muscadine grape, caesar weed, ragweed, beggar-ticks, occasional swamp fern (Blechnum serrulatum), and gulfdune paspalum, 8 . Agenda Item No, 8B June 26, 2007 Page 210 of 339 ) Pine, Disturbed (50 - 75% Exotics) (FLUCFCS Code 4159 E3) This upland habitat has a canopy dominated by slash pine and melaleuca. The sub-canopy contains Brazilian pepper, melaleuca, slash pine, and wax-myrtle, Ground cover species is dominated by bahiagrass and also includes Bay Biscayne wedelia, spermacoce, dog fennel, caesar-weed, and beggar-ticks. Shallow Pond (FLUCFCS Code 525) These "other surface waters" areas are located in the Tree Nursery/Ornamental (FLUCFCS Codes 241/243) and Residential (FLUCFCS Code 110) areas. Pine/Cypress. Disturbed (0 - 24% Exotics) (FLUCFCS Code 6249 EI) The canopy in this wetland area consists of slash pine and bald cypress. The sub-canopy consists of bald cypress, slash pine, melaleuca, and Brazilian pepper. The ground cover contains swamp fern, sawgrass (Cladium jamaicense), gulf dune paspalum, Brazilian pepper, muscadine grape, poison ivy, and spermacoce. Pine/Cvpress, Disturbed (25 - 49% Exotics) (FLUCFCS Code 6249 E2) This wetland area is similar to FLUCFCS Code 6249 EI, except with a higher concentration of melaleuca (25 to 49 percent). Pine/Cypress, Disturbed (50 - 75% Exotics) (FLUCFCS Code 6249 E3) The canopy in this disturbed wetland consists of slash pine and bald cypress. However, the understory is planted with ornamental vegetation. Hvdric Pine, Disturbed (25 - 49% Exotics) (FLUCFCS Code 6259 E2) This wetland habitat type contains slash pine and melaleuca, with scattered cypress and dahoon holly in the canopy. The sub-canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, wax-myrtle, and cabbage palm (Sabal palmetto), The ground cover contains swamp fern, gulfdune paspalum, little blue maidencane, chain fern (Woodwardia virginica), fennel (Eupatorium leptophyllum), camphorweed (Pluchearosea), knotroot foxtail (Setaria parviflora), spermacoce, rush (Juncus megacephalus), saw grass, muscadine grape, and rush fuirena (Fuirena scirpoidea). Disturbed Land (FLUCFCS Code 740) The canopy and sub-canopy are mostly open with scattered slash pine, melaleuca, and Brazilian pepper. The ground cover vegetation includes common ragweed, caesar-weed, beggar-ticks, and bahiagrass. Road (FLUCFCS Code 814) An unimproved road and paved driveways occupy these areas of the property. B, Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division ],9 of the Land Development Code, Provide an exhibit illustrating such. 9 ____~~."_.,..,. ___ _ _._____.#_____~'o_,.~ Agenda Item No, 8B June 26, 2007 Page 211 of 339 Include calculations identifYing the acreage for preservation and impact, per FLUCFCS category, The property lies within the Urban Residential Subdistrict designation of the Collier County Future Land Use Map. According to the vegetation preservation and retention standards for residential and mixed use development for an area of greater than 20,~ acres, a minimum of 25 percent of the native vegetation areas located on the subject property will be retained. The property has a total of24.66", acres of native vegetation habitat. A Native Vegetation Map is provided as Exhibit J, while Table 2 provides an acreage breakdown of these native habitats, Table 2. Native Vegetation Habitat Types and Acreages J?LUCJ?CS n;bit~ii< . 'Ji);xistiilg Preserve JlIlpact Code . Acreage Acreage Acrellge 3219 El Palmetto Prairie, Disturbed (0 - 24% Exotics) 0,55 0.55 0,00 4119 El Pine Flatwoods, Disturbed (0 - 24% Exotics) 2.49 1.60 0.89 4119 E2 Pine Flatwoods, Disturbed (25 - 49% Exotics) 0.4] 0,0 0.41 4159 Pine, Disturbed 2,29 0.0 2.29 4159 El Pine, Disturbed (0 - 24% Exotics) 0,56 0,56 0,00 4159 E2 Pine, Disturbed (25 - 49% Exotics) 2.61 1.46 1.15 4159 E3 Pine, Disturbed (50 - 75% Exotics) 5,75 0,61 5.14 6249 E I Pine/Cypress, Disturbed (0 - 24% Exotics) 4,6] 4.61 0.0 6249 E2 Pine/Cypress, Disturbed (25 - 49% Exotics) 0.74 0.39 0.35 6249 E3 Pine/Cypress, Disturbed (50 - 75% Exotics) 0.97 0.74 0.23 6259 E2 Hydric Pine, Disturbed (25 - 49% Exotics) },68 },68 0.00 , I '. . . " ..... . Tqtal" "..,', . . . · 24.66 ' 14.211 "10.46 Minimum Retaihed Native Vegetation ReC(uil"ement , . , il"xistinl! Native Vel!etation Acreal!.e x 25%) 6.17 Of the 24,66", acres of native vegetation, 14,20", acres (57,6 percent) will be retained, The retained native vegetation exceeds the minimum required native vegetation preservation (6,17 acres), The proposed project design has incorporated 9.42", acres of wetlands and 6,15", acres of uplands as preserves within the development plan. At post-development these wetlands and uplands will be enhanced by the removal of exotics and supplemental plantings. The preserved and enhanced uplands and wetlands will be placed under a conservation easement. A wetland and upland preserve map with the site plan of the property is provided as Exhibit M, C, For sites already cleared and in agricultural use, provide documentation that the parcel(s} are in compliance with the 25 year rezone limitation in Policy 6.],5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3. 9 of the Land Development Code, For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the] 0 year rezone limitation previously identified in the Growth Management Plan and Land Development Code, 10 r Agenda Item No. 88 June 26, 2007 Page 212 of 339 Not applicable. D, Have preserves or acreage requirements for preservation previously been identifiedfor the site during previous development order approvals? If so, identify the location and acreage . of these preserves, and provide an explanation if they are different from what is proposed. Not applicable. E, For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. There are no areas with Special Treatment overlays located within the subject property. 3.8.5.5 WETLANDS A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6,2,] and 6,2,2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the FLUCFCS. include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory, and ground cover), and vegetation dominance (dominant, common, and occasional), Wetland determinations are required to be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection, prior to submission to the County, \ i There are 10.010 acres of potential SFWMD/Collier County jurisdictional wetlands (Exhibit C), However, the wetland lines have not been reviewed or approved by the SFWMD. Table 3 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type follows, Table 3. SFWMD/Collier County Wetlands FLuCli<::s<,. Code 6249 EI 6249 E2 6249 E3 6259 E2 Acreage 4,61 0,74 0,97 3,68 10.00 Pine/Cypress, Disturbed (0 - 24% Exotics) Pine/Cypress, Disturbed (25 - 49% Exotics) Pine/Cypress, Disturbed (50 - 75% Exotics) Hydric Pine, Disturbed (25 - 49% Exotics) Total Pine/Cypress. Disturbed (0 - 24% Exotics) (FLUCFCS Code 6249 El) This wetland habitat contains slash pine and bald cypress in the canopy, The sub-canopy consists of bald cypress, slash pine, melaleuca, and Brazilian pepper. The ground cover II ) Agenda Item No, 88 June 26, 2007 Page 213 of 339 contains swamp fern, sawgrass, gulfdune paspalum, Brazilian pepper, muscadine grape, poison ivy, and spermacoce, Pine/Cypress, Disturbed (25 - 49% Exotics) (FLUCFCS Code 6249 E2) This potential wetland area is similar to FLUCFCS Code 6249 EI, except with a higher concentration ofmelaleuca (25 - 49% Exotics), Pine/Cypress, Disturbed (50 - 75% Exotics) (FLUCFCS Code 6249 E3) The canopy in this disturbed wetland consists of slash pine and bald cypress. However, the understory is planted with ornamental vegetation. Hydric Pine. Disturbed (25 - 49% Exotics) (FLUCFCS Code 6259 E2) This wetland habitat contains slash pine and melaleuca, with scattered cypress and dahoon holly in the canopy. The sub-canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, wax-myrtle, and cabbage palm, The ground cover contains swamp fern, gulfdune paspalum, little blue maidencane, chain fern, fennel, camphorweed, knotroot foxtail, spermacoce, rush, saw grass, muscadine grape, and rush fuirena, B, Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators, Indicate how the project design improves/affects predevelopment hydroperiods, Provide a narrative addressing the anticipated control elevation(s) for the site, The wet season water table has been determined by analyzing the adjoining project's water management system, Adjoining control elevations are in the 12,0 feet NGVD range, In order to provide positive outfall, it has been determined to use a control elevation of 12.5 feet NGVD. Dry season water table is in the range of five feet below ground elevations or approximately elevation 7,0 feet NGVD. Minimum road elevation will be approximately at 15.0 feet NGVD. Minimwn finished floor elevation is estimated to be 16,5 feet NGVD, The water management system will consist of a series of inlets and drainage pipes connected to two lakes. The lakes will provide water quality attenuation and treatment prior to discharge to the adjoining preserved wetlands. This discharge should provide re-hydration to the wetlands which have been adversely affected by the construction of the C.R. 951 canal in the 1960's, After flowing through the wetlands, the runoff will be collected in an inlet and will be conveyed in a drainage pipe ultimately discharging to the C.R, 951 canal. Discharge from the site will be limited to Collier County Ordinance 90-10 (as amended), Historically, drainage flow across the site is from the northeast to the southwest, though the amount of above ground flow was limited to extreme rain events for short duration, This overland flow ceased at the time of the construction of the C.R, 951 canal and further by the construction of Tree Farm Road. There are no off-site flows coming in to the site now. 12 I Agenda Item No. 88 June 26, 2007 Page 214 of 339 c. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands, Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site, Describe how impacts to wetlands have been minimized. The site plan concentrates the development on the eastern portion of the property and preserves land that contains the majority of wetlands to the west. The development areas are located within uplands and lower quality disturbed wetlands. The wetlands that will be impacted by the proposed development plan are currently degraded as a result of exotic infestation by melaleuca and surrounding development. The construction ofthe Project will result in direct wetland impacts to 0.58010 acre of on-site wetlands. As discussed, these wetland impacts are limited to the lower quality wetlands on- site. The direct wetland impacts will result in the loss of the wetland functions associated with those wetlands, including wildlife habitat, hydrology, and water quality treatment. A wetland impact map is shown as Exhibit L. The water management system will consist of a series of inlets and drainage pipes connected to two lakes, The lakes will provide water quality attenuation and treatment prior to discharge to the adjoining preserved wetlands. This discharge should provide re-hydration to the wetlands which have been adversely affected by the construction of the C,R. 951 canal in the 1960's. After flowing through the wetlands, the runoff will be collected in an inlet and will be conveyed in a drainage pipe ultimately discharging to the C.R. 951 canal. Discharge from the site will be limited to Collier County Ordinance 90-10 (as amended), Historically, drainage flow across the site is from the northeast to the southwest, though the amount of above ground flow was limited to extreme rain events for short duration. This overland flow ceased at the time of the construction ofthe C.R. 951 canal and further by the construction of Tree Farm Road. There are no off-site flows coming in to the site now, In addition to avoiding and minimizing wetland impacts, the Project was designed to avoid secondary impacts to the preserved wetlands as much as possible, Design criteria to minimize secondary impacts include establishing a 25 foot upland buffer adjacent to preserves. Preservation areas total 15.57010 acres (28.0 percent) of the property. This involves the enhancement and preservation of9.42010 acres of wetlands and enhancement and preservation of 6.15010 acres of upland preserves (Exhibit M). Wetland and upland enhancement will include the removal of exotic and nuisance vegetation. Exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca, Brazilian pepper, Australian pine, downy rose.myrtle, and cattails, Exotic vegetation removal will include hand removal of exotics. In general, exotics will be treated in place with an appropriate herbicide and left standing; or exotics will be cut, the cut vegetation 13 Agenda Item No, 88 June 26, 2007 Page 215 of 339 removed or stacked in place, and the remaining stump treated with an appropriate herbicide. Disturbed land will be planted with native upland vegetation. D, Indicate how the Project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the SFWMD or Florida Department of Environmental Protection, For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method The site is not located within the RFMU. However, an assessment was conducted for the site wetlands using the SFWMD Uniform Mitigation Assessment Method (Exhibit 0), Based on the analysis, the proposed project preserves the higher functioning wetlands (i.e., 2: 0.60 score) and impacts the lower functioning wetlands (i,e., 0,50 score). Preservation areas total 15,57* acres (28,0 percent) of the property, This involves the enhancement and preservation of 9.42:1: acres of wetlands, and enhancement and preservation of 6.15* acres of upland preserves (Exhibit L). Wetland and upland enhancement will include the removal of exotic and nuisance vegetation. 3.8.5.6 SURFACE AND GROUNDWATER MANAGEMENT A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water, Please see the Proposed Drainage Plan enclosed as Exhibit F. B. Provide an analysis of potential water quality impacts of the Project by evaluating water quality loadings expected from the Project (post development conditions considering the proposed land uses and storm water management controls) compared with water quality loadings of the Project area as it exists in its pre-development conditions, This analysis is required for projects impacting five (5) or more acres of wetlands, The analysis shall be performed using methodologies approved by Federal and State water quality agencies, Not applicable 14 r Agenda Item No, 88 June 26, 2007 Page 216 of 339 C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysisfor how the project design avoids the most intensive land uses within the most sensitive WRM-STs. No Wellfield Risk Management Zones exist within the project area. 3.8.5.7 LISTED SPECIES A. Provide a plant and animai species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the FWCC and the USFWS. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on- site, A listed species survey was conducted on the property on February 8, 2005; May 18,2005; June 14, 16, and 17,2005; July 26, 2005; and September 13,2005 by PAL The listed species survey report is included as Exhibit K. No listed species were observed on the site. B, Identify aI/listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site, ) Listed wildlife species that were not observed, but which have the potential to occur on the Project site are listed in Table 4. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992), Volume III; Amphibians and Reptiles (Moler 1992); Volume V, Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 4. Listed Wildlife That Could Potentially Occur on the Tree Fann Road RPUD Sele\ltific Name c. . .>1 Desillnatedstatus Habitat CommOn Name .yw,CC . USFWS I (FLUCFCSColle) . Amphibians and Reptiles . Alligator mississipiensis American alligator see T(S/A) 525, 6219E4, 6249El, 6249E,6249E3,6249E4 Drymarchon corais Eastern indigo T T 3219 El, 4II9E1, couneri snake 4 II 9E2 Gopherus polyphemus Gopher tortoise see - 3219 El,41 19E1, 4l19E2 Rana capito Gopher frog sse - 3219 El, 4119El, 4119E2 Birds . . . Aramus euarauna Limokin sse - 525 Egretta caerulea Little blue heron sse - 525,6249El,6249E, 6249E3 15 Agenda Item No, 8B June 26,2007 Page 217 of 339 Table 4. (Continued) \ , . C . ..........,iN,.I,;l)e~ilnat!l4Statll$1 HalJitat>i S~ientiti~N llmc ", "i"'O.." ......... .Olllllll'!~. ...l!We'.'r.ii;WGCI'TfSFWS! .(F"'UCFCSC911~) .... ';".'.....:,'.;C,", ...._~.\'u,:<. ""_:_,",",",; ,," ...'_:' \:;",__ " ..<_ :',' .,' .. ,.' '," '. .. . . " ....... .......,.i....i..:... , . j}Ji"d$(Ci!uthi)jed). ..'.. ..... < .'. '. i''-'-.. _,.. Egretta thula Snowy egret SSC - 525, 6249El, 6249E2, 6249E3 Egretta tricolor Tricolored heron SSC - 525, 6249E I, 6249E, 6249E3 Falco sparverius paulus Southeastern T 3219 EI, 4119El, American kestrel - 4119E2 Grus canadensis Florida sandhill T 3219 El - crane Haliaeetus Bald eagle T T 4119EI,4119E2, leucocephalus 4119E3 Picoides borealis Red-cockaded T E 4119El, 4] 19E2 woodpecker Polyborus plancus Crested caracara T T 3219 El Mlllllmllls Felis concolor coryi Florida panther E E 4119El,4119E2, 6249El, 6249E,6249E3 Big Cypress fox 4119El, 4119E2, Sciurus niger avicennia squirrel T - 6245E2, 6249EI, 6249E2, 6249E3 Ursus americanus 3219 EI, 4119EI, floridanus Florida black bear T - 4119E2,6249EI, 6249E, 6249E3 FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S, Fish and Wildlife Service SSC - Species of Special Concern T ~ Threatened E - Endangered T (S/ A) - Threatened due to similarity of appearance American Alligator (Allifzator mississiviensis) Habitat for the American alligator consists of mostly permanent bodies of fresh water, including marshes, swamps, lakes, and rivers (Hipes et ai, 200 I). The site provides permanent bodies of water in FLUCFCS Code 525, Shallow Pond, Eastern Indigo Snake (Drvmarchon corais couveri) The Eastern indigo snake is far ranging and may utilize activity areas of 125 to 250 acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise (Gopherus polyphemus). No gopher tortoises or their burrows were observed on the Project site, Gooher Tortoise The gopher tortoise is typically found in dry upland habitats, including sandhills, scrub, xeric 16 . Agenda Item No, 8B June 26, 2007 Page 218 of 339 oak hammock, and dry pine flatwoods; and also commonly uses disturbed habitats such as pastures, old fields, and road shoulders. The site provides suitable habitat for the gopher tortoise; however, no gopher tortoises or their burrows were found on-site. Gopher Frog (Rana areolata) The gopher frog is typically only found in association with populations of gopher tortoises, No gopher tortoises have been observed on-site. Little Blue Heron (El?:retta caerula), SnowY egret (El?:retta thula). Tricolored heron (El?:I"etta tricolor). and Wood Stork (Mvcteria arnericana) Potential foraging habitat for the little blue heron, snowy egret, tricolored heron, and wood stork occurs on-site in FLUCFCS Code 525, Shallow Pond, The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991) lists no bird rookeries on the subject parcel. Although, recorded wood stork colonies #619310, #619018, and #619161 exist approximately ten, nine, and fifteen miles from the site, respectively. Southeastern American Kestrel (Falco soarverius oaulus) Potential habitat for the Southeastern American kestrel may exist within the pine habitats on the Project site; however, the Project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et al. 1996). \, } Florida Sandhill Crane (Grus Canadensis) Potential habitat for the Florida sandhill crane may exist in palmetto habitat, although due to the location of the site, surrounding development, and the disturbed nature of the site, this is unlikely, Bald Eagle (Haliaeetus leucoceohalus) The Fish and Wildlife Conservation Commission (FWCC) database for bald eagle nests (cunent through 2001) shows no bald eagle nests on or adjacent to the property. However, a bald eagle nest was discovered recently in the vicinity ofthe site. The nest is approximately 3,750 feet east of the site. Red-Cockaded Woodpecker (Picoides borealis) To date, no red-cockaded woodpeckers were observed or heard on the property. No red- cockaded woodpecker cavity trees have been documented on the Project site. The nearest documented red-cockaded woodpecker cavity trees are approximately four miles northwest of the Project site, Crested Caracara (Polvborus olancus) Potential habitat for the crested caracara may exist in palmetto habitat, although due to the location of the site, surrounding development, and the disturbed nature of the site, this is unlikely, 17 Agenda Item No, 88 June 26, 2007 Page 219 of 339 Florida Panther (Felis concoror corvi) The subject parcel does not occur within Priority I or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et at. 1993). No panther telemetry points have been documented on the Project site, The nearest documented panther telemetry point is approximately one mile north of the Project site. In addition, the close proximity of neighboring development would deter any panthers from utilizing the site, No panthers or their sign (i.e., tracks, scat, etc,) were observed during the listed species surveys conducted on the property, Big Cvpress Fox Squirrel (Seiums nif!er avicennia) Potential Big Cypress fox squirrel habitat exists within the upland pine and forested wetland habitats. No Big Cypress fox squirrels have been documented on the Project site. Black Bear (Ursus americanus floridanus) No black bear or their sign (i.e., tracks, scat, etc,) were observed during the listed species surveys conducted on the property, No black bear telemetry points have been docwnented on the Project site, The nearest documented black bear telemetry point is approximately three miles to the southeast of the site. Listed plant species that were not observed, but which have the potential to occur on the Project site are listed in Table 5. Information used in assessing the potential occurrence of these species included the Field Guide to the Rare Plants of Florida (Chafin 2000) and personal experience and knowledge of the geographic region. Table 5. Listed Plant Species That Could Potentially Occur on the Tree Farm Road RPUD ScjentificName CQlnmoJiName Desienated ..Status .'. . JI:!b~~a,t c.. . ....'FDA: ttsFWS. (FLJ.lCFCScode) . . Asclepias curtissii Curtis milkweed E - 3219 EI, Burmannia flava Fakahatchee burmannia E - 3219EI,4119EI, 4119E2 Campyloneurum N arrow strap fern E - 6249E I, 6249E2, angustijofium 6249E3 Chrysophyllum Satinleaf E - 4l19EI,4119E2 oliva~rme Cyrtopodium Cowhorn orchid E - 6249EI,6249E2, Jl!!nctatum 6249E3 Deeringothamnus Beautiful paw-paw E E 3219 El, 4119El, pulchellus 4119E2 Encyclia nocturnum Clamshell orchid E - 6249EI,6249E2, 6249E3 Epidendrum Night-scented orchid E - 6249EI, 6249E2, nocturnum 6249E3 Guzmania Fuchs' bromeliad E 6249E1,6249E2, monostachia - 6249E3 18 . Agenda Item No, 88 June 26, 2007 Page 220 of 339 Table 5. (Continued) SCientifi~ Name . ... '... Tillandsia pruinosa Toothed lattice-vein fern Fuzzy-wuzzy air plant . Desi'ited .!lwtl!S FDA:: USFWS E E 'x / ~ldHtIIt (tLuC'fc;S,(1~de) 6249Et, 6249E2, 6249E3 6249E I, 6249E2, 6249E3 3219 El, 4119EI,4119E2 Thelypteris serrata Zamiajloridana Florida coontie C FDA - Florida Department of Agriculture USFWS - D,S, Fish and Wildlife Service E - Endangered C - Commercially Exploited T - Threatened C. indicate how the Project design minimizes impacts to species of special status, Describe the measures that are proposed as mitigation for impacts to listed species, The proposed site plan has been designed to minimize impacts to listed species, This includes the preservation and enhancement of wetland and upland habitats on the property. The site plan involves the establishment of an upland/wetland preserve in the western portion of the property and a smaller upland/wetland preserve in the northeastern portion of the site. These preserve areas include forested wetland habitat with upland pine and palmetto habitat that will be enhanced through exotic removal. Disturbed land exists in the preserve areas although the acreages are not needed to meet the native vegetation requirement. These areas will be planted with native upland vegetation. Enhancement of the wetland and upland preserves will include the removal of exotic and nuisance vegetation such as melaleuca, Brazilian pepper, and cattails, The surface water management system will be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydro periods will be maintained to provide for the natural wet and dry cycles, which provides for foraging for wading birds. The wetland and upland preserves will be placed under a conservation easement as part of the SFWMD permitting for the Project. D, Provide habitat management plans for each of the listed species known to occur on the property, For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. No listed species have been identified on-site, E, Where applicable, include correspondence received from FWCC and the USFWS, with regards to the Project. Explain how the concerns of these agencies have been met, 19 Agenda Item No, 88 June 26, 2007 Page 221 of 339 No correspondence has been received from either the FWCC or the USFWS regarding this Project. 3.8.5.8 OTHER A. For multi-slip docking facilities with ten slips or more, andfor all marina facilities, show how the Project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. B. Include the results of any environmental assessments and/or audits of the property, If applicable, provide a narrative of the cost and measures needed to clean up the site, A Phase I Environmental Site Assessment on the Tree Farm Road RPUD property was conducted by Water Resource Solutions, Inc. The results of this study found no indicators of hazardous substance or petroleum product impacts, A copy of this report is enclosed as Exhibit P. C. For site located in the Big Cypress Area of Critical State Concern - Special Treatment (ACSC-ST) overlay district, show how the Project is consistent with the development standards and regulations establishedfor the ACSC-ST Not applicable, E, Soil sampling or ground water monitoring reports and programs shall be requiredfor sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site, The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable, F. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the Project area, Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site, Correspondence was received from the Florida Department of the State stating that no archaeological or historical sites are known to be present within the Project area. A copy of this correspondence is included as Exhibit N, 20 , Agenda Item No, 88 June 26, 2007 Page 222 of 339 REFERENCES Chafin, Linda G. 2000, Field Guide to The Rare Plants of Florida. Florida Natural Areas Inventory, Tallahassee, Florida. Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System, Procedure No, 550-010-00I.a. Third Edition. Hipes, Dan, Dale R. Jackson, Katy NeSmith, David Printiss, and Karla Brandt. 200 I, Field Guide to the Rare Animals of Florida, Florida Natural Areas Inventory, Tallahassee, Florida, Humphrey, S,R, 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida, Logan, Todd, Andrew C, Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993, Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida, Moler, Paul E, 1992. Rare and Endangered Biota of Florida, Volume III. Amphibians and Reptiles, University Press of Florida, Gainesville, Florida, Rodgers, lA., Jr., Herbert W. Kale, II, and Henry T. Smith. 1996. Rare and Endangered Biota of Florida, Volume V, Birds, University Press of Florida, Gainesville, Florida, Runde, D,E., J,A. Gore, JA, Hovis, M.S, Robson, and P.D, Southall, 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No, 10, Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. 21 Agenda Item No. 8B June 26, 2007 Page 223 of 339 EXHIBIT A RESUMES ) Agenda Item No. 8B June 26, 2007 Page 224 of 339 ELENA MANDIA HOFFMAN Senior Ecologist, Passarella and Associates, Inc. Provides ecological services for private and public development. Services include state, federal, and local permitting; agency negotiations; environmental impact assessments; ecological assessments; listed species surveys, permitting, and relocation; state and federal wetland jurisdictional determinations; wetland mitigation design and permitting; and environmental project management. Education M.S. Environmental Sciences, 1998 Florida Institute of Technology, Melbourne, Florida Masters Project: Evaluation of selected wetland creation sites in east central Florida using the Wetland Rapid Assessment Procedure (WRJ\P) B.S. Renewable Natural Resources, 1994 University of Connecticut, Storrs, Connecticut \ , Representative Projects State and federal permitting and Environmental Assessment (per NEP A) for the 1,396.77"= acre Immokalee Regional Airport. Collier County, Florida. Federal permitting, baseline monitoring of 324.16"= acre Trash Road West Mitigation Site, Environmental Assessment (per NEPA), and mangrove alteration permitting for the 120.6O:J: acre Marco Island Executive Airport. Collier County, Florida. Vegetation mapping, listed species survey, state permlttmg, and Environmental Assessment (per NEPA) for the 29.57"= acre Everglades Airpark. Collier County, Florida. State and federal permitting, wetland jurisdictionals, red-cockaded woodpecker foraging and nesting surveys for the 60.0O:J: acre Collier Regional Medical Center. Collier County, Florida. Listed species survey and Environmental Impact Statement for Rezone approval for the 55.97"= acre Newtown Square low income residential project. Collier County, Florida. I Agenda Item No, 8B June 26, 2007 Page 225 of 339 Vegetation mapping and listed species survey for Development Order approval for the 49.93", acre The Meadows residential project. Lee County, Florida. Baseline mitigation monitoring, Development Order approval, and eagle management plan implementation for 98.94", acre Asbury residential project. Lee County, Florida. Vegetation mapping, listed species survey, and zoning amendment approval for the 21.72"' acre Paradise Shoppes of Estero. Lee County, Florida. Listed species survey and Development Order approval for Phase 2B (286.58", acres), Phase 4 (260.5(}.l, acres), and Phase 5 (205.97", acres) of the Fort Myers Mine No, 2 project. Lee County, Florida. Experience Environmental Scientist, Vannasse Daylor, LLP. Fort Myers, Florida, May 2002 - May 2003. Prepared environmental portion of applications and sufficiency responses for state and federal environmental permitting (i.e., ERP) and local authorizations (i.e., Rezone, Development Order). Conducted protected species surveys, mapped vegetation communities (FLUCCS), delineated state and federal wetlands, and conducted WRAP analysis. Ecologist, WilsonMilJer, Inc. Fort Myers, Florida. Nov 2000 - May 2002. Conducted protected species surveys, mapped vegetation communities (FLUCCS), delineated state and federal wetlands, monitored wetland mitigation areas, and conducted WRAP analysis. Assisted in the preparation of applications for state and federal environmental permitting and local authorizations. Performed preliminary environmental assessments and prepared report for client outlining the potential environmental limitations of a property. Environmental Scientist, MHA Environmental Consulting, Inc. San Mateo, CA. February 1999 - September 2000 Prepared environmental documents to satisfY California and federal regulations (i.e., NEPA) related to environmental impact analysis. Projects ranging from utility development to recreational planning were analyzed for impacts to environmental parameters such as state and 2 J Agenda Item No, 88 June 26, 2007 Page 226 of 339 federally listed species, sensitive habitats (i.e., wetlands), hydrology, geology, and archaeological resources. Conducted baseline field surveys and bioassay tests. Environmental Specialist Intern, St. Johns River Water Management District (SJRWMD), Melbourne, Florida. October 1997 - October 1998 Enforced permit compliance for Environmental Resource Permits. Conducted inspections of wetland mitigation sites and storm water management systems. Wrote compliance letters to permittees and attended meetings. Assisted in developing the 1997 Wetlands Inventory for the SJRWMD. Participated in the baseline documentation of vegetation and hydrology for SJRWMD wetland restoration project. Continuing Education . Wetland Restoration and Creation Conference. Tampa, Florida. 1998 . South Florida Water Management District Environmental Resource Permitting Workshop, SFWMD, Fort Myers, Florida. 2001 . Florida Association of Environmental Professionals, Southwest Chapter, Plant and Wildlife Identification Seminar. Corkscrew Swamp Sanctuary, Collier County, Florida. April 2001. . Hydric Soils Workshop. Fundamentals in Soil Science: with Emphasis on Wetland Soils. Naples, Florida. April 2001. . 15th Annual Environmental Permitting Summer School. Marco Island, Florida. July 2001. July 2004. . Florida Association of Environmental Professionals, Southwest Chapter, Plant Identification Seminar, Lee County, Florida. April 2002. . 16th Annual Environmental Permitting Summer School. Marco Island, Florida. July 2002. . Florida Association of Environmental Professionals, Southwest Chapter, Section 7 of the Endangered Species Act (Interagency Cooperation) Seminar. Florida Gulf Coast University, Lee County, Florida. April 2003. . The Florida Chamber's A Very Special Session on Wetlands Course. Marco Island, Florida. July 2003. . Florida Uniform Mitigation Assessment Method (UMAM) Short Course, University of Florida, Gainesville, Florida, August 2005. 3 Professional Associations Agenda Item I~o. 8B June 26, 2007 Page 227 of 339 Florida Association of Environmental Professionals, Southwest Chapter Board Vice President 2002-2003 Newsletter Editor 2003-2004 Society of Wetland Scientists Southwest Florida Water Resources Conference Committee 4 , Education Experience Continuing Education Professional Associations Agenda Item No, 8B June 26, 2007 Page 228 of 339 ALICIA KRUSE Ecologist, Passarella and Associates, Inc. Provides ecological services for private and public development and road projects. Services include state, federal, and local wetland jurisdictional determinations; environmental construction inspections; environmental impact assessments; ecological assessments; listed species surveys; and wetland monitoring. B.A. Environmental Stndies, 2004 Florida Gulf Coast University, Fort Myers, Florida Environmental Technician, Passarella and Associates, Inc" Fort Myers, Florida, March 2005 - December 2005 Assist with field work and permitting. Prepare maps and equipment for field work. Document nesting behavior of bald eagles in Lee and Collier Counties per u.s. Fish and Wildlife Service monitoring guidelines. Student Assistant, Florida Gulf Coast University Marine Lab, Fort Myers, Florida, September 2003 - August 2004. Experience with various sampling techniques, Knowledge of common lab equipment. Hands-on experience with measuring and recording data. . Richard Chinn's Wetland Delineation, Tampa, Florida, ,September 21-23, 2004 . Growth Management and Environmental Planning, March ,2005 . Gopher Tortoise Relocation, Fort Myers, Florida, May, 2005 . Flora of South Florida, 2005 Florida Association of Environmental Professionals (2004) ) EXHIBIT B AERIAL WITH FLUCFCS AND WETLANDS MAP I Agenda Item No, 88 June 26, 2007 Page 229 of 339 .~ 15 ~'" ci b~1 ~ << ~~ _0 g~r ~I~ ~~~ ." i CO....'" ~~ ~h ~i~ . .. ~i~~ . ~ i ._0('1") .. ~~8 ~.~.; "~" ?C'"l ~~~ ~iH .0: I!!.oo ~t~ I I ,,- QU!!> "'<l':'~ ~ ~. ::;>-~ _ 0 .o~ ~.~ ~g.. ~..; CO .'. ~'t ~~~ ~i~ " ". ~~~ ENg ~uffi ~< "'... o~!l ~~fl!! ~h O~I! :J1i'", ~~. ~~~~ @~~g Q)Q)N ~:i~ ~~~ :!:::C<I) cwo ~~g bffi~ ~"'~~ ;~I~ o~> ",::>", .P h~ !l;!~'5 3~!'! ~~~< .ww ;2J('t\ wW .....,.. ...x:zo w< ~ a:; tL ~ '" 0 ~ <( Q ::> S c.. en ! '" t;; w 0 ,. 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'0 ~ ci~ ci:!i+i ~ fi~ ~~.:1 '" ~~ ~~j ~ E:i: ~;e D~ .,,'.t' Agenda Item No. 88 June 26, 2007 Page 232 of 339 EXHIBIT C FLUCFCS AND WETLANDS MAP !Xl.....'" coO""' 0""' ON_ Z .0 l=i;EiC"? - ""' O)O)N ':':::CQ.) mOO", -0-'>'" C D- O) OJ <C <(z) " 0 ~ 0 ~ " . ~3 . ~ . ~ o. ~:;l S "< 0 z , ." ." ~ ~ ~~ ~.:i ~ ~~ ~~ ~ ,e D~ 5 --' ~ c.. *;;i j~ ~~ ~.:.! 00 I o '" L '" <( LL W W '" r- I ~~~~!~~~~~~t~,~,~,,~C ~g~OG~_.Q._.edO__O~~~ I~ii~~;~;;;;;;;;;;;;~ ~~~~~~~~~~~,~~~,~~~ ~~~GQNQNQN~d.QQ~~N= "-~ ~i~ i~~- ~!, iii~ . .~& -~~ .uS ~"il II! ~~E !~:i ~~ll ~~~ ~li '~~I ~m~! .i80oo~ ~8~~0 i~i!I!~!!!~~m~I.~ "~':!11~~~8!€~!" io~~~~~ww~.~~~.~"l wi~I~~~!f~tw~ltf~~ ~~ ~ ~~~ w~~ w~~w ~~!!I~~=~~~~!~J~!~~~i i~ ~~ :>; , ~; , ~. ~ ~~ ~~ " ~: ". e " , " N' '. H Ne .< "" o' ~~ ;!~ " ~ . N ". '~.'i . :.~ ~. . . . . . . . . . . . . . . . ..' . . . . . . . . . . . . . 0;"" . . . . . . . . . . . . . . ",<r. . . . . . . . . . . . . . , ~~'i : : :: ::: ~~: : : : :: : : :: : : :: : : : . .....~ . . 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" '" '" '" 0 Z <( :i 0 t:; '" ,. :::;; 0 '" Z <( ., "- '" U "" ~ U "" ~ '" ~ 1- ~ '" ~ ~ -.. '" d Ii] ~ ~ ",.s ~...." :::.~ iii \...) t:r) ~ 00-", Cl)o-O; V:l ,,~ ~~~ "tl '" . ~.~ ~ d~8 ~;J. "l "';; "l ~ ," ~ ace O::~. ~ ! ~ 8 0: " 0; !~ a~ t~. I I~n~ 0 > --' " . . 000 m ~~~:! i~ >- . . , '" . ::J m Z , , , <( 0 b151:; I ~~~...,~."..~ -"~"~"".".'~"" ..>-".~ ! Agenda Item No, 86 June 26, 2007 Page 234 of 339 EXHIBIT D QUAD MAP A ~ SCALE: N.T.S. @) - """'--I ......... '-', '.4 ~- - ~ i _.~ .......".. ~.~ -~ f::~~:~~,_:~='=~. 1It-0lb- - ~ - -- --- ~ ~ :-..ol!!!--_ ...:-_ i-;....-4!o-:e.....=- _ ........... ----. I'ti 1...,= --- - ...:;--, --- - ----:J ~'+- ::.;.-. -..".....~ ~~.."'.:.;."'" ~-'-;- ~ _'~-'~~ ..:'!.-~-,-'t'.i ..... .....,.., .....,-"'10,..'..*"_1 ~. .:"'"~":;':"~-=-~ -- .....~.-'..:: :'~.'~1l :11:-1 n .i :\.: I Jt'f=-='="U1!b=-l.. " " r-.I I ...,--...................../. ':, .........--l CT - ~ ;;;.. ~ '--' i - -.' ~~... LOCA]f~ ::- ::~ ..-' _"~ _ :-..-.t"':~::H I.~=,." --"'-_.,.-":;;;'_~ ~ :.::~ - ~ --1_'. ---- ~ -=- ~ "~''''- -~ '"""""-, - - ~:~~ -;--;l,-,.._...:~,,,-~2~~~.~:. ~~~:::.~?::~~~:;._~~ ,*,-,.13 ,- _-,,_,,_\!>- .............u... .. ,.. '~';.1 :~\ '-:~?~~_.~~_:.,~_~~,.".,~_--;::,' \r~~.' _._"'';'i.~~'~- ~_-- -=-~. ; -:::-"",="""",====<".,,,,,,,,, -":!!,--:'!:-......J>.- ...... --.";'" __ :::) 1/ ''0- --- ~ __"J_-'I!!.- _ ~-~ l _ ~ ~:_~~~.;~:j.,' '- ..... ,...~ ',,,,,=" ...",. . , ' +_";'-""'\!it- . ~- ~.. ,"- - ..... ~ -... .--...... !f.....,~ ':;;:.""'". ...... .-'I'!<' .---:-~ ~~~~~=~, _~......... -<l<- ~--- .;:.-...... ..... -.. ===-i.;;"",= ,/-- - 'iii==;c~ @) @o ~o=._ - ~.!.J_____~~____ NOTE: QUAD SHEET SCANNED FROM CORKSCREW SW AND BELLE MEADE NW USGS QUAD SHEETS PHOTOREVISEO 1987. EXHIBIT D. QUAD TREE MAP FARM ROAD RPUD J Agenda Item No, 88 June 26,2007 o v , , I I I , I , , I I I I I , I T I i r '-~--"':';;'~ ~-!:!r-- .... .. ~- ... ~ 25 -...--.-........ , , , . II II II II . Ii II II , ~ 5 ~ ~ ~ ~J ~~i 'lW ..., 't-J .-:"~ Xl4 ~:.,..... '!I6' - ~- 1t' '....,;; ~ =:=-11 _~__J __L____~L~__J ! i ..J PASSARELLA and Consulting DRAWN BY: J.I, ASSOCIATES. Ecologists DATE: 6/24/05 INC. Agenda Item No, 88 June 26, 2007 Page 236 of 339 EXHffiIT E SOILS MAP Agenda Item No, 88 June 26, 2007 p Ol:fC Z~i u; ~J=, Soil Unit Description 2 HOLOPAW FINE SAND, LIMESTONE SUBSTRATUM 16 OLDSMAR FINE SAND 16 RIVIERA FINE SAND, LIMESTONE SUBSTAAnJM Status NOTE: HYDRIC NON-HYDRIC HYDRIC SOILS MAP SCANNED FROM NRCS COLLIER COUNTY SOIL SURVEY. EXHIBIT E. SOILS MAP TREE FARM ROAD RPUD PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: J.I. DATE: 6/24/05 . Agenda Item No, 88 June 26, 2007 Page 238 of 339 EXHIBIT F PROPOSED DRAINAGE PLAN COr--Ol 0 COOM .< .0 ,0 ,OM ,"" ON~ ~'I? d 5~~ Z .0 '0. ~E~ ~~~ ,-~O) ~~~ ",<<0 .o~ ~3~~ !!,g~ . '~~ c M ~,~ ~ ruN -. . li:15&:~ ~... ,. c OJ UN ",. m:O g~~fi C>~'" 0) tiia~ffi ~~~ u-o m ~>-",.... :i:~o~ ~~~~ "~~ c n. ~~ OJ ~~~~ ~i:..g -~, 0) . ~~~~ ~>-;!;Q ~"'~ <{ . ~Q~'" <<> .. ~ U~!5~ "'~:s~ ..0 ,.< -)..';1M 3l9\13N3l9- ~~ ;~ ~~ ~ ... i ~ j ~. ~ I , 0 ::J z 0.. ~ '" ~ " w < ~ ~ 0 z '" ~ :::; c '" c < w ~ "- 0 ~ w c w ~ '" ~ .... ...J - ~ '" 0.. 0; '" ..... '" ~i 0 j: &l " '" ",oS h ...."- -<<: '" - t; ,'" ~ "'. Cl ~~ V) 0 V) ~'t -<<: r;; "tl "'. ~ ~'t ,'" ~ , tl ....(] ~ ~ ;! . ~ l '" .. <j " '. 8 tl: ~ . -<<: '" .!l ~ V) 8 V) Q; ~ 0; I o 0:: ~ '" <l: u... w w '" f- I I o > ...J CD >- '" :::J CD z <l: o I hH.!:. I~n~ . . . 000 i~ie ie e e e , , I 'I.' ~ ;]1::; -<::t(2) I ~~~ 1s~~ "~_ ...~" ,_..w ,~"'~" u~.. .."._... .....~ .._" ,~~ r Agenda Item No. 8B June 26, 2007 Page 240 of 339 EXHIBIT G SITE PLAN aH- Ol roOM I OM ON_ Z ,0 0 Cs;J ~ EN:;: ~ . OlOl'" ~ :::::cQ) ",::lo> ~ """',,, c t.L ~ Ol ~ 0> . <( . ~ 0 z -<Cz) j I j i CI ::l "- 0: CI <( Z 0 :l 0: ~ '" w ~ 0: in <( u. w W 0: .... -A'rJM 319'rJ3N319- ~<I 'c ;1 ~~ -' , "- '" 0; " " d ." V:J" ;<1 '" ~ ~_o; '<<:'" . !-...j'~ (Ij (.) "," Qo:l, ~~ V:J 0'" V:J~t: '<<: rZ ~ "'. ~.~ E !j~8 ,<<:";j. >-..::l CI) ~ '-1 ~ '" ~8O; ~ ~ '<<: . V:J ::: V:J <3 0: ~ 0; ~ '-., , 10 a .~ 0 , . . ( '" ! I 0 I~l~l~ L > -' '" aJ . . . <( . . . LL r ~~i~ K~ '" w OJ . . . W aJ '" Z I- <( , 0 , ,Ii ,Iii , 1~1:i1:j , I ..~_ _.~"~ .,"~,.~, ,"U "~R~' .." _..~.... "R J EXHIBIT H OFF-SITE PRESERVE INTERFACE EXHIBIT \ Agenda Item No. 8B June 26, 2007 Page 242 of 339 a:H- Q) 000'" ,0'" ON_ Z<dO EN~ QJQJN - ~ --QJ ",:J", "0-'", a3 0... '" <( " . ~ '" w:::~ . . 0 ~~ L L ~ ~. ;; -- ~~ ~a ~~ ~I []~~> , % ~, ,~ "' '0 0' .. %~ gf,g ,.0 oz" ro ..J1:l.::j ~l\!ffi h> .,0 '.z ~o ~: ~~~ ~g~ ~lt~ .u z, :J1i'.. E]~n bQ~ ~~3 .~ ~~~ 2~!; ::l1:lb: .jo Cui:> ~"';;; i~lt .., ~ci E]ll; .0. ~~:;; ~8 !;; . ~~ ~g~ .." ~~~ ~~~~ i~~~ 2r:~~ 5,.::!.... .,:~~ ~"'~a ll:oifij ~ffill!!o: ....CO ....~~ ~j5 ~i;,g I u, ~i~ I :i>-~ ~~~ li;~~ !;;.. 0'> ~~~ 0.' " " i i o . 8 I .15 i ~ iii Cl ;; :J x 0.. w '" w U Cl ;1 '" ~ ~ ~ '" ~ '" ~ '" w L- ::J ~ w ~ w w '" ~ ..... ~ ~ o '" ;; '" '" " '" '" 8 ~ ;; r Agenda Item No, 88 June 26, 2007 Page 244 of 339 - EXHIBIT I PROJECT LOCATION WITH LAND USE DESIGNATIONS ~ . ij , w ~ < ~ ~ I ~ i 0 ~ w ~ - m ~ ffi ~ ~ ~ ffi 9 ~ ~ ~ ~ ~ ! ~ ~ ~~~~ ~~n ~ ~~ ~~41= Cl ~~~ ~ i: ~5 S?w~.:t ~~<{ w ~ ~i: 11:& i;;(Clz~;2ii:iQ;:::~~ '-" Uz ~w i::~1::l~lcizz ~ Z ffi5 .. ~ ~ ~ I ~ ~ @ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i~j~.i~liiii.i~I.!oo M w ~ N ol U i !' !" I II I!! !1 IiI jOii ~.. ~ i~ llHr! m 01 I I l" ,. 8 > ,~i ~ ~~ ~,l 8'1 @ 8~ ad !!i CIl III j ...: :5 z ~ ~ o ~ o I ! i i . , e . . ~ "' z o C ~ :::l is Il. iii IX: i!j C Iii <C " o ~ IX: :l J: ::iE ~ IX: z ~ ~ w" w g IX: ... I- iJ ~ o '" 0. ~ 11 ~ ~ ;;; M M ~ .e!~ .~ ~ ~-"" CI) .m ctl "0 o CI) CI) 'tLu~ "0 tl)u r- .S: ~ ""'- .:!::::: "0 ctl ;:'''- CIl 1\ ~c::S' -.-08 @ () a ct:s 0: CI) CI) ~ 1i ~ ~ ~3 ," ~ ii' 9 -" , ~ 8 " < . 5 " ~ ~ o 0 !~ !~ Oi OJ I p~ IW .i;....: .-; Agenda Item No. 88 June 26, 2007 Page 246 of 339 , I } EXHIBIT J NATIVE VEGETATION MAP fllr-rn coO""' ,0""' ON_ Z .0 '" EN~ Q)Q)N .:t:'CQ) "'::>OJ "0-">'" C (L Q) OJ <C ! <CZ) i_ . ~ ~ +ttltltltltlt!tltltltl+t ;/.:i.:i.~:i.:i.:i:l:i.:i.:i.:i.:i. l:i~~~~~1Q~1Q~l:ii~i! ~ONO"'ON"'''tOO'''''t " e E ~ ~~ w" > , w< >. ;::-0: <0 zo z ~~~ ~Iii. ZCI! ~ z ~ ~ te +! +! ~~m~~ ~o~llflf/ teD.o~ +1+1+1 ii.:i.:i. ~,~ 00' ., " ., " ., :i.:i. :i.:i. , < ~~ ~~ ~ ..:.0 ~ z o " ~- w" ~~ ;::N 2l~ +ttlt1+ltltltlt! :i.:i.:i.:i.:i.:i:i.~ [8~\il<D~;!l8~ d"'; chI' 0 0<'1 ~ f991~ ~8 Rl3wwt:! 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Agenda Item No. 8B June 26, 2007 Page 248 of 339 EXHIBIT K LISTED SPECIES SURVEY Agenda Item No. 8B June 26, 2007 Page 249 of 339 TREE FARM ROAD RPUD LISTED PLANT AND WILDLIFE SPECIES SURVEY INTRODUCTION AND METHODOLOGY A listed plant and wildlife species survey was conducted on February 8, 2005; May 18,2005; June 14, 16, and 17, 2005; July 26, 2005; and September 13,2005 to determine whether the site was being utilized by state or federal listed species, The listed wildlife species survey included, but was not limited to, red-cockaded woodpecker (Picoides borealis), Southeastern American kestrel (Falco sparverius paulus), bald eagle (Haliaeelus leucocephalus), wood stork (Mycleria americana), gopher tortoise (Gopherus polyphemus) and their commensals such as the Eastern Indigo snake (Drymarchon corais couperi), gopher frog (Rana areolala), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanusfloridanus), and Florida panther (Felis concolor coryi) (FGFWFC 1997). The listed plant species survey included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida, The 55,79010 acre tract was surveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC) and V,S, Fish and Wildlife Service (VSFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and VSFWS as endangered, threatened, or commercially exploited, The survey was conducted by qualified ecologists walking meandering transects through all suitable habitats to ensure that sufficient visual coverage of ground and flora was obtained, Transects were spaced from 50 to 100 feet apart, depending on habitat. Habitats were inspected for listed plant and wildlife species, At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations, A review was conducted of the FWCC's database for bald eagle nest locations, red-cockaded woodpecker cavity tree locations, and Florida black bear and Florida panther telemetry points within the vicinity of the Project site. The FWCC database has no documented bald eagle nests within a four mile radius ofthe Project site, No red-cockaded woodpecker cavity trees, black bear telemetry points, or panther telemetry points were documented on the Project site. The FWCC's database has no record of bald eagle nests on the vicinity of the site, However, a bald eagle nest was recently discovered. The nest is approximately 3,750 feet east of the site, The nearest documented red-cockaded woodpecker cavity trees are approximately four miles northwest of the Project site, Two telemetry points for Texas Cat No, 101 was documented approximately one mile to the north and northeast of the site in June 1995, The nearest documented black bear telemetry point is approximately three miles to the southeast of the site, The subject parcel does not occur within either Priority 1 or Priority 2 panther habitat per the Florida Panther Habitat Preservation Plan (Logan el al, 1993). The site appears to be adjacent to and just outside of the panther secondary zone and approximately one mile south of the panther primary zone, identified by the Florida Panther Subteam ofMERlT. The property is located within the V,S, Army K-1 r Agenda Item No, 88 June 26, 2007 Page 250 of 339 Corps of Engineers (COE) consultation area for the Florida panther as indicated in the COE Environmental Impact Statement permit review criteria for Florida panther. SURVEY RESULTS No listed wildlife species were observed during the listed species surveyor during vegetation mapping or wetland flagging, K-2 Agenda Item No, 8B June 26, 2007 Page 251 of 339 REFERENCES Florida Game and Fresh Water Fish Commission. 1997, Florida's Endangered Species, Threatened Species and Species of Special Concern. Official Lists, Bureau of Non-Game Wildlife, Division of Wildlife. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. Logan, Todd, Andrew C. Eller, Jr" Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U,S, Fish and Wildlife Service; Gainesville, Florida, Runde, D,E" J.A. Gore, J.A. Hovis, M,S. Robson, and P.D, Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No, 10, Florida Game and Fresh Water Fish Commission, Tallahassee, Florida, K-3 , ~~~S~~~~~;~~~~5~~$;~i E - i . '" ;i]ii~i]i]]ii;;iii~~ . , ,; 1 ~ ! ~ alt-O> , ~i~~~~~~~~~t~~~i~~~ :;~~ I -0'" ~~~~o~ ~o~~d~dO~~N~ .~ i i -=>'" . ~ .'. we . !$i~~ 'J_ - .s ~ 0 ~ ~~~ -- . '.' _ 0 w ~~ '" ! I ~ . ~ .~, EN~ F N ~!~~ ;3 !;~~ ~ 0 ~.i liE . ew ~ . ~..~ Cl.>CI.>N ~ w ~t -- pi g ~w ~ ~ffi~ :::::c: Q) ~ I.I~ I~I Iii t ii ~ ~~ ~ ",:JO) . . u ~~~ ",-'co i I ~ I , g '0 . ~~ c D.. . ~~I Is ~it li~1 ~ w w, ~ ~ ~li!t i g ~. ffi CI.> . ~ g. ~ . .zz Cl j:> Ol . !~I l'ill~~!B~S ~ ~ ,WW ::> wO . ~:a <( WW 0- I;;Z D~* !' ~! ~ ".I~o '" ,.2 ~ . W 11 'BS' ~ , 0'" ilm!i'I~~~~~I~ ~il Cl zg .. "'~ 0 ~~ '" uw ~I . ww' w" w'" ~- '" UU ~~~-~~~~~!m~I~Wm~~ ~w _ ~ '" Kl ............ Ii! ~"' '" ~. .. ~~ ... ,"0 ~w '" it=i '" ~::i '" "0 I- .z ':I'" . '" ~ 8 g '" Agenda Item No. 8B June 26, 2007 Page 253 of 339 EXHIBIT L WETLAND IMPACT MAP cor-en ,_OM -:oM ,,- .0 '<.0 EN~ "''''N :=:: c:: <ll ",::>", "0-;", C; Cl. '" OJ <( <(z) +l +1 tl +l tI tl UUU g...... ... d .. d a ~ 5! I " I i ffi . ~+! L i" n ~. ~ . I:~ ~:i ~~ ~ ~~ ~~ ~~ ~~ ~:; .. oS " D~~~~ ~ ~ :i ll! ~ II n ~ ~ ~ ~ i n~ .. l-! +I Ii +1 :i:i:i:i:i Iii III i! ~ III ... d d '" .,; tl "'Sl1llt:!.... U~iu~~ ~! .h ~~~ t;;~g ~~f ~~:a ~~~ '06; ~~~ ...J" 15 Z ",-'-...J -)""IM 3l~"I3N3l~- .~~. .;:l.... "'; j! ~~ .. <>~ , i ~ :;;</ lj'" ;~ t'" I o a::: 1: a::: <( u.. w w a::: l- I "L ~~~ /;1"5+ o. '0. ~; . ill: + o. ~~. ~~. ~~ e. , o .~ we ' ~ji: ~<- .3~ 00_ !ij<IJiii ~~~ ffi"-3 ;~~ bffi~ ~e~ w~ ~.~ .~ g. ~~~ w. " 3i~\!i ~~~. ;~"".' ~;ret; ~~~g ffi:~~ ~"'~~ Q.~<>Q d ~~; ~~~8 ~~lE~ ~~~:; ~3ffi~ 8z~'" ;ti'~g >>-i" ~~~~ t;d ."" ~~g "0" I::!>-~ U~ !~~ ~m~ ,,~>- h~ ~Ill~ 00' t o > -' m >- a::: :::> m Z <( o I "---~ .... -'''_.-. ,_.."~,_.._~ ~ i i j ~ j ~ I I c ::> "- '" ~ '" c '" <( ~ 0 ~ '" ~ ;! '" c '" z <( j u.. ~ ~ L.J .. L.J '" "" '" ~ ~ "-< '" o ~ ! E-..t1r;: ~.~ . (:) tl) ~ 00"' li)o~ V:J~~ ...: r:: "tl tl) . ~,n lj~(3 ...:;l. ""l '" 1! ""l ~ '. ~oce ~u. ~ ~ V:J <3 Q; g 0; hi ,~ o '" i Fn; . . . .0. s?g~i~ .... . . . . . ,.,.' I~ ~51::; I EXHIBIT M UPLANDIWETLAND PRESERVE MAP , Agenda Item No. 88 June 26, 2007 Page 255 of 339 ;:: 2 i ! .. ~ I 0 i ale-a> "! -0"" ~~~ "''''' ~~" 'oJ_ .~ SO . . 0 ~~ ~i="" ~. ~;;~ '0 -<.0 . . ~~f ~!ll:J: ~~e EN~ . " ~i~ u;~j:::: ~.o L U~. -~~. '.~ "''''N L . ~~! .>~ 0- ~g~ illl...S ::::CQ.l 0' . , A;g;~~ ~;~ ","'" ~ ~; ., !i!~ '6- l5"'~ C(ffi~ ~~ "<~ ~~~t ~i~~ o.~ -0""'" :; ,~ j' ~-J~ ;t~~ >.~ ~~o C [1. ~" .. ~. ~i3 .~,~ ~2i~~ '" ~~~ oz:"".... ~~~ " ' ~c~~ ~i:~~ Ol DB1:1~ ;; ~~~ :i:!i ~~~ <( OW~ ~oi.iD >>-i:il \; ...J"g 3~j;! " .~ ~~.~ .ww flt'J!i~ ~:5;g wO , "-.......J .0" ,., <t(z) ! ~ - ^ '1M 31~'tJ3N31~- '" ~ ~ ::> " Q. w '" > ~ '" w ~ ... w 0 ~ '" ~ c '" z '" ~ ~ ... w ... ~ "'- w c W z '" :l .... ~ ~ i~ ;~ ~a! . ~ ~ ~ .... " d f2 ~ h~r.;: -":"'. .... ,'"' ~ t.l to). 00;" V)O~ V:l~t: -.,: .:: "l:l to) . ~$~ 0'"1-:>8 -.,:;:l. '-1 "'" '-1 ~ '. C:r:l 0 sf: o,:t.l. -.,: g> V:l '" V:l 8 0; g '" I hHI:. Cl '!i , Fn~ 0:: Cl ~w > :E ~ -' . . . 0:: 000 <( !D ~'?~~i~ "- >- W 0:: :;:) W en 0:: z f- <( . . I 1"1" Cl ~ :~~ , I .~_ .__.~~..~.,," ~.~ ,._..~.L ._...._.._....._ '~~'- Agenda Item No, 88 June 26, 2007 Page 257 of 339 EXHIBIT N CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE T Agenda Item No. 88 June 26, 2007 Page 258 of 339 RECEIVED SEP 2 6 2005 FLORIDA DEP ARTMENI OF SI A IE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES r ",,::;ARELLA AND '<;~OCIATES, INC, Ms. Alicia Kruse Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 Re: DHR No. 2005-8654 / Received by DHR: August 13, 2005 Project: 45-acre Tree Farm Road Parcek Passarella and Associates, Inc. Project No. 05ARMI271 Collier County September 21, 2005 Dear Ms. Kruse: Our office received and reviewed the above referenced project in accordance with Collier County's local ordinance / land development code, and with Chapter 267, Florida Statutes, for assessment of possible adverse impact to cultural resources (any prehistoric or historic district, site, building, structure, or object) listed, or eligible for listing, in the National Register of Historic Places (NRHP), or otherwise of historical, architectural or archaeological value. Our review of the Florida Master Site File indicates that no significant archaeological or historical resources are recorded within the project area. Furthermore, because of the location and/or nature of the project it is unlikely that any such sites will be affected. However, in the event that fortuitous finds, prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, or other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project area, the permitted activity should cease and all activities involving subsurface disturbance in the immediate vicinity of such discoveries, The applicant should contact the appropriate permitting agency office, If there are any questions concerning our comments or recommendations, please contact Beth Chambless, Historic Sites Specialist, by phone at (850) 245-6333, or by electronic mail at eichamblessfaldos.state,fl.us. We appreciate your continued interest in protecting Florida's historic properties, Sincerely, y?~"V- i. ~.~~~w~ v ~61.. Frederick Gaske, Director and U State Historic Preservation Office 500 S. Bronough Street. Tallahassee, FL 32399-0250 . http://www.f1heritage.com ['] Directors Office (850) 24s.<;300 . FAX 245-M36 [] Archaeological Research (850) 245-6444 . FAX, 245-6436 III Historic Presenration (850) 245-6333 . PAX, 245-6437 LJ Historical Museums (850) 245-6400 . FAX; 245-6433 CI Southeast Regional Office (954) 467-4990' FAX 467-4991 o Northeast Regional Office (904) 825.5045 . FAX, 825-5044 [] Central Florida Regional Office (813) 272-3843 . FAX, 272-2340 , Agenda Item No, 88 June 26. 2007 Page 259 of 339 EXHIBIT 0 UMAM ANALYSIS CCl,,-m ......00("') 0'" ,,~ _ 0 '-0 SNg Q)Q)CN ::::cb m"rn -oJro " 0- OJ rn <( 4- o 0 0 0 0 0 t"- '" '" '" '" - 6 0 0 0 0 " <J ... " ~ .... " Q 0 0 0 0 0 P: 0 0 c: 0 0 0.; t"- <n '" <n e ... " 1"0. " " ... ,... 0 0 0 0 0 " c: c: c: c: 0 ... t"- '" '" <n ,0 <J .0: -H If) .... ... oS 0 0 0 0 0 0 c: 0 0 c: '" ,0 <n .,. ..,: t"- " ... Q <J trJ .. <n U 0 e N '" N '" .5 N .S; "" "" "" "" "" C/l-a - 0- 0- 0- 0- 0- <J B_ e .,. .,. .,. .,. .,. ,~ N N N N N = '" '" '" '" '" u 1"0. 0 ~ :8 ~ <<: .0: " t"- o :8 oj N .!!! ~ ;:l 0; "i ';> '";' - .... N ..J- oj <<: '" ~ <n " ~ oj 0 :0 0.. "" " ,... EXHIBIT P PHASE I ENVIRONMENTAL SITE ASSESSMENT r Agenda Item No. 88 June 26, 2007 Page 261 of 339 ] ] J II i ') \ I I I I !OlIlSlREEFARM Agenda Item No, 86 June 26, 2007 Page 262 of 339 PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT FOR THE 55 ACRE TREE FARM ROAD PARCEL NAPLES, COLLIER COUNTY, FLORIDA Ms. Cindy Rush Elias Brothers Communities 15100 Collier Boulevard Naples, Florida 34119 September, 2005 Prepared By: Water Resource Solutions, Inc. 428 Pine Island Road S.W Cape Coral, Florida 33991 PROJECT NUMBER 01-05088.E1 WaIBr.R_SOIution5./nc. Agenda Item No. 88 June 26, 2007 n"'Fd~t L00 vi J321 I I I water Resource Solutions 428 Pine Island Road SW . Cape Coral, Florida 33991 239574-1919 Fax; 239 574-8106 September 6, 2005 Ms, Cindy Rush Elias Brothers Communities 15100 Collier Boulevard Naples, Florida 34119 Subject: 55 Acre Tree Farm Road Parcel Naples, Collier County, Florida Water Resource Solutions Project #01-D5088.E1 Dear Ms. Rush: I I In accordance with our agreement dated August 26, 2005, Water Resource Solutions, Inc. has performed a Phase I Environmental Site Assessment (ESA) on the subject site. This report is to cover the entire 55 Acre PUD Properties. Analysis includes all individual properties that comprise the development. The subject site is located approximately one half mile east of Collier Boulevard at the end of Tree Farm Road in Collier County. The site, consisting of approximately 55 acres of land, is occupied by Green Heron Landscapes, the Naples Riding Academy, and three single family residences. Observations noted during the off-site survey indicated that properties adjacent to the site were undeveloped land (north), the Vanderbilt Country Club (east and south), and vacant land (west). Water Resource Solutions did not observe on-site or off-site indicators of hazardous substance or petroleum product impacts during the site inspection, Please call me at 574-1919 Ex!. 106 if you have any questions. s~ Do Id W. Mayne, CFEA Project Manager Environmental Site Assessments dwm 0506&TREEFARM WaI8rResoun:eSolutions,lnc. . Agenda Item No. 88 June 26, 2007 Page 264 of 339 TABLE OF CONTENTS 1.0 SUMMARy................................,.,...... ... -. 1 2.0 . INTRODUCTION .............................,........... 2 2.1 Purpose . , . . , . . . . . . . . . . , . . . . , . . . . . . . . . . . . . . . . . . . . .. 2 2.2 Special Terms and Conditions. . . . . . . . . . . . . . , . .. . . . . . . .. 3 2.3 Limitations and Exceptions of Assessment . . . . . . . . . . . . . . : . . . . . , . . . . . . . . . . . . . . . . . .. 3 2.4 Limiting Conditions and Methodology . . . . . . . . . . . . . . . . . . .. 3 3.0 SITE DESCRIPTION AND RECONNAISSANCE INFORMATION. . .. 4 3.1 Location and Legal Description . . . . . . . . . . . . . . . . . . . . . . . .. 4 3.2 Site and Vicinity Characteristics ..........,.......,..... 4 3.3' Descriptions of Structures, Roads, and Other Improvements to Site. . . . . . . . , . . . . . . . . . . , . . . . . . .. 4 3.4 Exterior and Interior Observations, . . . . . . . . . . . . . . . . . . . . ,. 7 3.5 Information Reported from InterViews .,......,........... 7 3.6 Current Uses.ofthe Property. .. .. . . . . . . . . .. . . . . . . . . . . .. 7 3.7 Past Uses of the Property. . . .. . . . .. . . . . . .. ... . .. . . . . .. 7 3.8 Uses of Adjoining Properties . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 3.9 Indications of Polychlorinated Biphenyls (PCBs) ........... 8 3.10 Indications of Waste Disposal . . . . . . . . . . . . . . , . . . . . . . . . .. 8 3.11 Physical Setting Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 4.0 ENVIRONMENTAL RECORDS REViEW.,.................... 10 4.1 Standard Environmental Record Sources and Review ... . . . . . . . . . . . . . . . . . . . , . . . . . . , .. 10 4.2 Physical Setting Sources. . . . , . . . . . . . . . . . . . . . . . . . . . . .. 11 4.3 Review of Historical Sources. . . . . . . . . . . . . . . . , . . . . . . . .. 13 4.3.1 Review of Aerial Photographs. . . . . . . . . . . . . . . . . . .. 13 4,3.2 Review of Sanborn Fire Insurance Maps ........... 14 4,3.3 Review of Chain of Title ........................ 14 4.3.4 Review of City Directories. . . . . . . . . . . . . . . . . . . . . .. 14 5.0 FINDINGS AND CONCLUSIONS .................,......... 15 6.0 REFERENCES . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . ..' . . ,. 16 7.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONAL. . . . . . . . .. 17 FIGURE 1. Site Vicinity Map ............................................ 5 APPENDICES A. Photographs B. Parcel Sketch and Aerial Photograph C. Regulatory Agency Search Report D. Resumes of Participating Professionals .....TREEFARM Water Resouf= SoMion$, lrw;. Agenda Item No. 88 June 26, 2007 Page 265 of 339 1.0 SUMMARY The subject site is located approximately one half mile east of Collier Boulevard and approximately one mile south of Immokalee Road in Collier County" The site consists of approximately 55 acres of land developed with a landscape nursery, horse stable, three single family residences, and two former garage structures. This report is to cover the entire 55 Acre PUD Properties" Analysis includes all individual properties that comprise the development. Based on the site historical investigation, the nursery was developed in the middle 1990's and the northern residence and two former garage structures in about 2000. The central parcel has been occupied by a residence since the late 1970's. The southern stable and residence were constructed in 1.989. Government agency listings indicated no uses on the site or adjacent properties that used, stored, or generated hazardous substances or petroleum products. Observations noted during the off-site survey indicated that properties adjacent to the site were undeveloped land (north), the Vanderbilt Country Club (east and south), and vacant land (west). Water Resource Solutions did not observe on-site or off-site indicators of hazardous substance or petroleum product impacts during the site inspection. OS084TREEFARM 1 Wll,t<< R.eHlUfl::e Solutions, !nc. . Agenda Item No, 86 June 26, 2007 Page 266 of 339 2.0 INTRODUCTION This report presents the results of a Phase I Environmental Site Assessment (ESA) of the subject site, performed for Elias Brothers Communities (the client) during the period of August 26, 2005 through September 7, 2005. The services performed included limited historical research, a review of specified listings, and a site reconnaissance" Photographs taken during the site reconnaissance and referenced throughout this report are provided in Appendix A. 2.1 Purpose The purpose of the ESA is to estimate the potential, as of the latest site visit and records review, for hazardous substances and petroleum products to exist at the site at levels likely to warrant mitigation pursuant to current local, state, and federal regulations, Estimates and professional opinions of this potential are based upon information derived from the site reconnaissance and from other activities described herein. The most recent site reconnaissance was performed on August 31, 2005. The client is advised that the conditions observed by Water Resource Solutions are subject to change. Indicators of the presence of hazardous substances and petroleum products that were not present or observable at the time of the most recent site reconnaissance may subsequently have become present or observable. The client is the only intended beneficiary of this report because the client is the only party which has been involved in the shaping of the scope of services needed to satisfactorily manage those risks from the client's point of view. With the consent of the client, Water Resource Solutions is available to work with other parties in developing probability estimates given other pa,rties' unique risk management concerns. The scope of work was determined based on the services agreed to by the client at the time the project was initiated. Il5ll88TREEFARM 2 w., R.soulee SoIutions-.m. Agenda item I~o. 88 June 26, 2007 Page 267 of 339 The guidelines used to define "hazardous substances" and "petroleum products" were obtained from the American Society for Testing and Materials (ASTM) Standard of Practice E 1527. For the purposes of this report, the "vicinity" of the site is defined as properties located within an approximate one quarter-mile radius of the site. 2.2 Special Terms and Conditions The client has requested that an ESA be performed prior to the transaction of the subject property. 2.3 Limitations and Exceptions of Assessment This ESA does not include a radon survey, Chain-of-Tille review, a wetlands delineation, or a lead paint survey. This ESA report is based on information obtained from a variety of usually reliable sources enumerated herein. Water Resource Solutions cannot and does not guarantee the authenticity or reliability of the information it has received from outside sources. This report is not a comprehensive site characterization and should not be construed as such" This report presents opinions which are based on the findings of observable on-site and oft- site conditions, a review of specified regulatory records and historical sources, and comments made by interviewees. ESA's, by their nature, are limited. Water Resource Solutions has endeavored to meet the applicable standard of care and, in so doing, is advising the client of ESA limitations. Water Resource Solutions believes this information is essential to help the client identify and manage risks. These risks can be reduced but cannot be completely eliminated through additional research. Water Resource Solutions will, on request, advise the client of the additional research opportunities available, their impact on risk, and their cost. 2.4 Limiting Conditions and Methodology This ESA was not limited by legal or physical access. The site was walked and visually observed. OS088TREEFARM 3 W;IIlet ROSOUfC:e ~utioM, Inc:. . Agenda Item No. 88 June 26, 2007 Page 268 of 339 3.0 SITE DESCRIPTION 3.1 Location and Legal Description The site location is illustrated on the Site Vicinity Map presented as Figure 1 on the following page. A legal description of the site and an aerial photograph provided by the client are provided in Appendix B. 3.2 Site and Vicinity Characteristics The site is located in a residential area of Collier County. Developments within a half mile of the site consist of multi-family and single family residential buildings, golf courses, and plant nurseries" 3.3. Description of Structures, Roads, and Other Improvements to Site The northwestern corner of the site consists of undeveloped natural woodlands (Photo 1 and 2). An over grown vehicle trail meanders through a portion of this section of the site. A few piles of mulch and tree limbs from landscaping appeared to be dumped in this area (Photo 3). A small area of solid waste including discarded carpet, a few garbage bags, and miscellaneous household debris, was observed in the northwest corner of the site (Photo 4). No soil stains, stressed vegetation, unnatural odors or any other evidence of hazardous substances or petroleum product contamination was observed. The north central portion of the site is occupied by Green Heron Landscapes" Mr. John Borland, General Manager, was interviewed during the site inspection. Green Heron has occupied this parcel since the middle 1990's. This parcel is occupied by an office trailer and maintenance building (Photos 5 and 6). The maintenance building is used to store landscaping equipment and perform maintenance on the equipment. No vehicle servicing is conducted within this building. Equipment parts within the maintenance building 05086TREEFARM 4 WaterRIISOllrCeSOlulioo5,1nC. mr--:-C>l cooM .OM ONq' "7 ' -CD ENg Q)(l)c;J "'3d! is"J W c tL (lJ Ol <( ~ ;, . .~~-f " ."\~-;,;.l: ~ ~. - - ~ ~ ; -=;;':c:=',,...,, .,.-;. ";:'~..;,..."'.:"A" ~.- - .,. ,"oJ I ............ ;~~r..?~ I 1 i 1,. ~ ,..-" ~ ~. ~ 22 : - . --- ~~~~+... ' \;--: ./.;:::~ ~'~~~,;' .. - ....- ~ :".~ @l! ; , :/ , , , , , ~ ~ i .' .. :". ;-"'-"""'---'~.... -- - - ="'.~'~ ~:.... -..... \ ....- I. .~:" .', ... ~....... - - 0- M.;ROADtI'!AR.ceL . ". ".... -...- , - . ; ',~"''''''- '---. 4.''-"' '.'Ii"'.. ".. 'I' j:- - ~f - ~.". .~[ ~~~~~~ff~(~~~ 25 L-"~EFtF. f -,:;-. .1- -. ....---... " , " '- I ~ 1 "4':... ,__ 11-=--~-::--~ ~:- - -~ -: .~ ."""- .::-... -........ ...'.... - .......::.-_t "''..:...'" -- ---- ......'_' .-:-::..::: 4.- .:;;::......._,-.- ...._--:-........ . ~:..~ ~:--.<> -' UIr. --- ,;;....--. --~ .'_~-""":-:1!-__. --' -'" - ... ......- -~~ t~ --::;. - '" " ..'~. , < " ""~......-....... }' ! ~-'';''~ - -- ..... ''':'' _. .... ',::::::;-', ... ': \ I 'i ,-.~-.-,=~: ..... "ir-\ ----.-. ' ~ Ji. '--,-::: ",' ;;,-. _~"4_ t - -" .--. ....-._-:.;. : ,--~li- : ~ - . ~6' - K,I-t . r' .... ,...........~ ! -. ".,I i """...'\: ,;r- @ 3 @I -.... 5 -. ---, I I'" I : '-~"==-,'" ":~j i' '.,' i.~r' -'-4.": ,J ~ 2 I l I ,I' J----; 7.11. SrM:: I: 25M' a.w: D-f 0.- W(;Sf Water Resource Solutions PROJECT NAME:55 N:re Tree Farm Road Parcel PROJECT NUMBER: 01-05088.E1 DWG, NUMBER: DAlE: 91612005 Figure 1. Site VICinity Map r Agenda Item No, 8B June 26, 2007 Page 270 of 339 i' are cleaned using a Safety Kleen solvent basin. No floor drains were observed within the maintenance building, Two 1,000 gallon diesel tanks and one 250 gallon waste oil tank are in sheltered containment east of the maintenance building (Photo 7). The fueling area north of the containment facility is paved with concrete. The waste oil tank is serviced by EMC Oil Recovery. One 6" diameter well is used to provide irrigation water to the site, The remainder of this parcel is used to grow and store plants used in the nursery business. The northeast portion of the site is occupied by a residence, two manmade ponds, and two former garage foundations (Photos 8 and 9). The former garage buildings appear to have recently been removed. Eight abandoned vehicles, three boats, five auto engines, a water tank, mobile spray rig, wooden pallets, wood pilings, and other wood and metal debris were observed proximal to these two foundations (Photo 10, 11, and 12). Two self contained solvent basins for equipment washing were observed in this area. No stains were observed by these basins. An unsheltered fuel containment with a 500 gallon diesel aboveground storage tank and one 275 gallon waste oil tank is south of the building foundations (Photo 13). No stains were observed proximal to this fuel containment area, Approximately 4 inches of water were observed in the containment area, No sheen was observed in this water, The central parcel is occupied by a single family residence, an abandoned pole barn, and a horse barn (Photo 14). .The eastern portion of this parcel is undeveloped forest. The southern parcel is occupied by the Naples Riding Academy" A horse stable and riding area are in the western portion of this parcel (Photo 15). Ms. Kitty Stock, stable owner, was interviewed during the site inspection. Ms. Stack developed this parcel from undeveloped land in about 1990. According to Ms" Stock, there is one 114 foot deep 4" diameter well located near the stable for irrigation purposes and another 78 foot deep 2" diameter well services her residence in the eastern portion of this parcel. Restrooms in the stable and residence have their own respective septic tank systems" .....1REE1'ARM 6 Water Resource Solutions, In<:. Agenda Item No. 88 June 26, 2007 Page 271 of 339 3.4 Exterior and Interior Observations Air conditioners within the interior facilities identified on the assessment site are powered with electricity. No pits or lagoons associated with waste disposal or waste treatment were observed on the site. No unnatural odors, stressed vegetation, monitoring wells, or polluted water was observed during the site inspection. 3.5 Information Reported from Interviews Interviews of on-site occupants were discussed in Section 3.3. 3.6 Current Uses of the Property The site is currently occupied by three residences, the Green Heron Landscaping business, and the Naples Riding Academy. 3.7 Past Uses of the Property Information obtained from the historical aerial photograph review suggests that the site was previously undeveloped prior to being developed with residences in the early 1980's. The stable was developed in 1989 and nursery in the early 1990's. The two building foundations and northern residence were subsequently added in about 2000. 3.8 Uses of Adjoining Properties Tree Farm Road borders the site to the north. Undeveloped land is north of this road (Photo 16). An undeveloped parcel of land containing a communications tower is east of the northern portion of the site (Photo 17). The Vanderbilt Country Club borders the southern portion of the site to the east. The Vanderbilt community also borders the site to the south. A residence was formerly located on the property west of the southern portion of the site from the early 1980's OS068TREEFARM 7 Water Res.oort:e SoIt1lions, Inc. I I I I Agenda Item No. 88 June 26. 2007. Page 272 of 339 until about 2002 (Photo 18). Vacant and undeveloped land borders the site to the west (Photo 19). At the time of the site inspection, this vacant land was being cleared for development by large excavating machinery (Photo 20). A review of these off-site uses suggests that operations adji;lcent to the site are not associated with the use, generation, storage, or disposal of hazardous substances or petroleum products. 3.9 Indications of Polychlorinated Biphenyls (PCBs) I I I I I I i , I Several pole mounted transformers were observed on the site. No oil stains were observed proximal to these transformers. 3;10 Indications of Waste Disposal Solid wastes generated on the site are deposited along the road for curbside pickup by Waste Management of Collier County. Excess surficial debris was observed in the northeast parcel proximal to the two building foundations. A horticultural debris pile with some household solid waste was observed in the easternmost portion of this parcel and in the northwest corner of the site. No depressions or other obvious non-natural soil disturbances suggesting buried trash or solid waste disposal were observed on the site. 0508STREEFARM 8 Water Resource Solutions. In;. Agenda Item No, 88 June 26, 2007 Page 273 of 339 ji I , , 3.11 Physical Setting Analysis The site is generally flat with no obvious topographical trends. The groundwater flow direction in the water-table aquifer has not been determined. A review of the land Uses in the vicinity of the site indicates that there is a low potential for impacts from off-site properties. The following were not identified within a mile of the site: @ operating landfill closed landfill hazardous waste facility municipal sewage treatment plants superfund site publicly known contaminated sites waste management facility @ @ .... .... @ @ No indications that the site has any archaeological or historical significance was observed. 05088TRCEFARM 9 W3ler Rnource SoIutilmS. Inc. Agenda Item No. 8B June 26. 2007 Page 274 of 339 4.0 ENVIRONMENTAL RECORDS REVIEW 4.1 Standard Environmental Record Sources and Review I I I Environmental Data Management, Inc. (EDM) was contracted by WRS to provide a tabulation of facilities that are listed on environmental government databases within a mile of the site. These governmental databases contain information pertaining to potential and documented environmental impacts at each facility. A listing of the database files queried by EDM is as follows: Federal Information . National Priorities List (NPL) . Comprehensive Environmental Response, Compensation and Liability Information System (CERCLlS) list . Resource Conservation and Recovery Information System - Treatment, Storage, and Disposal Facilities (RCRIS-TSD) . Corrective Action Report (CORRACTS) . Emergency Response Notification System (ERNS) . No Further Remedial Action Planned list (NFRAP) . Facility Index System (FINDS) . Toxic Chemical Release Inventory System (TRIS) State Infonnation . Florida State Funded Action Sites (SFAS) . Florida Sites List (SITES) . Solid Waste Facilities (SLDWST) list . Leaking Underground Storage Tank (LUST) . Stationary Tanks Inventory System List (TANKS) A summary of the listings queried by EDM, the corresponding search distances for each respective listing, and the date of the last government version of each listing is provided in the . EDM report in Appendix C. Upon receipt and review of the database information, Water Resource Solutions identified four off-site facilities located within a mile of the site. The closest site is the Collier County Service Center which is located approximately 1,000 feet west of the site near the Tree Farm/Collier Blvd. intersection. This facility is listed on the TANKS listing for two 1,000 gallon diesel tanks 05088TREEFARM 10 Wale!" Re$outolil Solutions, lne. Agenda Item ~'O, 88 June 26, 2007 Page 275 of 339 which were in service at that location from the late 1960's until 1995. WRS performed a Phase " investigation at this facility in 2002. No environmental impacts were detected during that investigation. The Vanderbilt Country Club is on the TANKS listing for a 2,000 gallon gasoline aboveground storage tank which has been in service at this golf course since 1999. This facility is located approximately 1,500 feet south of the site. There is a low probability of on-site impacts from. this facility due to its distance from the assessment site. The Crystal Lake Quarry is listed on the TANKS listing for a 5,000 gallon diesel aboveground storage tank which was in service from 1979 to 1989. This facility is located over 1/4 mile north of the site. No environmental impacts were reported during the use of this fuel tank. There is a low probability of on-site impacts from this former mine due to its distance from the assessment site. The Collier County North Regional Water Plant is listed on the ERNS and TANKS listings. This facility is located approximately 3/4 mile south of the site. There is a low probability of on-site impacts from this facility due to its distance from the assessment site. No other facilities listed in the EDM report were identified within a mile of the site. 4.2 Physical Setting Sources 4.2.1 Review of Topographic Maps The 1958-Photorevised 1973 United States Geological Survey 7.5 minute series topographic map for the Corkscrew SW, Florida quadrangle was reviewed to provide information regarding the topography of the site. A review of this map indicates that the site is situated at an elevation of approximately 15 feet above National Geodetic Vertical Datum. 050681'REEfARM 11 Wale, Resource SolUtions, Inc. . Agenda Item No. 88 June 26, 2007 . Page 276 of 339 4.2.2 Review of Site Geology Reports According to the Collier County Soil Survey, the soil on site is primarily composed of Pineda fine sand, limestone substratum. This is a nearly level, poorly drained soil found on sloughs. Slopes are smooth to slightly concave and range from 0 to 1 percent. Typically, the surface layer is black fine sand about 1 inch thick. The subsurface layer is very pale brown fine sand about 4 inches thick. The upper part of the subsoil is brownish yellow fine sand about 8 inches thick. The next 10 inches is strong brown fine sand. The next 6 inches yellowish brown fine sand. The next 7 in.ches is light gray fine sand with brownish yellow mottles. The lower part of the subsoil is light brownish gray fine sandy loam with light gray sandy intrusions about 18 inches thick. The substratum is 11 inches of gray fine sandy loam with limestone and shell fragments. A fractured limestone is encountered at approximately 52 inches. In most years, under natural conditions, the water table is at a depth of less than 10 inches 2 to 4 months and a depth of 10 to 40 inches for about 6 months. It recedes to a depth of more than 40 inches for about 3 months. During periods of high rainfall, the soil is covered by slowly moving water for periods of about seven to 30 days or more. This map unit is hydric. According to the Geologic Map of Florida, 2001, the Tamiami Formation occurs within the shallow subsurface of the site. The Tamiami Formation may be characterized as carbonate (sandy limestone and marls) deposits associated with Pliocene (2.8 million to 5.3 million years ago) shallow marine deposition. 4.2.3 Review of Groundwater Reports According to the Preliminary Assessment of the Ground-Water Resources of Collier County (SFWMD, 1986), the regional groundwater flow in the water-table aquifer is towards the west. The site-specific groundwater flow has not been determined. According to the Lower West Coast Potentiometric Mapping Project (Water Resource Solutions, 2003), regional groundwater flow in this vicinity is anticipated to be in a, southwestern direction. Site-specific flow direction has not been determined. OS088TREEFARM 12 WaterResou<<:eSolllliDns,lnc. Agenda Item "0. 88 June26 ?nn7 Page 277 of 339 , I 'I I I 4.3 Review of Historical Sources 4.3.1 Review of Aerial Photographs Available historical aerial photographs obtained from the Collier County Property Appraiser's Office were reviewed for information about the history of development on the assessment site and adjacent properties. Some aerials known to exist were not available at the Property Appraiser's Office. The date and scale of each photograph and the observations noted during thefeview are summarized below: . 1975 Aerial Photoaraph -1 inch = 400 feet not available . 1981 Aerial Photoaraph - 1 inch = 200 feet The northern and southern portions of the assessment site and adjacent properties to the. north, east, and south are undeveloped forest. A residential mobile home occupies the central portion of the site. A residence is west of the central portion of the site. . 1985 Aerial Photoaraph - 1 inch = 200 feet A single family residence has been constructed west of the mobile home on the central portion of the site. The remainder of the site is undeveloped forest. Adjacent properties remain unchanged. . 1989 Aerial Photooraph - 1 inch = 200 feet The mobile home is no longer present in the central portion of the site. The horse stable and residence are under construction in the southern portion of the site. The remainder of the site and adjacent properties remain unchanged. . 1993 Aerial Photoaraph - 1 inch = 200 feet The assessment site and adjacent properties to the north, west, and south remain unchanged. The communications tower east of the site is present. 050a8TREEFARM 13 Wilter Re$Ollr~ Sol\ltions, Inc:. r I - I i I II: '-I ! I [) [) [I n [] [1 -j L n Agenda Item No. 8B June 26. 2007 Page 278 of 339 4.2.2 Review of Site Geology Reports According to the Collier County Soil Survey, the soil on site is primarily composed of Pineda fine sand, limestone substratum. This is a nearly level, poorly drained soil found on sloughs. Slopes are smooth to slightly concave and range from 0 to 1 percent. Typically. the surface layer is black fine sand about 1 inch thick. The subsurface layer is very pale brown fine sand about 4 inches thick. The upper part ofthe subsoil is brownish yellow fine sand about 8 inches thick. The next 10 inches is strong brown fine sand. The next 6 inches yellowish brown fine sand. The next 7 in~hes is light gray fine sand with brownish yellow mottles. The lower part of the subsoil is light brownish gray fine sandy loam with light gray sandy intrusions about 18 inches thick. The substratum is 11 inches of gray fine sandy loam with limestone and shell fragments. A fractured limestone is encountered at approximately 52 inches. In most years, under natural conditions, the water table is at a depth of less than 10 inches 2 to 4 months and a depth of 10 to 40 inches for about 6 months. It recedes to a depth of more than 40 inches for about 3 months. During periods of high rainfall, the soil is covered by slowly moving water for periods of about seven to 30 days or more. This map unit is hydric. According to the Geologic Map of Florida, 2001, the Tamiami Formation occurs within the shallow subsurface of the site. The Tamiami Formation may be characterized as carbonate. (sandy limestone and marls) deposits associated with Pliocene (2.8 million to 5.3 million years ago) shallow marine deposition. 4.2.3 Review of Groundwater Reports According to the Preliminary Assessment of the Ground-Water Resources of Collier County (SFWMD, 1986), the regional groundwater flow in the water-table aquifer is towards the west. The site-specific groundwater flow has not been determined. According to the Lower West Coast Potentiometric Mapping Project (Water Resource Solutions, 2003), regional groundwater flow in this vicinity is anticipated to be in a southwestern direction. Site-specific flow direction has not been determined. 05088TREEFARM 12 WaterResourt:eSO/utions,Inc. i' I.: I I. . \ :/ I I] I fl u n rl n fJ rJ rJ II Agenda Item No. 88 June 26, 2007 Page 279 of 339 4.3 Review of Historical Sources 4.3.1 Review of Aerial Photographs Available historical aerial photographs obtained from the Collier County Property Appraiser's Office were reviewed for information about the history of development on the assessment site and adjacent properties. Some aerials known to exist were not available at the Property Appraiser's Office. The date and scale of each photograph and the observations noted during thereview are summarized below: ; ; . 1975 Aerial PhotooraPh -1 inch = 400 feet not available . 1981 Aerial Photooraoh - 1 inch = 200 feet The northern and southern portions of the assessment site and adjacent properties to the north, east, and south are undeveloped forest. A residential mobile home occupies the central portion of the site. A residence is west of the central portion of the site. . 1985 Aerial Photooraoh - 1 inch = 200 feet A single family residence has been constructed west of the mobile home on the central portion of the site. The remainder of the site is undeveloped forest. Adjacent properties remain unchanged. . 1989 Aerial Photooraoh - 1 inch = 200 feet The mobile home is no longer present in the central portion of the site. The horse stable and residence are under construction in the southern portion of the site. The remainder of the site and adjacent properties remain unchanged. . 1993 Aerial Photooraoh - 1 inch = 200 feet The assessment site and adjacent properties to the north, west, . and south remain unchanged. The communications tower east of the site is present. O50881'REEFARM 13 Water RUOlifCO SgIIllioM, me. r '" . i , Ii , , \ , \. r"; i j C') . I il ,., IJ fl Agenda Item No, 88 June 26, 2007 Page 280 of 339 . 1996 Aerial Photooraoh -1 inch = 200 feet The nursery office and maintenance building have been constructed. The remainder of this parcel is being used to store plants. The remainder of the assessment site and adjacent properties remain unchanged. . 2002 Aerial Photooraoh - 1 inch = 200 feet A residence is in the northern portion of the site. Two warehouse type buildings are on the parcel south of this residence. Lakes have been excavated west of these structures. The remainder of the assessment site and adjacent properties to the north and west remain unchanged. The Vanderbilt Country Club residential subdivision has been constructed east and south of ~da . 4.3.2 Review of Sanborn Fire Insurance Maps Sanbom Fire Insurance Maps were not prepared for this portion of Collier County. Sanborn maps were usually generated for urban core areas developed prior to 1950. 4.3.3 Review of Chain-of-Title A Chain-of-Title review was not conducted as part of this investigation. According to Mr. Bob Caughey, Florida Geological Survey, no oil test wells were drilled in Section 35, Township 48S, Range 26E. 4.3.4 Review of City Directories [l The recent city directories of Naples reviewed at the Collier County Public library. Tree Farm ) Road was not listed in the 2003 or 1995 directories. [I [l f1 II n 05088TREEFARM 14 Wetef Reso~ Solutions, Inc. "1 , , 11 I: !! 'i I, , I i1 I, r-] [) n [J o [) [1 n Agenda item No, 88 June 26. 2007 Page 281 of 339 5.0 FINDINGS AND CONCLUSIONS Water Resource Solutions has performed a Phase I ESA in conformance with the scope and limitations of ASTM Standard Practice E 1527-00 of the site. Exceptions and deletions from the above-referenced Practice are described in Section 2.3 of this report. This assessment has not provided evidence suggesting that recognized environmental conditions may affect the property. No further investigations are recommended. "1 ~TREEFARM 15 W.terResource SoMjonli, Inc. , Agenda Item No. 88 I , " r 0"''''-' Page 282 of 33 Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial land Uses May 25, 2007 Prepared for Tree Farm land Trust RWA, Inc. Prepared by Fishkind & Associates, Inc. 1415 Panther lane, Suite 346/347 Naples, Florida 34109 (239) 254.8585 Agenda Item t,o. 88 June 26, 2007 Page 283 of 339 REVISED AND UPDATED Trec Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses May 25, 2007 1.0 Introduction 1.1 Purpose The purpose of this report is to present a feasibility analysis for the proposed commercial land uses of 58.84:t acres of land a portion of which is located in Mixed Use Activity Center Sub District #3 ("Activity Center") at the northwest comer of Immokalee Road and Collier Boulevard (County Road 951). The nature and context of the analysis required to assess the feasibility of proposed commercial uses in a mixed use planned unit development within an activity center already designated for intensive commercial uses is much less stringent that the analysis required to justify an amendment to the Growth Management Plan to add a commercial designation to land previously designed for non-commercial uses. Previously submitted analyses are accordingly superseded by this report. The land area of Tree Farm MPUD ("Project") currently encompasses 58.84 acres and it is currently zoned for agricultural use. 18.69:,: acres of the property are located within the Activity Center. The commercial portion of the project is planned to be 18.69 acres in size less acreage donated for right-of-way. The proposed development will contain approximately 175,000 square feet of commercial space that has the potential for retail shopping, restaurant space, a pharmacy, a bank and a minimum 5,000 square feet of commercial office space. The Tree Farm Land Trust, Inc. ("Developer") is proposing a zoning change for the property from its current agricultural zoning to Mixed Use Planned Unit Development ("MPUD"). Fishkind & Associates, Inc., ("Consultant") has been engaged to prepare this report. 1.2 Overview of feasibility analysis In the context of rezoning this property, the applicant must provide information regarding the market demand in a defined market area and identify the amount, type and location of existing and zoned commercial land in the Mixed Use Activity Center and within that defined market area. According to Policy 1.1, Section B.1 (XII), of the Collier County Growth Management Plan ("GMP"), there are 13 factors to be considered during the review of the rezone petition. One of those factors relates to this report. That factor is: o Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. Historically, these comparisons have focused their studies county-wide. This analysis studies the market for commercial demand around the project and portions of the county within certain drive time distances. There are two related reasons for this type of analysis. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 1 I Agenda Item No. 88 June 26, 2007 First, consumers are assumed to maximize benefit over all goods and servidellg@cilillUHlel:ll9 subject to their income. This type of analysis requires that travel costs are either explicitly or implicitly accounted for during the consideration of the consumers' income constraint. This analysis requires the Consultant to narrow the scope of the analysis from the county level down to a local market level. The Consultant further reduces the analysis based on calibrated propensity to travel estimates. Second, the Consultant considers whether the choice of location is a Pareto improvement for consumers. (Pareto improvement means that no consumers are made worse off, and at least one is made better off.) That is, the Consultant asks the question whether additional commercial space makes at least one local market better off, without reducing the welfare of all others and ultimately whether the proposed commercial land uses are feasible. Therefore: o By narrowing the focus of this study to the local market, the Consultant determines the demand for that market area. o The Consultant can then add the proposed rezoned commercial space to the eXlstmg market supply and asses the new total to the demand coming from that market area. o From those results, the Consultant can assess the feasibility ofthe proposed land uses. 1.3 Definition of the market area and target population The primary market area used for this analysis was developed with guidelines from the Urban Land Use Institutel, using I Site, Site Selection Software, version 2004.01.18, produced by Oeo Vue, Inc. The ULI categorizes commercial space below 100,000 square feet as neighborhood commercial, between 100,000 and 300,000 square feet as community commercial and over 300,000 square feet as regional commercial. ULI also defines the market area for the categories as follows; 5 miles or 10 minute drive time for the neighborhood, 10 miles or 20 minute drive time for community commercial and 20 mile or 30 minute drive time for regional commercial with the definition including the lesser measurement for all three categories. Therefore, the primary market area for the Project is community serving in nature and encompasses a 20 minute drive time as determined by the I Site market generation program as defined on the next page since the Project is proposed to include up to 175,000 square feet of commercial space. 1 Beyard, Michael D., W. Paul O'Mara, et al. Shopping Center Development Handbook. Third Edition. Washington. D.C.: ULI-the Urban Land Institute. 1999, p.ll Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 2 Agenda Item No. 88 June 26, 2007 The Tree Farm MPUD will be located in the northwest corner of the ImmokaleeFR!mtd'\!1i 1l(R~9 951 (Collier Boulevard) intersection in Naples (Collier County), Florida. This future development is anticipated to contain up to 175,000 square feet of commercial space in addition to 425 multi-family units. The results of this study will be based on an analysis of this 20-minute drive-time market's demand for community commercial development. Estimates of existing and projected households and population for the primary market area are provided for the year 20 I 0, which is close to the time the commercial portion of the Project could be developed. These figures were estimated using I Site, Site Selection Software, data gathered by the Bureau of Economic and Business Research (BEBR) at the University of Florida, and the Consultant's professional judgment. 1.4 Analysis Process The Consultant followed a 3 step process, as outlined below, m undertaking the analysis described in this report. o Determine the amount of existing commercial square feet and land zoned for commercial use within the described market area, which are the parameters set in another of the 13 factors. o Project future population/households to determine future commercial needs for those households then generate allocation ratios using the demand and supply figures and comparing them to generally accepted ratios identified by the Florida Department of Community Affairs for use as planning parameters. o Determine the impact of rezoning the Project on the land allocation ratio within the primary market area in order to assess the feasibility of the proposed commercial land uses. 2.0 The Supply of Commercial Space 2.1 Tree Farm Mixed Use MPUD's Service Area The analysis begins with the developed and zoned supply of commercial square footage in the defined service area. The Project is located at the northwest corner of the lmmokalee Road & S.R. 951 (Collier Boulevard) intersection in Naples (Collier County), Florida, and the service area is defined as being within a 20-minute drive time boundary as determined by the 1 Site program and shown in Appendix 2. Table 2.1.1 on the next page provides the current inventory of zoned developed and zoned undeveloped commercial space within the defined service area based on the Property Appraiser's ('P A") data, as well as the Commercial Inventory database provided by the Collier County Comprehensive Planning Department ("CPO") and the Collier County GIS Zoning Maps. All data included in the study are located in Appendix 3. These data provide an estimate of 5,886,795 square feet of existing commercial space and potential commercial space on zoned but unbuilt commercial parcels within the defined service area. Since the Project's proposed commercial component is community serving in nature as defined by the ULI Guidelines, all parcels and PUDs in excess of 300,000 square feet, the upper threshold of community serving developments, were removed from the supply since they are not competing as community serving but are regional servmg. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 3 . Agenda Item No. 88 June 26, 2007 Table 2.1.1 Current Supply of Developed and Zoned Commercial Space iri'MPt1>>'<gf 339 Service Area Service Area Developed Commercial # Parcels/PUDs Square Feet 111 2,345.578 Zoned Commercial # Parcels/PUDs Square Feet 88 3,541,217 Total # Parcels/PUDs 199 Square Feet 5,886,795 Source: Collier County Property Appraiser, Collier County Comprehensive Planning Commercial Inventory & Collier County GIS Zoning Maps. 3.0 Proposed rezone petition and the Impact on the Supply of Land Designated for Commercial Use in the Plan 3.1 Impact of the Proposed Change on the Supply of Land for Commercial Use If the proposed change for Project is approved, it would add approximately 175,000 square feet to the inventory of commercial land in the service area as previously defined. The total allocation of commercial acreage has been estimated to be approximately 5,886,795 square feet. The requested change will increase the supply of commercial square feet by 175,000 square feet to 6,061,795 square feet or 3 percent. 4.0 Analysis of the feasibility of requested land uses. 4.1 Overview As noted above, the feasibility analysis for the requested land uses takes into account one factor. That is to identify the market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. The applicant must demonstrate that the current amount of existing commercial space and zoned commercial land within the defined market area is insufficient to accommodate the market area's demand while providing for a reasonable degree of market flexibility. For this study, the supply of land within existing commercial development and the supply of vacant commercially zoned land within the defined market area are compared to the demand for commercial space as generated by the projected population growth of the market area. The discussion below provides this analysis. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 4 Agenda Item No. 88 June 26, 2007 4.2 Demand for Commercial Space in the Tree Fann Mixed Use Project Market and t1R~Q<\mlea:tI~9 Ratio Since the 2000 census, the population in the market has increased by approximately 37 percent. Table 4.2.1 below provides Fishkind & Associates, Inc's population projection for 2010. Table 4.2.1 Population Projections for Mixed Use Project's Market Year Population 2010 138.159 Source: Fishkind Estimate using I Site, demographics package Population data was used as the basis of projecting demand for commercial land. The projected population was used to project households as shown in Table 4.2.2 below. Table 4.2.2 Population and Household Projections Year 2010 Household Population Households Growth 138.159 51,613 15,970 Sources: Estimate using I Site, demographics package Growth I Year 3.194 Table 4.2.2 was derived using the I Site demographics modeling package. I Site uses U.S. Census data to determine the population and number of households within a geographically designated (GIS) market area. Because of this modeling, the persons per household (PPH) is 2.68, which is higher than the generally accepted county-wide 2.39 PPH figure. The reason for the higher PPH is that the Tree Farm market area does not cover the coastal area of Collier County, which has a lower PPH number than the generally accepted county wide number due to the number of retirees that live along the urban coastal area. Actually, if the PPH was lower than the 2.68 figure derived from the Tree Farm market area, the demand would be greater since more households would be generated from the population and the model projects demand per household. This new information indicates that the markct's demand for commercial space will also increase. The Consultant has developed a commercial demand model to project the demand for commercial space based on the number of households, their income and demographic characteristics, the number of visitors, and the number of employees in the relevant market area. The documentation for the model along with the model projections is rather voluminous. The model explanation is provided in Appendix I. Table 4.2.3 on the next page provides the projected commercial demand and compares demand to the developed and zoned commercial supply. The comparison of retail demand to developed and zoned commercial supply converts all vacant acres and assumes full development within the market. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 5 . Agenda Item No, 86 June 26, 2007 Table 4.2.3 Demand and Supply for Commercial Sq. Ft. and Acreage - Supply IncludeS'lllWilfipedl39 and Zoned Commercial Developed and Zoned- Commercial 2010 Primary Market Retail Demand (sq.ft.) Supply Net GLA (sq.ft) 2.211,123 5,886,795 Allocation Ratio Supply/Demand 2,66 Source: Fishkind & Associates, Inc. As noted on page 4 in Table 2.] .1, the effective supply of existing commercial space shether built or unbuilt totals 5,886,795 square feet. As shown by Table 4.2.3, the demand projection estimates there is demand for 2,2] 1,123 square feet of commercial space in the market for the year 2010. Therefore, the ratio of the total supply of land designated for commercial use compared to the total demand for this land equals 2.66 (See Appendix 4 for allocation ratio explanation). In 2010, the allocation ratio is projected to be just above the desired market equilibrium level of 2.0. However, the allocation ratio is low enough to make the requested land uses feasible. The Consultant also took a look at the allocation ratio of the projected commercial demand in relation to only the developed commercial supply. Table 4.2.4 below provides the projected retail demand and compares that demand to only the developed commercial supply. The 1.06 allocation ratio indicates that the commercial supply in the market area is being developed in lock step with the demand. Table 4.2.4 Demand and Supply for Commercial Sq. Ft. and Acreage - Supply Includes Developed Commercial Developed Commercial 2010 Primary Market Retail Demand (sq.ft) Supply Net GLA (sq,ft.) 2,211,123 2,345.578 Allocation Ratio Supply/Demand 1,06 Source: Fishkind & Associates, Inc. Based on this analysis, there is a clear and compelling case for adding additional community commercial land to this market. Any ratio close to 2.0 warrents the addition of land to the inventory for any market that is not approaching build out conditions. It is just these types of situations that make it good planning policy to have a sufficiently high ratio to accommodate the expected demand in a meaningful fashion. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 6 4.3 Impact of Requested Land Uses for Tree Farm Mixed Use Project Agenda Item No. 88 June 26. 2007 Page 289 of 339 As noted above, the proposal for the Project would add approximately 175,000 square feet (18.65 acres minus the donated right-of-way) of commercial land to the market. Tables 4.3.1 and 4.3.2 below display the impacts of adding this additional land to the developed and zoned commercial inventory as well as the zoned commercial inventory. In 20 I 0, adding the additional land to the developed and zoned commercial inventory increases the allocation ratio from 2.66 to 2.74. Adding the additional land to the zoned commercial inventory increases the allocation ratio from 1.06 to 1.14. An allocation ratio of 1.14 is substantially below the desired level of 2.0 for a current market to have the flexibility necessary to meet future demand. It suggests that by 20 I 0, there will be substantial pressure to bring more commercial product on line to serve the market area. An allocation ratio of 2.66 is just above the desired level of 2.0 for a current market to have the necessary flexibility to meet future demand. Even with inclusion of the project in the total commercial space supply, the small increase to the allocation ratio through 2010 makes the requested land uses feasible. Table 4,3.1 Feasibility Analysis of Adding the Mixed Use Project to the Inventory of Developed and Zoned Commercial Space Develooed and Zoned Commercial 2010 Primary Market Retail Demand (sq.fL) Supply Net GLA wi Tree Farm (sq.ft.) 2,211.123 6,061,795 Allocation Rallo Supply/Demand 2.74 Source: Fishkind & Associates, Inc. Table 4.3.2 Feasibility Analysis of Adding the Mixed Use Project to the Inventory of Developed Commercial Space Develooed Commercial 2010 Primary Market Retail Demand (sq.ft.) Supply Net GLA wi Tree Farm (sq.ft.) 2.211.123 2,520,578 Allocation Ratio Supply/Demand 1,14 Source: Fishkind & Associates, Inc. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 7 . Agenda Item No. 88 June 26, 2007 5.0 Conclusions Concerning the Feasibility of the Proposed Commercial Land UsesFffaetll't!J'Pfeti\9 Farm Mixed Use Project Taking into account all existing commercial square footage and zoned commercial land within the market service area in relation to the Tree Farm community commercial market area, the Consultant has determined that there are currently minimal allocation ratios, which indicate that insufficient commercially designated lands or existing commercial space are available to meet the 2010 demand. With the addition of the proposed Tree Fann MPUD commercial square footage, there will be a good relationship between the demand for, and the supply of, commercial space to allow for market flexibility in determining future commercial uses and locations in order to accommodate market demand. The commercial component of this Project is designed to serve the community commercial demand that currently exists in the market. The location provides the access and visibility that are required for this type of development. The under-allocation of suitable commercial property supports our conclusion that the proposed commercial land uses are not only feasible but indeed warranted to serve the market area. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 8 ,L\aenda Item No 8B ~ June 26. 2007 Page 291 of 339 APPENDIX 1 TREE FARM MPUD MARKET FEASIBILITY ANALYSIS FOR PROPOSED COMMERCIAL LAND USES COMMERCIAL DEMAND METHODOLOGY 1.0 Methodology The methodology employed in the analysis of the demand for commercial space at this site is based on a consumer expenditures model. This model can estimate the aggregate market demand for commercial space, the demand for commercial space at a specific location, and the effective supply of competing commercial providers in the area. The net demand for commercial space at the location being studied is determined as the difference between the site demand and the effective supply of competition. 2.11 Aggregate Market - Retail Demand Fishkind & Associates, Inc. ("Fishkind") has developed an in-house model to determine commercial demand. This model estimates commercial demand by square footage, shopping center type and store type. The model incorporates multiple data sources. These sources are census based ("I-Site") local area households and household income data, consumer expenditure profiles from the U.S. Department of Labor Consumer Expenditure Survey, Department of Revenue Gross Sales data, and Urban Land Institute shopping center tenant profiles, square footage requirements and average sales per square foot by store type from the publication Dollars and Cents of Shopping Centers. The model operates by first determining retail household expenditures for market area households. Expenditures are determined through application of the results of the 2000 Consumer Expenditure Survey, conducted by the U.S. Department of Labor. This survey of over 30,000 households nationwide provides detailed information on average dollar expenditure amounts and the expenditure percent of household income, for all household expenditures. The income expenditure percentages are applied to the average local arca household income and multiplied by the number of households to determine market area spending potential for retail store goods. Next, the historic Department of Revenue (DOR) Sales data (for the county in question) is indexed by tenant classification2, from the Doilars and Cents of Shopping Centers. The expected expenditures on retail goods arc then applied to this county specific (DOR) index to determine an estimate of spending by major store type (tenant classification). The detelmination of sales by retail center (neighborhood, community, regional, super-regional) is determined through the construction of an index of surveyed sales by center type (also located in the Dollars and Cents of Shopping Centers). 2 Tenant Classification are: general merchandise, food, food service, clothing and accessories, shoes, home furnishings, home appliances/music, building materials and hardware, automotive. hobby/special interest, gifts/specialty, jewelry, liquor, drugs. other retail, personal services. entertainmenUcommunity. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 9 . Agenda Item No. 8B June 26, 2007 Supportable square feet of a retail center is determined by applying the average sales per ~~!fil<5(f e~9 GLA, found in Dollars and Cents of Shopping Centers, to the expected sales by store type (tenant classification). In addition to determining the supportable square feet of retail space, Fishkind & Associates has determined the expected sales by DOR retail classification, which is a subset of the individual store types (tenant classifications). 3.0 Determination of Expected Location Sales & Impacts to Competition The determination of sales is a multi part process. Sales to be made at the location of a proposed retail project are based on the constant sales per square foot measure used in the determination of the demand for retail space, and an estimate of excess spending at the existing and proposed retailers. Potential location specific expenditures are determined in accordance with Sections 3.1 and 3.2. From the potential expenditures and demanded space, a determination of "base-line" spending per square foot can be made for each store type. Spending per square feet of store space is then applied to the estimate of existing store space to determine a total "base-line" sales estimate. This "base-line" estimate will be less than the total potential expenditures. Therefore, an estimate of excess spending can be made from the difference between the estimated total expenditures and the "base-line" estimate. After the determination of "base-line" sales per square foot and excess sales per square foot, the proposed project needs to be added to the supply ofretail space. At this point adjusted total sales can be determined from the "base-line" sales per square foot and the adjusted supply of retail space (existing plus proposed). The adjusted excess spending, as a result of the proposed retail project, is determined by the difference between the (adjusted) "base-line" expected spending and the estimate of tot a! expenditures. An estimation of the expected sales for the proposed project is determined by the size of the project and the total estimated spending per square foot, which is the "base-line" sales per square foot plus the adjusted excess spending per square foot as a result of the project. The final impact to sales per square foot of competing retailers in the market surrounding the proposed project is calculated as the difference between the excess sales per square foot, with and without the proposed proj ect. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 10 Agenda Item No. 88 June 26, 2007 Page 293 of 339 APPENDIX 2 TREE FARM MPUD MARKET AREA MAP Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 11 r ..:-:t=:'~:!Ji""' ,,'1....-."" ~:r:r' .::::"...r"'" . ... ..,,,c:-,j":' 1i!I!' t;> ','. ."'c......~ ~?!!,,>.~!le*da Item N ".J . ~"",.'~ ,.a..~~~ .~, ... 0..88 '.... ,co , __, .__-,r' --r: e, ,1"""_"""-_'. -.--. ,--------" "'._~' ,- ',' ..... -~ _1 , ...-.. ( a::'\ '-~-~ ~._w ! +- ;1, l -! i,"_..._. -.' .- ~II" )) " .... tl _CI ... /0-'''1. I' I" \ ,,., , APPENDIX 3 TREE FARM MPUD MARKET SUPPLY DATA Tree Fann Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses Agenda Item No. 88 June 26, 2007 Page 295 of 339 12 Agenda Item No. 8B June 26. 2007 Page 296 of 339 Name ~ Townshio ~ Acres ADoroved Comm. Soft Zoned Develooed Zoned Undevelooed Zonina CPUOs MPUOs 20_Minutes Anglien 7 49 26 4.77 208.025 208,025 PUD Ashley's Gas Station 27 49 26 1 8,000 8,000 PUD Baldridge 18 49 26 16.8 125,000 125.000 PUD Breezewood 30 48 26 556 74,100 74,100 PUD Brooks Village 15 49 26 17.6 105,000 105,000 PUD Cambridge Square 7 49 26 13.6 115,000 35,000 80.000 PUD Carlton Lakes 19 48 26 7 70.000 65,415 4,585 PUD Carolina Village 34 48 26- 150,000 150,000 PUD Clesen 7 49 26 4.33 40,000 40,000 PUD Collier Blvd MU Center 34 49 26 25.3 270,000 270,000 PUD Colonades 29 49 26 6.83 35,000 35,000 PUD Donovan Center 30 48 26 26 250,000 221,903 28,097 PUD Founder's Plaza 28 49 26 13.33 39,950 39.950 0 PUD FP&L 15 49 26 12.15 97,200 97,200 PUD Golden Gale Commerce Park 34 49 26 25.3 270,000 270,000 PUD Heritage Bay (oRI) 3,14.23,24 48 26 73.5 200,QOO 200,QOD PUD Island Walk (DRI) 33,34 48 26 15 30,000 21,200 8,800 PUD Jacaranda Center 28 49 26 1.5 12,000 12,000 PUD Mediterra 11 48 25 16 20,000 20,000 PUD MirMar 27 48 27 2,38 20,000 18,960 1,040 PUD Mission Church 35 48 26 24.18 193.440 193,440 PUD Mission Hills 34 48 26 3345 200,000 107,818 92,182 PUD Naples Gateway 7 49 26 13.45 63,075 33,650 29.425 PUD Northbrook Plaza 19 48 26 29,9 270,000 114,153 155,847 PUD Olde CypresslWoodlands (DR!) 21,22 48 26 12.5 165,000 80,153 84,847 PUD Orange Blossom Ranch 24 48 27 44 200,000 200,000 PUD Parkway Center 28 49 26 2.34 17,000 17,000 PUD Parway Place 28 49 26 1.99 14,758 14,758 PUD Parway Promenade 28 49 26 112 12,000 12,000 0 PUD Pelican Strand (DRI) 18 48 26 25 200,000 144,500 55.500 PUD Pine Ridge Center 18 49 26 8.73 100,000 42,630 57,370 PUD Pine Ridge Center West 18 49 26 8.87 100,000 100,000 PUD Pine Ridge Corners 7 49 26 4.38 12,000 12,000 PUD Pine View 18 49 26 12.58 100,640 100,640 PUD Quail II 20 48 26 184,000 28,741 155,259 PUD Ragge 7 49 26 4.5 195,819 195,819 0 PUD Randall Blvd Center 27 48 27 5.15 21,000 3,350 17,650 PUD Rlchland 27 48 26 21.8 231,000 98,628 132,372 PUD Rigas 28 48 26 10,241 10,241 0 PUD Snowy Egret Plaza 9 49 27 4,19 15,000 15,000 PUD Sonoma Oaks 34 48 26 9.38 120,000 120,000 PUD Sungate Center 15 49 26 9.09 83,000 15,000 68,000 PUD Sutherland 18 49 26 2012 210,547 210,547 0 PUD The Zone 28 49 26 0.83 6,840 6,840 PUD Wilson Blvd Center 10 49 27 5 42,000 42,000 PUD Total 4,906,635 1.499,658 3.406,977 CPUDs MPUDs 20-Minutes > 300 OOOsf Orange Tree 24 48 27 22 309,000 309,000 PUD Mallbu Lake 30 48 26 37,1 330,000 3,020 326,980 PUD Vineyards 1 49 25 75.86 600,000 495,990 104,010 PUD Agenda Item No. 8B June 26. 2007 Page 297 of 339 Parcels Zoned C-1, C-5 2Q.Minutes Acres Square Feet Zoning Folio LU Code 2.Hi 17,280 C-1 149720005 10 0.25 2,000 C4 35964240003 10 0.25 2,000 C4 35S8.42{)OOOl 10 0.25 2,000 C4 3598.4160002 10 0.25 2,000 C-4 35984020003 10 145 11.600 C-4 288800006 10 1.27 10,160 C4 35640160003 10 026 2.080 C-4 3577768()OO3 10 0.23 1.840 C4 35777720002 10 0.23 1,840 C-4 35777760004 10 0.23 1.840 C-4 3S777WOOO3 10 0.23 1.840 C-4 35777640005 10 0.23 1,840 C-4 35777BBQOO7 10 0.23 1,840 C-4 357779;>0006 10 0.17 1,360 C-4 35779120008 10 0.19 1.520 C-4 35779120105 10 0.38 3.040 C4 35779400003 10 0.06 480 C-4 35930560009 10 0.06 480 C-4 35930000008 10 0,06 480 C-4 35931120008 10 046 3.680 C-4 35776740007 10 0.18 1.440 C4 35779260007 10 0.14 1,120 C-' 36231320002 10 0.14 1,120 C-' 36231280003 10 0.14 1,120 C-' 36231240001 10 0,14 1,120 C-' 36231200009 10 0.Q7 560 C-' 36231160000 10 0.14 1.120 C-' 36230760003 10 0.14 1.120 C-' 38230720001 10 0.14 1,120 C-' 36230680002 10 0.14 1,120 C-' 313230640000 10 0,17 1,360 C-' 36304500002 10 0,14 1,120 C-' 35304520001 10 0.14 1.120 C-' 36304400008 10 0.14 1.120 C-' 36304360009 10 0.14 1.120 C-' 36304320007 10 014 1,120 C-' 36304280008 10 0,14 1,120 C-' 36304240006 10 0,14 1,120 C-' 36304200004 10 0.14 1,120 C-2 36304120003 10 0.14 1.120 C-2 36304080004 10 0.14 1.120 C-' 36304040002 10 0,14 1,120 c-, 36304000000 10 0,14 1,120 C-' 36303960002 10 0,14 1,120 C-' 36303640005 10 0.14 1,120 C-' 36303500003 10 0.14 1,120 C-' 36303560004 10 4.24 33,920 C-2 113120107 10 1,04 8.320 C-3 36232000008 11 0,25 2.000 C~ 35984120000 11 0.25 2,000 C-4 35984080001 11 0.25 2,000 C-4 35984040009 " 0.25 2,000 C-4 35984000007 11 0.25 2,000 C-4 35983920007 11 028 2.240 C-4 364M600oo1 11 0.25 2.000 C-4 36444000009 11 0,92 7,360 C4 297440004 11 069 5,520 C-4 35778880006 11 0.54 4,320 C-4 35930160001 11 0.59 4,720 C-4 3~40720003 11 r Agenda Item No. 88 June 26, 2007 Page 298 of 339 Parcels Zoned C-1, C.5 20.Mlnutes Acres Square Feet Zoning Folio LUCode 0.69 5,520 0-4 3577B4l1000e " 0.25 2.000 0-4 ,5778520007 11 0.32 2,560 0-4 35778560009 11 046 3,680 0-4 35779040007 11 0,69 5,520 0-4 35779280003 11 012 960 0-4 35930520007 11 012 960 0-4 35931000005 11 0.12 960 0-4 35931080009 11 0,12 960 0-4 35931160000 11 132 10,560 0-3 37930500009 11 0.29 2,320 0-2 36230980007 11 0.29 2,320 0-2 36304560003 11 0.14 1,120 0-2 36304160005 11 0.25 2,000 0-4 35963960009 12 0.28 2,240 0-4 36444360008 12 0.15 1,200 0-4 36444320006 12 0.12 960 0-4 35930680002 " 029 2.320 0-2 36231440005 12 0.29 2.320 0-2 36231360004 12 0.22 1,760 0-2 36230B80005 12 0,56 4,480 0-2 36230480005 12 0.14 1,120 0-2 36303880001 12 0,14 1,120 0-2 36303920000 12 0.14 1,120 0-2 36303760008 12 4.6 36.800 0-4 36326640008 16 14.53 116,240 0-4 66070001002 16 8.58 68,640 0-4 66070001303 16 12.28 98,240 0-4 36315320008 16 5.66 45.280 0-4 35779200009 16 0.83 6,640 0-4 35776600006 16 0.69 5.520 0-4 35776760003 16 5.19 41,520 0-4 35640560001 16 2.55 20,400 0-3 37930510002 16 2.31 18,480 0-1 311334000007 17 0.30 2,400 0-2 36231560006 17 0.22 1.760 0-2 36230800002 17 1.37 10,960 0-3 36232120007 17 0.30 2,400 0-4 21765500053 18 040 3,200 0-4 35640240004 21 046 3,680 0-4 35778720001 21 0.57 4,560 0-4 35779240001 " 0.76 6.080 0-4 35779320002 21 0.28 2,240 C-4 36444720004 22 0.2 1,600 C-4 36444160004 22 113 9,040 0-4 35779160000 22 1.03 8,240 0-4 36316321007 23 0.25 2.000 0-4 35983880008 23 0.33 2.640 0-4 35640640002 26 0.73 5,840 0-4 35779080009 26 0.69 5,520 0-4 35779440005 26 0.69 5,520 C-4 36316240007 27 0.25 2.000 0-4 36444520000 27 0.25 2,000 C-4 36444400007 27 0.14 1,120 0-4 16444120002 27 0.14 1,120 0-4 36444080003 27 0.23 1,840 0-4 3577B680002 27 3.51 28,080 0-4 35779420009 27 0.23 1.840 0-4 35778640000 28 0.06 480 0-4 35930720001 28 0.06 480 0-4 35930760003 28 1.59 12,720 0-4 35931200009 28 0.14 1.120 0-2 36303800007 28 0.62 4,960 0-4 288760007 28 1.79 14,320 0-3 38054160007 33 0.23 1,840 0-4 35778320003 41 0.30 2,400 C-4 35930800002 48 0.49 3.920 C-4 35778400004 48 0.23 1,840 0-4 35778800002 49 0.23 1,840 0-4 35778840004 49 0.14 1,120 0-2 36303840009 49 0.22 1,760 0-2 36231120008 70 0.22 1.760 0-2 38231080009 70 0.14 U20 0-2 36304480002 70 014 1,120 0-2 36303680007 70 0.29 2,320 0-2 36231000005 75 0.14 1,120 0-2 36304440000 75 0.14 1,120 0-2 36303720008 75 12.54 100.320 0-5 36110040005 86 0.28 2,240 0-3 188840001 21 .LQQ ll..QQQ 0-4 35779360004 91 Total 122.52 980,160 Agenda Item No. 88 June 26. 2007 Page 299 of 339 Approved Comm. SQft ~ Developed Zoned Undeveloped Total PUD 20-Minutes Zoned C-1 thru C-5 20- Minutes 4,906.635 1,499.658 3,406.977 134.240 3,541,217 980,160 5,886,795 845.920 2.345.578 The Consultant realizes that the iand uses being proposed for the Tree Farm MPUD may not include C-4 and C-5 uses. However, the Consultant did include commercial land in this analysis that was under 300,000 square feet and included C-4 and C-5 uses. y Agenda Item No. 88 June 26, 2007 Page 300 of 339 APPENDIX 4 Commercial Supply-Demand Ratio Definition A supply-demand ratio of 2.0 for commercial properties in a given area is good for the marketplace for a number of reasons. One must first keep in mind that the supply number is generated from a combination of commercial square footage already built, approved commercial square footage not yet built. By working with allocation ratios, the governing jurisdiction is able to help maintain reasonable land costs. In the same sense that the FED uses the FED Funds Rate to control the economy (i.e., prevent recessions and keep inflation in check), the county can adopt an allocation ration greater than 1.0. Basically, the allocation ratio will keep supply above demand, thereby placing downward pressure on land prices. The downward pressures on land prices make land more affordable, giving developers incentive to meet future demand by allowing for a higher rate of return on their investment. Future choices of commercial space (spread out over a geographic area) will also positively benefit residents. Their new expected travel costs will be lower than those under an allocation ratio of 1.0. Reducing travel costs and maintaining reasonable land costs increases the welfare of the affected population. Thus, the county is able to maximize expected benefits to both developers and residents by choosing an allocation ratio greater than 1.0. The allocation ratio of 2.0 is generally used in the current time frame for the reasons mentioned above. When looking longer term such as in the case of a governmental jurisdiction's comprehensive plan, which requires a 20 to 30 year analysis, the allocation ratio needs to be higher in the 4.0 range to account for forecasting margins of error. Tree Farm Mixed Use MPUD Feasibility Analysis for Proposed Commercial Land Uses 13 Agenda Item No. 8B June 26. 2007 Page 301 of 339 ORDINANCE NO. 07 -_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE TREE FARM MPUD CONSISTING OF A MAXIMUM OF 175,000 SQUARE FEET OF COMMERCIAL USES AND A MAXIMUM OF 425 RESIDENTIAL UNITS LOCATED AT THE INTERSECTiON OF lMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 58,84~ ACRES; AND BY PROVIDING AN EFFECTNE DATE. WHEREAS, Robert Mulhere, AICP, of RW A, Inc.. representing the Tree Fann Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, known as petition PUDZ-2005-AR- 8284. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Agricultural (A) Zoning District to the Mixed-Use Planned Unit Development (MPUD) Zoning District for a project to be known as Tree Farm MPUD consisting of a maximum of 175,000 square feet of commercial uses and a maximum of 425 residential units in accordance with the Tree Farm MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2007. PUDZ.2005-AR~82841MD/sp 10f2 ~y -'Y '.0\ I ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Marjorie M. Student-Stirling Assistant County Attorney PUDZ-2005-AR-8284!M:D/sp Agenda Item No. 88 June 26, 2007 Page 302 of 339 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N, COLETTA, CHAIRMAN 20f2 Agenda Item I~o. 88 June 26. 2007 Page 303 of 339 TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TREE FARM LAND TRUST 2600 GOLDEN GATE P ARKW A Y, SUITE 105 NAPLES, FLORIDA 34105 PREPARED BY: nWTA" CONSULTING ...... '- y 'f..J... ...... 6610 Willow Park Drive Suite 200 Naples, Florida 34109 and GEORGE L. VARNADOE, ESQUIRE PASSIDOMO, CHEFFY & JOHNSON, LLP 82 I FIFTH AVENUE SOUTH, SUITE 201 NAPLES. FLORIDA 34112 DATE REVIEWED BY CCPe: DATE REVIEWED BY BCe: ORDINANCE NUMBER: AMENDMENTS AND APPEAL: EXHIBIT "A" 0:\2003\030218,00.00 lree Farm PUD\OOQ6 PL'D Application Support\8th Submittal for BCC\2007-06-1 I MPUD (CepC Stips _ clean copyl.doc lof26 Agenda Item No, 8B June 26, 2007 Page 304 of 339 TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION IV COMMERCIAL MIXED-USE DISTRICT (C) RESIDENTIAL DISTRICT (R) SECTION III SECTION V PRESERVE DISTRICT (P) SECTION VI DEVELOPMENT COMMITMENTS 0:\2003\0302111.00.00 Tree Fann PUD\0006 PUD Application Support\llth Submittal for BCC\2007.06-1 ] MPUO (CCPC Stips. clean copyl.doc 20f26 Agenda Item No. 88 June 26, 2007 Page 305 of 339 LIST OF EXHIBIT AND TABLES EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "C" SCHEDULE OF DEVIATIONS EXHIBIT "D" COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT 0:\2003\0302] !I.OO,OO Tree Farm PlJD\0006 rUD Application SuppoJ1\8th Submittal for 8CC\2007-06- [] MPUD (Cepe Stips _ clean copyl,doc 30[26 I Agenda Item No. 88 June 26, 2007 Page 306 of 339 STATEMENT OF COMPLIANCE The development of 01058.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective I of the Future Land Use Element (FLUE), all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center #3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest comer of the intersection of lmmokalee Road and the future Collier Boulevard (C.R. 951) Extension. This strategic location will allow superior access to the site, and provide an ideal location for commercial activities. The project is a mixed use development located within, and less than one mile from, an Activity Center. Therefore, the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses (Policy 5.4). 5. The project must comply with the provisions of Division 6.02.0], adequate public facilities requirements of the LDC. Therefore it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub- Element. . 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: O:\2003\0302I'iLOO.OO Tree Farm PUD\0006 PUD Application Suppon\8th Submittal for BCC\2007-06-11 MPUD (CCPC Stips - clean copy).doc 40f26 Agenda Item No, 88 June 26,2007 Page 307 of 339 FLUE Designation Acres Eligible Base Eligible Total Eligible +/- Units/Acre Bonus Eligible Gross Density/Acre Density/Acre Density Mixed Use Activity 18.69 16 N/A 16 299.04 Center Subdistrict Urban Residential 40.15 4 3 7 281.05 Subdistrict, Density Band Total 58.84 N/A N/A 9.85 580.00* Table IA: FLUE EligIble DensIty (* Rounded) FLUE Designation Acres MPUD Eligible MPUD Gross +/- Density Density/Acre Density Units/Acre Mixed Use Activity 18.69 7.70 16 143.91 Center Subdistrict Urban Residential 40.15 4.00 7 281.05 Subdistrict, Density Band Total 58.84 7.22 9.85 425.00* T able IB: MPUD Density (Rounded) 7. The MPUD sets forth a maximum density of 425 dwelling units or 7.22 dwelling units per acre. The MPUD requires that a minimum of 15 percent of the density generated from the Activity Center shall be constructed within the Activity Center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. 0:\2003\030218.00,00 Tree Fann PUD\0006 PUD Application Support\8th Submittal for 8CC\2007-06-] I MPUD (CepC Slips _ clean capyl.doc 50f26 J Aqenda Item No. 88 - June 26. 2007 Page 308 of 339 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership 0 f the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL I: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT -OF- WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (l/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (l/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (l/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT -OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (I/4) OF SAID SECTION 22, S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00051'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (I/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (I/4) OF SAID SECTION 22, S. 00050'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89057'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00044'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID 0:\2003\0302]8.00.00 Tree Fann PUD\0006 PUD Application Suppon\8th Submittal for BCC\2007"06-1] MPUD (Cepe Stips - clean copy1.doc 60f26 Agenda Item No. 88 June 26, 2007 Page 309 of 339 SECTION 22: THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00045'01" W., A DISTANCE OF 1334.03 FEET: THENCE N. 89056'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S. Monaghan (Folio: 00187400000, 00187400002, and 00188040005) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust. All reference to the "developer" as may be contained in this MPUD Document shall mean the Tree Fann Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of ,"58.84 acres located in the northwest comer of the intersection of lmmokalee Road (CR 846) and the future extension of Collier Boulevard (C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately '"7.2 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. 1.6 PROJECT DESCRIPTION The Tree Fann MPUD shall be a mixed-use development. The southern ,"18.65 acres of the 0:"2003\0302] 8.00.00 Tree Farm PUD\0006 pun Application Support\8th Submittal for BCC\2007-06-11 MPUD (Cepe Stips _ clean copyl,doc 70f26 r Agenda Item No. 86 June 26, 2007 Page 310 of 339 property, located within Activity Center #3, shall allow for a variety of commercial and residential uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps, restaurants, banks, and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be hannonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and hannony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children's playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from the future extension of Collier Boulevard (C.R. 951) and will include an access point off Immokalee Road, when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from the future extension of Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, Immokalee Road intersection; and a full median opening at approximately one- half (1/2) mile from the Collier Boulevard, Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, the project is designed to provide for adequate land to accommodate the extension of Immokalee Road, the possibility of an eventual six-laning of Collier Boulevard (adjacent to the project), and for the future widening of Collier Boulevard, including intersection improvements and potential relocation of the Collier Boulevard canal to facilitate such intersection improvements. The Tree Fann MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. O:\2003\030218.00.00Tree Pann PUD\0006 PUD Application Support\8th Submittal for BCC\2007-06-1] MPUD (Cepe Stips - clean copy).doc 801'26 Agenda Item No. 88 June 26, 2007 Page 311 of 339 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Tree Farm Mixed-Use Planned Unit Development (MPUD) Ordinance". THIS SPACE INTENTIONALLY LEFT BLANK 0:\2003\030218.00.00 Tree Fann pum0006 pun Application Supportl8th Submittal for BCC\2007-06-J J MPUD (Cepe Stips _ clean caryl.doc 90[26 , Agenda Item No. 8B June 26, 2007 Page 312 of 339 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A", MPUD Master Plan. There shall be three land use districts, portions of which may include water management lakes or facilities, and private rights-of-way. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. DISTRICT TYPE . ACREAGE "e" COMMERCIAL MIXED-USE =18.69 "R" RESIDENTIAL =39.64 "P" PRESERVE =0.51 TOTAL 58.84 TABLE II PROJECT LAND USE TRACTS . Note: the MPUD providesfor a total of 7.42 acres ofright-of~way Reservationforfuture extension oflmmokalee Road. expansion CifCollier Boulevard. and improvements to the intersection of these two arterial roadways. This right-of-way reservation includes 4.34 acres within the "c" Commercial Mixed-U,e Tract (Activity Centel) and 3.08 acres within the "R" Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to :1:18.69 acres within the designated Activity Center. The Residential District will be limited to :1:39.64 acres. B. Intensity: A maximum of 175,000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 143,500 square feet may be retail and the balance (above 143,500 square feet) is limited to office use, as set forth in Section 3.3 of this MPUD. C. Approved Density: 0:\2003\030218.00.00 Tree Farm PUD\0006 PUD Application Support\8th Submittal for BCC\20Q7-06.11 MPUD (cepe Stips - clean copy).doc 10 of 26 Agenda Item No. 8B June 26, 2007 Page 313 of 339 A maximum of 425 residential dwelling units may be constructed in the total project area. The gross project area is 58.84010 acres. The gross project density, therefore, will be a maximum of7.22 dwelling units per acre. A minimum of 15 percent of the density generated from the Activity Center acreage shall be constructed within the activity center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases 0 f the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to bc retained or replanted. The Tract identified as "P," contain 0.51 +/_ acres, fully satisfYing the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit "D". 2.6 RIGHTS-OF-WAY At the discretion of the developer. the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50'). Deviation #1 from Section 6.06.01 (0) of the LDC Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 0:\2003\030218.00.00 Tree Farm PUD\0006 PUD Application Support\Rth Submittal for BCC\2007-06-ll MPUD (Cepe Stips . clean copy).doc 110f26 J Agenda Item No. 88 June 26, 2007 Page 314 of 339 2.7 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the fo llowing instances. I. Boundary marker monwnents containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monwnent. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIA nON #2 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Fann MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building, structure or use. DEVIA nON #2 3. Signage, as permitted by the LDC or this MPUD, may be placed within the right-of-way reservation tracts with approval from Collier County Transportation Services Staff, provided that any such signage be removed or relocated outside of the right-of-way reservation tract within which the subject sign is located, within 60 days of written request to do so by Collier County Transportation Services Division. The County shall bear no responsibility for any costs to remove or relocated such signage. 0:\2003\030218,00.00 Tree Fann PUD\0006 PUD Application Support\8th Submittal for BCC\2007-06-11 MPUD (CCPC Stips - clean capYl.doc 12 of 26 Agenda Item No. 88 June 26, 2007 Page 315 of339 SECTION III COMMERCIAL MIXED-USE DISTRICT (C) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District "C", Commercial on Exhibit "A", MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69", acre commercial area (District "C"), is limited to a maximum of 175,000 square feet of commercial/office uses, of which a maximum of 143,500 square feet may be retail and the balance (above 143,500 square feet) is limited to office use. A minimum of 5,000 square feet shall be developed with professional or medical office use. A minimum of 15 percent of the density generated from the Activity Center Acreage shall be developed within the Commercial-Mixed-Use District, and the balance of the density generated from the Activity Center acreage maybe developed within 1/3 mile of the Activity Center boundary. No more that 50% of the allowable commercial square footage may be developed prior to the development of at least one-half of the minimum required dwelling units within the Activity Center, and no morc that 75% of the maximum allowable commercial square footage may be dcveloped prior to the development of the remaining 50% of the minimum required residential dwelling units within the Activity Center. 3.3 PERMITTED USES No building or structure. or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses]: 1. Group 0742 - Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are pennitted. 3. Group 5231 - Paint glass, and wallpaper stores; 4. Group 5251 - Hardware stores; 1 Reference Executive Office of the President, Office of Management and Budget, Stalldard Industrial Clas.qjication Manual, 1987 Edition. 0:\2003\0302] 8.00,00 Tree Fann PUD\0006 PUD Application Support\8th Submittal for 8CC\2007-06_] I MPUD (CepC Stips ~ clean copy).doc 130f26 . Agenda Item No, 88 June 26, 2007 Page 316 of 339 5. Group 5261 - Retail nurseries, lawn and garden supply stores; 6. Major Group 53 - General merchandise stores. 7. Major Group 54 - Food stores. 8. Group 5531 - Auto and home supply stores, not including any installation facility; 9. Group 5541 - Gasoline stations, not including service facilities; 10. Group 7542 - Carwashes only. II. industry Group 555 - Boat dealers. 12. Major Group 56 - Apparel and accessory stores. 13. Major Group 57 - Home furniture, furnishings, and equipment Stores. 14. Major Group 58 - Eating and drinking places. 15. Major Group 59 - Miscellaneous Retail. Industry Group Numbers: 596 - nonstore retailers; 598 - and not including retail sale of fireworks. 16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 - Hotels and motels. The maximum lIoor area ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal servIces for the following industry groups: a. 721 - Laundry, cleaning, and garment services, only including Group 7211 - power laundries, family and commercial, Group 7215 - Coin-operated laundries and dry-cleaning, and Group 7217 - carpet and upholstery cleaning; b. 722 - Photographic portrait studios; c. 723 - Beauty shops d. 724 - Barber shops; e. 725 - Shoe repair shops and shoeshine parlors; f. 729 - Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. O:\200JI03021g,OO.OQ Tree Fann pum0006 PUD Application Support\8th Submittal for BCC\2007-06-ll MI'UD {Cepc Stips - clean capy).doc 140f26 Agenda Item No. 8B June 26, 2007 Page 317 of 339 ] 9. Establishments operating primarily to provide business ser\l1ces for the following Industry Groups: a. 731 - Advertising, not including Group 7312 outdoor advertising . . servIces agencIes; b. 733 ~ Mailing, reproduction, commercial art and photography, and stenographic services; c. 735 - Group 7352 - medical equipment rental and leasing; d. 73 7 ~ Computer programming, data processing, and other computer related services, not including Group 73 71 - computer programming servIces. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing Laboratories. 21. Group 7513 ~ Truck rental and leasing, without drivers; Group 75]4 _ passenger car rental; Group 7515 ~ passenger car leasing; and Group 7519- utility trailer and recreational vehicle rental. 22. Group 7631 - Watch, clock, and jewelry repair, and Group 7699 - repair shops and related services, not elsewhere classified. 23. Group 7832 ~ motion picture theaters, except drive-in, and Group 7841 _ video tape rental. 24. Major Group 79 - Amusement and recreation servIces, for the following industry numbers: a. Group 79] I - Dance studios, schools and halls b. Group 7922 - Theatrical producers (except motion picture) and Group miscellaneous theatrical services c. Group 7941 ~ Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 ~ Physical fitness facilities e. Group 7999 ~ Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80 - Health services for the following industry groups: a. 80 I - Offices and clinics of doctors of medicine; b. 802 - Offices and clinics of dentists; c. 803 ~ Offices and clinics of doctors of osteopathy; d. 804 ~ Offices and clinics of other health practitioners. 26. Major Group 807 ~ Medical and Dental Laboratories for the following industry numbers: a. Group 8071 - Medical laboratories; b. Group 8072 - Dental laboratories. 0:\2003\030218.00.00 Tree Fann PUD\0006 ruo Appliclltion Suppot1\8Ih Suhmittal for BCC\2007-06-11 MPUD {Cepe Stips clean cary).doc 150f26 . Agenda Item No. 88 June 26, 2007 Page 318 of 339 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 - Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Group 8711 - Engineering services b. Group 8712 - Architectural services c. Group 8713 - Surveying services d. Group 8721 - Accounting, auditing and bookkeeping services e. Group 8732 - Commercial economic, sociological, and educational research f Group 8741 - Management services g. Group 8742 - Management consulting services h. Group 8743 - Public relations services 1. Group 8748 - Business consulting services. 31. Offices of government as defined under Major Group 91 - Executive, legislative, and general government, except finance. 32 Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first f100r of a mixed use building, and shall be subject to a minimum per unit f100r area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and sign age 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker's residence. O:\200~\030218_00.00 Tree Fann PUD\OO06 PUD Application Support\8th Submittal fOf BCC\2Q{)7-Q6-11 MPUD (CCPC Stips - clean capYl,doc ] 6 of26 Agenda Item I~o, 88 June 26. 2007 Page 319 of 339 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Fann MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections ofthe LDC in effect as of the date of adoption of this Ordinance. TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT MINIMUM LOT AREA AVERAGE LOT WIDTH MINIMUM YARDS (External) From Immokalee Road Canal ROW From Future Extension of Collier Blvd. From Western Project Boundary MINIMUM YARDS (Internal) Internal DrivesIROW Rear Side Lakes Preserves PRINCIPAL USES 10.000 sq. ft. 100 ft, ACCESSORY USES N/A N/A MIN. DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT Retail Buildings (with or without residential uses) Office Buildings (with or without residential uses) MINIMUM FLOOR AREA MAX. GROSS LEASABLE COMMERCIAL AREA 25 ft, 25 ft. 25 ft. t!iiJ.'~" . "'.!l1' , . ,..., " c., .' . . . .... ~ .' .',.,'. ] 5 ft. 10 ft. ] 0 ft, 25 ft. 25 ft. ]0 ft. or 1/2 the sum 0 building heights** t'l~Q~" 50 ft. 65 ft. 1,000 sq. fL **** ] 75.000 sq. ft.***** ]0 ft. ]0 ft. 10 ft. 20 ft' ]0 ft. to ft. * No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). * * Whichever is greater. *** This is an estimate of Actual Height given the LDC definition thereof, and the following facts and assumptions: a) the property is not located within a flood zone; b) the Actual Height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum Zoned Height limit; and c) the Actual Height cannot be fully ascertained until an applicable Site Development Plan is submitted. Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be pennitted to have a minimum floor area of twenty~five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. ***** Total allowable commercial square footage is 175,000 square feet,; however no more than 143.500 may be retail and the balance, above] 43,500 square feet, if developed, shall be office. **** 0:\2003\030218.00.00 Tree Fann PUD\0006 PUD Applicatiun SupPol1\8th Submittal for 8CC\2007-06-11 MPUD (Cepe Stips _ clean copy).doc 17 of 26 . Agenda Item No. 8B June 26. 2007 Page 320 of 339 SECTION IV RESIDENTIAL DISTRICT (R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as "R" on the MPUD Master Plan, Exhibit "A". Residential uses, infrastructure. perimeter land use buffers. signage, as well as project recreational/social facilities will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 425 residential dwelling units. Since 15% of the density generated from the Activity Center acreage are required to be developed within the Commercial Mixed Use District, and the remaining density generated from the Activity Center acreage must be developed within 1/3 mile of the Activity Center Boundary (as depicted on Exhibit A, the PUD Master Plan), the remainder of the dwelling units may be developed north of the line on the PUD demarcating the 1/3 mile distance from the Activity Center boundary. For the purpose of calculating the project density. 4 Assisted Living Facilities (ALF) units shall constitute I residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. 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: I. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes. two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon. bank. pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access). and shall not exceed 2,000 square feet in aggregate. No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. 0:\2003\030218.00,00 Tree Fann PUD\0006 PUO Application Support\8th Submittal torBCC\20Q7-Q6-11 MPUD {CCPC Stips - clean capyl.doc 18 of 26 Agenda Item No. 88 June 26, 2007 Page 321 of 339 B. Accessory Uses: I. Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities. 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. Minimum Residential Density within Activity Center: A minimum of 15 percent of the density generated from the Activity Center shall be constructed within the 18.69 acre Mixed Use Activity Center portion of the project, and the balance of the density accumulated from the activity center may be developed within 1/3 mile of the northern boundary ofthe Activity Center, or within the Activity Center. THIS SPACE INTENTIONALLY LEFT BLANK 0:\2003\030218.00.00 Tree Farm PUD\0006 PUD Application Support\8th Suhmittal for BCC.2007-06-1 J MPUD (('epc Stips _ clean capYl,doc 190f26 . Agenda Item l'-Jo. 88 June 26, 2007 Page 322 of 339 TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- nVO-FAM]LY, SINGLE- F AMity PA T]Ou & CLUBHOUSEi FAMILY ATTACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE fAMILY HtllLDINGS4 PRINCIPAL STlWCTURES MINIMUM LOT AREA 2.250 S.F. 2,250 S.F 2,250 S.F. 10,uno S.F. ] 0,000 S.F. PER UNIT PER UNIT PER lINlT MINIMUM LOT WIDTH 35 FEET 20 fEET 35 FEET 100 FEET NiA MIN]MUM FLOOR AREA l,nooS.F. ],000 S.f. 1,000 S.F. \,000 S.F/l>.1.J. N/A MIN FRONT)' ARD 15 FEET 15 FEET 15 FEET 15 FEET NiA MIN SIDE YARD 6 fEET o FEET or o FEET or 15 FEET N/A 6 FEET 6 fEET M(N REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. D1ST. BETWEEN STRUCTlJRES ]2 fEF] 12 FEET ]2 FEET 20 FEET or N/A y, ZONED BH, WII]CIHEVER IS CiREATER MAX. ZONED IIE]GH.I 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE 42 FEET 42 FEET 42 fEET 50 FEET 50 FEET ACTUAL HEIGHT 54 FEET 54 FEET 54 rEET 62 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET N/A SIDE 5 FEET 5 FEET 5 FEET 5 FEET N/A REAR 5 FEET 5 FrET 5 FEET 5 FEET N/A PRESERVE SETI3ACK :< 10 FEET 10 FEET 10 FEET ]0 FEET N/A MAX.I3LDG HT. SI'S SPS SPS 3 STORIES NTE 2 STORIES NTE NOT TO EXCEED 42 FEET 42 FEET S.P.S.: Same as Principal Structures. NTE: Not To Exceed BH: Building !-!eight General Notes: Front yards shall be measured as fiJllows: (f the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of way line. If the parcel is served by a private road, setback is measured.ii"om the hack of curb (if curbed) or edge of pavement (if not curbed). Setbackfrom lake easements fe)!' all accessmy uses and structures may he zero feet (0 '). 0:\2003\03021::;'00.00 Tree Faml Pl.)D\0006 pun Application Support\Rth Submittallbr BCC\2007-06-! I MPUD (Cepe Stips - clean copyl.doc 200[26 Agenda Item No. 88 June 26, 2007 Page 323 of 339 No structure, other than those permitted within the LDC to he located within a required landscape b/!ffer tract or easement, shall encroach into a required landscape bl(ffer tract or easement. Footnotes 1) ]) 3) 4) 5) A patio home is a detached or semi-detached single-fami~v [(l1it/;-o111 ground to ro(?lwherein each dwelling unit lot is enclosed by a wall located at the lot line. thus creating a private yard bent/cen the house Gnd the wall. Setback may he either ::.cro feet (0) on one side Gild six feet (6') 0/1 the other .'-;ide in order to pro\'ide a minimum separation hetween principal structures of twelve feet (12 '). At the lime (?f applicathm fhr subdivision plat appromlfor each tract, a lot layout depicting minimum .vard sethacks and huildingfootprint shall be submitted. Front loading garages shall have a minimum front yard setback oftwcn(v-thrccfeet (23 'J, as measuredfrom the back of sidewalk. Side loaded garages may be located less than twenty-three feet (23 'j fectfi'om the back qfsidewalk provided that the drive....va}' design allmvs fhr parking q(vehicles so as not to into/ere with or block the sidewalk. These prm'isiollS apply to a garage ,vhcther attached or detached to the principal s'trueture. Although neither sethacks nor separation betl-wen structures arc applicable to the cluhllOuse and other recreation structures located on the clubhouse tract, neither the clubhouse or any other recreational structures shall be located closer than l11!cn(v (20) feet from any residential building or residential or Presen'ation tract boundar}'. This is an estimate of Actual Height given the LDC definition thereq{, and the following facts and assumptions: a) the property is not located "vithin a.flood ;:Ol1C,' b) the Actual Height setforth above assumes a maximum o.f3feet o.{.....erticalfect in distancefrorn existing ground elevation to the average height of the centerline qfthe adjacent road and a maximum (~f9 additionalfeetfor architectural ro(~ftreatm('l1ls abol'e the maximum Zoned Height limit,. and c) the Actual Height cannot be fit!~v ascertained until an applicable Site Developrnent Plan is submitted. THIS SPACE INTENTIONALLY LEFT BLANK O:\200l\030218.00.00 Tree Flinn PUD\0006 PlID Application Supportlllth Suhmillal for BCC.2007-06. J 1 MPUD (Cepc Stips _ clean copy).doc 21 of26 , Agenda Item No. 88 June 26, 2007 Page 324 of 339 SECTION V PRESERVE AREA (P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as ~istrict "P", Preserve Area on Exhibit "A", MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED A. Principal Uses: I. Open spaces/nature preserves. B. Accessorv Uses: 1 . Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LOC. Fences and walls shall not be pennitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUO Exhibit "0", Compliance Agreement, and in accordance with the applicable provisions of the LOC. O:\2003\03021~.OO.OO Tree Fann PUD\0006 PUDApplication Support\8th Submittal for I::ICC\2007-0G-J] Ml'lID (Cepc Slips - clean coryl,doc 22 of 26 Agenda Item No. 88 June 26. 2007 Page 325 of 339 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the rcgulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition. any successors or assignee in title to the dcveloper are bound by any commitments within this Document. Thcse commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation. the dcvelopcr shall be released from responsibility for the commitments. 6.3 TRANSPORTATION The development of this MPUD Mastcr Devclopment Plan shall bc subjcct to and governed by the following conditions: A. All internal roads, drivcways, alleys, pathways, sidewalks and interconnections to adjaccnt developmcnts shall be operatcd and maintained by an entity created by the developer and Collier County shall havc no responsibility for maintenance of any such facilities. B. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvemcnt. C. If, in the sole opinion of Collicr County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined (0 be necessary, thc fair share cost of such improvement shall be borne by the developer. D. The applicant shall reserve rights-of-way for the future Collier Boulevard extension and Immokalee Road expansion and intersection improvements as depicted on the O:\20OJ\m0218.00.00 Tree Faml PUO\0006 PUD Application Suppol1\Xlh Submittal for BCC\2007-06-1 ] MPUD (Cepe Slips _ clean copyl.doc 230f26 . Aoenda Item No. 88 ~ June 26, 2007 Page 326 of 339 MPUD Master Plan (Right-of-way Reservations Tracts A, B, and C, totaling 7.42 +/- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the aforementioned impact fee credits for Tract B) all lands reserved as depicted on the MPUD Master Plan (as noted herein) within 90 days of written request of the County. E. The applicant shall construct a twelve foot (12') asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The green way shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farnl MPUD property. The developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-oj:way Reservation Tract "A" on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy (CO) within the MPUD. F. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with South Florida Water Management District permitting requirements. G. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes. H. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. 1. No Certificate of Occupancy (CO) for development within the Tree Fann MPUD will be issued until 6 laning of the following roadway segments has been substantially completed (that is fully open to traffic): 1. lmmokalee Road from Collier Boulevard west to 1-75 2. lmmokalee Road from Collier Boulevard East to 43,d Avenue N.W. 3. Collier Boulevard from lmmokalee Road south to Golden Gate Boulevard. J. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the developer shall be responsible 0:\2003\030218.00.00 Tree Farm I'UD\QOQ6 pun Application Sl.Ippurt\8th Submittal for BCC\2007-06-11 MPUD (CepC Stips - clean copy).doc 24 of 26 Agenda Item ~~o, 88 June 26, 2007 F'age 327 of 339 for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. 6.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve two areas to be granted as easements to Collier County for raw water wells. The dimensions of these well easements shall not to exceed 100 feet by 100 feet. The approximate location of these well easements is depicted on the MPUD Master Plan. The northerly raw water well easement site is located at the northeastern comer of the MPUD, and can be accessed from Immokalee Road Extension. There are two possible locations for the southerly raw water well easement site, Option A is located on the westerly boundary of the project, south of the "P" Preserve Tract, and is adjacent to an internal drive which, if selected, will include the necessary access and utility casements. Option B is located at thc southeast comer of the project and is located adjacent to Right-of-way Reservations Tracts A and B, and can be accessed from Immokalee Road Extension. The grant of these easements shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the respective wcll easement sites. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site eascment that meets the standard setback requirements for water wells. The developer shall also provide a temporary access easement within Right-of~way Rcservation Tract C should the Collier County Utilities Division require access to thc well sites prior to the grant of said right-of- way to Collier County. 6.5 ENVIRONMENTAL A. The developmcnt shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impaets to "listed species". A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to sitc plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 6.6 AFFORDABLE-WORKFORCE HOUSING: A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150% of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit O:\2003\OJ02 18.00.00 Tree !-'aml PtiD\0006 pun Applicmion Suppor1"8th Submittal for 11('('\2007-06.11 Ml'lln (C('PC Stips _ clean copyl.dDc 25 of 26 . Agenda Item No. 8B June 26, 2007 Page 328 of 339 falls into the 150% median income or below. Currently, that would allow a sales price of up to $321,000. The applicant will provide verification of the sales prices to Collier County's Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. B. The applicant shall make voluntary contributions to the Collier County Affordable Housing Trust Fund of $1,000 per dwelling unit and $0.50 per commercial square foot built in the project. THIS SPACE INTENTIONALLY LEFT BLANK 0:'-2003\030218.00.00 Tree Faml PUD\0006 PUD Application Support\8th Submittal for BCC\2007-06~ll MPUD (Cepe Stips - clean capYl.doc 26 of 26 EDWARD K. CHEFFY BOARD CEFlTIF1ED CIVIl. TnIALATTORNEY !JOARD CEATlFIED BUSINESS LITIGATION ATiCRNEY JOHN M. PASSIDOMO BOARD CERIIFIED REAL ESTATEATiOFJ;El' GEORGE A. WILSON BOARD CERTIFIED WI~, TRUSTS & ESTATES ATTORNEY F. EDWARD JOHNSON BOARD CERTfF1EDWllLS, TRUSTS & !:STATESATICRNEY JOHN D, KEHOE SOARD CERTIFIED CIVIL TnIAL AiTORNEY LOUIS D. D'AGOSTINQ BOARD CERTiFIED APPELLATE Pf\ACTICE ATTORNE'{ JEFF M, NOVATT DAVID A. ZULlAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON & JOHNSON ATToRNEYS IiI LAw; LU> 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORlDA 34102 TELEPHONE; (239) 261-9300 FAX: (239) 261.9782 EMAIL: CPWJ@napleslaw.com ;L.genda Item hJo. 8B June 26, 2007 Page 329 of 339 JEFFREY S. HOFFMAN BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORN1:Y LOUIS W. CHEFFY BOARD CERTlFIEl F.EAL ESTATEAiTDRNEY USA H. BARNETI BOARD CERTlFIED REAL ESTATE ATTQAI4EY CLAY C. BROOKER ANDREW H, REISS WILWAM J. DEMPSEY BOARD CERTIFIED REAL ESTATE ATTORNEY STANLEY A. BUNNER, JR. CHRISTOPHER J. THORNTON MICHAEL s. GROSS JASON O. LOWE OF COUNS2L GEORGE L VARNADOE iYIEMOR~'lDUM TO: Collier County Community Development & Environmental Services Division Staff and Collier County Planning Commission Christopher J. Thornton Tree Fann iVlPUD and Distribution of Activity Center Density April 23, 2007 FROM: RE: DATE: FACTS: Tree Fann Land Trust submitted PUDZ-2005-AR-8284, Tree Fann MPUD, Project Number 2004070026, which proposes to rezone a total of 58.84 acres of land zoned A-Rural Agricultural to lYJPUD. The petition was received by the county on September 6, 2005. The proposal includes a total of 425 residential units (convertible to ALF with proportional residential reduction) and 175,000 SF of commercial (of which a minimum of 5000 SF must be professional or medical office). Approximately 18.65 acres of the land is designated on the FL1J1v1 as Urban-Commercial District, Mixed Use Activity Center (ivfUAC) Subdistrict #3. The balance of the land, approximately 40.15 acres, is designated on the FLUM as Urban-Mixed Use District, Residential Subdistrict, and is within a residential density band. Staff has delennined that the project is not eligible to be a Master Planned ivfUAC because the petitioner does not have unified control over at least 51 % of the MUAC quadrant. The petition proposes to locate all of the commercial and 44 of the residentiai units within the MUAC, 100 of the units within 1/3 mile of the ivfUAC boundary, and the balance of the residential units (425-44-100 = 281 units) within the residential portion of the project. Staff agrees that the ma.,irnum allowable residential density for the project under the FLUE is 18.65 x 16 = 298 for the ivfUAC portion, plus 40.15 x (4+3) = 281 for the residential portion, for a total of 579 units (154 more than the proposed 425 units). However, staff has taken the position in the sufficiency comments and the staff rcport that the proposal to distribute any of the density generated by the ivfUAC to portions of the project outside the ivfUAC is inconsistent with the current version of the FLUE, but consistent with proposed EAR-based amendments to the FLUE. Since a total of 425 units are proposed, and only 281 units are generated by the residential portion, staffs position Page] of4 , Agenda Item No, 88 June 26, 2007 Page 330 of 339 is that the balance of 144 units should be locatcd within the MUAC to be consistent with the current version of the FLUE. ISSUE: For a mixed use project partly within and partiy without a MUAC, does the current FLUE allow residential density generated by the lvruAC portion of the project to be sprcad to portions of the project outside the lvruAC boundary? CONCLUSION: The plain language of the current FLUE in the fourth paragraph of section I.B.1 allows distribution of density for "residential development", and nothing in the FLUE limits this flexibility to "residential only" projects. If the addition of the fifth paragraph to I.B.! had been intended to prohibit density spreading for mixed use projects, then that prohibition would have been included when the fifth paragraph waS adopted in 2003. To read a prohibition of density spreading into the FLUE is inconsistent with the purpose and intent of the activity center provisions of the FLUE, which is to encourage commercial at certain locations. The staff s interpretations would operate as a disincentive to commercial in the activity centers by encouraging residential only development. The staff has already analyzed this issue, and the Mercato proj ect was approved in a manner allowing density spreading from activity centers. DISCUSSION: 1) Plain Lan!!ua!!e. The FLUE, as it currently exists, through Ord. 2005-25 adopted June 7, 2005, and without considering any potential EAR-based amendments to the FLUE, does clearly allow for the distribution of activity center density in a mixed use projcct to portions of the project outside the activity center, and therefore the petition is consistent with the FLUE. The operative language of the FLUE is in the Future Land Use Designation Description Section, Subsection LB. I, attached as Exhibit A. . The FLUE provides in the fourth paragraph of LB.l as follows: "For residential development", the allowable density is up to 16 units per acre, and "This dellSitol lIlav be distributed throllf[IIOUf the Dra/eel. i/1cludi/1f[ anv oortioll loeared olltside the boulldar\! or the i,fixed Use Activitol Cellter." The foregoing language allows exactly what is proposed by the petitioner, and there is no other provision of the FLUt that would make the language inapplicable to the project. The language is applicable by its terms to "residential development", and is not limited, as staff apparently reads it, to "residential only" development. The staffs analysis completely ignores this entire fourth paragraph of Section LB.l of the FLUE by reading words into the paragraph that are not there. Because the language of the FLUE allowing density spreading is not limited to "residential only" development, the language should be interpreted to be applicable to the residential components of the subject petition. . The fifth paragraph of Section LB.l of the FLUE, cited by the staff report as prohibiting the distribution of MUAC density outside the lYruAC boundary, does not contain any such prohibition. Vihat the fifth paragraph does say is that mixed use projects "'are allowed", and it goes on to clarify how residential density is calculated. The fifth paragraph does not contain any language regarding density spreading. 2 Agenda Item No. 88 June 26, 2007 Page 331 of 339 . The third paragraph of Section LB.!. of the FUJE provides that for actlvlty centers "the actual mix of the various land uses shall be determined during the rezoning process" based on consideration of listed factors, This language provides flexibility in the ultimate mix of uses during the zoning process, and therefore the mL'" of uses should not be used as a reason for a determination of inconsistency. 2) Legislative Historv. The fifth paragraph of Section I.B.1 of the FLUE regarding mixed use developments in activity centers, which is cited by staff for the proposition that density spreading is prohibited, was added by Ord. 2003-67, adopted December 16, 2003. Prior to 2003, the fourth paragraph clearly allowing density spreading "for residential development" was already included in the FLUE. When the fifth paragraph was added in 2003, there was no language included in the amendment that would limit the effect of the fourth paragraph to "residential only" projects. In fact, the fifth paragraph does not address density spreading at all. If the addition of the fifth paragraph regarding mixed use' development had been intended to disallow density spreading, then such language would have been included in the fifth paragraph when it was adopted. 3) Purpose and Intent. According to the second paragraph of Section LB.l of the FLUE, mixed use activity centers are intended to concentrate almost all new commercial zoning to locations where traffic impacts can be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. And according to the third paragraph of LB. I , mixed use activity centers are intended to be mixed use in character. In order to give incentive for mixed use projects, the maximum residential density for the mixed use activity centers is increased to 16 du/acre. The staffs interpretation would punish the petitioner for proposing a mixed use project by taking away the density spreading flexibility. If the intent of the FLlTE is to give incentives for commercial at the activity centers, then taking away the density spreading is inconsistent with that stated intent and would only encourage applicants to remove the commercial component from such projects. 4) Prior Determinations. The petitioner's position on this issue is consistent with prior determinations by staff, and density spreading has been approved by the BCC for at least one other similarly situated mixed use project. Therefore, it would be unfair to impose a different set of rules on this applicant. One example is the Mercato !vIP])D, Ord. No. 05-58, adopted by the BCC on November IS, 2005. According to the staff report for Mercato, the project was eligible for a ma,,,,imurn residential density of 24 acres x 3 du/acre = 72 units for the residential portion, and 27 acres x 16 du/acre = 432 units for the MUAC portion, for a maximum potential unit count of 432 + 72 = 504 units. As approved, the project has a ma,"{imum of 175 residentiai units, of which 50 are required to be located within the MUAC under Section 4,3 of the PUD document. Of the 175 approved units, only 72 are generated by the residential portion of the project, and therefore the balance of 103 units are generated by the MUAC. As approved, only 50 of those 103 lVIUAC units are required to be located within the MUAC, and 53 of the IvfUAC units arc allowed to be spread to the residential portion of the project. The 3 I Aoenda Item No, 88 ~ June 26, 2007 Page 332 of 339 Mercato staff report and executive summary, and an internal staff memorandum dated October 8, 2004 from Jean Jourdan to Ray Bellows, confirm that this exact density spreading issue was considered and analyzed by staff, and it was concluded that density spreading was allowed. Mercato cannot be distinguished from Tree Farm just because Mercato was designated as a Master Planned Mixed Use Activity Center. "Vhile the "master planned" designation does allow certain flexibilities not otherwise available, the provisions of Section LB.I of the FLUE regarding the master planned designation are silent with respect to the distribution of residential density outside the activity center. In other words, if density spreading was allowed at Mercato, it was not because r-.'1ercato was a master planned project, because the master planned provisions of the FLUE say nothing about density spreading outside the activity center. F:\wpdocs\LIT\GL V\Trce F::nm\JvlenlOs.07\-\ctivity Center Density .:.1-21-07 Bee 1.doc -+ A,aenda Item No, 88 " June 26. 2007 Page 333 of 339 Exhibit A (I of 5") to eliminate any uses permitted within the applicable underlying land use designation. (XIII) 3,Density Blending Conditions and Limitations for Properties Straddling Receiving and Neutral Lands within the Rural Fringe Mixed Use District (a) The project shall straddle Receiving Lands and Neutral Lands in the Rural Fringe Mixed Use District. (b) The project in aggregate shall be a minimum of 80 acres in size. (c) At least 25% of the project shall be located in Receiving Lands. The project shall extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County. (d) The project shall be encouraged to be in the form of a PUD. (e) It shall be demonstrated that development on the site Is to be located so as to Preserve and protect the highest quality native vegetation and/or habitat on- site and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas. (I) The project shall comply with the native vegetation requirements applicable to Neutral Lands, as set forth in the CCME. (g) Permitted uses for density blending under this provision shall include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral Area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. if\ 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3.000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately, Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations Identified in the Marco Island Master Plan and Future Land Use Map. (1I)(IV)(V)(VI)(XI)(XIV)The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic Impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development. and to create focal if 1-- points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infrll Commercial Subdistrict. Interchange Activity Center Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict. Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commerciallniill Subdistrict. Henderson Creek Mixed Use Subdistrict, Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict, Livingston Road Commerciallnfill Subdistrict, Buckley Mixed Use Subdistrict. Davis Boulevard/County Barn Road Mixed-Use Subdistrict, Commercial Mixed Use Subdistrict, Davis Boulevard/County Barn Road Mixed-Use Subdistrict, Livingston/Radio Road Commerciallnfill Subdistrict, Livingston RoadNeterans Memorial Bouievard . Agenda Item No. 88 June 26, 2007 Page 334 of 339 f'f-htbtt A ('2... 4, 5; Commerciallniill Subdistrict, Vanderbilt Beach Road Nieghborhood Commercial Subdistrict, and the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 5.9.5.10, and 5.11 of the Future Land Use Element. if) Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed beiow. For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. (XII)Mixed use developments - whether consisting of residential units located above commercial uses, in an attached building. or in a freestanding building - are allowed. Such mixed-use projects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or residential. Street, 'tr t' pedestrian pathway and bike iane interconnections with adjacent properties, where possible .J and practicable, are encouraged. Density is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre, If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. 'ff4 The factors to consider during review of a rezone petition are as follows: Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land DeveloPiTlent Code. The amount, type and iocation of existing zoned commercial iand, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; Adequacy of infrastructure capacity, particularly roads; Compatibility of the proposed development with, and adequacy of buffering for. adjoining properties; Natural or man-made constraints; Rezoning criteria identified in the Land Development Code; Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code; Aqenda Item No. 88 - June 26. 2007 Page 335 of 339 E'f~dJ ,'+ A (~ of. 5) Coordinated traffic fiow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis. and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard # 8 Airport Road and Golden Gate Parkway #11 Vanderbilt Beach Road and Airport Road #12 US 41 and Pine Ridge Road #13 Airport Road and Pine Ridge Road #15 Goiden Gate Parkway and Coronado Boulevard #16 US 41 and Airport Road #17 US 41 and Rattlesnake-Hammock Road #18 US 41 and Isles of Capri Road #20 US 41 and Wiggins Pass Road The mix of uses in all of tbese specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from 80 to 100% commercially zoned and/or developed property, Activity Center #6 is approximately 60% commercially zoned and/or developed. For purposes of these specifically designated Activity Centers, the entire Activity Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential and/or community facilities, Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form of a Planned Unit Deveiopment, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners wilhin Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway In recognition of the benefrt resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowance of lIexibility in the bouhdaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated configuration, The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and . Agenda item No, 88 June 26. 2007 Page 336 of 339 ~'f-~\hit A (to( o-t 5) subject to modification during iinal site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers, All of the following criteria must be met for a project to qualify as a Master Planned Mixed Use Activity Center: 1. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However. if a property owner has less than 51 % ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51 % ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control; The permitted land uses for a Master Planned Mixed Use Activity Center shall (XI) be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial uses permitted at Activity Center # 3 is 40 acres per quadrant for a totai of 160 acres maximum in the entire Activity Center; the balance of the iand area shall be for residential and/or community facility uses. The maximum amount of commercial uses permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres. for a total oi 179 acres maximum in the entire Activity Center; the balance of the iand area shall be for residential and/or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, development shall be limited to a total of 185.000 square feet of the following uses; personal indoor self-storage facilities - this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, inciuding but not limited to architects, engineers, land surveyors and attorneys - these offices oi related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint. glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers. Activity Center #14 shall have a maximum of 45 acres for commerciai use, the balance of the land uses shall be for residential and/or community facility uses. Activity Centers #2 and #5 have approximately 80% oi the area zoned of developed for Aaenda Item No 88 ~ June 26. 2007 Page 337 of 339 S'f ~ ; b (' + A (s- 0 t 5) commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. 3. The location and configuration of all land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site Features, surrounding development, and existing natural and man made constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and functionally related or integrated with surrounding land uses and the planned transportation network; and 4. Adjacent properties within the Activity Center that are not under the unified control of the applicant shall be considered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: . The intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads. based upon roadway classifications in the Traffic Circulation Element. . The Mixed Use Activity Center is no closer than two miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. . Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed iocation. 2. InterchanQe Activitv Center Subdistrict Interchange Activity Centers have been designated on the Future Land Use Map at each of the three Interstate 75 interChanges and include numbers 4, 9 and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers #4 and #10 allow for a mixture of land uses - which may include 100% or any combination thereof. of each of the following uses: the full array of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center #4. No Industnal uses shall be allowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amendment and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a I Agenda Item No. 88 June 26, 2007 Page 338 of 339 AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ) ss: ) BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Robert J. Mulhere, who upon being duly sworn, deposes and says: I. Whereas, Robert Mulhere of RW A, Inc. is the Owner's agent for the Tree Farm MPUD Petition # PUDZ-2005-AR-8284; and 2. R W A has conducted public records searches specifically pertammg historical information for Folio # 00187400002, a.k.a. the "Center 20 Acre Parcel"; and 3. No Notices of Violation regarding clearing of native vegetation for the Center 20 Acre Parcel could be found within the public records of Collier County; and 4. No records of Native Vegetation Removal Permits or Notices of Commencement for agricultural clearing of the Center 20 Acre Parcel could be found within the records of the Collier County Environmental Permitting and Review Department; and 5. A historic aerial photograph of the subject parcel was obtained from the Collier County Soil and Water Conservation District dated November 14, 1975 showing the Center 20 Acre Parcel covered with native vegetation; and 6. A historic aerial photograph of the Center 20 Acre Parcel was obtained from the Collier County Property Appraiser's Office dated February 24, 198 I, showing the parcel cleared of natural vegetation and planted with rows of trees; and 7. The parcel began receiving agricultural exemption tax status in 1981; and 8. The subject parcel was in continual bona fide agricultural use from 1981 through 2002; and 1 of2 0:\2003\030218.00.00 Tree Farm PUDlOOOS Public Participation PlanlAffidavit of Research. doc Agenda Item No. 88 June 26, 2007 Page 339 of 339 9 The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge ofthe facts stated herein FURTHER AFF lANT SA YE TH NAUGHT Nariie Z'/~ " The foregoing instrument was sworn to, subscribed and acknowledged before me this .If\o..dayof (\!\cu..'i6 ,200-=:Lby Ro{',E,,-, ::::5. MVL~Ie..~E Cwho rs personally knO\vn. l11Yor has produced _.~ as identification (i~< 11llSHAMCPIERSON i>: ,," MY COMMISSION' DO 632390 ~.. .i'~l EXPIRES: January 23. 2011 ~if......" BondliIclThruNclaryPlJbIictJndglWlllSrs -J f\-'4't\R. (y) CPk~ Notary Public Printed Name: .-i,ZISMA f\;(cA.tuc'So.J My Commission Expires: (;j.;:):?_ i I [Notary Seal] 2 of 2 0:\2003\0302] 8 00 00 Tree Farm PUDl0005 Public Participation Plan'Aflidavit of Research doc . LEGAL CONSIDERATIONS: This is a site specific rezone from the Rural Agriculture (A) Zoning District to Mixed-Use Planned Unit Development (MPOO) Zoning District for a project known as Tree Farm MPOO. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Consider: Conformity of the proposed POO with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with POO regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications ~t3 {p/Ol.(p/O 7 are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed POO Rezone be appropriate considering the existing land use pattern? 11. Would the requested POO Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed POO rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the POO rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. 06...cPS-00376143 ,~ ,-~. Agenda Item No, 8e June 26, 2007 Page 1 of211 EXECUTIVE SUMMARY PUDZ-2005-AR-8379 Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD for property located on the cast side of Collier Boulevard (CR-951) and approximately ';4 mile north of Vanderbilt Beach Road and further described as 14290 - 14300 Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject site from a Rural Agriculture (A) zoning district to a RPUD zoning district for the purpose of permitting a planned residential development with an affordable housing density bonus and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner desires a rezoning of approximately 29.9 acres to RPUD for the purpose of developing 207 dwelling units of which 20 percent of the total nwnber of units shall be for GAP and affordable/workforce housing, subj ect to an agreement between the developer and the Board of County Commissioners authorizing the affordable housing density bonus and imposing covenants and restrictions. The petitioner had originally requested 238 units, but after discussions with the adjoining neighbors (Vanderbilt Country Club Homeowners Association), the petitioner has agreed to reduce the total number of dwelling units to 207, as well as to provide a wider building separation for residential structures along the northern property line. The base density of the project is 4 dwelling units per acre and the density bonus for affordable/workforce housing is 2.97 dwelling units per acre. This results in a total of 6.97 units per acre. Access to the subject property shall be from CR-951. The PUD Master Plan (See Exhibit "C" of the RPUD Ordinance) depicts an access drive extending 1,350 feet to the area proposed for multi-family residential development. The access drive will be paralleled by a 1.89 acre lake area and a 4.15 acre preserve area. A portion of this developmcnt's wetland preserve area aligns with the proposed future wetland preserve to the south, which is a part of the Bucks Run MPUD. A future shared access [or the undeveloped property to the north has been provided, and language has been provided in the PUD to ensme that the placement of a gate will provide sufficient area for shared access on the main access drive to allow the access to the north. A wall and vegetative landscaping buffering is proposed along the north, east, and south property boundary of the residential development area. Those wall areas adjoining the Vanderbilt Country Club PUD to the north and east are proposed to be constructed at the outset of development prior to the start of horizontal construction. Page 1 of5 Agenda Item No. Be June 26, 2007 Page 2 of 211 ~ FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvcment Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated TranspOliation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational pUlposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: ~ The subject property is designated Urban (Urban ~ Mixed Use District, Urban Residential Subdistrict), as identified in the Future Land Use Element (FLUE) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict pemlits residential development (variety of unit types) at a base density of four (4) residential units per gross acre, plus any applicable and requested density bonuses, and recreation and open space uses. The applicant is requesting an affordable workforce housing density bonus, at a density of 2.97 dwelling units per acre, or a total of 207 dwelling units, for a gross dcnsity of 6.97 units per acre. Based upon the above analysis, staff concludes that the proposed rezone may be found consistent with the Future Land Use Element (FLUE). AFFORDABLE HOUSING IMPACT: The RPUD proposes 207 dwelling units of which 20 percent of the total number of units shall be for GAP and affordable/workforce housing, subject to the Affordable Housing Density Bonus Agreement between the developer and the Board of County Commissioners authorizing the affordable housing density bonus and imposing covenants and restrictions. ENVIRONMENTAL ISSUES: Environmental Services Departmcnt Staff has reviewed the petition and has recommended approval subject to the conditions contained in Exhibit "F.6" of the RPUD Ordinance. ~ Page 2 of 5 Agenda Item No. Be June 26. 2007 Page 3 of 211 ~ ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) was not required to review this petition because the subject property had been previously impacted with the previous uses. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on May 3, 2007 and continued it to their May 17,2007 meeting. The CCPC heard petition PUDZ-2005-AR-8379 on May 17, 2007 and by a vote of 9 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. The BCC approve a deviation from LDC Section 6.06.01 that requires a 60-foot wide local road right-of-way to allow for a 42-foot right-of-way width per the petitioner's request. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from the Rural Agriculture (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project known as the Boxwood RPUD. Site specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set fOlih below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to detennine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal docs not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourse(fthe following questions. The answers assist you in making a determination for approval or l1Ot. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and reeommendations of this type shall be made only after eonsultation with the eounty attorney. _.. Page 3 of5 Agenda Item No. Be June 26, 2007 Page 4 of 211 - 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of developmcnt (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ~ 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? IO. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? II. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. --. 14. Will the proposed change adversely influence living conditions in the neighborhood? IS. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? l8. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? Page 4 of5 Agenda Item No. Be June 26. 2007 Page 5of211 .- 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used m accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch.106, Art. II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? ~ The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BeC hearing as these items relate to these criteria. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2005-AR- 8379 subject to the following condition: I. The BCC approve a deviation from LDC Section 6.06.01 that requires a 60-foot wide local road right-of-way to allow for a 42-foot right-of-way width per the petitioner's request. PREPARED BY: Michael 1. DeRuntz, CFM, Principal Planner Department of Zoning and Land Development Review ,-- Page 5 01'5 Item Number. Item Summary: Meeting Date: Page 1 of 1 Agenda Item i~o. 8e June 26, 2007 Page 6 of211 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Be This Item was continued from the June 12, 2007 BCe Meeting. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PetitlolT PUDZ,2005-AR,8379 (MDl Home Dynamics oj r,Japles, LLC, represented by Robert Duane, AICP, oi Hole Montes, Inc.. is requesting a rezone from the r,gricultural {A} zoning distnct to Ihe Residential Planned Unit Development (RPUD) zoning district tor project to be known as Boxwood RPUD The subject property consisting of 29,69 acres, with a maximum ot207 residential dwelling units Of which 20 percent of the total n umber of units will be for ,;,ffordable.V'Jorktorce Housing, is located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East Collier County, Florida 6/25/20079,OOOO,.I,M Princ;palPlanner Date Prepared By Michael J. DeRuntz Community Development & Environmefltal5ervices Zoning & Land Development Review 5/24/200712:09:56PM Marlene Stewart Executive Secretary Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin. 5/25/20073:10 PM Approved By Operations Analyst Date JudyPuig Community Development & Environmental Services Community Development & Environmf'nlal Services Admin. 5/25120073:33 PM Approved By Date Marjorie M. Student. Stirling Assistant County Attorney 6/41(:0073:45 PM ApprovellBy County Attorney County Attorney Office Ray Bellows ChiefPlilnner Dale Community Development & Environmental Services Zoning & Land Development Review 61512007315AM Susan Murray,AICP Zoning & Land DevcloprnentDireclor Date AllprovcdBy Community Development & Environmental Services Zoning & Land Development Review 6/5/2007 B:21l AM NickCllsalanguida MPO Director Date Approvell By Tran:;.portationService:;. TransportutionPlanning b/5120074;20PM Approved By JosephK, Schmitt Community Development & Environmental Services Community Devolopment & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/14120071:08 PM OMBCoordinator Applications Analyst Date Approved By AdministraliveServiees Information Technology 6/14/20071:1<; PM Mark Isackson Budget Analyst Date Appro\'ed By County Manager's Office Office of Manag"ment & Budget 6/14120071;41 PM Approved By James V, Mudd BoardofCounly Commissioners County Manager OM' County Manager'sOfflee 6/14120074:55 PM fil",.IJ('.\Aq"'n(hT"'~t\F'l/nnrt\R"i_l,'n,.O;;.71l"f. o/n71l71l1l7\IlR o/n11la n\TFRTlo;;;:pnO/n'){)PT lRl TI' I'.!')(i!'){)(i'7 Agenda Item No. 8e June 26, 2007 Page 7 of211 SUPPLEMENTAL EXECUTIVE SUMMARY PUDZ-2005-AR-8379 Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD for property located on the east side of Collier Boulevard (CR-951) and approximately '4 mile north ofVanderbiIt Beach Road and further described as 14290 - 14300 Collier Boulevard, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. At the June 12,2007, Board of County Commissions (BCe) meeting, Richard D. Yovanovich, Esq., representative, for the rezoning petition PUDZ-2005-AR-8379, Boxwood RPUD, requested that the BCC continue their review of this petition to the next regular BCC meeting on June 26, 2007. This action was requested because the Commissioners were interested in receiving a financial feasibility analysis of proportion of homes being requested through the "Affordable Housing Density Bonus Agreement." Mr.Yovanovich will be handing out the financial feasibility analysis during the June 26, 2007 BCC meeting, as requested by the Commissioners at the June 12,2007 BCC meeting. PREPARED BY: Michael J. DeRuntz, CFM. Principal Planner . Agenda Item No. Be June 26, 2007 Page B of 211 Co~r County - --........ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 19,2007 SUBJECT: PETITION PUDZ-05-AR-8379, BOXWOOD RPUD AGENT/APPLICANT: Owner: Home Dynamics of Naples, LLC 4788 West Commercial Blvd. Tamarac, FL 34110 Agent: Robert Duane, AICP Hole Montes, Inc 950 Encore Way Naples, Fl34110 Richard D. Y ovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail, North, Suite 300 Naples, FL 34110 REOUESTED ACTION: Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. GEOGRAPHIC LOCATION: The subject property is located on the east side of Collier Blvd. (C.R. 951) approximately \4 mile north of Vanderbilt Beach Rd. in Section 35, Township 48 South, Range 26 East. (See Location Map on the following page) PUDZ-OS.AR-8379, BOXWOOD RPUD cepe MEETING APRIL 19,2007 Page 1 of19 Agenda Item No. Be June 26, 2007 Page 9 of 211 The Next Two Pages Should contain the Location Map and the pun Master Plan PURPOSE/DESCRIPTION OF PROJECT: PLJDZ-05-AR-8379, BOXWOOD RPUD Page2of19 cepe MEETING APRIL] 9,2007 r Agenda Item No. Be June 26. 2007 Page 10 of 211 The subject property is located on the east side of Collier Boulevard (CR 951) approximately one- quarter ('4) mile north of Vanderbilt Beach Road (CR 862) and comprises 29.9 acres. Prior to purchase by Home Dynamics of Naples, LLC, the subject property was used for a horticultural nursery at the time of the application for rezoning. The property is currently developed with a single- family dwelling unit and a nursery related accessory structure. This site currently drains from the northeast to the southwest to a canal along the western property boundary. The RPUD proposes 238 dwelling units of which 30 percent of the total number of units shall be for GAP and affordable/workforce housing, subject to an agreement between the developer and the Board of County Commissioners (BCC) authorizing the affordable housing density bonus and imposing covenants and restrictions. The base density of the project is 4 dwelling units per acre and the density bonus for affordable/workforce housing is 3.95 dwelling units per acre. This results in a total of7.95 units per acre. Access to the subject property shall be from CR-951. An existing bridge spans the Big Cypress Basin Canal, which provides access to the subject. The petitioner has proposed that "No Certificate of Occupancy (CO) shall be issued for residential dwellings until such time as Collier Boulevard (CR 951) is widened to six lanes from lmmokalee Road (CR 846) to Vanderbilt Beach Road (CR 862)." j ~~Ii)f~IlI"T lfto\Ui ~(lU...R'I' tl ~r, <-.[' .~ i ! r 5 1 ".,,"-.....'.,.t....,"'w........,.~y 1.",x~~..-lJll"~.or1UM , M'~\ .1 ,.......,..... I "- \ . ., " ';,. e.~ " ~ "'! ~... ~;! '" .~. . .!i..;." L . i!\>......."" '" .. .k2." ;..,-~..........- .. ~_.- .. ~"~.- --_. ~.,.....,~:' '0"," ',' I /,. "1i[""1 fi'If" j" ,1,.''''-'.'' i", . .~ f, J: 1'.- f, !& \, !Ci, i~ Il,'! I ;,_....~... .~...,~ .,. ~."."._.' 1< .,' ,II, i~ ',I ,.J" d', 'it l"i. '0 .....~.-.."i~ ~J!t.; rj'14 L..t.{ it? 'i trt~; \ \ ~~ "'--"". Ih4.'!~' If l"H'~'" ___.i~,~'^[-~.~~.~t:~~~i?tt~-.::~~~.~..~: _" _~~.~:~.,:;'! r <'b,~~,~~.:.:..>A _ ;" ~~\",~u.-."'1.",~r....,. "-"':.f'l~ ; ,-....j , flIJC1(5 ~JPI: "'" I\I.JCd.JIWI \/f'JJ) ! , I A~'<>SS 'r-~~.:-=--.. -:~'" ....,""'<"~... tIk~ ,,~ ; : .0 () I ! ~ aJ, ,. '1 l-AlJDl':El"'J: I.,=-=."'U~ ....0 ,.otOOU::;_j_ *WI,,,,,,",,, '_"'O<"Uo"_ ...'oc"'........ ".. --~ '/~ - .,".....,;~'I- ""'-'1'Ol "Q.al;"~"- 'Nl,,,,- 1I1U0I:10_1+ ";J'g;'I''':::''''''-'''C~<:~''~ ~~_'-"""'..<I.>ltr..~l_::t:';JI &A_~ "',hIO,~ ~ M """.-...11 _..n..lll'u......'"'"".....,.._.. 0.""-........,..-.... It'~-- 0"'--- ~...~"'..... t.J\l~L"! lA O"-..LJ'll'i l~ITS .. lJa WJMn .CtlDfl The PUD Master Plan depicts an access drive extending 1,350-feet to the area proposed for multi- family residential development. The access drive will be paralleled by a 1.89 acre lake area and a 4.15 acre preserve area. A portion of this development's wetland preserve area aligns with the proposed future wetland preserve to the south, which is a part of Bucks Run MPUD. A future shared access for the undeveloped property to the north has been provided, and language has been provided in the PUD to ensure that the placement of a gate will provide sufficient area for shared access on the main access drive to allow the access to the north. PUDZ-05-AR-8379, BOXWOOD RPUD cepe MEETING APRIL 19.2007 Page 3 of19 Agenda Item No. Be June 26, 2007 Page 11 of211 The proposed permitted principal uses are single-family detached dwellings, single-family attached dwellings, two-family patio and zero lot line, townhouses, and multi-family residential dwelling units. Minimwn lot areas range from 5,000 square feet for single-family detached dwelling units to 4,000 square feet for two-family patio and zero lot line dwelling units. The maximum height is proposed to be 25-feet or two stories. Wall and landscaping buffering is proposed along the north, east, and south property boundary of the residential development area. Those wall areas adjoining the Vanderbilt County Club PUD to the north and east are proposed to be constructed at the outset of construction prior to the start of horizontal construction. SURROUNDING LAND USE AND ZONING: Subject Parcel: Residential and Agricultural Nursery, zoned A Surrounding- North: Vacant & Vanderbilt Country Club/2A8 units per acre, zoned A & POD East: Vanderbilt Country Club/2A8 units per acre, zoned PUD South: Bucks Run - Vacant/4 units per acre, zoned MPUD West: CR 951, lndusuial, Residential & vacant Sonoma Oakes MPUD/4 units per acre), zoned county right-of-way then A & MPUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified in the Future Land Use Element (FLUE) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of four (4) residential units per gross acre, plus any applicable and requested density bonuses, and recreation and open space uses. The applicant is requesting an affordable workforce housing density bonus, at a density of 3.95 dwelling units per acre, or a total of 238 dwelling wlits, for a gross density of 7.95 units per acre. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The proposed PUD is accessed by Collier Boulevard (C.R. 951), which is a minor arterial road according to the Transportation Element and therefore consistent with this policy.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (A loop road is not depicted on the conceptual PUD Master Plan; however, due to the property configuration, a loop road is not possible and therefore not required.) PUDZ-05-AR-8379, BOXWOOD RPUD Pagc4of19 C(,PC MEETING APRIL 19,2007 J Agenda Item No. 8e June 26, 2007 Page 12 of 211 AERIAL MAP Policy 7.3: All new and eXlstmg developments shall he encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Interconnection has been provided to the property that is south of the subject property, and is shown on the CPUD Master Plan. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (This PUD provides open space and community facility uses and sidewalks, as depicted on the conceptual plan. 30 percent of the project, or 72 units, will be affordable workforce housing multi-family dwelling units. ) PUDZ-QS-AR-8379, BOXWOOD RPUD cepe MEETING APRIL 19, 2007 Page5of19 Agenda Item No. Be June 26, 2007 Page 13 of 211 Based upon the above analysis, staff concludes that the proposed rezone may be found consistent with the Future Land Use Element (FLUE); however, one correction as noted above should be addressed. I I I I. ~ Ili'P'lJD.......' .~- _ri - A' i~ SUBJECT ERTY , I' i i . ~ ~ I' , I I I 11 x "I , DUD" -.- A' ~ -.._____i ~ " 1-.' !\ ! , II~'< ~ -"'--~'~'I'" ----"._~~.- ...- ZONING MAP Transportation Element: The project has been reviewed by Transportation Staff and has been shown to produce a total of 120 PM Peak Hour trips, 80 entering and 40 exiting. The immediately adjacent Collier Boulevard roadway is currently under construction and is anticipated to be substantially complete in the six lane condition by the second quarter of 2009. Collier Boulevard (CR 951) is classified as a minor arterial roadway, which cUlTently has two to four lanes, and is scheduled to be improved six lane condition by the second quarter of 2009 in the vicinity of this project. The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan as the 20] 2 planning and review horizon year shows capacity is available. ANAL YSIS: Staff completed a comprehensive evaluation of this land use petition and the critelia on which a favorable detcrmination must be based. These criteria are specifically noted in Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also uses these criteria as the basis for their recommendation. Appropriate evaluation of petitions for PUDs should establish a factual basis for suppOllive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the statfreview are listed under each of the criterion noted and are summarized by staff, culminating in a detem1ination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). PUDZ-05-AR-R379, BOXWOOD RPUD Page 6 01']9 cepc MEETING APRIL 19,2007 r Agenda Item No. 8e June 26, 2007 Page 14 of 211 Affordable Housing Imoact: The developer has committed to construct 30 percent of the project's 238 dwelling units as GAP and workforce housing units in exchange for a density bonus of 3.95 dwelling units per acre. These commitments are further outlined in an Agreement Authorizing Affordable Workforce Housing Density and Imposing Covenants and Restrictions on Real Property that is a companion item to this rezoning request (See Exhibit C). Environmental Analvsis: Environmental Services Staff has reviewed the petition and has recommended approval subject to the conditions contained in Exhibit "F 8" of the Application. The Environmental Advisory Council (EAC) was not required to review this petition because the subject property had been previously impacted with the previous uses. Transoortation Analvsis: Staff recommends that all offsite improvements that may be constructed on Collier Boulevard by the County are paid in full with respect to the actual costs including design, permitting, mitigation, and construction. The following transportation elements were included in the petition: . Payment in lieu of sidewalks and bike lanes, . Throat depth for the main access drive shall be no less than 100-feet, . The turn around area shall have sufficient width and sufficient inside turning radii between access device and gate, . Access limitations to right-in and right -out only, with no median openings on Collier Boulevard (CR 951), . Private maintenance of internal roadway and sidewalk systems, . No work shall be performed within the site boundaries until all developer commitments have been met, . Bridge widening or other modification shall require appropriate permits from South Florida Water Management District (SFWMD). Transportation Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Exhibit "F I." of the Application and which has been incorporated into the Ordinance for Adoption. Utilitv Issues: The Utilities Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.4 of the RPUD Document, which includes the reservation of a 50-foot by 120- foot raw water well easement. Zoning and Land Develooment Review Analvsis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the GMP. The subject property is designated Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan (GMP). This district permits residential uses, as proposed, at the PUDZ-ClS-AR-8379, BOXWOOD RPUD cepc MEETING APRIL 19,2007 Page 7 of19 Agenda Item No. Be June 26, 2007 Page 15 of 211 density proposed. Staff believes that the petitioner's requested uses and density are compatible with the FLUE, thus this petition is consistent with the GMP. Relationship to Existing Land Uses - The subject property is located in the Rural Agricultural (A) district. Presently, the subject property has been altered extensively through past plant nursery uses, and currently contains an accessory building and a single-family structure. Immediately to the north of the subject property is undeveloped woodlands. To the north and east of the site there is residential development (Vanderbilt Country Club PUD), which was approved for a total of 800 dwelling units on 323 acres (2.48 dwelling units per acre). The Bucks Run MPUD, which is located to the south, has not stmted development, but was approved for 154 dwelling units on 39.062: acres (4.00 dwelling units per acre). The Sonoma Oaks MPUD, which is located west of the subject property, was approved for 112 dwelling units on 38.52: acres (4 dwelling units per acre). Staff believes the density of 7.95 dwelling units per acre exceeds the residential density of the surrounding residential developments, but it is consistent with the GMP's Housing Element Goals and Policies for "Affordable and Workforce Housing." The proposed uses for the project are compatible with and comparable to surrounding development and will not adversely impact the existing residential land uses in the area subject to the ameliorating elements such as walls and landscaping that is proposed along the north, east, and southern boundaries of the residential development area which will meet the goals of the GMP and enhance the aesthetic quality of this area. In addition, the maximum building zoned height is 25-feet for the single-family dwelling units and 25-feet for the town-home and multi-family dwelling units. This is comparable to the 35-foot maximum height for single-family and zero lot line single-family and three stories over parking for condominiums approved for Vanderbilt County Club PUD, 35-feet for the single-family dwelling units and townhome and 45-feet for multi-family dwelling units for the Sonoma Oaks MPUD, and the 35-foot maximum height for the east side and 40-feet for the wcst side approved for the Bucks Run MPUD. The opportunity to provide an interconnection to the undeveloped property to the north meets Objective 9 of the Transportation Element for the GMP, which recommends that future developments should strive to provide interconnections of local streets between developments to facilitate convenient movement throughout the roadway network, and multiple points of ingress and egress for greatcr accessibility for public safety. Deviation Discussion: The petitioner is seeking one deviation as identified in Exhibit E of the PUD Rezone Application. The petitioner has provided justification in support of the deviations in correspondence received by the staff with the application on Deccmber 1,2004 (Exhibit D). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation I seeks relief from LDC Section 6.06.01 for the 60 foot right-of-way width requirements. The petitioner is seeking relief from the requirement to provide a 60-foot wide local road right-of- way. The petitioner is proposing that: The private roadway shall have a 42 foot right-of-way width and is to be built with an inverted crown (runoff flows to the center of the roadway). The petitioner provided the following justification for this deviation: "That this deviation has been routinely granted and this \Vidth can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. .. PUDZ-05-AR-8379, BOX\VOOD RPlJD cepe MEETING APRIL 19,2007 Page 8 ofl9 r Agenda Item No. 8e June 26, 2007 Page 16 of 211 Staff is supportive of deviation No.1 with the stipulation that the streets shall remain private. The proposed interior roadway system is privately maintained. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM on November 9, 2006 at the Vanderbilt Country Club, at 5:30 p.m. Approximately 50 people attended, including the applicant's team and county staff. Agent for the applicant, Robert Duane of Hole Montes, Inc., presented a brief overview of the proposed zoning request and development plan. A question and answer period ensued, with input from Richard Y ovanovich, attorney for the applicant, the developers and county staff project planner. Among the comments, questions, concerns and commitments, the following was stated: . Access will be Right In, Right Out from Collier Blvd. (C.R. 951) . Amenities to include a community pool and cabana . The masonry wall agreement with Vanderbilt Country Club will be 6 feet high, including a vegetative buffer on both sides ofthe wall . The applicant will seek Right of Way deviation . The "affordable housing" element will contain 48 units of "Gap" housing: 81 %-150% of median income calculation and 24 units of "workforce" housing: 61 %-80% of median income calculation for a minimum of 30% of the total residential units proposed . The product will be configured in 2-story town homes . The "affordable housing" units will be distributed throughout the entire development . The site wetlands preserve will be contiguous with neighboring development(s) . The developers, Home Dynamics of Naples, LLC, have built projects on the east coast and are currently building "Amberton" on Immokalee Road; Mr. Yovanovich offered to take interested parties on a tour of the developers' projects. . Mr. Yovanovich committed to providing the landscape plan and rear elevation(s) to Vanderbilt HOA president/members at least three weeks before the CCPC public hearing . Several people stated they want the wall built before site construction, although the applicant did not respond to the comments with a commitment. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-05-AR-8379, Boxwood RPUD subject the conditions of approval that have been incorporated in the Ordinance of Adoption. PREPARED BY: PUDZ-05-AR-8379, BOXWOOD RPUD cepe MEETING APRIL 19,2007 Page9of19 MICHAEL 1. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Agenda Item No. Be June 26. 2007 Page 17 of 211 REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the May 22, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Exhibit A - Zoning Findings Exhibit B - Findings for PUD Exhibit C - Agreement Authorizing Affordable Workforce Housing Density and Imposing Covenants and Restrictions on Real Property Exhibit D - Application REZONE FINDINGS PETITION PUDZ-OS-AR-8379, BOXWOOD RPUD PUDZ-05-AR-8379, BOXWOOD RPUD Page 100fl9 cepe MEETING APRIL 19,2007 T Agenda Item No. Be June 26, 2007 Page 18 of 211 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject property is located within the Urban (Urban ~ Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Specific development requirements are established in the GMP, and the RPUD Application contains appropriate references assuring compliance with the provisions of the FLUE. Con: The staff is concerned with the proposed inconsistency of the density of the proposed petition and it's the compatibility to the adjoining properties. Findings: Based on the staffs review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and addresses the need for affordable and workforce housing. 2. The existing land use pattern; Pro: The Location and Zoning Maps that are attached to the staff report show the Boxwood RPUD site is located between existing developed or developing residential properties and GMP Housing Element Policy 1.4 support programs which are designed to promote and encourage that affordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to, density bonus agreements, and impact fees waivers or referrals. In addition, affordable housing will be located where adequate infrastructure and services are available. The proposed amendment is consistent with the Future Land Use designation for this area. Con: The petitioner's proposes residential uses that are at a higher density and not compatible with the adjoining residential land uses in activity intensity. Findings: Staff believes that the petition has provided adequate ameliorating factors to offset the adverse impacts from the proposed land uses. EXHIBIT" A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The Boxwood RPUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Review staff indicates that since the applicable adequate public facilities either exist or will be PUDZ-05.AR-8379, BOXWOOD RPUD cepe MEETING APRIL \ 9. 2007 Page 11 of19 Agenda Item No. 8e June 26, 2007 Page 19 of 211 provided and that the petition is willing to phase the start and approval of the development upon the completion of critical facilities, the amendment will not create an isolated district Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a commercial district which is compatible with the adjacent and nearby zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The subject site adjoins a future six lane County roadway Collier Boulevard (CR 951) to the west, existing residential to the north and east, and a proposed planned residential development to the south. The subject site basically fits within an area that is undeveloped. Con: None Findings: The residential parcel boundaries are logically drawn and they are consistent with the Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because is does not change the land use which continue to be in harmony with the GMP Housing Element Policy 1.4 support programs which are designed to promote and encourage the that affordable housing will be distributed equitably throughout the County. Con: The proposed petition was a voluntary action by the petitioner's selection of the subject property. This site requires the BCC to make a finding that the project is consistent with the GMP, LDC, and approve Agreement Authorizing Affordable Workforce Housing Density and Imposing Covenants and Restrictions on Real Property. Findings: The proposed Boxwood RPUD is compatible with adjacent land uses due to the ameliorating element provided through wall and landscaping buffering along the north, east, and southern boundaries of the residential development area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County's current land use policies in the F.L.U.E. support the action to encourage a variety of housing types and affordability opportunities. PUDZ..o5-AR-8379, BOXWOOD RPlJD Page ]2 of 19 cepe MEETING APRIL 19,2007 . Agenda Item No. Be June 26, 2007 Page 20 of 211 Con: Some of the surrounding residential home owners may oppose the construction of an affordable housing project within or close to their neighborhood. Findings: The proposed Boxwood RPUD is compatible with adjacent land uses and consistent with expected land uses by viliue of its consistency with the FLUE of the GMP. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan Transportation Element. The project is located east of Collier Boulevard (CR 951). Collier Boulevard (CR 951) is classified as a minor atierial roadway, which currently has two to four lanes, and is scheduled to be improved to a six lane condition by the second quarter of 2009 in the vicinity of this project. It is also a Collier Alternative Transportation (CAT) route and would be available for use by persons that would qualify for ownership of the residential units in this development. The petitioner has agreed to restrict the issuance of CO's until the improvement to Collier Boulevard (CR 951) is substantially completed. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management. Con: None Findings: The Transportation Services Division has reviewed the proposed PUD amendment and has recommended approval of the petition based upon the petition's conditions for interconnectivity, intersection improvements, participating with payment in lieu for sidewalk and bike lane improvements, and holding final CO's until the improvement to Collier Boulevard (CR 95 I) is substantially completed. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Urban intensitication could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; PUDZ-OS.AR-8379, BOXWOOD RPUD Page 13 ofl9 cepe MEETING APRIL 19, 2007 Agenda Item No. 8e June 26, 2007 Page 21 of 211 Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject propcrty is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Con: None PlJDZ-05-AR-8379, BOXWOOD RPUD cepe MEETING APRIL 19,2007 Page 14of19 Agenda Item No. 8e June 26, 2007 Page 22 of 211 Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The existing Rural Agricultural (A) zoning does not provide the density needed to develop the subj ect property for residential uses that would be within the economic means for persons with incomes that are below 150 percent of the annual Average Collier County income. Con: None Findings: The proposed rezone conforms to the future land use element of the GMP because it will be used in accordance with the Housing Element of the GMP for "Affordable and Workforce Housing." 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed zoning amendment meets all objective criteria set forth for the GMP Housing Element Policy 1.4 and conforms to the purpose and intent of the GMP and all its elements. Con: None Findings: The proposed zoning is designed m a manner that IS compatible with surrounding property in size and scale. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements ofthe GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: Any development of this site would require considerable site alteration with the existing or the proposed zoning. PUDZ-05+AR-8379, BOXWOOD RPUD Page 15 ofl9 cepe MEETING APRIL 19,2007 Agenda Item No. Be June 26, 2007 Page 23 of 211 Con: None Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 17. The impact of development on the availability of adequate public facilities and services, consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC, public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. FINDINGS FOR PUD PETITION PUDZ-05-AR-8379, BOXWOOD RPUD Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with commercial and residential uses and the petition is for residential uses. The petitioner is setting aside a preserve area and has agreed to interconnect its proposed wetland preservation areas with those to the south (Bucks Run PUDZ-05-AR-8379, BOXWOOD RPlJD cepe MEETING APRIL 19,2007 Page 160f19 Agenda Item No. Be June 26, 2007 Page 24 of 211 MPUD). The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities and has agreed to assist in access interconnection from undeveloped property to the north. Con: Not applicable because this project is surrounded by commercial and residential uses at a density that is lower than the proposed residential petition. Findings: The proposed change increases density but provides "Affordable and Workforce Housing." The petition will be in compliance with all county regulations; therefore the project is suitable for the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable Findings: Documents submitted with the Boxwood RPUD application provide evidence of unified control. The Land Development Code and the Ordinance of Adoption makes appropriate provisions for continuing operation and maintenance of conunon areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The applicant has identified in the Application for Boxwood RPUD that it will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: None EXHIBIT "B" Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatIbility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed residential planned unit development provides 238 dwelling units of which 30 percent of the total number of units shall be for GAP and affordable/workforce housing, subject to an agreement between the developer and the Board of County Commissioner (BCe) authorizing the affordable housing density bonus and imposing covenants and restrictions. PUDZ-05-AR-8379, BOXWOOD RPUD Page 17 of19 C(,PC MEETING APRIL 19,2007 Agenda Item No, 8e June 26. 2007 Page 25 of 211 Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements of 60 percent. Con: None Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. The proposed Boxwood RPUD is compatible with adjacent land uses due to the ameliorating element provided through wall and landscaping buffering along the north, east, and southern boundaries of the residential development area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available im