Loading...
Agenda 07/24/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA July 24, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, Bee Vice~ Chairman, District 3 Donna Fiala, BCC 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 "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODA nON 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 17 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. June 12, 2007 - BCCIRegular Meeting C. June 19, 2007 - BCCIPUD Audit Workshop D. June 22, 2007 . BCC/GMP Amendment Meeting E. June 26, 2007 - BCC/Regular Meeting F. June 28, 2007 - BCCIBudget Workshop G. June 29, 2007 - BCCIBudget Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards: 10- Year Recipients: Edward Olesky - Lake Trafford Restoration Task Force 5~Year Recipients: Helen Carella - Radio Road Beautification Advisory Committee Michael Carr - Housing Finance Authority Frank Donohue. Parks and Recreation Advisory Board Ed Staros - Pelican Bay Services Division B. 25 Year Attendees 1. Patrick Webb, Facilities Management C. 30 Year Attendees 1. Joseph Chirico, Transportation D. 35 Year Attendees 1. James Thomas, Parks and Recreation 4. PROCLAMA nONS 5. PRESENTATIONS A. Recommendation to recognize David Verret, Senior Field Crew Leader, Wastewater Collections, as Supervisor of the Year for 2006. B. Recommendation to recognize Barbara Olke, Administrative Assistant, Public Utilities Operations, as Employee of the Month for July 2007. C. Vanderbilt Bay Construction will present the status of their construction efforts for the new Collier County Sheriff's Special Operations Building, Project 52002. 2 of 17 r D. Presentation by Mr. Bill Barton regarding continued support for the Southwest Florida Expressway Authority. E. This item to be heard at 3:00 p.m. Recommendation that the Board of County Commissioners accept presentation of status report on (1) potential inclusionary zoning ordinance, (2) potential mitigation fee ordinance, (3) affordable workforce-housing supply study and (4) economic impact analysis of a potential affordable workforce-housing mitigation fee, and give further direction to staff and the County Attorney on the potential ordinances. 6. PUBLIC PETITIONS A. Public Petition request by Marion Gregory to discuss administrative fence height waiver fee. B. Public petition request by Jim Kramer to discuss waiver of inspection fees resulting from repairs to Hurricane Wilma damage. C. Public petition request by Don Smith to discuss weed problem in the Port Au Prince canals. D. Public petition request by Blake Gable to discuss Impact Fee Deferral Program to the Ave Maria project. E. Public petition request by Guillermo and Carmen Pena to discuss easement access to reach property. 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. VA~2007-AR-11459 James and Lavonne Williamson, represented by Son rise Properties of Naples, DBA Sonrise Building Company, is requesting a variance within the Wynd em ere Lodgings Planned Unit Development (PUD) reducing the existing front set back from 40' to approximately 36' to extend the front of their garage, for purposes of accommodating a second vehicle, for a project to be known as the Williamson Garage Addition. The subject property consisting of 0.34 acres is located at 186 Edgemere Way South, in Section 1 of the Wyndemere Lodgings Subdivision, on Lot 46, of Section 19, Township 49 South, Range 26 East, in Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE~2006-AR-10551, DeVoe Family Limited Partnership II, represented by Sandra Bottcher of Q. Grady Minor & Associates, P.A., is requesting a parking exemption for the DeVoe Suzuki dealership. The exemption seeks approval of an off-site employee parking area on a residentially-zoned lot to serve the DeVoe Suzuki dealership in the adjacent commercially' zoned district. The subject property, consisting of 0.23 acres, is located at 1397 Trail Terrace Drive, on the northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in Section 22, Township 49 South, Range 25 East Collier County, Florida. 3 of 17 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: VA-2007-AR-11500, The District School Board of Collier County, represented by Donald Murray, TKW Consulting Engineers, Inc., requests a dimensional variance of ten-feet from the maximum height 35 feet for the Residential Multi-family _ 6 units per acre (RMF-6) Zoning District as provided for in Section 4.02.01 A Table 2 of the LDC. The 25.60+ acre tract of land contains several buildings for the Lorenzo Walker Institute of Technology campus. A new 3-story high school is proposed to be constructed to a zoned height not greater than 50-feet. The project is located at 3710 Estey Ave, in Section 1 and 12, Township 50 South, Range 25 East, Collier County, Florida. D. This item was continued from the July 25, 2006 BCC meeting and the September 12, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR'8046 Jaime and Demarys Oliva, represented by Robert N. Pelier of Blanco & Peller, P.A., is requesting a conditional use, Pursuant to Land Development Code Sections 2.04.03 and 2.03.08.A.3, in the Rural Agriculture-Mobile Home Overlay (A-MHO) zoning district, for facilities for the collection, transfer, processing, and reduction of solid waste. The applicant proposes to use the site for a horticultural mulching and recycling facility. The subject property, consisting of 10.04 acres, is located at 1340 Wild Turkey Drive, east of Immokalee Road, in Section 26, Township 47 South, Range 27 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-11081: Dr. Terry P. McMahan, president for International College, Inc., represented by Michael J. Volpe, Esquire of Robins, Kaplan, Miller and Ciresi, LLP, is requesting an amendment to the Harvest for Humanity PUD to change the permitted uses to replace the current residents activity center and blueberry farm with its ancillary sales facility with limited Educational Services on certain tracts. The subject property, consisting of 38.4 acres, is located in the northeastern quadrant of the intersection of Lake Trafford Road and Carson Road in Immokalee, Florida, in Section 32, Township 46 South, Range 29 East, Collier County, Florida. B. This item to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners considers adoption of a Temporary Planning Moratorium Ordinance. C. Continuation of the June 4, 2007, later continued to June 5 and 22, 2007, Public Hearing for the 2005 Cycle of Growth Management Plan Amendments (Transmittal Hearing), ONLY to consider Petition CP.2005-12, and that portion of Petition CPSP-2005-14 Pertaining to Properties Located Within Sections 29 and 32, Township 49 South, Range 27 East, Consisting of 918 Acres and Known as Map Parcel Numbers 25-31. (Transmittal Hearing) 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Affordable Housing Commission. B. Consideration to appoint an Alternate member to the County Government Productivity Committee. C. Appointment of member to the Housing Finance Authority. D. Update on the progress of the RFP for the County Attorney Recruitment Search. E. This item to be heard after Item 5D. This matter is before the Board of County Commissioners to consider a Resolution approving a financial commitment of $775,000.00 to the Southwest Florida Expressway Authority, less all amounts previously provided by the Board, as long as the Expressway Authority agrees by Resolution that it will not toll future lanes five and six on Interstate 75 within Lee and Collier Counties. (Commissioner Henning) 4 of 17 r F. Appointment of members to the Black Affairs Advisory Board. G. Appointment of members to the Hispanic Affairs Advisory Board. H. For the Board of County Commissioners to discuss dropping the lawsuit BCC vs. Clerk of Courts as Fee Officerl Budget Officer; also discuss County Auditor. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and Woodcrest Drive from Immokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00. B. This item continued from the June 26, 2007 BCC Meeting. Recommend consideration of cost comparison of alternative fence material, review justification for fence installation, receive direction on how to proceed with private fence issue for properties in the Queens Park subdivision as part of Phase 1A of the Lely Area Stormwater Improvement Project (LASIP), Project No. 511011. C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road, and for the construction of Stormwater Improvements as a component of the Lely Area Stormwater Improvement Project. (Capital Improvement Element No. 32 and 291, Project Nos. 60091 and 51101 respectively). Estimated fiscal impact: $7,428,942.00. D. Recommendation to adopt a resolution authorizing the acquisition by condemnation, if necessary, of the fee simple interest in certain tracts of land in Golden Gate Estates necessary for the construction of stormwater retention and treatment ponds required for the expansion of Golden Gate Boulevard from West of Wilson Boulevard to DeSoto Boulevard. (Project No. 60040) Estimated fiscal impact: $3,627,000.00. E. Recommendation to approve a budget amendment to Fund 517, Group Health and Life Insurance to pay anticipated claims expenses for the remainder of Fiscal Year 2007 in the amount of $1,306,100. F. Recommendation that the Board of County Commissioners Adopt a Resolution Declaring a Valid Public Purpose for Accepting Voluntary Donations Made Directly to the County for Affordable-Workforce Housing, Establishing an Affordable-Workforce Housing Trust Fund and Providing General Guidelines for Use of Monies in the Affordable-Workforce Housing Trust Fund G. To seek Board approval of a State Joint Participation Agreement (JPA) with the Florida Department of Transportation and to authorize the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the SR84 (aka. Davis Blvd) Project. H. This item to be heard at 10:30 a.m. Recommendation to approve an Agreement for Sale and Purchase by and between the Board of County Commissioners and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated as Purchasers with Marilyn H. Adkins, as Trustee of the Marilyn H. Adkins Revocable Trust U1DIT dated July 8, 1997, Joan H. Bickel, Trustee of the Joan H. Bickel Living Trust dated March 29, 2000, Hugh E. Starnes and Judy A. Starnes, a/k/a Judy Ann Starnes as Sellers for 367.70 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $5,370,000, and to approve a Lease Agreement with Hugh E. Starnes for cattle grazing for an annual revenue of $368. 5 of 17 I. Recommendation to award contract 07-4164 for the North County Water Reclamation Facility (NCWRF) Sodium Hypochlorite (Bleach) System Phase 2 Instrumentation and Electrical reliability upgrades to Technical Management Associates in the amount of $880,199.00; award contract 07-4163 for the NCWRF Bleach System Phase 2 Mechanical reliability upgrades to Douglas N. Higgins, Inc. in the amount of $343,000.00; award construction Engineering and Inspection (CEI) services to Hole Montes not to exceed (NTE) $107,490.00 under Fixed Term Utility Engineering Services contract number 05-3785; and the necessary Budget Amendment, Project 739661. J. Recommendation that the Board of County Commissioners Adopts the Proposed Millage Rates as the Maximum Property Tax Rates to be Levied in FY 2008. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners consider approving a settlement agreement with Lodge Abbott Associates, LLC (owner of the Cocohatchee Bay Planned Unit Development) to settle alleged claims, including an alleged Bert Harris Act claim purportedly arising from denial of an amendment to the Cocohatchee Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott Associates, LLC v. Collier County, Case No. 05-962-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS A. That the Board of County Commissioners discuss whether staff should draft and bring back to the Board a "Red Light Traffic Signal Camera Enforcement System Ordinance" to authorize use of unmanned cameras at road intersections to enforce Ordinance violations of vehicles running red traffic lights. B. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 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. 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 Chanel Subdivision. 6 of 17 r 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Milano. The roadway and drainage improvements will be privately maintained. 3. To accept final and unconditional conveyance of the water facility for Bridgewater Bay, Phase Two 4. To accept final and unconditional conveyance of the water utility facility for Wal-Mart Store East 5. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Van Elway Enterprises, Inc, E. J. Properties, LLC and Daniel Robbins. 6. Recommendation to approve final acceptance of the water and sewer utility facilities for Bridgewater Bay, Unit Two. 7. Recommendation that the Board of County Commissioners award contract # 06-3962 to White & Smith, LLC Planning and Law Group for the update and re-write of portions of the Collier County Land Development Code (LDC). 8. Recommendation that the Board of County Commissioners authorizes (as the said beneficiary) the release and ultimate closure of irrevocable standby letter of credit number SM222312W in the amount of $40,000.00 on behalf of the Florida Audubon Society. Pursuant to the applicable provisions of the Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements, the Collier County Land Development Code requires financial surety in relation to all privately implemented environmental restoration and maintenance plans until one of two regulatory criteria are confirmed and documented. 9. Recommendation that the Board of County Commissioners approve a resolution delegating authority to the County Manger or his designee for the purpose of signing, on behalf of Collier County, a Limitation of Development Rights Agreement with the expressed objective of executing Transfer of Development Rights (TDR) program severances. 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 direct the County Manager, or his designee, to prepare amendments to Article 10 of Chapter 22 of the Collier County Code of Laws and Ordinances, pertaining to the numbering of structures, to incorporate changes that provide for clarification of administrative processes and procedures, eliminating potential for the duplication of addresses, street names, developments and subdivisions and providing improvements to the public notification process, for consideration by the Board of County Commissioners at a future meeting. 12. 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 Fiddlers Creek Phase Six, Unit One, approval of the standard form Construction and Maintenance Agreement and approval of the amou nt of the periormance security. 13. 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 Silver Lakes Phase Two.G 14. Recommendation to accept a Proposed Settlement Agreement providing for Voluntary Dismissal of the Circuit Court Action for Injunctive Relief entitled Collier County v. Colin S. Flinn, et aI., Case No. 06-83-CA, in consideration of payment of a $5,000 civil penalty. 15. Recommendation that the Board of County Commissioners approve a Satisfaction of Lien, related to impact fees, due to the deferred impact fees being repaid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. 16. Recommendation to approve two budget amendments to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 -Immokalee) to Fund 339 Reimbursements (prior year) in the amount of $100,000 and from Fund 355 Reserves (Library Impact Fees) to Fund 355 Reimbursements (prior year) in the amount of $5,000. 17. 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 Sandalwood, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 18. A Resolution superseding and replacing Resolution Number 2005-48, amending the procedures for expediting the development review process for qualified Affordable-Workforce Housing Expedited Review Program projects and to establish a regulatory process program; and providing for codification of this policy and procedures. 19. Recommend the Board of County Commissioners approve the authorization of expenditure of funds beyond the $50,000 dollar limit contained in the Purchasing Policy for the required legal advertisement of the Growth Management Plan (GMP) Amendments, the Annual Update and Inventory Report (AUIR), the Horizon Study Master Committee, the Rural Lands Stewardship Area 5.Year Review Committee and various other items managed by the Comprehensive Planning Department which requires legal advertising. 20. Recommendation to approve Supplemental Amendment No.3 to the Inter.iocal Agreement with the City of Napies and Change Order No.4 to the One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County Agreement with Tomasello Consulting Engineers, Inc. for additional costs and time incurred and anticipated to occur in the development of new Flood Insurance Rate Maps. 21. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Wilkinson-Meffert Construction Company, Inc. B. TRANSPORTATION SERVICES 1. To present to the Collier County Board of County Commissioners for approval, the paratransit operators selected by McDonald Transit Management, Inc., operating as Collier Transit Management, Inc., d/b/a! Collier Area Transit to perform paratransit services in Collier County. 2. Recommendation for the Board of County Commissioners to approve renaming the Gordon River Water Quality Park, located at the corner of Goodlette-Frank Road and Golden Gate Parkway, to Freedom Park. 3. Recommendation to approve and execute a contract extension between Collier County and the Commission for the Transportation Disadvantaged for funding in the amount of $264,201 for the provision of transportation for qualified Medicaid recipients. 4. Recommendation to approve selection of Dyer, Riddle, Mills and Precourt, Inc., a qualified firm and award a Contract Under RFP #07-4106, North.South Corridor Study East of CR951, for Project Number 601041 in the total amount of $748,731.36, and approve all necessary budget amendments. 5. Recommendation to approve a Resolution authorizing implementation of school zone speed limit reductions to 20 MPH during school arrival and dismissal hours as indicated by flashing beacons at two locations at a cost of $26,000. 8 of 17 I 6. Recommendation that the Board of County Commissioners approve the attached Budget Amendment and Reimbursement to Bayvest, LLC., and to authorize the Chairman of the Board of County Commissioners to execute said reimbursement to Bayvest, LLC. in which Collier County would be responsible for a total estimated cost of $99,125.21 for design and construction of the pole relocation. 7. Recommendation for the Board of County Commissioners to authorize certain designated County Transportation officials to certify disbursements to the Florida Department of Transportation; superseding Resolution No. 2004-76. 8. To Advise the Board of County Commissioners of Staffs Release of Certificates of Occupancy on Stipulated Motion to Issue Letter of Credit and to Proceed with Mediation or Other Alternatives in the Countys PUD dispute with Lucky M.K., INC. a Florida Corporation Within the Next 24 Months 9. Recommendation to award bid #07-4149 Floridan Avenue for construction of sidewalk improvements on Floridan Avenue from Confederate Drive to Broward Street to Neubert Construction Services, Inc. in the amount of $367,190.00 and approve a budget amendment in the amount of $24,391.53 (Project #601201) 10. Recommendation to accept the highest bid and approve and execute the attached Real Estate Sales Agreement for the sale of a single family residence on 2.27 acres in Golden Gate Estates to the First Baptist Church of Golden Gate. (Fiscal Impact $0) 11. Recommendation to award Bid No. 07-4161 to Haskins Inc. for the Cypress Way East and Ibis Way Crossing Stormwater Improvements, Number 510141 with the base amount being $696,250.00 and a Contingency for Unforeseen Conditions in the amount of $50,000 for a total amount of $$746,250.00 12. Recommendation to award Bid No. 07-4154 to Posen Construction, Inc. for the Fish Branch Basin Culvert Extension, Project Number 510211 and 510212 with the base amount being $431,010.50,plus Bid Alternatives being a total of $21,800.00 and a Contingency for Unforeseen Conditions in the amount $50,000 for a total amount of $502,810.50 C. PUBLIC UTILITIES 1. Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for Solid Waste residential accounts wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $20.00 to record the Satisfaction of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 5. Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2007 tax year. The fiscal impact is $18.50 to record the Resolution. 9 of 17 6. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.00 to record the Satisfactions of Lien. 7. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 9. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 10. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 11. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 12. Recommendation to award Work Order CDM-FT-3593-07-04 to Camp Dresser & McKee, Inc., (COM) for continuing professional engineering and program management services for the Well Field Reliability Improvements and Expansion Program in the time and materials not-la-exceed amount of $748,000, Project Number 75005. 13. Recommendation to waive competitive bid process and approve a sole source purchase of valves to Fluid Control Specialties, Incorporated in the estimated amount of $500,000. 14. 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 Rose M. Briggs and David A. Salinas in the Henderson Creek Park Subdivision at an estimated cost not to exceed $4,500, Project Number 710101. 15. Recommendation to award bid #06-4061 R Collection and Recycling Latex Paint to Scott Paint Company, Inc. for the purchase of recycling latex paint services. 16. Recommendation to approve the conveyance of the fire suppression facilities installed by the Collier County Water-Sewer District (District) to convert fire protection within Pelican Bay from irrigation water to potable water for an estimated cost not to exceed $4,664, Project 740231. 17. Recommended to award bid #07-4151 Annual Contract for Sale of Baled Corrugated and White Goods to Garden Street Paper Products for Baled Corrugated (cardboard) and Mike Andersons Hauling for White Goods (appliances). 18. 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 Borah Partners, LLC near the Henderson Creek Park Subdivision at an estimated cost not to exceed $12,000, Project Number 710101. 19. Notice of cancellation of two grant contracts issued by the South Florida Water Management District to Collier County Public Utilities for FY 2007. 10 of 17 . 20. Recommendation to approve Work Order #UC-QE-FT-3535-07-07 in the amount of $407,625.75 to Quality Enterprises USA Inc. for Pump Station 312.12 improvements under contract 04-3535 Annual Contract for Underground Utility Contracting Services, Project 72546. 21. Recommendation to approve Work Order #UC-QE-FT-3535-07-07 in the amount of $403,006.25 to Quality Enterprise USA, Inc., for Pump Station 107.02 Improvement under contract 04-3535 Annual Contract for Underground Utility Contracting Services, Project 72546. 22. Recommendation to award contract 07-4081 to Creative Information System SMS Turbo for the purchase of a Solid Waste Material and Financial Management software system; approval to purchase the required hardware; and authorize budget amendments for $40,000. Total cost is $231,956 (Project number 59010). D. PUBLIC SERVICES 1. Recommend approval of Proposal dated May 4, 2007 under Contract 05-3657 and necessary Work Order subsequent to approval with Johnson Engineering to provide planning, environmental and engineering support for Connor Park Expansion Study Proposal for time and material not to exceed $15,000 and all necessary budget amendments. 2. Recommend approval of Work Order CPE-FT-07-06 under Contract 06-3902 with Coastal Engineering (CP&E) for the 1st annual biological monitoring of the Near Shore Hard Bottom and the post construction biological survey of the Artificial Reef for time and material not to exceed $349,837.55 and authorize the County Manager or his designee to sign Work Order No. CPE-FT- 07-06 (Project No. 900331). 3. Recommend approval of TDC Category A Grant Applications from Fund 183 and 195 for The City of Naples, The City of Marco Island and Collier County for FY-07/08 for a total amount of $9,694,133 and approve all necessary grant agreements per County Attorney approval. 4. Recommend approval of a Budget Amendment for Work Order CPE-FT-3902-07-08 in the amount of $122,624 for a Time & Material Not-To-Exceed proposal from Coastal Planning and Engineering (CP&E) under Professional Services Contract 06-3902 to conduct off-shore sand source investigation (Project 902981). 5. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a $150,000 loan of State Housing Initiative PartnerShip (SHIP) funds for the construction of a new affordable housing unit. 6. Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the 2008 State of Florida Challenge grant application to the Department of Community Affairs Office on Homelessness. 7. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a $77,000 loan of State Housing Initiative Partnership (SHIP) funds for the construction of a new affordable housing unit. 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mario Sylvain and Viergelie Thomas Sylvain (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7, Milagro Place. 9. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an Amendment to extend the timeline for an existing Subrecipient Agreement with Shelter for Abused Women & Children, Inc. using Community Development Block Grant (CDBG) funds for housing infrastructure for transitional housing units to be used for income eligible clients leaving the Shelters facility. 11 of 17 10. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Elva Moreta (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at West 75 of the East 150 of Tract 83, Unit 62, Golden Gate Estates. 11. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an amended HOME SUbrecipient Agreement with Big Cypress Housing Corporation, Inc. to adjust the construction timeline and budget for a 55 unit, multi-family rental housing complex for legal migrant and seasonal farmworkers in Immokalee. 12. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Big Cypress Housing Corporation, Inc. for $192,000 in Community Development Block Grant (CDBG) funds to be used for the development and construction of 55 multi-family rental housing units for legal migrant and seasonal farmworkers in Immokalee. 13. Recommendation to repeal Resolution No. 2006-101 and Adopt the Attached Revised Resolution that lists new fines and fees for Collier County Public Library. 14. Recommendation to approve budget amendments transferring $137,900 in summer camp expenses, $15,500 in reserves and $153,400 in summer camp revenue from fund 130 to fund 111. 15. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Gary Hildebrandt (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at East 75 of the West 150 of Tract 12, Unit 79, Golden Gate Estates. 16. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign a grant agreement accepting one Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $35,816; and approve an associated budget amendment of $35,816 recognizing the funding associated with the grant award. 17. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Shelter for Abused Women & Children, Inc. for $35,816 in Continuum of Care funding to support the shelter operations. 18. Recommend approval of 10-Year Capital Plans prepared for Beach Renourishment/Pass Maintenance Fund (195) and Beach Park Facilities Fund (183). 19. Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $575,500, Project 80060. 20. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing the Collier County Housing Development Corporation (CCHDC) with a Community Housing Development Organization (CHDO) operating grant, in the amount of $35,894 from the Home Investment Partnership (HOME) program. 21. Recommendation to approve an award of Introductory-Level Geographic Information System (GIS) software, valued at $100,000, for Collier County 4-H clubs. 22. Recommendation to approve Grant Agreement number 06163 in the amount of $20,000 from the Florida Boating Improvement Program Grant Program for the removal of derelict vessels. 23. Request to the Board of County Commissioners for direction on amending Chapter 98 Article 3 Code of Laws and Ordinances (also known as Collier County Ordinance #90-9, Section 3) to provide for alcoholic use/sales at Clam Pass Park 12 of 17 24. Recommendation to approve a resolution that supports assessment of a pass-through user fee associated with the use of Parks and Recreation Internet registration service. 25. Recommendation to approve a resolution that supports Alternative A of the Everglades National Park's General Management Plan (GMP) 26. Recommendation to approve a temporary use permit for an All Terrain Vehicle (ATV) park on leased land associated with Supplemental Agreement between the Board of County Commissioners and South Florida Water Management District (SFWMD) 27. Recommendation to approve a Consent to Use Agreement with the Collier County Airport Authority (CCAA) for an undeveloped portion of the Immokalee Regional Airport for recreational purposes. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a continuation of the Conservation Collier Interim Management Plan for Otter Mound Preserve to December, 2007. 2. Recommendation to approve Change #20 to Contract #02-3422, Professional Architectural Services for New County Fleet Facility, with Disney & Associates, P .A., to provide construction phase services for the Fleet Facility, project 52009, Phase II in the amount of $136,150. 3. Recommendation to approve a First Amendment to Lease Agreement with Islands and Highlands, LLC for the continued use of an office and garagelwarehouse space used by the Sheriffs Office, at a first years cost of $67,468.56. 4. Recommendation to approve the conveyance of an Easement to Florida Power & Light Company (FPL) for providing electric service to the Board of County Commissioner's Fleet Facility and Sheriff's Fleet Facility at 2901 County Barn Road, at a cost not to exceed $27.00, Project number 52009. 5. Recommendation to approve an Assignment of Lease with Alan and Patricia Boole to A & P Boole, LLC, concerning a Lease Agreement naming Collier County as Lessee, with no annual cost. 6. That the Board of County Commissioners approves the award Bid 07-4127 for Office Supplies to Corporate Express F. COUNTY MANAGER 1. Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. 2. Approve Budget Amendments 3. Recommendation to approve Memorandum of Understanding fOf emergency situations between Collier County and The Shepherd of the Glades Lutheran Church 4. Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and First Church of Christ Scientist 5. Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and United Way of Collier County 6. Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and I HOPE (IMMOKALEE HELPING OUR PEOPLE IN EMERGENCIES) 7. Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and Marco Island YMCA 13 of 17 8. Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and Naples United Church of Christ 9. Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and American Red Cross of Collier County 10. Recommendation to approve a Resolution providing for user fees for Collier County ambulance services, up-dated billing and collection procedure, up-dated hospital transport billing and fees, adjustments of EMS user fees pursuant to Collier County Ordinance No. 96-36, waiver of EMS user fees for special events, and a procedure for approving hardship cases and payment plans; superseding Resolution No. 06-222; and providing for an effective date. 11. Recommendation to award RFP# 07-4152, Auditing Services for Collier County to Ernst & Young LLP subject to successful negotiations (Estimated First Year Cost $560,000). G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore 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 $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3024 Van Buren Avenue ($90,000). 2. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) for 2675 Sayview Drive Naples, Florida 34112 within the Bayshore Gateway Triangle Community Redevelopment area. 3. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore 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 $99,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4032 Full Moon Court ($99,000). 4. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Sayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the eRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the saie of subject property; and approve any and all necessary budget amendments. Site address: 3016 Van Buren Avenue ($90,000). 5. To approve and execute Site Improvement Grant Agreement{s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) Samuel and Kasthia Aleman d/b/a S & K Realty, LLC. for 2727/2737 Sayshore Drive Naples FL 34112 within the Bayshore Gateway Triangle Community Redevelopment area. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala request's Board approval for reimbursement for attending a function serving a valid public purpose. Attended the PRACC (Public Relations & Advertising Professionals of Collier County) Luncheon on June 21, 2007, at the Collier Athletic Club; $20.00 to be paid from Commissioner Fiala's travel budget. 14 of 17 r 2. Commissioner Fiala requests Board approval for attending a function serving a valid public purpose. Will attend the Youth Haven Night at Villa Venezia on Sunday, July 29, 2007, at the Van Hoesen Estate Home in Marco Island; $75.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of June 16, 2007 through June 22, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of June 23,2007 through June 29, 2007 and for submission into the official records of the Board. 3. To obtain board approval for disbursements for the period of June 30, 2007 through July 06, 2007 and for submission into the official records of the Board. 4. Request that the Board of County Commissioners accepts and approves asset disposition records for the time period April 1 , 2007 through June 30, 2007. 5. Recommendation that the Board of County Commissioners approve and sign the State of Florida Annual Local Government Financial Report for the Fiscal Year 2005-2006 as required by Florida Statute 218.32. 6. Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $1,000,000. K. COUNTY ATTORNEY 1. Recommendation to approve a Stipulated Final Judgment for Parcel 129 in the lawsuit styled Collier County v. West Coast Development Corporation of Naples, Inc., et aI., Case No. 06-0708- CA(Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $0) 2. Recommendation to approve the Offer of Judgment in the amount of $9,000 as to Parcel 168 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $2,246.80) 3. Recommendation to approve settlement in the lawsuit entitled Collier County, Florida vs. The Estate of Omar Fernandez, et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0705-CC for $7,465.00. 4. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 134 in the Case Styled Collier County v. TreeSource, Inc., et aI., Case No. 02-5167-CA (Immokalee Road Project #60018) (Fiscal Impact: $6,400.00). 5. Recommendation that the Board of County Commissioners Approve an Interlocal Agreement Between the City of Naples and Collier County for Contractor Licensing by Collier County. 6. Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 114 & 914 in the lawsuit styled CC v. Elias Valencia, et al., Case No. 03-2274-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $10,100.00) 15 of 17 7. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 9. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $20.00 to record the Satisfaction of Lien. 10. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. 11. Recommendation that the Board of County Commissioners and the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer District approve a Settlement Agreement and Release with Professional Service Industries, Inc., relating to the project known as the Collier County Landfill Scale House, Contract No. 03-3427 and Project #59005, and authorize the Chairman to execute the attached Settlement Agreement and Release. 12. Recommendation to approve settlement in the lawsuit entitled Doris McDonald, individually and as Personal Representative of the Estate of David McDonald, deceased vs. Collier County, et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 05-486-CA, for $1,000.00. 13. Recommendation to approve settlement in response to the United States Environmental Protection Agency Notice of Violation of the Federal Clean Water Act for the September 22, 2005, unleaded gasoline overspillldischarge at Collier Countys Caxambas Park. ($9,601.00) 14. Recommendation that the Board of County Commissioners approve a budget amendment to pay for minor security recommended alterations of the office space allocated to the Office of the County Attorney at the Community Development and Environmental Services building. ($7,000) 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 reject approval of Petition AVPLAT-2007-AR-11341, Lot 24, Villa Floresta at Wyndemere, Phase 2, to vacate the Countys and the Publics interest in a portion of a platted drainage easement running along the easterly side of Lot 24, Vilia Floresta at Wyndemere, Phase 2, a subdivision located in Section 19, Township 49 South, Range 26 East, as recorded in Plat Book 15, Pages 102-103 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit A 16 of 17 r B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT-2007-AR-ll083, to disclaim, renounce and vacate the Countys and the Publics interest in a 15 foot wide drainage easement along the common boundary line between Lot 46 and Lot 47, Turner Oak Hill Estates, Inc. First Addition, a subdivision as recorded in Plat Book 9, Page 115 of the Public Records of Collier County, Florida, situated in Section 23, Township 50 South, Range 25 East, Collier County, Florida, and being more specifically described in Exhibit A and to accept a replacement drainage easement, as described in Exhibit B in place of the vacated easement. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2005-AR-8479 (NG) Southeastern Association of Seventh Day Adventists, Inc., represented by Fred Learned, LA of Community Engineering Services, Inc. requesting a Conditional Use in the Village Residential (VR) zoning district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The 1.01 acre VR zoned site is proposed to permit a Church with a maximum of 4,250 square feet of floor area. The subject property is located at 745 5th Street South, Immokalee, in Section 9, Township 47, Range 29, in Collier County, Florida. D. 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-11653, to disclaim, renounce and vacate the Countys and the Publics interest in the following easements; 15 foot wide drainage easements being 7.5 feet each side of and along the common lines of Lots 26 & 27, 30 & 31 and 37 & 38, also a 15 foot wide drainage easement along the north line of Tract G, all part of Block 106 according to the plat thereof known as Twineagles Phase Two B, a subdivision as recorded in Plat Book 47, Pages 23 thru 39 of the Public Records of Collier County, Florida and being more specifically described in Exhibit A and accepting replacement drainage easements at alternate locations, as more specifically described in Exhibit B, in place of the vacated easements. E. Recommendation to approve Petition AVPLAT-2007-AR-ll097, Heritage Bay Commons, to disclaim, renounce and vacate the Countys and the Publics interest in all of Tract L-l and the underlying lake, drainage easement and lake maintenance easement, and also the temporary access easement over Tract E, Heritage Bay Commons, a subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida, situated in Section 14 & 23, Township 48 South, Range 26 East, Collier County, Florida, as specifically described in Exhibit A; and accept a replacement drainage easement and additional drainage and access easements, being more specifically depicted and described in Exhibit B This item requires that all participants sworn in and ex parte disclosure be provided by Commission members. F. Recommendation That The Board of County Commissioners Approve a Final Resolution In Accordance With Resolution 200S-385A, Approving The Final Roll And Assessment Concerning The Project To Restore The Lake Between 107th Avenue North And 108th Avenue North Within The Naples Park Lake Municipal Services Benefit Unit. G. Request to Approve an Amendment to Subsection Five E of Collier County Ordinance No. 2001- 55, as amended, to Allow Candidates who are seeking Re-Election and Are Already Serving on County Advisory Boards to Remain Serving During their Candidacy for Re-election. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 of 17 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Julv 24. 2007 An error occurred in the numbering of the agenda backup material. The agenda index numbering is correct; however, the corresponding items in the printed backup material (shown in the upper right corner of each page) are not numbered correctly. Following is a table showing the correct agenda item number and the incorrect number as it appears in the printed backup material. Correct Agenda Item Number Incorrect Agenda Item Number (As shown on aaenda index) (As it appears in the backup material) 10E 101 10F 10E 10G 10J 10H 10F 101 10G 10J 10H Item 2E should read: June 26-27, 2007 - BCC/Regular Meeting. (Staff's request.) Item 3B. 3C and 3D should read as follows: B. 20 Year Attendees 1. Patrick Webb, Facilities Management C. 25 Year Attendees 1. Joseph Chirico, Transportation D. 30 Year Attendees 1. James Thomas, Parks and Recreation Withdraw Item 7A: VA-2007-AR-11459 James and Lavonne Williamson, represented by Sonrise Properties of Naples, DBA Sonrise Building Company, is requesting a variance within the Wyndemere Lodgings Planned Unit Development (PUD) reducing the existing front set back from 40' to approximately 36' to extend the front of their garage, for purposes of accommodating a second vehicle, for a project to be known as the Williams Garage Addition. The subject property consisting of 3.04 acres is located at 186 Edgemere Way South, in Section 1 of the Wyndemere Lodgings Subdivision, on Lot 46 of Section 19, Township 49 South, Range 26 East, in Collier County, Florida. (Petitioner's request.) Item 7B continued to September 11. 2007 BCC meetinq: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE-2006-AR-1 0551, DeVoe Family Limited Partnership II, represented by Sandra Bottcher of Q. Grady Minor & Associates, P.A., is requesting a parking exemption for the DeVoe Suzuki dealership. The exemption seeks approval of an off-site employee parking area on a residentially-zoned lot to serve the DeVoe Suzuki dealership in the adjacent commercially-zoned district. The subject property, consisting of 0.23 acres, is located at 1397 Trail Terrace Drive, on the northwest corner of 14'h Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road in Section 22, Township 49 South, Range 25 East Collier County, Florida. (Petitioner's request.) Item 8C: A revised Exhibit A has been provided to correct an inconsistency in the original documents that appear in the agenda packet. The correct Exhibit A has been distributed and made available for review. (Staffs request.) Item 10C: Exhibit A on page 27 is being replaced to reflect the correct legal description. Copies have been made available for review. (Staff's request.) Item 10H: Paragraph 4.014 to be inserted into Agreement for Sale and Purchase as follows: "4.014 Reservations of oil, gas, and mineral rights that exist in the chain of title as well as applicable leases may affect Purchaser's use of Property for conservation purposes. Purchasers shall have fifty-five (55) days from the effective date of this Agreement to obtain releases of such rights to surface exploration and mining or to otherwise satisfy concerns that surface exploration and mining will not occur on Property, or to otherwise terminate this Agreement at no penalty." (Staffs request.) Item 12A continued to the September 11. 2007 BCC meetinQ: Recommendation that the Board of County Commissioners consider approving a settlement agreement with Lodge Abbott Associates, LLC (owner of the Cocohatchee Bay Planned Unit Development) to settle alleged claims, including an alleged Bert Harris Act claim purportedly arising from denial of an amendment to the Cocohatchee Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott Associates, LLC v. Collier County, Case No. 05-962-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. (Petitioner's request.) Item 13A and 13B: These items are correct as they appear on the agenda index. However, the backup material for Item 13A was printed twice and the backup material for Item 13B was omitted. Copies of Item 13B have been distributed and made available for review. Item 16A7 continued to the September 11. 2007 BCC meetinQ: Recommendation that the Board of County Commissioners award contract #06-3962 to White & Smith, LLC Planning and Law Group for the update and re-write or portions of the Collier County Land Development Code (LDC). (Note that the correct contract number and name for this item is 07-4105, "Land Use Attorney Services for Rewriting Land Development Code.") (Staff's request.) Move Item 16A9 to 10N: Recommendation that the Board of County Commissioners approve a resolution delegating authority to the County Manager or his designee for the purpose of signing on behalf of Collier County, a Limitation of Development Rights Agreement with the expressed objective of executing Transfer of Development Rights (TOR) program severances. (Commissioner Henning's request.) Item 16A13 continued to the September 11. 2007 BCC meetinQ: 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 Silver Lakes Phase Two-G. (Commissioner Fiala's request.) Item 16B6 continued to the September 11. 2007 BCC meetinQ: Recommendation that the Board of County Commissioners approve the attached Budget Amendment and reimbursement to Bayvest, LLC., and to authorize the Chairman of the Board of County Commissioners to execute said reimbursement to Bayvest, LLC., in which Collier County would be responsible for a total estimated cost of $99,125.21 for design and construction of the pole relocation. (Staff's request.) Item 1603: Remove "Tigertail Beach Vegetation for $50,000" as it appears in the TDC Category "A" grant applications. The revised grant total will be $9,599,033. (Staff's request.) Move 16023 to 10L: Request to the Board of County Commissioners for direction on amending Chapter 98, Article 3 Code of Laws and Ordinances (also known as Collier County Ordinance #90- 9, Section 3) to provide for alcoholic use/sales at Clam Pass Park. (Commissioner Coyle's request.) Move 16025 to 10M: Recommendation to approve a resolution that supports Alternative A of the Everglades National Park's General Management Plan (GMP). (Commissioner Coyle's request.) Item 16026 should read: Recommendation to approve a temporary use permit for an All Terrain Vehicle (ATV) park on leased land associated with Supplemental Agreement between the Board of County Commissioners and South Florida Water Management District (SFWMD) until May 31, 2008 with eligibility for a 6-month extension. (Italicized portion added to title.) (Staff's request.) Move Item 16E6 to 10K: That the Board of County Commissioners approves the award Bid 07- 4127 for Office Supplies to Corporate Express. (Staff's request.) Item 16G5: The Executive Summary Considerations should include: "The Advisory Board originally approved two of the three commercial projects for grant funding (landscaping, painting and parking lot resurfacing); however, the grant fund request will now cover one project for painting for $25,871.40." The Fiscal Impact statement should read: "This site improvement project totals $25,871.40 and the grant request is $8,000 which is 31 % of the estimated project cost." (Staff's request.) Item 16K3: The title in the Executive Summary should read: Recommendation to approve settlement in the lawsuit entitled Collier County, Florida vs. The Estate of Omar Fernandez, et al., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0705-CC for $4,000.00 (rather than $7,465.00). (Staffs request.) Move Item 17 A to 80: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to reject approval of Petition AVPLAT- 2007-AR-11341, Lot 24, Villa Floresta at Wyndemere, Phase 2, to vacate the County's and the Public's interest in a portion of a platted drainage easement running along the easterly side of Lot 24, Villa Floresta at Wyndemere, Phase 2, a subdivision located in Section 19, Township 49 South, Range 26 East, as recorded in Plat Book 15, Pages 102-103 of the Public Records of Collier County, Florida and being more particularly described in Exhibit A. (Commissioner Coyle's request.) Time Certain Items: Item 5E to be heard at 3:00 p.m.: Recommendation that the Board of County Commissioners accept presentation of status report on (1) potential inclusionary zoning ordinance, (2) potential mitigation fee ordinance, (3) affordable workforce-housing supply study and (4) economic impact analysis of a potential affordable workforce-housing mitigation fee, and give further direction to staff and the County Attorney on the potential ordinances. Item 10F to heard followinQ 5E: Recommendation that the Board of County Commissioners Adopt a Resolution Declaring a Valid Public Purpose for accepting voluntary donations made directly to the County for Affordable-Workforce Housing, establishing an Affordable-Workforce Housing Trust Fund and providing general guidelines for use of monies in the Affordable- Workforce Housing Trust Fund. Item 8A to be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. OYDA-2007-AR-11 081: Dr. Terry P. McMahan, president for International College, Inc., represented by Michael J. Volpe, Esquire of Robins, Kaplan, Miller and Ciresi, LLP, is requesting an amendment to the Harvest for Humanity PUD to change the permitted uses to replace the current resident's activity center and blueberry farm with its ancillary sales facility with limited educational services on certain tracts. The subject property, consisting of 38.4 acres, is located in the northeastern quadrant of the intersection of Lake Trafford Road and Carson Road in Immokalee, Florida, in Section 32, Township 46 South, Range 29 East, Collier County, Florida. Item 8B to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners considers adoption of a Temporary Planning Moratorium Ordinance. Item 9E to follow item 50: 9E reads: This matter is before the Board of County Commissioners to consider a Resolution approving a financial commitment of $775,000 to the Southwest Florida Expressway Authority, less all amounts previously provided by the Board, as long as the Expressway Authority agrees by Resolution that it will not toll future lanes five and six on Interstate 75 within Lee and Collier Counties. Item 10H to be heard at 10:30 a.m. Recommendation to approve an Agreement for Sale and Purchase by and between the Board of County Commissioners and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated as purchasers with Marilyn H. Adkins, as Trustee of the Marilyn H. Adkins Revocable Trust U1DIT dated July 8, 1997, Joan H. Bickel, Trustee of the Joan H. Bickel Living Trust dated March 29, 2000, Hugh E. Starnes and Judy A. Starnes, alk/a Judy Ann Starnes as sellers for 367.70 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $5,370,000 and to approve a Lease Agreement with Huge h E. Starnes for cattle grazing for an annual revenue of $368. Item 13B to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006. Page 1 of! Agenda Item No_ 2A Jlily 24, 2007 Page 1 of1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 2A Meeting Date: Approv;'.iloftoday's reqular cO'lsentand surnrnmy agilndaas all1ended lEx Parle Disclof,lll'fo IXOl'Ided by Cumm,s"ion IllHlTlllers for GI)I,sen, "me! summary agt~nd,l.) 7!2M200: 9.00 OO.AM Approved By JamesV. M,ldd Bo.rdofCounty Commissioners Counly Mlln~ger Date County Manager's OfficI;) 7'16i20011(J:44AM - --- file://C:\AgendaT est\Export\87-July~jf2024, o/'l202007\02. %20AGENDA %20AND%20M1N... 7/18/2007 Page 1 of 1 Aqenda Hem No. 28 , Julv 24. 20G? PaulO 1 or 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Summary: Meeting Date: 2B ,iune :2 2007,. 3CC/Regul<l1 Meeting Item Number: '/24!2()(j790GOOI'M Appro\ietl8y Jamo',\', Mudo C<nmty Manager D~te BOdrdofCount1 County Manager'sOfhee 7/16i20C710,4HAM Commissioners - ,.,.-'" file:IIC:\AgcndaTest\Export\87-July%2024, %202007\02, %20AGENDA %20AND%20MIN.. 7/1812007 Page 1 of I Aoenda \1(;Il' No 2C .' Juiv 24. 2007 Paqs1of1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number; Item Summary; Meeting Date: 2C June ~g 2007. BCCiPUD Audi: 'Nork::!lOp 7i24:2()O? ,',OO,O::'AIV1 Appr(lved By .Jame,,\!, M'Jdd C;')lmty Mnnager t),lle Bo.:.roof Co,,"t'! CQnlrnis\>I01'ers Sountv Mrmager'5Qff,ce 7116f20071(J:50AM --' Iilc://C:\AgcndaTcst\Export\87*July%2024,%202007\02,O/o2OACiENDA %20ANDoj,,20M1N... 7/18/2007 Page 1 of 1 Aqenda Item No. 2[) - Julv 24. 2007 Page"1 Df 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 2D JUlIO 22 2007 _ BCC/(;MP Arnendrl1€i1\ Mee\ing --r'4/20(j~' SOD ao AM Approved By James Ii M"dd C<:oun\y Man<iger Date Board ofColAnty Comml~,slOners County Manager'sOffi<::e 7f16120071i:16AM ~ file:l/C:\AgendaT est\Export\87-July%2024, %202007\02.%20AGENDA %20AND%20MIN.. 7118/2007 Page 1 of 1 Agenda Item No. 2E Juiy 2A, 2007 Page 1 of '1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 2E JUlle 26 2{)v' - BCClRegula' Meeting 7i?IJ/2()(i:\J()()()[)fl,M Approved By ,1~lt1ef, 1/, Mudd CQUntl'Manogm DOlte [;oarcloICounty Commissioners County Manager's Off<ce 7116i20071,16PfwI ~- file://C:\AgendaT est\Export\87-Julyolr,2024, %202007\02. (Yo20AGENDA %20A ND%20MIN ..' 7/18/2007 Name Board of County Commissioners Advisory Committee Service Awards Recipients Tuesday, July 24, 2007 # of Years Advisory Board Agenda Item ~Ja. 3A July 24. 2007 Page 1 of 2 Helen Carella Michael Carr Frank Donohue Ed Stares ,-" 5 Radio Road Beautification Advisory Committee 5 Housing Finance Authority 5 Parks and Recreation Advisory Board 5 Pelican Bay Serivices Division Page 1 of1 Agenda 11em No. 3A July 24, 2007 Paqe2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 3;, Advisory Committee SWViCf' Awards 10Ye<lr r~eClrdents Edward Olesky -lake Trafford ReSlOrallon TaSf. ~orce 5.Year RBCIDient~ Helen Carella. Radio Road Beautification AClVisory Committee Mic~)ael Carr IIOLlsmg Finance ALltlIQf;ly FranK ClOIlO'lJ6 - Parks find RbUnlltl(m .iC\dl!i3ory Soard Ec ;ilaros . Pel<can Bay Services D,vlsion Meeting Date: 7.i24120FJ79:00QO/:l_M Prepared By Pau11.lSprings Expcut"JeAldetolheBCC [WOO Board of County Commissioners Bce Office 7121200711:25:43 AM Approved 'By Su,", Fii50tl Expcut,ve Mlllwger to the BCe Date Board of County Commissioners Become," 712/10071:55PM Approved By James V Mudd County Manager Date 8oardofCounty C:ommis,;;oner& County Mlilnager'$ Office 7/2/20073:37PM file://C:\AgendaT est\Export\87~.luly%2024 ,0/0102007\03. %20SER V1CE%20A W ARDS\ Twe.. 7/1812007 Page 10f1 Agenda Itern No. 3A 1 July 24, 2007 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Item Number: Item Summary: Meeting Date: 3>\1 rJatnc~ \Nebb lO"a~iiltlii't: lviBl18gE'fllem ;'124120C;79 00 00 ",M ApprrlVedBy Jal11es\', Mudd County Man;,ger !Jale Board of Couoty Commissioners County M"nllger'sOlfice 7!16120071Q:45AM .-- ,.-- file://C:\AgendaTest\Export\87 +.Iuly%2024. %1202007\03 .%20SER V ICE%20A W ARDS\Twe.. 7/] 812007 Pagelofl Aqenda Herr: No, 38 , July 24. 200 Paq€ 1 of COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number: 381 Item Summary: Meetlng Date: Jos.,ph ;~hiricc' TlfJrlSpOnDl,on ;"/2tJ20l;! 900 :lOl>,M Approved By James V. ~~udd BO.lrcl"fCounl\l Cornmi~sioners County Manager Dale CounlyMllnnger't Office 711f,12t1IJ710,44AM "....~ filc://C:\^gendaTcst\ExDort\87 -.lulv%2024. %202007\03, %20SER VICE%20A WARDS\Thir.. 7/1812007 Page I of 1 Aqend8 Hem I~O 3Cl " July 24, 2007 p::qn 1 ofl COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: MeetlngDate: 3(;1 .Jarnes ;h(!n1(~$ Parks and He;::r6<Jtion .' i:' 4/2 007 9.00 .liD f'.I\~ Approved By JarnesV, Mudd COLJrlty M(lf1~ger 1.);>1", BO:lrd a/County Comm;l>s,onars County Manager'sOff,ce 7116/2D0710:44AM filc://C:\^2.enda T cst\EX110r1\87-Julv%2024. ''10202007\03 .%20SER V1CE%20A W ARDS\ ll1ir n 7/1 8/2007 Agenda Item No. 5A July 24,2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize David Verrot, Senior Field Crew Leader, Wastewater Collections, as Supervisor of the Year for 2006. OBJECTIVE; To obtain approval from the Board of County Commissioners to recognize David Verrot, Senior Field Crew Leader, Wastewater Collections, as Supervisor of the Year for 2006. CONSIDERATIONS: David Verrot, Senior Field Crew Leader for Wastewater Collections has been nominated as "Supervisor of the Year" for 2006. David deserves this high honor because he has demonstrated great skill in motivating the employees under his direction. He does an exceptional job of planning and organizing tasks so that they are often completed ahead of schedule. His timeliness often results in significant cost savings to the department. He puts in extra time and effort to meet with customers and is always willing to listen to them. His communication skills are excellent, and his responsiveness and visibility go a long way to create good will and confidence with the public. In fact, David plays a key role each and every day in protecting the health and safety of the citizens of Collier County and is certainly deserving of this honor. FISCAL IMPACT: The "Supervisor of the Year" receives a cash award of $250.00, Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of David Verrot as "Supervisor of the Year" for 2006. PREPARED BY: Brittney Mahon, Employee Recognition Coordinator, Department of Human Resources ......". Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 5A July 24, 2007 P8~Jf) 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS :,,{., Re~olT1T'lendatlOn te recognize David Ver'ol SeniQr Field Crew Lea,'jsr Wastewater Colieclions as SllperVl50r oilh0 Ye"rfor2006 7/24120G7;:'OOOO/,M Employl'!e Rocognition Coordinator Date Prepared By Brittne~ Mahon AdministrMiv!?JServic(lS Human Raso"ces 7/9/2007 ,:?:4b:SO AM Approved By Administrlltive Service,; Adminis.trator Date len Golden Price Administrativ~Services AdministrativeServic<;sAcinlln 71ll120072,14PM Jelin Merritt HumatlResource. DirF.ctor Date Approved By AdministrativeS<:!rvices Human Ro&ource$ 7/9120072:22PM AllllrovedBy OMBCoordiniltar Administrntive5ervices Applic;;ltion~ Analyst Date Infarmalionlecl1nology 7/912007 ~:37 PM l.lJuraDnvissoll Ma,..agc:ment& B"dget Analyst QatI' Approved By Cc>untv Manager's Office Qffice<>fManllgement& Budgel 711012(]079,13 AM Mictlael Stnykowski Managements, Budget Director Date Approved By County Mll.nager"s Offire Offleeel Management & Budget 7110120079,49 AM Approved By JamesV. Mudd Board of County Commissioners County Manager Date County Manager'sOltice 7110.'20072:36 PM file://C:\A2.endaT est\ExDort\87-Julv%2024.%202007\OS .%20PRESENT A Tl ONS\SA \SA %2.. 7/18/2007 Agenda Item No. 58 July 24, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Barbara Olko, Administrative Assistant, Public Utilities Operations, as Employee of the Month for July 2007. OBJECTIVE; To obtain approval from the Board of County Commissioners to recognize Barbara Olko, Administrative Assistant, Public Utilities Operations, as Employee of the Month for July 2007. -- CONSIDERATIONS; Barbara Olko, Administrative Assistant for Public Utilities Operations, has been nominated as July's "Employee of the Month." Barbara is always upbeat and has a positive attitude in everything she does. She always strives for excellence and has an outstanding commitment to the mission of the Public Utilities Division. Barbara is detail oriented and has proved to be a valuable asset in managing the many tasks and functions assigned to her. She is generous with her time and is always ready to help support others. She offers to assist with special projects and has been valuable in this regard. She helped coordinate the office renovation, filled in as the Executive Secretary for the Division Administrator, and participated on new candidate interviews. Presently, she serves as the Safety Coordinator for the Division and has served as the coordinator for the Public Utilities Health Fair. Barbara approached all these tasks in an efficient and professional manner. She is also acknowledged by her peers as a mentor. Barbara is truly an asset to the Division, and is a valuable member of the team. Barbara has eamed this prestigious honor. FISCAL IMPACT: The selected "Employee of the Month" receives a $150.00 cash award. Funds are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION; That the Board of County Commissioners approves the recognition of Barbara Olko as "Employee of the Month" for July, 2007. PREPARED BY; Brittney Mahon, Employee Recognition Coordinator, Department of Human Resources ,......'. Page] of ] Agenda Item No, 58 JlIly 24, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 58 Meeting Date: Recommendat,(H' to rccognlle [-Jarbara Olko Administrative,",sslstal11 Public Utilities Operations, as Empioyeeof thf MonlhforJuly:!Q07 7/24!20079,OO!JO,A.M Item Summary: Prepared By Brittney Mahon Employee Recognition Coordinator Date AdministriltiveServic:;es Human R\!soucas 719!Z0079:41:06AM Approved By L!;'nGQldenPric"" Admin)~lralivE Services AdminIstrator Oat\! Admin;strativeS..rvices Administrlltive Services Admin. 719120072:1;1 PM Approved By JeanlVlerr;h ~'uman ReStlUrCf>5 Diroctor Date Admirl;5tratlVoSeJ'Ji~e" Human Resources 719120072:21 PM Approved 8)' OMB CoordinOlt0r Appli~"tiDns t.naiyst Date Adminis!rativoSer.'ic"s Informllli-:mTechnology 719:20074:35 PM Approved By L<lura OIl~issOIl Man"9<o1f!lC..nt& Budg(ll.!lf\<1lyst Dllie County M"nJger'~Olf;Ge Otricc of Management & Q'Jdgl.'l 7/91l0075:00PM ApprovedB)' Michael5mykowsld M"'nag",namt 8, Budget Director Dille County Manager's OffIce Office of Managemenl & Budget 711U120(}7 8:37 AM Apllroved By James 'v, Mudd County ~'anDger Date Board of C')unt~ Comm;ssIonr"s County Mlln~Iger's Office 7ilQ120a72:15PM file://C:\Agenda Tcst\Export\87-July%2024, %202007\05. %20PRESENT ATl ONS\5B\SB%2.. 7/18/2007 Ur--N LOO........ ._-~; .. (l) .~ '" 03 >>cti ':::30.. co' "0 C (l) ~ .- - ~ o ... z o .... E-- < E-- Z "" '" "" a: ~ a: o E-- U < a: E-- Z o U r- c <:> ..... ...;- ..... ,.., "'3 ..." ;,,; ~ '" :::l c .::; ~ .. ~ C '" '" '" ~ "" "" .. CO =:l ..... <:> <:> ..... l/") . "'~ :E '3 =:l '" c CO .~ ~ '" "" '" Q., o .... .. 'C '" Q., '" '" E:: 'C '" 63 c = = CO U "" ~ "'3 ~ '" ..... <:> .... , -c <:> "" '" ..Q S = z ~ OJ '" CO "" ~ .. .... ~ E-::: ~ OJ '" CO "" ~ "" '" ..Q e = z ~ OJ .. "" ~ = CO U = .::; ~ OJ = "" ~ '" = CO U ,.., .. =:l ;!: ;Q "" '" "" = .. ;;. '" ~ = .. Z = C fi: ~ = .. e ~ ;; C/) Q., C QJc .Sl ~ t) c cCi ~ = '" e .. Oll ;S " ;;; '" .~ ~ .~ .... 'C .. ... ,'" ~ Q;) U) Oll ~ ~ :::::: = " ~ ... OJ OJ .~ CO "" ~ -; Q., 'C = 'C ~ ~ ~ - "C .. CO ::: = CO a: "" '" .. = .. ~ ~ OJ '" CO "" ~ ...: " Oll C " ..c e::: " '- u '- ';;j c " '" " "0 ::l (3 ,S <:> <:> 0:. "" ..... = l/", ..... = .... "'" ';; ..c ... " :& ... ;; 2 ,5 - "" c j2 '3 ..Q ...... ..;.: = = = = CO CO ~ ~ ~ ~ ti " " l:: "" ~ -= u 15 ] ] ._ os: " o a: >, E '" , o is ... ... o 2 ,;, a ::l 0"' '" o o o ~ 7 N ..... ,.., .... " :: OJ ..." ... '-' ::l .b en c o U i:1 CO .~ ~ "" '" '" ~ OJ ;: ? ~ ~ - CO - ... .5. QJ .:: ... .~ cia .~ .... OJ '" '" :::l ~ OJ '" co "" ~ "" ""': .., <:> .... . - "" ~ - "'" "'0"0";"'0 ~ :: .... QJ 1;; ~ Q;j ::: .~ 5 e's = ~ ~ ... C"l ~ .cl Q,.} I'-l........... Q.. =~QJ"9~ Q._ OJ) - _ ;e~==.; "Cl"'O;:"O"tj :: - Q,I"C Q QJ ~ = ...... ~ .:: 01) '" "'0 :: .s";; ~ = ~ '" ::..c"'O"O.:Q E "CI ~ ~.~ 0Ll Q,I - QJ ... ~ l-o ";..c ~.~~.~~ ==.:: =.- < --...~ Q,.} :: ~ Q .... '::=~Q,.}'::: ~-=~- r-' ; :: ~ .~ ~...c:! = :: ~ ..... ='.-- ~~-..=o. = I:,.l 01l::: == ";: :: :: :: s ~Sj>.~ ... QJ "; .s ...... ~~,.Q(jOJ'"E c-;.8 ;; VJ ........ Oll= = ~ CJ.l ....._ o :: e.: :... 005 :3.8- ~~~]~ QO <:> <:> ..... ~ .... '" e " '" " ~ = "t; "".... ~ "" Oll ClJ ~ Co) :: -='-~.~ Q ~ e.2::..Q OJ""" Q.. t. Q,.} ..c C.,l l-o "'" f-i i: CJ.l >>= ~-:SQ:l:Q,} 0: ~ VJ Q,} C.,l E t; = ~.s Oll"; .~ ...::> ::.- _ _._ C.,l .....:2 - QJ r;: ~ ... O,.,.Q OJ >- 0.= Q,} :: :: N ... Q,} CJ.l Q,l ~ d,.Q .~ ..;:d V? rIJ .... eo; Q.I Q .5 .... .c ~ .... :: ~ Q,l d- ~~~"5~ o r:n'- "C 0;: .... ....... ~ Q) =ot:;CJ =='S= a~;-, ~=o.OJ)= '" = :: Q,I ~ Co) ",... _ 111 >>= "C :s ~ .... ~u-~= ;;~>.-f Q:~~~~ ";O:<l.lO-C ~ .- CJ Oll.cl Q.) .~ ~ .5 - t: -~"'Q-="'CI~ " looo; ::: 0 ::: Q.) < G " '" ,,"" eo = ... .; '" ~ ::: ::: '" .- OIl;: " = - ~B Oll = :a = ..Q -; ~ '" '" ~ ... s :: co .~ t ~ . E- ;; -=: >-- 0'- OJ '" ~ ~ ~ .- ::I ~ .5 ~ '"a) ::: C) "'0 ..c ~...... ~ I"--< ;::: 0: c.. -'~ [i _ "" :;:: Oll ~==~ I:'d .- ::l E--"''''' ~.... '" "C~..c '" ,. '" = '" = .~ I:'d ... '"= is: 0 Q:l ~ .... '" OJ "" ::: I:'d ::: .~ .t: r,) t ::: ~ < 8 cS ,:, i; .:: "C "" .; - - " ~ :;;l ~ u Oll .5 ... '" '" .... '" .. I- - >. - = ..." '" .-::: '" = co '" = 'tl Oll = ~ 'S ..Q -; ~ '" e '" ..c ~ .... ..s '" ~ .~ ~ " "" c = ..s "" = eo ,:, .s '" Oll = 'C " Q., '" ~ '" = ~ " ~ '" ... " '" co "" ~ -::: :;:: .... .... = u Page 1 of 1 Agenda Item Ho. 5C July 24, 2007 P3~Je 2 of 2 COLLIER COUNTY 60ARD OF C!JUNTY COMMISSIONERS Item Number: ltemSummary: :iC Meeting Date: Vanaertl'lt 8ay COrlst<u,"IIOt' Will Nesent the ."Iatus of thE''' construction e.fforts for the IlfJW Coti:er Ccunty Srlerili!; Specia: ()peratlOns BUI!ding. P'oject 520G2 7/;/4/2007 '2 UO:Oll,'\M Approved By Skip Camp, CFM, FacWti"'s Management Dimctor Date AdministrativeServ;ces facililiesMMlagemfrnt 71612oo71.54PM Appro....edB} Len Gvldl'!n Price Administr;:tive Servi{;e~ Administrator Date AdministrlltlveServices AdminislratfveServicesAdmin 7/9/20071:5;2PM Appro....cdBy OMB Coordirlator :\Pphc:\tiorwAI1~ly:;;t Oat!' AclmmfstrativllServices InlormiltlonTechnology 719120074c16PM Approved By SusarlUsr,er SeniQr Matlagl)rn"'ltIBudg~t Analyst Date County Manag"r'sOftice Off\c" of I\)~ndycmeflta Budget 7.'10120075:10PM Approwd By JamesY, Mudd County Man;lf/or Dati' Board 01 Counl~' Commissioners County Manager's Office 7i1112(J(J712:0?P~ fild/C:\AJ?,endaTest\Export\87-JulyO;(,2024, %202007\05. %20PRESENT A TIONS\5C\5C%2.. 7/1812007 Page 1 of! Agenda Item No. 50 July 24, 2007 Page i of 1 COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS Item Number: Item Summary: 5D PreSen181tOl' ~y 101'" Eli: Bartor; cngmdmg cOnli~,uecJ SL:PP(wt lor ttlt~ Southwost Flonda E1.pressway?\uttlorlt)' Meeting Date: 712&.120C'7B.OO GQ,I\M ApJlrovedBy James V Mudd Baud a/County Commissioners County Manager DMe CountyManll.ge"'~ Office 7IHJ20071iJ:4'iAM .-. -" file:l/C:\A.gendaTest\Export\87-Julv%2024, %202007\05 .%20PRESENTA T10NS\5D\5D%2... 7 j 18/2007 Agenda Item No. 5E July 24. 2007 Page 1 of 169 Recommendation that the Board of County Commissioners accept presentation of status report on (1) potential inclusionary zoning ordinance, (2) potential mitigation fee ordinance, (3) affordable-workforce housing supply study and (4) economic impact analysis of a potential affordable-workforce housing mitigation fee, and give further direction to staff and the County Attorney on the potential ordinances. EXECUTIVE SUMMARY OBJECTIVE: Recommendation that the Board of County Commissioners accept the presentation of a status report on (1) potcntial inclusionary zoning ordinance, (2) potential mitigation fee ordinance, (3) affordable-workforce housing supply study and (4) economic impact analysis of a potential affordable- workforce housing mitigation fee, and give further direction to the staff and the County Attorney on the potential ordinances. CONSIDERA nONS: The Board of County Commissioners requested staff and the County Attorney to continue development of potential ordinances for inclusionary zoning and an affordable-workforce housing mitigation fee. In addition, the Board requested it be given a study reflecting affordable- workforce housing supply in the County and also an economic impact analysis of a potential affordable- workforce housing mitigation fee. Attached for the Board's consideration are the following documents: 1. A draft inc1usionary zoning ordinance; 2. A draft affordable-workforce housing mitigation fee ordinance including a technical study; 3. An affordable-workforce housing supply study; and 4. An economic impact analysis of the economic impact of a potential affordable- workforce housing mitigation fee. The ordinances were developed in conjunction with the Nabors & Giblin law firm and Dr. James C. Nicolas, Ph.D., who provided the technical study to support the mitigation fee. The affordable-workforce housing supply study and the economic impact analysis were compiled by Fishkind & Associates. Representatives from Nabors & Giblin as well as Dr. Nicolas and a representative of Fishkind & Associates will be present at the July 24, 2007 Board meeting to discuss their work to date and to address questions and concerns of the Board. GROWTH MANAGEMENT IMPACT: There is no immediate growth management impact associated with this Executive Summary. Nevertheless, Objective 1 of the Housing Element of the County's Growth Management Plan provides that "[t]he number of new affordable-workforce housing units shall increase by at least fifteen percent of the units approved to be built in the County per year, but not less than 1,000 units per year averaged over a five-year period in an effort to continue meeting the cunent and future housing needs of legal residents with very-low, low and moderate incomes, including households with special needs such as rural and fannworker housing in rural Collier County." FISCAL IMPACT: No direct fiscal impact beyond fees and costs (estimated approximately $114K) incuned for creation of inclusionary zoning ordinance and mitigation fee ordinance utilizing special counsel, the Nabors & Giblin law firm, and consultants for data collection, methodology and housing analysis reports. Adoption of the mitigation fee ordinance would result in collection of fees toward affordable-workforce housing. RECOMMENDATION: That the Board accept presentation of the status report on (1) a potential inclusionary zoning ordinance, (2) a potential mitigation fee ordinance, (3) an affordable-workforce housing supply review, and (4) an economic impact analysis of an affordable-workforce housing mitigation fee, and give further direction on potential ordinances to the staff and the County Attorney. 06-CPS-00381/602 .- Page 1 of 1 Agenda Item Nc,. 5E July 24, 2007 Page 2 of 169 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5E MeetlngOllte: This Item 10 De heard at 3.00 pm Recomrnendatiorllha; the' Board of Counly C;ornmissioners accept presentation Of slat US repor1on (1) poten llallncluslonaryzonlng ordinance, (2) potentiai mitigation fee ordinance. (31 affordable workforce~housing supply study and (4) economic impactanalysisofa potential aftordabieworkt orce_rlOuslngmitigation fee. and glViC turti1er direclion to stan and the County Attorney on the potenlia: ordinances 7!.?41200780000,",M Item Summary: Prepared By MichafilPettit Chief Assistant County Attorney Date County Attorney CDunly Attorney Otfice 7116120072:39:08PM Approved By David C. Weigel County Attorney Date County Attorney County AtlomeyOffica 7!1612007244PM Approved By Michael Smykowski Management &. 8udget Director Date County Manager's Office Office of Management & Budget 11181200712:23PM Approved By James V, Mudd County Manager Date Board 01 County Commissioners COUrlt~. Milna9.er's Olflce 711Ei20074:32 PM filp.l!r'\A",pnri"Tp<:t\O:;v"'"rt\S!:7_111h,O/~')n"'L1 (>/~ ..,n')()()7\()" o/n')()PRp<Qr.;"'-TT A ,1(,"'-1<;:\ '::1=.'\'::PO/n') '7/12nfll1'7 Agenda Item No 5E July 24, _ I 07 Page 3 of 169 Draft Inclusionary Zoning Ordinance r Agenda Item N 5E July 24, ')07 Page 4 0 169 ORDINANCE NO. AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE; CREATING REQUIREMENTS FOR INCLUSIONARY HOUSING IN CERTAIN RESIDENTIAL AND MIXED USE DEVELOPMENTS; PROVIDING FOR A FEE IN.LillU OF CONSTRUCTING INCLUSIONARY UNITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISISONERS OF COLLillR COUNTY, FLORIDA: SECTION I. SHORT TITLE. This Ordinance shall be blown and may be cited as the "Collier County Jnclusionary Housing Ordinance." SECTION 2. AUTHORITY. The Board of County Commissioners of Colher County, Florida, has the home rule authority to adopt thls ordinance hy virtue of Article Yill, section l(f), Florida Constitution, and sections 125.01 and 125.66. Florida Statutes. SECTION 3. APPLICABILITY. This Ordinance shall apply to all Conuibuting Developments in the unincorporated area of Collier County. SECTION 4. LEGISLATIVE FINDINGS. Collier County is facing a crisis as a result of a significant lack of available Affordable-Workforce Housing. Housing prices in Collier County have risen to such an extent that critical and other workforce personnel necessary to support new development are unable to acquire hOllsing within their income needs. To address this crisis. the Board of County Commissioners of Collier County ("Board") has directed staff to investigate the availability of Affordable-Workforce Housing for persons and families with very- low to moderate incomes who work in Collier County, As a result, the Board makes the following legislative findings and determinations: Agenda Item I~~ 5E July 24. _ ' 07 Page 5 of 169 (A) In Chapter 420, Florida Statutes, the Florida Legislature directly recognizes the critical shortage of arfordable housing in the State of Florida for very low to moderate income families, the problems associated with rising housing costs in the state. and the lack of available housing programs to address these needs. In recognition of these problems and the State's encouragement to local governments to work 10 partnership with the State and private sector to solve these housing problems, the County has examined its local Affordable-Workforce Housing problem and finds a critical need for local programs to stimulate and provide for the development of Affordable-Workforce Housing for Eligible Households. (B) In Section 163.3177, Florida Statutes, the Florida Legislature has directed counties to plan for the provision of housing for all current and anticipated future residents, provide for the elimination of substandard dwelling conditions, and plan for the provision of adequate sites for future housing, including housing for low-income. very-low income, and moderate- income families. As such, the County has examined its local Affordable-Workforce Housing stock and finds a critical need for local programs to stimulate and pro\/ide for the development of Affordable-Workforce Housing for Eligible Households. (C) Objective 1 of the Housing Element of the Collier County/City of Naples Growth Management Plan requires lhe County to increase the number of new Affordable-Workforce Housing units hy a minimum of 1.000 per year to meet the housing needs of all cunent and future Eligible Households, including lhose reSidents with special needs such as rural and farm worker housing. (0) Policy 1.3 of the Housing Element of the Collier County/City of Naples Growth Management Plan requires the County to explore the use of local legislalion to increase the 2 . Agenda Item N. 5E July 24.' 07 Page 6 01 69 supply of Affordable-Workforce Housing through the use of a variety of land development options, including inclusionary zoning to require the provision of lnclusionary Units. (E) Policies 2.5, 2.7,2.9, and 2.10 of the Housing Element of the Collier County/City of Naples Growth Management Plan encourage the use of development incentives to facilitate the provision of Affordable-Workforce Housing in the County. (F) A review of state and national censuses and other wage and labor data in conjunction with local real estate sales data. demonstrates that the amount of housing in the County that is affordable to persons of moderate income and below has been declining. Property values in Coilier County have increased substantially in the past five years. At the same time, earned incomes have not kept pace with the increase in such values. (G) Recent data indicates that the median income for households with families of four in Lhe County is $66.100 annually while the median housing price in the County is $469.100. (H) The increase in property values is attribulable to growth and develupment, particularly insofar as people and buslnesses continue moving to Collier County. The migration of people and businesses to the County creates a demand for new residential and non-residential development. However, there is a scarclty of housing stock for persons without high paying jobs but who wish to live and work in Collier County, and whose presence in the workforce in Collier County is necessary to support and provide essential services to those new residential and 000- residential developments. Such workforce is necessary to ensure a strong local economy jote the future. (l) The shortage of Affordable-Workforce Housing for Eligible Households creates a threat to the health, safety and welfare of the citizens of Collier County because persons who support and provide essentIal services to new development within Collier County. but whose 3 Agenda Item N 5E July 2~.' '~07 Page 7 of ',69 wages are not gufficient to afford housing in the County. may be forced to move elsewhere to live. work. and raise their families. Because a resident workforce is necessary to provide essential support and services to new development and to ensure a sustainable local economy, this ensuing labor shortage would adversely affect both private business and the public at large. (1) Insuring an opportunity for persons in Eligible Households tQ live in the County is also important to maintaining community character, an essential component or which is the social, economic, and political fabric created by the general sense of community that occurs when families that work in the community, live in the community, attend schools in the commumty, participate in civic organizations in the community, and vote in the community. (K) The existing shortage of Affordable-Workforce Housing in Collier County could result in persons from Eligible Household migrating to other counties to live. These employees and their families may be forced to move out of the County into neighboring communities and will result in a shortage of available support for new development and a deterioration of the 10(.;a1 economy and community character. In addition to placing stress on the capacity of the- local community to maintain a viable workforce, the migration of persons from Eligible Hou:.eholds from Collier County also contrihutes to overcrowding, substandard housing, traffic congestion, increased pollution. urban sprawl, homelessness, and other societal ills, which, in turn, increases the amount of services and infrastructure the County is forced to provIde. (L) The current economic condItions in the County are desirable and attract new businesses and residences, but the very attraction of new business, housing, and other incidents of growth exacerbates the shortage of Affordable-Workforce Housing available to Eligible Households. New development requires morc workers to support and serve it and in many 4 T Agenda Item N 5E July 24, 07 Page 8 at 169 instances the workers are not hIghly paid, thus all new development, both re!l.ldential and non- residential, exacerbates the shortage of Affordable-Workforce Housing. (M) Addltlonally, any land development reduces the supply of land available to be used to build Affordable-Workforce Housing. Accordingly, it is fair and reasonable to impos.e an incJusionary zoning requirement for the provision of lnclusionary Units on Contributing Development when it possesses, enjoys, and consumes land, which constitutes the primary resource for housing. (N) Recent legislative changes to section 163.3177(6), Florida Statutes, require the County to adopt a plan by July 1, 2008 for ensuring affordable workforce housing, including the identification of adequate sites for such housing. (0) The Board desires to provide incentives to develop and provide Affordable- Workforce Housing stock within the County so that persons in Eligible Households who desire to live and to work in the County may have access to housing, and thus to offset the negative consequences of the shortage of such housing. (P) To accomplish these objectives in accordance with Section 125.01055, Florida Statutes, the Board finds that it is fair and reasonable to impose a generally applicable inclusionary zoning requiremenl upon all new residential and mixed use growth within the County to increuse the supply of Affordable-Workforce Housing In the County. (Q) The Board finds that it is fair and reasonable to require Contributing Developments with 30 or more residential units to make 10% of those Inclusionary Units or alternatively to provide rental hou,.;ing, off-site Affordable-Workforce Housing, Land Donations In Lieu or pay a commiserate Fee in Lieu of the provision of Affordable-Workforce Housing stock. .5 Agenda Item r,c 5E July 24. '107 Page 9 of 169 SECTION 5. SITE IMPROVEMENT PLAN REVIEW. Section 10.02.03 of the Collier County Land Development Code is amended as follows: 10.02.03 SubmiUal Requirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan: the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including drive\vays, traffic calming devices, parking areas and emergency access; lhe availability and capacity of drainage and utility fJcilities; the nrovision of Inc1usionarv Units; and, overall compatibility with adjacent deve,Jopmem within the jurisdiction of Collier County and conslderation of natural resources and proposed impacts thereon. * * * B. Final Site development plan procedure and requirements. A pre-application meeting shall be condm;ted hy the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the Applicant. L Site development plan submittal packet: The site development subminal packet shall include the following, if applicable: " * * k. lnclusionarv Housing Plan, For all ContJibutin2 DevelonmenLs subiect to Chapter 11 of the CollIer Countv Land Develonment Code the Applicant shall submit an IncJusionarv Housing Plan as nrovided in Chanter 1 L SECTION 6. INCLUSIONARY HOUSING. The Collier County Land Development Code IS hereby amended by creatmg Chapter 11, Inclusionary Housing. as follows: CHAPTER n. INCLUSIONARY HOUSING 11.01.00 Inclusionary Housing. 11.01.01. Purpose and Intent. The regulations and requirements of this chapter are intended to: A. Promote the health. safety and general welrarc of the citizens of the Collier County through the implementation of the goals, ohjectives and policies of the Collier County/City of Naples Growth Mnnagemcnt Plan; 6 .. Agenda Item N, 5E Juiy 24, 07 Page 100; 169 B. Increase Affordable-Workforce Housing ownership opportunities within the County; C. Stimulate the private sector production of Affordable-Workforce Housing available to families earning 150% and below of the area median income; D. Facilitate and encourage development that includes a range of housing opportunities through a variety of residential types, forms of ownership, and home sales prices; and; E. Encourage the even and widespread distribution of Affordable-Workforce Housing opportunities throughout alJ portions of the community, including within new developments in fastest growing areas of the community. 11.01.02. Definitions. In addition to the definitions and rules of construction in section 1.08.00 of this Code, the rollowing words, tems and phrases, when used in this section, shall havc the meanings ascribed to them as set forth below, except where the context clearly indicates a different meaning: Affordable-Workforce Housing shall mean a Dwelling Unit offered for sale or rent to an Eligible Household and with respect to which monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households of an Eligible Househotd. Board shall mean the Board of County Commissioners of Collier County, Florida. Building Permit shall mean an official document or certificate issued by the County. lmder the authority of ordinance or law, authorizing the construction or siting of any Building. "Building Permit" shall also include tie-down permits for those structures or Buildings, such as a Mobile Home, that m<lY not require a Building Permit or other approvals that do not require any other type of permit before the respective item may lawfully be occupied, used, or operated. Certificate of Occupancy shall mean the official document or certificate issued by the County under the authority of ordinance or law, authorizing the occupancy of any Building, or pans thereof, within Contributing Developments. "Certificate of Occupancy" shall also include tie-down permits for those structures or Buildings. such as a Mobile Home, that may not require u Certi ficate of Occupancy. Contributing De\'elopment shall mean any development involving the construction of thirty (30) or more Market-Rate Units. County shall mean Collier County, a political subdivision of the State of Florida. 7 Agenda Item Nc 5iC July 24, c, 07 Page 11 of 169 County Manager shall mean the chief administrative officer of the County or such person's designee. Eligible Households ,,,hall mean one or more natural persons, the total adjusted household income, as adjusted for household size, is 150% or below of the median adjusted gross income for households within the Naples-Marco Island, Florida, metropolitan statistical area as reported by the U. S. Department of Housing and Urban Development or its governmental successor in function. Fee in-lieu shall mean the fee paid by the developer/owner of any Contributing Development as an alternative to providing required Inclusionary Units for sale within the primary development. Inclusionary Housin,g Plan shall mean a plan submitted detailing the number, type, and location wIthin a Contributing Development of lnclusionary Units. Inclll..'iionary Unit f>hall mean an owner-occupied. Affordable-Vlorkforce Housing Dwelling Unit provided by a Contributing Development pursuant to this Chapter. Market.rate Unit shall mean a Dwelling Unit in a Contributing Development that is not an Inclusionary Unit. OtT~Sitc Unit shall mean an lnclusiunary Unit that will be built at a different location than the primary Contributing Development. On~Site Unit shall mean an Inclusionary Unit that will be built as part of the primary Contributing Development. 11.01.03. Applicability. A. The requirements of this section shall apply to all Contributing Developments within the unincorporated area of the County. Contributing Developments suhject to the requirements of this section providing no less than 10% and as much as 100% of the total number of Dwelling Units in Lhe Contributing Development as Inclusionary Units shall be eligible for development incentives as provided in accordance with Section 1 J .02.0 1. B. Developments not subject to paragraph A. above that provide no le~s than 10% and as much as l00(%:, of the total number of Dwelling Units in the primary development as Inclusionary Units shall be eligible for those development incentives as provided in accordance with Section 11.02.01. C. For the purpo5es of this section, two or more Contributing Developments shall be aggregaled and considered as one development, If they are no more than 1/4 mile apart and any two of the following criteria are met: 1. There is a common Interest in two or more developments; 8 ~ Agenda Item Nc 5E July 24, 07 Page 120f 169 2. The developments will undergo improvements within the same five-year period; 3. A master plan exists, submiued to a governmental body, addressing all developments; 4. All developments share some infrastructure or amenities; or, 5. A common advertising scheme or marketing phm addresses all development. 11.01.04. Vested Rights. A. Those provisions set out in this chapter requiring Contributing Developments to provide Inc1usionary Units or any of the in-lieu comparables shall not apply to the development of any property authorized by and consistent with any of the following development orders approved prior to the effective date of the Inclusionary Housing Ordinance or in application prior to the effective date of the Inclusionary Housing Ordinance and subsequently approved without major modification during the application period: preliminary plat approval; site plan approval; PUP concept plan approval; Development Agreement, approved pursuant to Chapter 163, Florida Statutes; or, DRI Development Order approval. B. In those instances where the propelty owner of a vested property applies for a new Development Order, that jf approved, would constitute a major modi rication of the previous Development Order, that property may lose its vested status as it relates to the provisions of this Chapter. Any modification to a previously approved Development Order resulting in the addition of 30 or more Dwelling Unit, than previously allowed in the Development Order approved prior to the effective date of the Inclusionary Zoning Ordinance, that were not previously mitigated, shall be suhject to the provisions of this Chapler for lhe increa~ed number of Dwelling Units. C. The determination as to whether a change to the Development Order would be constitute a major modification shall be made by the County Manager or his/her designee, based upon applicable criteria in this code and Chapter 163, Ronda Statutes, as may be applicable. 10.01.05. Exemptions. The following shall be exempt from the requirements of this article: A. Mu1ti~family Dwellings constmcted for rental purposes shall nor be subject to requirements to provide Inclusionary Units: however, Multi+famjly Dwellings constructed for rental purposes may be provided to satisfy certain requirements for IncJusionary Units, as provided herein; Condominiums and Townhouses intended for owner-occupancy are not exempt and shall be subject to these regulatiom; B. Group Housmg and A.ssisted Living Facilities. 9 Agenda Item N 5E July 24, ]07 Page 13 0 169 C. Dormitories and group quarters; and D. Manufactured homes shall not be subject to requirement~ to provide Incl11slOnary Units and may not he provided to satisfy any requirements set forth herein. E. Developments that, through data and analysis acceptable to tne County Manager, demonstrate they will not create a need for Affordable-Workforce Housing in the County. 11.01.05. Requirements for Inclusionary Units. The following requirements shall apply to all Contributing Developments: A. All Contributing Developments shall provide a minimum of 10% of the Dwelling Units as Inclusionary Units. For purposes of thl!; section accessory apartment units shall not be construed as a Dwelling Unit, either for purposes or determining the number of Inclusionary Units required or the number of lnclusionary Units provided. B. The following stanc1ard~ shall he utilized in the calculation of number of inclmionary units required to be provided: 1. Density Bonus Units: For purposes of calculating the number of Tnc1usionary Units required hy thIS flection, any additional Dwelling Units provided through use of the density bonus incentives of this Chapter will not be counted in detennining the required number of IncJusionary Units. 2. Fractional Unit Requirements: In determining the number of whole lndusionary Units required, any fractional requiremenl shall be rounded up to the nearest whole number. C. ReqUIred Inclusionary Units shall he-provided within the pnmary development or at an alternative, off-site location approved by the County. D. The County may grant ,^'aivers of requirements for Inciusionary Units if the Board finds the following: I. The application of the requirement to provide Inclusionary Units would produce a result inconsistent with the goals and objectives of the Collier County/City of Naples Growth Management Plan pertaining to the development of the community; or, 2. If the primary development is part of a larger development. that development furthers the intent of this section through means other than strict compliance with the regulations ~et oul in thts ~eclion. E. At the lime of the approval of any site plan fnr any Contrihuting Development 10 . Agenda Item No 5E July 24, 07 Page 14 of 69 required to provide lnclusionary Units, as authorized by this Chapter, the Applicant shall post a bond equivalent to the Fcc In-Lieu of providing the required Inclusionary Unit<;. The County shall retain the bond money in escrow in an interest-bearing account for a period of no less than three years, or other time period agreed upon by the Applicant and the County, or until the Cuunty has documented that the required Inelusionary Units or Tn-Lieu compardbles have been provided, Upon documentation that the lnclusionary Unit requirement has been met in part or in full, the County shall remit that portion of the bond money and interest pTOponionally equivalent to the portion of the lnclusionary Unl1 requirement satisfied tu the Appli<.;ant or their assigns. 1f, after a period of three years, or other time period agreed upon by the Applicant and the County, the Applicant has not demonstrated comphance with the requirement, the bond shall be forfeited and the bond money and interest shall be transferred to the lnelusionary Housing Trust Fund, and may thereafter be utilized for purposes of providing Affordable-Workforce Housing in the County. In those instances where the Applicant has agreed in advance to pay a Fee In-Lieu of all or a portion of the required Inelusionary Units, no bond shall be required to be posted for that amount of the requirement to be satisfied through payment of the Fee In-lieu. F. As an altemati ve to providing IncJusionary Units, the owner/developer may a pay a Fee In-Lieu to the County. The Fee In-Lieu rate shaIl be as follows: [TO COME] G, As an alternative to providing owner-occupied Inclusionary Units, the owner/developer may provjde 1.5 Affordable-Workforce Housing, Multi-family rental units for each owner~occupancy Inclw.ionary Unit not otherwise provided. Rental units provided in lieu of owner-occupied Inclusionary Units shall be provided on-site within the primary development or at an adjacent location approved by the County. H. The number and location of Inelusionary Units required in conjunction with a particular Conu'jbuting Development will be determined at the time of site plan approval as provided in Section 10.02.02 of the Collier County Land Development Code. Any of the following changes in the location of anyon-site Inelusionary Units after site plan approval shall constitute a major modification to the original development order and shall be reviewed accordingly: 1. Relocation contiguous to vacant property outside the primary development; 2. Relocation contiguous to property outside the primary development' developed with less intensive residential use~ or 3. Relocation contiguous to property inside the primary development, developed with less intensive reSidential use and not previously intended as the location of Inelusionary Units, The detennination as to whether the contiguous property is considered less intensive residential use shall be made by the County Manager. I. Construction of the required Inelusionary Units shall commence on or hefore the ililte that the Contributing Development receives Certificates of Occupancy for more than 35% of 11 Agenda Item I'h 5<:: July 24, 'i,)07 Page 15 of 169 its total Dwelling Units. The County shall not issue Ccrt1ficates of Occupancy for Market-Rate Units r.:ompriliing more than 75% of the tOlal approved Dwelling Units in a Contributing Development until all of the required Inclusionary Units are constructed or have Building Pennits issued hy the County, unless the developer ha<; elected to pay the Fee In-Lieu. 1. To promote integration of the [nelusionary Units into the overall Conuibuting Development, the following provisions apply: 1. Unless approved to be built off-site. the Inelusionary Units shall be intermixed with, and not segregated from, the Markel-Rate Units in the Contributing Development. 2. The lnclusJOnary Units must be advertised, sold, and maintained in the same manner as the Market-Rate Units in the Contributing Development and relevant information must be made availahle to prospecti\ie occupants of any Inclusionary Unit. 3. The developer or owner of a ContIibuting Development shall not disclose to any persons, other than the prospective occupants of the particular lnclusionary Unit, which units in the development are designated as Inclusionary Units. 4. In the case where construc[ion of a Contributing Development will take place in more than one phase, a pro rata percentage of the Inclusionary Units to which the developer has committed for the entire Contributing Development shaD be maintained in each pha<;e and shall be constmcted as part of each pha<;e of the Contributing Development on the property. 11.02.00. Developer Incentives. 11.02.01. Incentives for Provision of Inelusionary Housing. Thc followmg incentives shal1 be available to Contributing Developments constructing the required number of lnclusionary Units within the primary development: A. Any Contributing Development providing Inclusionary Unit~ pur~uant to this Chapter may be entitled to a 10% increase in allowable density above that otherwise established by the zoning district in which the development is. located. To quaM)' for this bonus, the Applicant must apply for an Lnclusionary Housing Density Bonus, as follows: 1. Pnor to 8.ubmitting an applkation for the Inelusionary Housing Den8.ity Bonus, a pre-application conrerence may be scheduled with the County Manager. The pre- applicatIOn conference provides an opportunity to familiarize the applicant with the lnclus.ionary Housing Density Bonus program and provides an opportunity for the County staff to obtain a clear understanding of Lhe proposed development. 2. An application for an Incluslonary Housing Density Bonus for a development must he submitted to the County in the fonn established by the County. The Inclusionary Housing Density Bonus application must at a minimum, include: a. The zoning di:.tnct" propused by the applicant on the property and acreage of each; b The total number of Dwelling Units in the proposed development; 12 . Agenda item No 5E July 24. '_ 07 Page 16 of i 69 C. The total number of Inclusionary Housing Density Bonus units requested; d. The total number of Inclusionary Units proposed in the development categorized by household level of income and number of hedrooms: (i) Gap Income Households (one bedroom, two bedrooms, or three bedrooms or more): Oi) Low Income Households (one bedroom, two bedrooms, or three bedrooms or more); Ciii) VerY Low Income Households (one bedroom, two bedrooms. or three bedrooms or more); 0\') Total Affordable-Workforce Housing Units (one bedroom,two bedrooms, or three bedrooms or more); e. Gross density of the proposed development (without and with Inclusionary Housing Density Bonus units); f. A narrative, describing how the design and orientation of the development seeking the density bonus is compatible with the surrounding land m;.e character, particularly with any low den::oity residential neighborhoods. This narrative shall address building size and massing, site layout and design, architectural characten::otics, and landscaping. as well as any other aspects of development that the Applicant deems appropriate; g.. Whether the Inclusionary Housin~ Density Bonusis requested in conjunction wtth an application ror a pun, an apphcation for rezonmg, or an application for a Stewaf(L~hip Receiving Area; and h. Any other information which may be necessary or reasonably required to address the request for Inclusionary Housing Density Bonus for the development pursuant to the requirements set forth in this section. 3. After receipt of an application for an Inclusionary Housing Density Bonos, the County Manager shall determine whether the application submitted is complete. If that application is determined not to be complet~, the County Manager shall notify the Applicant in writing of the deficiencies. The County Manager shall take no further steps to process the application until the deficiencies have been remedied. 4. After receipt of a completed application for an Inclusionary Housing Density Bonus, the County Manager must review and evaluate the application in light the requirements of this section and the Collier County Land Development Code as a whole. The County Manager must then recommend to the Planning Commission and the Board to deny, grant, or gr:mt with conditions, the IncIusionary Housing Density Bonus application. The recommendation of the County Manager must include a report in support of recommendation. 5. Upon receipt by the Planning Commission of the application for Inclusionary Housing Density Bonus and Lhe written recommendation and report of the County Manager, the Planning Commission must schedule and hold a properly advertised and duly nuticed public hearing on the application. After the close of the public hearing, the Planning CommissIOn must review and evaluate the applicalion in light of the requirements of this section and the requirements of the Collier County Land Development Code, as applicable, and must recommend to the Board that the application be denied, granted or granted with conditions. 13 Agenda Item No 5E July 24, J07 Page 17 of 169 6. Upon receipt by the Board of the application for the Inelusionary Housing Density Bonus and the written reconnuendatlOn and report of the County Man<lger and recommendation of the Planning Commission, the Board must schedule and hold a properly advertised and duly noticed public hearing on the application. After the cJose of the public hearing, the Board must review and evaluate the application in light of the requirements of this section and the requirements for of the Collier County Land Development Code and must deny, grant, or grant with conditions, the application. 7. Additional procedures to request approval uf a density bonus are described 10 Chapter 10 of the Land Development Code, along with requirements for the Developer's Agreement to ensure compliance. B. The developer of Inclusionary Units shall be eligible to obtain greater flexibility in development design through application of the following: 1. Choice of Housing Type. Inclusionary Units required by this Chapter as well M any provided through density bonus Incentive may be provided as single family, duplex, townhouse units, or cluster development within the RP-l, RP-2, and RP-MH zoning districts, and as single family, duplex, triplex. or townhou!>e unlt~ or as units intended for Qwner occupancy in a condominium, or multifamily residential structure, in other zoning districts provided that the height. setbacks, massing and exterior appearance of the Tnclusionary Units are consistent with other residential units within the development in which they are located. 2. Alleviation of Setbad and Lot Size Requirements lnternal to the Development. All Dwelling Units (Inclusionary Units and Market-Rate Units) shall not be subject to yard setback requirements, except for yards adjacent to boundary of the primary development and other property, Dwelling Units (Inclusionary Units and Market-Rate Units) shall not he subje(.:t to minimum lot size requiremenLs, except where lots arc located adjacent to property outside of the primary development. 3. Alleviation of Buffering and Screening Requirements Internal to the Development. Inclusionary Units shall not be suhject to requirements for the provision of buffering and screening for purpose of mitigating incompatibility within the primary development. Where adjacent to property outside of the primary development. Illclusionary UniL~ shall be subject to those buffering and screening requirements as ~et out in this Code as may be applicable C. The developer of u Contributing Development that w1l1 contain the required number of Inculsionary Units in the primary development as provided in thi.'> section shall be eligible for expedited development review. The developer shall inform tfle Department of Zoning :.md Land Development Review (Zoning Department) at the pre-application stage that the development will include IncIus-lonary Units; thereafter, the Zoning Department shall expedite the review of the application to the fullest extent pcnrutted hy law <.Iud shall notify other reviewing departments/agencies that the application is required to receive expedited review. Expedited applications are to he reviewed pnor to other applicatIons filed on the same dale or in 14 . Agenda Item No 5E July 24, 07 Page 18 of 169 the same application period. except for other applications including lnclusionary Units or affordable housing pursuant to Chapter 420.9076, Florida Statutes. Unless otherwise granted by the County, any development order application not directly penaining to or required for the development of lnclusionary Units shal1 not be entitled to expedited review. The Zoning Director shall serve as the County's liaison to expedite the review and approval process. This provision shall apply to site and development plan applications, subdivision applications, environmental permits, a<:; well to individual building permits for individuallncJusionary Units. D. A developer of lnclusionary Units may request additional incentives. The Board may grant such additional incentives through approval of a development agreement pursuant to Section 163.3220, Florida Statutes ("163 Development Agreement") or Planned Unit Development Concept Plan, so long as the Board finds the following: 1. The application of the incentive would not produce a result inconsistent with the goals and objectives of the Collier CountylNaplcs Growth Management Plan; and 2. The provision of the incentive furthers the intent of this section. 11.03.00. Administration. 11.03.01. Compliance Procedures. A. In a>.:cordance with Section 10.02.03 of the Collier County Land Development Code. an Inclusionary Housing Plan is a requirement of any site plan submittal subject to the requirements of this Inclusionary Housing Chapter. An Inc1usionary Housing Plan is not required where Lhe requirements are satisfied hy provision of- payment of a Fee In-Lieu of provision of [nelusionary Units. The Inc1usionary Housing Plan must inc lude: 1. A site plan that includes the location of the Inclusionary Units (or lots or areas set aside for Inc1usionary Units), setbacks and lot sizes for Inclusionar)' Units and other proposed development; 2. The structure type of Inclusionary Units (may be a range of types) to be provided; 3. The proposed tenure (owner-occupancy or rental) or Tnclusionary Units to be provided; 4. The st1Ucture size (may be a size range) of the IncIusionary Units to be provided: 5. The mechanisms that will be used to assure that the Inclusionary Units remain affordable, per Board, such as resale and rental restrictions, and rights of first refusal and other documents; 15 Agenda Item Nc 5E July 24, '07 Page 19 of 169 6. For Inclusionary Units to be provided off-site: the location (including parcel identification numher(s)), structure type of Inclusionary Units and. proposed tenure; and, 7. Any other information as may be necessary to demonstrate that the development complies wIth the proviSt008 of this section. B. For all Contributing Development subject to the provisions of this Chapter, implementation of an approved Inclusionary Housing Agreement is a requirement for approval of any site plan for a Contributing Development, and must be entered into by the developer and the Board pursuant to the public hearing process established by this Inclusionary Housing Ordinance. The Inelusionary Housing Agreement must include: 1. Legal description of the land sub:iect to the lnclusionary Housing Agreement and the names of its legal and equitable owner&: 2. Total number of Dwelling Units in the development; 3. Minimum number of Inclusionary Units, catcgonzed by level of household income and number of bedrooms, required in the development; 4. Maximum number of Inclusionary Housing Density Bonus Dwelling Units permitted in the development; 5. Gross residential density of the development; 6. The provision for continuing restrictions on the Inclusionary Units, as provided in Section 11.03.03. 7. The Tnelusionary Housing Agreement and authori7cd development shall be consistent with the Growth Management Plan and Land Development Regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies. shall apply to the Inclusionary Housing Agreement and the development to the extent that they are not in conDiet with the number. type of Inc1usionary Units and the amount of Tnclusionary Housing Density Bonus approved for the development, if any. 8. The conditions contained in the Inclusionilry Housing Agreement shall comtitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any lntcrest therein at anytime and from time to tjmc. 9. The Inc1usionary Housing Agreement shall be recorded in the official records of Collier County, Florida. subsequent to the recordation of the grant deed pursuant to which the owner ae4uires fee simple title to the property. 16 . Agenda Item No 5E July 24,2 07 Page 20 of 169 C, The method of compliance with this section, including, as applicable, the number and location of IncJusionary Units, shall be established within the final development order and incorporated through appropriate annotation on the approved site plan and in an inclusionary housing Jetter of agreement, signed hy al] parties, and recorded by the Collier County Clerk of Courts. Where inclusionary requirements are satisfied through the provision of Off-site Units, the development orden: for the primary and off-site development may be issued concurrently or sequentially; however, the site plans for hoth developments shall reflect the method the compliance and shall as well be incorporated through appropriate annotation in an inclusionary housing letter of agreement, signed by all parties. and recorded by the Collier County Clerk of Courts. 1l.03.02. Eligibility Monitoring. A. The detennination of Eligible Households to buy and occupy Affordable- Workforce Housing units is the central component of the Inclusionary Housing monitoring program and the mandatory requirement for Affordable-Workforce Housing units. B. Household mcorne eligibility is a three-step procesf> and aJl three of the following steps shall be accompllshed prior to a prospective occupant being quahficd as an Eligible Household pursuant to the Inclusionary Housing program and this Inclusionary Housing Ordinance. No person shall occupy an Inc1usionary Unit provided under this program or this Inclusionary Huusing Ordinance prior to being qualified at the appropriate level of income: 1. Submittal of an application by a prospective occupant; 2. Verification of household income; and 3. Execution of an income certification. C. The developer shaJI be responsible for accepting applications from prospective occupants, verifying income and obtaining th~ income certification for its development wh.ich involves. Inclusionar)' Units, and all forms and documentarion must be provided to the Collier County Housing and Human Services prior to qualification of the prospective occupant as an Eligible Household. The Collier County Housing and Human Services shall review all documentation provided, and may verify the infonnation provided from time to time. Prior to occupancy, the developer shall provide to the Collier County Housing and Human Services, at a minimum, the application for Eligible Household qualification. including the income verification fonn and the income certification form, and the purchase or lease contract for that Inclusionary Unit. The County may conduct scheduled inspections to verify occupam;y in accordance with this section. 11.03.03. Continuing Restrictions on Inclusionary Units. A. Income verirication and certificl.Ition pursuant to the foregoing provision shall be a requirement for the conveyance of any interest in an Inclusionary Unit or the Jand on which it is localed. An Inc1usionary Unit may be purchased only by a CeItified Buyer who intends to live in the Inclusionary Unit as a primary residence. No owner of an Inc!lJ!".ionary Unit may lease the entire Inclusionary Unit and may only lease portions of the lnclusionary Unit so long a~ the owner continues to live in the Inc1usionary Unit. An owner of an Inclusionary Unit may only sell its 17 Agenda Item 1'0 5E July 24, 2 07 Page 21 of 169 lnclusionary Unit to another Certified Buyer in accordance with the provisions of this Affordable Housing Ordinance. B. The owner of any Inclusionary Unit, other than the initial developer, shall cause a lien instrument in favor of and approved by Collier County to be recorded with the Clerk of the Circuit Court of ColJier County, Florida, immediately after the recordation of the instrument conveying the Inclusionary Unit to the m,.:ncr. The lien instrument shall provide that, if the Inclusionary Unit (or the land on which it is located) is sold within fifty (50) years after the original purchase, il shall eilher offer the Inclusionary Unit to the Collier County Community Land Trust ("CCeLT") Of its successor in function at a sales price not to exceed the original purchase price plus five percent (59[,) per year of the original purchase price or he subject ro the following recapture provision. If the owner elects to sell the lnclusionary Unit to a pany other than the CCCLT or if the CCCLT declines to purchase the Lnclusionary Unit, the owner shan pay to Collier County an amount equal [0 one half (1/2) of the sales price in excess of the original purchase price plus five percent (5%) increase per year. For example. an owner origmally buys an Inclusionary Unit for $150.000 and sells it after five years for $250,000. A five percent increase per year for five years will give a value of $191.441. Deducting this amount from the new sales price of $250,000.00 gives a difference of $58,559. The owner would then owe Collier County $29.279.50 of the proceeds (one-half of 558.559). Payment of this amount would release the owner from the recorded lien agamst the property. Such payment shall he maintained in a segregated fund, established by Collier County. solely for Affordable-Workforce Housing purposes, and such money shall be used solely to encourage, provide for, or promote Affordable- Workforce Housing in Collier County. The lien instrument may be suburdinated to a qualifying first mortgage. 11.03.04. Annual Monitoring Report. A. Any development containing Inclusionary Units shi.lll be subject to the monitoring program set forth in this section. B. The developer shall provide the County with an annual progress and monitoring report. in a form developed by the County, regarding the delivery of Inclusionary Units throughout the period of construction and occupancy for each of the developer's developments that involve Inclusionary Units. C. The annual progress and moniloring report shall, at a minimum, require any information reasonably helpful to ensure compliance with this section and provide information with regard to affordable housing in the County. D. failure to complete and submit the monitoring report Lo {he County within 60 days from (he due date "viII result in a pcnal1y of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. 18 . Agenda Item No 5E July 24, 2 07 Page 22 of 169 11.03.05. Trust Fund. A. The Board hereby establishes a separate trust account for the In-Lieu Fees, to be designated as the "Inclusionary Housing Trust Account," which shall be maintained separate and apart from all other uccounts of the County. B. All In-Lieu Fees shall be deposited into such trust account immediately upon receipt. C. Funds on deposit in the Inclusionary Housing Trust Account, including all interest accrued, shall be used solely to increa~e and improve the supply of Affordable-Workforce Housing in the County in accordance with the Collier County Affordable-Workforce Housing Trust Fund Administrative Guidelines, which are attached hereto and incorporated herein by reference~ including, but not limited to, all costs associated with planning, subsidizing, or developing Affordable-Workforce Housing units in the County. A report shall be prepared annually by the County ret1ecting the collection and expenditures of the In-Lieu Fees by the County during the previous Fiscal Year. This report shall be presented to the Board at a regularly scheduled meeting. SECTION 7: SEVERABILITY. If any provision or portIOn of this ordinance is declared by any coult of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain to full force and effect. SECTION 8: EFFECTIVE DATE. A cerlified copy of this Ordinance shall be filed in the Department of Stale by the Clerk of the Board within ten (10) days arter enactment by the Board and shall take effect immediately. nUL Y ADOPTED in regular session, this day of .2007. BOARD OF COUNTY COMMISSIONERS OF COUlER COUNTY. FLORIDA ArrEST: BY: Chai Dnan Clerk (SEAL) 19 lI.genda Item I~o 5E July 24. 2 07 Page 23 of 169 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Anorney !'\ToU}- Dar.IGene,.) [)~'"\.""Pt)A T AIl'ROIECTS'CoUior CoUtlly'Oli04S\Colherl..dll"~lW}(JrulJroJ'~ ,_ :\-lTl.oJox 20 . ---------- ~- r r " Draft Mitigation Fee Ordinance Agenda Item No. 5E July 24,2007 Page 24 of 169 Agenda Item No.5:: July 24. 2007 Page 25 of 169 ORDINANCE NO. AN ORDINANCE OF COLLIER COUNTY TO ESTABLISH A MITIGATION FEE TO INCREASE THE SUPPLY OF AHORDABLE-WORKFORCE HOUSING IN THE COUNTY; PROVIDING FOR A SHORT TITLE, AUTHORITY, APPLICABILITY, AND MUNICIPAL PARTICIPATION; PROVIDING LEGISLATIVE FINDINGS AND DETERMINING THE EXISTENCE OF A SHORTAGE OF AFFORDABLE- WORKFORCE HOUSING; PROVIDING DEFINITIONS; IMPOSING AN AFFORDABLE-WORKFORCE HOUSING SHORTAGE MITIGATION FEE UPON NEW DEVELOPMENT CREATING A DEMAND FOR AFFORDABLE.WORKFORCE HOUSING; PROVIDING FOR CALCULATION OF SAID FEE; PROVIDING FOR CALCULATION OF AN ALTERNATIVE FEE; PROVIDING FOR EXEMPTIONS; ESTABLISHING AN AFFORDABLE-WORKFORCE HOUSING TRUST FUND AND PROVIDING FOR USES OF MONIES COLLECTED; PROVIDING FOR CREDITS AGAINST AND REFUNDS OF SUCH FEE; PROVIDING FOR PERIODIC RA TE ADJUSTMENTS; PROVIDING FOR REVrEW HEARLNGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISISONERS OF COLLIER COUl'iTY, FLORIDA: SECTION 1. SHORT TITLE. This Ordinance shall be known and may be cited as the "Collier County Affordable-Workforce Housing Mitigation Fee Ordinance." SECTION 2. AUTHORITY. The Board of County Commissioners of Collier County, Florida, has the home rule authority to adopt this ordinance by virtue of Article VIII, section 1(f), Florida Constitution, and sections 125.Gl and 125.66, Florida Statutes. SECTION 3. APPLICABILITY. This Ordinance shall apply to the unincorporated area of Collier County, and to the incorporated areas of Collier County to the extent pennitted by Article VHI, Section 1 (f), Plorida Constitution, or in any intergovernmental or interlocal agreement. . Agenda Item No. 5E July 24, 2007 Page 26 of 169 SECTION 4. MUNICIPAL PARTICIPATION. The provisions of this Ordinance shaH apply to New Construction occurring in both the unincorporated and incorporated areas of the County. Provided, however, that the provisions of this Ordinance shall not be enforced within a municipality unless the County and the municipality enter into an interlocal agreement setting forth the terms and conditions under which the provisions of this Ordinance shall be implemented within the municipality. SECTION 5. LEGISLATIVE FINDINGS, Collier County is facing a crisis as 2 a result of a significant lack of available Affordable-Workforce Housing. Housing prices in Collier County have risen to such an extent that critical and other workforce personnel necessary to support new development are unable to acquire housing within their income r needs. To address this crisis, the Board of County Commissioners of Collier County ("Board") has directed staff to investigate the availability of Affordable-Workforce Housing for persons and families with moderate incomes who work in Collier County and provide necessary support and services to new residential and non-residential development within the County. As a result, the Board makes the following legislative findings and determinations: (A) In Chapter 420, Florida Statutes, the Florida Legislature directly recognizes the critical shortage of affordable housing in the State of Florida for very low to moderate income families, the problems associated with rising housing costs in the state, and the lack of available housing programs to address these needs. In recognition of these problems and the State's encouragement to local governments to work in parmership with the State and private sector to solve these housing problems, the County ("- Agenda iiern No. 5E Juiy 24,2007 Page 27 of 169 has examined its local Affordable-Workforce Housing problem and finds a critical need for local programs to stimulate and provide for the development of Affordable- Workforce Housing for Income Eligible Persons. (B) A review of state and national censuses and other wage and labor data in conjunction with local real estate sales data, demonstrates that the amount of housing in the County that is affordable to persons of moderate income and below has been declining. Property values in Collier County have increased substantially in the past five years. At the same time, earned incomes have not kept pace with the increase in such values. (C) The increase in property values is attributable to growth and development, particularly insofar as people and businesses continue moving to Collier County. The migration of people and businesses to the County creates a demand for new residential and non-residential development. However, there is a scarcity of housing stock for persons without high paying jobs but who wish to live and work in Collier County, and whose presence in the workforce in Collier County is necessary to support and provide essential services to those new residential and non-residential developments. Such workforce is necessary to ensure a strong local economy into the future. (D) The shortage of Affordable-Workforce Housing for Income Eligible Persons creates a threat to the health, safety and welfare of the citizens of Collier County because persons who support and provide essential services to new development within Collier County, but whose wages are not sufficient to afford housing in the County, may be forced to move elsewhere to live, work, and raise their families. Because a resident workforce is necessary to provide essential support and services to new development and 3 . Agenda Item No. 5E July 2~, 2007 Page 28 of 169 to ensure a sustainable local economy, this ensuing labor shortage would adversely affect both private business and the public at large. (E) Insuring an opportunity for Income Eligible Persons and their families to live in the County is also important to maintaining community character, an essential component of which is the social, economic, and political fabric created by the general sense of community that occurs when families that work in the community, Jive in the community, attend schools in the community, participate in civic organizations in the community, and vote in the community. (F) The existing shortage of Affordable-Workforce Housing in Collier County could result in Income Eligible Persons migrating to other counties to live. These employees and their families may be forced to move out of the County into neighboring r communities and will result in a shortage of available support for ncw development and a deterioration of the local economy and community character. In addition to placing stress on the capacity of the local community to maintain a viable workforce, the migration of Income Eligible Persons from Collier County also contributes to overcrowding, substandard housing, traffic congestion, increased pollution, urban sprawl, homelessness, and other societal ills, which, in turn, increases the amount of services and infrastructure 4 the County is forced to provide. (G) The current economic conditions in the County are desirable and attract new businesses and residences, but the very attraction of new business, housing, and other incidents of growth exacerbates the shortage of Affordable-Workforce Housing available to Income Eligible Persons. New development requires more workers to support and serve it and in many instances the workers are not highly paid, thus all new (- Agenda Item No. 5E July 24,2007 Page 29 of 169 development, both residential and non-residential, exacerbates the shortage of Affordable-Workforce Housing. (H) Additionally, any land development reduces the supply of land available to be used to build Affordable-Workforce Housing. Accordingly, it is fair and reasonable to impose a mitigation fee for the provision of Affordable-Workforce Housing on New Construction when it possesses, enjoys, and consumes land, which constitutes the primary resource for housing. (I) The Board desires to provide incenti ves to develop and provide Affordable-Workforce Housing stock within the County so that Income Eligible Persons who desire to live and to work in the County may have access to housing, and thus to offset the negati ve consequences of the shortage of such housing: (J) To accomplish this objective the Board finds that it is fair and reasonable to lmpose a generally applicable mitigation fee upon all new residential and non- residential growth within the County to rrutigate the impact such new growth has upon the Affordable-Workforce Housing shortage in the County. (K) The Board finds, determines, and declares that the report entitled 'The Economics of Workforce Housing in Collier County," dated November, 2006 (the "Technical Memorandum"), sets forth a fair and reasonable mcthodology and analysis for determination of updated costs for use in the calculation of Affordable-Workforce Housing mitigation fees in the County and for quantifying and caleulating the impacts of growth and development upon the availability of Affordable-Workforce Housing stock. (L) Based on the Tcchnical Memorandum, the Board also finds that there is a 5 rational nexus between the impact of residential and non-residential growth and . Agenda Item l~o. 5E July 24, 2007 Page 30 of 169 development on the availability of Affordable-Workforce Housing in the County and the fees imposed by this Ordinance. Further, that the fees imposed do not exceed the impact of such new development on Affordable-Workforce Housing. (M) The Board finds that by restricting the use of the funds collected pursuant to this Ordinance to only provide for programs designed to stimulate, promote, and provide additional Affordable-Workforce Housing in the County, there is also a rational nexus between those paying the fees under this Ordinance and the benefits received through the management of the burden such new growth places on the existing shortage of Affordable-Workforce Housing in the County. (N) The Board therefore has determined that it is fair and reasonable to require all New Construction lhat may cause additional demand on Affordable-Workforce Housing stock through its created need for new workers to contribute its proportionate share of the funds to help mitigate such shortage of Affordable-Workforce Housing stock having a rational nexus to the proposed land development activity and for which the need is reasonably attributable to the proposed development. (0) Requiring all new residential and non-residential development in the County to pay their fair share for the Affordable-Workforce Housing that will be needed as a result of their development helps alleviate a public burden and ameliorates the off- site harmful effects caused by new development. (P) The Board seeks to ensure that no funds are collected from New Construction in excess of the actual amount necessary to offset that pOltion of the shortage of Affordable-Workforce Housing stock generated by the New Construction. This Ordinance is intended to be consistent with the principles for allocating a fair share 6 ,ll,genda Item No. 5E July 24, 2007 Page 31 8( 169 of the cost of new public facilities to new users as established in Wald Corooration v. Metropolitan Dade County, 338 So. 2d 863 (Fla. 3'" DCA 1976), Contractors and Builders Association of Pinellas County v. City of Dunedin, 320 So. 2d 314 (Fla. 1976), and Homebuilders and Contractors Association of Palm Beach County v. Palm Beach County, 446 So. 2d 140 (Fla. 4th DCA 1983). (Q) The Technical Memorandum IS attached hercto as Appendix A and incorporated by reference herein as though set forth in full in the body of this Ordinance. (R) This Ordinance and the fee imposed herein, which shall be used solely to stimulate, promote, and provide for the provision of Affordable-Workforce Housing in the County, is consistent with the public policy of the state to foster the development and provision of Affordable-Workforce Housing. (S) The data set forth in the Technical Memorandum, which was employed in the calculation of the Mitigation Fee rates to be imposed in confOlmance with this Ordinance, is the most recent and localized data available. (T) The administrative fees provided herein represent the County's actual costs of collection and administration for the Mitigation Fee_ SECTION 6. DEfiNITIONS. Unless the content indicates otherwise, the following terms, as used in this Ordinance, shall have the following meanings: "Accessory Building or Structure" shall mean a detached, subordinate building, the use of which is clearly indicated and related to the use of the principal Building or use of the land and which is located on the same lot as the principal Building or use, "Affordable-Workforce Housing" shall mean a Dwelling Unit which is offered for sale or rent to Income Eligible Persons and with respect to which monthly rents or 7 . --- r r - ~---- .--. - - .-- -- - - Agenda Item No. 5E Juiy 24, 2007 Page 32 of 169 monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households of Income Eligible Persons. "Alternative Affordable-Workforce Housing Mitigation Fee" shall mean any alternative fee calculated by an Applicant and approved by the County Manager pursuant to Section 9 hereof. "Applicant" shall mean the Person who applies for a Building Permit, Certificate of Occupancy, development order, development permit, or other approval, permission or authorization for development. "Board" shall mean the Board of County Commissioners of Collier County, Florida. "Building" shall mean any structure, either temporary or permanent, designed or built for the support, enclosure, shelter or protection of persons, chattels or property of any kind. This term shall include trailers, mobile homes or any other vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of construction. "Building Permit" shall mean an official document or certificate issued by the County, under the authority of ordinance or law, authorizing the construction or siting of any Building. "Building Permit" shall also include tie-down permits for those structures or Buildings, such as a Mobile Home, that may not require a Building Permit or other approvals that do not require any other type of permit before the respective item may lawfully be occupied, used, or operated. "Building Permit" when used in the context of 8 -------- Agenda Item No. 5E July 24,2007 Page 33 of 169 the use of land or water and in situations where a typical, conventional pennit is not issued by the County for the respective improvement or use, such as for a golf course, means whatever is the last written approval or pennission issued by the County to authorize the respective improvement. "Certificate of Occupancy" shall mean the official document or certificate issued by the County under the authority of ordinance or law, authorizing the occupancy of any Building, or parts thereof, within New Construction. "Certificate of Occupancy" shall also include tie-down pennits for those structures or Buildings, such as a Mobile Home, that may not require a Certificate of Occupancy. "County" shall mean Collier County, a political subdivision of the State of Florida. "County Manager" shall mean the chief administrative officer of the County or such person's designee. "DOR Code" shall mean a Department of Revenue property use code established in Rule l2D-8.008, Florida Administrative Code, assigned by the Property Appraiser to tax parcels within the County, as specified in Appendix B attached hereto and incorporated herein by reference, "Dwelling Unit" shall mean a Building, or a portion thereof, which is designed as Residential Property, consisting of one or more rooms which are arranged, designed or used as living quarters for one or more persons. A Dwelling Unit must contain, as an integral part therein, sleeping quarters, toilet/bathing facilities, and a primary kitchen. "Encumbered" shall mean monies committed by law, contract or purchase order in a manner that obligates the County to expend tbe encumbered amount upon delivery of 9 . Agenda Item No. 5E July 24,2007 Page 34 of 169 goods, the rendcring of services or the conveyance of real property by a vendor, supplier, con tractor or Owner. "Fiscal Year" shall mean means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law for the County. "Government Property" shall mean those properties whose use is designated as "Government" in the DOR Codes specified in Appendix B. "Income Eligible Persons" shall mean one or more natural persons, the total adjusted gross household income, as adjusted for household size, is 150% or below of the median adjusted gross income for households within the Naples.Marco Island, Florida, metropolitan statistical area as reported by the U. S. Department of Housing and Urban (" Development or its governmental successor in function. "Industrial Property" shall mean those properties whose use is designated as "Industrial" in the DOR Codes specified in Appendix B. "Institutional Property" shall mean those properties whose use is designated as 10 "Institutional" in the DOR Codes specified in Appendix B. "Mitigation Fee" shall mean the fee imposed pursuant to Section 8 of this Ordinance, as it may be amended from time-to-time. "M.A.I. Appraiser" shall mean a member of the American Institute of Real Estate Appraisers. "Mixed Use Property" shall mean those properties that contain Buildings whose use descriptions are capable of assignment under a code description in the DOR Codes in more than one property category. r ~--- Agenda Item No. 5E Juiy 24.2007 Page 35 of 169 "New Construction" shall mean construction designed or intended to permit a use of the land which will contain more Dwelling Units, Buildings or Square Footage than the existing use of land, or to otherwise change the use of the land in a manner that increases the need for Affordable-Workforce Housing. "Office Property" shall mean those properties whose use is designated as "Office" in the DOR Codes specified in Appendix B. "Owner" shall mean the Person holding legal title to the real property upon which New Construction is to be built. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity. "Retail Property" shall mean those properties whose use is designated as "Retail" in the DOR Codes specified in Appendix B. "Residential Property" shall mean those properties whose use is designated as "Residential" in the DOR Codes specified in Appendix B. "Square Footage" shall mean the gross heated and cooled area measured in square feet from the exterior faces of exterior walls or other exterior boundaries of a Building, including all floors and mezzanines within said Building, but excluding areas within the interior of the Building that are utilized for parking. "Tourist Property" shall mean those tax parcels with a code description designated as "Tourist" in the DOR Codes specified in Appendix B. SECTION 7. RULES OF CONSTRUCTION. For the purposes of the administration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: 11 r Agenda Item No. 5E July 24, 2007 Page 36 of 169 r' A. In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control. B. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. C. Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. D, The phrase "used for" includes "arranged for," "designed for," "maintained 12 for," or "occupied for." E. Unless the context clearly indicates the contrary, where a regulation r involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either. . . or," the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shaIl apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. 3. "Either. . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. F. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (" Agenda Item No. 5E July 24, 2007 Page 37 of 169 G. All time periods contained within this Ordinance shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the Board's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the due date shall be extended to the next business day. SECTION 8, IMPOSITION. (A) All New Construction occurring within the unincorporated area of the County shall pay the Mitigation Fee established in this Ordinance at the time of issuance of a Building Permit. (B) All New Construction occurring within the unincorporated area of the County shall pay thc following Mitigation Fees: RESIDENTIAL NON-RESIDENTIAL Go,reroment [ ndustrial lnstitut~ Office Retail Tourist ionaJ MITIGA TION FEE PER SQUARE FOOT $ $ $ $ $ $ 13 . Agenda Item No. 5E July 24,2007 Page 38 of 169 (C) If the Building Permit is for less than the entire development, the Mitigation Fee shall be computed separately for the amount of development covered by the Building Permit. (D) The fee shall be computed on the assumption that the property will be developed in the manner that will generate the maximum impact permitted under the applicable laws. (E) Any Person who, prior to the effective date of this Ordinance, agreed in writing as a condition of development approval to pay workforce housing shortage mitigation fees shall be responsible for the payment of the fees under the terms of such agreement, and the payment of such fees by the Person will be offset against any Mitigation Fees otherwise due at later stages of the development acti vity for which the fee was paid, r SECTION 9, ALTERNATIVE MITIGATION FEE. (A) In the event an Applicant believes that its New Construction's impact on the need for additional Affordable-Workforce Housing is less than that established under the applicable category specified in Section 8 hereof, such Applicant may, prior to issuance of a Building Permit for such New Construction, file an Alternative Mitigation Fee Study with the County to demonstrate that the New Construction's impact is less than calculated pursuant to the Technical Memorandum. The County Manager shall review 14 the Alternative Mitigation Fee Study and notify the Applicant within thirty (30) days if the application is complete. After the County Manager determines the application is complete, he shall notify the Applicant of its completion within ten (10) days and he shall place the alternative Mitigation Fee request on the County Manager's portion of the r , Agenda Item No. 5E July 24. 2007 Page 39 of 169 Board's agenda for considcration and shall provide !he Applicant or Owner with written notice of the time and place of the meeting. The County Manager's executive summary shall specify the criteria deemed by the County Manager to rendcr the application eligible or ineligible for the Alternative Mitigation Fee and shall include the County Manager's recommendations whether the Board shall grant or deny the request, in whole or in part. (B) For purposes of any Alternative Mitigation Fee calculation, the New Construction shall be presumed to have the maximum impact on the need for additional Affordable-Workforce Housing in the County. (C) The Alternative Mitigation Fee calculation shall be based on data, information or assumptions contained in this Ordinance and the Technical Memorandum, or independent sources, provided that !he independent source is (i) a generally accepted standard source of plannIng information, cost impact analysis, and demographics performed pursuant to a methodology generally accepted by experts in the respective fields; or (ii) the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning, cost impact analysis, and demographics; or (iii) for non- residential New Construction, the independent source contains venfiable data inputs into the formula used in !he Technical Memorandum which demonstrate a Jesser impact, including but not limited to, average wage data and number of employees per square foot. (D) In the cvcnt an Alternative Mitigation Fee is granted for non-residential New Construction based upon a demonstration that average wage data and employee generation is different than assumed in the Technical Mcmorandum, the Applicant shall annually submit to the County by December 31 a report demonstrating continued 15 Agenda Item No. 5E July 24, 2007 Page 40 of 169 eligibility for the Alternative Mitigation Fee. If the New Construction fails to maintain the wage and employment conditions which entitled the New Construction to the Alternative Mitigation Fee for a period of fifteen (15) years after the issuance of the Certificate of Occupancy for the subject non-residential New Construction, the Mitigation Fee in effect at the time of the change in circumstances shall be due. SECTION 10. PA YMENT 16 (A) Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit for New Construction as provided in Section 8, an Applicant shall pay the Mitigation Fees set forth in Section 8 directly to the County. Notwithstanding any other provision of this section, staff shall not accept pre-payment (early payment) of Mitigation Fees prior to submittal of the related and complete Building Permit application for the respective development in all cases where issuance of a conventional Building Permit renders the respective Mitigation Fees due and payable. (B) If the issuance of a conventional Building Permit for the development is not required (e.g., golf course), then an Applicant shall pay the Mitigation Fee prior to the occurrence of anyone of the following events, whichever occurs first: (I) The date when the first Building Permit has been issued for any Building or structure accessory to the principle use or structure of the development; Or (2) The date when the first Building Permit is issued for the first non- accessory building or non-accessory structure to be used by any part of the development; or (-. Agenda Item i'~o. 5!:: ,July 24,2007 Page 41 of 169 (3) The date when a final development order, final development permit or other final authorization is issued authorizing construction of a parking facility for any portion of the development; or (4) The date when a final development order, final development permit or other final approval is issued for any part of the development in instances where no further Building Pennit is required for that part of the development; or (5) The date when any part of the development opens for business or goes into use. (C) The payment of the Mitigation Fee shall be in addition to all other fees, charges or assessments due in connection with the issuance of a Building Permit. (D) The obligation for payment of the Mitigation Fees and the benefit accruing to New Construction shall run with the land. (E) In the event that a Building Permit issued for New Construction (i) expires prior to commencement of the New Construction for which it was issued, (ii) is officially cancelled, (iii) is revised and such revision results in a reduction in the amount of Mitigation Fees already paid, or (iv) otherwise results in the Mitigation Fees being overpaid, the Applicant may, within four (4) years of the expiration, cancellation, or revision of the Building Permit, apply for a refund of all or a portion of the Mitigation Fee. Failure to timely apply for a refund of the Mitigation Fee shall waive any right to a refund. (1) The application for refund shall be filed with the County Manager and contain the following: (a) The name and address of the Applicant; 17 . Agenda Item No. 5E July 24,2007 Page 42 of 169 (b) The location of the property which was the subject of the Building Permit; (c) The date the Mitigation Fee was paid; Cd) A copy of the receipt of payment for the Mitigation Fee; (e) The date the Building Permit was issued and the date of expiration, cancellation, or revision; and (f) A copy of the revised Building Pennit, if applicable. (2) After verifying that the Building Permit has expired before commencement of construction, been cancelled, or been revised, the County Manager shall refund the necessary portion of the Mitigation Fee paid for such New Construction. (3) A Building Permit which is subsequently issued for New Construction on the same property which was the subject of a refund shall pay the Mitigation Fee as required herein. (4) All reimbursement requests totaling $25,000.00 or more must be submitted to the Board. SECTION 11. USE OF MONIES (A) The Board of County Commissioners hereby establishes a separate trust account for the Mitigation Fees, to be designated as the "Affordable-Workforce Housing Mitigation Fee Trust Account," which shall be maintained separate and apart from all other accounts of the Count y. (B) All Mitigation Fees shall be deposited into such trust account immediately upon receipt. 18 Agenda Item No. ~t: July 24,2007 Page 43 of 169 --I (e) Funds on deposit in the Affordablc-Workforce Housing Mitigation Fee Trust Account, including all interest accrued, shall be used solely to increase and improve the supply of Affordable-Workforce Housing in the County in accordance with the Collier County Affordable-Workforce Housing Trust Fund Administrative Guidelines, which are attached hereto and incorporated herein by reference; including, but not limited to, all costs associated with planning, subsidizing, or developing Affordable-Workforce Housing units in the County. A report shall be prepared annually by the County reflecting the collection and cxpenditures of the Mitigation Fees by the County during the previous Fiscal Ycar. This rcport shall bc presented to the Board at a regularly scheduled meeting. (D) In each Fiscal Year, the County may retain up to 10% of all Mitigation Fees receivcd or the actual costs of administration and collection, whichever is less, as an administrati ve fee to defray the costs of administering and collecting the Mitigation Fees. Without limitation, the cost of administration shall include the cost of any studies to update the Mitigation Fee. (E) The Mitigation Fees collected pursuant to this Ordinance shall be returned to the then current Owner of the property on behalf of which such fee was paid, if such fees have not been expended or Encumbercd prior to the end of the Fiscal Y car immediately following the sixth anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure; (I) The then present Owner shall petition the County for the refund prior to the end of the Fiscal Year immediately following the sixth anniversary date of the payment of the Mitigation Fee. 19 . Agenda Item I~o. 5E July 24, 2007 Page 44 of 169 (2) The petition for refund shall be submitted to the County Manager and shall contain: (a) A notarized sworn statement that the petitioner is the present Owner of the property on behalf of which the Mitigation Fee was paid; (b) A copy of the dated receipt issued for payment of the Mitigation Fee or such other record as would evidence payment; and (c) A certified copy ofthe latest recorded deed and a copy of the most recent ad valorem tax bill. (3) Within ninety (90) days from the date of receipt of a petition for refund, the County Manager will advise the petitioner and the Board of the status of the Mitigation Fee requested for refund, and if such Mitigation Fee has not been expended or Encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this section, fees collected shall be deemed to be spent or Encumbered on the basis of the first fee in shall be the first fee out. (4) Mitigation Fee monies refunded by the Board in accordance with this subsection (E) shall be paid with interest accrued to the principal being refunded but not to exceed the rate of five percent simple interest. Except as provided for in this subsection (E)(4), no interest shall be paid upon the return or refund of Mitigation Fees. SECTION 12. INDIVIDUAL CALCULATION OF MITIGATION I''EES. (A) In the event New Construction involves a land use not contemplated under the DOR Codes set forth in Appendix B, the County Manager shall determine the impact to be gcnerated by the proposed New Construction and shall calculate the appropriate 20 Agenda Item I~o. 5E July 24,2007 Page 45 of 169 Mitigation Fees utilizing the methodology contained in the Technical Memorandum. The County Manager shall utilize as a standard in this determination the impact assumed in the most similar land use category or any other generally accepted standard source of planning and cost impact anal ysis. (B) In the event any New Construction involves more than one land use category, making it Mixed Use Property, the County Manager shall calculate the Mitigation Fees based upon the impact to be generated by each separate land use category included in the proposed New Construction. (C) Any Mitigation Fees calculated by the County Manager pursuant to this section must be approved by the Board. SECTION 13. EXEMPTIONS. The following shall be exempted from payment of the Mitigation Fee: (A) Alterations of an existing Building, structure, or Dwelling Unit where no additional Square Footage is created and where the use of the Building, structure, or Dwelling Unit is not changed in a way that would result in an additional impact on the need for Affordable-Workforce Housing. (B) The replacement or construction of Accessory Buildings or Structures which will not create an additional impact on the need for Affordable-Workforce Housing. (C) The replacement of a Building or Dwelling Unit where no additional Square Footage or Dwelling Units are created and where the existing and replacement Building or Dwelling Units are located on the same lot. 21 - --,----------------~------ -- - Agenda Item No. 5E July 24, 2007 Page 46 of 169 (D) Issuance of development permits for lots, pads, sites, foundations, or spaces for a mobile home, recreational vehicle, travel trailer or the like when the applicable Mitigation Fee has previously been paid for the lot upon which the mobile home, recreational vehicle, travel trailer, or the like is to be situated. (E) Any property that qualifies as Affordable-Workforce Housing and meets the following requirements: (1) Any Person seeking a Affordable-Workforce Housing exemption for an Owner-occupied Residential Property shall file with the County Manager an Application for Exemption prior to receiving a Building Permit for the proposed Residential Property. The Application for Exemption shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential Property; (c) The proposed selling price of the Residential Property; (d) A notarized affidavit affirming that the Residential Property qualifies as Affordable-Workforce Housing and that it shall be occupied by Income Eligible Persons; (e) Evidence that the Residential Property shall be occupied as the legal homestead of the Owner; and (t) A copy of a fully executed and recordable lien upon the Residential Property in the amount of the Mitigation Fees waived hereunder and that contains a due on sale or transfer clause requiring the payment of the Mitigation Fees in the event the Residential Property is sold or otherwise transferred within fifteen (15) 22 --- Agenda Item No. 5E July 24, 2007 Page 47 of 169 years from the date of the issuance of a Certificate of Occupancy and no longer qualifies as Affordable-Work'force Housing. (2) Any Person seeking an Affordable-Workforce Housing exemption for a rental Residential Property located within a qualifying multi-family rental project shall file with the County Manager an Application for Exemption prior to receiving a Building Permit for the proposed Residential Property. The Application for Exemption shall contain the following: (a) The name and address of the Owner; (b) The legal description of the Residential Property; (c) The proposed rental rates; and (d) Evidence that the Residential Property shall be occupied by Income Eligible Persons. (3) If the Residential Property meets the requirements for an Affordable-Workforce Housing exemption, the County Manager shall issue an exemption. The exemption shall be presented in lieu of payment of the Mitigation Fee. (4) The amount of the Mitigation Fees shall not be increased to replace any revenue lost duc to the Affordable-Workforce Housing exemption. (5) When granted an Affordable-Workforce Housing exemption, the Applicant shall annually submit to the County by December 31 a report demonstrating its continued eligibIlity for the Affordable-Workforce Housing exemption. In the event the Residential Property fails to meet the restrictions of the Affordable-Workforce Housing exemption as provided herein within the IS-year period following the issuance of the Certificate of Occupancy such that the property no longer qualifies as Affordable- 23 . Agenda Item No. 5E July 24. 2007 Page 48 of 169 Workforce Housing and is no longer occupied by Income Eligible Pcrsons, the Mitigation Fees in effect at the time of the change in circumstances shall be due. (F) The construction of any Residential Property that otherwise satisfics the requirements of any applicable inclusionary zoning requirements relating to the provision of Affordable-Workforce Housing that are imposed by the County. SECTION 14. CHANGES IN SIZE AND USE. A Mitigation Fee shall be imposed and calculated for the alteration, expansion or replacement of a Building or the construction of an Accessory Building or Structure if the alteration, expansion or replacement of the Building or the construction of an Accessory Building or Structure results in a land use detennined to generate greater impact on the need for Affordable- Workforce Housing than the present use. The Mitigation Fee imposed shall be calculated as follows based upon the current Mitigation Pee rates in effect at the time of the change in size or use: (A) In the event the Square Footage of a Building is increased, the Mitigation Fee due for the increased Square Footage represented by the New Construction shall be calculated by determining the Mitigation Fee due according to the Square Footage resulting from the alteration, expansion or replacement, less the Mitigation Fee that would have been imposed for the original Square Footage prior to the alteration, expansion or replacement. (B) If a Mitigation Pee is imposed for an Accessory Building or Structure because such Accessory Building or Structure is determined to generate a greater impact on the need for Affordable-Workforce Housing than the present use, the fee shall be that applicable to the land use category for the primary Building. 24 Agenda Item !~o. 5E July 24. 2007 Page 49 of 169 SECTION 15. REMEDIAL COLLECTION METHODS. In the event the Mitigation Pees are not paid prior to the issuance of a Building Permit for the affected New Construction, such fees shall be collected at the issuance of a Certificate of Occupancy, by the imposition of a lien upon the property, or by any other method which is authorized by law, unless otherwise exempted pursuant to this Ordinance. SECTION 16. AFFORDABLE- WORKFORCE HOUSING CONTRIBUTION CREDITS. (A) Subject to the terms and conditions of this Section 16, a credit shall be granted against a Mitigation Fee imposed by this Ordinance for the donation of land for the construction of Affordable-Workforce Housing or for the construction of Affordable- Workforce Housing in the County. Such credits shall be subject to the approval and acceptance of the County. (B) Prior to issuance of a Building Pelmit, the Applicant shall submit a proposed plan for Affordable-Workforce Housing credits to the County Manager. The proposed plan shall include: (I) a legal description of any land proposed to be donated and a written appraisal of said land; (2) a list of the contemplated Affordable-Workforce Housing sought to be constructed, its location, and an estimate of the proposed construction costs certified by a professional architect or engineer; and (3) a proposed time schedule for completion of the proposed plan. (C) Upon submission of a complete plan, the County Manager shall place the credit request on the County Manager's portion of the Board's agenda for consideration 2S . Agenda Item No. 5E July 24, 2007 Page 50 of 169 and shall provide the Applicant or Owner written notice of the time and place of the meeting. The County Manager's executive summary shall specify the criteria deemed by the County Manager to render the credit request eligible or ineligible for a developer credit and shall include the County Manager's recommendations whether the Board should grant or deny the request, in whole or in part. (D) If a proposed plan is approved for credit by the Board, the Applicant or Owner and the Board shall enter into a credit agreement which shall provide for the parties obligations and responsibilities, including, but not limited to: (1) The timing of actions to be taken by the Applicant and the obligations and responsibilities of the Applicant; (2) The obligations and re~ponsibilities of the Board; and (3) The amount ofthe credit. (E) A credit for the donation of land for Affordable-Workforce Housing improvements shall be granted at such time as the property which is the subject of the donation has been conveyed to and accepted by the County. A credit for the construction of Affordable-Workforce Housing shall be granted at such time as the credit agreement is approved and executed by both the Board and the Applicant or Owner; provided, however, in the event the Applicant or Owner fails to deliver the Affordable-Workforce Housing in accordance with the terms of the credit agreement, then the credit shall be revoked and all Mitigation Fees shall immediately become due and payable. The administration of said contribution credits shall be the responsibility of the County Manager. 26 Agenda item 1'00. 5E Juiy 24, 2007 Page 51 of 169 (F) Any Applicant or Owner who submits a proposed plan pursuant to this section and desires the immediate issuance of a Building Permit prior to approval of the proposed plan shall pay the Mitigation Fees prior to the issuance of the Building Permit. Any difference between the amount paid and the amount due, should the County Manager approve and accept the proposed plan, shall be refunded to the Applicant or Owner. (G) No credit shall exceed the Mitigation Fee for the New Construction imposed by this Ordinance. (H) Mitigation Pee credits shall not be assigned or otherwise transferred from one devcolopment to another development except by written agreement executed by the County. No such assignment or tnmsfer of Mitigation Fee credits shall he allowed until the original development has been completed, Mitigation Fee credits will be accomplished only through the operation of a credit agreement. Should an assignment of credit be approved by the County through execution of such an agreement, the assignee shall take the agreement as is and shall be bound by all of the terms and conditions of the agreement as originally executed by the assignor and other parties, No assignee (or transferee) of any such agreement shall have the right to any review procedure under this section except to the extent expressly granted in the agreement. The provisions of this paragraph shall apply to subsequent purchasers or successors in title to the Owner. SECTION 17. REVIEW HEARINGS. (A) An Applicant or Owner who is required to pay a Mitigation Fee pursuant to this Ordinance shall have the right to request a review hearing before the Board. 27 . Agenda Item No. 5E July 24, 2007 Page 52 of 169 (B) Such hearing shall include but not be limited to the review of the following: (1) The application of the Mitigation Fee. (2) Denial of an exemption pursuant to Section 13. (3) Any dispute concerning an application for credits pursuant to Section 16. (C) Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner within thirty (30) days of written notice of the event sought to be reviewed. (D) The request for hearing shall be filed with the County Manager and shall contain the following: (1) The name and address of the Applicant and Owner; (2) The legal description ofthe property in question; (3) If issued, the date the Building Permit was issued; (4) If paid, the date the Mitigation Fees were paid, along with the amount of such fees; and (S) A statement of the reasons why the Applicant or Owner is requesting the hearing. (E) Upon receipt of such request, a hearing shall be scheduled before the Board at a regularly scheduled mceting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant and Owner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the request for hearing was filed. 28 }1,genda item No. 5E ,.July 24, 2007 Page 53 of 169 (F) Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an oPPOlwnity to be heard and to present information and evidence. A determination shall be in writing and issued within thirty (30) days of the hearing to the Applicant and Owner. (G) Any Applicant or Owner who requests a hearing pursuant to this section and desires the immediate issuance of a Building Permit, or if a Building Permit has been issued without the payment of the Mitigation Fees, shall pay prior to or at the time the request for hearing is filed the applicable Mitigation Pees pursuant to this Ordinance. Said payment shall be deemed paid under "Protest" and shall not be construed as a waiver of any review rights. (H) An Applicant or Owner may request a hearing under this section without paying the applicable Mitigation Fees but no Building Permit shall be issued until such Mitigation Fees are paid in the amount initially calculated or the amount approved upon completion of the review provided in this section. SECTION 18. PERIODIC MITIGATION FEE RATE ADJUSTMENT. (A) Beginning on October I, 2008 and on each October 1 thereafter when the Mitigation Pee is not being updated in accordance with Section 20 herein, the Mitigation Fees shall be adjusted by the percent change for the previous 12-month period temllnating on July 30 in the median sales prices of Collier County homes as reported by 29 . Agenda Item No. 5E July 24, 2007 Page 54 of 169 the Board of Realtors, weighted based upon 50% of the median single family sales price and 50% of the condominium sales price. (B) All periodic Mitigation Fee rate adjustments must be enacted by resolution of the Board and properly noticed in accordance with Section 19 of this Ordinance. SECTION 19. NOTICE OF MITIGATION FEE RATES. Upon adoption of the any resolution or ordinance establishing revised Mitigation Fee rates, the County Manager shall publish a notice once in a newspaper of general circulation within the County, which notice shall include: (A) a brief and general description of the Mitigation Fee; (B) a description of the geographic areas in which the Mitigation Fees will be collected; (C) the Mitigation Fee rates to be imposed; (D) the date of implementation of the Mitigation Fee rates set forth in the notice, which date shall not be earlier than ninety (90) days after the date of publication of the notice. SECTION 20. REVIEW REQUIREMENT. This Ordinance and the Technical Memorandum adopted herein shall be reviewed by the County at least once every two (2) years. The initial and each subscquent review shall consider but not be limited to all components of the Technical Memorandum accepted herein. The purpose of this review is to demonstrate that the Mitigation Fees do not exceed reasonably anticipated costs associated with the provision of Affordable-Workforce Housing. In the event the review of the Ordinance and the Technical Memorandum required by this section alters or changes the assumptions, conclusions and findings of the Technical Memorandum accepted herein then said studies shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews and the Mitigation Fees shall be amended in accordance therewith. 30 Agenda Item ['0. 5E July 24, 2007 Page 55 of 169 SECTION 21. DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDl.JRES ACT. Nothing contained in this Ordinance shall be construed or interpreted to include the County in the definition of agency contained in Section 120.S2, Florida Statutes, or to otherwise subject the County to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this Ordinance. SECTION 22. SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 23. INCLUSION IN THE COLLIER COUNTY CODE. It is the intention of the Board and is hereby pro,ided that the provisions of this Ordinance shall be made a part of the Collier County Code; that the sections of this Ordinance may be renumbered or relettcred to accomplish such codification; and that the word "Ordinance" may be changed to "section," "article," or other appropriate designation. SECTION 24. EFFECTIVE DATE. (A) A certified copy of this Ordinance shall be filed in the Department of State by the Clerk of the Board wIthin ten (10) days after enactment by the Board and shall take effect as provided herein. (B) This Ordinance and the obligations herein for the payment of Mitigation Fees shall apply to all New Construction that applies for a Building Permit on or after the 31 r Agenda Item No. 5E July 24, 2007 Page 56 of 169 effective date of this Ordinance and the expiration of the notice period set forth in Section 19 hereof. DULY ADOPTED in regular session, this day of 2007. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Chairman ATTEST: Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Attorney 32 APPENDIX A TECHNICAL MEMORANDUM . Agenda Item !\lo. 5E July 24.. 2007 Page 57 of 169 - Agenda Item 1'0. 5E July 24, 2007 Page 58 of 169 THE ECONOMICS OF WORKFORCE HOUSING IN COLLIER COUNTY: PUBLIC REVIEW DRAFT PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY BY JAMES C. NICHOLAS, PH.D. Final Draft Agenda item No. 5E Jcly 24.2007 Page 59 of 169 Table of Contents I. Summary.............. ....._.. ..........................................3 II. Housing Costs in Collier County...........................6 III. Workforce Earnings in Collier County................. 12 IV. The Cost of Workforce Housing .........................14 V. Need for Workforce Housing by Development ...16 A. Residential Development.. ............ .......................................................... 16 B. Non-Residential Developmenl................................................................ 25 Appendix A, Collier County Homeowner Survey ......32 Appendix B, Collier County Employer Survey ..........59 Final Draft 2 . Agenda Item I~o. 5E Juiy 24, 2007 Page 60 of 169 I. Summary Housing prices in Collier County have risen to the point that there are concerns about the ability of members of the workforce to find adequate housing. Such an inability could have serious implications for the Collier County economy and for Collier County's society. The median price of the existing home in Collier County nOw stands at $469,100,88% higher than the statewide average of $248,400 and more than twice the national average of $225,000. Medan tb ase Price: Collier, Aorida & LS $8:Xl,OOJ $9)),00J $4OO.00J $3XJ,00J ...-- $lll.00J , US $100,00J 00 ro 95 'iJ7 00 01 03 05 The continuing development of Collier County is a major factor leading to the increased prices of Collier County homcs. Each new building adds to the need for construction workers and then to the nced for employees that will operate and maintain those structures. Most of the employees needed wi I] not be able to afford adequate housing within Collier County. Labor shortagcs that may result willlcssen the economic attractiveness of Collier County as a place for business location or expansion. Both residential and non-residential developments will demand additional employees and those employees, in turn, will require housing. Once residences are built they must be operated and maintained, thus creating the need for employees and housing. The typical residential operational and maintenance employee earns $48,116, with the household income of the employee being $65,6S7. This employee needs housing assistance of $36,944 to afford adequate workforce housing in Collier County, which is priced at $262,500. Additionally, the critical public cmployees - teachers, firefighters and police officers - needed to serve new residential development also will need assistance to have adequate housing. This equates to $27,621 for teachers, $36,767 for fire fighters and $20,022 for police officers. When all these arc put together the financial assistance needed for additional residential dwelling' constructcd in Collier County amount to: Final Draft 3 Agenda Item 1\10. 5E July 24, 2007 Page 61 of 169 Operations & Critical Emp]oyees Floor Maintenance Total Area Assistance Assistance Assistance Needed Teachers Fire Police Needed 500 $0 $246 $34 $83 $362 $362 750 $0 $368 $50 $125 $543 $543 1.000 $0 $491 $67 $166 $725 $725 i 1.500 $0 $737 $101 $249 $1,087 .$1.087 2.000 $]90 $982 $134 $333 $],449 $1,639 ').)00 $U25 $1.228 $168 $416 $1.811 $2,936 ,- :1,000 $2,060 $1,474 $201 $499 $2,174 S4.233 3,500 $2,995 $1.719 $235 5582 $?.536 $5,531 4.000 $3.930 $1,965 $268 $665 $2,898 $6,828 J. .::;rKl $4,~65 $2,211 5302 $748 $3.260 $8,]25 f-'" 5.000 $5.800 52,456 $335 $83t $3.623 $9,422 RESIDE"ITlAL EMPLOYEES BY SIZE OF RESIDENCE The smallest dwellings tend to be self-supplying for operational and maintenance sc;'vices. As units become larger, employees are hired to maintain and operate homes. However, the need for critical employees begins at the smallest housing sizes. Wages in Collier County are simply too low for a large numbcr of newly employed persons to achieve housing. This tends to result in crowding and excessive commuting, bo.>th of which are undesirable. The gap between carned income and what is required to afford workforce housing in Collier County shown below. The housing assistanec needed for police and fire personnel are added to those of regular employees to arrive at a complete picture of housing needs resulting from new non-residential development in Collier County. Final Draft 4 . Agenda Item No. 5E Juiy 24, 2007 Page 62 of 169 NON-RESIDENTIAL HOUSING AFFORDABILITY GAP BY LAND USE Government Induslrial Institul. Office Retail Tourist ional Emnlo"ees: Employees per J ,000 FT' 0.91S 1.025 1.300 3.333 1.775 1.280 FP. per Emp~oyee 1.090 976 769 300 563 781 Ff2 per Household 1.547 1.386 1.092 426 800 1.109 Income per Household $6t,707 $62, II 0 575.4S1 $72.003 $50,312 $47,636 lIpper Affordability Limit 5211.9&6 $213.371 5259.304 $247.355 $172.841 5163,647 Workforce Housing Cost $262.500 $262.500 $262500 $262.500 $211,700 $211.700 Gap $50.514 $49.129 $3,1% $15,145 $38,859 $48.053 Gap per FP $32.65 $35.46 $2.93 $15.56 $48.58 $43.32 Critical Employees: T cachers $0.00 $0.00 $000 $0.00 $0.00 $0.00 Fire/Rescue $0.11 $0.11 $0.11 .0.11 $0.11 $0.11 Law E"fofc.eInCnt $0.06 $0.04 $0.01 $006 $0.18 $0.03 TOTAL PER FT' $32.82 $35.60 n05 $35.73 .48.B6 $43.46 These numbers are large. Pcrhaps it would be helpful here to step through an example. Take the case of a tourist accommodation. Data show that there are 1.28 employees per 1,000 Ff2 of tourist accommodation, such as a hoteL These 1.28 employces are organized into 0.9 households. Accommodations employees earn an average of $33,547, with houschold income of $47,636. Households with this income can afford to pay $163,647 for housing. The cost of workforcc housing in Collier County of the relevant type is $211,700, leaving a gap of $48,053 hetween what that household can afford and the cost. Given that there are 0,9 employee households per 1,000 FT2, the gap per 1,000 square feet of tourist accommodation area is $43,320, which is $43.32 per square foot. The net numbers are large because the difference bctween the income needed to afford Collier County housing and prevailing wages is large. Final Draft 5 Agenda Ilem No. 5E July 24, 2007 Page 63 of 169 II. Housing Costs in Collier County Housing is expensive in Collier County. Tow of the consequences of high housing prices is higher rates of commuting and time committed to commuting. The 200 census found that 16% of Collier County employees commuted into the countyl and 31 % of all workers traveled 30 minutes or more to get to work. 2 Table I shows the median resale prices of existing single family homes in Collier County, Florida and the Unitcd States. During this period. the Collicr median price grew at an annual rate of 9.1 % as contrasted WIth 8.4% for the State of Florida and 6.6% for the United States as a whole. Table 1 MEDIAN RIlSALE PRICE OF A SINGLE FAMILY HOME Collier Florida US - 1993 5149.500 $87,100 50 1994 $144,800 $87.800 SO 1995 $149.000 $87.700 $110,500 1996 $172,200 $91.800 $lt5.800 1997 $164.000 .$9-'.800 $t21.800 1998 $176,000 5101.500 $128,400 1999 5209,300 $108.400 $133,300 2000 $23 7.400 $115.900 5139,000 2001 $237.500 $126,600 $J47.800 2002 $263.700 SI41.7IXl $156.200 2003 $297,200 S15MOO $178.800 2004 $371,700 5181.900 $195,400 2005 5482,400 $235.100 $219,600 2006 * 5469.100 $248,400 $2]9.800 SOURCE: Florida Board of Realtors and National Association of Realtors, websites. ~ September Figure I visually presents these data. There has been a nationwide trend toward higher home prices. This trend has been especially apparent in growing areas such as Florida and Collier County. The causes of these pnce increases are many and varied. House prices, like any good. are set in the market by forces of supply and demand. Therc is ample evidence that the supply of housing has greatly increased in Collier County, Florida and the United States, Thus the resulting prices could not be the result of supply restriction. Rather. the demand for housing has increased and increased sharply, bcyond the increase in supply. A number of factors have gone into this increase. Most important among these factors are: , 2000 Census. Commuters to Collier County, Florida Agency fro Workforce Innovation webstte. 22000 Census, Table P31 for Collier County, http.mactlinder.census,gov. Final Draft 6 . Agenda Item No. 5E July 24, 2007 Page 64 of 169 . The demographic structure of American houscholds together with the transition of the "Baby Boomers" towards pre-retirement and retirement; . Very substantial reductions in interest rates, thus reducing the cost of home ownership; . The relatively poor performance of financial investments, especially the stock and bond markets; . The favorable tax treatment according homeownership, especially second or vacation homeownership, and . The desirability of Collier County. This list is intended to be illustrative rather than exhaustive. The point is that demand for housing, especially in resort type areas such as Collier County, has greatly increased. During the decade of the 1990' s thc annual average number of dwel1ing units built in Collier County was 5,037. Since 2000 the annual average number of dwellings constructed has averaged 7333, 46% higher than the 1990's. Even though supply increased, price, have risen significantly. The dip in prices during 2006 is the much discussed "decline" in the housing market. For Florida and the US there has been no decline from prices observed in 2005 levels and the apparent decline in Conier County prices could well be due to seasonal fluctuations. Nevertheless, housing prices are abating locally, statewide and nationally. It is not possible to project the extcnt of the possible declinc. A closer look at Collier County sales data shows that ups and downs are normal. Table la shows monthly sales for the county and for the state. Year to year percentage changes are also shown. Wide swings are the norm. There are many factors that lead to such swings, including the state of the economy. Median House Price: Collier, Florida & US $600.000 $500,000 . -------- CoJti~~ .~-- 5400.000 $300.000 $200.000 ~Ori~~ US , $100.000 $0 93 95 97 99 Ot 03 05 Figure 1 Final Draft 7 Agenda Item No. 5E July 24. 2007 Page 65 of 169 Table la COLLIER COUNTY AND FLORIDA HOUSING RESALES BY MONTH 2003 . 200/i Collier Florida Date % Change in Sales Median Price % Change in Sales Median Price ..- Sales Price Sales Prke Sen 351 S272.1 00 18.222 $158.800 Oct 387 $349.100 14.934 $174.100 Noy 278 $32l,70() 10.322 $172.500 Dee 34J $323.300 18.3&4 $16J.100 20M Jan 321 $392,400 12.520 $168.100 Fcb 373 $389,000 16,127 $162.300 Mar 435 S334.000 21.610 $168.400 Am 529 $389.100 23.375 $173.900 Mav 416 $365.600 23.107 $181.300 Jun 615 $430,700 26.791 $189,700 Jul 388 $346,500 23.554 S186,7OO Aug 390 $397,300 20.294 '>189.500 Sen 333 $338.200 -5.]% 24.3% 14.803 $1~4,700 -IS.8% 22.6~. Oct 303 $357,500 -21.7% 2.4% 16.811 $190.80() 12.6% Q.6% Nov 355 $369.900 27.7% 15.0% 17.116 $ln.400 65,8% 11.5% Dee 388 $355.400 13.K'";'l: 9.90/, 20.684 $195.9()() 12.5% 21.6% ~O5 Jan 394 $497.900 22.7(~, 26.9% J5.567 $204,900 24.3% 21.9% reh 4,4 $49S,400 164% 28.1% 17 .562 $201.400 8,t.)l;f, 24.1% Mar 540 $430.800 24,1~, 29.0% 24,045 $212:300 i1.~% 26.1% Am 540 $477.100 2, l7t., 22.6% 23,537 $218.600 0.7% 25.7% May 476 $488.900 144(1(, 33.7% 24,069 $230.S00 4.2lk. 17.30i Jun 528 $491,400 -14.1% J41% 25.455 $24g,700 .5.0% 31.1% Jul 459 5490.400 11LVft. 41.5% 21.669 $252.300 ..8.ti% 35.1% Aug 472 5500.800 21.0% 26.1% 21.318 $246.500 5.0% 301% Seu 350 >472.300 51~1. )9.7% 20.368 $247.800 37.6% 27.Y7r.. Oct 254 $495.500 -16.2% 38.6% J6.029 $24 UKKJ .4.7% 26.Y.lif, No,," 333 $479,SOO -6.2% 29.7st 17.219 $250,5IKI 0.6% 30.2% Dee 668 $377,700 72.2% 6.3o/r, 17.505 $247,OOO -15.4% 26.1% 2006 Jiln 580 $376.300 47.2% -24,49f, 12.815 $248,600 .177% 21.3% Feb W3 S492,300 38,9% -1.'2% 13.539 $244.200 -22.9% 21.3% Mar 371 .\381.100 -31.1% ..II J% 18,881 $248.200 -21.5% 16.901 Anr 274 $174jOO -49.3% -21.5':t. 16.392 >249.700 -30.4~ 14.2\t Mav 31' S:)()7,900 -34.2~'(_ 3.9'7c 18.680 $25(,.400 -22.4S"{ Jll'Jf Jun 274 5-451.500 -4il'ir -cs.l'k 18.089 $257,800 -28,9% 3.T;f, Jul 227 $461.800 -50.5% ..5.8" 14.451 $250.800 -33.3st ..06'Jf Aug 259 >469.100 -45.19(, -6.3'1(. 14.736 $048.400 -30.9r:+ 0.8o/r., SeD 236 $446.900 -32.Mi -5.4r,t 13.485 $24::1,900 -33,go/c, -1.6% Au, - $500.S()() $252,300 2005 Highest July' Lowest Dec $J77,700 Feh $201.400 2006 Hiuhest Mav $507.900 June $2-"7.800 Lowest Anr $374.500 Scot $243,900 SOURCE: Florida Bo;:u-d of Realtors, \vcbsile. To this point 2006 sales prices are within the range of those seen in 200S. For 1he state 2006 prices are above those of 2005. Figures Ia and I b show Collier County monthly sales and median prices. Trend lines have been inserted. The fact that both the number of sales and median prices are under the trend would indicate that there is lessened Final Draft 8 . Agenda Item I~o. 5E July 24, 2007 Page 66 of 169 demand and that prices are actually dropping. Given the normalcy of swings, it is not now possible to determine the extent of the declines. The year over year percentage changes would suggest a decline in Collier II/bnthly Sales OOJ 700 6Xl 50J c 400 3XJ 200 100 o l -I -===\ -==-- Trend Ull9 ,,:=j , , , I I I I I ,-',-, . , , ~ ~ ~ Figure 1a CoIl1ier Col..nty I\IIecIan Price ::L.---~ ~ v~ :: jliz:"T~'V--' -J .-"! __I Trend Une I =:F= . $)-1 'f ,------,---., .'T', I , ~ ~. ~ Figure 1 b price of 6 to 8%, with the dramatic changes in early 2006 probably due more to shifts within the market than due to absolute declines. Final Draft 9 Agenda Item I~o. 5E July 24, 2007 Page 67 of 169 Table 2 shows median household income together with median prices of existing single family homes and an affordability limit calculated as 30% of median income devoted to housing. Figures 2 and 3 graph these data. Table 2 MEDIAN HOUSEHOLD INCOME, RESALE PRICES AND AFFORDABILlTY LIMITS COLLIER COUN1'Y Median Resale Affordabllity Income Price Limit 1996 $48.S00 $172.200 $162.667 1997 $5l.300 $11'>4,000 $171,000 1998 $54.100 $176.000 $180.333 1999 >'4,5J8 $209.300 $181.7"7_ 2000 $59,100 $237.400 $197.000 2001 $65.000 $237500 $2]6.667 2002 $ 69 .S(X) $26.1.700 $232,667 2003 $61,400 $297,200 $204,667 2004 $6.1.300 $371.700 $211.000 2005 .$633(x) $48" .400 $211,000 2006' $66.100 $446.900 $220,333 SOURCES: US Dept of Housing & Urban Development and Florida Board of Realtors. * September Existing t-Lo I ~ Prices & Mecian Incc.. e Collier Cou1ty $5:0,= I $48],= <! ~ <) , $100,= $4CQ00:> 11II1 Price I I $00,00:> ~ $3SJ,00:> IIII1lncane I . $3X),00:> $ED,00:> $25:), CXXl <! -------------,-~_.~ <:1' . <:1' , $19:),00:> ~ ()a ..()" d --,------- _d $40,00:> $2(Xl,00:> .-e--.~_<7 $1co.oo:> $5:), axJ $2), CXXl sn sn I L_, 93 95 gr 99 01 Cl3 05 Figure 2 Final Draft 10 . Agenda Item No. 5E July 24, 2007 Page 63 of 169 ,-.-----..-. Collier Cou1ty H:Jusing Afrol'C:lability l $:lXl,00J $s:X).00J ,..-----------~---~ -....C, _ 0 -II/e:i,., Fesale Price' l- AffartDIit)f Urril I p - c . $4CO,OOJ -~-- " . .-.d- .."" ~ ~2- .L ...... $3:Xl.OOJ - - -~ - -. - '- --..-- .. 0 =.OOJ 0 .~ ~q .I. l - !a' .I. - $100.= - ---- - -- _<1' -' $0 L 93 95 gr 00 01 03 a;; __I Figure 3 Figure 3 shows that thcre was rougb parity between the affordability limit and median prices through 2002. Since then a gap has existed and is getting bigger each year. The decline in median income foJ1owing 2001 is probably due to the national economic recession, although it has yet to return to prior levels, These dat.a confirm that therc is a housing affordability problem in Collier County and that the problem is getting worse with the passage of time. Thc causes of this problem are many and vaned. Most are beyond the ability of local officials to inOuence. The recent declines in prices have stabilized the affordability problem. In order for market forces to reinstitute affordability of the mcdian home to the median household income, median prices would have to fall by SO.7%, from $446,900 to $220,300. Such a decline is not foreseen. Final Draft 11 Agenda Item No. ~t: July 24.2007 Page 69 of 169 III. Workforce Earnings in Collier County Table 3 shows annual earnings of employees by industry for Collier County for 2001, 2004 and 200S. Also shown are Collier County earnings as a percent of annual carnings for the State of Florida. On average Collier earnings tend to approximate those of the state, with some notable exceptions. One point is obvious, with Collier employee eamings approximating the state's, the higher Collier County housing prices will exert greater problems in Collier County than secn elsewhere in the state of Florida. Table 3 ANNUAL EARNINGS BY INDUSTRY COLLIER COUNTY Collier County Collier as. lYe of State of Florida I ndustry Title Annual Wa e 2001 2004 2005 2001 2004 2005 Total, All lndustnes $30,838 $34,874 $38,179 97.7% 99.2% 103.8% Goods-Producino: $28,964 $32.450 $35,613 85.1% 86.7% 91.8% Agriculture. Forestn', Fishinu & Hunting 814,673 $17.388 $18.173 74.2% 79.3% 79.0% Construction $35.165 >37.762 $40.298 104.6'le 102.8% 105.1% Manufacturing $33.1 16 $37.971 841,410 rP,2(.it, 894% 95.4% Service-Providino $31.365 >35.524 $38.930 100.6% 102.Jtfr 106.80/, Trade. Transportation. and Utilities $27 .095 $32.168 $33.356 R9.5% 96.5% 96.5% Vlholcsale Trade $42.311 $52,328 $54.227 927% 103.9% 1028% Retail Trade $23,919 $27.669 828.450 105.7% 111.6% 110.2% Transportation and \Varehousing 533.203 $40,405 $41,011 92.4% 100.3% 100.7% Information $44.922 $47.340 $49.341 97_0% 93.2% 93.5% Financial Activities $51.734 $56.471 $69.540 120.3% 114.1% 132.2% Finance and Insurance $63,555 $69.338 $91.195 129.8% 123.6% 153.8% Real Estate and Rental and Le21sing $34.922 $38.745 $42.708 115.4% 108.3% 109.6% Professional and Bus.iness Servi(;cs $38.333 $38.676 $48,624 116.8% 105.3% 124.0% Education and Health Services $34.421 >40.575 $42,123 I05.9S1, 111.1% 110.8% Health Care and Social Assistance $35,679 $42.009 $43,315 104.8% 109.2% 109.1% Leisure .LOd lIospitality $20,852 $24.206 $25.728 122.8% UO.6'r, 132.3o/c Accommodation and Food Services $18.443 $20.346 $21.194 126.7% 127.6% 125.2%., Other Services $22,8&6 $25.696 $26,486 I 02. 8 cif. 104.3Sl. 1 02. 7 C,t! Public Administration $37.219 $43.199 $44,780 1000% 100.1% 100.4% SOURCE: Florida Labor Market Statistic" Septemher 2006. Final Draft \2 . Agenda Item 1"0. 5E July 24,2007 Page 70 of 169 Table 4 applies the 2004 to 200S rate of change to 200S earnings to project Collier County annual employee earnings to December 2006. These data will be used for the subsequent calculations in this report. Additionally, employee household earnings are also projected to December 2006. Table 4 EMPLOYMENT AND HOUSEHOLD EARNINGS BY INDUSTRY COLLIER COUNTY 2006 Industry Title NAleS Average Annual 'Wage Huusehold Code Employment 2005 2006 Earnings Total, All Industries 10 129.308 $38.179 $41,797 $59,338 Goods- Producin- 101 29.298 $35,613 $39.084 $56,625 Aoriculture, Fotestrv, Fishin_ and Huntino 11 6.365 $18,173 $18.993 $36,534 Construction 1012 19,707 $40,298 $43.<Xl4 $60,545 Manufacturing 1013 3,226 $41,410 $45.160 $62,702 Service-Providinp 102 100,010 $38.930 542,663 $60.204 Trude. Transnortation, and Utilities 1021 24.011 .$33,356 $34.588 $52.129 Wholesale Trade 42 3.219 $54,227 $56.195 $73,736 Retail Trade 44-45 18,550 $28,450 $29.253 $46.794 Transnortation and Warehollsina 48-49 2,004 $4UJll $41.626 $59.167 Information 1022 1,796 $49.341 $51.427 $68,968 Financial Activities 1023 7.535 $69.540 $85,634 $lO3,175 Finance and Insurance 52 4,170 $91.195 5119,942 $137,483 Real Estate and Renlal and Leasing 53 3.365 $42.708 $47.076 564,617 Professional and Business Services 1024 14.440 $48,604 $61.131 $78,672 Education and Health Services 1025 19.804 $42.123 $43,730 $61.271 Health Care and Social Assistance 62 12,989 $43.315 $44.662 $62.203 Leisure and Romitalitv 1026 21,S35 $25.728 $27.346 $44.887 Accommodation and Food Services 72 15,396 $21,194 $22,077 $39,6l8 Other Services 1027 4.888 $26,4S6 $27.300 $44,841 Public Administration 1028 5,492 $44,780 $46,419 $63,960 SOURCE: Florida Labor Market Stati,tics, September 2006. NAICS - North .Aunerican Industrial Clas.sification System. A system of classifying industries for purposes of data collection, re.porting and analysis. The typical economically active household has more than one person employed. Table S shows the number of employed persons per household in Collier County. To get household earnings, the earrings of the indi vidual are increased by the expected earnings for the other individual within the household. The average economically active household has \.42 employed persons, This is the primary individual plus 0.42 others. Ine 0.42 is multiplied by the average earnings of all employed persons - $41,797- which is then added to the earnings of the primary indi vidual to get household income. These data are shown in Table 4 above. Final Draft 13 Agenda 118m No. 5E Julv 24. 2007 Page 71 of 169 Table 5 EMPLOYEES PER HOUSEHOLD COLLIER COUNTY Total Households With Earnin s Without Eamin s Em 10 'ed E loved er Economicall Active Household SOURCE; Bureau of the Census, American Factfinder and Florida Agency for Workforce Innovation, Labor Market Statistics. NOTE; Employment data used here is Total Non-Agricultural Employment, ShOVo,'l1 in previous tables. Collier Count 103.126 70,298 32_828 99.800 1.420 IV. The Cost of Workforce Housing The prices of Collier County residences were shown above in Section IT. Many of these residences could be considered to be luxurious and not what one would expect to bc the residence of the typical member of Collier County's workforce. Additionally, the concern addressed herein is entry housing for members of the workforce that are in the lower segment of the earnings spectrum. It. is cxpected that such dwellings would tcnd to be small and spartan. Table 6 shows the expectation with rcspcct to Collier County entry workforce housing. The three Table 6 ENTRY LEVEL WORKFORCE HOUSING COLLIER COUNTY I Multi-Fami]y Small I Mutti-Family Medium Town Hume Cost Detail: Land 577.509 $77.509 540.688 Buildino- 570.660 $114.830 $220,253 Other 542.831 $77.661 $58,059 F]oor Area 800 1.300 ],990 Cost per f"f' $239 $20H $160 TOTAL $191,000 $270,000 $319,000 Cateoorv 1 Cate20rv 2 Cate.orv 3 Multi-Familv Small 80% 25% ]0% Multi-Family Medium lOSt.' 50970 15% Town Home 10% 25% 75% AVERAGE COSTIPRICE $211,700 $262.500 5298.850 SOURCE, Fishkind & Associates. November 2006. Final Draft 14 r Agenda Item hlo. 5E July 24, 2007 Page 72 of 169 housing types are organized into three categories. Category 1 is indented for those Collier County households earning less than 80% of median household income ($66,100). Category 2 is intended for those earning between 80% and 120% of median household income. Category 3 is intended for those earning more than 120% of median but still needing assistance. The categories are differentiated by the weighting of housing type, as shown in Table 6. Table 7 shows the incomes necessary to afford the units setout in Table 6. These incomes are both individual and household. Only homeownership is shown here. These results are easily translated into rental equi valents if rental housing is the goal. Table 7 INCOME NEEDED TO AFFORD HOUSL"IG Calculation of Affordability Categol")' 1 Category' 2 Category 3 Purchase or Production Price $21 J,700 $262.500 $298.850 Do\l,."o Pavment 3.00% 3.00% 3.00% Loan Term 30 30 30 Interest Rate 5.78% 5.78% 5.78% Points 2.00% 2.00% 2,00% Mortga.e Insurance 0.60% 0.60% 0.60% Taxes & Insurance 1.83% 1.83% 1.83% Other Closi ng Costs 3.00% 3.00% 3.00% Cash [0 Close $16,809 $20.843 $23,729 Mortgage $205.349 $254,625 $289.885 Mortgage pa vment $1,2U2 $1,491 $1.697 Mortgage lnsurance $103 $127 $145 Taxes & Insurance $236 $301 $348 Total Monthly $1.541 $1.919 S2.190 Max Monthlv Exnensc to [ncome 30.00% 30.00% 30.00% Minimum Monthlv Income $5,l35 $6.398 $7.302 Annual Income $61.624 $70.776 $87.6 I 9 Income to Price Ratio 29.11o/v 29.25% 29.32% Workers Der Household 1.420 1.420 1.420 Income Der Worker $43.407 $54.080 $61,718 Annual Rental Equivalent $21,170 $26,250 $29.885 Final Draft 15 f~genda 11em No. ~t:. July 24, 2007 Page 73 of 169 v. Need for Workforce Housing by Development AU new developments will have impacts on the need for workforce housing. The first will be the housing needs of the workers employed on a continuing basis to operate and maintain residences. The second is the housing needs of employees to operate and maintain places of business. There is concern for a group of employees commonly referred to as "critical employees." While what is or is not a critical employee varies from community to community, in Collier County Critical Employees includes public school teachers, police officers (including the jail) and firefighters, which includes Emergency Medical Technicians andlr Paramedics. New developments will cause demands for additional critical employees, who will face housing affordability issues. A. Residential Development Once a residence has been constructed it must be operated and maintained. Some people do much of the operational and maintenance activities themselves while Dthers do not. The residential survey conducted by RRC, Incorporated, found that the average number of full time equivalent employees (ITE) per residential unit in Collier County was 0.0952. This is 198 person-hours per residence per year devotcd to operations and maintenance by employed persons. The assignment of employees to the rcsidcntial sector is shown in Table 8. Critical employees ~ school teachers, law enforcement and firelrescue personnel are also assigned to residences as shown in Table 8. The RRC residential survey is attached as Appendix A. Final Draft 16 . Agenda Item No. 5E July 24,2007 Page 74 of 169 Table 8 EMPLOYMENT ASSIGNABLE TO RESIDENCES Industry I Emnlovees Total I oer Unit OPERATIONS & MAINTENANCE Construction Bui]ding Fini,hin~ I 1,282 r 0.007 Other Contractors I 1,7091 0.010 Financial Activities Property Management I 427 I 0.002 Mise Real Estate & Finance 427 I 0002 Professional & Business Services Serviccs to Buildings & Dwellings (cleaning & Landscaping) 5.126 I 0.029 Waste Collection 1.282 I 0.007 Education & Health Services Health Services 1.282 I 0.007 Social Services 1,282 0.007 Other Services Repair & Maintenance 854 0.005 Personal & Laundrv Services 1,282 0.007 Private Household Services 1.709 0.010 Other 427 0.002 TOTAL OPERA nONS & MAINTENANCE 17,087 0.095 CRITICAL EMPLOYEES Education & Health Services Educational Services 2,84] 0.016 Public Administration Police Protection 800 0.004 _~ire Protection 800 0.004 TOTAL CRITICAL EMPLOYEES 4,441 0.025 _TOTAL ALL EJ\lPLOYEES 21.528 0.120 SOURCES: Re,idcnlial Employees - RRC, Incorporated. Critical Employees - Survey of colller Count)' critical employers, November 2006. The annual earnings of these employees are shown in Table 9. This table presents the weighted average of 0 & M employee earnings. The weighting is by the number of employees in the individual employment category as shown in Table 8, Final Draft 17 Agenda Item 1'0. 5E July 24, 2007 Page 75 of 169 Table 9 RESIDENTIAL OPERA TIONAL & MAINTENANCE EMPLOYEE EARNINGS Total DweUi Units o erational & J\1aintcnance Em lovees er Unit Total 0 erational & Maintenance Em lovecs o erational & Maintenance Em 10 ee Earnin 188.651 0.0952 17 .960 Constructlon Financial Activiti~s Prof & Business Services Education & Health Sl:fvices Other Services Wei hted Average Em loyees er Household E loyee Household Earnin s Individual $43.004 S85,634 $61.131 $43,730 $27 .300 $48.116 1.420 S65.657 We; Itt 0.18 0.05 0.38 0.15 0.25 100 The household of the average 0 & M employee is expected to receive $6S,6S7 in annual earnings. This is 99% of thc medIan of $66, I 00. Thc necessary income data from Table 9 show that the typical operations and maintenance worker will be able to afford to pay $225,556 for housing, $36,944 short of that needed. Table 10 RESIUENTlAL OPEIL>\.T10NAL & MAINTENANCE EMPLOYEE ASSISTANCE 'Vetohted ^vcra c Em 10 ees er Household Em lovee Household Earnin s Housino Affordability A vllilahle Housin Cost Assistnnce Needed S48.t16 1.420 $65.657 $125.556 $262,500 $36.944 The firm of RRC Associatcs conducted a survey of Collicr County residential property owners to determine how many operational and maintenance workcrs lire required by typc and size of residence. That survey is presented in Appendix A. The rcsults of this survey show that homes occupied full time have fewer operdtional and maintcnance employees than vacation or second homes and that larger homes requirc more employees than do smaller. A regression equation yielded the following formula for the number of operational and maintenance employees: Employees-Full Time Occupied = -0.0566 + (.00007186 * Area in FT2) - (.07982) Employees-Part Time Occupied = -0.0566 + (.00007186 * Area in Ff2). The data resulting from these formulas are in Table 11. Final Draft 18 - Agenda Item I~o. 5E July 24, 2007 Page 76 of 169 Table 11 OPERA TIONAL & MAINTENANCE EMPLOYEES BY TYPE AND SIZE OF RESIDE,"'CE Resident Vacation or Second Floor Area Employees HOdseholds Employees Househotds 500 0.000 0000 0.000 0.000 750 0.000 0.000 0,000 0.000 1.000 0.000 0.000 0,015 0011 1,500 0.000 0.000 0,051 0,036 2.000 0.007 0.005 0.087 0061 2.500 0.04:\ 0.030 0,123 0.087 3.000 0,079 0,056 0159 0.112 3.500 0.115 0.081 0,195 0137 4,000 0.151 0.106 0,231 0,163 4,500 0.187 0.132 0.267 0,188 5.000 0,223 0.157 0.303 0.21.3 The regression results show that residences occupied by full time residents are largely self-supplying until 2,000 feet in floor area, and then outside help is sought. The same is found for vacation or second homes except outside help is sought aftcr 1,000 feel of floor area. As both units get larger, the number of employees nceded to operate and maintain the dwelling gets larger. Table 12 applies the needed assistance from Table 10 operational and maintenance employees per unit from Table II. While the statistical analysis Table 12 RESIDENTIAL EMPLOYEES BY SIZE OF RESIDENCE Floor Area Operations & Maintenanc.e Assistance Employees House Holds Needed 500 0000 0.000 $0 750 0,000 0.000 $0 1,000 0000 0.000 $0 1.500 0.000 0.000 $0 2.000 0.007 0.005 $190 2.500 0.043 0,Q30 $I!.~ 3.000 0.079 0,056 $2.060 3.500 0.115 0.081 $2,995 4.000 0.151 0.106 $3.930 4,500 0,187 0.132 $4&.~ 5,000 0.223 0.157 $5.800 Indicated that assistance needed for second homes is greater, for purpose of this study it is assumed that all residences in Collier Count are occupied by full-time residents. Another group of employees are also of concern. These are called "critical employees." Critical employees include: Final Draft 19 Aoenda Item I~o. ~t= " July 24. 2007 Page 77 of 169 . Public School Teachers, . Fife & Rescue personnel o Firefighters o Emergency Medical Technicians o Paramedics . Law Enforcement o Police officers and Sheriff s deputies o Corrections (jail) deputies. The fire/rescue and law enforcement personnel included are fOf Collier County, the cities of Naples and Marco Island and the independent [ire districts. The number of ctitical employees and their earnings exclude those that are in support or supervisory roles. School principals, fire chiefs and police captains are not included, thus focusing attention on those in the lower ranks. Tables J3a, band c present the critical employee data. Table 13a shows that there are .0178 teachers per 1,000 square feet of residential noor area, or one public school teachers per 56,228 fect of residential t100r area. The average salary for individual teachers is $50,820 and $68.371 pef teacher household. The average teacher household will require $27,621 to afford housing, or ~49 per foot of residential t100r area. TABLE13a CRITICAL EMPLOYEES - SCHOOL TEACHERS Teachers 2006-07 2,841 Percent Residential 100% Total Floor Area 159,745.423 Teachers oer 1.000 Ff' 0.0178 Base salary: Individual Household BA $39,198 $56,739 Masters $40,893 $58.434 Average Salary $50.830 $68.371 Salary Used $50.830 $68,.,71 Affordability Limit $234.879 Workforce HousinQ. Cost $262.500 Gao $27,621 Gap per FT' of Resldcntial Floor Area $0.49 SOURCE: The School District of Collier County. Table 13b I presents data for fire and rescue personnel and population data. These data show the number of fire and rescue personnel per 1,000 Ff2 for both residential and non- residential development. Table 13bI CRITICAL EMPLOYEES - FIRE & RESCUE Fire & Rescue Em lo>ees City ofNa les 55 Cit,' of Marco Island 33 22,490 15.647 Final Draft 20 . Agenda Item No. 5E Ju!y 24.2007 Page 78 of 169 Everglades 0 527 North Naples 144 91,119 Golden Gate 53 77,027 East Naples 144 72,641 Immok.:,llee 17 25,351 Big Corkscrew 23 9.797 ls!e of Capri 3 1.963 Ochop"e 9 2574 Total 481 319.136 Allocatinn: Percent per 1,000 FT' Residential 74.1% 0.00182 Non~Residential; 25.9% 0.00294 Government 0.00294 Industrial 0,00294 Institutional 0.00294 Office 0.00294 Retail 0.00294 Tourist 0.00294 SOURCE: Tindale-Ohver & Associates., "2005 FlrefRescue Services Impact Fee Update Report," January 2006. Table 13b2 presents fire and rescue employee earnings data. The average individual salary is $48.168. which converts to household income of $65,709. These households can afford $225.733. $36,767 short of that needed. Table 13b2 also shows this shortage, referrcd to as a gap. pcr square foot of floor arca for residential and non-residential development. Table 13b2 CRITICAL EMPLOYEES. FIRE & RESCUE nase Salary: Individual Household Starting $32,633 $50.174 Average $48.168 $65,709 Salary Used $48,168 $65.709 Affo,dabilitv LimIt 5225,733 Workforce Housi~p; Cost $262,500 Gap . $36,767 G'.lD Der Ff2 of Floor Area Residential I $0.07 Non-Residential Government $0.11 Indusl1"ial $0.11 Institutional $0.11 Office $0.11 Retail $0.11 Tourist $0.11 SOURCE: Collier County, October 2006. final Draft 21 Agenda Item No. 5E July 24,2007 Page 79 of 169 The data for law enforcement are shown in Table 13c!. As with other critical employees, the number of employees is calculated on the basis of floor area, here differentiated between residential and non-residential with non-reRidential further classified by type of use. Table 13c2 shows the earnings of law enforcement personnel. The average is $S3,042 for the individual officer and Table Bel CRITlCA L EMPLOYEES - LAW ENFORCEMENT La w Enforcement Officers Sheriff Patrol 600 Jail 300 Nanl", 80 Marco Island 32 Total 1,012 Allocated to: Officers per 1,000 FT' Residential 821 0.00830 Non-Residential; \Jovcrnment 24 000-~ Industrial 19 000179 Institutional 3 0,00075 Office 8 0.00298 RetaIl 123 0.00894 Tourist 14 000170 SOURCE: Tindale-Ofivcr, "Coflicr County Law Enforcement Update," May 8. 2006, page 13[, $70,583 for the officer's household. The average household can afford $242,478 for housing, $20,022 short of the need. Table 13c2 shows this gap on a per square foot basis for the vmious land uses. Table 13e2 CRITICAL EMPLOYEES - LAW ENFORCEMENT Law Enforcement Base Salary: Startin~ $39.153 $56,694 - A verave $53.042 S70.583 Salary Used $53,042 S70,583 Affordability Limit $242,478 \Vorkforce Housing Cost $262.500 Gao $20.022 GaD ner Frl of Floor Area Residential I $017 Non~Re5idcntial Government I $(J.06 Final Draft 22 . Final Draft -~ --~~.- Industrial $0.04 Institutional SO.OI Office $0.06 Retail $O.]g Tourist $0.03 SOURCE: Collier County, October 2006. Agenda Item No. 5E July 24. 2007 Page 80 of 169 23 Agenda Item No. 5E July 24.2007 Page 81 of 169 Table 14 brings together the operation and maintenance employees with the critical employees and presents total assistance need by size of residence. Operations & Critical Employees Floor Maintenance Total Area Assistance A~istance Assistance Needed T e""hers Fire PoUte Needed 500 $0 $246 $34 $83 $362 $362 750 $0 $368 $50 $125 $543 5543 1.000 50 $491 $67 $166 $725 $725 1,500 $0 $737 $101 $249 51.087 $1.087 2,000 $190 $982 $134 $333 $1.449 $1.639 2.500 $1,125 $1.228 $168 $416 $1.811 $2.936 3.000 $2,060 $1.474 $201 $499 $2.174 $4.233 3.500 $2,995 $1,719 $235 5582 $2.536 $5,53! 4.000 53.930 $1.965 $268 $665 $2.898 $6.828 4,500 $4.865 52.211 $302 $748 53.260 $8.125 5.000 $5,800 $2.456 $335 $831 $3.623 $9,422 Table 14 RESIDENTIAL EMPLOYEES BY SIZE OF RESIDENCE The sizes shown are illustrative. The assistance would be calculated on the basis of the actual; heated or air condllioned space of thc residence. The amount charged would be the pcr foot charge for the size grouping of the residence times the actual number of square feel. For example, a home with 1,2S0 square feet would result in a need fro assistance of $906, which is $0.725 (the cost per foot for the 1,000 to 1,SOO fool category) times 1,2S0 square feet. Final Draft 24 . Agenda Item No. 5E July 24, 2007 Page 82 of 169 B. Non-Residential Development Table IS shows historic employment in Collier COUIlty by industry, using the North American Industrial ClasSIfication System (NAICS). Table 15 shows the number of new jobs in Collier County by industry. The largest number of new Industry Tille 2001 2002 2003 2004 2005 Tow. All Industries 1I0.24! 114,497 ll5,802 121216 129,308 Goods,Producing 24.234 24.243 23,597 25,658 29.298 Natural Resources and Mining 7,043 7.I90 6,714 6.719 6,365 Agnculture, Forestry. Fishing and Hunting 6,983 7,130 6.660 6,660 6,310 Constructiun t4,284 14.255 14.263 16,127 19.707 Manufacturing 2,908 2,798 2.620 2,812 3.226 Service-Providing 86,006 90.254 92,205 95.558 100,010 Trade. Transportation, and Utilities 22,031 22.432 22,137 22,750 24.0 II Wholesale Trade 2,575 2.787 2.609 2.742 3,219 Ret.1il Trade 17,217 17.357 17.389 17 ,850 18.550 Transponation and Warehousing 1.962 1.962 1.819 1,877 2.004 Utilities 277 327 310 281 238 Information 1,706 1,687 1,683 1,814 1.796 Financial Activities 6.055 6.343 6.485 6.784 7,535 Finance and Insurance 3,555 3,750 3,863 3,931 4,170 Real Estate and Rental and Lcasing 2,500 2,593 2.622 2,853 3,365 Profe&sional and Businc..% Services 12,493 13.364 14.171 15.374 14,440 Education and Hcailh Services 17.076 18.148 18,879 18,713 19,804 Health Care and Social Assistance 11.043 !l.683 12,256 12.259 12,989 Leisure and Hospitality 17.300 18.257 18,814 19,934 21,835 Accommodation and Food Services 11.989 12.720 13,070 14.035 15.396 Other Services 4.56\ 4,814 4.706 4.603 4,888 Public Adminis.tration 4,666 5.008 5,204 5.441 5,492 Unclassified 118 202 126 145 2IJ Table 15 EMPLOYMENT IN COLLIER COUNTY 2001 - 21)05 SOURCE: Florida Agency for \Vorkforce Innovation, Labor Marker Statistics. Quarh.:riy Census of Employment and ~rages, various years., http://www.laborm.arketinf{l.comliihrary/qccw.htm. jobs is in construction - 5,423, which is 30% of all new job,. The second largest is accommodation and food service, with 3,407 new jobs and 19% of total. A problem is that many of these new jobs are in the lower wage industries, most significantly retail trade and tourism. Table 16 shows all industries in tenns of their contribution to employment growth. Table 4 contained average employee and household earnings by industry for Col1ier County as of December 2006. This table is repeated here for ease of refercnce. Final Draft 2S Agenda Item No. 5E July 24. 2007 Page 83 of 169 Table 16 NEW JOBS IN COLLIER COUNTY 2001 . 2005 Industrv Title New Jobs % of Total Construction 5.423 30.5% Manufacturing 318 1.8% Wholesale Trade 644 3.6% Retail Trade U33 7.5% Transportation and W arehousLn~ 42 0.2% Information gO 0.5% Finance and Insurance 615 3.5% Real Estate and Rental and Leasing 865 4.9% Professional and Business Services 1.947 10.9% Health Care and Social Assistance 1.946 10.9% AccommodatLon and Food Services 3,407 19.2% Other Services 327 1.8(;'0 Public Administration 826 4.6% TOTAL t7,783 100.0% Table 4 EMPLOYMENT AND HOUSEHOLD EARNINGS BY INDUSTRY COLLIER COUNTY 2006 Industry Tille NA.lCS A "erage AnnuaJ Wage Ilou...hold Code Employment 2005 2006 Earnings Total, All Industries 10 ]29.308 $38,179 $41.797 $59,338 Goods-Producing !OI 29.298 $35,61.1 $39.084 $56,625 Agriculture. Forestry, Fishing and Hunting II 6.365 $18,173 $18,993 $36,534 Construction 1012 19,707 $40.298 $43,004 $60.545 Manufacturjn~ 1013 3.226 $41,410 $45,160 $62,702 Service-Providing t02 100,010 $38,930 $42.663 $t\O.204 Trade. Trans.oortation, and Utilitie.!. 1021 24.0l1 $33,356 $34.588 552,129 Wholesale Trade 42 3.219 $54.227 $56.195 $73.736 Retail Trade 44A5 18.550 $28,450 $29,253 $46,794 Transnorl:ltion and Vlarchousing 48-49 2.004 $41,011 $41.626 $59.167 Information 1022 1.796 $49.34\ $51.427 $68,968 Financial Activities 1023 7.535 $69.540 $85.634 $103,175 Finance and Insurance 52 4.170 $91.195 $] 19,942 $137,483 Real Estate and Rental and Leasing 53 3.365 $42,708 $47.076 $64.617 Professional and Business Services 1024 14.440 $48,624 $61.13\ $78,672 Education and Health Services 1025 t9,804 542,123 $43.730 $61,271 Health Care and Social Assistance 62 12.989 $43,315 $44.662 $62.203 Leisure and HosDitalitv 1026 21,835 $25.728 $27,346 $44,887 Accommodation and Food Services 72 15.396 $21,194 $22,077 $39,618 Other Services 1027 4.888 $26,486 $27.300 $44.841 Public Administration 1028 5,492 $44,780 $46,419 $63.960 SOURCE: Aorida Labor Market Statistics. September 2006. The assignment of employees to sectors is shown in Table 17. The indusl!ial sectors were assigned to the] 0 land use categories, based on the description of employment Final Draft 26 . Agenda Item No. 5E July 24, 2007 Page 84 of 169 activities related to land uses and related principles found in the Standard Industrial Classification Manual (published by the US Government Printing Office); the classic Land Use Information Systems (Clawson and Stewart, by Resources for the Future, 1965); Planner's Estimating Guide: Projecting Land-Use and Facility Needs (A, C. Nelson, Chicago; Planners Press, 2004); and Standard Land Use Coding Manual, (Urban Renewal Administration and Bureau of Public Roads, Government Printing Office, 1965). The percentage assignment of employment for each industry to the corresponding land use categories is set out in Table 17. The 0 & M and critical employees discussed in the previous section are assigned in Table 17 to residences rather than to an industrial category. Table 17 DISTRIBUTION OF EMPLOYEES TO LAND USES G{]vertl- Industrial Iostitu. omc~ Other Retail Tourist Rl'sidence Critical N. menl tiCtnal Emnlo"~e Location Construction 150% lO,O% 15.17% 59.8% Manufacruring 75.0'lf.. 15.0% 10.0% Who\es.ale 70.0% 10.0% 2{1.{)% Trade Retail Trade 90.(J'I},. lo.{)% T.T&U 15.D% 50.0% 150% 10.0% 10.0% Infonn3.tion 35,0% 45.0% 10,0% 10.0% Finam:ial 10.09l 20.0% 50.6% IU% 11.34% AClivities Prof. & Bus 10.0% 10.0% 20,6% 5.0% 100% 44,ns;;. Services Ed. & Health 200% 13.7% 19.7% 5,0% 27.29% Services 1435% Le-isure& 10.0% 20.0% 70.0% Hosoitalitv Oth" 5.2% 7.1% 9,0% 78.65% Scrvi;:es. Government 40.0% 10.0% 29.13% 27.18% Mining, Agricultural & 100Mb Othc:r The assignment percentages wcre multiplied by the employces by industry shown in Table IS to get employees by land use by year for Collier County. These employees by land use were dividcd into the total floor area hy type of land use to get floor arca per employee. These data are shown in Table 18. Final Draft 27 Agenda II em 1'0. 5E July 24. 2007 Page 85 of 169 Table 18 FLOOR AREA PER EMPLOYEE COLLIER COUNTY I 200] I 2002 I 2003 T 2004 T 2005 I T'n;caJ GovernnJeDl Floor Area 6.055.105 6,264,233 6.405.840 6.943,622 7.313.164 EmnJovment 5.617 5.998 5,913 6,243 6,494 IT' "'" Enmlovee 1.07791 1 .04440 1.083.42 1,I12.28 ],126.16 1.089.79 Industrial ROOf Area 8,918.712 9.43G,1I9 9.9"j2,783 10.337,847 lO.571,6Rl EmplO\'ment 9.698 9.%6 8,769 10.377 11.576 IT' "'" Enmlovee 919.69 946_85 1.130.38 9%.21 9LL~5 976.01 Institutional Floor Area 3j7~.R49 3.523,398 3.%3.140 4,196.497 4.502.542 bnnlo"menl 5,037 S,342 5,545 5,697 5.918 F'T'" oe; EmDlovee 709.54 65961 714.69 736-58 760.78 717.50 Office Floor Area 2,600,659 2.578,207 2.414,006 2.544,743 2.602,769 Emoloyment 13.017 13.628 13/;C17 14,6116 15,~tl6 IT' Der EmDlovee 199,78 ]89.lg 17fi.63 174.23 167.86 18091 Retail - Floor Are'.a 12.] 12.R02 12,477, Hi3 1:Ui/l.377 13.406.009 13,464.486 EmnlU\'menl 21,834 22,332 22,318 23.251 24,432 Ff2 per Emnlovee 55478 553-72 576.74 576.57 551.10 563.49 T ourisl Flo()f Are.a 6,985,100 7.123.437 7,980,617 8.127.216 8,263.059 EmnJo'me:nt - 15,491 16.285 16,749 17.690 1tJ,013 FT' ocr Emnlovcc 450.90 43'742 476.47 459.41 434.36 451.42 All - Floor Area 42.411,274 4-2.999.631 46,174,286 48,037,961 48.351569 Emo]ovment 110,535 [14.812 116,130 121.558 J}9.653 FP ner Emolnvee 383.69 374.52 39761 395.19 372.93 384.65 SOURCES: Table 17 and Collier County Property Applai~r, 2006. The earnings data from Table 4 are used in conjunction with employment by land use from Table 18 estimate annual camcd incomc per household by land use of the primary individual. These data are shown in Table 19. These household incomes will be used in analyzing the ability of workforce households to afford housing in Collier County. Final Draft 28 r Agenda Item 1'<0. 5E July 24, 2007 Page 86 of 169 Table 19 EARNED HOUSRHOLD INCOME BY LAND USE COLLIER COUNTY Land lJse Household Income Government $61,707 Industrial $62.110 InstilL1tional $75,481 Office $72.003 Other $48,906 Retail $50.312 Tourist $47,636 Residence S61.957 Crilica1 Emolovees $62.197 No Locatjon $36.534 All $55.597 SOURCE: Table 4 and Table 18. The firm of RRC did a survey of Collier County employers to determine their employees per unit of land use, This business survey is attached as Appendix B. Thus there are two bases for determining employees per unit of land use, the first is thc estimation using employment data and the second is the RRC survey of Collier County cmploycrs. Table 20 shows the results of the two efforts. General! y the RRC survey found higher ratios of employees per land use than the estimate from employment data. However, in most instances there is substantial agreement between the two methods. An appa.rent exception is bars/restaurants, but bars and restaurant, are not distinct land use classifications. For the actual calculations of workforce housing needs, the RRC or the estimate from employment will be used, whichever is lower. Final Draft 29 Final Draft '"-_..._--~-~~--- Agenda Item ~Io. 5E July 24, 2007 Page 87 of 169 TABLE 20 EMPLOYMENT PER 1,000 FT' SURVEY RESULTS AND F$TlM.A TE RRC Land Use Categor)' RRC Employment Used Resutt Estimate Bar/restaurant 12.6 1.775 1.775 Ccmstruct.lon 5.4 Education 1.3 1.394 1.300 Finance/bankin2. 7.t 5.528 5.518 GovernmentITransvortation/Public utilities l.l 0.9] 8 0.918 Lod-in.rHotel - 0.7 Der Room 1.28 2.2]5 [280 Professional Services 2.7 Personal/Commerc)al Services 5.2 5.528 3.333 Real Estate/Property Management 2.1 Retail Sales 1.9 1.775 1.775 RecreationlEntertainment 3.3 2.2]5 2.215 Other 0.6 Manufaclurinf! 2.3 1.025 1.025 Overall 2.5 2.600 SOURCE: RRC Associates, Collier County Employment Survey, August 2006. NOTES~ (l) The office ratio used is the average of RRC's Professional Services, Personal/Commercial Services and Real Estate/Property Management. (2) Where there is. no general1anu use category corres.ponding to tht: RRC calegory, the field is left blank. 30 ~ Agenda item No. 5E July 24.2007 Page 88 of 169 Table 21 calculates the total workforce housing gap on the basis of square footage of floor area (the inverse of the data in Table 20) These calculations start with employee household incomes by land use type form Table 19. The upper affordably limit is calculated by dividing the employee household income by ,29109, the ratio of housing price to necessary income from Table 7. The cost ofworkforcc housing was setout in Table 6. The gap is simply the workforce housing cost less the upper affordability limit. The assistance needs for employees is the gap per household divided by the number of square feet of floor area per household. The critical employee costs from Tables 13b2 and 13c2 are added to employee needs to arrive at total needs per square foot of floor area by land use type. Table 21 NON-RESIDENTIAL HOUSING AFFORDABILITY GAP BY LAND USE COLLIER COUNTY Government Industrial Institul- Office Retail Tourist ional Emplovees: Employees per 1.000 FT' 0.918 1.025 DOO 3.333 1.77~ 1.280 F'P per Emp~oyee 1.090 976 769 JOQ 563 781 Fp: per Household 1.547 1.386 1.092 426 800 1.109 Income per Household S61.707 .>62.11 0 $75,48 I $72,003 $50.312 $47.636 Upper Affordability I-imit $211.986 $213.371 $259.304 $247,355 $172.841 $163.647 Workforce Housing Cost $262,500 $262500 $262.500 $262.500 $211 ,700 $21 1.700 Gap S50.514 $49.129 $3.196 S15.145 $38,859 $48.053 Gap per Ff2 532.65 53546 $2,93 $35.56 S4858 $43.32 Critical Employees: Teachers $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 FirefRcscue SO.l1 $011 $0.11 SO.11 $0.11 $0.11 Law Enforcement $0.06 $0.04 $0.01 $0.06 $0.18 $0.03 TOTAL PER FT' $:12.82 $35.60 $3.05 $35.73 $48.86 $43.46 Housing categories were assigned to land uses on the basis of the income associated with those uses as contrasted with Collier County median income. Government, Industrial, Institutional and Office uses were assigned Category 2 because all on the incomes fell within 80% to 120% of median income. Retail and Tourist uscs were assigned Category 1 because incomes fell below 80% of median. Final Draft 31 Agenda Item No. 5E July 24, 2007 Page 89 of 169 Appendix A, Collier County Homeowner Survey COLLIER COUNTY HOMEOWNER SURVEY Summary of Results September 2006 INTRODUCTION AND METHODOLOGY The primary purpose of the 2006 Collier County Homeowner Survey was to gather data on the employment associated with the operations and maintenance of residences in Collier County. The survey also gathered extensive data about selected operational characteristics ot residential homes, as well as the usa patterns and demographics of homeowners, which may be of interest for other policy, planning and research purposes. Collier County is interested in understanding the link between residences and job generation, particularly the lower-paying service jobs, to be able to anticipate and plan for the housing needs of residential service employees in the area. The survey, conducted in July and August 2006 and administered by RRC Associates, was mailed to a sample of 3,000 single-family, condominium and multi-family homeowners in Collier County. The sampling methodology was targeted toward ensuring an adequate representation of larger homes within the county would be reflected in responses given that the survey resu~s are used to examine the relationship between employment and home square footage across the full spectrum of home sizes, including very large homes. In light of Ihis need, all non-duplicated homeowners with units valued in excess of $5 million, as identified through Collier County Property Appraiser records (July 2006), were mailed surveys (330 total households), as well as a random sample of 21 percent of owners of homes valued between 2.5 to 5.0 Million (272 total), about 11 percent of owners of homes valued between 1.0 and 2.49 Million (728 total), about 4 percent of owners homes valued between 500K to 1.0 Million (837 total) and lastly, about 1 percent of owners homes valued under 500K (838). A total of 505 surveys were returned, for an average response rate of about 17 percent. Given that survey distribution was based on value of properties rather than location of properties, responses received were more concentrated in Naples and Marco Island compared to the distribution of households throughout the county. As a result, the data was weighted based on the estimated distribution of housing Final Draft 32 r Agenda !tern No. 5E July 24, 2007 Page 90 of 169 units in Collier County to ensure responses represent the respective proportion of homes in the region. The following table shows the distribution of housing units 'In Collier County as reported by the 2000 US Census, which was used as tile basis for the weighting. Distribution of Housing Units in Collier County Housing Unit Community Distribution Bonita Springs 16.1% Chokoloskee 0.4% Goodland 0.2% Immokalee 3,5% Marco Island 10.3% Naples 11. 7% Other 57.8% TOTAL 100.0% Source: 2000 US Census Included as attachments are copies of the survey form, open-ended comments from the survey and summary tables of survey results. COLLIER COUNTY RESIDENTIAL CHARACTERISTICS This section evaluates the property type and ownership characteristics of properties in Collier County, The actual mix of unit types and local and out-at-area ownership, as determined from Property Appraiser records for Collier County (February 2006), are discussed and compared to the 2006 Homeowner survey responses. This sets a context from which the composition of existing units in Collier County can be understood. Property Type Based on July 2006 Property Appraiser records for Collier County, 52 percent of owned properties (excluding apartments) are condominiums, 43 percent are single-family homes, 2 percent are mobile homes and about 3 percent are other multHamily units (duplexes, triplexes and town homes). Final Draft 33 Agenda Item No. 5E July 24, 2007 Page 91 of 169 Figure 1 Owned Units by Type: Collier County (July 2006) Other multi-family 3% Condo 52% Single Family 43% Mobile Homes 2% Source: Properly Appraiser dalll for Collier County (July 2006); RRC AssDO,ates, Inc, Property Ownership Based on Property Appraiser records for Collier County, 67 percent of units in 1I1e County are owned by persons with a Collier County address (e,g., local owners). Aoout 54 percent of units owned by locals are single-family homes, 40 percent are condominiums, 3 percent are other types of multi-family properties and 2 percent own mobile homes, Aoout 33 pereent of residences are owned by persons with an out-ot-area address (e,g., non-local owners). A higher percentage of non-local owners own a condominium (77 percent) than local owners (40 percent). Further, about 19 percent 01 non-local owners own a single-family home, 3 percent own other types at multi- family properties and 1 percent own mobile homes. Residency of Owner by Property Type: Collier County 2006 Collier County Other area (local) (non-local) TOTAL units Type of Unit # 01 # % # % /0 Sin le-famil 59,432 54.3% 10,496 19.2% 69,928 42.6% Condominium 43,909 40.1% 42,059 76.9% 85,968 52.4% Other mutti- lami 3,437 3.1% 1,388 2.5% 4,825 2.9% Mobile Home 2,698 25% 764 1.4% 3,462 2.1% TOTAL 109,476 100% 54,707 100% 164,183 100% Source: Appraiser dallllor Collier Counly (July 2006); RRC Associates, Inc. Evaluated another way, we tlnd that out-ot-area persons own about one-half of the condominiums in Collier County (49 percent), compared to about 29 percent of other types of multi-family properties, 22 percent of mobile homes and only 15 percent of single-family homes, Final Draft 34 . Agenda liem No. 5E July 24, 2007 Page 92 of 169 Ownership of Units by Residency of Owner: Collier County 2006 Type of Unit Single-family Condominium Other multi- family Mobile Home TOTAL % Locally owned 85.0% 51.1% 71.2% 77.9% 66.7% % Owned by non- locals 15.0% 48,9% TOTAL 100% 100% 28.8% 22.1% 33.3% 100% 100% 100% Soorce: Appraiser data far Callier County (July 20(6); RRC Associates, Inc, Based on Property Appraiser records for Collier County, about 33 percent of units are owned by persons with a mailing address outside of Collier County, including about 4 percent of properties being owned by persons with addresses in otner areas of Fiorida. Ollhose residing in other states, the largest percentage of properties is owned by persons in Illinois (3.9 percent), followed by New York (3.2 percent), Massachusetts (2.8 percent), Michigan (2.8 percent), Ohio (2,8 percent), New Jersey (2.1 percent) and Pennsylvania (1.7 percent). Residency of Owner: Collier County (July 2006) Residency of # of % of Owner units units Collier County 109,476 66.8% Other Florida 6,305 3.8% Illinois 6,404 3.9% New York 5,287 3.2% Massachusetts 4,644 2,8% Michigan 4,596 2,8% Ohio 4,538 2.8% New Jersey 3,420 2.1 % Pennsylvania 2,786 1.7% Other 16,491 10.1% TOTAL 163,947 100% Sau",e: Appraiser data lor Callier County (July 2006); RRC Associales, Inc. Final Draft 3S ---~---_.~ Agenda Item !\Jo. 5t: July 24, 2007 Page 93 of 169 COLLIER COUNTY SURVEY RESULTS This section of the report presents the results ot the 2006 Homeowner survey. Important differences are apparent in the housing characterislics, owner demographics and operational characteristics of homes owned by full-time residents of Collier County and second homeownerslinvestment property owners, which are highlighted below. Respondent Occupancy Characteristics About 62 percent of respondents stated that they are full. time residents of Collier County. Full-time residents vacation out 01 the county for an average of 5.1 weeks per year, with 7 percent stating they vacation out of Collier County for 12 weeks or more each year. Table 1 illustrates the average number of weeks homes are used for a variety of purposes across a 52-week year. As shown: Units owned by Collier County locals are overwhelmingly used as a primary residence for the owner (net average 50.8 weeks per year). Units owned by second homeownerslinvestment property owners are mostly used as second homes for the owner (12.7 weeks per year), including 1.4 weeks in the summer, 7.8 weeks in the winter and 3.5 weeks in the spring and fall, on average. Primary residence tor owner was the second most popular use of the units (4.4 weeks per year). . Second homeownersflnvestment property owners are not very likely to rent their units either short- term to vacationers or long. term to locals, averaging about 1.5 and 1.6 weeks of use per year, respectively. Only about 10 percent ot second homeownerslinvestment property owners reported renting their units on a short-term basis to vacationers and 3 percent rent their units on a long. term basis to locals. No local owners reported renting their home to vacationers and less than one percent rent their homes long-term to locals. . Second homeowners/investment property owners indicated that their units were vacant an average of 31.4 weeks per year (or about 7 months), including about 1.42 weeks in the summer, 12.0 weeks in the spring and fall and 5.2 weeks in the winter. . No respondents reported using their residence for business/corporate functions (0.0 weeks per year). Final Draft 36 . Agenda Item No. 5E July 24, 2007 Page 94 of 169 Type of Use Primary residence Second home for owner Vacation rentai Long-term rental to local resident 0,6 0.2 Business/corporate function 0.0 0.0 Other use 0.0 0.0 Vacant- not used 11.2 1.0 TOTAL WEEKS 52.0 52.0 Source: 2006 Homeowner Survey; RRC Associates, Inc. Average Annual Weeks of Use of Home by Ownership of Unit' Second homeowners! investment property owners 4.4 12.7 1.5 OVERALL: ALL RESPONDENTS 35.3 4.3 0.6 Full-time resident Owners 50.8 0.0 00 1.6 0.0 0.3 31.4 52.0 Respondent Housing Characteristics This section summarizes selected housing characteristics among respondents to the survey. . Home sQuare footaQe (tota/); Single-family homes owned by full-time residents of Collier County (median of 3,699 sq. feet) are relatively similar in size to those owned by second homeowners/investment property owners (median of 3,600 sq. feet). The same is true of muiti- family units: multi-family units owned by fulHime residents of Collier County have a median square footage of 2,272, while those owned by second homeowners/investment property owners have a median of 1,933 square feet . Home tvoe: Among respondents, 57 percent of homes were single-family residences, 39 percent were condominiums or townhomes, 2 percent were mobile homes, 1 percent were duplexes and 1 percent were other types of units. Second homeowners/investment property owners are significantly more likely to own condominiums/townhomes (68 percent) than full-fime resident owners (22 percent). Fuii-time residents predominately own single-family homes (73 percent), compared to 30 percent of second homeDwnersflnvestmenl property owners. . Waterfront: About 47 percent of respondents stated their homes are waterfrDnt, including 57 percent of second homeownersflnvestment property owners and 41 percent of full-time residents. Multi-family units were more likely to be waterfront (56 percent) than single-family homes (41 percent). 'To clarify, the data on "average weeks of use" reflect net total weeks Df use across a range 01 use types, not for a single use type. For example, Iong.term rentals to local residents account lor a net annual average of 0.6 weeks 01 occupancy across all resoondent homes, including hDmes that are not used for long-term rentals at all. Pinal Draft 37 Agenda Jtem No. 5E July 24, 2007 Page 95 of 169 . Location: About 61 percent of respondents stated that their home is located within or nearest to Naples, 21 percent were within or nearest to Bonita Springs, 12 percent were within or nearest to Marco Island, 4 pereent within or nearest to Immokalee, 1 percent within or nearest 10 Chokoloskee and 1 percent in other areas. . Bedrooms / total rooms: Respondent homes averaged 3.0 bedrooms and 7.0 total rooms. Single- family homes owned by second homeownersflnvestment property owners had a similar number of bedrooms and total rooms on average (3.7 bedrooms, 8.1 total rooms) as those owned by full-time residents (3,5 bedrooms, 8.0 total rooms). Multi-family units owned by full-time residents of Collier County have the same number of bedrooms (both 2.6 average) and slightly more lotal rooms (6.0 average) than those owned by second homeowners/investment property owners (5.4 average) . . Lot size: Approximately 58 percent of second homeownersflnvestment property owners and 20 percent of full-time resident owners reported the size of their 101 is "not applicable" given Ihat they own a condominium or town home wnh no land, with little difference between full-lime resident owners and second homeowners/property investment owners, Size of Lot by Residency of Owner: Collier County 2006 Second homeowner! investment property owner TOTAL Full-time Resident owner Less than .5 acre .5 to 1 acre 1 to 5 acres TOTAL 59% 59% 59% 25% 24% 29% 16% 17% 12% 100% 100% 100% SoUrt.: 2006 Homeowner Survey; RRC AssoClales, Inc. . Multiple dwellinos on orooertv: About 7 percent of respondents said there was more than one separate, detached dwellingihome on their property (8 percent of full-time residents; 6 percent of second homeownersflnvestment property owners). . Home value: Respondents were asked to estimate their home vaiue, i.e. what their residence would sell for if sold today. The median estimate was $1 ,000,000, including $1 ,200,000 for single- family properties and $800,000 for mulli-family properties. Second homeownerslinvestment property owners with single-family properties estimated slightiy higher values for their units ($1,500,000 median) than full-time resident owners ($1,197,405). The same was true for multi- family unrts, with second homeowners/investment property owners estimating their properties as worth a median of $829.578 compared to full-time resident owners' median estimate of $698,130, Final Draft 38 . Agenda Item No. 5E July 24, 2007 Page 96 of 169 Median Estimated Current Sale Price of Homes; Second Homeowners/lnvestment Property Owners and Full-Time Residents Second homeowner! Investment property owner Full-time resident Single- family Mutti-family $1,500,000 $829,578 TOTAL $1,200,0 $1,197,405 00 $698,130 $800,000 $1,000,0 00 Total $965,080 $1,000,000 Source: 2.006 Homeowner Survey; RRC Associates, Inc. . Year of construction: The median estimated year of construction of respondent homes was 1993. Twenty-eight percent of respondents said their home was built in 2000 or later, 37 percent said their home was built In the 1990s, 20 percent in ll1e 1980s, 9 percent in l11e 1970s, 4 percent in the 1960s ard 2 percent prior to 1960. A higher percentage of second full-time resident owners indicated that their residence was built after 2000 (31 percent) than second property/income property owners (23 percent). . Year of ourchase: The median year of purchase was 1999 or, stated another way, the median length of ownership among respondents is 7 years. A larger percentage oj second homeownersflnvestment property owners purchased their home in the year 2005 or more recently (15 percent) than local resident owners (5 percent). A similar percenlage of both lypes ot owners purchased tl1eir homes between 2000 and 2004 (38 to 40 percent). . Remodelinq activity: About 27 percent of respondents said they had etther recently remodeled their home (20 percent) or had plans to remodel in the future (7 percent). Among those who had remodeled recently, the mediar year of remodel was 2005 with owners spending or expecting to spend a median of $32,284 on remodeling. . Second homeownersflnvestment properly owners were similarly as likely to have recently remocl€led thei r properties (22 percent) as full-time resident owners (18 percent). Second homeowners/investment properly owners have or expect 10 spend more remodeling their single-family homes ($93,231 median) than full-time resident owners ($30,000 median). Secood homeownersflnvestment properly owners also have or expect to spend more remodeling their multi-family units ($50,000 median) than full-time residents ($23,825). Median Amount Spent on Remodeling: By Type of Owner Second homeowner! Full-time investment property resident owner owner TOTAL Single- family Multi-family Total $93,231 $30,000 $30,000 $50,000 $23,825 $41,967 $50,492 $30,000 $32,284 2006 Homeowner SUIVey; RRC AsSOCiates, Inc. Source: Final Draft 39 ~---- Agenda Item No. 5E July 24, 2007 Page 97 of 169 . Intended Future Use: Second homeownerslinvestment property owners were asked to indicate their intended future use of their residence in Collier County. About 47 percent stated they intend to increase their personal use of the property in the future, with 45 percent expecting to maintain their current personal use, 12 percent expecting to increase the use by friends and family and only 1 percent expecting to decrease their personal use. About 8 percent expect to use their unit as a vacation rental and 1 percent as a tull-time rental unit. About 17 percent indicated they intend to retire to their residence in Collier County and 4 percent expect to become a full-time resident and work in the area. Of those intending to retire to Collier County, 35 percent expect to retire within 2 years, 45 percent within 4 years, 71 percent within 5 years and 95 percent within 10 years. Finally, 11 percent of second homeownerslinvestment property owners intend to sell their properties in the future, with 47 percent expecting to put their unit on the market within one year. Intended Future Use of Residence: Second HomeownersJInvestment Property Owners Selllhe Residence Increase my personal use I'Jr.aintain current parsoMI use Retire to the area and use as retirement residence Increase use by friends and family Use as a vacalionlsoort term rental unit Become a full-time resident and work in the area Use as a tulHime rental un!! 1% I , , Decrease currenl personal use 1 % ' 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Percent of Second Homeowners/Property In""stors Source: 2006 Homeowner Survey, RRC Associales, ir<:. Respondent Population Characteristics This section summarizes selected population and household characteristics of respondents to the survey. . MaritaJlfamilv status: The largest percentage of second homeownerSlinvestment property owners was empty nesters with children no longer at home (46 percent), followed by couples with no children (33 percent), households with children (13 percent), single persons with no children (6 Final Draft 40 . Agenda :tem No. 5E July 24, 200? Page 98 of 169 percent) and "other" (2 percent). About 39 percent of full-time resident owners were couples with no children, followed by empty nesters (21 percent), households with children (21 percent), single persons with no children (14 percent) and "other" (5 percent). . MP.: Second homeowners/investment property owners were more likely than lull-lime resident owners to be between the ages 0160 and 75 (52 percent versus 38 percen~ respectively), Ful~ time resident oWllers were both slightly more likely to be under the age of 50 (18 percent) and over the age of 74 (24 percent) than second homeowners/full-time resident owners (12 percent under 50 and 14 percent over 74), Both owner types are about equally as likely to be between the ages of 50 and 60 (20 to 22 percent). Final Draft 41 ----~ --- ,A.genda Item No. 5E Juiy 24, 2007 Page 99 of 169 Household Status: Second HomeownersJInvestment Property Owners vs. Full-Time Resident Owners HOUSEHOLOSTATUS ~ Emply nester, chitin!! no 100gB/' at home ] Couple, nochildreli ~ ~~ ~ ~'.;f<.~-,.,::: 46% Single,noch\!dmn 39% Household with children II heme I'" Oth" AGE OF RESPONOENT 25t029 1m Second homeovmerl Investment property owner i. Full-time residen.l owner 301039 40 to 49 501059 6~lo69 701074 :;4% 5% 10% 150~ 200... 25~,;, 30% 35% 40",,;, 45% 5D% Percent of Responodents Source' 2006 Homeowner Survey: RRC Associales, Inc, . Persons in household: The average household size was 2.2 persons, which was similar for both second homeowners/investment property owners (2.1 persons) and full-time resident owners (2.3 persons). A similar percentage of local resident owners and second homeowners/property investment owners have children under the age of 18 (18 percent and 15 percent, respectively), for an average of about 0.3 children per hovsehold, · Persons occupvina house (when in residence): Second homeowners/investment property owners show higher usage among spouse/partner friends and relatives/other family members than full-time resident owners. Among second homeownel'Sllnvestment property owners, the most COOlmon occupants include a spouse/partner (90 percent), followed by relatives/other family members (24 percent), children (23 percent), friends at (14 percent) and business associates (2 percent), Among full-time resident owners, the most common "typical occupants" include the spouse/partner (76 percent), followed by children (21 percent), other relatives (9 percent) and friends (2 percent). . Household income: The median yearty househoid inCOOle of respondents was about $138,470. Full-time resident owners reported a substantially lower median household income ($100,000) than second homeownersflnvestment property owners ($200,000). About 32 percent of full-lime resident owners reported having incomes below $75,000 per year versus only 12 percent of second homeownersJinvestment property owners, Second homeownerslinvestment property owners were much more likely to have incomes above $300,000 per year (35 percent) than full- time resident owners (13 percent). Final Draft 42 . Agenda Item No. 5E July 24. 2007 Page 100 of 169 Characteristics uf Home Operations and Upkeep This section of the report summarizes data pertaining to selected aspects of home operations and upkeep, including the types of providers used by responllents and the services and costs associated with each type of provider. . Summary of providers utilized for home ooerations and upkeeo: The below figure summarizes the proportion of respondents who utilize each of several service providers for the operation and upkeep of their Collier County residence by residency of owner, As shown, a higher percentage 01 second homeowners/investment property owners than lull-lime resident owners belong to a homeowner's association (78 percent vs, 52 percent), use a property management company (31 percent vs. 9 percent) and employ an on-s~e caretaker (30 percent vs. 9 percent), Local resident owners are more likely than second homeownersflnvestment property owners to hire 'other local service' firms (43 percent vs. 33 percent) and each type of owner is about equally as likely to hire employees direc~y (15 to 17 percent). Respondents Utilizing Identified Service Providers for Home Operations and Upkeep: Second Homeowners/lnveslment Property Owners Vs. Full-Time Resident Owners Homeowners Association , , , , , 30% I ' .. : 111I Second homeownerl lovestme"t property owner . Fu".lime resident other local seNice finns Property Ma"a\/3menl Company Orrsite caretaker Hire employees directly oak 10% 20% 3O"k 4Ci'% Scrak 6(f'!o 70% 800k 9ifk Percenl 01 Respondents Soufte: 2006 Homeowner SUNey; RRC Associales, Inc. . Use, cost and services provided bv homeowners associations (HOAsl: About 62 percent of all respondents indicated that they belong to a homeowners association, with higher membership among second homeownersflnvestment property owners (78 percent) than full-time resident owners (52 percent). This difference is largely due to the fact that full-lime resident owners are more likely to own single-family homes than second homeownerslinvestment property owners. Only 47 percent of single-family residence owners reported belonging to an HOA versus 84 percent of multi-family unit owners. Final Draft 43 Agenda Item No. 5E July 24, 2007 Page ',01 of 169 Among those belonging to an HOA, the median annual dues were about $4,000 (average $5,958), Dues are significantly higher for second homeownerflnveslment property owners (median $4,846, average $6,737) than full-time resident owners (median $3,200, average $5,295). Dues are also significantly higher for multi-family properties (median $5,000, average $7,961) than single-family properties (median $2,651, average $3,623 average), Annual HOA Dues 2006 Mean Median $5,958 $4,000 $5,295 $3,200 TOTAL Full-time resident owner Second homeowner! investment property owner $6,737 $4,846 Single-family $3,623 $2,651 Multi-family $7,961 $5,000 Sour"', 2006 Homeowner Survey; RRC Associates. Inc. Among those belonging to an HOA, the most common services provided by the HOA are operation and maintenance of community amenities (75 percent), lawrv1andscape maintenance (72 percent), security (62 percent), trash removal (61 percent), swimming pool maintenance (59 percent), building maintenance (53 percent) and pest control (52 percent). Other services provided by HaAs include cable television (42 percent), insurance (26 percent), cleaning (21 percent) and rental management (4 percent). About 3 percent of respondents reported HOA's provide "other" servIces. . Use. cost and services provided by property manaaement companies (PMCs): About 17 percent of respondents said that they hire a property management company for the upkeep and operations of their property, with a large difterence in usage between full-time resident owners (9 percent) and second homeownerSlinvestment property owners (31 percent). Among those who hire a PMC, the median amount spent annually is $2,086 (average $2,954). Services provided by PMCs to respondent homes include swimming pool and lawn/landscape maintenance (both 50 percent), building maintenance (49 percent), pest control (48 percent), security (44 percent), trash removal (35 percent), cleaning (34 percent), cable television (29 percent), insurance (26 percent) and rental management (24 percent). . Use, cost and services provided by caretakers: Seventeen percent of respondents said that they have an on.site caretaker(s), including 9 percent of full-time Collier County resident owners and 30 percent of second homeownerSlinvestment property owners. Among those who use an on. site caretaker, the median amount spent annually is $1 ,000 (average $4,986). Services provided by caretakers include cleaning (57 percent), swimming pool maintenance (41 percent), lawnAandscape maintenance and pest eontrol (both 40 percent), building maintenance (29 percent), security (23 percent), trash removal (16 percent). insurance (16 percent), rental management (14 percent) and cable lelevis/on (8 percent). Final Draft 44 r Agenda Item No. 5E July 24.2007 Page 102 of 169 . Use, cost and services provided bv other local service ffnns: About 40 percent of respondents said that they contract wilt1 other local service finns, with full-time resident owners being more likely to contract with oltler local service finns (43 percent) than second homeownersfrnvestment property owners (33 percent). Among those who contract with other local service finns, the median amount spent annually is $4.522 (average $6,479). Among respondents who contract with other local service finns, the most common types of services hired include pest control (81 percent), lawnframlscape maintenance (74 percent), swimming pool maintenance (70 percent), cleaning (59 percent), security (41 percent), building maintenance (28 percent) and personal trainer (11 percent). Fewer than 5 percent of respondents reported using each of the following services: kitchen help/chef/catering (4 percent), childcare provider/nanny (2 percent) and personal assistant (1 percent). Five percent responded that they contracted out for "other services." Services Used By Respondents that Contract With "Other Local Service Firms" Kitchen help! chefl catering Child care provider! nanny Personal assistant Other services Pest control Lawn/landscape maintenance Swimming pool maintenanoo Cleaning Security Buiiding maintenance (interior or exterior) Personal lrainer 00,'0 10% 20'% 30% 40% 50% 60% 700/0 80% 90% Percent of Respondents Source: 2006 Homeowner Survey; RRG Associates, Inc. . Use, cost and services orovided by directly hired employees: Approximately 16 percent of respondents said they hire employees directly, other than caretakers or other service providers noted previously, with second homeowners/inve.stment property owners being similarly likely (17 percent) to hire employees directly as full-lime resident owners (15 percent). Among those who hire employees directly, the median amount spent per year was $2,694 (average $4,547). The most common service hired for is cleaning (71 percent), followed by swimming pool maintenance (53 percent), pest control and lawn/landscape maintenance (both 48 percent), security (41 percent) and building mainter\8nce (32 percent). Six percent or fewer respondents Final Draft 4S .A.qenda item No. 5E - July 24.2007 Page 103 of 169 that hire employees directly reported hiring tor personal trainer and kitchen help/chet/cateling (both 6 percent) and personal assistant and childcare provider/nanny (both 2 percent). Eight percent reported hiring employees directly for "other services." Services Used By Respondents that "Hire Employees Directly" Kitchen help! chef! catering Personal assistant Child care providerl nanny Other Services 71% Cleaning Swimming pool maintenance Pesl control Lawn/landscape maintenance Secunty Building maintenance (intenor or exterior) Personal trainer 0% 10% 20% 30% 400/0 50% Soo/D 70% 800/0 Percent of Respondents Source: 2006 Homeowner SUlVey; RRC Associates, Inc. . Where owners contract for home purchase. finance and insurance services; Second homeowners/ investment property owners were asked to indicate where they cortracled for home insurance, home mortgage/lending, legal service for property (including the purchase of the property) and realtor/sales services. Results indicate that non-local owners predominately use local Collier County services for their home purchase and insurance needs, with 93 percent using local realtor/sales services, 91 percent using local iegal services, 81 percent using locai home insurance services and 74 percent using local home mortgagellending services. Where Did You Contract for Home Purchase, Finance and Insurance Services: Second Homeowners/Investment Property Owners (2006) Realtor/sales Legal Home Home serv Ices services insurance mortgage/lending Naples 75% 71% 64% 63% Marco Island 15% 17% 11% 9% Other Collier County 3% 2% 6% 3% Other Florida 3% 3% 6% 50' 10 Other State 5% 6% 12% 22% Other Country Source: 2006 Homeowner Survey; RRe Associates, Inc, final Draft 46 . Agenda Item No. 5E July 24, 2007 Page 104 of 169 Employment, Home Size and Occupancy Relationships The Collier County homeowner survey gathered information on the employment associatEld with the operations and mainlenance of residential units in Collier County. The Residential Study probed four primary categories of employees which are hired 10 assist in the operation and maintenance of residential units. They inciude: . Direct hires by homeowners: . Hires by property management firms retained by homeowners to operate and maintain residentiai properties; . Hires by homeowners associations responsible for operating and maintaining residential properties; and . Other contracted services. For each type of home service the owner uses (homeowners associations, property management companies, independent contractors, on-site caretakers and other directly hirEld employees), owners were asked to report how much they spend per year on each service and, if known, approximately how many hours employees spent serving their home each year. Annual spending amounts were converted into direct FTE (full-time equivalent) employment" using a combination of wage data and assumptions regarding non- labor costs. Wage data was basEld on annualized wage rates for Collier County for specified industry sectors, as extrapolated from 2005 Quarterly Census of Employment and Wages (QCEW) data from the Bureau of Labor Statistics. Specific assumptions for individual service providers are as follows: Homeowners associations: We assumed a conversion ratio of $128,439 in homeowners' dues per direct job. This is based on an assumption of a $30,060 average wage for HOA employees (C~lier County inflation adjusted 2005 QCEW data - NAICS code 813990) and an assumpfion that 23 percent of HOA costs are used for wages (based on the ratio of wages paid to revenue received tor HOA's from the 2002 Economic Census for the state of Florida). Prolleltv manaoement firms: We assumed a conversion ratio of $73,367 in property management fees per direct job. This is based on an assumption of a $27,015 average wage for residential property management employees (Collier County inflation adjusted 2005 QCEW data - NAICS code 531311) and an assumption that 37 percent of property management costs are used for wages (based on the ratio of wages paid 10 revenue received for property management companies from the 2002 Economic Census for Collier County). Other contracted services: We assumed a conversion ratio of $73,051 in contracted service fees per direct job. This is basEld on an assumption of a $25,166 average wage for buildings & dwellings services employees (Collier County inflation adjusted 2005 QCEW data - NAICS codes 5616 & 5617) and an assumption thaI 34 percent of service costs are used for wages (based on l!1e ratio of wages paid to revenue received for contracted services from the 2002 Economic Census for Collier County). Direct emll/ovees and caretakers: We assumed a conversion ratio of $28,841 in employment costs per direct job. This is based on the average wage paid by these industries in Collier County as reported by the 2005 QCEW data {NAICS code 814110} and adjusted for infiation. 'FfE employees represent the number of workers that would typically be employed 10 complete the service, based on existing employmenl patlerns in the respective industries, whK:h presumably inciudes a blended hybrid of fun-time and part-lime employees. Final Draft 47 Agenda Item No. 5E July 24. 2007 Page 105 of 169 COLLIER COUNTY HOMEOWNER SURVEY If you own more than one residence in Collier County, please respond to this entire survey based on the improved residence that has the mllhest valuation according to the County Properly Appraiser. ABOUT YOUR RESIDENCE 1. Which of these categories best describes the type of residence you own in Collier County? (CHECK ONE ONL V) 1) [] Single-family house 2) [J Mobiil! home 3) [] Duplex 4) [] Condo or townhome in a complex with 20 or fewer units 5) [] Condo or town home in a complex with more than 20 units 6) [I Fractional ownershipfflmeshare - How many weeks per vear do you have access to your home? weeks 7) [] Other-please specify: 2. Is your property in Collier County located in or nearest to: (CHECK ONE ONLY) 1) [1 Bonita Springs 5) [ ] lmmokalee 2) [J Chokoloskee 6) [ ] Marco Island 3) [J Everglades City 7) [ ] Naples 4) [J Goodland 8) { 1 Other 3. Is your property in Collier County located in an incorporated city/town or an unincorporated part of the county (CHECK ONE ONL V): [J Incorporated city/town [] Unincorporated county 4. How many weeks during each season Is your home In Collier County used as: Summer Winter Spring/Fall June - Sept Dee - Mar Apr, May, Oct, Nov 117 weeks) (17 Weeks) (18 weekS} Primary residence for owner Second home for owner Vacation rental to olhers Lona-term rental to local resident Business/comarate function Vacant-not used Other: . Total 17 weeks 17 weeks 18 weeks Final Draft 48 . Agenda Item No. 5E July 24, 2007 Page 106 of 169 MAINTENANCE / UPKEEP / EMPLOYEES 5. Who takes care of rental management 01 your property? 1 ) [J No one-it is not rented to others 2) [J Myselfl1amily members 5) {] On-site caretaker/employees 4) [] Homeowners association 5) [} Property management company 6) [] Other(s)-please specify: THE FOLLOWING SECTIONS ASK WHAT TYPES OF ORGANIZA nONS AND SERVICE PROVIDERS PARTICIPATE IN THE UPKEEP OF YOUR PROPERTY. PLEASE COMPLETE ALL THAT APPLY: 6. Doyou: (MARK ALL THAT APPLY) 1) [] Use or belong to a homeowners association 2) I] Hire a property management company 3) [J Hire an OI1-slte caretaker 4) [] None ot the above (GO TO a. 10) 7. Approximately how much do you spend each year on the following? (RESPOND FOR ALL THAT APPLY) Homeowners Associallon Dues S Property Mgt. Co, $ per year per year (II you pay a percentage of the rental income generated by your property, please indicate the dollar amounllo which this equales.) On-Site Caretaker $ per year 8. What services does your homeowners association, properlY mana~ement coml>anv or on-slle caretaker provide? (CHECK ALL THAT APPLY) Homeowners Property Association Mg!. Co. ~~ng o Security 2) _ l~~~~~"~i~iL~-e~;~i_,:. ___ o Operation and maintenance of community amenihes (e.g, clubhouse, 4) swimming pool, Jacuzzi, tennis courts, etc.) [ ] [J [J ~Dll~" o Lawnllandscape maintenance [ ] Not Applicabie Final Draft 49 Agenda Item No. 5E July 24, 2007 Page 107 of 169 [ ) [ ) [ I " . 1 Other- please specify: 2) [ J [ ] [ J 9. If you know the approximate number of hours the property management company or on-s"e caretaker spends serving your home each year, please Indicate below: Property Mgt. Co. number of hours per year OR [] Don't know - it are r umber hours r R D 't know 10. Do you contract w"h OTIlER LOCAL SERVICE FIRMS or HIRE OTHER EMPLOYEES DIRECTLY? (Other than homeowners associations, property management ffrms and caretakers covered in questions 7 throlJgh 11, above) 1) [] Yes, contract with other local service firms 2) II Yes, hire other employees directly 3) I J No(GOTOQ.12) 11. Which of the following services do other local service firms or directlv hired emplovees provide lor you? Approximately how much do you spend on each service per year? And, if aware, approximately how many total hours of service are provided to your home per year? (COMPLETE ALL THAT APPLY) SERVICES PROVIDED by local service linns and/or direcUy hired employees (Check all that apply) DOLLARS YOU SPEND PER YEAR (local service firms and directly hired employees combined) LABOR HOURS PER YEAR (local service firms and directly 'hlred employees combined) 12. (IF NOT A FULL-TIME RESIDENT) Where did you contract for services related to purchasing, Unancing and insurin our Collier County residence? Home Insurance Home Mortgage! Lending Legal services lor propertyl purchase of to erty Realtor! Sales re resentative Final Draft so , AQenda Item No. 5E - July 24, 2007 Page 108 of 169 ADDITIONAL INFORMA TlON (For statistical grouping purposes only-all data are strictly confidential) 13. Is your residence in Collier County considered waterfront (beach, rlver,lake, canal or other)? (Remember, if you own more than one residence in Collier County, please respond for the residence that has the highest valuation.) l] Yes [] No 14. Please indicate tile approximate square footage of the interior living space of your residence, including both air-conditioned (or finished) and non air-conditioned (or unfinished) space: AIR-CONDITIONED NOT AIR-CONDITIONED TOTAL SQ. FT. (primary living space, (excluding garage and finished interior space) exteriorfunenclosed porch space) DO,ODDI + OO,DDDI = OO,ODDI 15. How many bedrooms does your residence in Collier County have? betirooms How many total rooms does your residence have (excluding bathrooms)? total rooms 16. Is there mora than one separate, detached dwelling unit or home located on your property? [] Yes-How many In total? [J No 17. Which of the following best describes the siZe of you riot? 1 ) [J Less than 1i acre 2) [1 1i to 1 acre 3) [) 1 10 5 acres 4) [] More than 5 acres--# of acres: 5) [] \2 101 acre 6) [j Not applicable (condollownhome) 18. What is the current value of your Collier County residence (i.e., the price you think it would sell for today)? $ Fi nal Draft 51 ~_.,._~--- u___ -.-- ,Llgenda Item No. 5E July 24. 2007 Page 109 of 169 19. In what year was your residence built? year 20. In what year did you purchase your Collier County residence? year 21. Have you remodeled your home within the paSI three years or do you plan on renovating/remodeling your residence in the next three years? {] Yes, remodeled recently-What year? [J Yes, have plans to remodel-What year? __ [] No 22. (IF YES ON REMODELING) Approximately how much did youlwill you spend on remodeling? $ ABOUT VOUIYOUR HOUSEHOLD 23. Do you consider yourself a full-time resident of Collier County? [] No [] Yes - Approximately how many weeks per year do you vacation OUTSIDE Collier County? weeks per year 24. (IF NOT A FULL. TIME RESIDENT) Which of the following sta1ements most accurately reflects your intended Mure use of your residence? (CHECK ALL THAT APPLV) 01) [J Increase my personal use 02) [J Maintain current personal use 03) [J Decrease current personal use 04) (1 Increase use by friends and tamily 05) [I Sell the residence Within months OR _ years 06) [] Retire 10 the area and use as retirement residence within months OR _ years 07) [] Become a full-time resident end work in the area 08) [I Use as a vacationJshorHerm rental unit 09) ! 1 Use as a full-time rental unit 10) [l Other 25. What is your household status? 1) [J Single, no children 2) [] Couple, no children 3) [ ] Household with children at home 4) [ ] Other: 5) [] Empty nester, children no longer a.t home 26. Including yourself, how many people live in your household? (CIRCLE ONE) 1 2 3 4 5+ Final Draft 52 . Hem hlO, ::.;:: 24,2D07 PagE. '10 of 16r~ 27. How many of those persons in your household are under 18 years old? (CIRCLE ONE) o 1 2 3 4+ 28. Who typically occupies your home with you when you are in residence? (CHECK ALL THA T APPL Y) 1) [) Self only 5) [] Friends 2) [) Spouse/partner 6) [] Business associates 3) [J Children 7) [] Other: 4) [] Relative/other family members 29. What is your age? I] Under25 [] 40 to 44 [] 25 to 29 [] 45 to 49 [] 301034 [] 501054 I] 35t039 [] 551059 [ ) 601064 [) 651069 [) 701074 [) 75 or older 30. What is your approximate annual household income before taxes? (This question is necessary for statistical purposes. 8e assured thai/his swvey is completely confidential.) $ (approximate annual income) Do you have any comments about local housing, employment or resident service issues in Collier County? Open-Ended Comments--collier County Homeowner Survey General or Written-In Comments . Bflttflr public transporlation, less congestion, greater access . Code enforcement is corrupt! Greatly raises housing costs, was okay eight years ago · Collier County is a pain- they are always changing the laws and permits way too often! . Collier County needs to address the affordable housing problem · Collier County needs to build more aparlment type developments for people who can onfy afford to rent · Condo lee is way too high for what we get · Cost of housing is extremely expensive · Crowded roads and highways, good beach maintenance · Delre/opers get away with murderl They promise affordable housing then raise the price to mid-level once it is built' Where are our teachers and others supposed to live? Make developers keep their promises. · Enough already with the developments! Forget something- like roads? · Expensive . Expensive ~ Finish the roads! Final Draft S3 . Grass needs to be cut on vacant lots and unoccupied homes . Great county to live in! . Greed has driven prices way over the actual values. Bigger is not necessarily better. · High taxes on non-residents . Hold down the increase in property taxes if you can, it's getting tough . Home pricing is about $100,000 over value, there is no opportunity for employment for a highly educated technicai person in this area within 250 miies · Hope home values don't go down · Houses too big for Jots · Housing costs not equal to sala!}' status, thus driving growing and younger professionals away! · Housing is over valued · How are you going to keep workers? · I wish I didn~ have the teeling that the Collier County government hates my complex · If guest houses in Golden Gate estates could be legally rented it would relieve the low cost housing problem somewhat · Impact fees and property taxes are extremely high! · Improve roads - faster! · In need of affordable housing . Include some affordable housing in any new communities from now on . It is a great placel · It is important to maintain adequate affordable living in Collier County · It is unfair for those who pay real estate taxes at a higher rate not to have any benefits of the 3 % increase. · It needs more affordable housing for workers · It's just too expensive to live here . Lack of affordable housing for young working couples · Lack of affordable insurance Comments (written in - CONTINUED) · Local housing is a major crisis- employees are hard to find because they can~ afford to live in Collier County · Local real estate taxes are too high making us believe we cannot stay in Florida · Must increase roads from Everglades Blvd to West; critical to open the Everglade/I-75 intersection ASAP- it is also a safety issue · Naples area leads the nation in overpriced property values! · Need 24 hour medical center on Marco · Need affordable housing · Need aflordable housing and lower insurance . Need affordable rental housing . Need better roads! Need more roads! Need more green space and restrictions on Final Draft Agenda Item No. 5E July 24, 2007 Page 111 of 169 S4 y Agenda Item No. 5E July 24. 2007 Page 112 of 169 building . Need less golf courses and more affordable housing . Need low cost housing, lower taxes, lower homeowners insurance . Need more affordable housing for service personnel and middle income professionals . Need more affordable services for staff, teachers, law enforcement, firefighters, etc.- critical issue! . Need more!better low income housing · Need public housing . Not enough affordable housing . Not enough affordable housing for people trying to make a living . Part ume residents should be able to easily obtain free parking at beaches . Prices too high, insurance too high . Property tax is unfair for non-residents- we pay more and receive less than permanent residents . Property taxes too high- they were actually cheaper in California . Real esla fe taxes are too high . Real estate taxes could cause me to sell . Require affordable housing near Naples . Roads are terrible- takes 1.5 hours to drive 15 miles · State and county governments need to make more affordable housing available for working middle class- teachers, etc. Tighten controls on employers hiring illegal residents . Stop building! This has become "Paradise Lost'. 3 Wa/-Mart's within 15 minutes of each other?? Our waters are polluted and over crowded, wildlife left homeless · Tax increases are becoming an issue. What is Collier County doing with all the revenue? · Taxes a re forcing us out . Taxes are ridiculous · Taxes are too high · Taxes are too high · Taxes have gone up, prices all going down . Taxes too high- could cause us to relocate · Taxes too high, insurance too high · There should be moderate housing for all Naples support staff. teachers, police, etc. · Too many non.English speaking people work on this island · Too much growth! Too much construction, too many golf courses · Too much re-zoning! We don~ need another supermarket or strip mall! · Traffic is an issue · Trailer site · Urgent need for affordable housing Comments (general or written in - CONTINUED) · Very difficult to find employees · Vigilant code enforcement, multiple families living in single family homes, run down condition of rental properties Final Draft ss Agenda Item No. 5E July 24,2007 Page 113 of 169 · We are under whelmed by the septic tank replacement program · We do have a concern about the Jack of affordable housing. We need to take care of the working class, teachers, young families, etc. . We love living here! · We love living in Florida . We need affordable housing · We need affordable housing, we need Naples Bay cleaned · We need more affordable housing · We really don 1 need trash pick-up twice a week · We would love to see good bike paths developed off road for safety. The drivers in Naples are dangerous · Would like to see a dog par/( · Yes- stop the growth now! · You need much more a ffordable housing! Final Draft S6 . Agenda Item No. 5E July 24, 2007 Page 114 of 169 1. Other residence type · Cooperative . T ripiex 2. Other property location · Golden Gate 5. Other use of home . Family and friends . Second home on weekends . Weekend throllgh the year for owner · Family . Timeshare weeks . Personal lIse · Charity use 4. Other use of home . <none> 8. Other services provided by HOA . Canal cleanup, public landscape improvement · Clean streets · Gate hOllse . Green areas * Inspect twice monthly . Landscape golf community * Maintain beach park . Maintain entrance to village · Manned gate . Water 11. Other local services hired * Appliance service contract * Housekeeper · Landscape fertilizing · Pond maintenance * Sprinklers 12. Where did you contract insurance, mortgage, legal and real estate services (other)? . Insurance, mortgage-New York * Insurance-Ft. Meyers (2) · Insurance-Texas · Insurance- Virginia (2) Final Draft 57 · Mortgage-Illinois · Mortgage-Michigan 24. Intended future use (other)? · <none> 25. Household status (other)? · Couple, child in college · Mother and family . Single with one child . Single with shared custody . Widow (3) 28. Who occupies your home when In residence (other)? · <none> Final Draft . Agenda Item No. 5E July 24, 2007 Page 115 of 169 58 Agenda Item No. 5E July 24, 2007 Page 116 of 169 Appendix B, Collier County Employer Survey COlliER COUNTY EMPLOYER SURVEY 2006 Introduction and Methodology The primary purpose of Collier County Employer Survey was to gather data on the employment associated with the operations and maintenance of different businesses in Collier County. The survey also gathered extensive data about employer and workforce patterns and needs, including year round and seasonal employment patterns, unfilled jobs and reasons for vacancies, expected future employment plans and where employees live (to understand commute pattems). Current issues including the availability of workforce housing, transportation and day care were also probed with respect to their impact on employee recrnitment and retention, as well as to understand to what extent employers are currently providing housing and commute assistance to their employees. Collier County is interested in understanding the link between commercial activities and job generation and the impact that the need for workforce housing has on businesses in Collier County. The survey, conducted in August 2006 and adminislerw by RRC Associates, was mailed to a sample of 1,000 businesses in Collier County utilizing the most recently available September 2005 Quarterly Census of Employment and Wages (QCEW) employer address files', The 50 largest employers in the county were contacted by phone before receiving a survey to encourage participation. The remaining 950 businesses were randomly selected to ensure a representative distribution of business types and sizes were reached. A total of 170 surveys were returned, for an average response rate of about 17 percent The retumed surveys provided a good mix of business types in the county, as shown in the following table. Table 1. Employer Snrvey Responses by Type of Business Type of Business Returned surveys 5 Acquired from the state of Florida with the assistance of Collier County. OCEW data is compiled by the Bureau of labor Statistics. OCEW reported a total of 11.955 businesses in Collier County - the survey was mailed 10 about 8 percent of these businesses. Final Draft S9 .A.genda Item ND. 5E July 24,2007 Page 117 Df 169 PrDfessiDnal services (legal, medical, technical, etc.) Construc1ion Personallcommercial services (massage, hair care, etc.) Real estate/Properly Management Manufacturing or wholesale trade Bar/Restaurant Recreation/Entertainment Retail sales (grocery, sporting goods, etc.) Government, transportalior, public utilities LDdging/HDtel FinancelBanking Education Other TOTAL 22.5% 19.5% 13.0% 7.1% 7.1% 6.5% 6.5% 6.5% 4.7% 1.8% 1.2% 0.6% 3.0% 169 Source: 2006 Collier County Employer Survey Included as attachments are cDpies of the survey fonn and open-ended comments [Tom the survey. Collier County Employment This section provides and overview of estimated jobs and labor force in Collier County. This is used to set a context toward which survey responses and percentages can be applied to understand estimated numerical impacts on the community in terms of either jobs or labor force effects (e.g., how many workers commute into Collier County for employment, etc.). Number of Jobs and Labor Force Estimates from the Bureau of ECDnomic Analysis (BEA) for the number of jobs in Collier County and the number of workers filling those jobs (from Local Area Unemployment Statistics (LAUS) data) are shown in the following table. The BEA reponed the number of jobs tluuugh 2004 and the number of workers (LAUS) through 2005. Based on these figures, it is estimated that there were about 184,751 workers filling approximately 144,344 jobs in Collier County in 2005. This results in an average of about 1.28 jobs per worker in Collier County. Table 2 _ Job and Labor Force Estimates: Collier County and Collier County, 2002 to 2005 2002 2.003 2.004 2005 Final Draft 60 . Agenda Item No. 5E July 24, 2007 Page 118 of 169 Collier County oobs. SEA) 161,197 166,867 173,617 184,7516 Collier County (labor force -LAUS) 128,446 132,541 138,036 144,344 Mu~iple job holding rate 1.25 1.26 1.26 1.28 Source: Bureau 01 Economic Analysis; Quarterly Census of Employment and Wages; RRC Associates, Inc. Type of Employment The Quarterly Census of Employment and Wages (QCEW) was used to estimate the percentage of businesses and jobs in Collier County by industry as of Decell1ber of 2005.' It should be noted that the QCEW data does not include workers covered by unemployment insurance and, therefore, does not generally include self proprietors and many agricultural laborers; however the data is useful to understand general local trends in employment. As indicated in the following tables, the largest percentage of businesses in Collier County are in professional services (19.1 percent), construction (16.7 percent) and retail sales (12.5 percent) industries, followed by real estate, rental and leasing (9.3 percent), other services (9.1 percent) and utilities. administrative support and waste management and remediation services (7.8 percent). The largest percentage of employment is in construction (15.8 percent) and retail sales and professional services (14.3 percent each), followed by food services (8.2 percent) and utilities, administrative support and waste management and remediation services (6.7 perccnt). Businesses comprising a larger percentage of total employment in Collier County than total businesses in the county include: retail; food services; art', entertainment and recreation; educational services, government/public administration, accommodations and "other" industries (including agriculture, mining, information and non-classified industries). NAles relerence numbers Table 3. Businesses and Jobs by Type of Industry: Collier County, December 2005 54.55,62 23 44,45 53 Type 01 Business Protessional Services (inc!. legal, health care. social assistance, company management. etc) Construction Retail Sales (grocery, sporting goods, etc.) Real Estate and Rental and Leasing % 01 Businesses % 01 Jobs 19.1% 14.3% 16.r/D 15.8% 12.5% 9,3% 14.3% 2.7% 60CEW reported a total of 121,224 jobs In Collier County in 2004 - this is about 69.8 percent of the total number ot jobs estimated by the SEA in 2004 (173,617). This is because QCEW data does not include sole proprietors or jobs exempt from mandatory unemployment insuranCB (agricultural laborers, etc.). Final SEA estimates of jobs include adjustments lor these omissions. To estimate total 2005 jobs, it was assumed QCEW reported jobs in 2005 (128,998 jobs) comprised the same percentage of total jobs in the county as in 2004 (69.8 percent). 1 Industry classifications are based on the NAICS system. NAICS is short lor the North American Industry Classification System, a set of industry categories standardized between the U.S. and Canada. Final Draft 61 Agenda Item No. 5E July 24, 2007 Page 119 of 169 81 3.6% 22,56 31,32,33,42 52 722 71 48,49 61 92 721 11,21,51,99 Other Services (excl. public administraUon) UtilitieS; Admin, Support and Waste Mgt and Remdiation Services ManufacruringlWholesale trade Finance and Insurance Food Services (e.g., Barf Restaurant) Arts, Entertainment and Recreation Transportation and Warehousing Educational Services GovernmenVPublic Administration 9.1% 7.80/0 6.3% 5.3% 5.3% 1.9% 1.9% 0.6% 0.6% 6.7% 4.8% 3.2% 8.2% 5.2% 1,6% 5.7% 4.0% Accommodations (e.g. LodginwHotel) 0.6% 3.5% Otller 3.0% 6.4% TOTAL 100% 100% Sourcc; Quarterly Census of Employment and Wages (Ql.~EW) employer address files; RRC Associate~, Inc. Final Draft . 62 Agenda Item No. 5E July 24,2007 Page 120 of 169 Survey Overview This section of the report provides an overview of survey responses. This includes a discussion of CUrTent and expected employment needs, worker commute patterns and employer perceptions of and impacts from housing and transportation issues in the county. This information helps set a context from which the impacts of workforce housing and transportation needs on employers in the county can be better understood. Year Round and Seasonal Employment Survey respondents were asked to report the total number of year-round, summer seasonal and winter seasonal employees that they hire, in both full-time and part-time positions. . Survey responses represent a total of 13.175 year-round jobs, 571 sunuuer seasonal jobs and 1,296 winter seasonal jobs. . Based on survey responses, about 99 percent of businesses reported hiring year-ronnd employees, to percent hire summer seasonal employees and 18 percent hire winter seasonal employees. The primary businesses reporting winter seasonal employment include: bar/restaurant, recreation/entertainment, professional services and retail sales. . Winter seasonal employment represents an approximate to percent increase (1,296 employees) over year-round only employment (13.175 employees), compared to a 4 percent increase during the sununer (571 employees). . Of businesses that hire seasonal employees, about 51 percent of employees (on average) return to work for them from previous seasons. This means that 49 percent of seasonal positions (on average) must be newly recruited each year. About 20 percent of employers reported that all of their seasonal employees typically return to work for them from previous seasons. A similar 18 percent of employers reported that none of their seasonal employees return 10 work for them from previous seasons. Table 4 _ Collier County Employment: 2006 Collier Counl}' Employer Survey Results Summer Year round seasonal Full lime (30+ hourslweek) B9.0% 66.0% Pari time (<30 hourslweek) 11.0% 34.0% Total (%J 100% 100% Total employment (survey) 13,175 571 Source: 2006 Collier County Employer Survey Wlnler seasonal 59.6% 40.4% 100% 1,296 Ethnicity of Workforce Employers were asked to indicate how many of their employees do not speak English as their primary language. About 54 percent of businesses reported having at leasl one employee that Final Draft 63 ,il,genda item No. 5E Juiy 24, 2007 Page 121 of 169 does not speak English as their primary language, representing an average of between 20 to 25 percent of the total workforce. Employees Per Household Employees often live together in family and unrelated roommate households, meaning that there is often more than one employee per residence, The number of employees per household was estimated from the 2000 Census by finding the number of employed persons that are in households and dividing by the number of households reporting earnings in Collier County. This information is necessary when translating the number of employees into the number of households needed to house the workforce, Table 5, Average Employees Per Household: 2000 Collier County 251,377 109,476 2.39 105,472 Population (2000) Labor force (2000) Average Household Size Employed persons Employed Persons in Group Quarters Employed Persons in Households Households with Earnings Employed Workers Per "Economically Active Household' 1,248 1 ()4,224 70,298 1.48 Source: 2000 US Census Worker Commute Patterns Where Workers Live The 2006 Collier County Employer Survey asked Collier County employers where their year round and seasonal employees live. This information is useful in understanding employee commute and living patterns. As shown in the following table: . Employers estimate about 80,5 percent of year-round workers and 93.7 pereent of seasonal workers live in Collier County, . Comhining the places of residence of year-round and seasonal employees, an average of about 81.3 percent of Collier County workers live in the county, including 31.4 percent in Naples City, 6,5 percent in Immokalee, 6.0 percent in Bonita Springs and 1.3 percent in Marco Island. About 16 percent of workers commute into Collier County from Lee County. with about one percent total from Hendry and Broward Counties combined and another 1.7 percent from other areas. Final Draf1 64 . Agenda Item No. 5E July 24.2007 Page 122 of 169 Based on the estimate of about 144,344 workers in 2OOS, this means that 117,393 workers live in Collier County, with 26,951 commuting into Collier County for work. Table 6. Where Collier County Work.ers Live Average' Seasonal employee 46.3% 36.5% 4.7% 5.7% 4.9% 0,3% 0.0% 0.0% 1.7% 100% Year round employees Other Collier County 35.4% Naples City 31.1% Lee County 16.7% lmmokalee 6.6% Bonita Springs 6.1% Marco Island 1.3% HendlY County 0.7% Broward County 0.4% 01hsr 1.7% TOTAL 100% Source: 2006 CoHier County Employer Survey * Average is based on year-round and seasonal employee places of residence combined (e.g. would represent the commuting patterns when there is a mix of year-round and seasonal workers). Work-Commute Options % 36.1% 31.4% 16.0% 6.5% 6.0% 1.3% 0.6% 0.4% 1.7% 100% # (2005) 52,119 45,369 23,057 9,400 8,682 1,823 896 508 2,490 144,344 The survey asked employers to indicate whether they provide their employees with various fonDS of transportation and commute options. About 29 percent of employers indicated they provide some type of commute assistance. Of those that provide options, about 50 percent offer a travel stipend to help cover costs of conunuting, 36 percent have an on-site vehicle for employee errands, 22 percent have a carpooling/vanpooling program, 16 percent offer telecommuting and 4 percent each offer bus passeslcoupons and/or operate a bus/shuttle service for employees. About 22 percent provided other options, including company vehicles supplied to employees for commuting, gas card lotteries, fle"time and Sun Pass. Final Draft 6S Agenda Item No. 5E July 24. 2007 Page 123 of 169 Work Commute Options Provided by Employer: Collier County, 2006 Telecommuting 50% T ravel stipend (employer covers commuting costs) On-site company vehicle for employee errands Car poo/inglvan pooling Bus/shulle service (operated by your busmess) Bus passes/coupons Other 0'% 10% 20% 30,. .. 40% so'. ,. 60% Percent of Respondents Source: 2006 Collier Count)' Employer Survey Anticipated Changes in Employment Over the next two years, about 48 percent of employers indicated that they plan to increase their number of employees in Collier County and only I percent indicated they will reduce their employment. About 44 percent expect to remain the same and 7 percent "don't know." A fairly high 32 percent of businesses will have employees retiring over the next two years - vacating positions that will likely need to be refilled. Retiring employees accounted for about I pereent of jobs of all responding employers. Applied to an estimated 184,751 jobs in 2005, this equates to about 1,935 positions. Refilling jobs from retirees can often be challenging in areaE where the cost of housing has increased faster than local wages, given that many retirees may have been established in the community before price increases, whereas many new employees do not have the same advantage. Employer Problems A ponion of the employer surveys was dedicated to understand, among other things, employer problems and perceptions related to hiring and retaining employees and employee housing issues. This section surnn1arizes employer responses to these questions. Workforce housi n9 perceptions Employers were asked the extent to which they feel the availability of affordable workforce housing is a problem in the area. A combined 78 percent of employers felt that workforce housing is "one of the more serious problems" in Collier County (50 percent) or "the most critical problem" (28 percent). About 17 percent feel housing is "a moderate problem." Only 4 percent felt the issue was "not a problem" and J percent fell it was "one of the region's lesser problems." Final Draft 66 . Agenda Item No. 5E July 24, 2007 Page 124 of 169 Table 7. "Do you feel t/uJ.t the availability of affordable workforce housing is:" Total respondents Not a problem 4% One of the region's lesser problems 1% A moderate problem 17% One of the more serious problems 50% The most critical problem in the region 28% Source: 2006 Collier County Employer Survey Employee problems experienced Employers were asked the frequency with which they have experienced various problems with retaining and hiring employees over the past two years that could be attributed to housing. About 18 percent of employers stated that they "never" have problems with any of the given issues. For those experiencing problems, unqualified applicants, unfilled jobs and employee turnover were the most frequent. More specifically: . About 41 percent of respondents indicated they have "often" experienced unqualified applicants for jobs. Another 38 percent of employers have "often" experienced no applicants and 33 percent have "often" experienced unfilled jobs, with between 25 to 37 percent "sometimes" experiencing these problems. . Employee turnover and tardiness have "often" been experienced by a similar 25 percent and 22 percent of employers, respectively. Another 43 to 4S percent sometimes experience these problems. . Absenteeism is less of a problem, with 12 percent indicating it is "often a problem," 39 percent responding it is "sometimes a problem" and 50 percent stating it is "never a problem." Final Draft 67 Agenda Item No. 5E July 24, 2007 Page 125 of 169 Problems Experienced in the Past Two Years that Could be Attnbuted to Housing: Collier County Employers EMPLOYEE TURNOVER D Often I : 41:;, , I III Never . Somelimes UNQUAliFIED -................ APPLICANTS ~, UNFILLED JOBS 33% 25% TARDINESS 22"';' NO APPLICANTS ABSENTEEISM 0% 100/0 200k. 30% 40o,b 50% 60% 7fJ'1o 80% 90% 100% Percent of Respondents Source: 2006 Collie.r County Employer Survey Problems due to Housing, Transportation and Child Care Respondents were asked how many employees they have lost in the last IWO years due to a lack of housing, transportalion or childcare. About 43 percent of employers indicated thai they have lost at least one employee in the last two years due to lack of housing, 29 percent due to lack of transportation and 21 percent due to lack of child care. In total, respondents to the survey have lost a combined 1,840 employees due to a lack of housing, transportation or day care, equating to aheut I3 percent of current employed positions. Table 8. Employee Turnoyer Related to Housiug, Transportation and Day Care: Collier County, 2006 Reason for leaving % of businesses that lost at # of employees employment: least one employee that left lacked housing: 43.0% 980 lacked transportation: 28.5% 541 lacked day care: 20.6% 319 TOTAL 50.6% 1,840 Source: 2006 Collier County Employer Survey; RRC Associates. Ene, *% of employees is based on the assumed average employment for the year (year-round employment plus 50 percent of seasonal winter employment) as reported by all s.UTYey respondents % of all employees' 7.1% 3.9% 2.3% 13.3% Difficulties locating workforce housing Final Draft 68 ~ Agenda Item No. 5E July 24. 2007 Page 126 of 169 Employers were asked to indicate which of their employees have the most difficulty locating housing in the area, given a scale of "I - No problem" to"5 - Major problem." Employers indicated that, on average, general labor/service employees (3.9 average), entry level professionals (3.7 average), office support staff (3.4 average), seasonal workers (3.4 average) and retail/service clerks (3.4 average) have the most difficulty locating housing. About 48 percent of respondents indicated that mid-management employees have a problem locating housing (rated 4 or 5) and 30 percent felt upper management also had problems locating housing (rated 4 or 5). This shows that, while entry-level employees generally have the most problem locating housing, mid-management and, to some extent.. upper-management employees are also having some difficulty. "Which of your employees have the most difficulty locating housing in the area?" -~-- _ % responding 2 or 1 . No Problem _% respordill9 4 or 5 Major Problem __ Average I ~ lOO'k 4.0 90% 3.4 3.4 ~ 80% 3.3 " 71% 3.0 'ill '" 70% :0 c 2.6 e .g a. 50% 0' 5 c E a. "':'J!r w .., 0 50% T 2.0 '0 ~ a; <; 4O'i "'- 3.2- 15 w 0 1! -E 0 g' 0.. 30% = m a; H) & 20% l'! 0 > .. 10'Y~ 0% DO General Labor.l Entry Level Office Support Seasonal Retail/Service Mid-- Upper Service Prolessionals S1a~ Workers Clerks Management Management Type of Employee Source: 2006 Collier County Employer Survey Unfilled positions About 45 percent of responding employers indicated that they presently have at least one unfilled position, amounting to about 6.5 percent of total jobs. Applied to job estimates for 200S (about I 84,7SI jobs), this indicates that about 12,000 jobs are presently unfilled in the county, needing about 9,375 employees to ftll those jobs (at an average multiple job holding rate of 1.28 per worker). Of businesses with vacant positions, several reasons were provided as to why jobs are unfilled, including but not limited to, a lack of applicants and/or lack of qualified applicants, positions having just become available, housing costs and commuting issues. The complete list of comments are located in Appendix A to this report. Supporl for Employee Housing Assistance Final Draft 69 Agenda Item No. 5E Juiy 24, 2007 Page 127 of 169 Current Assistance Presently, about 10 percent of employers provide some form of housing assistance to their employees. Of tbose that provide assistance, about 31 percent assist with employee housing search, 31 percent provide rent subsidy support, 25 percent provide down payment assistance, 19 percent master lease units that are rented to employees and 19 percent own units that are rented t.o employees. About 31 percent of employers that provide some housing assistance provide "other" forms of assistance including buyer education, first time homeowner pml,'falll, commuter banus, include housing with the position and a management apartment. Of the total number of employees assisted, about 1.5 percent of year-round employees receive assistance (193 of 13.175 total employees of responding businesses). 30.1 percent of summer seasonal employees receive assistance and about 16.8 percent of winter seasonal employees receive assistance. Willingness to Help With Housing Employers were asked the extent to which t.hey would be willing to assist with providing workforce housing, In tolal. about 16 percent of employers indicated they would be willing to assist with housing for their employees (13 percent) or other employees in the community (3 percent) and 43 percent were uncertain. Although many comments refer to housing as an issue for their employees, about 42 percent of employers stated they are not willing to support housing for employees. Table 9. HI n the future, would you be willing to assist with the provision of workforce holtSing?" Survey Respondents 13% Yes, for my employees only Yes, for any employee in the community No, I am not willing to support housing for employees Uncertain 30, 10 42% 43% Source.: 2006 Collier County Employer Survey Employers were asked to provide any additional comments with regard to housing issues. These commenls are provided in the appendix to this report and provide additional information on some of the issues, problems and perceptions of employers with respect to the availability (or lack thereof) of workforce housing. Final Draft 70 . Agenda Item No. 5E July 24, 2007 Page 128 of 169 Commercial Job Generation A primary reason for the survey was 10 understand the intensity of employment among different types of industries in Collier County. The survey results tie total employment to the size of the interior business space (or number of rooms managed if a lodginglhotel business). This results in a compilation of job generation ratios, which are expressed as the number of total jobs (full and part rime combined) per 1,000 square feet of space and can be used to estimate the number of employees that will be needed to support new commercial activity in the area. The following method was used to calculate the number of jobs generated per 1,000 square feet of interior business space: I. Businesses were grouped according to their "type of business," as reported on the employer survey. 2- Figures were calculated to rcpresent peak employment needs in CoJIier County. Therefore, the total number of year-round and winter seasonal jobS were summed to calculate the "total number of jobs" needed by each business type. 3- The fields "total number of jobs" and "square feet of leased space" (as reported on the survey) were summed within each business category. In the case oflodging and property management companies, the fields "total number of jobs" and "rooms/units managed" were summed. 4. The Job Generation Rate, in terms of jobs per 1,000 square feet, equals the 'lotal number of jobs" divided by the "total square footage" of all businesses within each category, multiplied by 1,000. Lodging rates are presented in units of jobs per room which equals the' lotal number of jobs" divided by the "total number of rooms/units." The composite database shows that about 2.5 jobs are associated with every 1,000 square feet of commercial space overall in Collier County. The ratios are considerably higher for restaurants and bars (12,6jobs per 1,000 square feet), fmance/banking (7.1 jobs per 1,000 square feet), consrruction (5.4 jobs per 1,000 square feet) and personaUcomrnercial services (5.2 jobs per 1,000 square feet) businesses. Other industries fall below the overall average, including government (1.1 jobs per 1.000 square feet), education (1.3 jobs per 1,000 square feet), retail sales (1,9 jobs per j .000 square feet) and real estate/property management (2,1 jobs per 1,000 square feet). Results are based on a total of 131 completed survey responses (or about 1.1 percent of total businesses in Collier County) and are presented below. Final Draft 71 Table 10. Commercial Job Generation Rates Job Generation Rate (per 1,000 square feet of Interior space) 12.6 5.4 1.3 7.1 1.1 0.7/room 2.7 5.2 2.1 1.9 3.3 0.6 2.3 2.5 Bar/restaurant Construction Education FinanceJbanking GovernmenVT ransportation/Public utilities Lodging/hotel Professional services Personal/Commercial selVices Real Estate/property management Retail sales Recreation/Entertainment Other Manufacturing Overall Source: 2006 Collier County Employer Survey; RRC Associates. inc. Considerations for Commercial Linkaqe Requirements Agenda Item No. 5E July 24. 2007 Page 129 of 169 Number of Complete Responses 9 26 1 2 6 3 34 12 8 11 7 2 10 131 When developing commercial linkage requirements, some communities use a single average while others combine similar categories into several groups. The rates are usually used to estimate employment when the PUD or building permit application is filed. The rates can be applied to new development and to redevelopment that results in additional space being created. Using a single average makes it less problematic when the exact use of space is not defined at the time of project approval; however, it can place disproportionate burden on commercial uses that have lower job generation rates. Utilizing multiple rates can complicate the situation when a change in use occurs. Some programs consider change in use to be exempt while others provide a credit. Most programs should and do provide the opportunity for the applicant to provide their own job generation estimates in the event that the proposed use is expected to generate jobs at a different rate than established by the community (E.g., through a variance or other provision). The following table shows job generation rates aggregated into five categories. The overall rate would be applied to uses that do not fit within the specified categories, unless shown otherwise by the applicant. "Office" includes such uses as financelbanking, legal and medical professions and other professional s.ervices. Final Draft 72 Agenda Item No. 5E July 24, 2007 Page 130 of 169 Table 11. Commercial Job Generation Rates by Condensed Categories Collier County 12.6 2.7 0.7 1.9 2.1 2.5 131 Units Jobs/1 ,000 sq. ft. Jobsl1,000 sq. ft. Jobs/room Jobsl1 ,000 sq. fl. Jobs/1 ,000 sq. fl. Jobs/1,000 sq. fl. Bar/restaurant Office Lodging/hotel Retail sales Real Estate/Property Management OVERALL N= Source: 2006 Collier County Employer Survey; RRC Associates, inc. Linkage Mitigation Formula Because the above calculations are presented in terms of jobs per 1,000 square feet, several steps are needed to translate tbis figure into housing units. To determine the number of affordable housing units that commercial projects must produce under a linkage program, the following formula is used. For illustrative purposes, the below table is based on the assumption that a 20 percent mitigation rate is required for commercial mitigation (e.g., commercial development must mitigate for 20 percent of the housing units needed by employees demanded by the development). Other mitigation rates could easily be substituted, if desired. The steps of the calculation are as follows: I. Compute the number of iobs generated: Multiply the size of the development (in square feet) by the appropriate job generation factor presented in Table II. above. This will calculate the number of jobs generated as a result of the development. 2. Compute the number of employees generated: Divide the number of jobs genefltted by the multiple job holding factor - estimated to be about 1.28 jobs per employee in Collier County. This will calculate the number of employees needed to fill the jobs generated by the development. 3 Compute the number of housing units nc.cdcd: Divide the number of employees generated by the number of employees per household (there are about 1.48 employees per household in Collier County). Tbis will convert the number of employees generated into the number of housing units needed to accommodate the new employees. 4. Compute the number of housing units to mitigate: Finally, multiply the number of housing units needed by the mitigation rate (20 percent in this example) to calculate the number of housing units re<juired to be mitigated by the development. Final Draft 73 Agenda Item r~o. 5E July 24,2007 Page 131 of 169 Tabl.. 12. Commercial Size of Development Jobs generated Calculation of Commercial Linkage Requirements Factor Calculation Leasable Square Feet rate x SF/l ,000 Employees generatea Households generated Units Required Lodging Size of Development Jobs generated Employees generated Households generated Unrts required Rate per 1,000 SF Bar/restaurant - 12.6 Commercial retail- 1.9 Office - 2.7 Real estate/Property management - 2.1 Other - 2.5 1.28 jobs per employee 1.48 employees per unit 20% mitigation rate Jobs generated/l.28 Employees generated/l.48 Households generated x 20% LodgeIHotel- 0.7/Room 1 .28 jobs per employee 1.48 employees per unit 20% # Rooms or # Units # rooms x 0.7 Jobs generated /1.28 Employees generated/l.48 Households generated x 20% Pinal Draft 74 Agenda Item No. 5E July 24, 2007 Page 132 of 169 COLLIER COUNTY EMPLOYER SURVEY ---Oilier County Is sponsoring this study on housing. We need Input froml!l11ployers In the erea 10 determine the extent to which housing costs ,d availebility are Impacting employers and business operations, and to better understand how workforce housing needs should be addressed. Please respond to the questions below for all business locations you opernte In Collier County. Note that all results ere strictly confidential and the responses from Individual businesses will not be reported, After completing this questionnaire, mail II in the enclosed postage paid enveiope to RRC Associates or fax to (3a3) 449-5587 within 10 days of receipt. If you have questions, please contact Wendy Sullivan at RRC Associates (the independent company helping us with this study) at 1-888-4494772, ex! 113 (to/l frw). Thank you for your help. 31. Name of business 34. Please indicate approximately how many workers (year-round, summer seasonal and winter seasonal) you employ at your Contact person (in case we have questions) Phone Fax 32. Type of business: 01) (] Bar/restaurant 02) [] Construction 03) [I Education 04} [] Finance/banking OS} [] Govemment, transportalion, public utilities (0) [J Professional services (legal, medical, technical, etc) 07) [] Lodging/hotel How many 08) [J Real estate/ property rooms/units management do you manage? 09) [] PersmaVcommercial services (massage, hair care, day care, laundry, etc.) 10) [) Recreation/entertainment II} [] Retail sales (grocery, sporting goods, etc.) (2) [J Manufacturing or wholesale trade 13) [] Other: 33. What is the approximate net square footage of floor orea your business occupies (include all locations)? Please estimate your space as accuralel~; as possible. SF (Net Fioor Area square footage is the leaseabie area in which the actual retailing, dining, repair, personal service-such as massage, medical servlce--iJr office activity occurs. Net square footage does not include hallways, bathrooms, walis, garages (eXC<3pl commercial parking lots) or storage areas (not associated with the business activity)). Final Draft Collier County location{sl. NUMBER OF YEAR-ROUND SUMMER WINTER EMPLOYEES ONLY ONLY Full Time (30+ hrslwk) Part Time 1<30 hrs/wk\ . TOTAL 35. Of your total employees, how many do not speak English as their primary language? 36. If you hire seasonal employees, approximately what percent return to work for you from past seasons? % 37. How many positions wnh your business are currently unfilled? Full-time Part -time 38. ~ you have unfilled pos~lons, can you brietly state why they are unfilled (e.g., lack of applicants, not currently looking to fill them, lust became available, etc.)? 39. Within the next two years, do you plan to: I] Increase your number ot employees l] Reduce your number of employees !] Stay about the same I] Don't know 40. How many of your employees will be retiring over the next two years? 41. What types of employment problems have you experienced the past two yeers that could be attributed 10 the- cost or lack at housing for employees? NEVER OFTEN ti, ~ant~~~llr <i'~~",1k- ';c~lt.2;<~~ c. Unqualifiedapplicants [ ) ! ) [ ) ~i~'F:~c~-j'==:. ::,;-~",~c'~~;"'~~ Un_lied JO~ . f~~;~(-" SOMETIMES U 42. How many people, in your estimation, were not hired or left your employment last year because they: Lacked housing: persons Lacked transportation: persons Lacked day care: persons 43. Do you leelthal the availability of affordable workforce housing Is: I ] Not a problem I ] One of the r"!lion's lesser problems I ] A moderate problem I ] One of the more serious problems [ ] The most critical probiem in the region 44. Which of your employees have the most difficulty locallng housing in the area? NO MAJOR Not PROBLEM MODE~ATE PROBLEM AoDIicablCl Seasonal WlJrkers 1 2 3 4 5 x ~,I~"C=- .....:::.t,;;~:c-o:S-.:'i~=::5'~""'"[~'=. Entrrlevel prof~ss..ionals 1 2... 3 4 5 x j~~;"~'D~~-';*~","J:c~~~n;.~~~i" Upper management ,. 1 2 -'-3 4 5 . x :;"~iVlW~ ''-"'''i.:T}f~ ,~2~';i:'Ii~'",~" ___Gene;ailab<Jrjse~ice 1 2.~_"3 4'.5 X :t:-c't.~~-"",i'i.....i:'::~':. :'{Ci~;~-:lln:~~"='if.'~'",,:,:::'~' 45. To the best of your knowledge, where do your employees live? Please enter approximate perce-ntages for the place of residence of your WlJrkers at each location. YEAR ROVNDSEASONAL 01) Bonita Springs 02) Marco Island 031 Naples City 04) Immokalee 05) Other Collier County 06) Hendry County 07) Lee County 08) Broward County 10) Other 100% 100% TOTAL Final Draft Agenda Item No. 5E 46. Do you assist with housing for any of you,ll!iwDloNeei'lJ7 [J No (GO TO a. 17) Page 133'01169 [] Yes: What type of assistance have you provided wfthin the past year and for how many employees? Number of Employees Master leased unils rented to in;~~S;.~ Provide renl subsidy support to employees . m ,__ # --~-~.:- Other assistance (describe: # # ;-.',_""~-c ~.".,.~-"..,.~ ~l:~ 47. In lhe future, would you Ill! willing 10 assist wl1h the provision or workforce housing? 1) [ ] Yes, lor my employees only 2) [ ] Yes, for any employee in the community 3) [ ] No, I am not willing to support housing for employees 4) [) Uncertain 48. Does your business provide your employees with any of the following work commute options? (CHECK ALL THA T APPL Y) 1 i [ ] Bus/shuttle service (operated by your business) 2) [ ] Bus passeslcoupons 3) [ ] Car pooling/van pooling 4) [ I On.site company vehicle for employee errands 51 I J Travel stipend (I.e.. employer covers employee commuting costs; travel time compensation, elc.) 61 [ ] Telecommuting.. How many employees telecommute at least occasionally? # 7) [ ] Other: Do you have any addftional comments about housing Issues? Thank you tor your participation. 2 T Agenda Item No. 5E July 24, 2007 Page 134 of 169 OPEN-ENDED COMMENTS-COLLIER COUNTY EMPLOYER SURVEY Additional comments about housing issues . Businesses need to stop being so greedy and illegal. If they would pay people well then they could afford to live in Naples, and they would need less employees because they would be more productive and more faithful. . Employers need to Increase pay levels so people are able to afford housing - and get off unemploymenVwellare . Employers should pay the wages demanded by market. Govemment should not subsidize housing. Let the market determine. . Help! We aren't as affected as some smaller businesses, but rt is hurting everyone, look at your own business. . Housing combined will1local inflation, Everyone charges more for their services and product to live here and it squeezes out the lowest level employees. . Housing costs have escalated so much more and more are planning on leaving the area to GeoflJia and the Carolinas . Housing, insurance and property taxes all contribute to people leaving the area. One of the main faclors that people tell me as their reason for leaving is the general 'attitude" of weallh and unfriendly area now. . Husband wife business . I have answered for my in-house staff. however, for my temp employees the issue is far more serious! . I would like 10 be Involved with housing initiative . If housing Is not affordable in Collier County for an average wMe collar worker, Naples will not be able to main lain the fond reputation the county currently has . I'm closing down my business because Collier County does NOT know how to manage the lax money. Starting with Jim Mudd, . In the iast hvo years we had 3 people leave because cost of living got too high . Is it possible for major employers to join forces and build their own housing for slaff? hospital, schools and policemre have enough resources to build affordable housing, obviously with contractlim~tions and requirements. . It has been ignored for at least 3 years. I foresee difficulty staying in business if more affordable housing is not provided. . It is a huge problem lor all business . It is a serious problem that needs to be addressed . It is difficult for potential employees in the entry level (clerk, receptionist, etc,) to find affordable Ilousing here. We have lost a receptionist early th is year. Even as a professional, it is a bit tight! . I've lost employees at every level in the organization due to housing. even higher paid ($55,000-150,000) have left because they can get more for their money In other cities in Florida. Majority have moved to mid-Florida area or out of slate. . Lack of affordable housing is causing all kinds of havoc for employers and employees at all levels except for managemenVprofessionals . Most large cities In the U.S, have work forces which commute 30 minutes to 90 minutes, Collier County should build a work force area out in eastern Collier County and improve roads and transportatlOl1 to that area. Workers can't expect to live on the beach or downtown Naples, . Most people we hire are students who live with parents, people who are married and established, younger people who have 1 or 2 roommates to make things affordable . My business is in my home. Husbend and myself only employees. Canl afford outside office or employees. . My Lee County employees have started working from home to evoid the commute and 1-75 traffic problems . NEED MORE affordable housing! Gap housing $150-300 . No middle road. office/clerical are unqualified or overqualified (retired and relocated to Naples and still want northem wages, or willing 10 accept entry position but demand an exec. posrtion wnhin a couple monlhs) Final Draft Agenda Item No. 5E July 24. 2007 Page 135 of 169 . Past policies of restricted density, rising Impact lees, and green space set-asides have caused a shortage in buildable land to wh ich 1I1e mai1<et has responded with higher prices for property . Realtors should no longer be allowed to buy for profit and should rather assist the consumer with a purchase. Realtors hurl1l1e housing market by purchasing and flipping property, making it almost impossible for the work force to afford anything, We rent our own proparties out to general labor staff since their aparlment complex went oondo. Additional comments about housing issues (CONTINUED) . Recent permit, impact fee increases are absurd. So goes the construction business, so goes tile local economy. . Since I have no employees, it is not a problem. For associates wfth employees, ills a major problem. . Thank you lor your service to our community. This issue we are struggilng with proVides a signfficant opportunfty to improve the quality of life. I am no mears an experl but as a business owner and parent this impacts our employees and mysetl on mary fronts. It has been my experience that if presented a vision/plan tIlat benefils the quality of lile, the community will support it eventually. I believe as part of the process some sort of public/private lunding and entity will be required and I hope (to see) a process similar to the Davidson, NC model. It appears to have economic sense and leads to more social economiC integration, . The county could develop a plan similar to wetlands mitigation, where developars of high end housing pun;hase property in moderate income development, that qualitying new homeowners can buy homes. This would allow developers of moderate income developments get incentives for their investment. Homeowners can purchase homes in Collier County at affordable prices. . The higher and more ubiqUITOUS the impact fees and environmental constrainls, the harder this becomes . The increased cost of housing JS a big problem and the answer is to have the developers thai are making money selling mu~imillion dollar homes pay the price for affordable housing . There are just not enough workers. No homes that are affordable, no workers. . This correction we are seeing now is a Iree mai1<et economy at work. I think the market will take care 01 ftself. Keep govemment Intervention at a bare minimum. . This has been ignored in Collier County for too many years . ThIS is a growing problem for us. We are having trouble attracting good employees. . This is a top concern of our country club and is getting worse every year . This IS the single most important challenge we have to face in Collier County. The choice is efther to provide affordeble housing witllin an easy commute Dr provide a low cost transportation system. . This survey is a good first step. This is the most critical issue facing Naples. People who make $15-25 an hour can't afford $400-500K mortgages. Also, tile peDple in tile newly buitt hi-rise condos need to provide the infrastructure before the towers are built All tIlis oontributes to a poor business environment. . Too expensive in Collier County for service workers. Eventually there will be minimal service providers availabie. There must be solution to reduce or provide housing which IS affordable. . Two upper management employees commute 110 miles dai~ round trip . We are a 2-person business but we are concemed about the lack of affordable housing fDr employees of other businesses in our community . We have seen a large decline in people relocating here from out 01 state because they cannot afford to live here . We have to grow our business in other parts of the country because Naples IS too expensive to live - we would have to pay higher saiaries . We maintain more staff off-season than necessary to" avoid need to rehire in season . We need more low income housing Why do you have unfilled positions? . Appl<;ant being able to read and write . Attracting people a problem Pinal Draft 4 . Agenda Item No. 5E July 24. 2007 Page 136 of 169 . Candidates they do not fill all requirements for the job . Continuously looking for quality people. Vacancies are continuous. Not enough quality poople to fill available posITions. . Just became available (x8) . Jusl became available, hard to keep position filled . Just became available, lack of applicants . Just became available, offer made/waiting on acceptance, not currently looking to fill . Just began search . Just came open . Just came open, beginning of season . Lack of applicants (x8) Why do you have ulIf"IlIed positions'! (CONTINUED) . Lack of applicants - RN posITions. Canl pay what they are asking in some cases. . lack of applicants and/or lack of qualrried applicants . Lack of applicants due to difficulty finding affordable housing. Difficult commute due to traffic problems. . lack of applicants due 10 high cost of living and housing in Collier County . Lack of applicants or other emploYells moving north for affordable living sITuations . Lack of applicants, can't afford to work and live in thiS area . Lack of applicants, cost of housing . Lack of applicants, cost of housing, too many restaurants in a small area . Lack of applicants, cost of living with affordable housing, traveltime during 'season," lack experience . Lack at applicants, expensive housing to those considering relocating . Lack of applicants, no appropriate infrastructure . Lack of competent applicants . Lack of intelligent, educated, competent applicants . Lack of legal, qualified applicants . Lack of qualified applicants (x8) . Lack of qualified applicants (nurses, lab lech, my tech) . Lack of quality candidates, some just available . Lack of service workers, long commute, lack of housing - going outside of country to recrun . lack of skilled applicants, illegal to hire. cannot afford to live here . Lack of skilled employees seeking part-time work . Lack of trained applicants (x2) . Low unemploym8l1t, high cost of living in Naples, lack of affordable housing . Newly available . No applicants qualified to fill pOSITions . Not currently looking (x2) . Not currently looking - pbx in past: lack of qualified applicants, lack of English . Not currently looking to fill them, lack of applicants and they can't afford housing . Not currently looking, recently hired 72-year-old because lacko! applicants . NoI enough cosmetologists living in Collier County. too expensive. . NOllooking to fill them . Not presently hired . Relocated oul of the area - looking to refill - just became available . Seasonal positions, having trouble finding people Final Draft s . Servers are always needed but have a hard time surviving summers in Collier due to expenses . Skilled labor unavailable . Unable to find skill level locally, unable to attract and relocate necessary skill level . We are always seeking applicants, quality candidates are rare . We are not able to take new business - not enough staff Type or business (other) . Care community/retirement village . Community management . Corporate office tor radio broadcast co. . Distributor . Fire depl. . Harvesting . Retirement community . Retirement community Which types or employees have the most difficulty locating housing? . Part time . Professionals . Yoga tearoer Where your employees live (other) . Cape Coral . Charlotte . Charlotte . Charlotte Co. . Charlotte County . Charlotte Cty . Estero . Ft. MyerslEstero . Goiden Gate Estates . Lehigh . Various Housing assistance provided (other) . Collier first time homeowner program . Commuter bonus, mortgage education . Included with pOSition . Maragement apt. Work commute options provided (other) . Any staff on call takes car home . Company vehicle . Company vehicles driven home to Ft. Myers Final Draft Agenda Item No. 5E July 24, 2007 Page 137 of 169 6 . . Drawing lor gas cards. tree meals . Flex hours so some employees work only 4 days a week . Flextime . Gas . Gas card lottery . Staggered shifts to avoid rush hour . Sun Pass for one employee . Take company vehicles home Final Draft Agenda Item No. 5E July 24, 2007 Page 138 of 169 7 APPENDIX B DOR CODES r Agenda Item No. 5E July 24.2007 Page 139 of 169 Agenda Item No. 5E July 24. 2007 Page 140 of 169 APPENDIX B DOR CODES DOR Description Category Code Name 0 Vacant Residential Residential 1 Sinole Familv Residential 2 Mobile Home Residential 3 Multi.Fantily (10 units or more) Residential 4 Condominia Residenti 01 5 Cool'W"ratives Residenti al 6 Retirement Homes Res.idential 7 Mise Residential (c.amo.s ele) Residential 8 Multi. Family (Ie" than 10 unit.') Residential 9 Undetermined Residential 17 Office buildines, noo-orofess.ional services btdl!s, 1 stOry Office 18 Offlce buildine:s, nOD-Drofessional services btdgs, multi-stonl Office 19 Professional services ouilding Office 23 Financial institutions Office 24 IruiUrance company offices. Office 10 Vacant Commercial Retail II Stores, one. story Retail 13 Denartment Mores Retail ---- 14 Sunermarkets Retail 15 Reu ionaI shopping centers Retail 16 Conrrnunityshoppin~centers. Retail 25 Reoair service shops Retail 26 Service stations. Retail - 27 Auto sales, repair, storage, service shons. marine eouin, mobile home sales Retail 29 Wholesale outlets. produce houses, manufacturiIlp outlets Retail 30 Florist, Greenhouses. Retail 2] Restauranl<:;, cafeteri a.. Tourist 22 Drive-in restaurants Tourist .- 28 Parklng Jots, mobile home parks Tourist 31 Drive-in theaters. aDen stadiums Tourist 32 Enclosed theatres, auditoriums Toun:;t 33 Ni2"htclubs. cocktail lounges. bars Tourist -- 34 Bowl!3_;g~. skating rinks, tx)()l halls, enclosed arenas Tourist 35 Tourist attractions, pennanent exhibits, other entertainmenl facilities, fairgrounds (private) Tourist 36 Carno, Tourist 37 Race tracks, horse. auto or dOJ!: Tourist 3& Golf courses, Driving ranges Tourist 39 Hotels, Motels TouriM 40 Vacanl. industrial Industrial Light ma,nufacturing, Small equipment manufacturing plants, Small machine shops, 41 Instrument manufacturing plants Industrial 42 Heavv industrial. Heave eouinmem manufactunot>, Lat'Qe machine shops, Foundries. Stee,) Jndustrial B-1 Agenda Item No. 5E July 24, 2007 Page 141 of 169 DOR Description Category Code i\"ame fabncation plants, Auto or Aircraft plants 43 Lumber vilfds. Sawmills. Planin. mills Industrial 44 Packin. nlant, Fruit, Ve~etable & Meat packing pllllllS lndustnal 45 Canneries, Fruit & Vel!'etabJe, Bottlers and Brewers, distillers, Wineries Industrial 46 Other food moccssinl!, Candy factories. Bakeries. Potato ChiD factories Industrial Mineral process.ing, phosphate processing. Cement plants. Refineries. Ctay plants, Rock & 47 Gravel plants Industrial 48 Warehouse. Distributing terminals. Trucking terminals, van & storaf?e warchousinll Industrial Open storage. new & used building supplies, Junk yards, Auto wrecking, Fuel storage, 49 Eauiomenl & Materials storaee Industrial 91 Utilit)', gas & electric. telephone ete Industrial 70 Vacant Institutional Industrial 71 Churches Industrial 72 Private Schools & Colleges & Davcare Industnal n Privately o'WTIed hospitals Industrial 74 Homes for the ~ed Industrial 75 OmhamHT~~s, other Ilon-nrofit or charitable ser....ices lndustrial 76 Mortuaries, cemeteries. crematoriums Industrial 77 Clubs, Lodges, Union Halls Industrial 78 S ani tari ums., Con valescent & Rest Hornes Industrial 79 Cultural organizations. Facilities JmJu5lrial 80 Undefined Government 81 MilitaIy' GO'\:cmment 82 __ ..!'~rcst. parks, recreation areas Go"lemment 83 Public schools Government 84 Colle~es Government 85 Hasni",ls Government 86 Counties )otber t.h:m public schools Government 20 AirrHlrts. bus &marine te-rmmals, 'Piers and marinas Government 87 State ocher than militarv, forests, parks etc. Govemmeot 88 Federal other th~m mililarV Governmem 89 Municipal other than narks. etc. Government B-2 r Agenda Item No. 5E July 24, 2007 Page 142 of 169 APPENDIX C COLLIER COUNTY AFFORDABLE-WORKFORCE HOUSING MITIGATION FEE TRUST FUND Agenda Item No. 5E July 24, 2007 Page 143 of 169 APPENDIX "C" COLLIER COUNTY AFFORDABLE- WORKFORCE HOUSING MITIGATION FEE TRUST FUND Administrative Guidelines Housino and Grants Section As adopted by the Collier County Board of County Commissioners by Ordinance No. , on .2007 Collier Count)' Affordable Housing Trusl Fu.nd Administrative Guidelines Page J 0/6 r Agenda Item No. 5E July 24, 2007 Page 144 of 169 TABLE OF CONTENTS CHAPTER PAGE CHAPTER I - ST A lEMENT OF PURPOSE 3 CHAPTER2-DEHNrnONS 3 CHAPTER 3 - AFFORDABLE HOUSING TRUST FUND EST ABUSHED 3 CHAPTER 4 - MANAGEMENT 4 CHAPTER 5 - DISTRIBUTION & USE OF AFFORDABLE HOUSING TRUST FUND ASSETS 4 Collier County Affordable Housing Trust Fund Administrative Guidelines Page 2 0[6 Agenda Item No. 5E July 24, 2007 Page 14501169 Collier County Affordable Housing Trust Fund The purpose or the Collier County Affordable-Workforce Housing Mitigation Fee Trust Fund, (hereinafter referred to as the AHTF), is to assist in the creation and preservation of affordable housing in Collier County, Florida for the benefit of very-low, low, moderate, and gap-income households, All capitalized terms not otherwise defined herein shall have the meanings assigned in Ordinance No. 2007 -_' The following terms ,hall havc the following meanings: 1. "Area median income" or "AMI" is established for metropolitan areas or non- metropolitan counties by the U.S. Department of Housing and Urban Development (HUD). 2. "Affordable-Workforce Housing" mean a Dwelling Unit which is offered for sale or rent to Moderate Income Persons and with respect to which monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the eamed median adjusted gross annual income for the households of Eligible Households. 3. "Very low income household" shall mean a household having an income not exceeding fifty (50) percent of AMI adjusted for household size. 4. "Low income household" shall mean a household having an income not exceeding eighty (80) percent of the AMI adjusted for household size. 5. "Moderatc income household" shall mean a household having an incomc not exceeding one hundred twenty (120) percent of the AMI adjusted for household Slze, 6. "Gap income Household" shall mean a household having an income not excceding onc hundrcd fifty (150) percent of the AMI adjusted for household size. 7. "Eligible Households" shall mean Very low income households, Low Income households, Moderate income households, or Gap income households, as appropriate. Collier County Affordable Housing Trust Fund Administrative Guidelines Page 3 016 , Agenda Item No. 5E July 24, 2007 Page 146 of 169 1. By Ordinance No. , the Collier County Board of County Commissioners establishes a trust fund for a special revenue account under the name of the "Affordable-Workforce Housing Mitigation Fee Trust Account". 2. Accumulated and future Gap, Moderate, Low or Very-Low Income Affordable- Workforce Housing Fund Mitigation Fee payments shall become AHTF property and shall be deposited directly into the AHTF. 3. The AHTF may accept donations from individuals or organizations other than Collier County Board of County Commissioners. 4. All moneys remaining in the AHTF at the end of any fiscal year, whether or not expended by the County, remain AHTF property. 1. The County Manager, or his designee, shall serve as the Manager of the Affordable- Workforce Housing Mitigation Fee Trust Fund. The responsibilities of the Manager shall include: a. Maintaining all records of the AHTF; b. Assisting prospective applicants requesting AHTF support in the preparation and presentation of their applications; c. Monitoring the use of monies distributed to successful applicants for AHTF support to assure ongoing compliance with the purposes of the AHTF and the conditions under which these monies were granted or loaned; and d. Reporting annually to the Board of County Commissioners regarding the operation and activity of the AHTP. 1. Distributions may be made to individuals and/or private or public, profit or not-for- profit entities. 2. The types of investments the fund may make include: gifts, grants, loan guarantees, letters of credit or other foons of credit enhancement, or other Collier County Affordable Housing Trust Fund Administrative Guidelines Page 4 of6 Agenda Item No. 5E July 24, 2007 Page 147 of 169 disbursements deemed necessary and appropriate to fulfill the purposes of the AHTF. 3. Types of projects in which the AHTF shall invest include: a. Creation of new Affordable-Workforce Housing units; b. Preservation of existing Affordable-Workforce Housing units; c. Conversion of market rate units to Affordable- W orlcforce Housing units; d. First time homebuyer loans for Affordable-Workforce Housing; and e. Predevelopment loans/grants to assist non-profit and for-profit developers with Affordable-Workforce Housing project feasibility studies, site acquisition and preliminary design studies for potential Affordable- Workforce Housing projects. 4. Priority in all disbursements shaJ1 be given first to Affordable-Workforce Housing projects that guarantee the perpetual affordability of such housing and, second, to Affordable-Workforce Housing projects that guarantee a term of affordability of greater than IS years together with eventual recapture of the AHTF investment. The Clerk of Court shall maintain the account for all funds in the AHTF. The County Manager, or his designee, shaJ1 be responsible for administering and dishursing the funds in thc AHTF for the allowed purposes. The rccord keeping requi.rements and procedures for disbursements as well as any misceJ1aneous or related administrative procedures shall be authorized by Resolution adopted by the Board of County Commissioners. 5. The following categories identify income groups that the AHTF will serve. The percentages shown are target amounts of funding that will be expended in each category. If eligible projects are not found for a particular category within one year after funds have been deposited, funds targeted for that category may be moved into the contingency category to be allocated to other areas. Target set aside amounts arc as follows: a. Very low-income (below 500/" of area median income): Target 30% of AHTF funds. b. Low-income (50% to 80% of area median income): Target 30% of AHTF funds. c. Moderate-income (80% to 120% of area median income): Target 20% of AHTF funds. d. Gap-income (120% to 150% of area median income): Target 10% of i\.HTF funds. Collier County Affordable Housing Trust Fund Administrative Guidelines Page 5of6 r Agenda Item No. 5E July 24, 2007 Page 148 of 169 e, Contingency: Target 10% of AHTF funds. These funds can be allocated to provide for any of the identified categories above. 6. Projects will be evaluated with respect to criteria that are consistent with County goals and policies. In addition, projects that provide the following will be viewed favorably and when ranked against other projects, shaIl be given additional merit points: a. Projects that provide the greatest benefit per dollar of funds spent. b. Projects that demonstrate higher equity in the project and/or a lower loan to value ratio. c. Projects that have other funding sources identified and committed. d. Projects which benefit the highest percentage of low and moderate income persons, provide the lowest rents, include a greater percentage of affordable units, or will maintain longer periods of affordability. e. Projects that use program funds as a match or leveraging tool to stimulate the use of conventional and below-market resources, including tax credits, state and federal funding programs, and/or other funding sources. f. Projects proposed by an applicant with a successful history of project development and/or property management, as appropriate. 7. When appropriate, the AHTF shall use existing County guidelines for Homebuyer, Homeowner Rehabilitation, or Accessory Dwelling Unit Programs. 8. AHTF monies may be used for administration of AHTF programs. The amount of funds allowable for administrative use shall be limited to the actual amount required for administration or 10% of yearly A TF collections, whichever is less. Collier County Affordable Housing Trust Fund Administrative Guidelines Page 6 of6 Agenda Item No. 5E July 24,2007 Page 149 of 169 Housing Supply Analysis '.,~._.~.".. - ~ Agenda Item No. 5E "V' 24, 2007 Page 50 of 169 Housing Supply Analysis for Collier County June 26, 2007 Prepared by Fishkind & Associates, Inc. 12051 Corporate Boulevard Orlando, Florida 32817 407-382-3256 Home@Fishkind.com Housing Supply Analvsls for Collier County Agenda Item No. 5E July 24, 2007 Page 151 of 169 1.0 Introduction Fishkind & Associates ("the Consultanf') has been requested by the Client to conduct an analysis of the available housing supply in Collier County ("the County".) The Consultant has examined the supply and price of the current housing stock for the County. The housing stock includes single family homes for sale, single family homes for rent, apartments, and rooms for rent. 2.0 Methodology The Consultant has gathered data from several sources in preparin9 this report. Market value information for single family homes was collected by analyzing Collier County Property Appraiser information from the Parcel Identification Reporting System ("PIRS") for 2005, the latest year available. Information was coJlected for the totality of houses in the market and for those homes constructed in the year 2005. Information collected for single family homes for rent and rooms for rent was gathered from the Naples Daily News online at httc:/IVYWW.naDlesnews.com on April 11, 2007. Data for the apartment analysis was obtained from a survey conducted by the Southwest Florida Apartment Association for the Collier County apartment market. Our findings are presented in the sections below and the report will walk the reader through our analysis and interpretation of the results. 3.0 Single Family Home Market Using PIRS, the Consultant has examined the market values of single family homes located In the County. The first step was to look at all single family houses In the marketplace. Table 1 displays the market values and breakdown of units by value for homes built in each decade from 1920 through the present. There were 70,453 homes being market in the County in 2005. The median market value for all single family homes in the County is $387,135. The average market value for single family homes in the County is $626,593. Having an average value higher than the median appraised value indicates the 'Greater than $500K' category contains many homes of extremely high values, thus skewing the average upwards. t_ o. 0= . Page 2 of 10 J Ho~sing Supply Analysis for Comer County AQenda Item No. 5E - July 24, 2007 Page 152 of 169 Table 1. Market Values for Single Family Homes by Decade Built In Collier County, 1920's - 2000's 11120', """ , , " " 11lflD'8 170', 11la:.s 1990', ZOOI]'s "" AveraQe Markel: VllIys ~17,189 $1,05:5,521 ~1.218.201l $712.915-;7'2,988557&.599 ~,8B6 $615,566 $677.26! $626.58 MediB" M.rkel VAl~ $257,2875201.892 $3511.421 $358.065,S381,JB9 534.3,330 S364.1!l4 s;l!r.l,299 $<I2l.6Se $387.135 Less than S2OOi< " M " '" '" 1,376 1,524 1,\107 '-", 7,653 $200k-S35Ok " " " 400 1,156 3,640 4,7611 6,293 5,8<:4 22.156 S350k-S500k J , 9 '" '87 1.558 3,333 5.055 5,693 16,453 GrNtllrlhan$5001o; 27 36 " '" 1,9.38 3,151 3,855 7m6 7,565 242111 TO'.at " '" m 1,716 4.491 !1,725 13.481 20.273 20,351 70.453 LIt$~ lhlon $200. 33'.. '" "" "" ". 14% ,.. ,. " ,.. SlOO.-$350k '0% 16% H"' ,,% ". 37% '" J>% 29% J" 5350k_S50Ok .. J% " 180/, ,.. ". '" 2" '" ". Gl'Illlle'UIlt<1$500k J" J2% '6% ... 'J% J2% '0% :15% ,,. ... Total 100% 100'1', 100.... >0.. '''''' ,000/. 100% '00% ,000/. 100% Chart 2 displays the percentage distribution for all single family homes in the County. Of all the homes in the County, 11% have a market value less than $200K, 31% between $200K - $350K, 23% between $350K - $500K, and 34 % greater than $500K. Chart 2. Percentage Distribution of Market Vaiues for All Single Family Homes in Collier County I I ! I I i I 1- ~~---, Markel Value for All Single Family Homes 11% I_ Le-;-; than S200k" I_ $2OOk - $350k 'II iCl $350k- $500k Ie Greater tharr$5Ol)j( -I 23% Chart 3 displays the total number of units per market value price range. As of 2005, there were 7,553 homes with a market value under $200K, 22,156 homes between $200K . $350K, 16,453 homes between $350K . $500K, and 24,291 homes with a market value greater tIlan $500K. . ". Page 3 of 10 HousIng Sup~y Analysis for Collier COWlty Agenda Item No. 5E July 24, 2007 Page 153 of 169 Chart 3. Number of Total Units in Collier County by Market Value Range I~ I Market Value for All Single Family Homes 7,553 22,156 i. Less ~n $20Ok -I i.S200k-$35Oi1. Ii i9S350k-S500k : ~r.~()r1han$500krl 16,453 L ...J After examining the total market by decade, we wanted to look at what occurred in the County since 2000, paying close attention to the latest year, 2005. Table 4 displays the market values Df homes built by year from 2000 - 2005. Table 4. Market Values for Single Family Homes by Vear Built In Collier County, 2000 - 2005 20 2001 2002 2003 200<< 2005 Average Market Value $679,500 $731,565 $72B,9S5 $677,264 $629.440 $601,144 Median Market Value $4S3,391 $459,577 $433,BB5 $409,116 $393,454 $37B,024 Less than $200k 16B 162 225 260 241 173 $200k . $350k 728 890 983 1,108 B94 1,241 $350k . $500k 1,082 992 1,068 855 919 777 Greater than $500k 1,445 1.569 1,346 1.201 98B 1,036 Total 3.423 3,613 3,622 3.424 3,042 3,227 Less than $200k 5% 4% 6% 8" 8% 5% ;0 $200k . 5350k 21% 25% 27% 32% 29% 38% $350k . $500k 32% 27% 29% 25% 30% 24% Greater than $5DOk 42% 43% 37% 35% 32% 32%. Total 100% 100% 100% 100% 100% 100% '" Page4of10 .= J Housing Supply AnalysIs for Collier County Charts 5 and 6 display the number of units built in 2005 in absolute and percentage terms relative to their market values. Chart 5. Percentage Distribution of Market Values for Single Family Homes In Collier County Built in 2005 Markot Value for Homes Built In 2005 5% 24% 38% i. Less th;;'i200k-nl . $2001< - $35Ok i 0$350k.$500k I L~.:3.re~8r Ih~~ $50~ Chart 5 displays the percentage distribution for all single family homes built in the year 2005. In 2005, 5% of homes were built with a market value less than $200K, 38% between $200K . $350K, 24% between $350K - $500K, and 32% greater than $500K. Chart 6. Number of Units Built by Price Range In Collier County, 2005 t'IlliIt ". "I Market Value for Homes Bultt In 2005 173 1,03_. ~'241 m r.jL~s t~; $2001< II .$200k-$3501< " 0$350k-$5001<. jl Il1iIGreater.:~~11$500k.1 __J Page 5 of 10 Agenda Item No, 5E July 24, 2007 Page 154 of 169 Houiling Supply Analysis forCollklr County Agenda Item No. 5E July 24, 2007 Page 155 of 169 Chart 6 displays a breakdown of single family homes built in the year 2005. Out of the total 3,227 homes built, 173 homes had a market value under $200K, 1,241 homes between $200K . $350K, 777 homes between $350K . $500K, and 1,036 homes with a market value greater than $500K. 4,0 Single Family Homes for Rent Using the Naples Daily News, the Consultant was able to capture the current availability of single family rental homes in the County. As of April 11, 2007, there were 176 homes advertised for rent. The monthly rental rate ranged from $995 to $7.000 The average monthly rental rate was $1,655, with a median monthly rental rate of $1,500. Table 7 displays these results. Table 7. Single Family Home Rental Statistics, April 11 , 2007 Total Available Average Median Range 176 $1,655 $1,500 $995-$7000 Chart 8 displays the range of single family homes for rent in the County. Of all single family homes for rent, 25 rent in the range of $995. $1200 per month, 42 from $1,201 . $1,400 per month, and 44 from $1,401 . $1,600 per month. A total of 63 percent of the rental homes rent at a rate below the average monthly rental rate of $1 ,655. Chart 8. Price Range of Single Family Homes for Rent in Collier County 42 44 20. 10 + o I ---21 -0--'- 5- '~'r - 4 . .----6_._ - . ':'-,1 S995. $1201. $1401- $1601. $1801- S2001- $2201- $2401- $2601- 11200 $1400 $1600 $1800 $2000 $220(1 $2400 $2600 $7000 5,0 Collier County Apartment Market By using February 2007 survey data from the Southwest Florida Apartment Associalion, the Consultant was able to determine suppiy and ~ - ... .. Page 6 of 10 y Housing Supply Analysis for Collier County Agenda Item No. 5E July 24, 2007 Page 156 of 169 rental rates for apartments in the County. Forty-nine apartment complexes were included in the survey. Table 9 displays the current statistics for apartments In the County. There are 11,031 total apartments, with 543 available for rent. This represents a 95% lease rate. The lease rates ranged from a low of 74% to a high of 100%. Table 9. Collier County Apartment Statistics Tolal Apartments Available for Rent Lease Rate Average Rental Rate Median Renta! Rate Range for Rental Rates 11,031 843 95% $976 $950 $500-$1,619 Chart 10 displays the average monthly rental rate per apartment type. Average monthly rental rates are $836 for 1.bedrooms, $999 for 2- bedrooms, and $1,127 for 3-bedroom apartments. Chart 10. Average Rental Rate By Number of Rooms per Apartment $1,127 $1,100 $700 1 o 1/1 Rental Rate I . 212 Rental Rate I . 3/2 Rental Rate' $900 $500 Chart 11 displays the monthly apartment rental rate distribution by price point. Survey data was not broken out by number of units available per number of bedrooms. The data only stated total number of units available per apartment complex. So, for each price point, there could be more than one unit represented. For this reason, the chart displays the percentage of price points falling within each designated price range. Approximately 67% of the monthly rental rate price points are below the average rental rate of $976 per month. Approximately 63% of monthly rental rates fall between $701 - $1,000 per month. - "C" =r Page 7 of10 Housing Supply Analys.is for Comer County Aoenda Item No. 5E ~ July 24. 2007 Page 157 of 169 Chart 11. Rental Rate Percentage Distribution by Price Point 30% 1 ! , 20% cu 26% 20% 17ll<. - 130/. 10"/"1'-- 2%2%, 0% --,- "''''''''''~~'''..<$'<$''''~<> ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ ~ , . ~ . "Ii .r; ~ IJi ':i .. 'sl ~~~~~~~~~' ~'~.~'~.~.~. 'IIi ,," ...... -." .." '11" ,.... 6.0 Collier County Rooms for Rent Rooms for rent were located in the Naples Daily News, April 11 , 2007, and consist of houses and apartments in which a person is looking for a roommate. Units in this section were considerably less expensive on average than for apartments or single family homes for rent. Table 12 displays the general statistics on rooms for rent. There are a total of 36 rooms for rent in the County with an average monthly rental rate of $553. The median monthly rental rate is $550. Individual rooms rent from a low of $385 per month to a high of $775 per month. Table 12. Rooms for Rent in Collier County T olal Rooms for Rent Average Median Range 36 $553 $550 $385-$775 Chart 13 displays the range of rooms for rent by price point per unit. Twelve rooms rent for under $500 per month. Thlrty.three rooms rent for under $600 per month, which represents 92% of the total available units. & =r Page 8 of 10 Housing Supply Analysis for Collier Ccunty Agenda Item No. 5E July 24,2007 Page 158 of 169 Chart 13. Price Point Distribution of Rooms for Rent 25 2D-- 15-' 21 101-'.'--" 5 ~-- --- 0-. -, 2 .~- $385 . 5()0 $501. $600 $601 - $700 $701. $775 7.0 Total Available Units for Rent - Single Family, Apartments, and Single Rooms To paint the total picture of unIts available for rent, the Consultant has aggregated the availability of single family homes, apartments, and individual rooms. Table 14 displays the characteristics of the total rental market for the County. There are a total of 755 units for rent in the County. The average monthly rental rate is $1,269. The median monthly rental rate is $1,198. Rental units range from a low of $385 per month to a high of $7,000 per month. Table 14. Total Available Rentals Total Rentals Average Rate Median Rate Range 755 $1,269 $1,198 $385 . $7000 Chart 15 shows the percentage of each rental rate price point per price range. Of all rental units in the County, 12% fall within the $385 - $700 price range, 27% within the $701 . $1,000 price range, 21% within the $1,001 - $1,300 price range, and 22% within the $1,301 - $1,600 price range Eighty-two percent of all units rent at a rate beiow $1,601. . ". Page go! 10 Houf;ing Suppty Analysis for Collier County Agenda Item No. 5E July 24, 2007 Page 159 of 169 Chart 15. Total Rental Units Available per Monthly Rental Rate Price Range 30% 25% 200/. 15%: 12% 10"/+- 5%1" 0%.- ,," ,," ,," ._,," ~<f' ....<f' ~<f' ~<f' ':l'~ .~,,~ ...,,^j 'sl"v "-,,.. .:"v ",'j;" ~... ~ro ~... ~...., ";,~", ~....' ~.....' ~.....' ~....., !fa 'sl" ~" ",'" "'..... ~"CS 4v '=~ 21% 22% . . - - "UI "I Pag& 10 of 10 r Aoenda Item No. 5E - July 24, 2007 Page 160 of 169 Economic Impact Analysis FISHKIND & ASSOCIAltS .... ... .. . Agenda Item No. 5E July 24, 2007 Page 161 of 169 MEMORANDUM TO: Mr. Greg Stewart, Esquire Nabors, Giblin, & Nickerson FROM: Hank Rshkind, Ph.D. SUBJECT: Collier County's Proposed Linkage Fee lor Affordable Housing DATE: Updated July 16,2007 VIA: Email onlytogstewart@ngn.tally.com 1.0 Basis for the Opinion I have reviewed the following reports or memoranda in this review. . Dr. Nicholas' report 'The Economics of Workforce Housing in Collier County- (undated) . Anderson Economic Group memorandum 01 January 15, 2007 to the Economic Development Corporation of Collier County . Fishkind and Associates, Inc. "Housing Supply Analysis for Coilier County" (May, 2007) . Fishkind and Associates, Inc. "Pasco County Transportation Impact Fees" (March 2, 2007) In addition, we conducted additional analysis of the proposed linkage tees using the regression models contained in the Pasco Counly study. 2.0 Economic Impact ot the Proposed Linkage Fees 21 The proposed linkage fees for non residential development are displayed in Table 1. They are very high. no matter what the justification maybe. For most land uses the proposed fees are approximately equal to the full cost of the land (when incorporated into the building) for each land use. In other words the fees are sufficiently high to effectively double the already high price of land in Collier County for a commercial development. 12051 CorpOrOle Boulevard. Orlando. Florida 32817 (407) 382-3256 FIJ.X. :4GJ) 382-3254 Page I of 9 2.2 .. .. Agenda Item No. 5E Even If there were no other fees associated wllh development In Collier July 24 2007 County, fees at these levels would be a significant deterrent to non Page 162 ~f 169 residential development in Collier County. As a result, the County is also considering imposing the fees at 25% or even 10% of their total levels. Table 1. Proposed Linkage Fees for Non Residential Property Category Government Industrial Instltutional Office Retail Tourist Fee/Square Foot $32.82 $35.60 $3.05 $35.73 $48.86 $43.46 Source: Dr. James Nicholas ''The Economics of Workforce Housing In Collier County" (undated) There is a schedule of residential linkage fees as well which vary from $362 for a minimum of 500 square feet of residential construction to a high of $9,422 for a 5,000 square foot home. 2.3 Collier County already charges some of the highest transportation impact fees in the Florida. As Table 2 shows, Collier's existing transportation impact fees for non residential deveiopment are more than two standard deviations above average for Florida. It is important to recognize that at some level the combined load of impact fees becomes so high, that development is inhibited. Table 2. Transportation Impact Fees for Selected Florida Counties (Fee per 1,000 Square Feet of Gross Building Area) County Office Warehouse Industrial Hotel Local Retail Regional Retall Collier 7,308 5,600 S,600 4,334 25,318 12,607 Broward 282 358 35S 322 1,341 1,132 lee 2,336 1,461 2.050 2,237 5,063 5,063 Clay 0 0 0 0 0 0 Duval 0 0 0 0 0 0 Nassau 1.005 765 1,074 866 2,073 1,393 St. johns 5,103 2,632 1,873 3,344 5,669 6,740 Dade 1,690 831 749 1,568 1,897 3,421 Lake 2,991 1,535 1,808 1,446 5,844 2,174 Orange 5,261 2,158 3,039 2,520 11,597 7,517 Osceola 5,190 1,780 2,89S 2.362 9,560 Seminole 1,925 579 762 717 3,721 3,158 Manatee 3.537 1,116 1,568 1,851 7,226 5,352 Sarasota 3,509 2,890 2,226 1,169 10,730 11,235 Hernando 2,567 1.308 1,836 3,454 5,411 5.411 Hillsborough 1,955 1,549 994 1,272 2,418 4,619 Pasco 4,392 1,546 1,316 2,767 7.461 6,181 12051 Corporate BoulBVord. Orlando, Florida 32817 (407) 382.3756 FAX (407) 382.3254 POQe 2 of 9 2,4 The relationship between the level of impact fees and the volume of construction activity was analyzed using standard regression techniques. A cross sectional approach was taken using data from the 35 counties shown in Table 2 for 2005. 2.5 The regression models explain the volume of non residential construction put inlo place as a function of various economic variables (population, employment, Income etc.) and the amount of transportation impact fees. There are separate equations for the following categories of non residential development: local retail, regional retail, industrial, warehouse, hotel, and office. Appendix 1 contains the regression results, These are summarized In Table 3 for the coefficient for the impact fee. In all cases the modeis explain the variations in the volume of construction reasonably well with good R.squares and F Statistics, indicating that the explanatory variables are statistically valid. Furthermore, the transportation impact fees all have the predicable negative coefficient and are statistically significant. [The baiance of this page left intentionally blank.] 12051 Corporote Boulevard. Orlando. Florida 32817 (.:107) 382-3256 FAX (L10/) 382-3254 Page 3 of 9 Table 3. Summary 01 Regression Results Transportation Impact Fees Agenda Item No. 5E July 24, 2007 Page 164 of 169 Land Use Transportation Impact Fee Coefficient Standard Error Error Prob. ~ t~Statistlc Prob. local Retail Regional Retail Industrial .27.141 19.390 .1.400 0.182 0.710 0.018 Warenouse -40.904 22.882 .1.803 0.085 0.608 0.000 Hotel .38.100 0.000 .1.714 0.101 0.403 0.004 Office .50.341 39.486 .1.275 0.218 0.765 0.000 Nota: . Fail to reject null hypothesis that all variables (excluding the constant) are jointly equal to zero .16.986 .20.529 8.834 14.903 .1.923 .1.377 0.068 0.181 R Squared 0.730 0.594 F Statistic 0.000 0.000 Source: Fishkind and Associates, Inc. 2.6 The analysis summarized in Tabie 3 is for transportation impact fees. However, the results are important for this linkage fee analysis. Consider the effects of the transportation impact fee alone for offices in Collier County. Figure 1 shows the relationship between the levels of transportation impact fees and the volume of office construction. FIgure 1. Elasticity of Office Construction as a Function of Transportation Impact Fees i i i'~~ J-..~ :~[~!.'-I I :~::tl-:: -=rx~ I 0 2,000 4,000 a,ooo 8,000 10,000 I l _ ~act Fee/$1.000 I 2.7 Collier County has an average transportation impact fee of more than $7,000 per 1,000 square feet of office building. As a result, as the left hand axis of Figure 1 shows, the elasticity is almost 2. This means that for every 1 % increase in transportation impact fees the volume of office construction will go down by 2%. The implication is profound. The impact lees are so high that they are: 12051 COlporatB Boulevard. Orlando. Florida 32817 (407) 382-3256 ~AX (<107) 382-32~ Page 4 of 9 (a) depressing construction activity signiflcantiy; Agenda Item No. 5E July 24, 2007 Page 165 of 169 (b) reducing construction of offices so much that the amount of fee Income would actually go up, if the fee were reduced, and (c) the fees are counter productive as a result. 2.8 Unfortunately for Collier County all of its transportation impact fees are so high, that they have this counter productive impact. The transportation impact fees alone are depressing commercial construction activity well below it equilibrtum level. Actually reducing the current transportation impact fees would generate more transportation Impact fee revenue, because the percentage increase in construction activity would be greater than the percentage reduction in the tee. 2.9 All of this does not take into account the very Important depressing effect that the currently too high levels transportation impact fees have on the County's ad valorem tax revenues, which are lowered from the depressing impactthe fees have on commercial construction activity. 2.10 Therefore. adding the affordable housing linkage fee on top of the already excessive level of fees on commercial construction will exacerbate an already difficult situation. 2.11 The effect of the linkage fee on residential construction is also not optimal. Residential construction is far less sensitive to impact fees (at least at leveis currently in place across Florida) than commercial construction. However, raiSing the impact fees on residential construction has the predictable eHect of making the housing more expensive and of reducing the voiume of housing produced. This effect complicates the County's already challenging affordability. 2.12 As noted above, the County is conSidering impOSing the Linkage fee at discounts ranging from 25% of the maximum fee to 10% of the maximum fee. From an economic perspective the lower the linkage fee the better is the likely economic result. 12051 Corporate BouloYOId. Orlando. FlrnJdo 32817 (407) 382 3256 FAX (407) 382-3254 PagEl 5019 , Appendix #1 Regression Results Dependent Variable: Local Retail Method: Least Squares Date: 02/19/07 Time: 11:02 Sample: 1 34 Included observations: 28 White HeleroskedasticHy-Consistenl Standard Errors & Covariance Std. Variable Coefficient Error I-Statistic Prob. constant .6577900 t294836 .5.080103 0 traffic impact jee .16.9857 8.83374 .1.922821 0.0675 In(aggregate income) 319996.4 59211.37 5.404307 0 unemployment 239006.3 123372.5 1.937274 0.06S7 Tallahassee 381963 126567.7 3.017856 0.0063 Daytona .436023 55373.2 .7.874258 0 R-squared 0.729698 Mean dependent var 383707.8 Adjusted R.squared 0.668266 S.D. dependent var 426548.1 S.E. of regression 245676.4 Akaike info criterion 27.64883 Sum squared resid 1.33E+12 Schwarz criterion 28.1343 Log likelihood .383.884 F~slatistic 11.87808 Durbin-Watson slat 2.110462 Prob(F-statistic) 0.000012 Dependent Variable: Regional Retail Method: Least Squares Date: 02/19/07 Time: 11 :02 Sample: 1 34 Included observations: 29 White Hete(oskedaslicity~Consjstent Standard Errors & Covariance Variable Coefficient Std. Error I-Statistic Prob. constant .7505967 1785415 .4.204045 0.0003 traffic impact fee .20.5286 14.90344 .1.377438 0.1806 In(aggregate income) 340372.9 77687.94 4.361283 0.0002 ur1employment 411969.1 147639.6 2.79037 0.0099 R-squared 0.593509 Mean dependent var 462347.7 Adjusted R-squared 0.54473 S.D, dependentvar 499753.9 S.E. of regression 337202.4 Akaike info criterion 28.4222 Sum squared resid 2.84E+12 Schwarz criterion 28.61079 Log likelihood .408.122 F-statistic 12.16733 Durbin-Watson stat 2.404464 Prob(F-statistic) 0.000042 Dependent Variable: 12051 Corporate Boulevard, OrlaMo, Florida 32817 (407) 382-3256 ~AX (lID7) 3R2-3254 Page 6 uf 9 Agenda Item No. 5E July 24, 2007 Page 166 of 169 Industrial Method: Least Squares Date: 02119/07 Time: 1 1 :02 Sample: 1 34 Included observations: 27 White Heteroskedasticity-Consistent Standard Errors & Covariance Std. Variable Coefficient Error t-Statistic Prob. constant .716381.9 298351.1 .2.40114 0.0298 traffic impact tee .27.14145 19.38991 .1.39977 0.1819 In(population) .65844.79 69809.85 .0,9432 0.3605 In (employment) 50976.89 58595.91 0.869973 0.398 operating millage 88135.45 39381.73 2.237978 0.0408 debt service miUage 636002.1 199042.1 3.195314 0.006 other millage 47013.62 21167.96 2.22098 0.0422 Jacksonville 188853.1 89320.3 2.114336 0.0516 Orlando 294976.9 105594.5 2.793488 0.0136 Tampa .226549.8 125935 .1.79894 0.0922 1.75 255643.9 118269.6 2.161535 0.0472 US98.19.41 366129 123630.5 2.961478 0.0097 Mean dependent R~squared 0.709594 var 140975.2 S.D. dependent Adjusted R-squared 049663 var 192605.6 Akaike info S.E, of regression 136650.9 criterion 26.78935 Sum squarea' resid 2.80E+11 Schwarz criterion 27.36528 Log HkeHhood .349.6562 F-stafistic 3.331992 Durbin-Watson stat 2.147927 Prob(F-statistic) 0.016376 Dependent Variable: Warehouse Method: Least Squares Date: 02/19/07 Time: 11 :11 Sample: 1 34 Included observations: 27 White Heteroskedasticity-Consistent Standard Errors & Covariance Std. Variable Coefficient Error t-Statistic Prob, constant .1.3E+07 2642394 .4.843795 0.0001 traffic impact fee .40.9036 22.68208 .1.803344 0.085 III (aggregate income) 629244.5 133287.1 4.72097 0.0001 unemployment 412842.5 2728104 1.513294 0,1444 Daytona .870528 138598.3 .6.280938 0 R.squared 0608201 Mean dependent var 738284.1 12051 Corp:>lole Boulevard. Orlando. Florida 32817 (407) 3&2-3256 FAX (407) 382.32~ p[]gg 7 of Q Agenda Item No. 5E July 24, 2007 Page 167 of 169 T Adjusted R-squared S.E. of regression Sum squared resid Log likelihood Durbin-Watson stat 0.536965 614342.5 B.3OE+ 12 .395.411 1.73010B S.D. dependent var Akalke info criterion Schwarz criterion F-statistic Prob(F-statlstic) 902624.9 29.66007 29.90004 8.537606 0.000257 Agenda Item No. 5E July 24, 2007 Page 168 of 169 Dependent Variable: LOG(HOTEL) Method: Least Squares Date: 02119/07 Time: 11:01 Sample: 1 34 InCluded observations: 24 White Heteroskedasticity-Consistent Standard Errors & Covariance SId. Variable Coefficient Error I-Statistic Prob. constant .7.23106 4.101045 -1.763226 0.0924 traffic impact fee .0.00036 0.000211 .1.71353 0.1013 In(aggregate income} 0.962176 0.216752 4.531355 0.0002 R.squared 0.402991 Mean dependent var 11.42166 Adjusted R.squared 0.346133 S.D.dependentvar 1.415221 S.E. of regression 1.144377 Akaike info criterion 3.224067 Sum squared resid 27.50156 Schwarz criterion 3.371323 Log likelihood .35.6666 F-statistic 7.087662 Durbin-Watson slat 2.85291 Prob(F-statistic) 0.004444 Dependent Variable: Office Method: Least Squares Date: 02119/07 Time: 09:57 Sample: 1 34 Included observations: 28 White Heteroskedasticity~Consistent Standard Errors & Covariance Std. Variable Coefficient Error t-Statistic Prob. constant .1743412 2085205 .0.83609 0.4135 traffic impact fee .50.3405 39.48577 .1.2749 0.2177 In(aggregate income) .57006.9 194118.6 .0.29367 0.7722 In(employment) 362859.6 254568.7 1.503836 0.1491 operating millage 95666.69 35911.48 2.664015 0.0153 debt service millage 1305968 301255.2 4335088 0.0004 school board millage .71425.5 93031.75 .0.76775 0.4521 other millage 1466.629 39123.25 0.037539 0.9704 Ft. Pierce .537459 162373.4 .3.31002 o 0037 Mean dependent R-squared 0.764541 var 449530.5 12051 Corporate Boul9Vard, O/Iando, Ronda 3281 7 (40/) 362 3256 FAX (407) 382-325.:1 Page 8 of 9 Adjusted R-squared 0.6654 S.D. dependent var Akaike info criterion Schwarz criterion F-statistic Prob(F-statistic) 544593.8 Agenda Item No. 5E July 24, 2007 Page 169 of 169 S.E. of regression Sum squared resid log likelihood Durbin-Watson stat 315018.1 1.89E+12 .388.792 2.172974 28.41374 28.84195 7.711677 0.000133 12051 Corporate Boulevord. Oliando. Florida 32817 (407) 382-3256 F^X (407) 382.3254 Page 9of9 Page I of I Aqenda Hern I'~o july24 P3~W COLLIER COUNTY BOARC OF CQUI'HY COMh11SSl0HEES Item Number: Item Summary: Meeting Date: fl'.ILI; ":,'kj;'II" (1[;[-"11(',.,. hi," ::y; ~,,"0'F" W :'::Sc',I: "Cic~n:'llsl": .I,,'~ kr1Ce re:J~n W!J've' ff" ,/,'y- ~I~ Apllro\'ed Fly James V.I'i;ucld LOWllV r\;:"n">I~' r.la1<' BOMd ofCoLlnly ''':ouwv r/i~Il:)(j~~':' Of'"." 7.'%'2107 10:58M.~ Comm""S''''l'''' file://C:\AgendaTest\Export\87-July%2024. %202007\Ofi_ '}Q20PUB1"1 C%20PE1'ITl ONS\6A \.. 7/18/2007 L\pen02 :lSIll I\lG 6P-. Juiy 24. 2007 ~'age 2 ot" 7 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 July 5, 2007 Marion J. Gregory 9202 Vanderbilt Drive Naples, FL 34108 Re: Public Petition Request to Discuss Administrative Fence Height Waiver Fee Dear Ms. Gregory: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 24, 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 Fioor 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, ..... "" / 2/ J/~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator ',~5/3~/26~7 18: 35 19415981515 MARION GREGORY ,'~.,Sh::nc(Ptl~G8-: i"@2 GL ,jU".' ';'::'-1. L'-''-'i P Cl~) :"'7 , ag~ ~. -Ji aLLIER cry ~I"6 Fax:2~9-659-5703 /' Jul 5 2007 11:48 P.02 105 @ ~ M8iaD J Chq\oIy !1202 VlIIIdl:rbiIt Dr NIpIcs. PI. 34101 PINse print Name. 0, Address: .;(00'/ NA,tl~ES FL Phone: 51'8- /5/5 Dele of the Board Meetina YOU wilIh to 8D811k; the ~ if nece:r'l'llrv): 'i.~ ..5!EE A~h: , lain . . the a~ additional DlIae if necessary); \ An:::>nrl':~~m ~;3, hA Julv 24. 20G7 Page 4 of 7 @ ~ M.riaa J ~ !/202 Vlllldlldlllt Dr NIp\a. PL 34101 . e5/3e/2ee7 18: 35 19415981515 MARIll>I.. GREGeRI' .R....WDrI AM~I..r4C m IIPRAr! I alletdly ....--ol, lbII BCC 10 waM tbc: SUIOO tile fur,'" . fi:D:= bci&bt ......1- iDdJe PIlI of ut""',h., up. day c:aro'sabool in I bpe bDea~_IiI>o'-d by" SlIeofFlol::idl, ofauJd&al IDIi F....n..... 10~ A T__ Lovi8gc..: s... .j;.., PDily c.rc Houle. 1'"" fhHln"'<J od\....l._..J~.~. ..~....Ia-SllrviDe--.filrmyilHlome .R&lg.No.ROICOOO2l. I'tI'iIb 10 be... __ Public PIltil:ioa 10 pe...-JIy Ipellt IIDd . pPos ~1bat. m,brr ti!IIoc is JIooo ~ fur the 1IliIty.... p......aon of1heso . Ie- . ~ ClIl my ..op...tytlm '/$ pjaJic 1IIbIe. l"'..~l."'...myp.,p""t.7-1bc~Ial'OCl'-..'iisdlG.i1tlly . . ftlIIIIllIlllllllisDl" ,~ fiIr the ... .....:.- oflbll dIilcInln. I lII1ady ~ . CiDdIln:lIIa wlIl be bebiDd this fi:nle aDd pJm 10 iDIlaD. . ..n lIiide aDd. a Ewa dIoup my..... is 10. r f i ClII.. ~ lot. a 6 it. &ace ~DOt:."'-~'"'with 1he STOP lip. or p~ to the l'OId .91;' . J lID ill; pboIos. 'Ibl:m arc 3 pt'OpCdie6 wiibin OIIID bIock_... *... ma my homcl1blt &ae liIICIllI or cloea:lo v~ Oriwl tblla I _ .'"{'........:.... As _--.pi- Be.dI Walklma a 6 1he bIoo.II: bctw . V-*ililt Beadl Rll8d lIIIll 91B1A-. bas a _... wall as dole 10 ill; l'OId. Beech Walt. _ JaIt woct an hon i:occ with ll* mi ............. piIlam m. beCIl addeddi.....lt1 _1he lIllalt fiom my houL M1p1~ iiuce...m be Jo-I-I ~fcctBEHlNDiII; liDeof lbe ~~ ".1-o?i1.,. ftIDccB lIIIll_.At. walls, aod willl\O BEHIND a lOW of -. 1leCI that have beCIl ~ fiB: Iea8t 17)'1lBrL . 65/36/2667 18: 36 19415981515 MARION GREGORY AB per my lDII(lI1 skeU:h Pm -"'g t.-...lth: 'l'IIe .. of1be faJa: dIE Mwd be on 92Dd AW8lIIll 'W01Ild be 42 A_. .L,g:2n~1f:4>~~~ r~s., 0u~a;~'i~j'~. (1i:) ~ ...... , Qqpy 9202 V8llllaltlill Dr NIpka. PI.. 341011 fi:om 1be CCDtllr of92Dd ---- The CClmIll' of1be 1ilIIDe would be 30 feet fiom the slDp sisn- l'De __ of1be iilaoe would be 37 filet from 1be c::cIIIcz'ofV ~ In DO Wfl'/ would dl: IIDp sign be bloclbcl by my P"' v...ed &ace. lOIIl tb= slDp lip }lOll em Mely _this _ ~myfalccwould be "'-lied, I hIml cared fur dIi!dR:II in Ibeic homes in Collia County fur t 7 aod siDcc 18111 ~ oJ.d<< 8Dd Iovc Mildn.n I dceilicld !bat a bomc em: iieilily wta'C 1 could still care for children lIDd . Mostiwt-laa.dtyto me scbool tbcm lIS -n. would be c:aia fur me to "l"'"dIl. from my is the safety oftbe chi1drca. ~y 7-10 yeBIlI ago a ClIt Drive 8Dd.......w.d inlo tbe living room on th:: WtllIt side of th:: Ood furbid IbIt aaylbing wuuId CWI: happen ID 1be dIildRlD in my can:: '--- I 't do ~ I rx-'bly oouId to !"ultd than from cars aod all th:: siclt people tbat might to gawk in lit Iitde girls plaJ'iug in myY8fd. I feel mylllqUSt is most ,.....".,.h!Cl ooder 1be f.8cls aod ~.d_._", I bave DOlai. (look K.. _J to ~'1f befurc:,ou llIld 1 will . n.m: you veer much for' your kind llllicDtion 8Dd .............dtion. p..!...,.~ rdUy lPd "..i~~ ~/~:?'r Mmion 1. GnssorY . ; ~5/3e/2887 18:36 19415981515 MARION GORY Agendqo~ ~5 6A ,"" r /",f"'- U'-") .;.. " ; '-'_ Page 6 of 7 ~ @ ~ ..... J Clnlpry ll202 V" . ~ Dr NIpkw, PI. 34101 -D$.... I4:V/AJI., ~ . I~ ...S~ _ _ _ __ /lJP'eNf!S ~/UDI~ PAOPDieD n."tI.. OL.D ThU. 'TA- Dt\~., .' . t~" i 't-~ ~ ..-., --- V~"T "1:11. . ~..05./30/2007 18: 36 19415981515 MARION GREGORY .'-.. ,;c'n,~iRP.lG5:-n ~S {,I, .~,-"~', '~"n, '~',,":::'-: '..-'-~l.J..;.-'._ _, ,,,,",r .' <" :-<:':::<0 I '," LV! ~ Mariou J Gregmy 9202 VlIIIIImbil! Dr Naples. FL 34108 II'-=. 4 0 ~ .' ....3 U If . .' 14~ .... ~ !~ "'" I t .6I.tI... + ~ :rr 7"'"0 4",,~L I!....~ ,j~'r"".... . t.~j'l> fk~ Hi'.f:-. ~ 1,'<-- 'i'> 'li. -.~ ~.,.t;o<- 3'::'~.14..snye~y~ . .b... ~+i ToJIb~ . w,~ I' l.tIW~ .\-~+ '11(/ ----.: ~ i ,,' fl.' i: I .. ~, , .. ~ I '. , . . ~ ~ . a:.. -" ". J ~:'I.l"::. ..1. . I~ ~ r "n ' Cf)'" ~.......-.... - . - -.., ........ .... .. ..... -.... ,_. 9lI -.. ~P<<l1_ SitSTB6liftP61 't:81 .lllat/...ua Page I of I COLLIER COUNTY 8Cf\Rr) OF C;()ULT\ CC1MkW,:SIONERS Item Number: ltemSummllry: Fut;: 1"1'" ;mw' W"I ~. 1'1:,: ecll:)r- iee" 'e5"!i''-!~ ir~IT ",}:) ,; r~;" ,~",' ','~ IITl:: ':J,; ,., i " Meeting Date: Approved Hy Ja"lC'S V. M",;c. :.:'~,,.-.. ~,,,,,),-, [Jnl(. ,'lOar(iG!C"UC1'/ C~'.Jr,t..! I.. 7!1U200, 11 c4g ;.. ~.:; (;omml~,si(lncrs file:/ /C:\AgendaTest\Export\87 -July%2024, %202007\06. %2(}PlJBLI C~o20PETITI ONS\6B\.. 7/18/2007 F-,QencJa Hem !"~o. 6~, JUI"i 24. 2C!CJ7 ;:::a;1B 2 o;~'; COLLIER COUNTY MANAGER'S OFFICE 330t East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 July 9, 2007 Mr. Jim Kramer 180 Cape Sable Drive Naples, FL 34104 Re: Public Petition Request to Discuss Waiver of Inspection Fees Resulting From Repairs to Hurricane Wilma Damage Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 24, 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, Qs~~~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator /\penda item No. 68 ,Juiy :2.4, 2007 Page 3 of 3 mission: observe & report 180 Cape Sable Dr Naples FL 34104 remarkRJ@aol.com 239.450.2771 10 July 2007 - Public Petition request We are once again in hurricane danger season. During Wilma, my home was damaged by a FPL pole. It cost $777.00 to fix the damage, plus $105.00 in fees to inspect the repairs. I would ask the county to consider waiving these fees, as the expense for mobile home owners is onerous and unnecessary. FPL's connection to the damage should be considered when you are trying to get our roads built. Their delays and excuses for not relocating utility lines affects my tax bill. Sincerely, - l::e~y___,__ cc: Glantz & Glantz, P A . Page I ot I Aoend8 Item No BC , Juiy 24.2007 Paqp i 8f 3 COLLIER COUNTY BOARD OF COUN,\ Cor,1MISS10~!ERS Item Number: f:: Item Summary: Meeting DatI!: h!t;i,t '"t, '"n ," '.1[j"'~': i v C.J[}" ~',-n:1;-, ic .~!SC,jS:; '.N"":! rX'J:":c"T, 'tw r.;'uri A,.. P'Irlce 881"k11:; ;';2 4i;~ 2', 7 ~' ellj l\:; "" tJl Aflprovl'd By Jamc'!>\" rAlHld COUt11 , Manag<" l'",l~ Br.ard ofC(lwm,' Comm,s",loners c.ou:l" Man;;,cWr'.,Qff,cc' 7/1G/2(i()7115f.AM file:! /C:\AgendaTest\Export\X7-July%2024, %202007\06. %20PUHL1C'>o20PETITl ONS\6C\. 7118/2007 .A.oenja Item No. 6C ~ Julv 24, 2007 F:age 2 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trait . Naples, Aorida 34t12 . (239) 774-8383 . Fax (239) 774-4010 July 10, 2007 Mr. Don Smith 56 Moon Bay Street Naples, FL 34114 Re: Public Petition Request to Discuss Weed Problem in the Port Au Prince Canals Dear Mr. Smith: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 24, 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 rneeting. 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. JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator Reouest to Speak under Public Petition ~';Jenda Item f'>JO. 6C J;Ji~/ 20.4 2007 Page 3 of 3 Please print Name: Q o Y\ S>'Y\ ~ 'I"" Address: SC:, ~ '("V", 00,"" ~ 0.. 'f o ~ ~ \ cs \: \ . 3~\\'-\ Phone: ;) ~~- (77- 5"\ ~ \ Date of the Board Meetino YOU wish to speak: j-),'1-01 Please explain in detail the reason YOU are reouestino to speak (attach additional paoe if necessary): T \,\Je- 0..\ Po,' CuJ P\';1\C'(""_ We... "'-aIle 0..\<':0.\ p<:ouh\t''iY'\ \c1JI-t" """ \..t..)t'"ec)S \.'\ oCt' CG\"""\S. fY\.....; S',(')c ", ~ Q. \\ The wC{y uc\o5S. T",c:.1 A.ll ;~C\.lOrs o..\'e' Co~'Y\~ 1\ S u-~ \ (\ 0. ('c::. (C\ &.s Please explain in detail the action YOU are askino the Commission to take (attach additional paoe if necessary): 10 SNC(,/ for The LzJC'cJS, 500"\,<:::: Ow>'\~l'S 2:~J~~~!\ ~~~ ,we-cd ~~{\ Co.us~ \ ~~ H:\Judi's Folder\Forrns\Public Petition Request Form.doc . Page I of 1 !V1U1;Cj COLLIER COUNTY a:Jt.fW c= :::u'.:r;,\ COI'M_1iSSiOHE!:;' Item Number: Item Summary: F'ur;!1 pr,w;:)r, rt"cu~';' ,: D~(' . ~ .eI, s, ~'I :;1 De" ' IJ,';nCiJ' "'rO'lf<:r,-, 1r Ir,s ~"., I\'I.'~' Meeting Date: ....!',<': Approved B) J~"\":; \' iV,,,,,:1 _G.""\, ;"""CW' [13"" p"",d of:>Hmt\' :,orrn\lf,S;Oners (:()un~\' ;'''''''11.'1'' Cfh", 711 ii<' ;G~ 12'i;4P~/ ,'-"" ,,-~... file:.! .!C:\^genda T est\Export\X7-JuIY(YlI2024, ~/o2()20()7\06, %20PUBLJ C%20PETITI ONS\6D\.. 7.!18/2007 !TS'm N,J. 6D -iu:y 24, ,,20(1= :-.I8ge .!- of ~) COLLIER COUNTY MANAGER'S OFFICE 330t East Tamiami Trail . Naples, Ftorida 34112 . (239) 774.8383 . Fax (239) 774-4010 July 11, 2007 Mr. Blake Gable Ave Maria Development, LLLP 2600 Golden Gate Parkway Naples, FL 34105 Re: Public Petition Request to Discuss Impact Fee Deferral Program to the Ave Maria Project Dear Mr. Gable: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 24, 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. JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator : !~,,,,'\ 1.- .~.,-/ AVE MARIA J:"';~' 20C'I F-~age of::: D[VEI.OP\lEN'r, 1.1.1.1' July 10,2007 Mr, James V. Mudd Collier County Manager 3301 East Tamiami Trail Naples, Florida 34112 Re: Applicability of Collier County Impact Fee Deferral Program to thc Ave Maria Project DcaI' Mr. Mudd: We respectfully request that the referenced matter be considered in the public petition section of the July 24, 2007 Board of County Commissioners hearing. I will be available to address the matter before the Commission and would be happy to provide whatever infom1ation or documentation cither you or thc Commissioners believe could be helpful to them. ~~;1'~);1/ 2Ske Gable, on bebalfof Ave Maria Development, LLLP BG/tpp F:\\\pdllCS\RE\Nt:w Town DCI'clopmc:nt\A\'c MUI1:t (8l)42)\Mudd Ltr.doc :,_,,(10 CuIJt'!1 (;,11<: I'JrkwJ.,. ~,lpll" Hur,dJ ]'11":' T('I -,"" ;'1,"2 1/, 1)0 '1:,1.'\ :'.,"j(l:;' "SUfi \"W\': ,;,'e"i,";-' f"'" . Pagetofl A ~e:lda Item !\)o. fiE: Julv 2,( 2007 PS(jP 1 of7 COLLIER COlll\'TY BQARD 0" CatHEY COMh1ISSI0NEP.S Item Number: Item Summary: 1)..ltJi'~ :11'11Ii,,,, r(~ClilP' r,i " eWe': '" ;w~ :-",rrw" t: (HSCI,SSG8S8Inent 8(C,;SSro re8C: ~XGD.,I',\, Meeting Date: Approved By Jam%V.MlHJcI COUrt1'! rJiarw"c, Dalto 8MrdofCoumy C"mmj'>SIOller~ C;cuml' ~"snt\c;w"<' O:'tico 7!lC'2(j()7 1~:(l5 PN file:! IC:\A!-,-cndaTest\Export\87-July%2024, %202007\06. ~;120PUBLI C~'020PET]TI0NS\6E\.. 7 j I X/2007 Aaenda Item I\to. 6E ~ July 24. 2007 Page 2 of 7 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 July 11, 2007 Guillermo and Carmen Pena 411 Golden Gate Boulevard West Naples, FL 34120 Re: Public Petition Request To Discuss Easement Confirmation In Order To Access Property Dear Guillermo and Cannen Pena: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 24, 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 concem 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, ~es':~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator JuliO 2007 12:03PM 239-963-8511 ::9;1: I'~'~ ?:: J~:i-'~i ~,r. 2007 6age 3 of I' " ,. , . ReauHt to SDMkundel'PiIblic Petition ", Pi&aB8 9](DIBin In",9&taiJ the rMsOn You aM;i8aI~na 1D RD88k' (attBm 'addttionlil : Draa. If ............ItDnI'i:. . . I~ fl.E~ rtJ~~m;sr;,I~~€(Lt:>t; f'tJf.. (Y)1~).\I.~hs. ~ ~ ~ oP.f.EftE~iV1;>S.~ ~N ~{9..1j'. .... . ~b\fiLJnm"ii)~,.,o ~ fili f~-,-krr~ ~~S .. D~ of- ~/fl~k~~.~70"'J&;P$,'1'll ~. ~~ r I1lt sklul.,[)/'JT ~"7?>fMj A,j~'Il> ~G~/AtJ.s ~~ 11'bUPrD~ &eI;~ JA6f.l~ ffil..t..6m ~~ l..6\i DWrJ~ -to A/ltI~~~~~".. ..' . .... ! t PIHse exolain in ~ii the. action'\lDll 81e lIBkinothe Commission to take .(lItI.lIlch additional DGe If. ..-----I'Y): ~ uJ~~~~ etIWa>-TO~~ri~"~ -rnr-GML.~ iT) i,(iih-%/;/f)lY'6 Iti.UYIlrs-roLLSE r:l!ILta..,J1L F:IDfITA\PImT1ON POlJCY FOR PUBUC PS'TlTIONIPu..._. ~FClIIILcloc .',' . .. JulIO 2007 12:16PM 239-963-8511 Aaenc8 item 1\fO..?:: , i, '1\/ ';'L ')!Jfii . " "Jca?~Bi~,:)' of7 <.; .' ,."~. - ~~_........,"''' ~ ~-~... OlIvia, Mich.., (MIchMI.08visOmyftoritlIlhCllHlll.gcw) Thurad.y, May 31, 2007 .:52 PM penatruoking@CCIl11ClIIt.net . -= CIl.,*r 704 704,05 Easement& and rights of entry. .L iJlak.&.ex{!c~tiva..nA nI. C ti ...... lion . 'm 10 . l B 'h . 7v-.,VQ Ol'lSelVll on .eeITleh_; CI'llIl ; aequlS on; lln rcemen ~ter ~~ ~mlttees -- ~. ; i ~. ~, ~ ~ 51' /'2007 . ~.I '. · ELomm Statutes . Search Statutea . Search . ~~~da 704.03 "Pl'llCtk:8ble" de&Ied. Constitution . . . Laws of '04,04 Judicial remedy and compenaatlon to servient owner. I"larida !D1 Se8rdlStlllutes: l:JCl!l Select Year: 12.~.. II The 2006 Florida Statutes CHAPTER 704 eASEMENTS 704.01 Common-law and statutory easements defined and determined. 704.02 When lands enclosed, penlOn using easement to maintain gates. 704.01 Solar eaSements; creation; remedies. 704.08 Cemeieries; right of ingreM and egress for visiting or maintenance. 704.01 COmmon-law and stIItutory .........n1a defined and l\tI1IIIrIl'ilnad.~. (1) IMPLIl':O GRANT OF WAY OF NECESSITY,- Tne oommon-law rule of an implied grant of a WiltYof n8C888lty is hereby recognized, lpeCifioally adopted, and. clarified. Such an implied grant exiata Where a penson nas heretofore granted or hereaftel' gram. land. to whlc!1 there is no aCC888ible right-of-way except ov&r her or . h!& I8nd, or has heretofore retained Dr herell'fter retains land WhlCn is inaccessible except over the land whidJlho person conveys. In such In8tancei aright-of-Wfiy Is Plllsumecl to have been granted or reserved. Such an implied grant or ENisement In lands or eata_ oxista where there Is no other raasonllble and practicable way of egra88. or ing~ and same 1& I8880nably nt!tce88ary for thll beneficial UIl8 or enjoyment of the plll't: granted orreserwd. An implied grant arises only where a unity of title existB from a common 80Urce other than the original grant from the$late or ' United States: provided, hClW8Yer, that where there is a common source oflilJe . ',. '~'i_:.. ','. ul 10 2007 12:09PM 239-963-8511 . oc .'Tit ID 00228040004 002:l8040004 ~.._.~ PBIIIA, quIT.T.12DIIn.... 'CADIBN 48Z'31 007,0003831 411 ~.~TB BL~" ,. /p 33!i3 / 2418 . .., . r:iA.TIi 7 0803. ..-J3i'U $AKT 35000 ACRES 50.00 TlUl-:> 48' 29 31 ~l 3148 29 81/2 :01' ~/4.0r SB -2 1/4, B:l/2 or Ja./20lt 1IWl/4 01' ~3 SEl14, 1n/2' or SK1/40rSBlj4 -4 . ..-% CUR.R.Br!'-B4IIrr 'BMS'l"O-X , lOOt-X $ -X SR-X $ i VET-X $ I . CIV-X $ I BI.D-X $ t WID-X $ I AG-X $ WH-X $ \.',\,":".:',' ::~\ \,~ 'f. T._'. IlIC '.. ~ I , i , t f~ j ~#1 ,:#J , . CBRTI!'IJIi) '* ,*, .. .. '* '* '* .. 'COLLt.~;. ,S -'r.aX ROLL..... ' * * * * .' .' ..: * USA.. CIl:: . PlBI.IM.:'2:OO4,. 39<J00 " HAPLBS 341.20 2168 cnT-Z003 35000 itsm !~:..r~~. 2~~, ZO:;.7 :: C)f-: 3'000 35QQ(l' .' . 350'0<( :ill,2.... . ' ia.43 .70>0() (SITE) -> TRS= 462931 . :R:B:$47.7 490.~e CB482931 1"l. tlpd&te {-03 - ,;JI-f;,t. -. ..t'.... (,"< :,1,' 1{X j i I I I i. -[. i , ! i ! , , I I [: ,. f I l' ,..,'".' ~'. i; ....~J .i-,'"'' ,;.. , .t.'.~, . i;L,~.:'~t~,:j~ ,:""" : ~,'i. "~ ~'. '. , ,1,/.. ",'It ;' '~;,:.: . '~i, ' " " . ""'~"'"...''' .,. :';;;:<1.'~:';'~'" . ,,'" ~~ ,~'~ . ,(.,i.':~'" , /.. , ~. , \ : ,'. .,'.-: . !'L lJg.LND$ L-USB IMP $ Mlt"1' $ ASSP $ TAXlUlEd $ 35000 35000 3.5000 . ~',' ., MILL-CObB 242 0l'1'!' $ . ~45. 66 1IIS'l'O $ S-SL $ ~3e.g2 MMB$ S~L8 $ 89.43 ISO $ CITY $ VADP 1; -CBRTIPI:15O AD-VAI.oRJlM~ (2003 TAXES) ~ $ MIU,-R.ll.TB 14.0193 -2003- . .1"DlAL. " "....:,... . . ~ ,"- .... . "I ",' ~ , . ". t.;' ..'t.: Ju1 10 2007 12:09PM " i ! ! l- I ,. , , , \ -+- ~': :ti , . ,,",:. I .' i i ':11I , f lip I i . II I \, 11111; ,. i f. IUl!li~ { I I i q . ! I n , IE , , f , r I , i~ "~:I t: ..'Ill, !f.' i !. ~ II ~~.~ I I ~~ II I , ; , , 1 ! t ~' . I ; I I , I I' , I , . ; I I I i I ":~ 1 III> , I . , " ; i \ I I' I j , I I , ! I I \'.' !: G '" I ~tf" ;.,.y. II it , , ~ ~ . IJ . QQ.... , .. . , . .... ill. ...... 239-963-8511 ,il,aenoa ilsm I\IB. ec - Julv 24. 2007, ';:<a~B 6 0;' 7 . . I ~ 1\ \3 J""'" \ CI ot ~ \ Ii> a b" ~\;.~ , '. .\ j~ ....,..'. ~ .,. ,~~ ;':!', C1 m~ .. .. p . ~:.:, "if:'; ~;i. .. '..,' . I '.~, < JuliO 2007 12:09PM " l'l' \ , i t i i ! , \ ~ I r i r I I' , \ ! , I I , ~ . i I , I , I i i I. I I I l I i , l 1. , I , I i \ I I ~ I I I I I l i: I I I ! II I~; . 11(1) ~. \ lit -+- t !inl I II II. rUllr '111111' ' I 1-\' ' If I'] q I~ i~ ~; :1'" ~~ ~! ICE I , ! I , ;. I " (-::' '. Y'; '?: ,. I; B " . ~ 'i~ 239-963-8511 ;:9;-ii ;-,.r:..~ C3 mr: ,';i; B 'f ~ :<i .' . ~ \. ~ ! ! j .~. ~ J;' ~, ~ I ~ ~ . "I: 'I 1 'I' S S . ~..............._..!. _..... .Yn_..:._..nt:!;.._~n .._~__u. .....~ . Q .' ',; [;1 ,..1 ~ '.'. G 13 ,., I It , \' ~ .' ~ ;~ Agenda Item No.7 A Juiy24,2007 Page 1 of 34 EXECUTIVE SUMMARY V A-2007-AR-1l459, Sonrise Properties of Naples, DBA Sonrise Building Company, representing James and Lavonne Williamson, requesting a four-foot front yard variance from Wyndemere PUD minimum standards of 40 fect to 36 feet, for property located at 186 Edgemere Way South, in Section 22, Township 48 South, Range 26 East, of Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) determine whether the requested variance is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code (LDC) , and to ensure the proposed project is in hannony with all applicable codes and regulations in order to make certain that the community's interests are maintained. CONSIDERA nONS: The petitioner requests a four-foot variance from the required minimunl 40-foot front yard setback, as required in the "Wyndemere" PUD residential development standards, to 36 feet to allow for a garage addition of a single family residence to accommodate the property owner's second vehicle. FISCAL IMPACT: The variance by and of itself will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: The site is located in the Urban Residential Sub-district on the County's Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests. AFFORDABLE HOUSING IMPACT: Approval of this variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not noooally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: Page t of3 p,genda 11em No.7 A. JUi\j 24. 2007 ~ige 2 01 3~ The CCPC heard petition V A-2007-AR-11459 on June 7. 2007 and by a vote of 6 in favor and 2 opposed recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of denial. Since two Commissioners opposed the motion, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is asking for a four-foot variance from the required mmlmum 40-foot front yard setback as required in the Wyndemere PUD residential development standards to allow for the proposed garage extension of a single family residence. Petitioner converted a portion of the garage into multipurpose room, and requests the extension to accommodate a second vehicle. The granting of such a variance is pennitted under LDC Section 9.04.02. The Planning Commission voted 6-2 against the request. Reasons given for the recommendation of denial included the opinion that conversion of a portion of the garage into multipurpose use was a self-induced hardship, and that if the community wished to reduce setbacks, it should be done by PUD amendment. The attached Staff Report and recommendations of the Planning Commission are advisory only and are not binding. Decisions regarding variances are quasi judicial, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed variance is consistent with all the criteria sct forth below, and the Board may question the Petitioner, or staff, to satisfy that the necessary criteria has been satisfied. Should the Board consider denying the variance, to assure that that the decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request requires three affim1ative votes of the Board. In granting any variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in confom1ity with the zoning code, including, but not limited to, reasonable time limits within which action for which the variance is required shall have begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the zoning code. Criteria for Variances I. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. o There are 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. 3. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Page 2 of3 c~f :?!: 4. 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. 5. 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. 6. 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 puhlic welfare. 7. 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. 8. Granting the variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Office and is sufficient for Board action. -JAK RECOMMENDA nON: Staff recommends that the Board of Zoning Appcals (BZA) deny Petition V A-2007-AR-11459. PREPARED BY: Willie Brown, AICP, Principal Planner Department of Zoning and Land Development Revicw Page 3 of3 l';!!:,<':'\" I i'(-TI -1:'1 Faq- COLLIER COUNTY [<lARD O~ COUL'T\ COMt.1iSSla~jE.RS Item Number: Item Summary: iCer,' "',il! r..J W;'C,H'," ',\Vc;r~ ':I';^r<;.J" 'n'.'-- 'a' '-<1.;'\' c",'lF:~ D' , ,~, '" I 'l"OT)I" , 0;' NdDI'c'" "~,"~ LJII(lI'iC.: (,0"::""" -eUJ;J' "rJ "J: ,~_' t-'C',"vvrncr,p,e_(lj';1Ir'.';--i'I.."'''''deJlll!)C'V''():;:lICr' ''CT,' ""J l'h "~I""'U [;;1(:' I'u' ~~ t~, "I'" ''(')\''11 ,~';, In", ~ r 0, .' ,,' 1~1' '~--:'Dn HI "~:11' 0",""lv"..nl- ~,:w '" :~, t,f ""-' "UliPC' -';"("--'VCO'1',',I' au s ':, IC: I ~ ~. 'H - .~ ;J --;)-:1",'''''''' I::; \/,..'yr](JUl1"'T J;W" SU:)"'.c'h U' ,'.--1' f),I'" '.-:1: "",""1 -.,,'n :J:1"IE' 1.',(. ";c';mITI."SI(; Meeting Date: :,x."'- I'repared By Willie-brown "'rln;;i!,,,, Plul1"~~ D~te .:'(Hl1mU<111V Dev0lannH!p':;' ,:,wironm'-nt,;IS'HVIC",' ZOllll1g&'c.M't! D(>,,'(1Iupmcnt Rtwinw Gi29120(' 7 1 () 17 4f. A t,,~ Approved B) k~/ ,,'.ell0w~ Cke'r'i"<1''''' eJ;m ComrHurHt\.'[kv'IUlHTWrlt& E'nvir()IH1Wm,,' :~erv'~'" :'(;n,,'u I> LM,d [wv(:lopment Rcvi'~\' 7'2/20C1LtfPrJ AppnlVl'd Il~ M",len', :-;I<'W"'" EXU;U';V\.-S"C,,'t3'" Dale '::;um""Jn't'/ l)(>,,'loprm<nt L ;';(1mmunotv ::Jev~I"pment /; Fn"<rorlflttH'ti\' S,."..ic,,' f;""JI,arH'lcnt"i ',~et'"wcsA,j"w ,:;:f2CT1:2JPI/ Approved n~ I-,)acm E_ ",.,nCf rliCt' 1r'''IH''Jrtll\1",.,C;'lv,~lonAarnllr;\r.1tor Dm0 - ..",:c,r,r;"",,,,n ':' 'r~,c,." 'Iran"rxntni"'cS['r\'i"'f'~r,dm" .. ']/2('~7 \', :'~; A 1/ Approved Ily ",,,~nr L',,-IP'C"j. Me' (on;: ,; [. i.~nd lj'!,'eIGp"""')t L '''C'~\') ~.!~l ' C",nmlJTlI:V" ""L>'O[1"'''''1:;;' E,~'Vlmfl",()nj;-: "('~,,c(''' Lem,n; &. i_a~,d DVve!c.!lm",r:, f'(,,-'IC'''', ';,'~,'2C;7 1::l-~i 1\1/ Apllnl\'ed By .ic'<-~ "'. i" L'i\<w.- I'.~,,";';"-': ~ O'."~ ',: ,c" n"""e~ u~\< C'-'lmt,'.""Qr:,c" ''>H,'''''i r\IW""'\ ()f~IV' i~-'2,:~~ , on D'" Approved n~ ",,'Wl';\Ir"~V :}e'.'c<'pmc~t'>;' ,',.)\', ,n,,,,-,"!',, "c"",,,j l:n""')("'''''"r~' ~"""'\"C"':' '\dmlnc;!,;r','" :,<1",nl'n;lVL"""lt)ijrllen' ^ CG"""""l'"L',veiClpm""r& ""1:"" i,I'" '\'-;'{;'-:"'""l;' ',f,r'il:"" ~.;1'-' )nn1er",,, :''''''':(!', ;:\0~"'; Approved By :;r,'U(.t.",-dmcm,r l'.t'I,ll"aliN,,\f.\n~I'.!si l'nw Adll"tl'ci".:t,v,. "",,'JI int::t,matl(m T~Lhnot()'W 7.'9{:.'007!J.3:f,)j APIHU\,(>d By r,',i,'i'. is"ck",-,~. uu[j,:,,",p,nnl''-3t :lj," (:nunt,!r';:""";,!c'''coClfilc;, ()ft'C1: Gf t.',"n,'gcm~n\ a ~;ud,,~t ."H :0(\,,7 '~.:n r';- Appro\'ed B\ .)"t'l",,,,',Jr:iudo CDu",y:viDna,,,,' Date [IO"cuoj--;ounrv C:omm'",SfL'lH''''' Cr)e1rn', r,;,.'1n"'-Ie"s Officii' ii11:2C1r,i1i.:Y,AI.,' file:! Ie: \AgendaTest\Export\87-July~'fi2024, %202007\07. %20130ARD%200F'Yo20Z0NiNG.. 7/18/2007 AGENDA ITEM 8-B P,;.1Sr::J2 item 1\18. 7.1.:... 2"'-, 20Ci -..;;:;... Co~T County ~ ~ --= STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: of =',J DEPARTMENT OF ZONING AND LAN'D DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONl\1ENTAL SERVICES DIVISION HEARING DATE: JUNE 7, 2007 SUBJECT: PETITION V A-2007-AR-11459, Wll..LlAMSON REMODEL V ARlANCE AGENT/APPLICANT: O'WNER: James & Lavonne Vhlliamson AGENT: 186 Edgemere Way South >Iaples, FL 34105 Sonrise Properties of Naples d/b/a Sonrise Building Company 3884 Progress Avenue, Suite 4 Naples, FL 34105 REOl.jESTED ACTION: The petitioner requests a four-foot variance from the minimum front yard setback of 40 feet as required in the "Wyndemere" POO to 36 feet 10 allow for the proposed e},:tension of a garage for a single family residence. GEOGRAPIDC LOCATION: The subject property is located at the northwest comer of the intersection of Bramblewood Point and Edgemere Way South v.ithin the Wyndemere POO. It is further described as being located at 186 Edgemere Way South. (see location map on the following page). PURPOSElDESCRlPTION OF PROJECT: The applicant has created a multipurpose storage/office/safety space in the garage and there is now a lack of space for their second vehicle. The proposed addition to the garage would reduce the existing set back from 40 feet to approximately 36 feet. The house is on a comer lot, and has 1:\\10 frontage setbacks of 40 feet on the south and east sides. The proposed addition would be located on the east side of the home. V A-2007-AR-11459 1 CCPC Public Hearing June 7, 2007 . <C~7 I"-OC':' ,~'- '''-''''J 0 ":-(Q ;'~ eLl 2 gJ n. '" 'S2 iD 0', ~ o ::> Co H.S J.$1ll-t$ .1; ;j " . I I , as is 4lgg w 0) N ::> I I I , I I , , I \ I I i ._'-- J""I?:O!lOtl ! 'E- I ~I i:; .~, , ~ z .!, ,., ! w 0 " , '" "'H; . ~~i - j~i I ! --' _W g" g"' 0 ...., , " (jj ! ..........- ~~ l-Z 00 ! w- ~ ~!;< 00 i- t, f" =:~ , ~g i~ ., ;e" .I S:; -" , sf - ~- ~g ;;l\ jl ~ ~ Ii ~ ~ .. ~ ~ Ii'! 0 , i- I" ll,l ~ I ~g '" ~...~ , . , , ~ Id~ ! o;::s "' ) ~ -- ..; laOS' :;;~l! , I! . ~ <>~ 'll I '" .....g~ ~ L i- '~" ~s " i . ., " .< .. s ~ll" ,1 l i- i- ~l;(gi" ~ ~ I r" < ;~ o:f'" ~:r ~~o; ,- .,It] j. B ., ~i! .. II ~, ~: lhl ~~ .. ii' .. ., , , .- i ," ~!i . , ~l l -- . ., Ii _~L"""" i!: , ;1 !! , - ,. -- ! I ~~i I), 1- ~ I , .Il,i!i . " ! ~ .. ~: UlO " ~..e ~ " , I I I a... <:( 2: I~" . ~ 0' ~j h .L ~I -, !-':: !! 11 SJ C) Z Z o N . ! '" "' " ~ ~ " '" .... 0 0 N , < > "" z 0 f- ;::i WI 0.1 a... <:( 2: z 0 - I- <:( () 0 ....J ~~ i I ~':l i ~~ ~. f'-.genda Item t\io. 7,11, Jui\/ 24. 2007 Page 7" of 34 Existing Garage Aerial Photo VA-2007-AR-11459 3 CCPC Public Hearing June 7,2007 . L\;19na8 item !'.jo, 7 P. 21 20(',7 F'a99 3 oi ::;~ The existing residential structure meets current setback requirements according to the following table: Front yard Side yard Rear yard Wynderoerc PUD Residential Development Standards 40 feet 10 feet 25 feet - E-i c~...,. 0-",-, ci ~ >-'4 TO ~O II. '-:'- u ('1 . . I-'-i (J I' ' ':S:"AtiJ , :"~O'-' ~f ~ ~!~:? 1 _ ~ a~~'-' -=--- " g 0 f!!:i1 J ". . . , r'r.IfrIt' (l') r-.t . r1-, l1ll" ".CIl ~~) ".~,' ~ ~ r:q p AItCE1 e-:.:l s 89'~4'51' E m-4i 10' D,E. & U,E. w ;;i ~ , hi g ~ ';'~2J: o . U ~ dci ,... nl:O~. < DO ~UQ . ~",~g , ~~ ~ .. llJi' . ~~ lo ~ LOT 4.6 , "' "l" "... " l....r &_ -~~- --+----" SURROUNDING LAND USE AND ZONING: < ., :.; ~ '" P::. , ~..... - ~J oJ. '.~ 1 ~ ~ ct! t ~ "" ''2 "-J c5 Z 1l<l,J ~ ~ ~~fJ .~ . r~IIt.T , . Ll4I . - o l.Q s VA-2007-AR-11459 4 CCPC Public Hearing June 7,2007 :t9t11 l'Y;., 7.< ~L..:1 2JC;7 ~1 c.'f 3"'-: S ubj ect Property: Single-family Dwelling: zoned PUD South - Single-family Dwelling across a Wyndemere Golf path and preserve area; zoned POO Single-family Dwelling across Bramblewood Road; zoned peD Single-family across Edgemere Way South; zoned PUD Single-family; zoned P"lJD Surrounding: North - East - West - Zoning Atlas PUD 'k"'\1-.lDEMEP.E \. 4J{", I r<0l" ., ,. ~ 'I , I, \ ~1:l\/1.:5 ,: - '\ ~ \ . 'I,' ... ..,. --' ,'t:::. '.' 1.\ , ~ ---..-- . "~ ' ---, ~:%\ !Z:i'~ '11 ~;--- ~ ~~~ :lQo:S 1& 14Ii~\:)O.\ '!:l ~ Ill' ~.r-l . E "" I'" .;1 ""I I' 0 ~ ~~~~ r,- ~- 221 l.c..,. \~j !6: I ~ ..J----;;r. '-Ie:' ,-1-1 ./~ $r~ If) 'C'I""'\i\~""-y/! - "- "'1= ",'" ~I: "'.i~'I"i'\ \J~.:J l', ~ ~ _;.'-:--- ..c:::..~~7 ' r ,,"--_ElL: rT"" ;:,,1, -i- l cttn..::n":::!: I ; " ,I j I I:" I I' " r . ' , f.; 'i i 1 i \..:..... ::oc..--:-r-..~.E w.:.y S():J~ Q ~! Mt 61~(~,~ ~I ~l ". Subject Properti GROV>'TH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Sub-district on 1he County's Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it deals ",-ith the larger issue of the actual use. As previously noted, the subject petition seeks a 4-foot front yard variance for the existing single-family home to extend an existing garage for additional space. Both uses are authorized uses in this land use designation; therefore, the single family home and accessory use are consistent with the Future Land Use Map. Staff concludes that the proposed use for the subject site is consistent ",-ith the Future Land Use Element (FLUE), although the variance request is not specifieally addressed. EVALUATION FOR IMPACTS TO TRANSPORTATION. INFRASTRUCTURE ~"''D EI\,'1RONMENT: VA-2007-AR-11459 5 CCPC Public Hearing June 7, 2007 . ,:\qenda IIem l\lc, 7IJ, July 2.1, 20Ci7 ;0 of 3~ Approval of this variance request ",'ill have no effect on infrastructure, transportation or the environment. A.NAL YSIS: Section 8.04.01 of the Land Development Code (LDC) grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and milizes the provisions of Section 9.04.03, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 9.04.03 are as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The existing dwelling was designed to meet the required setbacks. 2. 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 yariance request? Yes. The fact that the subject property is a comer lot with 2 front yards abutting 2 residential roads on the sides fronting the proposed garage extension could be considered a special condition: however, it is not unusual. 3. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue bardship on the applicant? No. The existing dwelling meets required setbacks as provided for in the PUD residential development standards. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonahle use of the land, building or structure and whieh promote standards of health, safety and welfare? Yes. The current residence, consrruc1ed within the existing setbacks, is a reasonable use of the land. However, the requested variance is the minimum required to use the land in the manner requested by the petitioner for more efficient use of space. Because the residence is a corner lot with excessive front yard space, there likely will be little impact on public health, safety and welfare if this variance is approved. VA-2007-AR-11459 6 CCPC Public Hearing June 7, 2007 !t~;n--i 1\)0 N\ J~!\ ::::~ 200/ ~~aps ',1 ::;f 3d 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? Yes, the granting of this variance v"ill allow the petitioner to have a smaller front yard than other dwellings fronting Bramblewood Point within the Wyndemere PUD. 6. Will granting the variance be in hannony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, the lot is a corner lot and the garage extension would be far enough away from the Bramblewood Point/Edgemere Way intersection that it would not impede vehicular visibility or sight line distances. 7. 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 proposed garage extension, although four feet closer to the property line, remains 36 feet from the front property line on the side aburting Bramblewood Point, and is greater than 60 feet from Edgemere Way South road. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance ",ill not affect or change the requirements of the Grov"th Management Plan. As of the date this staff report was prepared (April 16, 2007) no letters, either in support of: or in opposition to, this petition have been received. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOM,VlENDATION: The EAC does not normally hear variance petitions. PLM'NING SERVICES STAFF RECOMMENDATION: Because there are no land related hardships, staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA-2007-AR-1l459 to the BZA \vith a recommendation of deIual. Should the Planning Commission wish to approve this request then, staff recommends the following conditions be incorporated into their recommendation: 1. The variance granted is limited to the front yard encroachment for the eXISTIng house, located at 186 Edgemere Way South, as depicted and more particularly V A-2007-AR-11459 7 CCPC Public Hearing June 7, 2007 ~ t...geilG3 Item l'-Jo, 7,A, 20G7 Page of 34 described in the applicant's site plan dated "September 7, 2006." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater 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 confooo to the provisions of the residential standards of the Wyndemere PUD in effect at that time. PREPARED BY: l\\J.Jk ~ow(\ 5 Ilk. \ 0") WILLIE BRO\VN, PRINCIPAL PLA.c'rnER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ATZKOW SISTANT COUNTY ATTORNEY t7 11'/7 D~TE ..r~ Ri\ '(j NO V. BELLOWS, ZONIN ANAGER DEP ARTMENT OF ZO},TING AND LAND DEVELOPMENT REVIEW 5 (({in DATE v1L/ ~~s:fu~ -sUSAN Y ISTENES, AlCP, ZONING DIRECTOR DEP.o\RTMENT OF ZONING AND LAND DEVELOP\1BIT REVIEW j /z:/o? DATE APPROVED BY: A~~~ JOSEPH K. SCH11ITr. ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRO},lIofENTAL SERVICES l/ COLLIER COUNTY PLA.N1'I'ING COMMISSION: .' flU ' '4 L,:/ U~ ,Po STRAIN, CHAJRMAN Petition Nu'mber: VA-2007-A.RM1l459 \ -/"~IIO~ ,-'7/f:7f ( DATE G, ~,- Cf DATE V A-2007-AR-11459 8 CCPC Public Hearing June 7, 2007 :19ITl i~c.: :'.L, 2,~ 20C7 ~ '-.'; ~.L. - Attachments: Exhibit A - Application Exhibit B - Mfidavit Exhibit C - Resolution V A-2007-AR-11459 9 CCPC Public Hearing June 7, 2007 . p,oendd Item No. 7/-' ., JU!\' 24 2007 F;age 1.1 of 3,1 (i) 2800 NORTH HORSESHOE DRIVE NAPLES, flORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COWER COUNTY GOVERNMENT DEPT. OF ZONING & lAND DEVELOPMENT REVIEW WWW.COLlIERGOY.NET VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DlSTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PlANNER VA-2007-AR-11459 PROJECT 2007010017 DATE: 3/26/07 DUE: 4/9/07 Above to be completed by stqff APPLICANT/AGENT INFORMATION NAME OF APPlICANT(S) JAMES F. & LAVONNE WIWAMSON ADDRESS 186 EDGEMERE WAY S CITY NAPLES STATE Fl TELEPHONE # 263-3448 CELL # FAX # E-MAIL ADDRESS: ZIP 34105-7135 NAME OF AGENT SON RISE PROPERTIES OF NAPLES, DBA SONRISE BUILDING COMPANY ADDRESS 3884 PROGRESS AVE STE 4 CITY NAPLES STATE.B, ZIP 34105 TELEPHONE # 261-3433 CEll # 289-4240 FAX # 262-3400 E-MAIL ADDRESS:RANDY@SONRISEBUILDING.COM Variance: Application rev, 12/23/04 Page 1 of9 Exhibit "A" "'-~U:i':i[? ~c~~ BE AWARE THAT COWER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSElF"'Cc .l r ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE Ii REGULATIONS. 1 ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: WYNDEMERE HOMEOWNERS ASSOCIATION MAILING ADDRESS 98 WYNDEMERE WAY CITY NAPLES STATE fL ZIP 34105 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF MASTER ASSOCIATION: SAME AS ABOVE MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP PROPERTY DESCRIPTION Legal Description of Subject Property: Variance Application rev. 12/23/04 Page2of9 T AgenG3 iLf:m 1\.10. 7 A . Juh 2L 2007 Page 1 ,3 of ~)4 Sedion(fownship/Range 19 /49 / 26 Properly 1.0.#: 83341840001 Subdivision: WNYOEMERE LODGINGS SECT 1 Unit lot: 46 Block: Meles & Bounds Description: Acreage _34 Address of Subject Property (If different from Petitioner's address): ADJACENT ZONING AND LAND USE Zoning Land Use Residential N S E W " " " Minimum Yard ReQuiremenls for Subi!rl Property: Comer Lol: Waterfront Lot: Yes [gJ Yes 0 No 0 No [gJ Rear: 10 Variance Application rev. 12123/04 Pa.oe30f9 NATURE OF PETITION "~!;G,:::,:~I~~lC F'ag;:: -i" :J:',.:c 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 25' to 18'; when properly owner purchased properly; when existing principal structure was built (include building pennit number (s) if possible); why encroachment is necessary; how existing 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. The Mrs. and I purchased our home located at 186 Ed2'emere Wav South April 15. 1991. With all the hurricanes Pla!ruilll! Florida in the last few vears. we have created a mnltipurpose stora2'e1officelsafetv space in the l.!:anll!e. This sDace creates a prl}blem in that we can no loneer fit two cars in our l.!:ara2'e. Therefore. we wonld like to extend the front of onr earaee to accommodate our second automobile. The proposed addition to our earal!:e would reduce the existinl!: set back from 40' to apprl}ximatelv 36'. Since we are a comer lot., we have two front3l!:e setbacks on 40'. on the south and east sides. which creates a bit of a hardship conceminl!: exJlansion. The proposed l!:aral!:e addition would be located on the east side of our home. The wav the house is situated on the lot., our front elevation faces south and the side elevation faces east. 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.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes, The fact that we have two 40' frontaae setbacks to deal with conceminq expansion. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the properly which is the subject of the variance request. No Variance Application rev. 12123/04 .Page 4 of 9 . ,L,genc;2 iteiTl 1\;0. TA ;u,bv'''Ll ':lory' ~ '. ~~/ - ;:1, Page ,d Df ,),:+ 3. Will a literal interpretation 01 the provisions 01 this zoning code work unnecessary and undue hordship on the opplicant or create practical difficulties on the applicant. Onlv the setbock requirements. 4. Will the variance, il granted, be the minimum variance that will make possible the reasonable use 01 the land, building or structure and which promote standards 01 heQlth, safety or wellare. Yes. 5. Will granting the variance requested conler on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Yes. But we live on a corner lot which has two 40' setbocks in place. Most common lots onlv hove the frontaae 40' setbock. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be iniurious to the neighborhood, or othetwise detrimental to the public welfare. ,.-0-- We feel that this chance to our home will enhance the appearance of the existinc elevation faeinc our neiqhbors. The approval of this variance recuest will not cause anv harm to our neiqhbors or our community. In fact, the Homeowners Association has qiven it the rubber stamp. 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. No. 8. Will granting the variance be consistent with the growth management plan. Yes. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPUCANT 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 AU PUBUC HEARING ADVERTISING SIGN(S} IMMEDIATELY. Variance Application rev. 12123/04 Page 5 of9 VARIANCE PETmON (VA) APPLICATION SUBMlTIAL CHECKLIST '-.U'::; i~,';; ;l:::",J'i~'~.' ],,: 20 -;~, or ,~ THIS COMPLETED GlECKUST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER USTED BELOW W /COVER SHEETS AlTACHED TO EAGI SECTION. NOTE: INCOMPlETE SUMBIITALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Completed Aoolication (download from website for current form) 15 Pre-Application meetina noles 15 Comoleted Addressina Checklist, Siqned by Addressina Deoortment 1 Conceptual Sile Pion 24" x 36H and one 8 1j, " x 11" copv 15 Survev 01 orooertv showina the encroachment (measured in feet) 1 Owner/Agent Affidavit sianed & notarized 1 Deeds/legal's 2 location map 1 Aerial Photogrooh (taken within the orevious 12 months) 5 Electronic copy of 011 documents and olons (CDROM or Diskelle) 1 Historicol Survey or waiver request 1 Environmental Impact Stafement (EIS) and digital! electronic copy of EIS or exemption justification 3 FEES: o Pre-application Fee $500.00 (Applications submitted 9 months or more afler the date of the last pre-opp meeting sholl not be credited towards application fees and 0 new pre-application meeting will be required.) Review Fees: o $2000.00 Residential o $5000.00 Non-Residentiql o $2000.00 Sign Variance o After-The-Fact Zoning/land Use Petitions 2x the normal petition fee o $760.00 Estimated legal Advertising Fee - ccpe Meeting o $363.00 Estimated legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $2500.00 EIS Review OTHER REQUIREMENTS: o o [} , k' '>dfi)L.. r.:r W,jj /UMn~ (I jlentlOwner Signature Variance Application rev. 12'23/04 1&.;7- '2-LI-07 Date Page 6 of9 T Ii' \tV ,L\genc2 :tem [',jc;, 7/.". ,July 24, 2007 Page 2C: of 3: AFFIDAVIT o r ',)J U~OJ..xnM<-< '1 .'7(.1 'J (i"~-,,,,---, Signature of Property Owner We/I, Gn1eSl[1J UDliiUb); //I()/f):iJIJ being first duly sworn, depose and say that we/lam/ore the owners of lhe properly <:k>aibed herein. and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, 011 sketche.:;, dafa~ and other supplementary matter offacl1ed to and m~ 0 pori of this app(;cotion, ore honest and true to the best of our knowledge and belief. We/lundentand that the information requested on this application must be complete and accurate end that the content of this form, whether computer generated or County prirrfed shan not be crltered. Public hearings will not be advertised vnfil this applicafion is deemed completer and all required information has been subm;Hed. ,,' () As properly owner We/ J further outhoriz",,-Sm n'~ vJII~ C DKLfl-!. (f ;n any matters regarding this Petition. J i\ I i , ' '] ~ )'. (~AM>:r" . e~ ...-' S{gnoture af Properly Owner - . " ~'.. ' ~ .111/ PI' T {,): f (, .w-.A1>:/!~ Typed or Printed Nome of Owner to ad as our! my representative l"'\i D~V1"~~; \ \ ,'Q\1A"<:Y] T ypcd or Printed Nome of Owner - - Ii 'J The foregoing instr.~merrt was acknowledged before me this doy of U jf}/1 ' _---; 1 t , I J(}.rnes~f.Atf7JI1nt.l),)1 IOMSiTY/ who~fomeorho$prod"ced identification. \ '-----~ ''1 20!J..L by 0$ SIoIe of Florida County of Collier ~ JoMIfef L, e;ntRIl i"~ . My com- ()02535!IiI ;';'..':1 El<.-~2II,2QQ1 ,,1}111 ~ [jJ//7f1if (print; Type" or Stamp Commi$Sioned Nome 01 Nolorr P"b/ic) Variance Application re..... 12123/04 Page 7 of7 Exhibit "B" ;"'0SrL ~eTi I\J:~, 7/.~\ '~J ::'Xi7 .~ 1 0' c~;.;:; RESOLUTlON 2006-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLUER COUNTY, FLORmA RELATING TO PETITION NGMBER Y A-2007-AR-11459, FOR A FOUR- FOOT VARIANCE FROM THE REQUIRED 40-FOOT FROKT YARD SETBACK FOR A CORNER LOT, LOCATED WIm THE WYNDEMERE PLANNED UNIT DEVELOPMENT. Vl'1IEREAS, the Lcgislarure 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 \VHEREAS, the County pursuant thereto has adopted a Land Development Code (LDe) (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 \oVHEREA.s, 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 four-foot variance from the required 40-foot front yard setback for a corner lot located in the V/yndcmere Plarined Unit Development as shown on the sire plan attached as 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 \.Vith Section 9.04.00 of the Zoning Regulaiions of said Land Development Code for the unincorporated area of Collier COImty; and Vv'HEREAS, all interested parties have been given OpportUllity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY 11IE BOARD OF ZONING APPEALS OF COLLIER COUNTI', FLORIDA, that: Petition VA-2007~AR~11459, filed by SOIhisc Properties of ~aples, DBA Sonrise Building Company, representing James F. and Lavonne v,.'illiamson, \villi respect to the property located at 186 Edgemere Way South, Naples, Florida, further hcrcinafter described as: Lot 46, The Lodgings of \Vyndemere, Section One, according to the Plat theieof as recorded in Plat Book 13, Page 8, of the Public Records of Collier County, Florida. Folio Ko. 83341840001 be and the same hereby is approved for a four-foot variance from the required 40-foot front yard setback for a corner lot in the \V)'l1dcmere Planned Unit Development as shown on the site plan attached as Exhibit A, subject to the following conditions: L The variance granted is limited to the dimensions depicted in the applicant's site plan stamped "Received March 12, 2007," except as further r~'1Iicted below. This site plan is included as Exlllbit A; and 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent oithe actual replacement cost of the structure at the time of Page 1 of2 T Its:-:1 t'jo. 7.1J, JU:\I 24. 20G7 Page 22 of 3.:; its destructio~ all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconst::ruction. BE IT FCRTHER RESOLVED lhat this Resotution retating lo Petition Kumber V A- 2007-AR.1l459 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this _ day of .2007, ATTEST: DV;1GHT E. BROCK, CLERK BOARD OF ZONING APPEALS COllffiRCOU~lY,FLOillDA By: , Deputy Clerk By: JA,,\1ES COLETTA, CHAIRMAN Ap roved as to form leg uffi i r: Jcffr ' A. Kia Man g Assi Exhibit "e" Page 2 of2 ~9;:: ,""'; ~,! 0 ~~0 .s :::" ~J -='ro ::;-:.e- .~ (L Z; ~....m:~ ", '/J~" ~ S< I '" '-' ., " N -'l I"l ,t><::l U 0:: -< w P.. w ;;; ::i .. '" " '" '" W ~ 6 '0 I '0 ~l I ~ <" , . ~ $ . S;l u: 0' " <. " W 6 '0 II V II :J.N!qX:t[ ,~ I II" " . ~i /; ~ t I' ~!~.~~~f~~! . 81111I><1(.14+0 ! io~ '" <! -< ("J" 13J~\fd) ---1" . lNIOd aOOM.818J"iV<l8 11 (J.V1d l:l3d SIS'f'S ONI~'f3C) If" V:>- -v:> ,DO'OS M .60.SZ.00 sl1 =0 j I!~~ end -"J ",""I}lJi;;v / ~;j6 -In "K! 'W"J ~ M=zJ 'S,f-;;(?-V~-YC> . 'J,P;) "-"d-c! I ~ I ~ " , M./<l ,0<; ~ >- ... <:! ~ 5 ~ ~ 0' u ~ ~-i E (::1 CJ g "2 > I='''' ' ~, 5 ffi ~ ~. ::::. In 011 c:;: ~ ~ ~l'~ ~ 0 ~ .. ~ !E Vl :i:: ~~ .~ is: "-. 0:: , ~ ,,- ~~~ s I .1 ~l' ~~ , o Lr:J I. I 6 o If, ';;<;;'.Lt.,, .s0""09 "" ore ,LO.09 '"' Ol:!\f .O;;;,l>1>.-v '"' "r130 . "" srllQv::! 0 " '" S , ., '" ~ ,1fL+ ;p"09 , !~ I . S"ZV J .~.S~ '0 0 ; oJ .n ::i '" CD ! ... " ""' oJ 0 6 " ...0 '0 ;;; '., '" ,8"11>: ""' I p~ .OJ" ;:;~ z i ., ~ I . I' ~ I S~ '1 ~~ J oJ =5 '" W 6 '0 , i~ i;::J ,0 rn ~i ~ ;;1 -, .oo.s" 3 ~60'<;Z.OO N LD ... ""' o -'l I~ I is: " ip;:j? 0::-' j[J::it5 t~~ I'itS o q I'it \-.s. ~ ~ o ~ ~~,,; ~'3U ::: ,..... 5~.J:l <p .. ~)";::"' ~ '",;;l 0 '-'" ....0 .. ...."'.J:::-"'''' ' ["'ll:,",''::> u ~ 5'" ~_'::", . c>t>,E f ~';l~~,~ ff~"!'~; .. c""_.- ".J:;,~_.~,,",,,o 0 jjiHH IliiI !J..,-~.z::;,o,",," t.l.o~.g o;"O~r~~ ~.. 1~':;5' .e~ E~gH '. I:~,~ 0.....:<0...<:> .1-.>""" v;g{l tl~- '. ~....:l .. o:::.g co'" " . '"'.S!o ~"O;J~ "'3:" _ c.... '- ....5~~.!.,gc;: $ ~ o<p~ ~-~U"!. ...,rE 1'3-.=........, ~..~~o~~cr >::5.~~ c' .,.:r.: ~o~u; ~~ E~ -g i:'1~ ~ { :5 <:;>og-",_..oo -' ;0..-.:= 0 VI "C.,"OlJ--:~~;...: ~5] ~Ol:~:n~:~ .~u.:.g !U:~l!ii~~~ ;~].g:g:~8~:~ :gO V;oC2~.& ,><p!;t:L'~s--> _,gQ.:5~r-i~-~~EJ: f !; g'- 88 '--' ~i:!a::' ~1:,~~: ii t1~ ..." ~ ~~.....~~ ~ ~{-" ....- ~I- E: ~-:g '" ",.!!';:c:; ~E ~ ~~ ~~ ~~~~ ~.:...-~~ g~ S"E~ ~e CJ.~~~2 g E~~~ ~~ II .1, :r'~6 ~ z 0 I ~ !hl!~: ~O::ffi~5 ~ Ww cc-' < 11".1 o;rl--::,... 0 :3 ~-<" ~ ;;')- .1' < ~ . oo.w~ .i!,,~ . b~'~~S "' ." '" ~ r< i?ii !";niiiFi " N lI>~8~8 w~ "0 ~I II i I " Cla:CJ""a: '" "" '0-: ZOC::;_,-,-, 0 .~ 13uO ::J >0 - g~~~l:S z <z II ~ ! -' .l"'iEo 0 ~i3 lulhIWG;II: &;if '" ~~ w..,cn .... ~ '" j::~<o;oo "" ,:ffi -~ U :<!:!:! i~~i~~ ~iwj~i~ u a <6"z~~jg 0: w O~ ~ " ~'" ~iS ....OlW<l:a: w~ ~a::~O " ~~ I -, >--uw.u '" ~~ I~H!. ow:::!:,..,..... u _.-Hn>--_a: ~o o/: iiidliliiL!lini ~z <> ;~:+~~ +':;~iij; ~o ~o ' r item !\Jo. 7{:-\ . Juiy 24, 20oJ7 Pag-3 24 of 34 COWER COUNTY GOVERNMENT DEPT. OF ZONING & lAND DEVElOPMENT REVIEW WWW.COLLlERGOV.NET (i) 2800 NORTIi HORSESHOE DRIVE NAPLES, flORIDA 34104- (239) 403-2400 FAX (239) 643-6968 VARIANCE PETITION APPUCATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PlANNER VA-2007-AR-11459 PROJECT 2007010017 DATE: 3126/07 DUE: 4/9/07 Above to be completed by SlqIf APPLICANT/AGENT INFORMATION NAME OF APPLlCANT(S) JAMES F. & LA VONNE WlWAMSON ADDRESS 186 EDGEMERE WAY 5 CITY NAPLES STATE Fl TELEPHONE # 263-3448 CEll # FAX # E-MAil ADDRESS: ZIP 34105-7135 NAME OF AGENT SONRISE PROPERTIES OF NAPLES, DBA SONRlSE BUILDING COMPANY ADDRESS 3884 PROGRESS AVE STE 4 CITY NAPLES STATE-B, ZIP 34105 TELEPHONE # 261-3433 CELL # 289-4240 FAX # 262-3400 E-MAIL ADDRESS:RANDY@SONRISEBUILDING.COM Variance .-'\pplicarion rev. 12123/04 Page 1 of9 BE AWARE THAT COLLIER COUNTY HAS lOBBYIST REGULATIONS. GUIDE YOURSELF:] ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. -," .,...~~' ' ,'~___.k.l~ "_:",,, V.',.-" r., ",,-,,--C C;" ~;'1'" - ~, :- ASSOCIATIONS Complete the following for all Association(sJ affiliated with this petition. Provide additional sheets if necessa ry. NAME OF HOMEOWNER ASSOCIATION: WYNDEMERE HOMEOWNERS ASSOCIATION MAILING ADDRESS 98 WYNDEMERE WAY CITY NAPLES STATE.E!... ZIP 34105 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS ZIP CITY STATE NAME OF MASTER ASSOCIATION: SAME AS ABOVE MAILING ADDRESS CITY ZIP STATE NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY ZIP STATE I PROPERTY DESCRIPTION Legal Description of Subject Property: Variance Application rev, 12123/!J4 Page 2 of9 . /\;;lenCl3 item I'~o 7 A, . 24. 20U7 Page 26 of 3C:;- Seclion/Township/Range 19/49 126 PropertyLD.#: 83341840001 Subdivision: WNYDEMERE LODGINGS SECT 1 Unit lot: 46 Block: Metes & Bounds Description: Acreage .34 Address of Subject Property (If different from Petitioner's address): ADJACENT ZONING AND LAND USE Zoning Lond Use Residential N S E W " " " Minimum Yard Requirements for Subiect Property: Corner Lot; Waterfront Lot; Yes r2J Yes 0 No 0 No r2J Variance Application re<,". 12J23.'04 Pa.:,ne 3 of9 NATURE OF PErmON ,~,';';~n(;~ ~:~~r~: ~~! ~~J'~' "" . "7 'j" " -1>..> ,_, n,.,...,. . ..,,- -- '-" Provide a detailed explanation of the request including what strudures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce Iront setback Irom 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For proieds authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. The Mrs. and I purchased our home located at 186 Edeemere Way South April 15. 1991. With all the hurricanes plaeuine Florida in the last few Years. we have created a multipuroose storaee/officelsafetv space in the earaee. This mace creates a problem in that we can no loneer fit two cars in our 2'ara2'e. Therefore. we would like to extend the front of our garaee to accommodate our second automobile. The proposed addition to our earaee would reduce the existin2' set back from 40' to appro:rimately 36'. Since we are a corner lot. we have two frontaee setbacks on 40'. on the south and east sides. which creates a bit of a hardship concernine expansion_ The proposed earaee addition would be located on the east side of our home. The way the house is situated on the lot. our front elevation faces south and the side elevation faces east. Please note that stall and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Boord 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.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes, The fad Ihat we have two 40' fronlaae setbacks to deal with concernina expansion. 2. Are there special conditions and circumstances which do not result from the action of the applicant such os pre-existing conditions relative to the property which is the subiect of the variance request. No Variance:- Application rev. 12123/04 Page 4 of9 y .L\gendcj item [\jo. 7,1:1, Juiv 24,2007 FJa;je 28::/ 34 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. Onlv the setback reQuiremen1s. 4. Will the variance, i/ granted, be the minimum variance that-will make possible the reasonable use 0/ the land, building or structure and which promote standards 0/ health, safety or welfare. Yes. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by fhese zoning regulafions to other lands, buildings, or structures in the some zoning district. Yes. But we live on a corner lot which has two 40' setbacks in place. Most common lots only have the frontaae 40' setback. 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. We feel that this chanae to our home will enhance the appearance 0/ the exislinq elevation facinq our neiahbors. The approval of this variance reQuest will not cause anv harm to our neiqhbors or our community. In fact, the Homeowners Association has qiven it the rubber stamp. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives 0/ the regulation such as natural preserves, lakes, gol/ course, elc. No. 8. Will granting the variance be consistent with the growth management plan. Yes. BE ADVlSED THAT SECTION 1O.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBllC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNlY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE All PUBllC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Variance Application rev. 12/23/04 Page 5 of9 VARIANCE PETITION (VA) APPUCATlON SUBNUTTAlCHECKl~T ::~c ' D~ ..: J I THIS COMPlETED CHECKliST IS TO BE SUBMITTED WITH APPUCATION PACKEr IN THE EXACf ORDER USTED BELOW W/COVER SHEETS ATTACHED TO EACH SEcnON. NOTE: INCOMPlETE SUMBITTAlS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Compleied Application [download from website lor currentlorm) 15 Pre-Application meetina notes 15 Compleied AddressinQ Checklist, Siqned by Addressina Department 1 Conceptual Site Plan 24' x 36' and one 8 Y2 ' x 11' conv 15 Survev 01 oroaerty shawinq the encroachment (measured in leet) 1 Owner / Aaent Affidavit sioned & notarized 1 Deeds/leaal's 2 location map 1 Aerial Photoaraph (laken within the previous 12 months) 5 Eledronic copy 01 all documents and plans (CDROM or Diskellel 1 Historical Survey or waiver request 1 Environmenlallmpod Statement (EIS) and digital/electronic copy 01 EIS or exemption justification 3 FEES: o Pre-application Fee $500.00 (Applications submitted 9 months or more alter the date of the last pre-app meeting shall not be crediied towards application lees and a new pre-applicatian meeting will be required.) Review Fees: o $2000.00 Residential o $5000.00 Non-Residential o $2000.00 Sign Variance o Alter-The-Fad Zoning/land Use Petitions 2x the normal petition lee o $760.00 Estimated legal Advertising Fee - ccpe Meeting o $363.00 Estimated legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $2500.00 EIS Review OTHER REQUIREMENTS: o o 46, ~. n ~ ' I 'y 'f ". v~ ,W /jj /'-'t/l-l~fl1-, l/e"tJOwner Signature Variance Applicarion rev. 12123/04 &, p- - -:?-7.'l"o7 Date Page 6 of9 T (i) item l\jo. 7/-\ Julv 24. 2007 P8;le 30 of 34 AFFIDA YIT We/Z being first duly SWOll1, depose and say that we/I am/are the OW17eJ>' of the property described herein and which is the subiect matter of the proposed hearing; tfrat 0/1 the answer.; to the questions in this application, including the disclosure of inlerest information, 0/1 sketches, dam, and other supplemenmry mailer ahached to and made a port of this application, are honest and true 10 the best of our knowledge and belief. We/l understund tfrat the information requested on this application must be complere and accurale and that the conlent of this form, whether computer generated or County printed sholl not be altered. Public hearings will not be advertised until this applicafion is deemed complete, and all required information hos been submilied. As property owner We/l further authorize ~latiye in any maH= regarding this Petition. il 'J.'- vrr;;~a?" 6./.M.1~/A8.- [\. /J- l7!gnafure of Property Owner ! i' V J{; rf)fS 1-)l)j)O M ~()'f) Typed or Printed Name of Owner madasour/my Signature of Properly Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this c2.2..- day of ~ ~ , 2012J by .JQ.1"1.f?, /), )/ //10 (Yl:56Y\ who is personah'v kf}{JWTI 10 me or has produced --- as identification. Stale of Ronda County of Collier i':J\, ./enniler L BinIIJfr ~lJ., j My Commi&skln 00253659 "'", EllpI.... Sop!embor 28, 2007 (Print Type, or Smmp Commissioned Name of Nomry Public) Variance Application rev. 12123/04 P3&O 7 of9 RESOLUTION 2006-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA-2007-AR-1I459, FOR A FOUR- FOOT VARIAl'CE FROM THE REQUIRED 40-FOOT FRONT YARD SETBACK FOR A CO~'1ER LOT, LOCATED \\1THL" THE WYNDEMERE PLANNED U:>i1T DEVELOPMENT. wlfEREAS, tbe 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 \VHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004AI, as amended) which establishes regulations for the zoning ofpartlcular geographic diVlsions of the County, among \:;.'hich is the granting of variances; and \\THERE.AS, 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 four-foot variance from the required 40-foot front yard setback for a comer lot located in the \~')'11demere Planned Unit Development as shown on the site plan attached as 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 \vitb Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and V.lHEREAS, all interested panies have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. l\OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING A.PPEALS OF COLLIER COUNTY. FLORIDA. that: Petition VA-2007-.-\R-11459, filed by Sonrise Properties of Naples, DBA SaTIrist Building Company, representing James F. and Lavonne \Villiarnson, with respect to the property located at 186 Edgernere Way South, Naples, Florid~ fLL'iher hereinafter described as: Lot 46, The Lod,gings of Wyndemere, Sectlon One, according to the Plat thereof as recorded in Plat Book 13, Page 8, of the Public Records of Collier County, Florida. Folio No. 8334] 84000] be and the same hereby is approved for a four-foot variance from the required 40-foot from yard setback for a comer lot in the Wyndemere Planned Unit Development as shol','11 on the site plan attached as Exhibit A, subject to the folloVving conditions: 1. The variance granted is limited to the dimensions depicted in the applicant's site plan stamped "Received March 12, 2007," except as furthcr restricted below. This sitc plan is included as Exhibit A; and " If the residential dwelling structure is destroyed for any reason. to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of Page] of2 :tem (ie. ;,,-\ J:, 20~:~ 'H o~ 3.:1 , ,Aaenda iTem !'Jc. 7/"-, ~ JUlY 24. 20J7 Page 32 of 34 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 Resotution relating to Petition NUIIlber VA- 2007-AR.11459 be recorded in the minutes of this 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, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAIR.MA.'1 By: AP~~OVed as to form an ,leg ffi i ' 11 ' , J effr\' 1 A. Klatz~~)\v Man oing ASSi~t County Attorney Page 2 of2 I...... =' "~, 8_ 0;" C 22:'5,' -::;rr; .......::- ....-, ~ ,~. ;-:t' ::! ~ .... .,," I -", " v I '" ... P"l ,""1:~ <:.) I p:; < '" p., . "' in :;; ;,. I ,., .. '" '" "' en ci 0 I ii-'] . . ' I Si'ui ~~ =- .. ui I ci "0 ~WP! H!!P!! . .1AD<<;:'I++0 I!~~~~~ :'~-~"I , I "'i!*;~! ~ I!! ! LbIJ.Jj;'!lJ I ImlW!iill..!i!i ~ii;'I:WiEii I !J.H! ~~liiL.liti! ;'::;:;j,j:;:Oiiiii " (.J. 'T.lJ~Vd) ---l .LNIOd . aoOlA:FI8J\'V'H8 .1 (.!.'(1d~,";~t)NnI't'3a) _~ ' ,0000s . M .60,sz.00 S ~ I ,''''''1i-'i..'.1'I....~ ~/~rj6 -"n ')<0 ,tr-~~J ..;,~-I"'s;. ..rr; """d .AVH ,09 .':1-. ., ~!O ~ '.0 'S'~ ..n... 0&""'./1. "V.q,..""'C:>~$>.[' -s ~.G;">Q6'~ 'l>~ i!?" ," .". 0.:-<6 ~.s;k(v<<\)' ,?;_>"';"J; '""'~o J f~ R'n . ", .S"Lv ,V"OS , I E~ ,. G"y ,~""S'i I '0 0 "' '" ig ci " <D -~~ .". I '" ~. "0 '-> "' '. b , ci ~ ~ . ...l I "0 " :0 ;,. '" 2"B< ",. ~, ". ,,. I ~~ z ;.. ~ ;., , ~ f ~ ~ i I . ,OO"~~l 3 j;O,sz.OO N S!. I ~~ , [ ui ci '" \D "' .". ci E- S! 0 ,..:J z e ui!;(u .t " 0 ffiii'g~-~ ~ ~ g~g~~ <: 0 3 ~Otl..W~ ... "':= .........z;=s "' :it o!jE~~8 ~ W~ tile"" zo Oe:::ONQ: !S z'"' ":':::05-w 0 . 880::>3 >e> - o<wa:::o % :I" tft5. ~w~Fo 0 0 " ,,= '"' ~z<<(I:S 13 " ~:5 13 "'~ u:wcn ., w ~.~ OJ <i":ZOO-O ~" .,.Ow<C:: " Fg;:a...O '" w~ Ou ~u..... (,,) " ~z ~b Ol,lZI'1"w <0 "":1,1I...._0::: '"' ~~ 0, I"~ ~5 ~u ~ it ~~ ~ ~ ~ d~ ~ h~~ ~ o . Q:z o~ t;lJ. H';. E :5 ~,!!1 a ~ : <ll ;g IUh' Iii 1>,-.. I'~ lci- ~ o 1.0 m I ~ ~ ~ E-< IS If.l >-< <: ;;;:~ "'" ;'-' p::..J I "'" ~ ~~~ r:.:1.E::.- Cl CI W ~ '-t1 ~ o :"1g' , . CI~ .Z ~ :5'5~Z.; ~ .!l i:.J':" g ~ ::;:.~'t: 1: E Q..", i: ~';:S'~1fI 1. ij:;S ~_~::5 ~~2 ~%~:; .2 ffg.s= ~'. .. 5..~~ ~~.~ '0" ""J; E _ ~ 2,eE~-E.H .s ti ~< e..!:.2: ~~g~~g~ ;: g ....2..-'" gd .s: ..]....~ ~- _ :. ElO'" Cl Otr.l g,~...1- ~~:~ ~ '~E~2!::"'-g:s ~ 0 ~Q1:'~~~E",: F: ~ ~:>.~!l~t:5 ~ " CI ~ ~ g-:a1i>.ao 8::E:: ~~Q.6~..~~ ~c:i: ~"'~t;";c':::< ~~"'O ____",0!4' "-~C><O.:::i!;Q ~ "CI -&~~.,;~~w~~ .... '"'::..o2cl!5~"'D-.o .~.iH~.::tial1l ~~~ '~2.g:2o~~r~: 1fI0 ,):;pO]~] ....I-~~:(.) j"c-5"'cn .~~~~ !"t>{;j Ol'O -1"<.... ~ I) DO t.5'O]a Ii ;>.!!5i~~ 0.3. e.~.. "::a. 0 . ..:--fi...._.." ",.r:.fiO :i~~~<=i:5~6:.!!~ "'1Pi.lE.2~~.. c::>.~ ~'5 0 =,-t>..~_ ~~1i- ~tiC;~J.:Z-g~5~~~ ':SF~.s~E1ii~Q!t~ :: ~ - .... ,.Q .... ... - ~ ~ . ~,. / ,"..:;~t?/;:;'7C . ,/ Age." nOEl, .'.lem 1\1.0. 7/\ 1/1 -. i JlljY~24;X;~: j/ / v ~de-S""~i!'5L'- /~/~'.' ~' /,1 '..... //;7;:;(.,; / RECF=IVED ".,' (" ZONING DEPARTME,H Community Development and Environmental Services Division Dept. of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 8 Golf Cottage Drive Naples, FL 34105 May 21, 2007 Dear Mr. Brown: This concerns the "Williamson Garage Addition." I do not have a problem with their project. Their project will not affect the look of their bome from the outside. I feel they should be granted the variance to extend their garage by approximately 4'. Sincerely,,-- /'c' :'", ~J/c~ (i /7?g;~~ .,/ (~---'~-0 Sandra J. Nylese Agenda Item No. 78 July 24, 2007 Page 1 of 76 EXECUTIVE SUMMARY ,-'" PE-2006-AR-I0551, Sandra Bottcher of Q. Grady Minor & Associates, P.A., representing the DeVoe Family Limited Partnership II, requesting a Parking Exemption to permit an off-site parking lot in a residentially-zoned district for property located at 1397 Trail Terrace Drive, in Section 22, Township 49 South, Range 25 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Parking Exemption and render a decision pursuant to Section 4.05.02.K.3 of the Land Development Code in order to insure that the community's interests are maintained. CONSIDERATIONS: r- The petitioner seeks approval of a Parking Exemption to allow an off-site employee parking lot in the Residential Multi-Family (RMF-6) District. The l4-space parking lot would serve the DeVoe Suzuki dealership that is presently under construction in the adjacent General Commercial (C-4) District to the east. The petitioner states that the requested parking lot is needed for dealership staff since, based upon their personal automobiie-sales industry experience, the anticipated number of employees will generate parking in excess of the parking standards provided by the LDC. Additionally, the Suzuki franchiser would like the provision of 60 vehicle display spaces, further restricting the availability of on-site parking. The petitioner is also concerned about overflow parking into the right-of-way; and has cited that the dealership may he expanded in the future, necessitating additional parking. At present, a total of 119 parking spaces are being provided on the site, which represents 98 spaces over that required by the LDC. The additional 14 spaces would give the petitioner a total of 112 spaces above the LDC parking requirement. FISCAL IMPACT: Approval of this Parking Exemption petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Approval of this Parking Exemption would not affect or change the requirements of the Grov,rth Management Plan. AFFORDABLE HOUSING rMPACT: Approval ofthis Parking Exemption would have no affordable housing impact. ,- Agenda Item No. 7B July 24, 2007 Page 2 of 76 ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Parking Exemption. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition as they do not normally hear Parking Exemption petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PE-2006-AR-10551 on June 21,2007, and by a vote of four to three recommended that this petition be forwarded to the BZA with a recommendation of denial on the basis that the dealership already significantly exceeds LDC parking requirements, irrespective of the franchiser's additional parking demands; the proposed use would encroach upon an existing residential neighborhood, thereby negatively impacting its character, quality and future development; approval of the use would pose increased pedestrian and vehicular safety risks; and the dealership has more viable alternatives to accommodate its intensive parking needs, such as the vacant commercially-zoned land abutting its southern boundary, which the petitioner already owns. Staff received five letters of support for this request from neighboring property owners. Five letters of objection were also received, in addition to a petition opposing the project that was signed by more than 100 property owners in the neighborhood. Because of these objections and the fact that the CCPC's vote was not unanimous, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: The petitioner is seeking a Parking Exemption pursuant to LDC Section 4.05.02.K.3. A Parking Exemption from the BZA is needed because the lot proposed for off-site parking is not zoned for commercial use. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding. Decisions regarding Parking Exemptions are quasi-judicial, and all testimony given must be under oath. The petitioner has the burden to prove that the proposed request is consistent with the criteria set forth below, and the Board may question the petitioner, or staff, to ensure that the necessary criteria have been satisfied. Should the Board consider denying this petition to assure that that the decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the following criteria: (1) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. (2) The distance of the farthest parking space from the facility to be served. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. 2 .I\genda Item No. 78 July 24, 2007 Page 3 of 76 (5) The character and quality of the neighborhood and the future development of surrounding properties. (6) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. (10) Whether the off-site parking area will be used for valet parking. (11) Whether the off-site parking area will be used for employee parking. (12) Whether there are more viable alternatives available. Approval of this request requires three affirnlative votes of the BZA. The proposed Resolution was prepared by the County Attorney's Office and is sufficient for Board action. -JAK RECOMMENDA nON: Staff recommends that the BZA deny Petition PE-2006-AR-I0551. However, should the BZA approve this petition, staffrecommends that the approval be subject to the conditions incorporated into the attached Resolution. PREPARED BY: .lolm-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review 3 ""~ July 24, 2007 Page40176 COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS 7B Item Number: Item Summary: This Ilem remllres that ail particlp;:mts be swomin and ex pane disc losure be provided by Commission members. PE"200S.AR.1055l, De\/oe FamilY limited Partnership II, represerlled by Sandra Botteller of Q. Grady Minor & A.ssoelates. PA, IS requesting a parking exemptior for the DeVoe Suz:ukidealership. The exernptloll seeks approvai of an off- slteemplayee parking area Orl a resictentially-z:orled lotio serve the DeVoe Suzuki dealership irl the aCj<lcen1 C~Hnmerclally-:oned district The subject property consisting 01 0.23 acres IS loc.aieli at 13971rail Terrace Drive, on the rlorlhwesl corner 01 14th Street North and Trail Termce Dri'Je, appr::lXIrnately 500 feet soulh of Solana Road I[l $eclioI122, TOW'lSi,ip ~g Suuth, Rallge25 EastCollierCourlty FlOrida 7/24/20079000Q,4M Meeting Date: Prepared By Date SerliorPlanner John-David Mos$ Community Development & Environmenlatservices 612812Cl0710:42:59AM Zoning a. Land Developmerlt Approved By D,'" ChiefPlanrler Ray Bellows Community Development 8. EnvironmentalService5 6128!20071L50AM Zarling 8. Lllnd Development Review Approved By Data ZOrling & Ulna Dev",lopmenl Director Susan Murray,AICP Community Development & Environmental Services 713r20079,56AM Zoning & Land Development Review Approved By Date Executive Secretary Mar\eneStewart Community Development & Environmental Services Admin. Community Development & Environmental Services 7IJI20071:05PM Appro"ed By Community Developmerll & Env;ronmentalServiccsl\dminstrnlor Date J05eph K Schmitt Community Development &. E,wimnmerltaIServlces-Admirl. Community Development & ErlvironmentalServic<'!s 715120078:45 PM Approved By Date Applications Analyst OMS Coordinator 719120079:31 AM InlormationTecllllology Administrative Services Appro\'ed By Date Budget Analyst Mark Isackson 711112Q073:12PM Office of Marlagement 8. Budget County M<l'1ager'sOfflce Approvel! B)' Date County Manager James V. Mudd Board of County Commissioners 7112120079:37 AM County Manager's Office file://C:\AgendaTest\Export\87-July%2024, %202007\07. o/020BOARD%200Fo/02020NlNG.. 7/18/2007 AGEN~\gAenITda Item No. 78 VI ijrMYllc4\ 2007 Page 5 of 76 eoltr County -- ~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 3, 2007 SUBJECT: PETITION: PE-2006-AR-10551 : DEVOE PARKING EXEMPTION APPLICANTI AGENTS: Applicant: DeVoe Family Limited Partnership Il P.O, Box 1098 Naples, FL 34106 Agent: Sandra Bottcher Q. Grady Minor & Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: The applicant seeks approval of a parking exemption to allow an ofT-site employee parking lot in the Residential Multi-Family (RMF-6) zoning distric.t. Thc proposed 14-space parking lot would serve the DeVoe Suzuki dealership that is presently under construction in the adjacent Gcncral Commercial (C-4) zoning district to the east. GEOGRAPHIC LOCATION: The proposed off-site parking lot would be accommodated on a 0,23-acre tract located at 1397 Trail Terrace Drive. The site lies on the nOlth side of Trail Terrace Drive, immediately west of its intersection with 14th Street North, in Section 22, Township 49 South, Range 25 East, of Collier County, J7lorida. On the attachcd zoning map, the subject site is outlined in yellow and the dealership that the parking exemption would serve is outlined in green PURPOSEIDESCRIPTION OF PROJECT: The petitioner states that the requested parking lot is needcd for dealership staff since, based upon their personal automobile-sales industry experience, the anticipated number of employees will generate parking in excess of the standards provided by the Land Development Code (LDC). Additionally, the Suzuki franchiser requires the provision of 60 vehicle "display spaccs," fmther restricting the availability of parking on-site. Thc subject site was formerly occupied by a used car sales office/trailer; however, it is now being developed with the Suzuki dealership for which the proposed parking Staff Report for May 3, 2007 CCPC Devoe Parking Exemption, PE.2006.AR.10551 Page 1 of 8 \ y oor--<o r--Or-- .0_ ON 0 Z~<D F..-C" ~ '" :L " < Cl~ ::>~ a.~ n o , m ,_,~~ SJ....VIi$J.UO j d <') " I~ 8g S I- , ,..; :::l i~ {j ~ ~. u. . . 0 ~ < (f) u " 0 0: I. e % , ~a ir5 ~ , ,.. " , , I ~ (.) L-... 0 " (I<;;S .~r:Jl QVO~ )\NVM.J-JLl31GOOn 'D C '" OJ <( o;t , () '<t ~ , u. ~ 0 (f) '" 0: 0 . c z " , " w 5 0 % ~ , < 5 " ~ 01 < >00 u ~d C,!) z"> -0 wO 5 % @ , u. c: ~ ~ 0 " m @ 0 ~ " " ~ ~ HHION 133mS f-U.:llJlr\.1 ..,.Jl'U.lI\/UN1 ~L.nvlW!J\,l Ii I ! ~ ~ ~ g. Ii Iii . I~ ",! ! i~1 ~!! j'l! " , I ! UYOlI ooIli>>iiWl . l~ i ~ l I! .,1 t i 1/ I 0'l.I CI>'O~ 1lJl"O)QO JtQV rot (1~111W C1W ,., i\H1rocu1o'h)1j1 II Iw~nl 'l/IIUllI'N\ffI"i ~~i " ....r'- I l~" i i iB ~ ~ n')l.O'LOO 1_ I- _ "'"'lL.- . Jf1_n.. I! . . ! .l>l<1l1OO\\r:n ~ " , ,- iA . . " a.. <C ~ <.9 Z Z o N ~ of> '" a '" 0( , '" c C N J.J Q. ... Z o E ~I a.. e:( ~ z o - l- e:( () o ~ Agenda Item No. 78 July 24. 2007 Page 7 of 76 exemption is being requested. According to the petitioners' narrative statement, the parking exemption is being requested to provide 14 additional parking spaces for dealership staff since, based upon the applicant's personal automobile-sales industry experience, the anticipated number of employees will generate parking in excess of the standards provided by the LDC. (The petitioners have noted that changes in this industry may warrant a review of the LDC standards.) The residentially-zoned site for which the parking exemption is being sought is vacant and cleared. The property previously contained an abandoned residence that the DeVoe family had donated to the Fire Department for training purposes, which was subsequently demolished, In the narrative statement, the applicant states that if the proposed parking exemption is approved, the property would serve as a step- down in intensity between the C-4 zoning district to the east and the existing, single-family and multi- family uses on the RMF-6-zoned propelties abutting it to the north, west and south, A 15-foot wide, type B buffer and a six-foot high barrier wall would be provided along the subject site's northe1'll and western sides in order to scrcen and shield the existing residcntial uses from the proposed parking lot. (No mention was made of how the southe1'll boundary of the subject property would be treated to buffer the residential propelty abutting it.) The petitioner is also proposing a small sign on the site to indicate that the parking Jot would be for employee use only; and a lockable gate would be provided to prevent the lot's unauthorized nighttime use. SURROUNDING LAND USE AND ZONING (refer to the Zonin!! Map): North: Developed, platted lots of the Decker Highlands Subdivision, zoned RMF-6; then Highlands Drive. The single-family home on the parcel immediately adjacent to the subject property was constructed in 1974. South: Trail Terrace Drive; then platted lots of the Trail TelTaeeSubdivision, zoned RMF-6. The single-family home on the parcel immediately abutting the subject property was constructed in198J. Staff Report for May 3,2007,2006 CCPC Devoe Parking Exemption. PE-2006-AR-10551 Page 2 of 8 . Agenda Item No. 78 July 24. 2007 Page 8 of 76 East: Fourteenth Street; then redeveloping lots of the Trail Terrace Subdivision, zoned C-4. The Suzuki dealership for which this parking exemption is being proposed is situated in this area, West: Developed platted lots of the Trail Tel1'ace Subdivision, zoned RMF-6, The duplex on the parcel immediately abutting the subject property was constructed in 1957. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The property for this proposed parking exemption is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). The GMP is silent regarding parking exemptions in eonfOlmance with the LDC. The LDC addresses parking exemptions in LDC Section 4.05,02 K.3, and establishes criteria for their review and approvaL Based on the above analysis, Comprehensive Planning staff believes this request may be deemed consistent with the Future Land Use Element (FLUE), ANALYSIS: Transportation Review: Staff from the Transportation Department has noted a concern regarding the design of the proposed sidewalk located on the western and a portion of the nOlthern sides of the site. Rather than merely expanding the width of the existing three-foot wide sidewalk in order to meet the current, five-foot standard (which would leave a longitudinal seam that would likely crack and separate), Transportation staff requested that the applicant remove the sidewalk altogether and replace it with the new, five-foot wide standard in order to ensure the soundest and safest pedestrian walkway. Zoning Review: Section 4,05.02.K.3.(a)2 of the LDC allows a parking exemption to be sought when a lot proposed for off-site parking is not zoned for commercial uses. As part of its review of this application, Staff has completed a comprehensive evaluation of the parking exemption criteria outlined in Section 4.04.02,K3.(b) of the LDC, upon which a determination for any parking exemption must be based. (These criteria are italicized beJow, followed by staffs comments.) This evaluation will form the foundation of the Plamling Commission's recommendation, which is then forwarded to the Board of Zoning Appeals Board (BZA) for a final decision. (1) Whether the amount of off-site parking is required by LDC Section 4.05.04 G. and 4.05.09, or is in excess of these requirements. The LDC's minimum parking requirements for the auto dealership are as follows: Parking Tabulations for the Original SDP LDC Minhnum Dealership Area 'Ratio . 1 spacel400sq. ft, 4,934 sq. ft.l400 sq, ft of briildin area Lspace/;l.,OOO sq.. 2,548 sq. ft.l2,OOO sq. ft, ft, of outdoor sales dis ja area ReqniredPal'killg' Proposed Parkhlg 12.3 spaces 12 spaces 1.3 spaces I space Staff Report for May 3, 2007, 2006 eepe Devoe Parking Exemption, PE-2006-AR-10551 Page 3 of 8 Agenda Item I~o. 78 July 24. 2007 Page 9 of 76 14 spaces/25 spaces 0.6 space 1 space Total: 14 spaces Parking Tabulations for the Approved SDp A L.I?9lVIinhnum . Dealership Area ReqlliredParking proposed Parking . . Ratio . '. . . I spfleeJ2,000 .sq, ." 14,441 sq. ft.l2,O-OO sq. ft. 7.2 spaces 7 spaces ft. of outdoor sflles disp1llY<lrea.. . ". .. "'..-', ..".-....._- IhandiqllP . . '. . 7 spaees/2 5 spaces OJ spaces 0 spaces spaee/25 parking silaces . . Total: 7 additional spaces As shown in the tables above, the LDC required a mmlmum of 14 parking spaces for the dealership's originally approved Site Development Plan (SOP). Seven additional spaces (for a total of2l spaces) were subsequently required for the expanded site with the approval of SOPA-2006- AR-10712, The approved site plan, prepared by Q. Grady Minor and Associates, P.A., dated September 2006 as revised through December 5, 2006, a total of J 19 parking spaces are being providcd on the site, which rcpresents 98 spaces over that required by the LDC (119 - 21 = 98 spaces). The petitioner states that an additional J4 spaces (for a total of 112 spaces for the site above the LDC requircment) are now being requested because: (a) the Suzuki franchiser requires 60 on-site display parking spaces; (b) based on their personal industry experience, thc number of employees will necessitate more parking than the minimum prescribed by the loDC; (c) the petitioner is concerned about overflow parking into the right-of-way; and (d) the dealership may be expanded in the future, Regarding reason (a), in staffs opinion, parking for the use should be accommodated on the existing site 01' accomplished through the consolidation of adjacent property within the allowable commcrcial zoning district. Forcing a parking lot into an established residential neighborhood in order to accommodate the overbuilding or intensification of a commercial use would nol be appropriate. As noted above, the site is alr~ady overparked by 98 spaecs relative to the LDC minimum parking requircments; and even when the 60 display spaces required by the franchise holder are deducted from that number, an exccss of 38 parking spaces remains, (By itself, this remainder is nearly double the numbcr of spaces required by the LDC.) The applicant has stated that these 38 spaces are needed to accommodate employee ovcrflow from their Saab-Isuzu-Subaru dealership site, located across Solano Road, nOlth of the Suzuki dealership. However, the proposed parking exemption is not being requested for the applicants' Saab-Isuzu-Subaru site, but rathcr the Suzuki site. Coneeming reason (b), common planning practice dictates that separate allowances, such as exemptions, should not be given in a situation of such a general nature that it could affect others similarly situatcd. If, as the petitioner has stated in the narrative, the auto sales industry has changed such that the LDC parking standards for this use should be revised, then an LDC amendm~nt would b~ the appropriate mechanism to address the situation; granting a parking Staff Report for May 3,2007,2006 eepe Devoe Parking Exemption, PE-2006-AR-10551 Page 4 of 8 Agenda Item No. 78 July 24, 2007 Page 10 of 76 exemption or any variance from the existing standards would not. Relative to reason (c), parking in the right-of. way is a zoning violation and is, therefore, prohibited. If the petitioner has concerns about the use overflowing into the right-of-way, the use should be downscaled to adequately fit the site. Regarding reason (d), any future expansion of the dealership should be able to provide the required parking on-site in compliance with the LDC parking requirements, in addition to any additional parking that might be needed in order to meet the demands of the franchise. As shown on the zoning map, there are several parcels zoned C-4 fronting Goodlette-Frank Road contiguous to the southern boundary of the dealership. Staff believes that these commercially-zoned lots would be the appropriate site for additional parking 01' any other expansion of the use, as the location of these parcels would not cause an encroachment into the existing residential neighborhood. (Staff notes that approval of this parking exemption should not be construed as a variance from any parking space requirement for any future expansion.) (2) The distance of the farthest parking space fi'om the facility to be served The petitioner's development plan (see Exhibit A) clearly illustrates the spatial relationship between the auto dealership and the proposed off-site parking lot directly across 14th Street NOlth (which has a 60-foot wide right-of-way). The wheelstop of the fmthest parking space is shown approximately 160 feet from the auto dealership's nearest entrmlee, (3) Pedestrian safety if the lots are separated by a collector or arterial roadway; and (4) Pedestriall and vehicular safety. Fomteenth Street North is classified as a local rather than a collector or arterial roadway. The petitioner is proposing a sidewalk and a pedestrian crosswalk to connect the proposed pm'king lot to the automobiJe dealership situated across 14th Street North, Persons using the parking lot would, therefore, be required to cross J4th Street North to reach the dealership, thereby increasing the risk of danger when compared to on-site parking, (5) The character and quality of the neighborhood and the future development of surrounding properties. Zoning staff has concerns about permitting the development of a parking lot on this site, as it would be an encroachment into an established residential neighborhood of single- and multi-family dwellings established between the late-1950s and the J 980s, The entire area west of 14th Street NOIth sun'ounding the proposed parking lot site is zoned for, and currently developed with, single- family and multi-family housing; and although the dwelling on the subject property has been demolished and the parcel is now vacant, the land remains zoned RMF-6 which is intended for residential uses, (6) Potential parking problems for neighboring properties. There are no nearby commercial uses that would likely attempt to use the parking lot illegally; and use of the parking lot for non-employees would be discouraged by the proposed signage and gate. Staff Report for May 3, 2007, 2006 eepe Devoe Parking Exemption, PE-2006-AR-10551 Page 5of8 Agenda Item No. 78 July 24, 2007 Page 11 of 76 (7) Whether the internal traffic flow is required to leave the site to reach the proposed ojJ-site parking. The proposed lot would be directly accessible from 14th Street North, so users would not be required to cut through the auto dealership to reach it. (8) Whether vehicular access shall be from or onto residential streets. As previously noted, 14th Street NOlth is a local (i.e., residential) street. However the existing dealership already uses 14th Street NOlth for access, so this issue does not seem germane to this petition. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The development plan indicates that the residenlially-zoned lots to the north and west will be separated from the proposed parking lot by a 15-foot wide, type B buffer; and from the residentially-zoned propmty to the south (and the dealership to the east) by a 10-foot wide, type D buffer. As required by LDC Section 5.03.02.E.3 and Section 5,03.02.E.4, respectively, a six-foot high masonry or pre-fabricated concrete wall/fence must be provided along the northe1'll and western boundaries of the site, and a four-foot high wall/fence must be provided along its southem boundary. The applicants' narrative statement alludes to the six-foot walls, but no mention is made of the required four-foot wall; nor are any of these walls shown on the submitted development plan, (10) Whether the off-site parking area will be usedfor valet parking. Valet parking is not proposed. (11) Whether the off-site parking area will be usedfor employee parking. The petitioner has indicated that the off-site parking area is to be utilized by employees only. (12) Whether there are more viable alternatives available. There are clearly more appropriate alternatives, such as scaling back the size of the use so that its parking needs could be accommodated on-site rather than spilling over into an established residential neighborhood, especially when the use is already providing 98 spaces over the minimum requirement of the LDC (and still 38 parking spaces over this requirement even when the 60 display spaces mandated by the franchise holder are deducted). Another option would be to locate the additional employee parking spaces on one of the parcels along Goodlette-Frank Road, abutting the southern boundary of the dealership, which are already zoned C-4 and would not necessitate a parking exemption. Finally, the petitioner could relocate the new dealership to a larger tract of land in another area of the county that would be more suitable for its intensive parking needs, (13) OjJ-street parking areas must be accessible from a street, alley or other public right-of-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to Staff Report for May 3,2007,2006 cepe Devoe Parking Exemption, PE-2006-AR-10551 Page 6 of 8 , Agenda Item No. 78 July 24, 2007 Page 12 of 76 back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 2.3.16. Trail Terrace Drive provides vehicular access to the off-site parking lot. The parking lot has been designed so that motor vehicles would not be required to back into the street. NEIGHBORHOOD INFORMATION REQUIREMENTS: For parking exemptions, the LDC requircs petitioners to notify neighboring propcrty owners by mail, but no meeting is required. The petitioner provided documentation to show the required letter was sent on November 3, 2006, and held a voluntary neighborhood information meeting on February I, 2007. Because the meeting was unofficial, County staff was not in attendance and the meeting was not officially recorded, STAFF RECOMMENDATION: Staff of Zoning and Land Development Review recommends that the Collier County Planning Commission (CCPe) forward Petition PE-2006-AR-J0551 to the Board of County Commissioners (BCe) with a recommendation of denial, finding that the proposed use: already significantly exceeds LDC parking requirements, irrespective of the franchiser's additional parking demands; would encroach upon an existing residential neighborhood, thereby negatively impacting its character, qnality and future development; would pose increased pedestrian and vehicular safety risks; and has more viable alternatives available to accommodate its intensive parking needs, PREPARED BY: ~~~ -DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW i //( /01 DATE ATZKOW UNTY ATTORNEY _,",1'111- ~ ~ 11 v .. RAY B LOWS, MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW "f-(II! 0; I r!lATE ~ lfh. !J-CYl~ if /; 2-107 SBSAN M. ISTENES, AICP, DIRECTOR ' DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW Staff Report for May 3, 2007, 2006 cepe Devoe Parking Exemption, PE-2006-AR-10551 Page 7 of 8 APPROVED BY: ~/= ,PH K. SCHM , ADM STRA TOR MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE JO C l,. Tentatively scheduled for the JlIl1e J 2, 2007 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: \}Jievlt ~ v~ MARK p, STRAIN, CHAIRMAN _'0- 3,-07 DATE Staff Report for May 3,2007,2006 eepe Devoe Parking Exemption, PE-2006-AR-10551 , Agenda Item No. 78 July 24. 2007 Page 13 of 76 Page 8 of8 ---1<-- -...... ""'" ".."_.n...... ~ I , I' i '. . :~ ror-<o , . r-or- I" d o~ , " .:! ON 0 ,I l ! ,1\ E~~ z -v i ;1 7~ _.""1>",", ! , i8.t. ~Q) ., ;~i . 00_ m 'j . i ' , "~".i ro ..J. r'i "j I '- '0.. I""""'.....,..~- I !;r -0 , !L ~~ c . '1 Q) .Ii 'il m 1,1 <( lei ~:;,! II ~.~: IIn II ':j. II b.l It l:~1 lIi-:,1 I 1/1 1',:1 II H II:::.: II Li\ II ~,~,t II !::! 11 ::'\: 11 F::~ II h 11 )':J 1 II :;:1 \ I IIU I II :.1 \ '::. II \ II , II :: I :1' II 'II,. II I II r.il I" 1111 ll- II .,': " I ~ II 1'.:\ II !!:,'li: 11'" 1\ '01 II in 1;1 ' 111".\ II I Ill' \I 'I :.\ I;, i ~: t' :) 0 \ \ Ii', '\ \\ i :j [i:1 ~ =,====: it \i Ii i \..:.11 Ii:. : II I I,.j II~ I / !I '~~\1',~.,~_Jv~Ll~~~:~~~. ~~: E~~AI,~IT ""~;21"'",.""",.""", '..:...'..:..:.:.:-=::::.- - lI' [/ L. _ _ ~~~-~ ___=~ _~.: ~-'~~ -1~,&,--- -- -- , II II II II N \I I II I 1i II II \ ~-- CJ :S~ w~~ 00. > . -. O!!<;:i r-:5'j ? , ) , I. ~--~_. ~----- 1 _._t____3 t10 :n>rul:l31 "1M11 ,'- I ---- ! ,,-'i------ I / - I '..,-'_._~ ...,' \D'I'I1','p'OU'HR ~. I ' ~~ -, --,-~-..:. --,UJ~ I I' Pel I 'r 0 l, \~~l' Iii I I _o_-j : f- - ~ I r i c;,~ _. "'_ I ~>-~ e I - I <rc.,,~ \ C'z;:'~ I. o-~' KlIj I ~~"-~- 1"2)- I "I I . I ~. I : ' I ill I .". 81, I i I . _.J i ']0'" '",. r.1 '" GJ b,_,_,_,_ _,_,J !./ I I I I,: I I I I I I '.. 1:- I:' -- 0 Z &\ ~ I L I I I I I ~\~;'\ ~I! i I t i ,! I II : "\' I i I : 1:1', I, I \. 1\" !t. I l~; : ~'r ) I', ) ~ ,<'':ii'.:.:..,;'-:;~~:;:~ C"~:;.i =-\T~L.::T~-=~:i ;:!~:~:I':T~'=-:L~~ ~>!:'!i I I I \~\ J- /1 ( I I I I I~ ;s I. ;;: 1m 0. I' ~ ~ 0 0 ~ N I" ~ z o!al {~ "-l 5""')0 a. V) ;--; ~ <-'> ~ l~~ sa ~ I7l I,.~ '" ~ - -' 0: o.~. ~ k1 g :5" ~ R ~ ~~ o~ i" .., o.J f:~_ <2 ~ ,'0 __ ~ "II R~ ;i ~~: t;Sg~~-~~! :2~~~ E~ =..,,,, ~ -- ='." -:~~~~~~ = ~U'; ..Ii! =~" ~~ :;S\:,l ~h~ ~ ~ g-:~S C2~ ~s~ ~ ~~~~~ , ,; i;; "' 2 1 ~ I i ~ B ~ ~I~ ~ ~I~ '. i~: ~" . , , ~ i~ -I , III i ~~J~ ,;,.3.1;; r Fl~~r~ ; ~ ~H~ El ~~ ~z ~ " Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors. Planners. Landscape Architects Agenda Item No. 78 July 24. 2007 Page 150176 MARK W. MINOR, P.E. NORMAN J. TREBILCOCK, AI cr., r.E. c DEAN SMITH, P.E. DAVID W. SCJ-!MI1T, P.E. MICHAELj. DELATE, r.E. MICHAEL T. HERRERA. P.E. GARY j. GASPERINI. r.E. vmSON A GARCIA, r.E. D. WAYNE ARNOLD, A.l.C.P. STEPHEN v. BURGESS, P.s.M. JUAN A. ARAQUE, r.sM. KEITH A STEPHENSON, r.sM. KENNITJ-I W. PAHUTSKI ALAN V. ROSEMAN JEFllREY S. CURL, ASLA, RLA IVY WYLIE, P.E. September 22, 2006 Ms. Kay Deselem, AlCP Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 PE_2006-AR-l0551 PROJECT #2006050058 DATE: 9/26/06 KAYDESEI_EM jill: DeVoe Parking Exemption Dear Ms, Deselem: Enclosed, please fmd the completed application and supporting materials for the DeVoe Parking Exemption petition. The pre-application meeting for this project was held on May 17, 2006. 'The appJication seeks approval of un off-site employee parking area on a residentially-zoned lot to serve the DeVoe Suznki dealership in the adjacent commercially-zoned district. The subject propeIty is generally located two blocks south of Solana Road, on the west side of FOUlteenth Street, which is one block west of Goodlette-Frank Road. A complete LDC consistency analysis is enclosed for your review. PJease fcel ii'ee to contact me at 947-1 J44 if you have any questions regarding this submittal. Sincerely, ~e,~ Hcidi K. Williams Enclosure cc: Richard DeVoe Don DeVoe (239) 947-1144. fAX (239) 947-03'15. Web Site: www.gradyminoLcom 3800 ViR Del Rey . Bonil'Cl Springs, Florida 34134-7569 EB 000515'1 . LB 0005151 . LC 26000266 KfXl60920CovcrLettcr.doc DYKX . Agenda Item No. 7B July 24, 2007 Page 16 of 76 ADDITIONAL INFORMATION PROVIDED BY THE APPLICANT'S AGENT OCTOBER 31, 2006 The auto dealership that will be served by the proposed off-site lot is located east of the subject property between 14th Street and Goodlette-Frank Road. The dealership site is zoned C-4. There was previously a pre-owned auto sales trailer on the property and now the Suzuki dealership is under construction there. The Suzuki franchise standard requires 60 display spaces, which are provided on-site. Customer parking has been provided on-site in accordance with the Land Development Code requirements. The DeVoe Family is concerned that, due to their extensive experience in the auto sales industry, the expected number of employees is higher than the LDC parking calculation anticipates. Perhaps there are changes in the industry that warrant review of the parking standard, however, we are seeking a near-term solution to prevent overflow parking in the right of way or any other undesirable situation from developing. There is an abandoned home on the property for which we seek the parking exemption, As you noted, that home is not habitable. The DeVoe Family donated this house to the Fire Department for training purposes. It has been well used by the Fire Department for practice with smoke drills, drills that required cutting holes in the roof, and simulating situations where a vehicle was driven through the wall. It is now boarded up and scheduled to be torn down within a few weeks. If the parking exemption is approved, we feel that this property may serve as a step-down in intensity between the C-4 zoning district and the existing single- family and duplex residences in the neighborhood. The site will be landscaped according to Code with a six-foot wall on the north and west sides. Our client intends to install a small sign indicating that the parking lot is for employees only and to provide a gate that will be locked each evening. The DeVoe family is committed to proper maintenance of the proposed site. They understand that the appearance of this site reflects on their entire organization. Therefore, it is our opinion that the proposed parking area will be an attractive visual booster to the neighborhood rather than a nuisance. Thank you again for discussing this petition further prior to rendering a staff opinion. Please let me know if there are any other points we can clarify. DeVoe Parking Exemption Petition NalTative Statement Agenda Item No. 78 July 24. 2007 PE-2006-AR-I0551Page 17 of 76 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM The requested DeVoe Parking Exemption would allow parking spaces for employees of the new and used automobile dealership to the east to be located on the subject propelty, The subject site is 0.23", acres located on the north side of Trail Terrace Drive, immediately west of FOUlieenth Street. It is designated Urban, Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Collier County Growth Management Plan. The property is zoned Residential Multiple-Family-6 (RMF-6) and is within the Corridor Management Overlay (CMO) on the Official Zoning Atlas Map of Collier County, Although the propeliy is within 330 feet of Goodlette-Frank Road, the provisions of the eMO do not apply to this site because it is not abutting or adjacent to the right-of-way, as required by Section 2.03.07.A.2 of the Land Development Code (LOC). Section 4.05 .02.K.3.a of the LDC contains specific circumstances under which an applicant may requcst a parking exemption. This petition falls undcr the second scenario in which the proposed off-site parking area is not in a eommcrcial zoning district. Approval of parking exemptions is based upon the 12 factors outlined in LOC section 4.0S.02.K.3.b. Consistency with thcse 12 provisions is demonstrated below. 1) The subject property is intended to supplement the parking requirement and provide a parking area for employees of an auto dealership that is under construction east of the site. Based on the approved site plan, the required amount of parking for the dealership is 14 spaces. Currently, 18 spaccs are provided on-site. It is anticipated that the deaJcrship may be expanded to the south, in which case more purking will be required. Should this petition be approved, 14 spaces would be constructed on the subject property to meet the increased requirement. The parking exemption is not intendcd to provide parking area that is drastically more than the number of required parking spaces. It is also not intended to displace customer parking to this area. 2) The subject property is adjacent to the property it serves, but is separated ii-om it by Fourteenth Street, which is a local road with a 60-foot right-of-way width. This is a reasonable distanec for an employee to walk to the building. Many commercial Jocations provide on-site parking lots that extend a further distance li-mn the building than this width. 3) As stated above, the subject propelty is separated from the commercial site by a local road rather than a collector or arterial road. Despite this, a complete pedestrian system will safely convey employces to the dealership. 4) The subject property will be designed to promote pedestrian and vehicular safety by prohibiting vehicles from backing directly onto Fourtccnth Street, by separ-ating pedestrian paths ii-om vehicuJar travel lancs and by providing signage and pavement markings to increase awarencss of any points of interaction between vehicular and pedestrian traffic. If the parking exemption is approved, a final site development plan will be submitted that is consistent with LDC provisions regarding these items. Page 1 on . Agenda Item No. 78 July 24. 2007 Page 18 of 76 5) The neighborhood surrounding the subject property is transitional between residential and commercial areas. This site and the lots to the north and south of it are immcdiately west of the General Commercial Zoning District (C-4) Jocated along Goodlette-Frank Road, Currently, this district supports a landscape and fertilizer company, a day care facility and auto dealerships that are accessible from Fourteenth Street. A residentially-zoned lot Jocated one block north of tlle subject property was granted an off-site parking exemption for a similar purpose. That lot and the subject property serve as buffers between the more intense commercial area and the neighboring residential sites. The neighborhood is built out with older single-family and duplex residential uses, but redevelopment activity continues on a lot-by-Iot basis, 6) If the parking exemption is approved, it should not create a parking problem for the neighborhood. This lot would be specifically for employees to utilize during normal business hours. All customer parking spaces will be contained on-site. 7) Employees utilizing the proposed lot would proceed directly to the lot by way of the existing road network and would not cut through the auto dealership. Internal traffic will . remain internal to the dealership. 8) Ingress and egress to the proposed off-site parking lot will be onto Fourteenth Street. Generally, the east side of Fourteenth Street serves conunercial properties and the west side serves residential uses. For the most part, driveways for the residential lots access the perpendicular local roads rather than Fourteenth Street. While Fomieenth Street may be viewed as a partially residentiaJ road, the alternative access is onto Trail Tenace Drive which is a purely residential street. The conceptual site plan provides access onto Fourteenth to minimize impacts to the residential area. 9) The subject property abuts two lots zoned RMF-6 that are already developed with single- famiJy and dupJex residences. The north and west side of the site will be Jandscaped with a l5-foot wide Type-B buffer, including a six-foot high wall. This will serve to separate and screen existing residents from the parking area. 10) The off-site parking area will not be used for valet parking services. 11) The off-site parking arca will be used for employees only. J 2) Due to site constraints including the width of the commcrcial property, the applicant fccls that the off-site parking area is the most viable option for employee pm'king, In addition to the considerations above, LDC Section 4.05.02.K.3.c requires that motor vehicles may not back directly onto rights-of-way. The conceptual plan shows a potential layout that accommodates this requirement. This parking exemption petition, as proposed, meets all the Land Development Code critcria, Thc lot is placed to serve the auto dealership while adequately buffering residential Jots from the Page 2 of3 Agenda Item No. 7B July 24. 2007 Page 19 of 76 more intense commerciaJ district. Landscaping, including a six-foot wall further protect neighbors from potential any negative impacts, Use of the site will be limited to normal business hours which further decrease impacts to the neighborhood. New landscape buffering will provide an attmetive streetscape at the entrance to the residential area. Overall, approval of the parking exemption petition does not pose any nuisance to the neighborhood or threat to public health, safety or welfare. Pngc30f3 y ,.. Agenda Item No. 78 July 24. 2007 Page 20 of 76 RESOLUTION NO. 07- A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PE-2006-AR-10551, IN ORDER TO PERMIT OFF-SITE PARKING ON A NON-CONTIGUOUS LOT ZONED RESIDENTIAL MULTI-FAMILY (RMF-6), LOCATED AT 1397 TRAIL TERRACE DRIVE. WHEREAS, the Legislature of tlle State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to c!itablish, coordinate. and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto adopted a umd Development Code (Ordinance No. 04-4C as amended) which cstaulishes reguLations for the zoning of particular geographic divis.ions of the County; and vVI-lEREAS, Section 4.05.00 of the Land Devdopme.nt Code sets forth requirements and ::;tandards for off-street parking and loading facilities and pe.rmits an e.xemption from these standards under certain circumstances; aod WHEREAS, after prope.r notice, the Board of Zoning Appeals held a public hearing to consider Parking Exemption Petition PEM2006-AR-l0551 and found that the criteria set forth in Section 4.05,02.KJ. of the Land Development Code has been met and the Petition should be approved; and WHEREAS, all interested parties have.been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA lhat: Pelition PE-2006-AR-to55t filed by Q. Grady Minor and Associates. P.A., representing t.he DeVoe Family Limited Partnership ("Owner"), is approved to permit off-site parking on non- contiguous land zoned Residential Multi-Family (RMF-6) ut 1397 Trail Terrace Drive, more particularly described in Exhibit "A," The off-street parking shall comply willi the Site Plan dated September, 2006, prepared by Q_ Grady Minor and Associates P,A., attached hereto as Exhibit "B", and shall be subject to the conditions attached in Exhibit "C," Page 1 of2 Agenda Item No. 78 July 24. 2007 Page 21 of 76 BE IT FURTHER RESOLVED thut (his Resolution be recorded in the minutes of this Board. PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier Connty, Florida, this day of ____ .2007. ATTEST: DWIGHT K BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , Depnty Ctcrk By: JAMES COLETTA, ChairmlUl By: Exhibits: A. Legal Description B. Site Plan, dated September 2006 C. COllditions of Approval rage 2of2 Agenda Item No. 7B July 24.2007 Page 22 of 76 LEGAL DESCRIPTION . THE EAST HALF OF LOT 19 AND ALL OF LOT 20, ALL IN BLOC!<[ OF ,TRAIL TERRACE. AS RECORDED IN PLAT BOOK 2 AT PAGE: 94 IN THE PUBLIC RECORDS OF COLLIER. COUNTY FLORIDA. EXHIBIT A PE_2006-AR-10551 " " c " ~ ~ ~ ~ 2- ~ ~.:t i "-l EC~ . t:> 0;'5 ~~ I" z '. .~ ~~ ;! ~ ~ ~ ~~ " 0 ~ -" M s: ~ ~~ O~ . ;::!~ h._ -~ fiil - ~. tTI~~ ~'i' "ii ~i.j E~I ="'~ . - - :oi!~i!~ ~E~ ~ II ,~~ ~. ~t .i~! "'~ , !!i :- i:; i -: ~ ~ ,_/ I I , -- '- --::;- JJ'NIB1'rvUl_ ~- --llla ~ -~I -- -- , // \~ 1 ; / l : 'I ~( ~ :,~;o : I- ~ ~- I' : I I' : 1 , , I I ~-'--~-- 6 u ~'(j 111;1 II f: ~1..: IIl::1 II UI II 1',~! 11'.:1 \ l~ ;-J 11 hi II H 11."1 Ilt:',1 11, ~I IFd 11:;':;: II r>j' 11\'. II i':J 11 I:;: \I r'_~\ 11'1 II' II :- II . II II " II I;: II rJ I ~ 11-[<\ 11 :'~;i II [;'1 1'1 t:\\ Ii I'::": II '. 'I, II ". 1!~ -it 'I Ii --' 0 I _. "- '\ Ill' ) ==1== _ II 'i- ;, i~ I ! II \ 1 l1J1IJJ- if _ i y~\ ~~- -""'~~r-'! lit, _", \/ \';;;':~", ',C,' '-_'C', "- ", ,.' 'J_ _ -~~-"'" ~ \I . \I II II t{ II 1 II I II II # o ~[ plS~ ~~; 2. ~" I,': ~ ~ ~ ! ~ ~ '" ~ g '0" j ~ g ~ .. ~ '- I I ~. ~' , , . ~ : I I 1 I I I '. ~\ I , ~,l 1 I ~I' I I ~1"2 I , I I I 1 I I 1 i I I I I I : I, 'f I " I ) . I IU /' I , I I I , -I , "If ~l! 5.! " "j I I 1 \ II Ii II II " II II II \I II II \I \I \I II II II \I \I \I \I ' \I I II : )I I /J I j I L , - - ":,,,:,,,",""'",",C,",,,D., j', rft I ,1, 'I' k ~I:" I; I, \~ I'\'\ Ij: ~ ~ j-H-tf I 1 Ii I ,:;; ~ ~ ~. JJ ~ Ii" I' f;: t.' T '1 ': I, ~.. '1 ~~ h ~:l'..",.; i~OI'" .. 9~ir~ '. ~.:: ,,~<<i " ~~,,~ I lt ~~ ~ )- /1 i I I 1 r ~ XHIBIT B 1 06-AR-1055 E PE-20 J -~~- T Agenda Item No. 78 July 24,2007 Page 24 of 76 CONDITIONS OF APPROVAL DEVOE SUZUKI DEALERSHIP J. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "DeVoe Parking Exemption," prepared by Q. Grady Minor and Associates, P.A. and dated September 2006. The site plan noted is conceptual in nature for parking exemption application approval onJy. The final site design and development order plans shall be compliance with all applicable federal, state, and county laws and regulations; and 2. The Parking Exemption is limited to a maximum of J4 parking spaces that shall be restricted to employees of the Suzuki auto deaJership only; and 3. Prior to the use of the site as a parking lot, the owner shall install a sign indicating that the parking lot use is limited to employees of the Suzuki dealership only. This sign must be shown on all development plans and is subject to further review by county staff; and 4. Prior to the use of the site as a parking lot, the owner shall install a gate across the entire entrance, This gate shall be Joeked at the end of every business day after the last empJoyee has departed. This gate must be shown on all development plans and is subject to further review by county staff; and 5, The petitioner shall revise the site plan as part of any development order submittal showing new, code-compliant sidewalks, Upgrades to existing sidewalks are not acceptable. Drafted: 4/3/07 EXHIBIT C PE-2006-AR-10551 G:ICurrentIMossIExemptions, ParkinglOeVoe, PE_2006-AR-10551ICONOITIONS OF APPROVAL 11-3.06.rtf ~,."... Agenda Item No. 78 July 24. 2007 Page 25 of 76 RESOLUTION NO, 01- A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXBMPTION PETITION PE-2006-AR-I0551, IN ORDER TO PERMIT OFF-srm PARKlNG ON A NON-CONTIGUOUS LOT ZONED RESIDENTIAL MULTI-FAMILY (RMF-6), LOCATED AT 1397 TRAIL TERRACE DRIVE. WHEREAS, the Legislature of the State of .Florida in Chapter 125, Florida Statutes, has confen'ed on a11 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 vVHERBAS, the County pursuant thereto adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Section 4.05.00 of the Land Deve.lopment Code sets forth requirements and standards for off~street parking and loading facilities and permits an exemption from these standards under certain circumstances; and WHEREAS, after proper notice, the Board or Zoning Appeals held a pu bIic heal'ing to consider Parking Exemption Petilion PE-2006-AR-I055t and found that the criteria set forth in Section 4.05.02.K.3. of the Land Development Code has been met and the Petition should be approved; and WHEREAS, all interested parties have"been given opportunity to be heard by this Board in a publk meeting and the Board having considered all matters presented. NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF ZONING APPEALS Of COLLIER COUNTY, FLORIDA that: Petition PE-2006-AR-I0551 filed by Q. Grady Minor and Associotes, P.A., representing the DeVoe Family Limited Partnership ("Owner"), is approved to permit off-site parking on non- contiguous land zoned Residential Multi~Farnily (RMF-6) at 1397 Trail Terrace Ddve, more particularly described in Exhibit "A" Tbe off-street padJng shall comply with the Sit~ Plan dated Scplelnber. 2006, prepared by Q. Grady Minor and As~ociates P.A., attached hereto a~ Exhibit "B", and shall be subject to the conditions attached in Exhibit "C." Page 1 0(2 ~ Agenda Item No. 78 July 24. 2007 Page 26 of 76 BE iT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, PASSED AND DULY ADOPTED by the Board of Zoning Appeals of CatHer County. Florida, this day of .2007, ATIEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLiER COUNTY. FLORIDA . Deputy Clerk By: JAMES. COlETIA. Chairman By: A fa e ' tofo'm an le s f Jeff Y A. Kia ow Ass tant COUI t Attorney Exnibits: A. Legal Desedption B. Site Pian, dated September 2006 C. Conditions of Approval Page t. of2 Agenda Item I~o. 78 July 24. 2007 Page 27 of 76 . . .. . '. . LEGAL DESCRIPTION . . . . . . '. . .' . THE EAST HALF OF LOT 19 AND ALL OF LOT 20; ALLIN BLOCKE OF ,TRAIL TERRACE AS RECORDED II~ PLAT BOOK 2 AT PAGE 94 INTHt: PUBLIC RECORDS. OF COLLIER.' COUNTY FLORIDA, .,".... . EXHIBIT A . PE-2006-AR-1 0551 . 'co r-- f..O r--Or-- O~ ON 0 Z '-CO "N ~<ll '0> , C\J ,.... "")0... -0 c <ll 0> <! II rJ II IA II Fj< IIt;'J II l~~ _ 111'.'1' I r~' 111::i11 l', II F~:J II li~ It.".1 I ~:.i 11\'(1. 11 fl1, 11[; I III'" 11,::" i :i \~;l , ii '~<: I IIi. II I rl; II II, II 'II' :: .1 liS!. II ~lf II r.~ 1111 dl:t ~~ 8J; 11 I' Ii 8\ II < U II ~:. l\ ! II ';~ II I I I II I, I', II' I ' II I~ 1\\ I :: [i \ \ \ \ \ 1:1 I ~II\\' I 0- _ \ \! \ 1 '\ - -===- 1 , II I : l : 1 / II ~~",~j"El:~;~~~=~l:i L~_PE-~t~~~-~05~ ~~............~~ ' --~- L ------.- ~-~---~.-"'':;v;c;',~,. -- -*-T 1<''''''''''1<1...",,"<",., ,-:::;,:1\f,1'~;~~;t Ci ;$~i4~<4~~~\i~=~d"J:-'~:-~'~_,"__ .,. '-'-1<---";"; r ~- , . .-.....-.w;-~ J1 I r. n ~ ~ f. .. . . . '.J I "II .1 ., , , '! 1- 'I .... 110..'11'\ . ! , :r . (~.'. -.......... ,.."'~ . I ' ...' -ffi-' ~" '..1 = -4 u. ~w ..........., II R .. , ~ ~: . ~ '''j'''q : 'j,':1~,~:~i':Wt~,~!~j~!~)~;l,i ;\1 Jrn"i.'; ;~;':::'-i:~j'1~~:~i;f"~,!ll'~:IJ.~:-~~t,r t~~.. }~t:~ ~~J{f i:'-; ;~i r~ .~ ~;il Ii -,!X n-'~, lSt~il._, ,;;, j~ZrlJ;':\"111,'j!~"" '.' '.n__ H:t,rr.";"Jj~:".""....,. : . , II . 1\ II II II 1 Ii I II II // I i I I i i i I ! L I !' 'Ill ;;1 ;!l 'IS "~ 1,;1. \,1 m lb. , I II II ,- ll! ! '" , . III I . .I ~ll C) ~~ ~15~ "~; :::~ -'-'0-'-. .--'-.-, .' . ;; .. ~ " ~ I g;; ~ ~ ~ ~., ~ t..i ~tii ., ~ ~<( ,A ~ Zw ~fi !-is<: trI ~ t '" ~- ,. ~ a: ~ ~~ 0; 0 ~ -' ~ ,. "i '" < q '- . !-/ ! I I I I i ! I, 1 } I I I,. I;: ;;:' M Ii. J__~-.,._ f~f~.'~ii ! --1'::::__.." """".'v,,__ ~~ti ~oli r- ~-l__ -__ ~~;.!.! .. ~... ~v .~k ... u_ _ ~ ~ 'I ;e, I / g 'q,j! ' :; , ;: 111;11 I I~' , ~~g.T.. :~' .. II I - ~- 0., ~ :;:~:f I I f'c.it : I ;: i ~.~~ ii" ;- , , I I ~ '! ~ ! .~ ;- - '" ~ = ~ ~. 9 ~ i i ~ ~ !I: , , , I 1 I I I I ~\ I \ ~II \~. I I I I I I I I I I I I I I I I I I t I I \ I 1 " . . ) , ! r,j " i:;' / I , , ,. ! I ,~ ~, \:j5~",~ ~ ~~gi~ ;f~j';lf)uI '- 0"::"''1 ~ Ii,r';; ~o _ )- /"'\ ( \ I I ~ Agenda Item No. 78 July 24. 2007 Page 29 of 76 CONDITIONS OF APPROVAL DEVOE SUZUKI DEALERSHIP I. The Parking Exemption is limited to what is shown on the conceptual site plan, identified as "DeVoe Parking Exemption," prepared by Q. Grady Minor and Associates, P.A. and dated September 2006, The site plan noted is conceptual in nature for parking cxemption application approval only. The final site design and development order plans shall be compliance with all applicable federaJ, state, and county laws and regulations; and 2. The Parking Exemption is limitcd to a maximum of 14 parking spaces that shall be restricted to employees of the Suzuki auto dealership only; and 3. Prior to the use of the site as a parking lot, the owner shall install a sign indicating that the parking lot use is limitcd to employees of the Suzuki dealership only. This sign must be shown on all development plans and is subject to further review by eounty staff; and 4, Prior to the use of the site as a parking lot, the owner shall install a gate across the entire entrance. This gate shall be locked at the end of every business day after the last employee has departed, This gate must be shown on all development plans and is subject to further rcview by county staff; and 5, The petitioner shall rcvise the site plan as part of any development order submittal showing new, code-compliant sidewalks. Upgradcs to existing sidewalks are not acceptable. EXHIBIT C PE-2006-AR-10551 G:ICurrentIMossIExemptlons, ParkinglDeVoe, PE-2006-AR-10551ICONOITIONS OF APPROVAL 11-3-06.rtf Agehda Ijenr'~7B Juty"24>z007 Page 30 of 76 (i) -<Ot<"'" 2800 NORTH HORSESHOE DRIVE NAPLES, FLORI DA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET . APPLICATION FOR PUBLIC HEARING FOR PARKING EXEMPTION (LDC 4.0S.02.K) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [PE_2006-AR-10551 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM ] Above to be completed by Staff GENERAL INFORMATION APPLICANT DEVOE FAMILY LIMITED PARTNERSHIP II ADDRESS PO BOX 1098 TELEPHONE # 239-261-1234 CELL # CITY NAPLES STATE FLORIDA ZIP 34106 FAX # 239-649-7452 E-MAIL AD D RES 5: _______________________________________________________________________ AGENT SANDRA BOTTCHER ADDRESS 3800 VIA DEL REY TELEPHONE # 239-947-1144 FIRM O. GRADY MINOR AND ASSOCIATES, P.A. CITY BONITA SPRINGS STATE FL ZIP 34134 CELL # ____________________ FAX # 239-947-0375 E-MAIL ADDRESS:SBOTTCHER@GRADYMINOR.COM Last revised 11/23/05 r Page 1 of 10 I I f I I (I i ! / I i Agenda Item No. 78 July 24, 2007 Page 31 of 76 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. ADDITIONALLY, THIS PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMATION AND SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (LDC). GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. [ ~ OWNERSHIP INFORMATION NAME OF OWNER(S) DEVOE FAMILY LIMITED PARTNERSHIP II ADDRESS PO BOX 1 098 CITY NAPLES STATEFL ZIP 34106 TELEPHONE # ____________________ CELL # ____________________ FAX # _____________________ E - MAl L AD DRESS: _________________________ ______________________________ ________________ I PROPERTY LOCATION Detailed leoal description of the property covered bv the application: (If space is inadequate, attach on separate page,) Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maxi mum 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. PRINCIPAL SITE: Section/Township/Range 22/49/.Q Plat Book 1; 2 Page #: 80: 94 Lot: 1 - 3: Lots 1-5 Block: F & G UniC_ Subdivision: Decker Highlands: Trail Terrrace Property 1.0. Number(s): 29782400006. 29782440008. 29782480000. 77412360002. 77412400001. 77412480005. 77412440003 Last revised 11123105 Page 2 of 10 9 Agenda Item No. 78 July 24. 2007 Page 32 of 76 OFF-SITE PARKING AREA: Property I.D. Number(s): 77411680000 ____r212?:-___BJ1Jl~HELL___.u;cAL:::::1?li5~=gJ.:rT1J,2.tl________ Size of property; 134.90 ft. X 75.03 ft. '" Total Sq. Ft. 10.121.5:1: Acres 0,23:1: Address/general location of subject property: .1397 Trail Terrace Drive The propertv is located on the northwest corner of 14th Street a,n,d Trail Terrace Drive Approximatelv 500 feet South of Solana Road, --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- '."-'-,--':"-"::'-.::"'<:"':' ASSOCIATIONS. ." ~ L Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. If there are NO associations, please indicate N/A for EACH item. NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS __________________________ CITY ____________ STATE _____ ZIP __________ NAME OF MASTER ASSOCIATION: NIA MAILING ADDRESS ____________________________ CITY ___________ STATE ____ ZIP __________ NAME OF CIVIC ASSOCIATION: NIA MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP ____________ Last revised 11/23/05 Page 3 of 10 Agenda Item No. 78 July 24, 2007 Page 33 of 76 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). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership Last revised 11/23/05 Page 4 of 10 y Agenda Item No. 7B July 24. 2007 Page 34 of 76 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 Richard H. DeVoe. Naples. Florida Barbara J, DeVoe. DeVoe Familv Reduction Trust 7.24% 6.24% 86.52% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract; ________________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Last revised 11/23/05 Page 5 of 10 Agenda Item No. 78 July 24. 2007 Page 35 of 76 PROJECT INFORMATION. I Zoning of proposed off-site parking lot RMF-6 Zoning of commercial tract the Parking Exemption is proposed to serve (-4 Type of land use that the parking exemption is proposed to serve New and Used Car Dealership Total number of parking spaces required for project lQ Number of Parking Spaces Proposed Off-Site 14 Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? DYES I2SJ NO If yes, please name the roadway: 14th Street Does the permitted use propose to share required parking with another permitted use? DYES I2SJ NO c I EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of Zoning Adjustments shall be based upon consideration of the applicable criteria noted in LDC Section 4.05.02.K.3.b. Please provide a narrative statement describing the request with specific reference to the criteria noted in the cited section of the LDC. Include any backup materials and documentation that you wish to have considered in support of the request. Last revised 11/23/05 Page 6 of 10 . /I,genda Item No. 78 July 24. 2007 Page 36 of 76 PARKING EXEMPTION (PE) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITIED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Comoleted Apolication 20 x Pre-Application meetinq notes 20 x Conceptual Site Plan 24" x 36" 20 x Site Plan 8 Y. " x 11" 1 x Narrative Statement (based upon LDC Evaluation x Criteria) 20 Warrantv Deed 2 x Owner/Aqent Affidavit, siqned & sealed 1 x Boundary Survev, no more than 6 months old 124" x 36") 4 x Electronic copies of all document & Plans 1 x AddressinG Checklist 2 x Location Map 2 x 10-Year Lease Aareement (see LDC 4.05,02.K.2.a) 2 x .;es: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. ~ $1,500 Public Hearing Application Fee ~ $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees; a new pre-application meeting may be required. ~ $729.00 Legal Advertising Fee for eepe meeting (to be reconciled upon receipt Naples Daily News Invoice). ~ $363.00 Legal Advertising Fee for Bee meeting D Property Owner Notification Fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept, of Zoning & Development Review) As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result In the delay of processing this petition. A~U;; L1!20(OG Date LEGAL DESCRIPTION Agenda Item No. 78 - July 24, 2007 Page 37 of 76 THE EAST HALF OF LOT 19 AND ALL OF LOT 20, ALL IN ElLOCI<E OF .TRAIL TERRACE AS RECORDED IN PLAT BOOI< 2 AT PAGE 94 IN THt: PUBLIC RECORDS 'OF COLLIER COUNTY FLORIDA. , PE-2006-AR-10551 PRO.TECT #2006050058 DATE: 9/26/06 Agenda Item No. 7B PE_2006-AR-10551 July 24, 2007 PROJECT #200605005lf'age 38 of 76 DATE: 9/26/06 KAY DESELEM AFFIDAVIT Well, OP.Vo" FRJ11i ly r imHPC1 PArtm.r",h,p TT being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, Including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be compiete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted, As property owner We/I further authorize O. Crady Minor and Associates, P.A.. to act as our/my representative in any matters regarding this Petition. ~~ '/J.;1Jde /kw~-f4;t:M- , -----------------------------j -------------------------------- Signature of Property Owner Signature of Property Owner DeVoe Family Limited Partnership II Richard H. DeVoe General Partner Typed or Printed Name of Owner Typed or Printed Name of Owner ;-I.h- The foregoing instrument was acknowl~ed before me this __k.=-_ day of _-;:LJ/.L!..C___, 2006, by elf.J/.iL~ILJl:.~llldJ.p_L_~ is personally Kr10Wi'rt~ or has produced ________________________as i dentificati 0 n. State of Florida County of Collier (Signature of Nota Florida) ,""'1' .1i<iJ"'(~ PMlELAJ.OAVlS f-,.. ';-\ MY COMMISSION I 00 144125 ~'. .. j EXPIRES: D""mber 2{) 2006 ~P.~,f.,'" BctlIiKIThfVNolaryPubllt:U~ _______ff1.!!1HiL___Sl._~_~bAi!.L$ (Print, Type, or Stamp Commissioned Name of Notary Public) Last revised 11/23/05 Page 10 of 10 Book 4043 - Page 2073 Agenda Item No. 78 July 24Pilllil71 of 1 Page 39 or 76 ._ '.1 bll ?!~I '" ... ~ ~ PE-2006-AR-10551 PROJECT #2006050058 DATE: 9/26/06 KA Y DESELEM 3844786 OR: 4043PG:2073 IICORDIP in omeIAL UCOIDS of COLLIn comr, r 05/15/2006 at !0:59lK PIIGST I. BIGel, CLJRI COIS 1185000,00 lie III 18.50 DOC-.70 13115,00 Pn:l1ared hy and retllm to: Kathleen C, Passldomo, Esq, Kelly, Pauldomo, Alba & Cassner, LLP %390 Tomloml Trail North Suite Z04 Naples, FL 34103 Z39.Z61.34S3 File Number. DeVoe Will Can No.: 80-02483 Retn: fiLLY PASSIDOKO IT AL 2190 TAHIlKI TI I #201 lAmS PL mOl rSpaccAhovll This Une- for ReconJing Data) Warranty Deed This Warranty Deed DllIde this,;t day of __J1tfJ1- __ 2006 belween Rebecca Walloee a/kJa Rebecca Z. Wollace, 0 single woman, grantor, and DeVoe Fam~ Partnership II, 0 Florida limited partnership whose post office address is 1'.0, Jlox 1098, Naples, FL 34106, grantee: (Whenever used. herein the lerms "gtantorlt and ~gnintee" include illllM pnrties: to lhis instrumCtlI Md the heirs, (cgBl rcpNlSmtatives, ~nd asSign5 or indl....iduals. aIM! Ihe SlJCljCSSors and Qssi.sm of <:orporatIOfl1, trusts llnd (ruSleos) Witnesseth, that soid grantor, for ond in con.idel1ltion oftbe sum ofTEN AND NO/loo DOLLARS ($10.00) lIJld olher good and voluable eOMiderutlons 10 soid grantor in nlltld paid by said grantee, lhe receipt whereof is hereby acknowledged, bllS granted, hargained, and sold to the said gruntee, and grantee's hem IlJld assigns forever, the following described land, situate, lying and being in CoOler Connty, Florida to-wit: Lots I, 2, 3 and 4, Bl..,k G, TRAIL TERRACE, aCCilrdb.g to the Plat thereof, rccorded In Plat Book 2, Page 94, Public Records of Colller County, FlorIda, LESS AND EXCEPT lhe South Four (4') feet otLol4. , Parcelldenllfieatlon Number: 77412360002177412400001/77412440003/ and The Easl1l2 Of Lot 19 and All of Lot 20, Block E, TRAIL TERRACE, according to the Plat thereof, reeorded In Plat JI(H)k 2, Page 94, Public Records of Collier County, Florldo. ParcelldentlficaUon Number: 77411680000 SubJed 10 tues ror 20116, and subaequeDt years; covenants, conditions, restrlctlons, easements, reservations and Ilmltallon. of record, if any. Together with all the lenements, heredilllmenl.'llllld appurtenances therelo belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said gruntee Ihat the grantor is lawfully seized of said land in fee simple; thot the grantor has good righl and lowful authority to sell and convey said land; that the granlor hereby fully warranl.'l th.tille to said land and will defend the same agailtlll the lowful claims of all persons whomsoever; and thaI said land is free of all encumbrances, except taxes occruing subsequent to December 31, 200S. In WItness Whereof. grantor has horeunto set gralltor's hand ond s.al the day llnd ye", first above written. . Agenda Item No. 7B July 24. 2007 Page 40 of 76 ADDRESSING CHECKLIST - Please complete the following and submit to the Addressing Section for Review. Not all items will ap~llv to every proieet. ]terns in bold type are required. I. Legal description OfStlbject property or properties (copy of lengthy description may be attached) Trail Terrace Block E EI2 of Lot 19 and all oflot 20 OR 149[, pG 385 c:.- 2.. - ll-- '4 - Z-- is 2. Folio (Property ill) lIumber(s) of above (attach to, or associate with, legal description ifmore than one) 77411680000 3, Street address or addresses (as applicable, ifalreadyassigned) 1397 Trail Terrace Drive 4. Location map, showing exact location ofprojectlsite in reJation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SOP 9, Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) DSDP A (ito1' Amendment) o SD1'I (SOP Insubstantial Change) o SIP (Site Improvement Plan) o SIPA (SIP Amendment) o SNR (Street Name Change) o Vegetation/Exotic (Veg, Removal Pennits) [gJ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: - 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o o o o o o o o pPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (BJasting Permit) ROW (Right-of-Way Permit) EXP (Excavation Pennit) VRSFp (Veg. RcmovaJ & Site Fill Permit) 11. Please Check One: [gJ Checklist is to be Faxed Back D Personally Picked Up 12. Appllcunt Name Sharon Umpen!iour Phone 947-1144 .Fax ..w.:.0375 13. Signature on Addressing Checklist docs not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number :'4 G..c.z'i' Address Number \ Ot "Z-'c- -T;:;:' Address Number Address Number Approved by ii,,, ~,A ",\f\ .---.f _ ~ ; \. C),tCL~ Date __';;?_::- \ en -0(:., PE_2006-AR-I0551 PROJECT #2006050058 DATE: 9126106 KAY DESELEM Aqenda Item ~'O. 78 JUlY -"4, LUU I Page 41 of 76 32 34 ::'6 31 :\2 .33 35 VANDERBIL T BEACH ROAD 0 '" 2 6 5 <i 3 > 7 W -' :0 0 en -..----. -~~- ---- ------ Z <i '" 0 -' 9 10 11 12 7 8 PINE RI GE ROAD (C.R. 1896) Gu,r Of' MEXICO -' <i '" ~ o > -' en <i '" -'i- 29 I ] :; "' 2 14 13 18 17 ;;) o <i () '" z o ~ "' " 24 ~ :J I I I I 20 ci __-2-'" p <i o '" r' If) if)22 I ro ~ " '" ~ 23 19 '" z :J -' ~ rL --1...-__. ~ '" o rL 0- " 21 " <i " <i ~ 28 o <( o 0- 27 y Z <t ~1?6 25 3D PARKWAY (CR. 886) COLO EN GA lE 33 I w _r::__ ~. kl ~ o () 03'1 " 30 31 32 35 LOCATION MAP N.T.S. PE_2006-AR-I0551 PROJECT #2006050058 DATE: 9/26/06 KAY DF,SELEM OWNRRJDF.Vr.LO~ D~l(HU::1) Il't. see Q. GRADY MINOR AND ASSOCIATES, P A DEVOE PARKING EXEMPTION MR RICH ARO H. OEvOE nRA'IINBY. '^" CI~Jl, r.tiCltiEEf'S . !..AND SURVEYORS. PI.Mu.'ERS OEV~ F MIlL)' LIMITED APPROVE:D: IAl'tM "" "' m:t. Rev LOCA liON MAP PARINE~SHIP BOlIlTA SPllltms. FLORIOA :l4I:H IOIS WILDERNESS DRIVE J08 {;(IDt: O"'K NAPLES, n.. J4105 PHOH't, (~3Vf 94?_IlH ,.o\.X;(239)947-0370 DAtE: elf<)l~~RlIfG ClRtl'IC"ATI ar .lItllQ~J1:M10H n ~lal '" , SCALE: SU~'1:Yum C"ll'T1flc.B Of A\I1ItOItfl'f!OH UlllQO&m ),lAY 2006 9 PARKING EXEMPTION (PE) APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 7B July 24, 2007 PE-2006-AR-l0551 Page 42 of 76 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 20 xv Pre-Application meetina notes 20 x v Conceptual Site Plan 24" x 36" 20 x t/' Site Plan 8 Y, << x 11" 1 x V Narrative Statement (based upon LOC Evaluation x / Criteria) 20 v" Warrantv Deed 2 x t/ Owner/Aqent Affidavit, sianed & sealed 1 x \/ Boundary Survev, no more than 6 months old (24" x 36'') 4 x C/ Electronic copies of all document & Pians 1 x v' Addressina Checkiist 2 x --"" Location Map 2 x v 10-Year Lease Agreement (see LOC 4.05.02.K.2.a) '.' 2 x ~es: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. I2SI $1,500 Public Hearing Application Fee I2SI $ 500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees; a new pre-application meeting may be required. I2SI $729.00 Legal Advertising Fee for eepe meeting (to be reconciled upon receipt Naples Daily News Invoice). I2SI $363.00 Legal Advertising Fee for Bee meeting o Property Owner Notification Fees. Property Owner Notifications $7.00 Non-certified; $3.00 Certified return receipt maif ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal Information may result in the delay of processing this petition. Agent/Applicant SIGNATURE Date PE_2606-AR-16551 PROJECT #2006050058 PARKING EXEMPTION DATE: 9126166 PRE-APPLICATION MEETING NOTES KAYDESELEM (i) Agenda Item No. 78 July 24. 2007 2800 NORTH HORSESHOE DRI'J'E"ge 43 of 76 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (IJ),i\ IJb -+ fClSSDC . Proiect Name: Applicanl Name: I Owner Name: tJ..&~ ~<...~ [-teL Phone, Owner Address:. . _City Zoning of bolh Iracts (2..5 r ~ tf , C - ~ Assigned Planner ~~c5LL ~}iJC' cuvu....<:::, Slale ZIP Submittal Requirements (refer to application for additional requirements) No. of Copies lIem lSQ120 Completed Application rzg 20 Pre-Application Meeting Notes 1Sa720 Conceptual Site Plan 24" X 36" [Sf 1 Site Plan 8 W' X 11" 0'20 Narrative Statement (based upon LDC Evaluation Criteria) '0 2* Warranty Deed 12?"1* Owner/Agent AfFidavit, signed & notarized '~4 Boundary Survey, no more than 6 months old (24" x36") !;d] 1 Electronic Copies of all document & Plans W.2 Addressing Checklist G2J' 2 Location Mop o 2 1 O-year Lease Agreement (see LDC 4.0S.02.K.2.a) o OTHER D OTHER Fees. The following are current; however the fee schedule is subiect to change. The petitioner will be required to pay fees in compliance with the adopted Callier County Fee Scheduled In effect when the petition is accepted by Collier County, 'gJ' $1,500 Public Hearing Application Fee Et $500.00 Pre-application fee credil (ApplicaHons submitted 9 months or more after Ihe date of the la,t pre- application meeHng shall nol be credited towards application fees; a new pre-application meeting may be required. ~ $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). 0" $363,00 Legal Advertising Fee far BCC meeting W Property Owner Notification Fees, Property Owner Notifications $1.00 Non-certified/ $3.00 Certified re'urn receipl mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Parking Exemption Pre-Application Notes Revised 12/01/05 Page 1 of 2 , Agenda Item No. 78 , ~"'i~'Wci"",~,~,~w",ws"sg"""""='0"",S"'S"""'0"0""",J.;'~;~ I . ................................. '................'. ". ........'."'......".'."..'...".'''......''. '...'....... ................,..,.. .... ""..M . eel.I"'. ".N'o'.e s"'''................'....... .,.."........"...,..... .."....'.'...,'.., .....".'" "." ~'" ,1J?i~;..POb~AL~<~{)tR-OtJk,T)l~~-fupEl2-JY ()W~J02.5 ~/ 'I ( M::- Srr~ Affll)AVI16( CtuPI lA1-.Y'F fQ.o-PY C5F PP-{rPd21'/ 6woots L.J ~I N'o11CI?\) 16 aMM. ?UJNf,. Coo/Z.'D . ) r1JA.A.J-tLd'~ "lr I,^\~ UI,1..11til/'7c&f1 ri'...; ?)I{{Cu.)oJJ:. {ftILl~ Assigned Planner: Please check necessary reviewing departments: D Comprehensive Planning D Landscape D Transportation D Environmental 0' Graphics Parking Exemption Pre-Application Notes Revised 12/01/05 Page 2 of 2 m I~ ~. ~.. .... $. .ti 1;1 I~'~ ~.. ..Ci < V5 \~ ,C1.j ~ Ql '~ Ol: - - Ql = = Ql >- E 0 Q. ~ o .. e>"Qi ~ ~ ~ tuQ .~~-c ,\ - IJ. :; l\ 0.... '~W<<l \^' ~ ~ V) Q = '2 o N o @ '" E o :~ :e '(i) '0 :1 - '" = Ql Ql .. E -a '\: -a o <( Q. Ql '; Q ~ w '" E o ::: ;: :e M '(i) ~ :I:I ~ t::.: ~ ~ N1 z .. <( Ql w.... ..a :lEe. E <( Q ~ Z w Z I-z ~ ~ ~ . \ 0 Vi 0 S\! 0:: VI -= p"'<( e. ..,. ;;j N 01 ,; ~ N '< '" 0:> i:i ~ .;; ~ l) o u tti w I Cf) ;;:; Z (') ~ E ~ ~ " ~ => y (; . u~~ u~~ ~/~' ~.~ Agenda Item No, 78 July 24, 2007 Page 46 of 76 I~a~ ~o uo U~: Aua IwUJ. .llt;:!r' ....u. nUU,,",C.:J..:JJ.llCl _~ ADDRESSING CHECKLIST "lease complete the following and submit to the Addressing Section for Review. Not all items will aDDlv to every Droieet ll~ms in bold type are required. 1, Legal description of subject property or properties (copy of lengthy description may be attached) Trail Ten-ace Block E E 12 of Lot 19 and all oOot 20 OR 1491. PO 385 Z-'Z.. ~ G.-S - Z-5 2. Folio (Property ill) number(s) of above (attach to, or associate with, legal description ifmore than one) 77411680000 3, Street address or addresses (as applicable, if already assigned) 1397 Trail Terrace Drive 4, Location map, showing exact location ofprojectlsite in relation to nearest public road right-of-way 5, Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SOP 9, Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (EtoP Amendment) D SDPI (SOP Insubstantial Change) o SIP (Site Improvement Plan) o SIPA (SIP Amendment) D SNR (Street Name Change) D Vegetation/Exotie (Veg. Removal Permits) IZI Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, pUD rezone, etc,) D Other - Describe: 10. Project or c1evelopment names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o o D o o o o o PpL (Plans & Plat Review) PSP (Preliminary Subdivision PJat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting permit) ROW (Right-of-Way Pemlit) EXP (Excavation Permit) VRSFp (Veg. Removal & Site Fill Permit) 11. Please Check One: IZI Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name Sharon UmDenhonr Phone 947-1144 Fax 947.0375 13. 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 ONLY Primary Number 1'1 'Z-Z;G..=t Address Number \01 'G..:l-I<:::' Address Number n Address Number Approved by ;U.. '^ ...":,J:i \\!\. 6')(cC>_,"^ Date '5 - t 1.n -OG Folio NO,I177411660DOO M.i!R II ~ Current Ownership Property Addressl11397 TRAIL TERRACE DR ,^'genda It~e'l!OJ fIf 1 July "'4. ZOtii Page 47 of 76 Details Owner Name DEVOE FAM LIMITED PRTNRSHP II Addresses PO BOX 1096 Cltv NAPLES II State I FL T zipll 34106 -1096 Lagall TRAIL TERRACE BLK E E1/2 OF LOT 19 + ALL OF LOT 20 Section Township 49 Range 25 Acres 0,24 Map No, 4A22 Stra No. 669700 E 194A22 22 ~ Use CDde 669700 1 I TRAIL TERRACE I SINGLE FAMILY RESIDENTIAL eArea -1J Millage 12,7013 Sub No. 2006 Preliminary Tax Roll (Subjectto Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 296,776.00 II Date I (+) Improved Value $ 69,670,00 II OS/2006 (-j Market Value $ 365,446,00 (-I SOH Exempt Value $ 0,00 I (.) Assessed Value II $ 365,446,00 I I (-j Homestoad and other Exempt Value II $ 0.00 I I ('j Taxable Value II $ 365,446,00 I SOH = "Save Our Homes" exempt value due 10 cap on assessment increases, Latest Sales History Book - Page Amount 4Q43,2013 $1,6B5,000,OO ~ The Information!s Updated Weekly. http://www .collierappraiseLeomlRecordDetail,asp?1' olioID~0000077 4 J 1680000 10117/2006 , Book 4043 - Page 2073 Agenda Item No, 78 July 24?a\m71 of 1 Page 48 or?6 ,_ 1.1 ill; I~I ~ ~, PE-2006-AR-10551 PROJECT #2006050058 DATE: 9/26/06 KAY DESELEM 3844786 OR:4043PG~ 2073 RICORDID in OmCIAL RlCOROS of cotLIn rom!, rL OS/21/200' at 10:59AK OiIGS' I. BROCI, CLltl COIS 1815000.00 RlC rll 18.50 DOC-.70 13115.00 Prepared by and return tQ: Kathleen C. Passldomo, Esq. Kelly, Passldomo, Alba & CRssner, LLP 2390 Tamlaml Tran North Suite 204 Naples, FL 34103 239-261-3453 File Number: DeVoe Will Call No.: SD-G24113 letn: KILn PASSlDOKO If At 2390 fAKIAH! fR I '204 KAPLBB rL 3U03 -----1Spaee Abov. This Llfi. For Recording DalaL-- Warranty Deed This Warranty Deed made this ,1; dRY of .Lt~ 2006 between Robecca Wallaco a/k/a Rebecca Z. Wallace, a single woman, grantor, and DtVoe Famll mlled Partnership II, a FlorIda limited partnersblp whoso post office address is .P.O. Box 1098, Naples, FL 34106, grantee: (Whmcve:r used betcln the terms hgrantO~ and Itgnmtee:- includt,; all the! parties to thIs instrttlUt11t awl the hoil'8. legnl representatives. nnd assigns. or indivfduals, nnd Il1c jUCClCS$ors nnd ussigns or corporations. tnlst.!llind trustees) Witnesseth, IhRt said grantor. for and in cOllsideration of the.ultl ofTEN AND NO/lOO DOLLARS ($10,00) and other good and valuable considerations to said gralltor in hand paid by said grantee, the receipt wbereof is hereby acknowledged, has grallted, bargained, and sold to lbe said grantee, and grantee's heirs and assigns forever, lbe following descn'bed land, situate, lying and being in Collior Connty. Florida to-wit: Lots 1,2,3 and 4, Block G, TRAIL TERRACE, a..ordlllg to tbe Plat thereof, recorded In Plat Rook 2, Page 94, Publle Records of Collier County, Florida, LESS AND EXCEPT the South Fonr (4') reet ofLot4. Parte! Identification Number: 77412360002177412406001171412440003 and The Easlll2 Of LOl19 and All or Lot 20, Block E, TRAIL TERRACE, aecording to the Plat theroor, recorded In Plat Book 2, Page 94, Pnbllc Records or Collier County, Florida. PareelldentiRutlon Nnmber: 77411680000 Subject to taxes ror 2006, and subsequeut years; covenants, conditions, restriction" eAsements, reservations and limitations or record, Ir any. Together with all lbe tenements, hereditllnlenls and appurtenances thereto belollging or in anywise appertaining, To Have and to Hold. UJe samc in fee simple forever, And the grantor hereby covenants with said grantee that the srantor is lawfully seized of said land in fee simple; that tbe grantor has good right and IRwful authority to sell and convey said land; that the grantor hereby fully WllmUlts the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said IllIld is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, grantor bas hereunto set grantors hand Blld .ealthe day llI1d year first above written. Agenda Item No, 78 July 24, 2007 Page 49 of 76 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers a Land Surveyors a Planners a Landscape Architects MARK W. M(NOR, r,E, NORMAN j. TREBILCOCK, A.I.C.P" P,E, C. DEAN SMITH, P,E. DAVID W, SCHMITt', r.E. MICHAELJ. DBLATE, r,E, MICHAEL T. HERRERA, r.E. GARY J. GASPERINI, r,E. WIl.50N A. GARCIA, r,E, D, WAYNE ARNOLD. A.l,C.P. STEPHEN V. BURGESS, P.s,M. JUAN A. ARAQUE,P.s.M. KEITH A. o'TEPHENSON, P,S,M, KENNETH W. PAHUTSKI ALANV,ROSEMAN JEFFREY S. CURL, ASLA, RLA IVY WYLIE, P.E, November,3, 2006 Subject: DeVoe Parking Exemption; PE-2006-AR-10551 Dear Property Owner: Please be advised that DeVoe Family Limited P<;lrtnership II, owner, represented by Sandra Bottcher of Q. Grady Minor and Associates, PA has made a formal application to Collier County to request a parking exemption from the requirements of the zoning regulations as they apply to the following described property: ' 1397 Trail Terrace Drive, located on the northwest corner of 1410 Street and Trail Terrace Drive, approximately 500 feet south of Solana Road. It is our intention to ask the County to allow us to use this site for off-site employee parking to serve the auto dealership located east of the property. Please feel free to contact us for any further information you may require. We are interested in your feedback and would like to take this opportunity to assure you that our request should not adversely impact your property interests. 6J; - Sandra Bottcher Project Manager (239) 947-1144 a PAX (239) 947-0375 a Web Site: www.gradyminor.com 3800 Via Del Rey a Bonita Springs, Florida 34134-7569 EB 0005151 a LB 0005151 a LC 26000266 . Agenda Item No, 78 I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land July 24.2007 Page 50 of 76 DeveJopment Code, I did give notice by mail within 30 days of receipt of notice Jetter of application sufficiency to the following property owners and 01' condominium and civic associations whose members may be impacted by the proposed land use changes of a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made aformal request of the county to be notified. TIle said notice contained the laymen's description of the subject site as well as advisement ofthe extent and nature of the variance or parking exemption. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance ~~ State ofFlorida County of GeHi:er U:c TIle foregoing Affidavit of Compliance was acknowledged before me this ,3d-- day of NOVt:MtJOt.. ,2006 by /~' J( {)!<~~ who is ;eersonally known to me or who has produced as identification. "li'"'''' pAl.\ELI. 1,\. C^SE /1;>>' ""?" M~ COMMISSION I D0993581l ;'i I EXPIRES: May 24, 200'1 ~~'. lWillt6 inN tlot6~ PlMIa UI'ld:GNj~IQl' 'I)f,Rr, ' C?~ fVJ.~~ (Signature of Notary Public) h+ff t01 f1. (2,4s,'c( (print name of Notarv Puhlir.) ImpreSSion antlllourrage et . seth age raplde Utlllsez Ie gabarlt 5160@ , ~€:eE:---{;o~t'f: l:I'S31dYN N IS Hlv ~ 9L9~ SVNllllM VN313\J'11:I'V~ a M3Hil~ 'S~'If~l1IM 9 ~g ~ ---UC'Sl> Irl'Cl13l::fW0018 M 1:::lG !:l3dd3dl(lO lL99 S3NJ..'l/l:l e 3l:ll'vlO 3 S3Vfvr 'SlllN 6Ova"'1.~~t7{; 1:,l'S31d'V'N MS 3^V lS~E: OLf{; 318V8'N113AIf1O 1;13NILSil:lHO I S311:NHCl'II1 ::navo LlE:~"-E:Ol"E: ld'S31dVN BO 30Y'dl:l31 11'lfI:Jl ssm ~ NVlv 'NO.l.1Va <l>09~S @A~aJ\" m - - www.8very.com 1-S0o.GO.AVERY :1 I :' !i , , ,i :1 I' S908.nL~a89 IM'33>lnVMllv-i B9LOL~ xoa Od .6!r/Ealn lsmu AI1l:::10ldClIIHM )I N331Hl y)l H:I:!n}l N331H!V>I"t:I'lJ..::!OH:).t1HM 9Wl---?:OlvS l=I'S31d\l'N S "iJ^,," HJ.9l 097 1>6/SGJ90m 1 NA11l:lffl '81 SSNvr a60~"'90"e ','S31dVN 960 l XOS Od dll'lV l3 A 113>1 % 3Hl 'II d~Sl:.lN1.l::Id OllWV':I30^:30 OO\7S"-G:~lt>i: 1;:!'S31dVN OA 18 3>1''9'1 SE:JNl}J oatil" o 131::lVOI:lVV'l '>1tf\flO AIl3^V-09.008-~ WOJ'A.iaAu'MMM - - :1 I, II ,I it, :1 " Ii , " ,l ij " , ~~~~?t"61~ July 24. 2007 Page 51 of 76 m~"o~~vc ld'S3idVN We::' .LeN HO SlDNIl:ldS l:!V0:30 50 lS VV'lS8l:l39118 '" S:JVNr 'SI>lS3Hn.L ~98(l.'.80~pe l::l'S31dVN BO SONVlHtllH evE:: ~ V)t!;lV0l'NW10008 BBO~"'90~1'S 1:.I'S31dVN 860~ XOA ad II dHSl::lNl1:1d a31Ilfoll1li'N::I 30^30 LtLlo--t>90atf IV-tAO'tll l:ia ::JN018111V11 09 'D03-AV>I ''tI'v'Z'v' <1>09 ~S 3!'<f1dlf:l'l,L @!.JaA'V esn 5UltUlld a'J~ 'll5pnws pUB wer Agenda Item No, 78 July 24.2007 Page 52 of 76 DeVoe Parking Exemption; PE.2006.AR.10551 Project Location Map DEVOE SERVICEI COI-C1SION CENTER DEVOE ISUZU & USED C~RS _.._----------~._- --. - _n__ .. -,HIGHLANDS DRIVE.- SITE~ , ~ TR~1 L TERRACE DRIVE - - -.,.-,. n _.n' .. SPERLING COURT - - , Ie .~ I .!. ., :i ~ DEVOE 5MB DEVOE SUZUKI it I N ! I 1l'5iDi~__.., l() ,ll,l 00 l:om I I __L__ I I I I '" o a ~ .., 51 :z: ^ ;0 51 '" :z Agenda Item No, 78 July 24. 2007 Page 53 of 76 Timothy J. Dietcrlc 1386 Highlands Dr #0 Naples, Fl 34103 Kay Deselem, AICP Principal Planner Collier County Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Subject: DeVoe Exemption Request Dear Kay Deselem: I would like to take a moment of your time to express my agreement the to the proposal submitted By the DeVoe Family Partnership to rezoning for parking exemption in Oul' neighborhood, C. Angel Marks and myself, which co-own a parcel of property directly behind the proposed employee parking lot for the new dealership, would Jike to express the SUPPOlt for this change in zoning. We are new owners in the neighborhood, yet have rcnted this property at 1386 Highiands Dr. for over four years and have found that the DeVoe Group to be courteous and valued neighbors for the entire time. They operate a first-rate business with complete consideration for their surrounding neighbors. We were been invited to a planning proposal mccting prior to the pctition and have been completely informed to the changes they 'wish to implement. We feel that their ideas to be both beneficial and considerate to our neighborhood. They are a valued asset to our area and support their plans. W c wish that you favorably considered their plans to make our neighborhood a finer place to live. Sincerely, Timothy Dietcrle & C. Angcl Marks RECEIVED MAR 1 6 2007 ZONING DEPARTMENT T Agenda Item No, 78 July 24. 2007 Page 54 of 76 March 25, 2007 Kay Desellem, AICP Principal Planner Collier County Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Deselem, This letter is in reference to Devoe's proposed parking lot for employees on 14th St. in Naples. As manager of Royal Poinciana Apts on Solana Road, I have no objection to the proposed parking Jot. Devoe has always maintained their property in a very profcssional manner, they have always had their property beautifully landscaped and well lit at night. I believe this is an asset to the neighbor hood. If you should need anything further from me, please feel free to call me at 263-61 J9, I will be happy to speak with you. Sineerley, L.1iJ:h.u '71lvdt'~eV Ii.~tl~y J;1nliser Manager RECEIVED MAR 2 8 2007 ZONING DEPARTMENT Agenda item No, 78 July 24. 2007 Page 55 of 76 March 30th, 2007 To Whom It May Concern, My name is Kathy Milliser and I had sent you a letter concerning Mr. Devoe's upcoming project near my address on Solana Road. I would like to rescind that letter. I do not have the authority to be giving permission for such projects. I would like to have my prior letter removed from public records, Thank You, Kathy Milliser ~id~ ~Zt~~.u RECEI\II::D APR" " "",'7 I". . ", , ZONING DEPARTMENT y Agenda Item No, 78 July 24, 2007 Page 56 of 76 Patricia B, Fox 207 Freedom Blvd. Coatsville, PA i9320-i553 John-David Moss, AICP Principal Planner Collier County Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Subject: DeVoe Parking Exemption Request - PE-2006-AR-i 0551 Dear Mr. Moss: I would like to take a moment of your time to offer my support for the proposed parking exemption petition submitted by the DeVoe Family Partnership for off-site parking. I currently own property located at 1378 Solana Road, which is adjacent to the existing DeVoe parking area on the southwest corner of Solana Road and 14th Street North and have found the DeVoe Group to be a courteous and valued neighbor, I would ask that you considered their plans and approve the proposed parking exemption petition, Sincerely, a.~',e. -?i/ Patricia B. Fox ,'CO ~ RECEIVED APR 0 9 2007 ZONING DEPARTMENT Agenda Item No, 78 July 24. 2007 Page 57 of 76 Laurel Y. Sitterly 1251 Solana Road Naples, FL 34103 April 16, 2006 John-David Moss Principal Planner Zoning Dept. Community Development Division 2800 North Horseshoe Drive Naples, FL 34104 RE: PE-2006-AR-1 0551, DeVoe Dear Mr. Moss: I am a resident of Bent Pines Villas and although I will not personally be affected by the parking exemption for 1397 Trail Terrace Drive, I want to object to the use of an undeveloped lot in one of the last affordable neighborhoods in Naples for commercial purposes. There are a lot of very nice, average size, affordable, new homes being built to replace older homes in this neighborhood right now. Besides changing the character of the neighborhood and affecting the neighbors property values, I believe this change will undermine what the city and county are trying to do as far finding space in the city and county for more affordable housing, It will also seJ a precedent for future changes in this same location. Thank you for your consideration, Si~I:'te Q(UoAAA~ Laurel YanS~~;I~"--- 1251 Solana Road Naples, FL 34103 RECEIVEL ,b.PR 1 8 2007 ZONING DEPARTMEI\" . Agendl.lalronl ttrf V8 JUlY 24, 2007 Page 58 of 76 MossJohndavid -_._-----------,---~._-_._--'--_._~'_._,.,~.-..-'- --..-.__........._......_-_.....,._.,"" -,--,'--""""-"-"~~""-""'-'" . ..... ".."-."-.-....".....~.__..~.,.~..-.,,..,.-~.,-..._,._..,..~-"..--_.... From: CLEOBARGE@aol.com Sent: Wednesday, April 18, 2007 657 PM To: MossJohndavid Subject: re: Devoe Parking Exemption Dear Mr. Moss, I own the property next to the proposed site, a duplex @ 1369 and 1381 Trail Terrace Dr. Mr Devoe contacted me after he purchased the property next door and asked me how I felt about a supposed employee parking lot next to my property and I told him I was totally opposed to it. Since then i have been doing some investigating, talking to neighbors and to my tenants and have found out that quite often there have been cars speeding down 14th street with repair tags hanging from the mirror, They have even left skid marks. This is a residential neighborhoodll You give some one an inch on my side of the street and who knows what it will eventually turn into in the future!!! I do not want anything but residential next to my propertyll Sometime down the road I may want to tear my duplex down and build something wonderful, possibly 2 story. I am sure the new tenants or owners would not want to look out their window to see a lot of parked cars as well as the noise of the cars constantly pulling In and out!!! What they do on the other side of 14th is there business but my side is residential and should stay that way, If the property next to me falls to a difFerent usage I can see Mr, Devoe continuing down my side of the street!!! Please stop this!! Sincerely, Marilyn Janss ______.__.______u._____._.~....,_.,,_~~~._._.._.__..._" See what's free at AOL,CQITJ. 6/4/2007 Agendl.l<ll!.l!nl ttf f8 JulY 24, 2007 Page 59 of 76 MossJohndavid From: CLE08ARGE@aol.com Sent: Wednesday, May 02, 20072:58 PM To: MossJohndavid Subject: Re: Devoe Parking Exemption Dear Mr. Moss, I just want to make sure that there is not a hearing which I would need to attend tomorrow, May 3. Mr Devoe has been In yesterday and today with the sob story about how I am hurting his children and grandchildren. I told him the first conversation was fine and the second when he brought me the layout of the parking lot was fine. I am not changing my mind and that now I consider his visits as approaching harrassment! Can't walt until this is over hopefully on June 21st. You may call me if you like at 261-7952 work or at home, 261-8093 Sincerely, Marilyn See what's free at AOLcom. S/3/2007 , Agenda Item No, 76 July 24, 2007 Page 60 of 76 April 25, 2007 Collier County Government Community Development and Environmental Services Division ATTN: Jolm-David Moss, AICP 2800 Horseshoe Dr. Naples FL 34104 RE: Petition PE-2006-AR-105SI, Devoe Family Limited Partnership II To whom it May Concern, I am presently a full time resident of Naples Florida and have resided in this neighborhood for 32 years. I presently own two properties within the SOO ft. perimeter of the aforementioncd petitioned propelty, In response to your letter dated April 13, 2007, I am documenting my opposition to the proposed parking lot. The Devoe Pminership owns several properties in the area, and a strip of commerciaJ propelty along Goodlette Frank Blvd. The proposal to encroach on residential propelty is unacceptable. This is a sensitive area with a lake nearby. This is a family oriented location, We have had continual problems with Devoe technicians using this area as a test ground for vehicles on our streets. Many years of complaints by neighbors has not changed their policy on using our local roads for these test mns. I would like to suggest that Devoe do something worthwhile for this residential community such as creating GREEN space on this property, What we do not need is another blacktop parking lot. A local small park would be a wonderful place for Devoe personnel to enjoy lunch and relaxation. Another suggestion is to build a home for someone who cannot afford to live and work in this community. The home could be given away to a person in need. There is a parking lot located on the corner of 1 ih St. and Solana Rd., and ample space on J ih St. along Goodlette for parking. I am vehemently opposed to the suggestion of this proposal and hope you will consider the surrounding community rather than pushing the residents aside for your ovm gain. Sincerely, Veronica M. Lawson 1296 Sperling Ct. Agend.!ldg,ml Md' VB July 24, 2007 Page 61 of 76 MossJohndavid From: Janice Anderson [janiceanderson1@comeast.net] Sent: Thursday, May 03, 2007 3:39 PM To: MossJohndavid Subject: Devoe Hello John I attended the meeting on the issue of Devoe' request for a variance for a parking lot at the end of my drive (Trail Terrace Drive). I am against this variance and plan to attend the meeting on June 2151 that was postponed today via Devoe, to let the court know that I do not want this variance. There are many residents who are not able to attend this meeting due to vacations, work etc. I currently own 3 lots on Trail Terrace Drive and did not receive proper notice of this request for variance. I saw the sign posted which prompted me to talk with a neighbor. I am not sure how the process works but, can I in June, request a postponement of the meeting until the residents return in November or December? I believe it is wrong to hold court when a considerable amount of players are unavailable, Thank you for your time. Sincerely, Janice Anderson 5/4/2007 , 'tJ-.{L(I}Jen~aJte~fD 7 -~ 1 July ~, :21107 Page 62 of 76 To'. ~Dl~'t~.r lou...----~ V~~6 Co"^,,,-~~~ :., ........./ \JO J \ -\-0 ~Dc...CV~ ~+- 1/e."2-0v'-~ "0 ~ ~'f'G~~ \~CJ7 \vcU. l \.JLv<:a..LL. VI/'-\lk fJ Pr:, ~ ~'<' 0 ~ 'a CHJ0 V' n ""-- W ~ -+--~ -: '- '"500 \~-\- 0 ~ 5c-^ ~ '<("!) ~ -\') ~ ::s:: ~-e..e.-\ '3..-\v-~l'-) a..\:,o ..._A: ~ (o';;>~~\)..~ D~ CLv-O~V- ~~~~ lcr{ ~~0' o ,,~__ ~ lc......-o~ ~V'..e. ~ ~I( k>'-0 \C,-\s ~~Q '^ ~ 'Q... ~ ~ ~ .tf~ Sv-...\f V' (f ~~~ I \...I-- \(""~.rc:.. ~ '---:::>" 0--". .J. V\.... ('j -\- -\-u ~"Z-o~ ~s ~~c.~~ . ~lL-d --- ( ~o--v 1..-;,<:...' - ~ CSJ v c.,:.e ~ RECEIVED MAY 0 8 2007 ZONiNG DEPARTMENT Agenda Item No, 78 July 24, 2007 Page 63 of 76 May 4, 2007 Collier County Government Community Development and Environmental Services Division Attn: John-David Moss, AICP 2800 Horseshoe Drive Naples, Florida 34104 Re: Petition PE-2006-AR-10551, DeVoe Family Limited Partnership II As a property owner in the area of 14th Street and Trail Terrace Drive, I whole-heartedly support the improvements being made to the area by the DeVoe organization. I have driven 14th Street several times a day for the last twenty-two years and these new enhancements far exceed what was originally there. Hopefully these improvements and standards of pride and appearance will encourage neighboring property owners to follow suite. This is a major plus for our area. Respectfully, L~ d "Jack" Lieber 1 ypress Woods Drive 1124 Michigan Avenue 1136 Michigan Avenue RECEIVED MAY D [) 2007 ZONING DEPARTMENT . Jun 1307 02:57p Agenda IWIJ1 No, 78 Ju~y'24. 2007 Page 64 of 76 6.11.2007 Collier County Zoning and Land Development Review 2800 Horseshoe Dr. Naples, Fl. 34104 AUn: John-Davit! Moss, AICP Principal Planner Re: DeVoe Parking Exemption Request PE-2006-AR-I0551 I would liIie to otTer my sllpport to the DeVoe dealership at Sola/la Rd and 14'" St. N., Naples, FL. 34103 I've owned the property at 3900 14tJ. St. N., Naples, FL. for about 15 yrs. I've always found the DeVoe family to be very professional. The DeVoe family certainly takes pride in all the Dealcrships as well as all the DeVoe employees. In lots of ways the DeVoe Dealership will add security to our neigbborhood. Nice lighting, fresh new buildings and a professionally maintained propert)'. Thank you for your time, ~:~~ m'j~ 3900 14/h St. N. Naples, FL 34103 239-213-4230 Jun 13 07 02:57p Ferti lizer Sod Soil Mulch Tools Chemicals Free Delivery Bill Morris Owner Santo Tomaini Chief Operating Officer John Brossard General Manager Bob Cook Manager, Lee County Members of Naploo Am Cfuunbor ' of '.. Commerce ~Ilr' _t;.... , ~ 2! . ~ ClL\M1m or ~ Florida Nurserymen and Growers Association Landscape Maintenance Associ ation COLLIER 3930 14th Street N. Naples, FL 34103 (941) 263-8858 Agenda ~~ No, 78 Jtl1y 24.2007 Page 65 of 76 Naples Fertilizer and Garden Centers Champions of Service John-David Moss, AICP Principal Planner Collier County Zoning and Land Development Review 2800 Horseshoe Drive Naples, FL 34104 Re: DeVoe Parking Exemption Request PE-2006-AR-I0551 Dear MI'. Moss I would like to take a moment of your time to offer my support and the support of the ownership of Naples Fertilizer & Garden Centers for the proposed parking exemption petition submitted by the DeVoe Family Limited Partnership for the off site employee parking. I currently own/operate the Garden Center along, willi tIle Morris family, and can offer ou,. support for tbe DeVoe family's proposal. Onr business is across 14th Street from the proposed lot and, if developed in tbis summer, would offer an additional buffer between the commer'cial side of 14;1, Street and the residcntial neighborhood On the west. As 11 business owner/operator, I understand the need to plan for the fu tUl'e growth of ()ur area and the future growth of 0\11' business. \Vhen the two can be planned in a manner that is beneficial to both interests, then truly a win-win is the result. I, along with the Morris family, would asI, that you consider their plans and approve the proposed parking exemption petition. ~incer 1'1' . t ,-...."..-- v-.. _..._ Santo Tomaini Chief 0 perating Officer Naples Fertilizer Garden Centers Fax; (941) 262-5416 e-mail: info@naplesfertilizer.com web: www.naplesfertilizer.com LEE 24591 Production Circie Ext. Bonita Springs, FL 34135 (941) 992-0992 , 1),\11' (]) ~\) Of) " (41) ( 1/;) '-.::-/ / ,. i\-:) :it Agenda Item No, 7B July 24, 2007 Page 66 of 76 l'III.IJ()I'~ \\'l' Illv Ilndl'I-',it2J1I',j :111,' "lll'nscd In 111{' 1!'01(lSl' II "J' . . I'rail Tl'rnll'(' Ilrh,', !III (hf' ~flrlh' ~ I, ,I." t )~llllil:1g (\1 a f':lrloltg 'Int 1(I<:ukd ;11 1.~('7 I) . ' ' ,'<s tOIlH'" 01 I,' Sln,.1 No..'" J '(' 'J" "'H. "PIH'o,in1l>lt'h' :"fln fed ""Jtl, "f <.'). I' ' _ '..n{ "'" 11.'1'1''''''' , .', dO 4UHl ,-0'1(1 11\ ~l'(:[1 'n I' , f{tlnge.~:,r:;lS{('nJIit-r!'Plll1tv f--I "1' t.[ ~ .' .,' " ,1)11_.._. P\\I1Slllp..,I()c.;tllrrh. , ' _' 11111d 1) 11CDc\,'cJ""lOlyl,lll1ilr..dl'ol'!lnshipIJ. J.',ll' prl'pn<;(d 1'~lIlillJ! lot 1.<.: IOl'Hlt-xl in H residelllin[ an_'il 011 H "'~' ,', . \\,ltltnll\ 1.'l1l.'nl;l('IHlll'llfn[','co'II'!' I' I 1t.,JdelllldllnL \\.l~dnl1(11 . _. ..' (LIlIa 11rOjlerl\.- l' " ., . . Ii . . . ~ r,(,,:lllllllC1CHl 11lSlnt.,.'S.<; (pnrh:in}! 1111) P\2,I/-.1 T cL\~II: 1\I)[)RIOSS '''',iNSI'I'RF ; {j)tv<tf0t l~cJMl17 13'-13S_c>l./k,tl-/1 i&c ~ \~~ )~tt(}~U-b'v\sLL.'11\8c.\c.-V1c<.. Ill. "~yJ , i/t '~f/;[~ We. 1.:l:;;7 c5.:, i/b--? ~ /'- / L cfJ!j/'IftI~ :f7'0,ovL ;;:77 S1J/p..u ;2/, .~/<'~~ IJft {;><ro IW/ SdMJI e4 c~r"1,, <JL f{t1'0t~s I (JL.') So!~,!e._:(,,{l J./'1IvfrV1\C(L,tJi.Jf)) )14. ~~.)jfLj~M'-:1 // '-/7 A" ~r:\.Z-J-L7.:: /'!"7~~@;/>{6'--L;'Jd_;:!J f1, J ~ U \' Of (- \' \.....:. \--I;l,-;(Z,L'( IV 110 IL SEl i dY.> 2>C-\'-'\D() .2...t--s-r' I c ~VJ\....~""'/ ;:YJL"'i/ .-n , ::> 1 y 1 "7 1)j-j .5' /--141>;1 ~~(;5 \ IOJ ' /)-v)::; I-f- J) ,bi: r:. !'-Yl (;u../~-.J J Vc <'--" .,...\. '11 . n7 .'~ ~/ l \lV" \,",\(: 'Y'r .)l' 1~!J~) '1rv::'- ':>{ i) , " (- i J( ,~> ['[,-' (\c. J' _ I -1 )J'\N"';- \j),j,..\IV-- , ' I d //' ?!. r- r L/L--r.-{.;' . I j /I, ~./I)i .,' '-/~l L'(.CV'-t!VA,Y'vv '~\--L .: ( , _' ,', \ I, '. . ,_ . , '1..~-I-'" \---~ Y1.... "'_l~,~ .....J___......jj . t CL / -! :~7l- 4 /7 -~'~-' ~t~,L.{.{..(.-j(~! .(> :.-!-~L~" ) I !_-" (321 ('~ ! () c?,;{>L/i--1ci( )0.1- \_ SL' LCvh",t J. :) ~:o.:> "-:) I"V ' '\. i::X-(lL~' ,'-_l d,\ (~'\. L\Y'-f'~" _';) ,J, '. I" r- \_X.\.\{\"')~L \ ,'"... <-=-~,'{0,"':,! ..\~<. _/..~<.."',:-;':..r-1" -.i (\.~_. 'I....,. j r-- ..- .; I I '>..,.....---" (. . ,-..\ -..'- \ <. \... .._)() I v_, v\ ('" ,~j l 1)".-:\'7 \ .F '" , ( I 7 1(; '. ,1 ",.' . ":._ !' --. --l' /^_,i- Iv " /j l"'~-...... .', ;'" l--::-:.f--"; pRINl- N E ADDRESS TURE, DATE ,/ efT) t-, zyfv (J vq143 ;{)pcJ lhq/dt:tad:=;, !l;( ~C'/ fr JfV~ I 'J.~cf! 1-11 c; t., ( c, r,f -JZ.r;1 -(! a~ ! Crt) (Y/J'ss/ {YOLD(l --.JJ8lf H-r'jbJCt,Js DL.' . , '~ ~ ~(2?(j 1Y::u 5daMtd 0/1(+01 ' , S ,( J S {~'w (. fL':1 tf{.f'rrJ;(J1 OR..t0, \ con UtV1i\J..I2:f2..tI,)[Z... A1t4r~,!{,_~LJl(10'Jk.J<~ y-'< //' Ctrj (./ :--/0 :7 I~c, 7-U I v;) 5 0l1C=!~ A..'p~ - - '- ,'. ) ,"i, I r (to '" PCld{kq) 0 'b4 'I r (11 \ \ -€X'r, - ~"'~ &-) SYa-n (I !<p,.tz.- ~kd.tYlbs I O<.D1.o TD.; I T-eeL 3'110-::' lV" - ~I' -rtt' I COM L \\10 \?-b"l \f\.J _ \ \ d-I.{ \1. ~, ,Ar;,~ fZ1~ I^J I '" c:J. SAlvi D R. A C A f3 (( ~ f< A 10/3 ( &ill r /E'fi. f<. J /) If )c~ Ji"''''' fir lei" ;'''''lTivf'C~ ~(:~",g'fc~--;\: &-- =, if i) ~J , I~ ) \"(~~A~- J'>. 3l \.( tC;l1, , . ,\ -' / )\.l,f+ / --"-.1.... C-:J. / --<.- , , 'I ,llCJ/-A-, 4'~ J;..j 1:1-9\"" I ---,/,-,07 ' .J) T, liYJ L I:tM}J ~ AI J ( Z{/ 1:(// Pbr~> /~$!~ ' / :# 7 ~ < - j' i . . ,--: A Jl i/J; /vr L1. !;.J:, 14./4--, ~..,.-,< (J.+..../" 1)'O?;!!:-j 1-~I,/~/dl-'- , __.1_ . ~jJ," Y1~~~,~.' r(~ AJ -'- - L/ ~6 /) l /2 ~ 1)\ '- 1), t' I" ;'''1 ~ f;}; "' I~l~ ]"1"'\' f i(:)<J"C/;;,,'/):'-r"{_", /~.2./;:: &-.'\"0"'-r.J~'X-.!~~T!/'",,-J0J"...>' -~7')"'L.:i:~>7 ' LC7'\,,_~_.t... '" -~- () 'J ! to L#) ~) (~ \li~ Agenda Item No, 78 July 24. 2007 Page 67 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terraee Drive, approximately 500 feet sonth ofSolan3 Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment ofresidential property by a commercial business (parking Jot). \ \ r Agenda Item No, 78 July 24. 2007 Page 68 of 76 PETITION .-4. We the undersigned are opposed to the proposed building of a parking lot located ai I.397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). pRI.NT DATE NAME ADDRESS SlGNATURE (ff) -v~~t.\~~X~ \O)~ \\\(,)1,--"\,,,9\ "Or. Y ~ ..---( ~ Q-() ~ t \.L;2.' / ,'Lie? >0 ie> 1"-0... K. C"71hM~ I (. H,) ;' (! /itv5!/1J" :,~~ /W-, ~l /(Y} 'i' ~' ift 1'2_ &::-1 /Jti':Po/ . ~ ,fJiUr/vfJ: , / t----,. (1D 'Q<t:":>O-cu-_I<'c.s,;",,(l:; IG'6'0 0fw/r';'"j /ht. ~, /jJj,tlIl'I j(; ~c-_:"1 ;4/ j , , J ~j , .f f'^I~t'f_("eo.."tJ,,;Q 1('-79 ~ ee".::j ,"1 =j-k'-l.{,'" l?f' lLlA;II.-Jfir- jv1.il1bt:7t,) ITy!q 8p~2.);w. j7vp/ (/. ,~ (, ':'\ (,' ~ c '--~ Kc\,,,,Jl)/i, \k VI ,I, ;v-". Ie};:; .s/IH' '7 ' ",-z " IW)~'!""V'?f(:J( /0'17 <:f(rl",,).J {:IV, ~--:-~ (~)..(~./VIJI"4M. .fNt/1 Ie; 9~ j:f1t('(,~Y Ave" '~l:;i: l~) .4lJ:!/CiII f.lifmltl( / /_'76 ~pe;U.IA>6-A!/k /tjtkx/-/ '~~/?7Ak-"'J (ft). 12..0[(1',,/1..,. b 1<~'",ljM~ll Jrb"vl~ .:'iv". \\y/l/L..<=:~=--...,,>, .' ()-f)/j);///;1 f}1 7J'r:;/}!1r <: 1/27 51:!!;1)! jV{ ,-7rJ ~b_ }JUt/iS (&) ~\ !" U- ~j:~L?lli" . ~:7 .~ltf-t.~ Uwt " 0,\ ! ~ ~_,-:~~J,C~~~_N ~.~n'~ 'I- III; l"r;ij/'2l1AN I IAJ' 'I/J",,; T'r"'C W/ -~- @) ~IL 'S iN(~.dlL<::h~'! /).'// 1"//(,1.4(..:(1,0 /10/2.'" ft., / _ .~ ;- Agenda Item No, 78 July 24, 2007 Page 69 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terraee Drive, on the Northwest eOl'l1er of 14'h St,'eet North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limitcd Fmtnership II. The proposcd parking lot is located in a residential arca on a rcsidentiallot. We do not want any encroachment of residential property by a commercial business (parking lot). p-,< / N'r DATE ~ '~ fJ1 Af(,1/61 l\ (if) 11 (JJl/v...d::&> lJ'\A..J I f}..O;) ,) 4<:LJ! ,1uv,.. , 7?fI1/!A'''.tA;; .~/ L N l.. . 'f-- II,{'; /! // / OUC-IE::G'i\ !Ist. Tf""f/'g ("'..frr;zc~ (Jr. ~ ...."'<- E:. A'Lif!.{.'6zr- 4tPfor)Q9!:i -Ll'3& B.~} .:J'NL i)lfi/<P/z'- :::PA-fYcES i-fftj('Di'iYt"!0, I~Z7 SpU\\~ '[::hlf -10-'" 0~- J)O;1 f/-e(Ci! ltof'J 7(a;J ;;;/t:~ clJ-'ow' b~ Ct-l) (A 1'61 /I1'/1'1II~ Ildl //';-/; ICI~ j~ 7)1<11#, C ~ }1'14UU-- (if) .'j)y+{~~ ""'I "d _In S ~ I" '~ h IdoJS ~r.'W ,h~ qo Q!;jyA (lEi Ii/dO' / (j 66111'/0-/'10 S ,0 (ft) \'C1\\'V\(' ~ll\'I\'(O-1 /D~jlu\ h~lliDr&s de ' (rl) 'Rae~0+ "le~-Jo3~ ;$qAi1l$ (j;) ilrl4e\Od120S \) 11~ 10 :~ (t+) -:s t b.bLJ:t--MuL S /0 x-'s( I R A' L ir:.K't? (r) '-S:~~/~'VAS\ (2J2Sd ~V\(~ 4l ~0. v f'(\ e f\) 1\1\.h.1~~:lld ~ 10 hlll.wdc; D\;-. -5 (071 L)(J-{LI/~4--: f U '+ \+, '7'4 /<~.,;t...vfJ' 'Pl~J/L Cn11, ADDRESS SIGNATURE - ,t~-\w 1..~<r,~M~vI PI) r/( , ~'-6 <-~.~-"----<-- (J;ft/ tj} i1;y ~. I I pRI.NT NAME' ADDRESS SIGNATUREV t1AR"f~J';J ~7T{~iQtl Ilou.geK. t)/f- At~MM~''', ()~~ "j Sflc-.lCLR.. l\5t)C( ;<.,o+h +,'iQ 'S.'vJ ~ ' Ci'J"u U )b\\ c~ 'I<;-''i,q ~nm b\leSl0 UrlF s, NI Ov~ \1.S'L, ~\~ U-. ~\A.;\,.'\)L, ~ L'(" III J ':J~"~ "'>' \- ^~'rP^~ tw~ (1,1\ \Ulul \v"{i-- S,\{,vhf\/, (k ~~' t'" r^"~<- \J-1D CJ~~d 9~~ / ~ j~PA h~ 5l If I~q Z tf) /I,~ + '_~ ?~((I 'f-jO^.'f\ D':Cf 13l1() 5 iJf?L,I;f!}Jcf ~~--- (<I) i~bl'. ;;JiJ,t'"Jci- 1Jt>, L~ Ul) ~,{ I (t& ' \'. 1. I. X( ,,/' ./ h c' ) \ l~\ \ '~C- \ 2,9\ ,"l\20, (, r-i ,,--0'.",-" i rf'. ,e~f... "" 1 "'~ _ _. - l - ~ J / \ I (f4) J}j2/)JJG[;5 !2-IPth:-l 1378 6PFfl-/..71J6 Lj\) , CUj FM1'o4- T~- lJ7S ~~('1111' L;v. (}J) ft~!7. :,hl~\ 0v, cfl) ~~~ ::)~~ llt-t- ,^' (-tJ. DATE [11) l\3D it) Agenda Item No, 78 July 24. 2007 Page 70 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot), Agenda Item No, 78 July 24, 2007 Page 71 of 76 PETITION - We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking Jot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking Jot). ' pRINT - , QA TE NAME ADDRESS (f1)~Qt(1L /5!l1l 5fO?LI.!!j' f/;ur-A t,-/12-/67 .{JOlJ '! hi 4-N S 4-L 312-7 I V?i-; ,~ I)V ___., ~) ~ -1;1-0:;;;; clf5.,f /vJl7/ 3'iJs PI'''!, ~'f /(l fr1 t/f5i()7 5;rJrrDI-li _ \ffhJ/i~ ' //)8'1 Slt:;!~/Jfr Ih/c- ~'f'I I'.~ 1'v\'(h'9~h LrJ Q-/) '1)qv;dr-ov-hcc,2. IlnO ~'?" ~r ft-v &Ci-l) :C;:~. Fo~I1"a.z.. ;r.!J?k li1Ic{1'1qy,;l-v -j1;lJfld tAl 7.77-9'(26 ,/n!D7"Gi) ?A.vid f.ol-htc..L_ IOtfb tl/l;'ctl;ljc,rl ftLl f!J/!/V't til! )l7-'1~Lh \ (fl) 1:>>,v;'c{ Fo~" hCLL /0(07 C/lJV6S IVl!oclS P~pJl,l( Cfl/ 777-'1'12.0 Agenda item No, 7B July 24. 2007 Page 72 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14,h Street North and Trail Terraee Drive, approximately 500 feet south of Solana Road, in section 22, Township49 SOllth, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). pRI.rJT QATe NAME ADDRESS SIGNATURE (f-\-) k lJ )(" L)) N J,f I~S )62YII1:t11L ;-1,:: If1f.iJ, -, ,~/> -<:;.p ,d!;.7tA -/ (H) 0/i;JJt /}/)f;{L 1100 I?'(.A"L TG:L.iJa-- ~ ;;~;;r ~ C~) oxflE (UIAVE;::: Jnf/l 'IM/( i7i:i!L U 0-3c, (tt) --;j:;V.2..f?r0E"J7/ NU/0El /o6911;,"L,1fC.Tt;:P.{L't;c:, ~~~~\ ,J M{\IC~ (Vl611'f\S I fD,3 T/f--!:lL ,deJ<: b;:.::- r:'- (ti) WWM )~~.0 ~ { -'~' ~\~I~])r. (/Re..be0Cf, (~)u.J'~ :1975 lIjt_\I\ S+tJ,~~ 0'0 hex o8~1;(' IOS?SIr&,; L:::G < )(!?:'<:'lCo. \ /~Kt~ JD.sz l{ (!1,) l_J;:q nrt.(' t ," ' 11 /(J A Hj~J:.) g{ i.) q :/ '~ C'- I / rr J'1A/lO;,~ l()I)ofv', I') ! ) i~J? /".,'/ ~ J' ~'('(' AI ~~t ~M~ ~~~M(~.~-I ~;~ .kl ( : I{~ / __cC -" ,I /: ;(:~1/ " ~\'I l i ) ~ i I/vv"-..5, \ ;) 2.:3 /V\, J-\'t\(A~ rl~c ~,'/~, ~&;;Il~-t~~ (~,/ l; Ie[ 'L0~AW-S-.--J'~ )~, /V\[ L-I.A 'f'" ALCC- : jJ~,d~~,~ // '".<<--c- ' 'u p, I ~ ~ iBt(cvl \ X? ~ W\(&V(~~" (~/ ~1l; a~~, lief.! ~1~~' " ~ -p -' .4iV~l( ~ "'. '0/'v~ , , ~ I ~ (~) C~) C./ / .( If) , (;-I) Agenda Item No, 78 July 24. 2007 Page 73 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14tb Street North and Trail Terraee Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II, The proposed parking lot is located in a residential area on a residential Jot, We do not want any encroachment ofresidential property by a commercial business (parking lot). pRI.NT DA TE NAME' ADDRESS j ~u6NA , '~~ ,~~/ O:}: 1 .YvI/~LrV\-4~~ (j.:J) ((<I. ck f-f~, ~k, / c: 71 f1- I Lk.J! I.M " d ') (p) (? h n ~.5 'DQ;$ /\.\ tV _1'<:2 10 i1/c .. dL-'2 tVl/ , ~;; (f!i-f! ~~-zcfn~~eB[:if-ilJ11(~ It; Sbtr ), ) ~\ L ~/v It f]l i::i> C,II .);bo/.~c? L-5/ ,9 /1IC/l.}d ~ .fie (,)[110'7 ?_YA'v (A""i''\5 u,,- )ZJ",~^ rM" l~'rh' 0<J(- /2, i0 & (III 0 ') 0 d\ 111/11. () f-r:f.Mv\ /)]~, //21/ c.-I! ( G /L/'L.,' " - . ~- ylx( /:I fJ -. 1/1 tltlU;ui VI) --ts., I \ C", II vL-! Id I~ jll' I tl.....d.Ld:b...,( :1/, .L /> QO fA! {:rt^/f[. Il4,-::rcEN ---.11.=8:}V1 1-0110 I'l-y- fI.I->t. ( ,~' . \' A~, /~ 5,'(,,;'\, 5'J..1.":> 11~ (I\\~ Ici"'L~ /J?t'7/!':'/7" '/ ~~) l~-:;/ vi77/!ff M-?!-?/fI~X-I'l6d II" ,,_{'~~i~:~>' r: II: ~'II\ 13 t: 1~!'t!2-......_ I () 7 () /vt '~h ; :).Q tt Av t" -#~, ' _? Pv It, Z ~~DAIoII~ LEE I lOb",,^,e'-"d".d AVE c:Y~,,?tr-- Ctf) ,g ~) Qt~ cL? r C; J,a:-8::s~ (4,oJ d ::J._ ~. " , CiD Lvln/D'l 0AA) ;{()ASt1u.JSi!1 ,i&il (0 J0-/d1i511.,11 Ave Jf~ . ~') II J~o~?i !~rG;ijO'-us,~, \1 I( ". __u_ (/~~J.:. J.?-'0~~ ~ "'ll--;:'~:J ) "'...._~ ......... /' Ii< , Agenda Item No, 78 July 24, 2007 Page 74 of 76 PETITION We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential lot. We do not want any encroachment of residential property by a commercial business (parking lot). f'RI.NT SIGNATURE ~-g. v~~u ~(,\ \'J JWvJ ADDRESS OATB 5/3 (11) '])IW 11) I-J IIJDMMJ 15)3~) ~\-\p",\ ^) O~Q'\'i 1\) \~0 ~,L~N-\\ \?) 0/9/01 rS!f~'/L !(1!..BVtvV' P37 SfiC/1,<f!1 ;<?t!/fI./J ~~'!3.D 7 I71/U,vD/iJ;J ,,-<PI IS;;/? - 51<1/6 7 r r. I! '17 J:, /em$. /...1 15')i1 uf\- ~\ \\~V'\': V cXev- \} l{) ~ L~ \., \ Y ~ 1<1) 07 '~~~'~_~)dc \ 2-L~C::o :)0\ " \.;.~ ,- , .5)51UJ-SV~~f\ \~~SCt(,(f~ \,()L..\q S~AanD<__ (~)'i:-K~<~D0.tJvLiA 1- c_ . ' ''''- \. \ \. ::/J'}DI '''~0(J:,@_'(~ \",,"<.:;_c'<..-c,'(-~,o.c- \<-'=, _..,~""w= ;;.c~~_""'.o-G~ ~ I ~,----7 ' "i:L~~' I) :J-ti' , 'I" I .. /1 II'''). "(lID',' ' /'---"('f.",(JJ"r...,-","/,IV ,'V',-,..) ~, o1l.!1 . IfV>'\-- ~ _ ( YI\'_I__<;d..Q . ''''-', .. "f , .~ \ 01 (jj) ,IfrJk-{Jlt~ ~Zf?) ~ I} , /0JL j 'h/o7@~f~~ /,)]0 5)-1; /(t'.,;--Jh,!iJ'f!t r ?I1I:/iJ-f;:;I(J~:S=AP~~? /?;fv~1Zf4 loY: !?) 6h(67 Jt.1Jr fir.7pl7r$iC!~ (:z~Nii/;;;!r..& o 6(~lo1 _G(jr~t?I,~0Jiec:: I"'" 4qJy lid cMh'-'i 0<t>f1)Ja/1~~1y1 _ 12~~]:7~~ ~;ib iN NAME 1:2.3"( SOUJ/,) A 'KD. #-1 Agenda Item No, 78 July 24. 2007 Page 75 of 76 PETITION ~ We the undersigned are opposed to the proposed building of a parking lot located at 1397 Trail Terrace Drive, on the Northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in section 22, Township49 South, Range 25 East Collier County, Florida by the DeVoe Family Limited Partnership II. The proposed parking lot is located in a residential area on a residential Jot. We do not want any encroachment of residential property by a commercial business (parking lot). PRI.NT DA TE NAME 5!3!01(jJ.:kn,'c:,,_ WeJ~n 5-7~iJ/6!) 5(07 ()j)11~(iv1 <s~JIf/(}ii!-) J.ou,Sf. {Yfo-FILlG-nT'T (if) Jr, F u T 6 (ri) 9~Vt ~cl-chJy~,-- ADDRESS 1:';03 1(",', I l<::rr4c.cDo, I07B / /'a" /1f.fYtllf r)e 10 '3'1 -(('-.2 l L l e:U-, / of) l;litJ , L J,F;"e IC. -.l) 1? , I D' :2. 5 1;Z Ie=. ,-< r<. CR. ~1 S/20/7 !?;)//)[/ //Ct"/2)')/(/tJ{i:S 7)t'A./ ,?2/1f.7r>' J)" '- f' .. I " r;: J 1...0 en M,tk...--t ()C<,V'll \cI~ L/fJ 7,'l '-,li? ,{ II Tr.; R R I~t;{ /\"c W ,'))0:-'-'\,,"\ \( w\-~~~~')~!":Jf ' 3- SOW"\'\"'I' I^-- \ ~\,"O Qtj ..J1JlS\\0~\f0([ 0 '::', ~ t ,\ / ) 51c! ~ / rf7 ~b:"(! J^~~ ~ /}},Jr7:dt (//]("(. a'/~!1/-r / c 'I( 7'- / ~( - J '0 ' . ~P0) 7 CIOl-! ~, Cl<1i /6 f)..~--;;- !ll,cj//GI!I! A/E u.~" . .~ C)'")(' [a " ')(1)0'2'" ll.-/,.- 8'"rdJ 7k J ) ,;., L ,Of Iv C" 'l\ 0- !S(iC\dr.Qa. ~J_ili I "J,/O'f "<iF~ , G ,\ bl'1tOi ~ , .' , "I,.~);:; \1\ ..L-, ,'_ / t+; J\icq"'-<2\'()~ i1\c\",ne1 U~oo S\'i\d.",'e<LlZ'.n,- ~tr9C' """"1 \ (j d q D11.AlI+'-'Ivj,d~ &O'2r:.r:oH'J lJ.-p /IQ." (~ 50 ),qti,1 P.~Hfl'jr ",!it~_c 1) V\~(bl1:ZCJ.U.- \ty II ~ ' _1Zl':LS. f tIC I'L /' . . ~ }' . "H' bi~1 ""-'LO' ,C 0 h, k". 12" ex",,,, .16); ,'I .~ ,.l.z,' ,;lie, "'. . . o. ,_ u u c ~::l ~o o ~ . ~ c .0 ~u v '0- cO 0'0 . ~ 0 "-.0 o U " c o ~c '.::: 0 :Ou 2'c oS c ~ "- ,- .0 00> .~ c: (11.:;:::; 00 2.~ o ~ .c. 0'0 c "'. ,-" u c .. ~ c 0 S~ .~ >. 0:- o . " .cO >-0 I I I I I I I I I I 0':: W I I- a I I I I I I I I I CJ z z a N Y(~M .~~~~""k f~M. Agenda Item No. 78 ~007 t " f 76 1J\~"f t--tS: 4llr.;- , , , \ ..L- iU{ ~ w ~ ~ < z ~ o f: " , sol CZVL 0_// ,,: 22....... . ~~Iii\'~~F':~~:"'~ "w ' , . , , " 'I~" ""P "'"I''''' . i --.... I~~ l\!VI I II 2f V 1'6 1 {.oJ, ,I I........., : I \ !.\HIGHLAND~t';\" ,,,/ " , [ ,~~' / \~... ~'\ , I}.l t. 2~ 4 !I 61, 8 9 1011 "(J ~ 1 F 2 J 4- r. 6 1 6 9 \0 11 ~ U \516 7 \ I rt'~l~ ~ F.l234:i6789111/;)14Il51 f5 11J~51678!910111 141:;116\7'"11 I ~ -\ 0,G 7 ~'\ \\ ,c 1, t, I 116 z: I, \. . E / 1.1 , , ~- i.. ~ ..... 66 ... TRAIL TERRACE DRIVE I ;:::. ,~,;,,~v,,\~,I, 07/10 ..\.-r If. 11<~..il5_Lg711~~~/I'at~;'7.\lJ\\4.1:;'a171.s\1\l20~' . V\I.L1 J~a V1 'I J 4,5 6'" 6 H1t\JI415 _ ./10[\i1'1 I 1 , ~~ +1 ["fil t-----=-- 2 J 4- ~ 17 tl g \011 lil-;-P4\1;-1 6f4 SP~R NG C<J~R1 ,_' ~~, <t := I C-4' ~ I, 1:l !Vi "\;, -1 " - ~ (.) Ci'- _ i 0___ ~ s,oERLlNG 1 VENUE 69 ffi g: I t/' VI 1 C) ,,I v' '\"::""~'I,~"Ir,,": !/ 7 ~= Q \1_ 4 __r5~A'1'1", 2J",j5tiI715g101IT:"'~141!1 ,- Jr5175g-l~dl~ll~~llt'16l'17 Bl~I.~ 1- " ;::i..'f:1...,::.' 'I 0: ,,~I " ~' ,", ,\ ,"I\S1 ,I I, I ," 2~F-z -1 10 --.I \ MICHIGAN AVENUE T G t L ~r'l 7TT-' -Ii?! ' l~rT '[" 'CD I' ".;.....0:: 111~-5~7,OI 234\ 6(7~\I\OII121JI41~I611-\1\2J"'> 61~910111J14.,b1611\81e 6 I -' :z ~ 10 1 2 J 4 oS 6 7 tI I g 10 11 12 \~J 14115 I 16 (]) \8 III 21J 21 122 12l 2" ~ I............ ,C[? I', _ 17 \ ~ !! C_1fTJ.G 8T1W-315 \ 7\ STIW_"2I!J \ C'\f'RfSS WOODS ORIVE ~2,,_: @CUII..J. I :S~, ~ " """ '""" :) " " " ~ " " rei 12. J S e , B g \0 1\ 12' a] 1]6 7 G,,~ 4 \ J 2. \ ;: I X 0 1 B 7 ''\- 13 ,~ ~ i C.S 1-" , "."- , :J ! ~ tWlL'l'GAr LANE 72 -..., -- HEMINGWAY PLACE ............ I 0 ~ ~'- I 1(8\ l~k4 11 Ffa 3\0"0 co 12 ~1...\--2~. 23 l\iT; ,llIcr c ": I',! Z '5242. n'2:;\;\\9 UI 11 \615 >!J 10 12 13 14 :~ \6 11116 19::10 _- '> I l{ " lbl12rJ~ 6IB~10\lI2""1415 Fi~J~516!1l11l@""T12J'I:114 1716-120'" '5 o .LI I @ \ ,13 leer I ! E L.... I \6 I ~\, I ',---" ' g , "I"" I 110 J:;1l0l J 7J I r'- FHANK WHITEMAN 1 BOULEVARD w!i0-<D 'tJ3~~l~, ,\11 \ r,,~,rt',1 'I'" in 7'1" \ yjlO~/\ T "',,~, '~I l~ ~J~~I~'L;JJ.'~616~~~:~)~~~ 2. .5G7l8l91)~lI2UIHI~1617'\ ~~ " c-4 r ~ . \\ " , '\' "[,, ~ " "~S~~~ '" ':j'1" " " " ,," "t' ,r; " 1 _, \ I I _ \ 74 _C;OPER OI~IVE \ ..~ ~f-- JO \.;..: " '" ..1,1.", " "JJ~~' """.." " J,,, "" " "',, ,," i----::-= , ~- ,." ~ 1 i ! ~ ll5 t 1 @) \" 26251 "lAcr!" r WAcrll _J -I " , I " , z o Ul -> l.u 'lie I- lf1 <t: -' .,_,_,_,_,_,_,_,_,__INDICA TES CITY LIMITS ______________INDICA TES SPECIAL TREATMENT OVERLAY INDICATES CORRIDOR MANAGEMENT OVERLAY (330' OFFSET FROM R!W LINE) DISTRiCT , ~ -' .0< ~'i2So I~'ij! ~,~ ",,:,:\o,u "'1,,0 J.,gj''i' 7 O:>ID.,,>- <=>a>",,< >"--J: .ill ~~;;;~~~.. 0:>0 I ~...'" 1 EE'I ,.'..~.\5g .... ~ _ :l;u-, e ~~f <-I. '" ~ ~...,:::;, ~~;:!t ~~;;;~J,!.. ~~~a~t <>:00 u"', :;;;::;;,h5~ '!"~,!.,~,j,'!'< ZZ~~~~: -- -~---_. SUBDIVISION INDEX "" N"" P,B, e" 110. ttAldE P.8. '.' , OAONIt[ , " " , C11'RfSS WOODS [STAlES PLI<T It . '" " , OECKEIlI~CHL/l1l0S , '" " , NIlPlLSIMPlIOVElJENTW'S.L1TtlEFAR),lS , , " . NORTH ~APlES HIGH\.AIlOS , " " . SPERLltlCSSUeClI'lSIONUNlTl . " " , TRA1LTERR...n , " " . OIlK KI'f{lUUlllT \ . " " . CAAIef: wooos . .. " " HE"'I./lOW~Y r.IlCE " " " '" ~ , " ~ l_ "''''''''''','f.O::~';!: Agenda Item No, 7C July 24, 2007 Page 1 of 36 ~- EXECUTIVE SUMMARY V A-2007-AR-1l500, Donald Murray, AICP, of TKW Consnlting Engineers Inc., requesting a ten-foot Variance from the maximum building height of 35 feet to allow a 45-foot tall high school building on property located at 3710 Estey Avenue, further described as the Naples Grove and Truck Company's Little Farms No.2 Subdivision, of Section 1, Township 50 South, Range 25 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 Section 9.04.00 of the Land Development Code (LDC) in order to ensure that the community's interests are maintained, CONSIDERA nONS: The applicant is requesting a Variance of 10 feet from the maximum building height of 35 feet for the Residential Multi-Family Six Units per Acre (RMF-6) Zoning District, per Section 4,02,0 I.A, Table 2. According to the applicant, the increased height would enable the construction of a three-story high school building proposed for the Lorenzo Walker Institute of Technology campus, and would accommodate needed community educational programs, training and other community scrvices offered by the School District. ,-- A search of propelties in the vicinity by staff has reveal cd that no other height Variances have been approved in the immediate neighborhood, FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier COWlty, 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. Page 1 of 4 "-.'~ Agenda item No. 7e July 24.2007 Page 2 of 36 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not revicw this pctition as they do not normally hcar Varianec pctitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: Thc CCPC heard petition VA-2007-AR-11500 on June 2J. 2007, and, believing that approving the Variance request would not be injurious to the neighborhood or detrimental to the public welfare, voted six to one to forward this petition to the BZA with a recommendation of approval, subject to the following condition: 1, The Variance is limited to a 10-foot height increase for a threc-story high school facility as depicted in thc applicant's eonecptual site plan, entitled "Architectural Site Plan Phase 1," prepared by Reynolds, Smith and Hills, Ine" datcd March 30, 2007, Because the vote was not unanimous, this item could not be placed on the Summary Agenda. The dissenting Commissioner voted against approval based on the fact that the motion did not include staffs other developmcnt condition, which was stricken in its cntirety by the CCPC's motion: 2. Irrespective of that depicted on the conceptual site plan, the high school building shall be Oliented lengthwise from north to south, and shall be set back from Estey Avenue at a distance of approximately 80 feet, in order to align with the existing setback of the adjacent school building fronting Estey Avenue, If the Board of County ConUl1issioners approves a setback less than 80 feet, or if additional stormwater management area is determined necessary at the time of the Site Development Plan and the nwnber of parking spaces must be reduced, the applicant has agreed to provide 24 canopy trees and 10 palm trees, whose height shall be detennincd by the County's landscape architect at the time of site plan approval, in addition to those plantings required by the Type D buffer, to soften the height of the three-story building from view of the single-family residences on Estey A venue, LEGAL CONSIDERATIONS: Staff completed a comprehensive evaJuation of this land use petition and the cliteria on which a determination by the Collier County Planning Commission and the Board of Zoning Appeals must be based, The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9,04,03 of the LDC. These evaluations are completed and have been incorporated into the attached Staff Report, A summary of the legal considerations and findings is noted below: Page 2 of4 fl<Jenda Item ~~o. 7C July 24. 2007 Page 3 of 36 . Are there special conditions and circumstances existing, which are peculiar to the Joeation, 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 of the LDC work unnecessary and undue hardship on the applicant or create practical dit1iculties on the applicant. . The Valiance, if gral1ted, 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 request will not confer on the petitioner any special privilege that is denied by these zoning regulations to other Jands, buildings, 01' 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 Valiance will be consistent with the GMP. SUMMARY: ,.....~ Staff firn11y believes that the building should be set back 80 feet (instead of 50 feet as required by the Interlocal Agreement) to mitigate the incompatibility issue created by locating the 45-foot tall building-by far the campus' tallest-adjacent to the existing one- story, single-family homes on Estey Avenue rather than more intemal to the site or adjacent to the commercial or multi-family buildings along its southem, eastern and western boundaries. An 80- foot setback would also maintain the established setback along the northern campus boundary, and could be accomplished by the elimination of excess parking spaces (the site has 44 more spaces than the number required by the Florida Building Code, whose standards the school must comply with). RECOMMENDA nON: Staff recommends that the Board of Zoning Appeals approve Petition V A-2007-AR-11500, subject to the following deveJopmcnt conditions: 1. The Variance is limited to a 10- foot height increase for a three-story high school facility as depicted in the applicant's conceptual site plan, entitled "Architectural Site Plan Phase I," prepared by Reynolds, Smith and Hills, Tnc" dated March 30, 2007. 2. Irrespective of that depicted on the conceptual site plan, the high school building ,.- Page 3 of4 Agenda Item No, 7C July 24. 2007 Page 4 of 36 shall be oriented lengthwise from north to south, and shall be set back from Estey A venue at a distance of approximately 80 feet, in order to align with the existing setback of the adjacent school building fronting Estey Avenue. If the Board of County Commissioners approves a setback less than 80 feet, or if additional stonnwater management area is detennined necessary at the time of the Site Development Plan and the number of parking spaces must be reduced, the applicant has agrecd to provide 24 canopy trees and 10 palm trees, whose height shall be determined by the County's landscape architect at the time of site plan approval, in addition to those plantings required by the Type D buffer, to soften the height of the three-story buiJding from view of the single-family residences on Estey Avenue. However, should the Board not agree with staffs recommendation, staff suggests that, at minimum, they condition their approval with the stipulation that the applicant provide the canopy trees and palm trees mentioned in development condition #2, in addition to those plantings required by the Type D buffer, in order to soften the increased height of the three- story building and screen its view from the single-family residences on Estey Avenue. This portion of the condition was actually proffered by the applicant, who conceded that the additional trees would help to minimize the mass of the proposed building. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review Page 4 014 Item Number: Item Summary: Meeting Date: I-IgemJCI lIem 1'10, ! v July 24, 2007 Page 5 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7e This Item rBqulres that all participants he sworn in ande)(parte dis closure be provided by Commission members Petition VA-2007-AR-11500, The O,slrtct Sci'lool Board 01 Coliier County, represented by Donald Murray, TKWCo(]sulllng Engineers, Inc, requests a dimensional variance of len-leel trom the maximum heighi 35 feet lor HIe Residential Multi- family _ 6 unitS per acre iRMF-6} Zoning District as prOVided lor in SecliQn 4,02 01 A Taole 2 oftheLDC The 25_60+ acre tract of land contains several bUildings for the L()ren~oWalker institute 0: Technology campus, h new 3-story nigh schooi is propcsed to be CDnstructedtoa zoned heightnotgreaterthE1Il50.leet The project is located a:37W Estey Ave in Seciion 1 and 12, Township 50 South, Range 25 Eas\. CollierCounly, Florida 7/24120078,00 00 ,AM Senior Planner Date Prepared By John-David Mos$ Community Development & Environment3t$ervices Zoning & Land Development 6/281200711:09:51 AM Approved By Chief Planner Dnte Ray Bellows Community Development & EnvironmentatServices Zoning & Land Development Review 6128!200711:45AM Approved By Executive$ecrctary Date Martene Stewart Community Development & Environmental Services Community Dcvelopment & Enlfironmcnt>.ll Services Admin. 6128120071:42PM Approved By OperaUonsAnalyst Date JudyPuig Community Development So Environmental$ervices Community Development So EnvironmentalServiccsAclmln. 6128120073:47 PM Approved By Zoning & land Development Director Date Susan Murray,AICP Community Development So Environmenta!Servicgs Appro\'edBy Zoning 8. Land Development ReviO'w 7/3120079:55AM Joseph K_Schmitt Community Development & Environmental Services Community Development So Environmental$ervicesAdminstrator Dale Community Development & ::;rwrronmental Services Admin. 715120078:50PM Approved By Applications Analyst Date OM9Coordinator Administrative Services IntormationTechnology 7!9120079:32AM Approved By Budget Analyst Date Mark Isackson County Manager's Oflice Office 01 Management & Budget 7/11120072:52 PM Approved By Date JamesV. Mudd Board of County Commissioners County Manager County Manager'sOffic" 7111/2007347 PM file:lIC:\AgendaTest\Export\87~July%2024, %202007\07. %20BOARD%200F%20Z0NING... 7/18/2007 AGENDW~)tllrp,No, 7C ., ~;r~WN. 2007 Page 6 of 36 co1N:r County 'lI_ ,~~~ ............ ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: .JUNE 21, 2007 SUBJECT: PETITION V A-2007-AR- J J 500 LORENZO WALKER TECHNICAL HIGH SCHOOL PROPERTY OWNER/AGENT: OWNER: Collier County School District 5775 Osceola Trail Naples, FL 34109 AGENT: Donald Murray, AICP TKW Consulting Engineers Ine, 5621 Banner Dr. FOIt Myers, FL 33912 REOUESTED ACTION: ~ The applicant is requesting a Variance of 10 feet from the maximum building height of 35 feet for the Residential Multi-Family Six Units per Acre (RMF-6) Zoning District, pCI' Section 4,02.01.A, Table 2, to permit the construction ofa 45-foot high school building. GEOGRAPHIC LOCATION: The approximately 25.60-acre subject parcel is located at 3710 Estey Avenue, further described as the Naples Grove and Truck Company's Little Fal111S No.2 Subdivision, of Section 1, Township 50 South, Range 25 East, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF PROJECT: The applicant is seeking a la-foot Variance from the maximum 35-foot building height limitation of the RMF-6 Zoning District to allow for the construction of a three-story high-school VA-2007.AR-11500 Lorenzo Wfllkcr Tcclmicnl High School June 21, 2007 Page 1 of 11 . Ur'--c.o ,....0(") D- ON 0 Z .'r'-- __7 'W '" ro ~o.. r:tI" 'D r ijj en <( f-- ~ -----j(1); \l:J._ I I ~I tj:~""",,r \ () (:l I-- g ----l r 3r\1~ v^",no ~ '" f-- ~ I- '!J./ 1 I )l1~JI&NI\\ 1-9 1 I ,- -~~/ liO(]NOO II = . )QIVdU31f.lW. ~)l:)1I01n1l0;)o:) Z ~- l I 0 UJ- t:1;( _ ,- '" <h0 i1<<< nl () \ 3 . BJJItIT1' ~:j / i<</!8 ____ ~ (} ili:" ~ 8 ~ - Q~ . ,-~ iil<.iiillllil~ -- < i ::F & - --\ --./ , 0.' Q ~ 0 J!. . ::> , ~ .: 0. g 8 e--I- .,..;\':I~lill.'.."i',..,. ~ w ~-- ii,. "''-'''''' '.. 1 0 , ,- < w ,..~_!--- \( ,~: ~'i' iy/,i i> ,""',', ~ ~ !:l a !:i ~ 5 : ).<\lllU 'lYlilNJO '" ~~~{&,"""" ~ i ~ i"i', :i'ii III L " - --' lilil:I!lli!I!!!! <.\ ~ , 1---- Cl , ::> Cl ~:ex -- 3 ~ -~ " lff.l ()r-:iE C} 0 , mF ,+ .1 I. 0 () ~~B r--. (It H~ QVOli ~)N;ll{)d-HIOo:llJIY (ie-'U,;,)) ()VOH '.lWnf1d~lMOo:I!l1V "',- 111 ,L " 3rl I \ I \ I II "! I, , - jl < . :!.hV3"nOI-l () Cl ~ ",' i" >< 1F<ln IT'V -", ~ ~, 1/111111- ::> ~ ~ or-:;; 0. 11'<,,,OL(O/. I I:- lMl\n"IOtI 'f"loWlMI ~J.Hfi [I '\" h p I- i 8 !~ i, ~ " ~h . ,~ I iu I i i ;~ - I ~t';UYIGl:fUlG Il III !' ~ I ,I ! , ~~ i rrc- ! . D'I'OIl"t.QlstlH...n Lfi.l' 1. , , ., '!I' ie i- , ; li~'\Iol ~t>>fIlY\<l"~ i , ~,' 'Ie , Ill, , !~.~ ~ i ol~ -- I' .1 'JIoItoo11f. { " 1''''1:1';11 ~ , ~-=- ,~ . hnl'11l Tmlll't"W"Yl . . , 0.. e:( ~ (9 Z Z o N o '" "' ~ ~ , '" <( ... o '" N , <( > '" z o t:: ... W 0. 0- <( ~ z o l- e:( U o ..J ~ i ~ ' 1'[ .M i .. ! f..- . ~ n' ~~" 1:'; I, !.'l! ij,,,,~,~.d == i 'm ,'li!lt!' B'~ 1. . I ,~...." ~ d ~irh l~ '..:'~--,., i-~ r - ---- I , , I 1--1 I-I i I I -, ffi ~~8 ~g~ . . 9 ~ ; 1'$1; ji~ U It!;l ,- llll I:;;;,' , W',~,', I!"" .! r, nillig, A,.., :<..... I:~,;~ 1\1 .7C Jul" 21 ?007 I rg~~ of 36 i ..; ~g Ul ~ < ~ u -. I I I I ! . 1 , d 11 , o ~ .. "'z ""~ ,.....w ""-'" ~bJ< -I::'" 5","- ~ .. :i! ~ a. ~ I ~ II ~, ) ,..' , , r^VOVl1~N"'G im--l - I ! I 1__ .J I i .J I I-"-i I ! I -I , ---i I I 1----1 I. Iii ~, 9~ ~~ , ? Agenda Item No, 7C July 24.2007 Page 9 of 36 building with a maximum zoned height of 45 feet. The approximately 60,000 square-foot structure is proposed to be located in the northeast corner of the existing Lorenzo Walker Institute of Technology site and, according to the applicant, will provide space needed to accommodate community educational programs, training and other community services offercd by the School District. The conceptual sitc plan on the preceding page, entitled "Architectural Site Plan Phase J," prepared by Reynolds, Smith and Hills, Inc., illustrates the location of the proposed high school relative to the existing buildings on campus, all of which, with the exception of some portable classrooms, are proposed to remain. Due to the space constraints on the site posed by these existing structures, schooJ bus bays, stormwater detention facilities, and the inability of the campus to expand beyond its borders, a three-story school building is bcing proposed. The three- story design will also permit the rctention of a greater number of parking spaces than the horizontal bulk of a two-story structure would allow, thereby maximizing off-strcet parking. As shown on the plan, the new high schooJ building will be oriented lengthwise ii'om north to south to minimize its impact on views from the closest single-family residences along Estey A venue. It will also be set back from the roadway at a distance of approximately 60 feet to approximate the established setback of the adjacent school building to the west, fronting Estey Avcnue (although tlle Land Development Code [LDC] does not require minimum yard setback for public schools, the most stringent front yard setback [for multifamily structures with three or more units] in the RMF-6 District is 30 feet). In order to further softcn the view of the proposed building, a mixture of large canopy and palm trees will be placed around its northern side and along a portion of the northcrn boundary of the campus, as depicted in the graphic below. Access to the site will be provided via all existing point of ingress/egress on Davis Boulevard to the south, and two points along Estey Avenue to the north. A search of properties in the vicinity by staff has revealed that no other height Variances have been approved in the immediate neighborhood. CANOPY AND PALM TREE SCHEMA TIC VA-2007-^R~ll5{)O Lorenzo Walker Technical High S-.;hoo[ June 21,2007 Page 4 of 11 !'\genda Item No. 7C July 24,2007 Page 10 of 36 SURROUNDING LAND USE & ZONING: North: Single-Family Residences, zoned Residential Multi-Family Six Units per Acre (RMF-6). East: Singlc-Family Residences and Springwood Condominiums, zoned Residential Multi- Family Six Units per Acre (RMF-6) and Planned Unit Development (PUD). South: Germain Honda and BMW, Walgreens, zoned Heavy Commercial District (C-5) and Planned Unit Development (PUD). West: Self-storage and various commercial uses, zoned Heavy Commercial District (C-5) AERIAL MAP GROWTH MANAGEMENT PLAN (GM!') CONSISTENCY: The subject property is located within the Urban Designation, Urban-Mix ed-Use District, Urban Residential Subdistrict, on the Future Land Use Map (FLUM) of the Growth Management Plan (OMP). This land use calegory is described as follows: VA-2007.AR-11500 Lorenzo Walker Tcchnicall-ligl1 School June 21, 2007 Pag. 5 of 11 . Agenda Item No. 7C July 24. 2007 Page 11 of 36 "Urban Residential Subdistrict The purpose of this Subdistrict is to provide for highcr densities in an arca with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80 percent of the Urban-Mixed-Use District. Maximum eligibJe residential density shall be determined through the Density Rating System but shall not exceed J 6 dwelling units per acre except in accordance with the Transfer of Development Rights Section ofthe Land Development Code." ZONING MAP " f?' " ~. 8 i L..... !..A J It.,. .t !t ,..."rT" ~~l' i -, ..: ~ _ .~Wi --;fl.- ;ti""", tl)04 --; IIlImlt..l; "'.,-",,1 ~ ~ A ';;. ~.JJ' . ~: "~r:m EE 4 ~ uITTI I~ ~~. ~, __ 0--:-:,,8_ ., ~ U I .-- M$[11ll " ~! -;;. 3 II .1 i, . . ,,,__ Ii! ",' ---'/-... fi t:::! II -I ~.. · ~Iw-"""", ..... --L. !. . " .. I '"' It I". ~ ' ,! , · · I. J;-- ~~~ ~ ' to _~ . II ;tt I. I? "1. It LI .. I. I' II ....- i --;1. . .. ~ ~11 lIII l~;ro_......-:'" i! 1 IL-~ f U .,. ~ ~ ~....;. I _..oJS~~ I t -7-1I/j ~ t,~ ~'f.."I>'HU"MOI" ,a'.. ,~.tM" fr; ft It" II a [i~ ... ~U~"~j; ""."..IIGII:.J:., II' IIi-I"11I JI*' ~ I . ~#NOlJt I ~......_ I.. ('l',- AE 6 I '. 'I'J ~llllll t40 II . - II- ..,!tt1II"1 ~""~~t1~ C ., . , W 1+ 10 II "'~ - AMF-6 ... .. ... .., , .. !Wi[ I PU . ~r- '" "...., ~ '\~II ~ - - ... \'0 '1U.H::atDa. <'I" c-s 1_,!~_1l Ihr8~ x....... -... p:c.4 'I fil'1[1 r'-~ I PH<1t' iiil c-~ ;--" 1\ r XI ) I ~ ,...,... X ~ ~ ,u1.!.. o"..r; ~trt'UtD r;o &11 Y A-2007wAR-11500 Lorenzo Wlllker Teclmiclll High School June 21,2007 Page 6 of 11 Agenda Item No, 7C July 24, 2007 Page 12 of 36 Future Land {jge Element - GMP PoJicy 5,]4: Public educational plants and ancillary plants: Existing public educational plants and ancillary plants: The sites containing existing public educational plants (schools and associated on-site facilities, including sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, including administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series. This includes four sites where educational plants have been approved, but construction either has not commenced or is not completed. More detailed descriptions 01' depictions of all of the sites containing these existing educational plants and ancillary plants are continued in the FLUE Support Document. Expansion of these educational plants and ancillar)' plants of these existing sites, as wel1 as expansions to the sites themselves, are subject to the provisions outlined in the two Interlocal agreements adopted in accordance with Sections J63.3J77(6)(h) and ]63.3]777, Florida Statues, on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of Count)' Commissioners, and subject to the implementing land development regulations to be adopted, The GMP does not address individual Variance requests; it focuses on the larger issue of the actual use, As previously notcd, the subject petition seeks a Variance to al10w a 10-foot increase in the maximum height limitation for the RMF-6 and C-5 zoning districts for a proposed three- story high school facility, which is an authorized use in this land use designation. Therefore, the actual use is consistent with the Future Land Use Map, Bagcd upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Uge Element, although the Variance request is not specifically addresged. ANALYSIS: Section 9.04,00 of the LDC grants the 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, which are general guidelines to be used to assist the Commission in making a detcrmination. StaiT has analyzed this pctition and offers thc rcsponses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstanees existing, which are peculiar to the location, size and eharacteristics of the land, structure or building involved? Yes. The subject site is space-constrained due to the location of existing buildings on the campus, school bus bays, stormwater detention areas, and sufficient parking to accommodate students. Due to the campus' location adjacent to existing eommcreial and residential uses, acquisition of additional land for horizontal expansion would be difficult. By constructing a three-story building, the School District would be able to accommodate all of its programs at the Lorenzo Walker site, thereby more et1ieiently utilizing the resources already in existenec there. b. Are there special conditions and circulIlstances, which do not resnlt from the action of the applicant such as pre-existing conditions relative to the propCl'ty, which is the subjeet ofthe Var'iance request? V A-2007-AR-l1S00 Lorenzo Wnlkcr .rCChllicnll-I~gh School Page 7 of 11 Juoa 21, 2007 r flgenda Item No, 7C July 24. 2007 Page 13 of 36 Yes. Most of the buildings on site were built prior to the School lnterlocal Agreement, now making it more difficult for the applicant to meet the County's height requirements. Due to the nature ofthe proposed school programs, the location at the Lorenzo Walker Institute of Technology campus is the most practical and cost-effective option. While it would be possible to locate the proposed high school elsewhere, to do so would present a Jogistical hardship in terms ofthe programming of elasses. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation of the code would create practical difficulties for the applicant. The 35-foot height limitation for the RMF-6 zoning district would not allow for a thrce- story design, ultimately forcing a reduction in the educational facility's area and a commensurate reduction in the educational/training programs that could be offcred there, As stated above, moving the facility to anothcr location would prcsent a logistical hardship for the programming of classes. d. Will the Val'iance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? According to the petitioner, the 10-foot Variance is the minimum necessary to allow a reasonable use of the proposed three-story structure shown on the site plan, However, if thc Variance were not approved, the petitioner would still have reasonable use of the land. Approval of the Variance would not have a deleterious impact upon the standards of health, safety and welfare, Rathel', the additional programs afforded by the Variance would promote the welfare of the community. e. Will granting the Variance confer on the applieant any special privilege that is denied by these zoning regulations to other lalllls, buildings, 0" stJ'uctures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of this Variance request would allow the proposed three- story educational facility to be built at a height of 45 feet, which exceeds by 10 feet the maximum 35-foot zoned building hcight. FUlthermore, no similar Variances have been granted in the immediate vicinity ofthis neighborhood. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurions to the neighborhood, or otherwise detrimental to the public welfare? In order to mitigate the impact of the high-sehooJ building's height on the single-family homes closest to it, the structure will be oriented perpendicular to Estey A venue. Although staff has requested that the building be set back approximately 80 feet from the roadway- so that the building aligns with the established setback of the adjacent school building to the west and to improve its compatibility with the homes by further diminishing the impact VA.2007-AR-1 1500 Lorenzo Walker Tcchnict\llligl1 School June 21, 2007 Page 8 0111 A,genda Item I~o, 7C July 24. 2007 Page 14 of 36 of its additional height-the applicant has set the building back only 60 feet from the roadway, citing concerns regarding the loss of needed parking that such a relocation would require, As shown in the Table ] below, the site is required by the LDC to provide 662 parking spaces, yet 790 spaces are being proposed, This represents an overage of 128 spaces. As noted in the Florida Building Code (FBC), Paragraph 423.10.2.7 (see Exhibit A to this report), the school building must also conform to the minimum parking requirements of the FBC, which are outlined in Paragraph 423.10.2.8 of the Exhibit. As shown in Table 2 below, tbe site is required by the FBC to provide 746 parking spaces. The applicant's proposal represents 44 spaces more than the number of spaces required by the FBC. As such, a development condition has been included requiring the building to be set back an additional 20 feet, which could be accommodated by a reduction in thc proposed parking. Table 1. Parking Requi,'ements pel' LDC Sec. 4.05.04.G., Table 17 Vo- Tcch (1186 students and 60 slajj) 2 s aces!5 students= 474 s aces 4 s aces!5 staff= 48 s aces , 522 spaccs TOTAL: 662 parking spaccs Hi h School 600 students and 20 sta ' 1 s ace!5 studellts~ 120 spaces 1 s ace/staff= 20 spaces 140 spaces Table 2. Parking Requirements pCI' FIOl'ida Building Code 423.10.2.8 g. Are there natural conditions or physically indueed eonditions that amelioratc the goals and objectives of the rcgulation snch as natural pl'eSel'Ves, lakes, golf courses, etc.? Yes. The School District has proposed to use 24 large canopy and 10 large palm trees, in addition to those plantings required by tbe Type D buffer, to soften the additional] O-foot height of the three-story building. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variunee petition will further Policy 5.14: Public Educational Plants and Ancillary Plant requirements of the GMP. It furthers the goaJs and intent of the GMP by promoting the health, safety and welfare of the community. ENVIRONMENTAL ADVISORY COUNCIL rEA C) RECOMMENDATION: The EAC does not normally hear V uriancc petitions, und did not hear tIllS Variance. RECOMMENDA nON: V A-2007~AR-11500 Lorenzo W/llker Tcd111ical lIigh Si;hool June 21, 2007 Page 9 of 11 . Agenda Item No, 7C July 24. 2007 Page 15 of 36 Staff recommends that the Collier County Planning Commission forward Petition V A-2007-AR- 1 J 500 to the BZA with a recommendation of approval subject to the following conditions: 1. The Variance is Jimited to a 10-foot height increase for a three-story high school facility as depicted in the applicant's conceptual site plan, entitled "Architectural Site Plan Phase 1," prepared by Reynolds, Smith and Hills, Inc., dated March 30, 2007. 2. Irrespective of that depicted on the conceptual site plan, the high school building shaH be oriented lengthwise from north to south, and shall be set back from Estey Avenue at a distance of approximately 80 feet, in order to align with the existing setback of the adjacent school building fronting Estey Avenue. If the Board of County Commissioners approvcs a setback less than 80 feet, or if additional stonnwater management area is determined necessary at the time of the Site Development Plan and the number of parking spaces must be reduced, the applicant has agreed to provide 24 canopy trees and 10 palm trees, whose height shall be determined by the County's landscape architect at the time of sitc plan approval, in addition to those pJantings required by the Type D buffer, to soften the height of the three-story building from view of the single-family residences on Estey A venue, V^.2007~AR-llSOO LorenzO Walker Technical High School June 21,2007 Page 10 of 11 Agenda Item No. 7C July 24, 2007 Page 16 of 36 PREPARED BY: oL~~ ~DA V D MOSS, AICP, PRJNCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW s-/~r:::/67 DATE' I RE I DAT?/'l#{7 ,~ e"j 0'7 ~),: <> - , DATE RA YM( 0 V. BELLOW , ZONING MANAGER DEPAR MENT OF ZONING AND LAND DEVELOPMENT REVIEW A~J "-In. vutC'i'U..-LJ / SUSAN MURRA Y-ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DA;~/t,/o 7 APPROVED BY: 4/7;; I DATE' ,-- PH K. SCHMITT, ADMINISTRATOR MUNITY DEVEr ,OPMENT & E VIRONMENTAL SERVICES DIVISION 1 /] /1 I ^ //I-+-t- I f I ! /, .. 7 tl i(\(,L II j\E /~(I> MARKIP. STRA.IN, CHAIRMAN I (;Z! '0') DATE Tentatively scheduled for the July 24, 2007 Board of County COllUl1issioners Meeting. V A.2007.AR.ll SOD LOfCllZO Walker Technical High School June 21, 2007 Page 10 of 10 f Agenda Item No, 7C July 24.2007 E Pj,,';)$ 17 01 36 X llblt A i ;,':::,' tRi~f;~~;"C~~~ied ;~;::;H,\II~x~~Jdi;f6,o;,(~05'~~L ,be)(oncleacYrside:oK.the'desiglj,a(ea wa!ki>iay widU,:',Gui:' ,. ::- - +' ~ Jei:s.cfoH,l~r:watd f~1i]:ijfni~~Q~~k"~~ -~ijalr.Pteve:!l(~'l:Qr'iu::. . \ ~ ~ ',' ': :~~~~~'~f:~~~rlj,?~~!in%;~n~?::'o~~ .:dr?l<~~}~~~::e'~l~~f,~;.~.l,~s ~;,:'.t>-::;~"~ '.~ - ::, ," ,:, <,i~23.10.2.2 Accessible\vaiksapdb~id~.;s.'Accicssible;;'" .' .waiks '"ha 1I.'2~n;iect building .'entr~~ce(s), iQ'lcce,~;ible; . " -', : - -.: llaiIqrig;.'~~9}i~ t'~'an;'p?-~'~~9on;.~tbP.~',; ]ii~,h ~~ s.tie~~,i' s~de:: - " : -~ : ,'.~"(vialks/l~~cjing )i~iq qrop':.O~tZQile~'I~'~llCi:othei'-:fa,ci1i~i~f/: , .(,.. ' : ' '!Iithi,) ..the ~ile as required'by 1he: acc04si\)iliry standarcls.c': Scho'ql boar4 ,sites'wllej'(;.yci~9itti()nal;;iapt;<iure. ,'epa5, , '. rateq ,bYhig~way~ s\1~)i, )oe, ,cOnUe~t~d:by over!lcad,'. -~ -; ._:..p~~~~~iti,~?J~:~~~~:,~"~ >:,'.'~::_..",:". >~- "'::"~:C;__'~-~ ':.':-\' ':" ": ;.":,;.:"; ~ :' . '4~3.10.2.3D"aitiagc': S6il,gr~;s;ai1~1'j;llj;in,g beii~ siiair, :' . _.':; :'.1;!'o\d{jt:5)dsiHYe.di:ain-ag~-h)Yay fFofh'sidf;}walkS:~;Q~tsh'a'il-~c ~,. -. '-'i~&l falJ.~~a'i['~~_ri??~.e il.l<!n>:~'?,::i.1'erc~.* :gr~4~?ilf~~?p'~JO! ~~ ~ t '- _ "r minij~~ni distance, of ~ 'feet (1'524, lnnl\fior\l the' edge;', ' ':'tThe,'locaticgl 'of:ill13~l'ai.!1_s~ ,gr~LCs.,drQ3? ~nlet~, 'c"arch b~s;:'" "~ " - .-llis, oihei',dl:ainage'elernents:~m~'ch;'b-,cuts shaHb<tol1t o'f~: ; ~. ',:~ :; ~)~'_1~.~ln'~~9,i";qf p~d~~tr~f!.~.~..~:~.~~7;:~',:~>:."': ,:~:::"::,\':' ..: ,', _ ":,: ~~?" ,: T,~ 42ci1o.2.4 VertiCill~' drops.^cWal{s, ,railin);s; ',or: o,t11e;:':, ~ ph-y.~{~Ell~,~~~~~i.s' Yi:)ii~j~:~~e:gi}.~'~~.t'~-'?2ir\i\1'U~ ~i4 ~~:q?~'s;:\, ,'(395 Jl1m) 'n hOlght, ,h~ll d,fme a[ld prote,Cl any verl!Ca] , . ' /~,Ilr9p :9,ef~,t:~ri:J~irMl}g' 9[: 'a~l,lt~i~g"sV,l~(as~es, ,~f ~li}?~.~,tJ:liil! o,~c: ':: : ~riches ('152 mm)1lUt 1ess ,than 1 & -irichcs( 457 ,l1l)i) hi ' , Height, ";ny verlical drqp of'.18 ,)l1cho;;'( 45~ 1l11ll) "f1110l'C ' : ,- ,l,all bepro\ecle(lhy'a wall or g~ru:di:ail a minimiim 0142",' ." iMhe,to.OG') niiu),~il~~lgbt:' ',' c.',. :'; ., ,', ,'. .". ,: :',: . , 423.10,2,5 Roadi\mu 'streets,,-EducatiQn~1 and a,iell-:' " ~" iN;Y~ ~s~~e: ac'q~s~'~'s~aq; 'c_or.;s"i.~t~_: or. ~'. ~I:ih1~i-x, toad; -'~~d.~ ~, .: '-: arlOlher-nlcims .o'faccess.'Jci: b(used ih the-eveilt thc.pii;::~.,~' '. : " noary ;'(lad...is blocked:: S\aliilizedwiJe' s]i~i1]ders of'1he i,:- ,,:,. pl)~11,ary:-~oa'd, ~tm_sb~tl:Uc'tc4', qy:-: .1.~l\ds~ap\lig~:''-'Bl,ailter~;;.~; , "lighLfixtur~s~ t),~le~; ;l5~llchesl' i3tc.: \Vhicl~ allow'.a '~hil'~""" ' l~U1e 'oftraffic;'1p~)!.'\utis~5i -lhe"i'eq~rrc'nlent .[ot: ,th~)thei-:. ~ . " ',~~a1~~:'9f~c~_~ss:.. ~rl~"ew.a~.s: ~l~a_lF-gQf ,'c()!npl~tet?c.e~cir~::: :0 ~ , ~l~ a:s.ch901 .pl~nt t9" a1l9w 'srude1l1 access..to play arca(,' , - '. ~ \~ilthoutJci'o~sing' i'Gaels; v~hlcu1a?31:"itpe(lestri~n' t'rnff1c:" " . '~hailJl.9t ~.cj'oss' e~0h "othel;'oi~ the ~site; bus dr~V~Vi;a)'S and. . .- ~~i"~m.~i~'~-~p ?1:~~~ ,,~.b,~'~L ~~"-SeR_3,i:at~d.>~'- : ,:,'-,-: ','" ,---.~ -' :;- 423;10.2:6 '6us drIves.. Bus di-ives 'on educational shes .;. shal~ 'tH:~ 'de~lgn~d "sq' tl{at bti.~es: dp not' naveC'to bac~( ill)."':: IDie' mirilmUlll wid\h shall be 24 feet (1315 miu) for .. :t~wf?~Ein,e~traffj~,:The-'hu~h.ing .radius 011 'echlcationar tmtl" , f\~cillaJ~i. "sit~s alfd lor, t~\ptiJig. ~fr,:pl1~li~ ~:ccess :,stl'e~ts_':' '. ',", sha11'be as follows: one-way traffic, GO feet (18 288 mm), ' U)ipim~'iJl ni#asuI'ed t9' the ,9utsid<i',cu~'0"o(edge'- of. the traffic lane;,tv;"o-way traffic, GO fec:,t.(18 28'8 mm) mini- _ -'", ,~~,~:.~\~_~~s~.~'~q,to lh~;~'~'l~t.~~li,n,~:~~,~be/b~~:. ".: " . 4-?-3.1~:~.J- ,YehjcJe~, parl~J.ng_ ~r~~s~. .Ve~cle. p{trk!ng . '3.1;~as shall CC1l11.Rly witl:J.m.iriimllW padcing sl~at~'I:Cquirc~ <, ' . P)~I)'ts)I(-thi~ 'settioll: ,Exct:'p~' f9/P~l)(iI;g' siJace 'l:eguir~-' " - - : .' men_t~,to_ rii~t ft;ller~r.-and ~tate .~cc;'e~'-sibility laws. whe!'.c: . - ~~t~.T.l!~~C 'tI~ail~r9n~_tjo~~~,~H" P,~ll~~i,;1.g . '!ri;ahgGme~t? ~ ~re . 'available rheCparking i1.r~~, requi.n;meI1ts n)ll)' he reduced-- :fron1' t.hetfe ..stanqards if. ~uffid~nt'jusqfk"ati.oll . "_ "do~i1incilta'tiori is,prQv.i'd.eQ"amh{ the'rcvicw:~\uthmity: appr9ve~ th-e. rethl~ti"?l~ t~ascd or; U~cjl:slifica~i~ll~ O'ver~ f1~w p~rk.ing .a~e;as 'may u~ili'l)~ a_ltel:~ulti~e pa'r~in? S\lf-' '~ ." , FLOfllOA ButLtllNll CODE;- ~UILDINQ 4.65 '.>,:_'1:',":'''' ,., ~':., ,-' " ~'v' " "" , .;,':' : S?ECI~LDETAIL'ED REQUIREMENTS BASED ON USE AND.OCCUPANCY '>-'~-'~~<~j~ c', ~'~ - -( ""2"'::-;:;:~ ,~, ,';>> , :':" !-;~,><,-::-, ~,-~-" :~,:':'~, ::..,:"-\"::,'~- ::_;_~--:":':::,; ,:~ ~: ;,~?<,":~,,;:",("':~--'((,:''',,-'F: \-;' . ,-'.' .,---.., ," .,'.' :P_\g,~~,d-$,:-it~~11'j~;'{:'7C',,' ' , . "..Jdly24, Zfl0? :':l?"g~ 1'8.ooi'~', ." ',--- "1-:':, "',.,-' , ' , . "'.'~,--, -',., '" ':':".";' :,.- ,.>'-~~" .<, --" ::-':<:~';':.c-,;,-:''.:~:-:;' ",.~--,'-, ~,; .;>~-- "" face{whichfaciiitate-~~l~r absorption ,'alhe: thai; rlIl)~ .b~25;je~t'(7~20 l~\Uj wi,ere sitesiz~.pel:Ji)it~;~it;h;lr,~o~ " . i':9ti.';'ilen'apP'1~?Vecl.Jqr:~';:e'bY.lh~ ;'e.yi.~vi:;,~utl~ority:, ' pLy,withloca1 sctb.~clc~equi(c!:rifl1~iflcs~ ,th~n, 2.5f~.t (7p20 " I ; ~. This reguirelnent:usup.llxappltes}o a -percentage of the ";", :~,rg)i-.", """ _',' _ _ _,"" _,',-'~ ';- <,':<\~:~,__,-Y___ _,'~~::'~:<,;:--,,:,;-".,:~~', _,', ;_:___':::' . pal;kingsE~ce~:nOl.~1l~oflh~1]1. ~'. .' .- - , , 42HO.5ScllOpl'bo"-rd.playgl''1undS,'eq~ipl;ien4:a~d'L Exceptio;;, 'Accessible ,parking 'spaces,.diali, be hill'd ,athletic fields. Playgrounds; eqllipmeut,:aJld at!ilelic fields: ' , , . sUlfac,e.. ;':.", ..' " """ " shall b,'uccessible:cOl;,patihle ,,;;ith ~heeducalionaJfadljty , "....., 42, ~4:2103.,"lio.8.2.~,18i.n1'IJI:'aUcmu.:I'tyPa.nrln,ldDgs.tlu'cr'fq.u"o'irl,eemsepDalcSe' :f'o"rc'a'ch ,.solved a~dshaHcompJrwith the fOl1(,:ving:", " . , '" _ ' 423.~0.5.l' Ki11dergarten ptay aieas' shall be separated' . ':/ ,:',':,;, '::~me_~~i_b:ei:~:'-~'-'---,;>,~:",: ','/:~:',>,~,' ';~:-;;:":_~';_\_"'::::_'::'--- '_,: _ _c'>,,-_:;'-, p~. _' ,:'- ".. '__ :. '~, f):c~'.u',,- othe{ p~a_~., :al:~as.__ f~~ce,~,':.,~riq~,s.h,~n_J?,y;':,girec,t1y-:," , . :--~ .:iii3:1 o';:~_:i\i~i't6ri.;Oll~"sl;-a~:i6r.(~\~~e~ l~O SI11(~'ent~':-- .- -->,'.. ,,_~c:c~~~~~~ J~~~ Pl~Y..l:,~~lerg~t:et\~1a~~E??~~~~~'~:'~; ::::_:"'_:>. ;;, " c '.'" ,423.1/).2.8.3 C~I1;liiimit~ ~linics;iJle;'''; p~~vldCd: '. cigJ~~~d\7l;,;!t:li~~ll~~f~t;~e ~:~J:c\%~.j:P~L:bt~ ' '", Te.~:,paces,inc]udmg il)le'a~~esqbk'~a~e, ' ,',' . PICIygmund Safety by the US coii,suplei )'lOduct Safety ',' 423.JO.2.8.4-Higb'schools; One space lor overy 10 Comullssion, and tlie ASTMICPSC, P/aygmund:AiuJ,it, ;~~S~::'~tl~,?~rfS:'{t~,,::~:,~~~,~~'~\~~_,~l~~:::'~:~~~':;.~':\':"",c__" ,-~:" , , 9uide,a~'~ap,plicable!)'~sllltIng~llf[}_~j1i~~~'s\iht~h ~,~~'s'~fe," ,', ' ,,423.jO.2.8,~ VocatlODal schools, One ,srace f9~ strlleluraHy sound, verminproof. and ,do not havejagged' ,~~~~'~~~i;~u~::;~L;;'itJ"COIICgC~" '~nesp~b~ 'for, :~~~a~~5~~~;:~~:c~s; from th~scbol)J buildings'shaH ' , ,- -- d ,,- , oe_pro\'i4ed:,~o:pi.aY'_a17eas'_an,o .~tlU:~,\!9Xi~)ds\vi,th-,6~,t,~!'6?S-' ~f:~~:y'.~w9;,s,w:-..e_ilt~~~"":<"':~:-:"_'::::-':'1':', ._-' ,': '_"'_ u, ,- _" ': . -,,::,' ',' " , ing pUb1ic,I:O,ads, oh-,sile .t~affic':IJlnes"'..al1d-'p~u:k1ilg)ots,,,:. 423, 16.2.8.1'Acccs'~ibleparkiilg.'~arklrig'ip>aces des. . '.. . . c~~~;~rt;~~~~:rltl~t~~~~~~:d~~;~ld%~I)~~~~,:t~}~jg~:':h~~~~?~I;,~Ci;~~~;::~f~o~I~~i~l~f~~~~s~;~~~;.. ' ',' . '~Btlilc(ir'iS;.an'g Sec,ti.ori 3.'r6~)-95~-:1:'J.C?rfd9 ~latlltes," ' " ; -"'boAes,_Gb~~r,vcit,i?n"l~lfiiroi'njs;'s~oi''el-iQa-rd~<~ ~T~d:_qugO~_~~,,:" i .' '. '" . . " .. .' , 'shall'tie desjgnpd to l1)ect. COde: r~quireinen.ts and the . <',42\'1_Q)"Sile,~ligi.~tirig,reqUii~e~,_'D.~~igri,_'c9ilsL~':l1cHo!< alld,::', ".' ',' ~()ctupaht qapa_cjty,anticipated, f{Jflh.c',pI'.9gratp.1':' ': ;,,: ,: :',~~~:~'~~~Ji~~t:'~~~J~~U;'l~J:J~~i~;l ;or educatiOllal and ': 4i3.l0.6,~xferior ;ignage. :"iLper~\an;'nt ,~Ind fre~:~t"l;d:. ': :'::_~;':.;,--"- ~> -", :-, '-'" '-;,,-, ';~:-- ,--,-",",..; '_- -.-,::-, -,. ':: -< .~::,'_. ", -, _,- _,' , -:, " ,.,', ,mg'eil:tcl;,loplgn,s shal.lbedc,slgnp~lp'\~tthsran4 ~pm:OWl?~~,~, - ""~~~,~O~-~.~__:1u~o,,,~t~;,_~n~:S~1~~-~~ ~tl,:~~~r.d ~2~~1I,~g_~t~~,':~~_"~~~' _ _y>'i'nd,~lQ.n,ii,~IJ lUlnfn~ted Ji.g!~~ ~1.1~.ll :~Ol:~P!y~j~p~tlie _electti:~, ' ~,23jO;3:"2'pillk1ng-ii.rea's'>,:' ,,-~ - "..... -., ,,;",' '.~ cp.~ -ancl"i~stEl.l1atr()n 'rcqui~eri1~ht~~'9F___tM~;:F(~]'h1,q":B~,(ilding':- 4' 0'31' 0''13 ,:' ,).e ". / ':~ ' Code and Uniform Fire SafeiySlw!dard.s as adopted by the _ . '- ~-_ '>--,:~.' ",:D-U~_ ?m~fel~~:l:vtel\:, "' _ . State,FJr~ Mafshal. ' ',', , ," ~,' - , '42~.,ltJ.,3.4'C:{)ve.re(rand~,tonQector w"alks betweetl,buil,d-: ' " 4 3 Q" 'r:-1""~~'-- ,"-- : I" -', ' , " lb' ,'- - " - ',. '-', ' 2,~1 :~,~:',;,,)'it~-_~lghage~~wu'hotsreate_~!)s,ua-,:- ar.n~er's:~L )!~g.~_--_a~I~~'bet\y~~U:-,~~jltfif1g~,-~at~~II)~'b~):g,', ,:";"" _,-' cl1tl'ances" sjdeViall~s,-J'~~qS "~ol;-'J'9ao 'll1tcr'secti,ons:' " ,', ',-'4~~:io:,3,;"5:-t;jghtiD"g~,.f(h: ,p~'li!krng :.areas.- p'al:killg',<u'ca ' " , , , " .., .'423.l().6.2:Ac~essible Hmles,iIltJud;ng parking, 91l11d~ ".-iigbt.i~:g'.sfarid.ard$ sbaILb(d~s'j.gned:to:_w.ithstand-appi'o-," _ ", , _ _ . '__ ' , " ' ,_ _ , - - -- - -' - - >,"- - -" ,-- -.' -- ' , " ,," ., illg~dire(.tories; -'b~li1di!lg'iq_~nttfi~at'l.Q!l; and _ac;~cssi"ble '< -pri~t.e '\.vi~~d,' 19ad}( .?ad~.Hig:_q,',"eas ~shall' bee m0mimited to 'c " - -- - -- ---. " -- '- - - - . 'cntrances',sl-iallbe',inarkcdby:eite:rio~s'ignage-iri'confor~ '<i~.,avctage',~la~1~.tairieil'horizonti11 fo()tca'lld~e~ measure(~ - _ _ _ ." ' , . . - ~nance,-)\ii_~9-fe.de,ral :and st<~te_~cc~ssiQilit)r 1,1\'.'5, - , a!-the'5Ulf~lc.e asJ611o\vs'::"',,- , _" "', o':~ ~,",', '_-:', ,_n ',. "_:_, -,_ ."" _', ,," ,', , 423.10:3.5,1' Pa;:r.i;;g'ale"s":''j fo()tcandtc.(W lux). 423.10.7 Landsc'aping, Refer .to Section 10B.64(5);' ':':-,':.-"- ,:" -',' "_ ~ ": ,"", _' -_---',-"'-_ -.,' _:'- _ - _" ,:Fl,t)rida,-Sta~utes,-'for.school bQat'd_-aila~Cof!im'unlty'colleg.e "'~"-42i 1~O',3.'5~'f -eo\~:ered',\ind_' connector' \'vitlKs:--l regllii"el11CIlL(-"' Xeriscape.,'-is :dcfitlcd iIl Seci.i-on :)73,185~_' _footca~dle(lOlux) . ',. . ' ., Florid; Slotutes " , . '423.JO:3,5.3 Enlranceslexl(s,':"2footctll1dles (20 lux). 423.10.81'}'aIlsmlssionline dglit.,of-way. Buildings, play , - -, A23'.lO,.3~'6 :Q-~ildhig'~~tel;~~~'5;_i3-uiJding :~x~t~rkors, per: , " at;eas,_,-H~d, c.o'niluqn ~ise areas sJiall n'ot, '~~, loc~Lted ,within}l 'i,1J}e:~ers,;c, ~l(F~plr~Hlce~ -~1)ay'_o~:il1l1r,l\iiiate~ -!Q the mini-' ,high-~'.oJ~ai~ pclVi.'er trans~l1issibn lincrlg!lt-of-,way, " ':l1~uiti',lll.lll~ber,:of',fo~lcandles, )heasur~d at the surface 423,~,lO.~ ,Scl~r()l s.ne Inaster,,_pl~n'.)~~w'- s~hoois -p~a,n~~d ' \vi~1~:,~.,s,ligg~~i~d-u:llif6,~n,l_it~:- ~_atiQ:_?-f?: ',1',ilS f?llo\,js:. .after _thc__MT~,cti,\~~"date of ll,t~se,--stai1dard,? ,,$113!1 i-iic1~de, _as' 423.10:3.'6.1 Entrances"-5 foot~ancJles (SO 1m), applicable: facility 0esign capacity; iloodp]ain l"calioI18; . ':,~:' ',-->~ ->,"-' -; - ,,-,-~---->,; :"_:__:":_ ,,-,-. '~"__'-;' - - '" _ ~ c_ ,-_'-_ ' ' cClvcred acce:-..;sibJe \I\'alks;_infr~str~ctu\'e:locationsfor,- and .' ',' ?,4~r19,.3':~,,:2~l~ijd~n:g:s~F:',Ol~n-'1~?i.-i~9t9-~:dle (~Olux)"', c;lcnsi'oflS oJ, 't,~qhno)ogy; t91eph9ne'~:~1~ct~'j:citYI fll:e alaj'm; :,. '.423.10.3.7 ShIelci,iIl,~,':gx,~crio~'lighting s]mll be shlClded and, - wbere,,_ appli~able, water '-and sewer ytiliti,es~'- '~I1~ :fJ:9111"8djac~liCpf6p'er(ie,s:-: ' . '.'" , relocatable.s.' " , .' ,> ".':' "., - - -- ',::- - ,:_- ,"', '" -,-, ' ,'- -' - ~ -- - -- .. '- ' , " ' - ' " 413.i0.4Buildidg'setj,~ei<s: Building ;clbacb from the 423.11 W~~d' fi'''''-I'eial'dant treated ,.ood (FliT\V). rlUW I?:,rop.,erty line~ ~,lTlc1:udinK reloce-ta~:H~sl, shall, a,t a minimum! ~ha~l.' nSl~ ,__b~. u;_~d_ in peU~1'all,ent' educational,. facilities, ,-Onl,!l 4.66 FLORIDA BUilDING CODE - BUILDING', , Aoenda Item No, 7C ~ July 24, 2007 Page 19 of 36 RESOLUTION 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY'S PETiTiON NUMBER VA-2007-AR-11500. REQUESTING A HEIGHT VARIANCE FROM THE MAXIMUM HEIGHT OF 35 FEET TO 45 FEET FOR A NEW HIm-I SCHOOL TO BE KNOWN AS THE LORENZO WALKER TECHNICAL HIGI-! SCHOOL, LOCATED AT 3710 ESTEY AVE, NAPLES, FLORIDA, EAST OF AIRPORT-PULLING ROAD. WHEREAS, the Legislature of the State of Florida in C~upter 125, Florida Stat"les, has conferred on all counties in Florida the power to estublish~ coordinate and enforce zoning aud such business n~gulations as are necessary for tl.1e protection or tile public; and WHEREAS, the County pursuant thereto ~as adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning ofparticulur geographic divisions of the County, among which is the granting ufvariancefi; and WHEREAS, Petitioner, tbe District School Board of CaUier County, wishes to construct a new high school to be known as the Lorenzo Walker Technical High School with a 45-[00t height all u parcel located at 3710 Estey Avellue, Naples Florida, east of Airport-Pulling Road; and WHEREAS, pursuant to LDC ~4.02.01, without I:l variance Petitioner is limited to a building height of35 [cet~ as this parcel is located in an RMF-6 zoning district; and WHEREAS, Petitioner has reqnested in Petition V A-2007-AR-l I 500 t~nt this Board grant it a variance allowing for a ten. foot increased building height of 45 feet. from the currcntiy permitted 35-foot zoning height restriction; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due no lice made, and has considered the Huv~::;abilily of granting these variances; and \VHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made conceming all appticable matters required by the Land Development Code; 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, FLORIDA, that wilh respect to t~e property localed at 3710 Estey Avenue, Naples Florida, the Buard hereby grants Petitioner a variance fi'Oln LDC S4,Q2,Ol, subject to the conditions set forth in Exhibit "B.H find approves a building height limitation of 45- Page 1 of2 Agenda Ilem ~<O, 7e July 24. 2007 Page 20 of 36 feet for the new high school to be Imown as the Lorenzo Walker Technical High School, as Souch proposed high school is depicted on the plot piau attached as Ex.hibit A, as requested in Petition VA-2007-AR-11500, filed on behalf of Ihe District School Board of Collier County by TKW Consulting Engineers, Inc. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2007-AR-I 1500 be recorded in the minutes of this Board, Tllis Resolution adopted after motion, second and majority vote. DOllcthis _dayof_ ,2007, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk 13y: __ JAMES COLETTA, CHAIRMAN Page2of2 , t1i ...x, ,..;' :> Agenda Item No, 7C July 24.2007 Page 21 of 36 M~nr- . F:::'~-~J J ~,~~r'- -\ 1 J!~ f,,1\l1 , J I:] -11 ;'IIJ" ,I . . ::--~=-~-C-'-l ~~ 'i ,I 11,,01 [' Ii J l . : : I ! --I ;' i' I "~ -=:J : !: i I i~!" '.,'~ -=-n-- I,ll I [-.- J n.. I~'~j_._ i I .------r=-.--.~__=_ l-' '_;f._....-.~-' ~y~.~;~~.:~~~.:_'- -~~'-'),-~W4~~~~li,~~~i1~~.~~\\,i:": j ii i--' S;>~l II (,,"1 : :,'..~i"'lI.~~-).r'di L','~'" ~ 1: i :~ ,;:- I ~~\~\~.~ ~:',~~~~W~%~~\~~ ///(1':) f: " I: II 0~n~'1 -:: '~~''-\:''~~''-' '''''''~ \: . _'0"_,_, .,. )// s;: ;1' ii I ,,)'~ ;!ii-, III -'rrrn:: ~ ._um .-.u-:2\'-!' Ill]; __ ~-:l- ~". 'F-c\.lF' r ',,~," :r~~"K~//"~.<'~~" '!'IT,,j,:I',f r 4 ~~ 11-- II * ~ ':';,- 'H -= '''' - ','- 4/!;' l- " .:,' "" '" \' .~ :r ,0 l~ ~ ~~ ''<\ n il ;,ofj I- i I 11 .".--\ f-- _.,.1 I ',.' W f !! 1'- ,1_. 106 -41, l t'-~lC-= -j 3 1 ii \ -I~ .~.l=J{'," t,-.., II ~~,r~ .':,:,-= It,,: 0 ~ ..,)11 L_ I' -'~'- '.' 1[", I "" J j / / ~ i i""" II II c' / : I " J __" .___ MWREMOIW .-' ; I I II I \ 1--- II __11__ I" ~_ ~ , II .. , 1---"- ~'11_8 __JL- \'l---. ,-' i""" --- ',II ',,:,_.~ ,...n.., I" I' I " :.i 1/_"'lle 11-"'''-0' 1/ /.. ", \'\ I !: ir-' t: =L- $':1 ,../ ...--"'\,"" \I~l~ I ' " I: r!t: - II j'~", /' \ \ ,1\ ! i.:::::::i):I, ) ~! : _' ~ " . ;("1,/ ! \: I 1;1 I. r --", Q i - 0 --.",". . 'l : " 11/", I V"l . ,"",,~~...,..:j;..~_.....~.............,.- ,_ ._' ~ , , '~-:~_:':'~~_:k:':':: ::-:~~:-~:__.-~.-~_l....:_.:. ::: ::: .::::: :::: ::::: :::: :~:~~.:.:i~ .~:.::.-_..._"",LJ JI' 1___: _ ---"!.=n..______..... nm_ II ~~_===~=.~=~'nn_ -.-.-.-.. i i J~ i I ~ . ~ I , l i .. )>- '" VI I 'tf~~ 9~ , ;:l"1;:rt 00 ... I "'~o ZO 0 "'-... o~ -~~ i 0 1" _..~..._->---- i! II ({J.~;~!~ i'" ,\"=,,~ ~ '._~' a II UIl i! ~ Ill!l fl~ I in. I . ., . I ; '. ..""..h_JII. II! I ':.J l' pni AI i... l~ih en !hl "II il' ;11 I ! ~~~ - ~ 2 0 q . ~ Agenda Item No, 7C July 24. 2007 Page 22 of 36 CONDITIONS OF APPROVAL V A-2007-AR-U500 1. The Variance is limited to a 10-foot height increase for a three-story high school facility as depicted in the applicant's conceptual site plan, entitled "Architectural Site Plan Phase I," prepared by Rcynolds, Smith and Hills, Inc., dated March 30, 2007. 2. Irrespective of that depicted on the conceptual site plan, the high school building shall be oriented lengthwise from north to south, and shall be set back from Estey Avenue at a distance of approximately 80 feet, in order to align with the existing setback of the adjacent school building fronting Estey A venue. If the Board of County Commissioners approves a setback less than 80 feet, or if additional storm water management area is determined necessary at the time of the Site Development Plan and the number of parking spaces must be reduced, the applicant has agreed to provide 24 canopy trees and 10 palm trees, whose height shall be determined by thc County's landscape architect at the timc of site plan approval, in addition to those plantings required by the Type D buffer, to soften the height of the three-story building [rom view of the single-family rcsidences on Estcy Avenue, Exhibit B ? COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No, 7C July 24,2007 Page 23 of 36 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 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 APPLICANT(S) District School Board of Collier County, Florida ADDRESS 5775 Osceola Trail CITY Naoles STATE Florida ZIP 34109 TELEPHONE # 239-377-0267 CELL # FAX # 239-377-0231 E-MAIL ADDRESS EastmaTh{a>collier.k12.fl.us A TTN: Thomas G. Eastman, Director Real Property & Asset Management District School Board of Collier County Florida 5775 Osceola Trail Naples, Florida 34109 NAME OF AGENT TKW CONSULTING ENGINEERS INC. ADDRESS 5621 BANNER DR CITY FT, MYERS STATE Lb... ZIP 33912 TELEPHONE # 239-278-1992 CELL # 239-253-4999 FAX # 239-278-0922 E-MAIL ADDRESS: Donald,Murray{a>tkwonline.com A TTN, Donald J. Murray, AICP BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Variance Application rev. 12/23/04 Page 1 of 10 Agenda Item No, 7C July 24. 2007 Page 24 of 36 ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION, MAILING ADDRESS CITY ST A TE 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 I PROPERTY DESCRIPTION Legal Description of Subject Property: Section/Township/Ronge _1 & 12_1_505 1_25s_ Property I.D.#: Subdivision:_Naples Grove and Truck Company Little farms No.2 Block: Metes & Bounds Description: please see attached Exhibit F Unit Lot: Acreage 25,60 more or less (total area for L WIT campus) Address of Subject Property (If different from Petitioner's address): 3710 Estev Ave. Naples. Florida Variance Application rev. 12/23104 Page 2 of 10 T P,genda Item No. 7C July 24, 2007 Page 25 of 36 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6 S C-4 AND C-5 E RFM-6 AND PUD WC-5 RESIDENTAIL MULTIFAMILY GENERAL COMMERCIAL AND HEAVY COMMERCIAL RESIDENTAIL MULTIFAMILY HEAVY COMMERCIAL Minimum Yard Reauirements for Subiect Procertv: Front: 50 FT 30 FT Carner Lot: Waterfront Lot: Yes 0 Yes 0 No ~ No ~ Side: Rear: 50 FT 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 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (5) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For projects authorized under LOC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. The Collier County School Board reauests a heiaht variance from a permitted heiaht of 35 feet to a heiaht of 45 feet for a new hiah school. The Collier County LDC permits a heiaht of 35 feet in the RMF-6 zonina district and the reauested additional 1 O-foot-heiaht will allow the construction of a new 3-story hiah school known as the Lorenzo Walker Technical Hioh School located on Estey Ave iust east of Airport-Pullina Road. Once completed the LWT Hiah School will have about 60,000 aross sauare feet of floor area. Attached site plans and aerials show the new school location and the surroundina properties (see attachments). One attachment indicates the distances from the hiah school to the surroundina properties. This provides a aood indication that the new hiah school buildina will cause minimal or no impact to surroundina orooerties. The new hiah school will be oriented lenathwise from north to south which is expected to minimize the view of the buildina from Estey Avenue and any potential intrusiveness of the structure. Additional proposed landscapina. mostly laraer trees. will be placed around the north side of the hiah school and the east of the campus in order to help screen views and soften lines of the buildina. The Lorenzo Walker campus contains existina structures which have also influenced the desian, placement and orientation of the hiah school buildina and other planned facilities. The existina buildinas were constructed in the 1970s throuah 1 990s and some will be remodeled and expanded for the proposed educational proarams which are needed in this area. The attached site plan shows the relationship of the existina buildinas to the proposed new hiah school. The campus plan will place the hiah school for easy access from Estey Avenue and to planned and existina buildinas on campus. The placement of the hiah school will allow diffusion of vehicular traffic and parkina on campus and will result in fewer traffic imoacts. Variance Application rev. 12/23/04 Page 3 of 10 Agenda Item No. 7C July 24.2007 TKW has included copies of site plans and aerials with this application and which show the re1":l1l!>tl,'hiu 36 of on-site structures and uses with those off site. Photos are also attached which show the qeneral characteristics of the site and the surroundina uses and views. and the condition of surroundina orooerties in relation to the new hiah school. RS&H. Inc. will orovide 3D renderinas Drior to hearina which will aive an enhanced perspective to the proiect. Additionally, the School District of Collier County will provide additional information discussina the planned proarams for the new hiah school and the LWIT campus. 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.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. The School District intends to construct the Lorenzo Walker Technical Hiah School to orovide needed community proarams and trainina, and other community services on site. The Darcel is space constrained because of existina buildinas located in the west and central area of the camDUS and the needed parkina spaces for those proarams on the west side of the campus. We oropose to place the new hiqh school near the existinq buildinqs where porkina is currently located. Such placement will allow the best option for rev is in a the parkina plan and to maintain adequate parkina on site for the hiah school and existina facilities. This will also allow removal of some of the existina portable classrooms already on site. The campus is also located adiacent to existine development. includina institutional and commercial uses. which makes it difficult to acauire additional land for the fqcilities. Therefore. Iimitina the hiah school to two floors will ereatly reduce the number of available parkinq spaces on site and unnecessarily increase the horizontal bulk of the buildina on site. This is obvious when lookina at the attached plans and aerial. The educational proarams that will be offered at the new hiah school are specifically desianed to address community educational. traininq. and labor needs in the area. In order for the School District to provide these necessary resources and educational trainina proarams and services to the communitv, one of the buildinqs must include a third storv makina a buildina heiaht of 45 feet necessary to fully accommodate all of the School District proarams planned for the new hiah school. The additional heiaht is the minimum needed to accommodate the third story. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre~existing conditions relative to the property which is the subject of the variance request. Yes. the ore-existina buildinas and their locations. and the need to maintain adequate parkina. reauires that the new hiah school be placed as compactly as possible and as near to the existina buildinas as feasible. The nature of the school proarams also reauire that the hiah school be placed at this site. which is the loaical choice. A third story allows the hiah school to meet all of its proaram needs in this area which has aood access and will be within an existina educational campus. Most of the buildinas on site were also built prior to the Schoollnterlocal Aareement and meetina all of the County's requirements make it difficult and. therefore. warrants that some variance and Variance Application rev, 12/23/04 Page4 of 10 , . b d h S hiD' ., d . I f 'I" d h h' Aoend,a Item No.. 7C exceotlons e use to meet tee 00 Istrlct s e ucatlona aCI ltles nee 5 w en t e lm~:ract IS!,rmLn1:'110t007 as in this case. While it is not impossible to locate the hiah school elsewhere, it would not be ';;;cietll:abf 36 or cost effective to do so. Location of the facility at the LWIT campus will also save tax dollars and allow the construction of the school in a cost effective manner. The campus is also located adiacent to existina development. includina institutional, commercial and residential uses, which makes it difficult to acauire additional land for the facilities. Therefore, exoansion of the parcel is not possible without reducina oarkina spaces on site to an unacceptable number. This is obvious when lookina at the attached plans and aerial. 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. Yes. the current zonina code restricts buildina heiahts to 35 feet in the RMF-6 district, The School District and the community at larae will endure a hardship if relief is not aranted from the heiaht restriction because fewer educational/trainina proarams and seatina capacity will be offered and fewer residents and businesses will benefit from these services and proarams. Therefore. the variance should be aranted to avoid the unnecessary and undue hardship of not orovidina necessary educational proarams that would result if the buildina is not allowed to be constructed with three stories 145 feet hiah). As stated in #2. above. most of the buildinas on site were also built prior to the School Interlocal Aareement and meetina all of the County's reauirements make it difficuit. This would, therefore, warrant that some variances and exceptions be used to meet the School District's educational facilities needs when the impact is minimal and loaical to do as in this case. While it is not impossible to locate the hiah school elsewhere, it would not be practical or cost effective to do so; therefore. relief as proposed under this variance is minimal and is warranted because of the uniqueness of the use and the community benefits from the proposed proarams. 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 af health, safety or welfare. Yes, the reauested variance is to ao only one story beyond what is allowed by code. The third floor of the buildina will allow the School District to more fully utilize its land resources and. more importantly, allow the School District to provide a areater amount of school proarammina which provides a public service that promotes and is not contrary to the community aenero! welfare. The extra third story li.e. the third floor to the buildinal is the minimum variance that can be aranted because two stories are already permitted by the current zonina overlay, By oermittina this variance the parkina, setbacks, and other standards can be met and the overall appearance of the LWIT campus will be better. 5. Will granting the variance requested confer on the petitianer any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No, the School District will not receive anv special privileae that has been denied to others who are similarly situated or oroposina similar uses or build in as within this zonina district. There are other buildinas in the area that appear to have heiaht. such as the Store Away self-storaae facility located to the southwest on Airport Pullina Road ladiacent to the southwest corner of the LWIT campus and within a commercial district), but none of these are part of a lamer site such as the LWIT campus. The loraer L WIT campus will allow additional bufferina between the new hiah school buildina and surroundina uses. and set backs will be exceeded. Additionally. the desian of the hiah school will orient the buildina to minimize views and to blend the buildina into the rest of the campus.. Variance Application rev, 12/23/04 Page 5 of 10 Agenda Item No. 7e July 24, 2007 Page 28 of 36 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. Yes. arantina the variance will be in harmony with the intent and purpose of this zonina code because it will enhance the immediate neiahborhood and promote the public welfare, The buildina will be setback 50 feet from the property boundary which will minimize any neaative impact associated with the additional heiaht. The architectural features of the buildina, placement of the buildina near the existina L WIT build in as. and orientation of the buildina will create a campus effect which will not be overbearina. out of place. or detrimental to the surroundina residents. The north to south orientation of the hiah school buildina will lessen the visual impact of the additional third story by minimizina the view from the closest properties to the north. Plantinas of additional laraer trees and veaetation will minimize views and soften lines of the buildina, and the close placement of the new hiah school to the existina campus buildinas on its west side will limit any view of the hiah school from the west. Views from the south and east will also be minimized because of existina structures. veaetative buffers. and distance between the uses (see exhibits and photoaraphsl. The desian of the buildina and the site will allow some blendina into the site. Finally. the primary purpose of the buildina and the campus to provide adult educational and trainina proarams will benefit the community and promote the public welfare. 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. Yes. the Schooi District will use tall trees and veaetation in the landscape desian to offset and soften the additional heiaht of the buildina. The strateaic placement of the buildina to minimize the frontaae on Estey Avenue reduces a bulky appearance alona the avenue. The buildina setbacks to the east. south. and west would be exceeded and will provide more space \ distance between the hiah school and off-site structures, and most or all of the portable classrooms will be eliminated. Additionally, the existina buildinas and veaetation on site will minimize or eliminate any views from the south and west. The overall appearance of the campus will also improve the neiahborhood as a result. Please see attached photos of surroundina views and site characteristics. 8. Will granting the variance be consistent with the growth management plan. Yes, arantina the variance is consistent with the County's Growth Manaaement Plan because the additional use provided by the third floor will be in a bulldlna that Is located in an urban area on an existina educational campus. This site has a lona history of orovidina public education to the community. The approval of the variance will allow the School District to provide more educational proarams and serve more community members in an updated modern buildina and campus. The proposed heiaht variance does not adversely affect the use of the subiect propertv or surroundina properties. The variance is not inconsistent with Future land Use Element Policy 5.14. public educational plants and ancillary facilities. and other policies of the Collier County Growth Manaaement Plan. Additionally. the new hiah school could be viewed as an intill use at the L WIT campus which also benefits the community in reduced costs. The proposed hiah school educational proarams will also provide technical skills trainina to 0 future Jabor force. which provides on economic benefit to the community. In essence. arantina the variance enables the School District to meet the arowinq demand for educational proarams in this area and. Valiance Application rev. 12,'23/04 P<lge 6 of 10 . thereb furthers the oals and intent of the Growth Mana ement Plan b welfare of the community. romot',n thA~q"linedaa tern No. 7C ~ II, a , 2007 Page 29 of 36 BE ADVISED THAT SECTION 10.03.05.B.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. V ARIANCE PETITION (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED, #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Completed Application (download from web site for current form) 15 Pre-Application meeting notes 15 Completed Addressing Checklistj Signed by Addressing Department 1 Conceptual Site Plan 24" x 36" and one 8 V2 " x 11" copy 15 Survey of property showing the encroachment (measured in feet) 1 Owner/Agent Affidavit signed & notarized 1 Deeds/Legal's 2 location map 1 Variance Application rev. 12/23/04 Page 7 of 10 , ~-, ". , '- -.,..... Aerial Photograph (taken within the previous 12 months) 5 '" ~~ ~" '?n'n~ 1,,,,, 0 Electronic copy of all documents and plans (CDROM or Diskette) 1 Paoe 30 of 36 Historical Surveyor waiver request I Environmental Impact Statement (EfS) and digital/electronic copy of EIS or exemption justification 3 FEE5: 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 DAfter- The-Foct Zoning/Land Use Petitions 2x the normal petition fee D $760.00 Estimated Legal Advertising fee - cepc 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, o o o Agent/OW1ler Signature Date Variance Application rev. 12/23/04 Page 8 of 10 , ~ \U Agenda Item 1'<0. 7C July 24,2007 Page 31 of 36 AFFIDAVIT We/I, being first duly sworn, depose and say that well om/are the owners of the property described herein and which ;s the subject matter of the proposed hearing; that 01/ 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 trve to the best of our know/edge and belief. Well understond that the information requested on this application must be complete and accurate and thot 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 Well further authorize in any matters regarding this Petition. to act as our I my representative Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~__ day of who is personally known to me or has produced , 20_, by as identification. (Signature of Notary Public - State of Florida) State of Florida County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) Valiance Application rev. 12/23/04 Page90f10 Agenda !tem No. 7C July 24, 2007 Page 32 of 36 Please complete the following AND FAX (239-659-5724) OR SUBMIT IN PERSON TO THE ADDRESSLIVG SECTION. FORM MUST BE SIGNED BYADDRESSLIVG PERSONNEL PRIOR TO PRE-APPLICATION MEETI1VG. Not all items will apply to every project. hems in bold type are required. ADDRESSING CHECKLIST LEGAL DESCRIPTION oi subject property or properties (copy of lengthy desaiption may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or allociote with, legal desaiption if more than one) STREET ADDRESS OR ADDRESSES (as oppfirobfe, if already assigned) LOCATION MAP, showing exoct location 01 project/site in relatIOn to nearest public rood tlght.ol.woy (ottarh) COPY Of SURVEY (NEEDED ONLY FOR UNPLATTED PROPERTIES) PROPOSED PROJECT NAME (if oppliroble) PRD POSED STREET NAMES (if applicable) Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY), SDP or AR- Petition Type-(Complele 0 separate Addressing Checklist lor each Petition Type} DSDP (SlIe Development Pion) 0 PPl (Pions & PIol ReYlew) o SDPA (SOP Amendment) 0 PSP (Preliminary SubdiVISion Plol) DSDPI(SDPlnsubstantioIChonge) 0 FP(FinoIPlol} o SIP (Site Improvemenl Plan) 0 llA (lolllOe Adluslment) DSIPI(SIPllnsubslonlloIChonge} 0 Bl(BlostingPermll} o SNR (Slreet Nome Chonge) 0 ROW (Rlght.ol.Woy Permil) o Vegetation/Exotic (Veg. Removal Permits) D EXP (Excovation Permit) o VRSfP (Veg. Removol & Slle fill Permil) 0 TOR (Tronsler 01 Developmenl Rlghls) o LondUse Petition (Variance, ConditionaiUse, Boat Dock Ext.,R€zone, PUD rezone,etc.) DOlher-Describe: Project or development names proposed for, or olreody oppeoring in, condominium documents (if opplicoblei indicote whether proposed or existing) Please Check One, 0 Checklist is to be Foxed Bock o Personally Picked Up Applicant Name Phone _Fax Signature on Addressing Checklist does not constitute Proiect and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ON! Y Primary Number Address Number Address Number Address Number Approved by Date Variance Application rev. ]2/23/04 Page]O of lO , Agenda Item No. 7C July 24, 2007 Page 33 of 36 RESOLUTION 07. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY'S PETlTlON NUMBER VA-2007-AR-11500, REQUESTING A HEIGHT VARIANCE FROM THE MAXIMUM HEIGHT OF 35 FEET TO 45 fEET FOR A NEW HIGH SCHOOL TO DE KNOWN AS THE LORENZO WALKER TECHNICAL HIGH SCHOOL, LOCATED AT 3710 ESTEY AVE, NAPLES, FLORIDA, EAST OF A1RI'ORT-PULLINO ROAD. WHEREAS, the Legislature of the Stale 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 arc nccc~st\ry for the protection of tbe public; und WHEREASj the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic:. divisions of the County, among which is the granting ofvariflllccs; and WHEREAS, Petitioner, the District School Board of Collier County, wishes to cOBsLrucl a new high school to be known as the Lorenzo Walker Tec..:hll1call-Jigh School \vilh a 45~foot height on a parcel located Elt 3710 Estey Avenue~ Naples Florida, east of Airport-PuHing Road; and WHEREAS, pursuant to LDC S4.02.Ol, without a vari(1l1ce Petitioner is limited to a building height of35 feet, as this parcel is located in an RMF-6 zoning district; and WHEREAS, Pelitioner has requested in Pelltion VA-2007-AR-11500 that thts Board grant it a variance allowing for a ten-foot increased buildi.ng height of 45 feet from the cLI1'l'ently permitted 35-foot zoning height restriction; and WHEREASl the Board of Zoning Appeals has held a public hearing wilh due notice made, und has considered the advisabiHty of granting these variance~; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and ammgement have been made concerning all applicable matters required by the Land Development Code; and \VHEREAS, all interested parlies have been given npportunity to be heard by this Board in pubHc meeting assclnblcd ftnd the Board having considered all mtlllers presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, tbat with respect to the property loeoted at 3710 Esley Avenue, Naples Florida, the Board hereby grants Petitioner a variance from LDC S4.02.01, subject to the conditions set forth in Exhibit "8," and approves a building height limitation of 45- Page 1 of2 Agenda Item No. 7C July 24, 2007 Page 34 of 36 feet for tbe new high school Lo be known as the Lorenzo Walker Technical High School, as such proposed high schoot is depicted all the plot plan attached as Exhibit A, as requested in Petition VA-2007-AR-11500, filed on behalf of the District School Board or Collier County by TKW Consulting Engineers, Inc. BE IT FURTHER RESOLVED that tillS Resolulion relating to Petition Number VA-2007-AR-1l500 be recorded in tile minutes of tillS Board. This Resolution adopted after motion, second and majority vole. Done this day of . __, 2007. ArmST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: _'___ JAMES COLETTA, CHAIRMAN AJ proved as to form aI i le .' ncy: Jet ey A. K tzkow M aging 'istant County Attorney Page2of2 . ur--<o r--Oo? 0_ ciN 0 Z~I.O -~(") '" . 0) .co C\) -:>a.. U C '" 0) <l: fi i lll' ~ 8 , II lflal! I ,,~~ ill!ll 1 lll! I ! 2 ~ E '11Il I J 1 f ill ~ ~ .t ~ 0 ! ,!! I Iii! I ,~ I' .'1 ! >i' l. ill QDli I n~ : I I I , : I --1i [ i , I, d:J1! , :"':.."" , .. _../ ,-__E_n._. "q ----.--.-.,,------. k ' ----.-.--, . ---- '--.--.... I ~ BDJ' J r~---'- - ----------..---=;~ /::.:~.7.. ..=~~\, ~-~ 1 ~ [ i~ 1"~"l\i1: 1 - a (Ilnll-! ' - ! I , \ .' , I , I , I , I , I i i __J i ______---.-:___ ,,~_.~w_~ i ____~__~_____~______.J T~'::.# ~.-~.- ------"--- , l,_._.,.' Exhibit A l . , i: 8 I 3 I j I <- o ;;; - :;;r Oil P A N N o 00 o to "'0 -<- _0<- ~' 00 N- O 1 ~ t2 <-u.-. g~Oil ~Ot-l ~;:.::<t, :>~A ,L,genda Item f'Jo. 7e July 24, 2007 Page 36 of 36 CONDITIONS OF APPROVAL V A-2007-AR-1l500 1. The Variance is limited to a 10-foot height increase for a tlu'cc-story high school facility as depicted in the applicant's conceptual site plan, entitled "Architectural Site Plan Phase 1," prepared by Reynolds, Smith and Hills, InG., dated March 30, 2007. 2. 1l1'espectivc of that depicted on the conceptual site plan, the high school building shall be oriented lengthwise from north to south, and shall be set back from Estey A venue at a distance of approximately 80 feet, in order to align with the existing setback of the adjacent school building fronting Estey Avenue. If the Board of County Commissioners approves a setback less than 80 feet, or if additional stonnwater management al'ea is determined necessary at the time of the Site Development Plan and the number of parking spaces must be reduced, the applicant has agl'ecd to provide 24 canopy trees and J 0 palm tl'ees, whose height shall be detel1nined by the County's landscape architect at the time of site plan approval, in addition to those plantings required by the Type D buffer, to soften the height of the thl'ee-story building from view of the single-family residences on Estey A venue. Exhibit B . Agenda Item No. 7D July 24, 2007 Page 1 of 269 EXECUTIVE SUMMARY CU-200S-AR-8046 - Oliva Mulching and Recycling Facility: Jaime and Demarys Oliva, represented by Coastal Engineering Consultants, Inc., requesting a conditional use for a horticulture recycling and mulching facility in the "A-MHO" Agricultural with Mobile Home Overlay zoning district pursuant to LDC Section 2.03.08.A.3.a(3)(g) which allows facilities for the collection, transfer, processing, and reduction of solid waste in the Rural Fringe Mixed-Use District, Neutral Lands area, consistent with the Future Land Use Element of the Growth Management Plan. The subject property, consisting of 10.0401: acres, is located three-quarters of a mile east of Immokalee Road (CR 846) at 1340 Wild Turkey Drive, in Section 26, Township 47 South, Range 27 East, Collier County, 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. CONSIDERATIONS: The petitioner seeks a Conditional Use to pennit a mulching facility in the Rural Agricultural- Mobile Home Overlay (A-MHO) zoning district. The subject site is located in the Rural Fringe Mixed Use District, Neutral Lands as designated on the Future Land Use Map of the Future Land Use Element of the Growth Management Plan (GMP). The GMP allows "facilities for the collection, transfer, processing, and reduction of solid waste" which includes horticultural mulching and recycling. Section 2.03,08A3.a(3)(g) of the Land Development Code (LDC) implements this allowable use through the Conditional Use process, The subject property is 10.0401: acres located approximately three-quarters of a mile east of lmmokalee Road (CR 846) on Wild Turkey Drive. The site is adjacent to vacant properties on the east and north. The applicant owns the property west of the site on which there is a mobile home. The property south of the subject site is an operational sod farm that is a portion of the Jones Mining site. This earth mining operation was recently approved to allow blasting for rock excavation. There is an application under review by staff to expand the mine. Although this application has not proceeded to the public hearing stage, it is possible that the earth mine could expand toward the subject propeliy should the petition be approved. The larger surrounding area is home to several Conditional Uses, including three earth mining operations east and south of the site. The mulching operation entails bringing vegetation that has been cleared from construction sites to the site for processing. A tub grinder chops the material into mulch which is spread to dry before being removed from the site. The conceptual site plan designates areas for an office Page 1 of 3 Agenda Item No. 70 July 24, 2007 Page 2 of 269 trailer, grinding, spreading the mulch, water management and preserves. As more comprehensively described in the attached staff report, staff has recommended that, should the Conditional Use be approved, the applicant be required to provide a six-foot high wall atop an eight-foot berm around the processing area for noise attenuation. Surrounding property owners complained that noise could be heard from the subject site that sounded like mulching equipment. Although the property owner did commence operations prior to obtaining Conditional Use approval, the applicant has demonstrated to Code Enforcement staff during a site visit that while no machinery was running on his property there was noise from the south that sounded as though it were from his land. Staff feels that with proper buffering, including the recommended wall and landscape buffers, that noise impacts could be reduced. It is anticipated that impact from glare, odor and economic effects will be limited. The petition is consistent with the Land Development Code. The applicant has adequate ingress and egress to the site, as required. The agricultural district contains a mixture of uses, including several similar or more intense than this one. Therefore, the petition may be deemed compatible with the surrounding area. FISCAL IMPACT: This Conditional Use will have no fiscal impact on Collier County. However, further development of the property will result in future fiscal impact on County public facilities. The County collects impact fees pJior to the issuance of building permits to help offset the impacts of cach new development. Please note that the inclusion of this information is for informational purposes only and is not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT CONSISTENCY: Future Land Use Element: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Future Land Use Element of the Collier County Growth Management Plan. The subject property is designated Neutral Lands/Rural Fringe Mixed-Use District (RFMUD), as identified on the Future Land Use Map of the Growth Management Plan. The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMUD allows for facilities for the collection, transfer, processing and reduction of solid waste on Neutral Lands, including horticultural mulching and recycling centers. Transportation Element: The Transportation Services Division has reviewed this petition and has determined that the site generated trips are consistent with policies 5.1 and 5.2 of the Transportation Element of the GMP. The applicant owns five trucks, each of which is anticipated to account for six total trips a day. A conservative estimate of the traffic generated by the proposed use is 44 total trips. A reduction in the level of service is not anticipated. Page 2 of 3 Aoenda Item No. 70 ~ July 24, 2007 Page 3 of 269 Conservation and Coastal Management Element: The project as proposed is found to be consistent with the Policies and Objectives of the Conservation and Coastal Management Element. Since the subject property is less than 20,000 acres, a minimum of 60 percent of the native vegetation (not to exceed 25 percent of the total site) will be preserved. The subject property is located within the panther secondary merit area and near primary merit area. The applicant will be required to address mitigation for potential impacts to habitat at the time of Site Development Plan review. The applicant is providing a total of 2.54 acrcs for Preserve, including 0.46 acres of existing native vegetation and 2,08 acres of re-created preserve to replace areas cleared illegally, In accordance with the GMP and LDC, the minimum acreage will be provided in the largest contiguous area. There are no known off-site preserves and therefore there are no connectivity Issues. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because no Environmental Impact Statement was required for this project due to the size and nature of the site, COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the June 15, 2006 CCPC meeting. The Commission motioned to forward petition CU-2005-AR-8046 to the Board of Zoning Appeals (BZA) with a recommendation of denial, The motion passed 7-0. Commission members considered testimony from members of the public who were concerned that the proposed operation would generate too much noise and dust. They also expressed concern over the business practices of the applicant. It should be noted that several surrounding and nearby property owners attended the CCPC meeting in opposition to the proposed mulching facility, Their primary concerns were potential noise impacts, disregard of rules by the applicant, traffic and hours of operation. Based on the Planning Commission recommendation of denial and opposition from members of the public, this item will be placed on the regular agenda. RECOMMENDATION: Staff has recommended approval subject to the conditions attached to the Resolution, which seek to mitigate potential negative impacts to the surrounding area. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Executive summary/CU-2005-AR-8046 Page 3 of 3 Agenda Item No. 70 July 24, 2007 Page 4 of 269 SUPPLEMENT AL EXECUTIVE SUMMARY CU-2005-AR-8046 Jaime and Demarys Oliva, represented by Robert N. Pelier of Blanco & Pelier, P.A., requesting a conditional use, Pursuant to Land Development Code Sections 2.04.03 and 2.03.08.A.3, in the Rural Agriculture-Mobile Home Overlay (A-MHO) zoning district, for "facilities for the collection, transfer, processing, and reduction of solid waste." The applicant proposes to use the site for a horticultural mulching and recycling facility with limited hours of operation. The subject property, consisting of 10.04 acres, is located at 1340 Wild Turkey Drive, east of Immokalee Road, in Section 26, Township 47 South, Range 27 East, Collier County, Florida. PROJECT STATUS: This petition was originally scheduled to be heard by the Board of County Commissioners (BCC) on July 25, 2006 and then continued to September 12, 2006, The September 12, 2006 hearing was continued indefinitely at the request of the petitioner. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. The agent's reason for the September ]2, 2006 continuance request was stated as: "We have been unable to coordinate and meet with the Corkscrew Island Neighborhood Association (CINA) so we can work out the conditions for approval, We are still working with the adjacent property owners and need additional time to finalize all conditions," On November 16, 2006, the County received a letter from the agent of record, Coastal Engineeling Consultants, Inc. stating the company would no longer represent the petitioners. On January 23, 2007, the County received notice that a new agent, Robert N. Pelier, would be representing the petitioners. On April 3, 2007, Mr. Pelier provided additional information to staff in the form of cOlTespondence that include e-mail messages, letters and faxes between the petitioners' representatives and the CINA that began on June 26, 2006 and ended on October 6, 2006. Most items are from the petitioners' representative to the CINA; it appears that some cOlTespondence from the CINA to the petitioners' agents is not included. Staff, therefore is unable to follow the entire discussion. Also included is a copy of a petition in support of the petition (with limitations). There are no dates with the signatures on the petition, but the fax transmitting the copy of the petition was sent to the CINA on July 17,2006. SUPPLEMENTAL ANALYSIS: The petitioners' agent submitted two letters to staff, dated June 16, and June 18,2007, Also included in the infomlation provided from the agent is an unsigned October 5, 2006 letter from Coastal Engineering Consultants, Inc. to the CINA. This letter colTesponds to issues raised by the CINA in an April 4, 2006 letter to Coastal Engineering. Staff has revised the proposed list of conditions to address these issues. Neither letter submitted by the petitioners' agent contains Page 1 of 4 Agenda Item No. 7D July 24, 2007 Page 5 of 269 new information that required additional analysis, thus staff has not conducted any further analysis of the petition, other than updating the conditions, Copies of the aforementioned documents are included in the BCC packet of infonnation for consideration. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable- Workforce housing demands that it may create, LEGAL CONSIDERATIONS: Before the BCC is a recommendation by the Collier County Planning Commission (CepC) for disapproval of a conditional use authorizing a horticulture recycling and mulching facility in an Agricultural with Mobile Home Overlay (A-MHO) zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions, Decisions regarding conditional uses are quasi judicial, and all testimony given must be under oath. The staff report prepared for the CCPC and recommendations of the CCPC are advisory only and are not binding upon the BCe. The Petitioner has the burden of demonstrating that the necessary requirements have been met, and the BCC may question the Petitioner, or staff, to ensure that the necessary criteria has been satisfied, In addition to meeting the necessary criteria, the BCC may place such conditions and safeguards as are deemed appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, the BCC may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the conditional use requiring four affilmative votes of the Board. The CCPC recommended denial of the Petition by a vote of 7-0. Reasons given for the denial included the effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects, and that the proposed use was not compatible with the neighborhood. If the BCC wishes to approve this Petition, then the BCC will need to make 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 by the petitioner and that, further, satisfactory provisions and arrangements have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan. 2. 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 fn'e or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. -JAK Page 2 of 4 Agenda Item No. 70 July 24, 2007 Page 6 of 269 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the June 15, 2006 CCPC meeting. The Commission motioned to forward petition CU-2005-AR-8046 to the Board of Zoning Appeals (BZA) with a recommendation of denial. The motion passed 7-0. Conmlission members considered testimony from members of the public who were concerned that the proposed operation would generate too much noise and dust. They also expressed concern over the business practices of the applicant. Several surrounding and nearby property owners attended the CCPC meeting voicing opposition to the proposed mulching facility. Their primary concerns were potential noise impacts, disregard of rules by the applicant, traffic and hours of operation. STAFF RECOMMENDATION: Staff continues to recommend approval subject to the list of conditions listed below: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Mulching and Horticultural Recycling Conceptual Site Plan 2," prepared by Coastal Engineering Consultants, lnc, dated March 2, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, ofthe Collier County Land Devc10pment Code, Ordinance 04-41, as amended. 3. After-the-fact penalty fees shall be required for all clearing at the time of SDP submittal. 4. Approved wetland lines or exemption shall be required at SDP submittal and SFWMD or DEP wetland permit or Jetter of exemption will be required prior to SDP approval. 5. A replanting plan for the recreated preserve shall be reviewed and approved as part of the SDP. 6. The subject site is within the panther secondary merit area and near the primary merit area. Correspondence from Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) shall be required prior to SDP approval regarding any mitigation for panther impacts. Any required mitigation will be required to be perfOlmed and evidence supplied to the County prior to SDP approval. 7. The project shall obtain an envirornnental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. Page 3 of 4 Agenda Item No. 70 July 24, 2007 Page 7 of 269 8. In addition to landscape buffers required by the Land Development Code, the petitioners shall construct a six-foot high wall atop a two-foot high earthen benn around the mulching and grinder operation, as shown on the conceptual site plan, The wall shall be made of a solid material such as concrete block to aid in noise attenuation. Said wall shall be in place prior to commencement of mulching operations, In the alternative, the petitioners shall provide a 10 foot high earthen benn around the mulching and grinder operation. 9. The petitioners shall ensure that Wild Turkey Drive is not degraded due to the mulching facility traffic. The petitioner shall be responsible for any road improvements, including paving Wild Turkey Drive, apron improvements to Immokalee Road grading of Wild Turkey Drive as may be required by the Transportation Division. Further the petitioners shall coordinate with the Corkscrew Island Neighborhood Association (CINA) to water Wild Turkey Drive to reduce dust generated by trucks. The petitioners shall re-grade Wild Turkey Road as conditions warrant, but in no case shall the re-grading be done less than two times per calendar year. 10. Hours of operation for the mulching facility are limited to 8:00 am to 5:00 pm Monday through Friday and 8:00 am to 12:00 pm on Saturday, excluding any days classified as legal holidays in the Florida Statutes, The grinder use shall be further limited to the hours of 10:00 a.m, to 4 p.m. Monday through Friday only. II. Truck parking shall be limited to those used in the operation of the mulching facility, There shall be a maximum of six dump trucks and IS roll-off dumpsters on-site at any time. The daily maximum number of truck trips is limited to 44 trips. 12, Fuel storage that is accessory to the operation of the mulching facility shall be pennitted, subject to the Land Development Code (LDC) and other applicable regulations, but fuel storage shall not exceed 500 gallons at any time, Fuel storage shall be located at least fifty feet from any property line or preserve area. 13, The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be fifteen (15) feet The petitioners shall coordinate with the CINA to lessen odors and fire threat by rotating and mixing the mulch piles. No particular pile of mulch shall remain on site for more than two weeks. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Page 4 of 4 Item Number: Item Summary: Meeting Date: Ager.d~J Ilen-, No. 70 - July 24, 2007 pnge 8 012'38 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS TO This :tell' was continued 110m the Jul); 25, :<006 BCC meeting and the September 12 2006 BCe meeting This .terTl requires thai all participants be sworn in a",C: ex parle diSClosure be provided by Commission 1l1embers eU-2005-A.R.8046 Jaime and Oemarys Oliva reorese'lted t,y Robert N. pelier of Blanco & Pelier, P..A... is requesting a Gonciiti~lIlal use, Pursuant to Land Development Code Sections 2.04 03 and 2.03.08A:i in ~he Pural Agriculture.Motlile Home Overlay (h.-MHO::- zoning district tDr lacililies lor the collection. transfer.pi0Ce%ingandreduClIonO'SOlldwasteThea:Jpilc.antproposesto use tnE:'sitelor anorllculturallTluictlingandmcyc.iir19lBcility. The subjeGloroperly. cOl1sisting 01 10,04 acres, 1~I(lca\ed at 1340 Wild Turi<.el' Drive, 8aST of inlmoka!ee Road ir' Section 26. TDwnship 47 South Range 27 East Collier County. Florida 7/24120079 00 00 AM Prin"ipalPlanncr Date Prepared By Kay D",selem, AICP Community Development & Envirol1menlatServices Zoning & Land Development Revil'w 6121>12006 5,58:11l PM Approved By Transportation Division Administrator Date Norm E. Feder. AICP TransportallonServices Transpot'tJtionSfJrvicesAdmin. S1261200710:06AM Approved By Date Ray Bellows Community Development & Environmental Services ChiefPlannar Zoning & Land Development Raview 6127.'20073:50 PM Approved By Assistant Counly Attorney DJte JeffKlatzkow County Attorney County Attorney Office 6i281200711:2SAM Approved By Date Nick Casalanguida TransportntionServlces WlPO Dimctor TransportalionPlanning 6iZ8i201J711:J2AM Approved By Zoning 8. Land Development Director Date Susan Murray, Alep Community Development & Environmental Services Zoning 8. Land Development Review 7/3'20079:53 AM ApprovedUy Exec~jtive Secretary Date Marlene Sl<?wart Community Development & EnvironmenlalServices Community Development & Envif'lnlllentalS-crvicesAdmin 7i6f200712:30PM Approved By Joseph K. Schmitt Community DeveiopmE:'nt & EnvironmentaTServic(,s Community Devclopmenl 8. Environmental Services Adminstrator Date Commllllity Development & EnvironmenlalServieesAdmin. 719i20077:32AM Approved By ApplicMionsAnalyst Date OMS Coordinator Administr:ltiveServices InformalionTeehnology 719!200710:29 AM Approved By Budget Analyst Dale Mark Isackson County Manager's Office Office of Management & Budgel 7110/20079:47 AM Date Approved By James V, Mudd Board Of County Commissionen; County Manager County Manager'sOfflee 7110120072:33PM file://C:\AgendaTe~\Export\87-July%2024, %202007\07 .%20BOARD%200F%20Z0NING__. 7/1812007 . . , AG~id~]~~W---- Page 9 of 269 . Co~r County - ,~-- ~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 15,2006 SUBJECT: PETITION CU-2005-AR-8046, OLlV A MULCHING AND RECYCLING F ACILlTY PROPERTY OWNER/AGENT: OWNER: Jaime and Demarys Oliva 110 lung Boulevard Naples, FL 34120 AGENT: Coastal Engineering, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) review a Conditional Use application for a horticulture mulching and recycling facility within the Rural Agricultural-Mobile Home Overlay (A- MHO) zoning district, pursuant to Section 2.04.03, Table 2 and Section 2.03.08.AJ of the Collier County Land Development Code on a 10.04010 acre site. GEOGRAPHIC LOCATION: The subject property is located at 1340 Wild Turkey Drive, east of Immokalee Road (CR 846). The site is located in Section 26, Township 47 South, Range 27 East, Collier County, Florida. PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use pursuant ta Section 2.04.03, Table 2 and Section 2.03.08.AJ of the Collier County Land Development Code (LDC) for a horticulture mulching and recycling facility located within the Rural Agricultural-Mobile Home Overlay (A-MHO) zoning district, on a 10.04010 acre site. The conceptual site plan provides for a loop road, loading area, roll-off container area, mulch spreading/drying area, buffering, water management and native vegetation preserves. The mulching operation entails the delivery of vegetative materials to the site for processing into mulch, storage for a short period of time and then removal of mulch from the site. Raw vegetation is loaded into a tub grinder, which chops the material into small pieces and directs it out into a designated CU-2005-AR-8046 June 15, 2006 Page 1 of 9 , 0"-'" ,,-0"" ci~~ ~') +--0) -:JOJ ep--:l ctl ~ 0- iD OJ <( ..., ... 3~~1 r-w,Vj ~ :'l -- - f.---.-- z f.---..- WQ t::!;( 000 o ~ \ \ 0.. <( :E J'lVl ,1 - -~ ~i I ~l 'I II .-1 I '" o o '" LlJ I- en I----~ i II '" ... o '" '" ..: < II i ~~ -- ""SUl'o/< / Z - I \ ~ /:: r--+- ~ ~ '. I: ., " ~ 3 ! 00 ,L- I >. i 6Z~-S g 0:> ! ~ / e-z ________ I! ~ ~ , u 00 /1-- ~i= -~~ / )# ~I ~I ) f~D .~ I ~(J , " " jJ~'?' 0 u u ~I ( 0 C) ~ . I / <l$(] po i / ylOq I f D - ~ .-:> 0 , ,v~ 'b~OU , 1,6 -~rJ e ~'~j;!~\' , l ~ i '. /" " . A;;:;sV - SL~I ,/" . S~ ---- -+- [,][ -Gi J;;??' -I T ...--' ~ ~_":::J-' ",,fi..,,r}) ,. c00 :;~ u. , :J () .. Z o l- I- W "- 0.. <C :E z o I- <( () o ...J . . . Agenda Item No. 70 July 24, 2007 Page 11 of 269 pile area. The mulch is spread out and allowed to dry on-site before being trucked out again. The applicant described the machine to be used to process the mulch as a "Morbark 1200" that runs on diesel fueL The grinder draws materials into the top of the machine and sends the mulch out on a conveyer belt. The applicant stated that a person standing 400 feet away from the machine while it was running would hear about 52-57 decibels of sound. This noise level can be compared to being less than a lawn mower or vacuum cleaner. The amount of noise decreases as the distance from the source increases. The owners propose limited hours of operation for this facility; they have requested operation hours of Monday to Friday from 8:00am to 5:00pm and Saturday from 8:00am to I 2:00pm. Staff would suggest that legal holidays should also be excluded. The applicant intends to further limit the impacts of the operation by restricting the number of trucks that they own. The Olivas own five trucks, each of which would make up to three trips in and out of the site each day. Wild Turkey Drive, which is the only access to the site, is a limerock road. The applicant states that they will maintain the road by periodically regrading the surface. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Undeveloped, zoned A-MHO SURROUNDING AREA: North: A-MHO East: A-MHO South: A-MHO West: A-MHO Vacant Vacant Agricultural Sod Farm Mobile Home v' ZONING ATLAS MAP ~. r~ Iu Z. Z7 ZIl IV'~ -y 0 ar~~ .'::'ru..!:! liI. 51!] , ... I04D 17 . ~ 1 ~ ~ . !I ~ ... ...- I- . ~ lfjj " ~ i'.MH01,5 ~ ~. '",,- cu' 1'~Nl Ie ~f> I J~ ~~ ~ ! .. , ~, ..... '....... /' ~-: 'Subject Property CU-2005-AR-B046 June 15, 2006 Page 3 of 9 ~ Jl< stO " Z NV'ld 3115 l....rud]:)NO:.l ~NI1J^:.l3l:l T\f~ru lmUI~OH ON\! ~NIH:nnl'l =::::':::'f::';':::;' t'>,,--rl>t(~rz ""'J ~~rl"i'''.(~~~ '"........ "no _'"S.......... ~.l.~..:;- .,,:'''!.'t,''~''' ~'" "OJ -'''' [L ( i I < 1 , ,jll ! -< z. 9~ f-< U '" '" I " I " I ! BIl/1t1t1t\l , ; '; :~~!~ , I " ,! ,,," I II I i~!l, 'I Ii Il'll I : Iii! . ~ I v Ii i I II! ~9 ~~ -, 1I I ! SDO"3~.~t'E ~~unS) , !l >o,tiC_..~ MtJIl............"$iOlr LL.'..'G"III'"U....... A.'~-!3M SlNVl1rlSNOO ~N\M33NI:>N3 lVJ ........ ~..... - ~ ,I _.._~j ~=i . ----z- ~ , i '_i ., 5\ ., ~\ .. .' 'I ! t i,1 'il ,. !i L rD i II !l ! I I , I ~ / Ii , . '" I n_" ..-.. n .. n_.. ..-..-.. .. n m '" ~ , , u. 1 , , , I II ~.i ~~~~ i II ~: , Q.=: II , ,I " i 'I V) N l'-.... II '. ;<.:.;:;r~ 'I I, ., ~-~B~ 'i ~: ;::,J 0 ..: .., i uJto::t I [ . !i . Agenda Item No. 70 Juiy 24, 2007 Page 13 of 269 GROWTH MANAGEMENT PLAN CONSISTENCY: . Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element: The subject property is designated Neutral Lands/Rural Fringe Mixed-Use District (RFMUD), as identified on the Future Land Use Map of the Growth Management Plan. The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. A mixture of urban and rural level of services for residents within the District is allowed. RFMUD lands designated as Neutral Lands have been identified for limited semi-rural residential development and other limited development if it is directed away from existing native vegetation and habitat. The RFMUD allows for facilities for the collection, transfer, processing and reduction of solid waste on Neutral Lands, including horticultural mulching and recycling centers. Additionally, the Collier County Land Development Code indicates that this sort of facility is allowed in the RFMUD Neutral Lands by conditional use. FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. Comprehensive Planning leaves this determination to the Zoning & Land Development Review staff as part of their review of the petition in its totality. . Per Policy 6.1.2 of the Conservation and Coastal Management Element, a minimum of60 percent of the native vegetation present, not to exceed 45 percent of the total site area shall be preserved. Based upon the above information, Comprehensive Planning staff concludes the proposed conditional use may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Environmental Review staff supplied the following analysis ofthe petition: The property lies within the Rural Fringe Mixed-Use - Neutral Lands designation of the Collier County Future Land Use Map. Since the subject property is less than 20.0i0 acres, a minimum of 60 percent of the native vegetation (not to exceed 25 percent of the total site) will be preserved. The standard is in accordance with the vegetation preservation and retention standards for the community facility development and mixed-use development (Minimum Retained Native Vegetation Requirement). The subj ect property is located within the panther secondary merit area and near primary merit area. The applicant will be required to address mitigation for potential impacts to habitat at the time of Site Development Plan review. The applicant is providing a total of 2.54 acres for Preserve, including 0.46 acres of existing native vegetation and 2.08 acres of re-created preserve to replace areas cleared illegally. In accordance with the GMP and LDC, the minimum acreage will be provided in the largest contiguous area. . There are no known off-site preserves and therefore there are no connectivity issues. CU-2005-AR-8046 June 15. 2006 Page 5 of 9 , Agenda Item No. 70 July 24, 2007 Page 14 of 269 Policy 6.1.2 & 6.1.3 As required in Rural Fringe Neutral Lands, 60 percent preservation of native ) vegetation, not to exceed 25 percent of the site will be accomplished on site. The area shown on the site plans is the largest contiguous area. Policy 6.1.4 All invasive exotic vegetation will be removed from the project site during the development process. The site will be maintained for invasive exotic species in accordance with permit conditions in perpetuity. Policy 6.2.1 & 6.2.2 The wetland jurisdictional determination has not been verified by SFWMD staff at this time, and will be verified during the ERP process. Policy 6.2.3 & 6.2.5 Permits or exemptions from SFWMD and USACE will be required prior to SDP approval, Policy 6.2.6 The canceptual site plan identifies the preservation areas that will be subject to conservation easements. Uses that are harmful to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation will be prohibited in preserve areas. The project as proposed is found to be consistent with the Policies and Objectives of the Conservation and Coastal Management Element. Transportation Element: ~ The Transportation Services Department has reviewed this petition and has determined that the site generated trips are consistent with policies 5,1 and 5.2 of the Transportation Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make fmdings (Exhibit "A") that: I) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with tbe Land Development Code and the Growth Management Plan. As previously noted, this request has been deemed consistent with the Growth Management Plan (GMP). If approved, this project will be in compliance with the LDC. The project will be required to undergo the site development plan review process to ensure compliance. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. .. Adequate ingress and egress to the site will be provided through one entrance onto Wild Turkey Drive. During site development review, adequate measures will be required to ensure safe travel conditions for vehicles, emergency vehicles and pedestrians. CU-2005-AR-8046 June 15, 2006 Page 6 of 9 Agenda Item No. 70 July 24, 2007 Page 15 of 269 . 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. The use could have some impact regarding noise to immediate neighbors. To divert noise impacts, staff has recommended that the applicant provide a six-foot high wall atop a two-foot earthen berm for a total height of eight feet, in addition to the required landscape buffers, The applicant has agreed to this condition and placed a diagram on the conceptual site plan. Limited hours of operation will regulate effects as well. 4, Compatibility with adjacent properties and other property in the district. With the appropriate site plan and buffering factors, the proposed facility may be deemed compatible with the surrounding area. Wild Turkey Drive is sparsely developed with low-density residential uses. The subject property is surrounded on two sides by vacant property. A mobile home is located on the west of the site. This property was recently acquired by the applicant. There is a working sod farm south of the subject site. The general area is transitional between residential uses and agricultural uses. Based on the information provided, it appears as if the proposed Conditional Use is an appropriate use of the subject site. EAC RECOMMENDATION: . The. Environmental Advisory Council did not review this petition because there are no anticipated wetland impacts or listed species onsite. NEIGHBORHOOD INFORMATION MEETING: The applicant held the required meeting on November I, 2005 at Corkscrew Middle School cafeteria at 6:00 P,M. Twenty-two persons other than the applicant's agents and county staff attended. Among the chief comments and concerns stated were: . Truck traffic impacts . Noise from operation . Environmental concerns including; eutrophication of groundwater, DEP regulation, environmental review, invasive plant species and the integrity of Corkscrew Swamp Sanctuary . Potential impacts to the values of surrounding properties A show of hands indicated that 18 people oppose the conditional use and none are in favor. Several people requested another informational meeting be held in order to gain specific answers to operational questions the agents couldn't answer at this time. Robert Andrea of Coastal Engineering, planning consultant for the petitioner, committed to providing additional information. He later mailed a question and answer sheet to all those who signed in to the meeting. STAFF RECOMMENDATION: . Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 200S-AR-8046 to the Board of Zoning Appeals, with the following conditions: CU-2005-AR.8046 June 15, 2006 Page 7 of 9 T , ~ .. Agenda Item No. 7D July 24, 2007 Page 16 of 269 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Mulching and Horticultural Recycling Conceptual Site Plan 2," prepared by Coastal Engineering Consultants, Inc, dated March 2, 2006. The site plan noted is conceptual in nature for conditional use approval. The fmal design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes ta the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. After-the-fact penalty fees shall be required for all clearing at the time of SDP submittal. 4. Approved wetland lines or exemption shall be required at SDP submittal and SFWMD or DEP wetland permit or letter of exemption will be required prior to SDP approval. 5. A replanting plan for the recreated preserve shall be reviewed and approved as part of the SDP. 6. The subject site is within the panther secondary merit area and near the primary merit area. Correspondence from FWS and FWC shall be required prior to SDP approval regarding any mitigation for panther impacts. Any required mitigation will be required to be performed and evidence supplied to the County prior to SDP approval. 7. The project shall obtain an environmental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. 8. In addition to landscape buffers required by the Land Development Code, the applicant shall construct a six-foot high wall atop a two-foot high earthen berm around the subject site, exclusive of the native preserve area, as shown on the conceptual site plan. The wall shall be made of a solid material such as concrete block or similar to aid in noise attenuation and shall be in place prior to commencement of mulching operations, 9. The applicant shall ensure that Wild Turkey Drive is not degraded due to the mulching facility traffic. Road improvements, including paving Wild Turkey Drive, apron improvements to Immokalee Road or periodic grading of Wild Turkey Drive may be required by the Transportation Division during the SDP review process. 10. Hours of operation are limited to 8:00 am to 5:00 pm Monday through Friday and 8:00 am to 12:00 pm an Saturday, excluding any days classified as legal holidays in the Florida Statutes. II. Truck parking shall be limited to those used in the operation of the mulching facility. There shall be fewer than six dump trucks and 15 roll-off dumpsters an-site at any time. CU-2005-AR-8046 June 15. 2006 Page 8 of 9 Agenda Item No. 7D July 24, 2007 Page 17 of 269 . 12. Fuel storage that is accessory to the operation of the mulching facility shall be permitted, subject to LDC and other applicable regulations, and shall not exceed 500 gallons at any time. Fuel storage shall be located at least fifty feet from any property line or preserve area. 13. The maximum height of piles for mulch and horticultural waste waiting to be processed ar removed fram site shall be fifteen (15) feet. PREPARED BY: 'lle~c~!. HEIDI K. WILLIAMS, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ 5(.'2 L{ /00 DATE REV! ~-)C;-D6 DATE 5-25-06 RA YM D V. BELLOWS, MANAGER DATE eEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~URRA~C~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Sh5/oh . DATE APPROVED BY: ~k-k K. SCHMITT DMINISTRATOR (I DATE ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: ~J1~f~~ MARKP. stRAIN, CHAIRMAN (,,-' r-S----Oc. DATE . Tentatively scheduled for the July 25, 2006 Board of County Commissioners Meeting Attachments: A. Findings of Fact CU-200S-AR-8046 June 1S, 2006 Page 9 of 9 . ~ -, Agenda Item No. 7D July 24, 2007 Page 18 of 269 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-200S-AR-8046 The following facts are found: L Sections 2.04.03 and 2.03.08.AJ 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 No y/ 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 offire or catastrophe: Adequate ingress & egress Yes_ NoL 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 adj acent properties and other property in the district: Compatible use within district Yes_ NoL Based on the above fIndings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: l(! - 1 ~ r DG. CHAIRMAN: (/V\~ P A~ EXHIBIT A Agenda Item No. 70 July 24, 2007 Page 19of269' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION l CU-2005-AR-8046 The following facts are found: 1. Sections 2.04.03 and 2.03.08.A.3 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 _ No-4L- B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ,... Adequate ingress & egress Yes No~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by ---\L Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No J Based on the above ftndings, this conditional use should, with stipulations, (copy attached) be recommended fori approval to the Baard of Zoning Appea . , . DATE: /0 Ii 0 L MEMBER(: r. .. EXHIBIT A ( \ . Agenda Item No. 70 July 2.4, 2007, Page 20 of 269 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION . CU-2005-AR-8046 The following facts are found: 1. Sections 2.04.03 and 2,03,08.AJ 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 No j,/'" 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 offrre or catastrophe: . -'. Adequate ingress & egress Yes _ No l.L- 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) be recommended for approval to the Board of Zoning Appeals. MEMBER: ~ ~"" DATE: All.; )6 L t ' . EXHIBIT A ~ Agenda Item NO.7' July :Ill, 200 Page 21 of 26 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-200S-AR-8046 The following facts are found: 1. Sections 2.04.03 and 2.03.08.A,3 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 _ NO:f..- 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 fS'- No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects : _ No affect or _ Affect mitigated by ;s::.- Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No v: Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: (,-/1:- 0 ~ . MEMBER: j2"" ~~ J f T", t+ EXHIBIT A Agenda Item No. 70 July 24, 2007: Page 22 of 269 l FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-200S-AR-8046 The following facts are found: 1. Sections 2.04,03 and 2.03.08.AJ 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 Land7ment Code and Growth Management Plan: Yes Na V 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 fife or catastrophe: Adequate ingress}"egress Yes~ No_ C, Affects neighboring properties in relation to noise, glare, economic or odor effects: No af t or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within districV Yes No / Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ~: --( ~ " [7~, MEMBER: I/t;( '- EXHIBIT A , . .. Agenda Item No. 70 July 24, 2007 Page 23 of 269 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-8046 The following facts are found: 1. Sections 2.04,03 and 2.03.08.A.3 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 No V 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 v' Affect cannot be mitigated D. Compatibility with adj acent properties and other property in the district: Compatible use within district Yes No V Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 6 -/(. ~( 8lt1JRMAN: 2;M:tI / EXHIBIT A . Agenda July 2 , Page 24 0 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-8046 The following facts are found: L Sections 2,04,03 and 2.03.08.AJ 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 ./ 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 af;fect 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 Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: <"//S/00 I I MEMBER: Ml-nrU-. '72 Ed-. ~ EXHIBIT A ''''" "''' ~ ~ or--O> r--om ON ON...... Z .0 <j' EN'" N z 2~:D 0 -:J.':J) w- CC" (ij !::~ v (L ..0 ;:: '3 <D ::ll <( a. <( ~ S! 0 W :t: 8 ~ i ::0 .( .( I- - ~ Cf) ''''" H.3~S')!l:l0Cl '" ~ ... ~ 0 ~ '" ~ " 9 <<: . , '" 0 0 ~~~ I ~ - .. Z 0 f-- n f-- g il UJ a. . " ~ ~ u . H 6Z':]'S a. g g .~ <( iL ~ . . 0' ~ Z " 0 , 1 - l- . <( 0 0 ....J " " llO6 '<1'0 z ~ ~ ~ "L-I #" .~ ",,6 5~ . COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 7D July 24, 2007 2800 NORTH HORSESHO~IVl!6 of 269 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER CU-2005-AR-8046 PROJECT #2004100065 DATE: 7/18/05 HEIDI WILLIAMS ABOVE TO BE COMPLETEO BY STAFF NAME OF APPLlCANT(S) JAIME AND DEMARYSOLlVA ADDRESS 110 lUNG BOULEVARD WEST CITY NAPLES TELEPHONE # 239-348-0778 CELL # E-MAIL ADDRESS: STATE FLORIDA ZIP 34120 FAX # NAME OF AGENT DONALD l. MURRAY. AICP FIRM COASTAL ENGINEERING CONSULTANTS. INC. ADDRESS 3106 SOUTH HORSESHOE DRIVE CITY NAPLES TELEPHONE # 239-643-2324 EXT. 157 CELL # E-MAIL ADDRESS: DMURRA Y!1i>CECIFl.COM STATE FLORIDA ZIP 34104 FAX # 239-643-1143 0, '-c,J~i~~~t~;~~;'~~1a~~~,VA~~~~~~~~i~~;~'~~~rkfl~~i~'~W;~f~~U~ifl;~!:1,;;;':c;iI:Wi:'~;';:' 'ACCORD I GL Y:A:Ni)'ENSUR.E. THAT YOU A.REIN COMPLIANCEWITHTHESEREGULAtU'NS" ": APPLICATION FOR PUSUC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP I\,:,~ :;',:i!~;";;'i'(i;: ,~t,:}DIS<:LOSURE;OF 'INi'EREsnNFoRMATjON"'~;': ~ ;c';,:-:;~ ~: \i"c')}! a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenan~y, list all parties with Cln ownership interest CIS well as the percentage of such interes!. (Use additional sheets if necessary). Name and Address Per~entage of Ownership Jaime and Damarvs Oliva 110 Jung Blvd. West Naples, Florida 34] 20 ]00% APpLICATION fOR PUBLIC HEARING FOR CONDITIONAl USE - 4/14/03, rey 5/20/2005 r Agenda Item No. 70 July 24, 2007 Page 28 of 269 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 c. If Ihe property is in the name of a TRUSTEE, Iisl the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list fhe name of the general and/or limited partners. Name and Address Percentage of Ownership APPLICATtON FOR PUEttte HEARING FOR CONDrrJONAl USE - 4/14/03, f&V 5/20/2005 Agenda Item No. 7D July 24, 2007 Page 29 of 269 e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, Iisl all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ~ leased 0 Term of lease Aoril15. 2003 yrs.fmos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date . or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the elate of application, but prior to the elate of the final public hearing, it is the responsibility of the applicant, ar agent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, TOV 5/20/2005 Agenda Item No. 70 I\I? 7 Detailed le9al descriation of the prooertv covered bv the aoolication: (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 districl. 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 correol legal description. If queslions arise concerning the legal description, an engineer's certification or sealed survey may be required. Sectio niT ownsh ip /Ra nge 26 I 475 / 27E Lot: Plat Book Block: Page #: Subdivision: Property I.D.#: 00108120002 & 00110760502 Metes & Bounds Descripllon: Parcel #1: The west Y, ofthe southeast ~ ofth. southwest '4 of the southeast '4 of Section 26. Township 47 south. Range 27 east. lving and being in Collier Countv. Florida. Parcel #2: The east 'h of the southeast" of the southwest" of the southeast '4 of Section 26. Townshio 47 south. Range 27 east. lving and being in Collier County. Florida. SIZE OF PROPERTY; ft. X It. = Total Sq. Ft. Acres 10.04 +/- ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 1340 Wild Turkev Drive. Propertv is located approximatelv .62 miles east ofImmokalee Road on Wild Turkev Drive. i::~iii~:( f'~~:';;;;;~t~r,"\;';:;;;cj::\", .~DjAcEN.r;zciNING ;6;NO'LANO' USE;::""'"';.. ;:::.:,;tj;:"'.;;';':;:i:;f;~i~~:.;',::, Zoning Land use N A-MHOIRFMU district) S A-MHOIRFMU district) E A-MHOIRFMU distriCt) W A-MHOIRFMU district) Vacant. wooded Vacant, Conditional Use for earth mining activitv Vacant. wooded Cleared Acreage with mobile homc Does the owner of the subject properly own properly contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Se.tion/T ownship/Range Lot: Block: / I Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: APPLICATION fOR PUBLIC HEARING FOR CONDITIONAL USE - 4/74/03, rev 5/20/2005 '00 ~ ';C',,', .. "'CONDITlONArUSEREQUES,TDETAIL Agenda Item No. 7D Jul 4? P~g,,}1,of.26 TVDe of Conditional Use: This application is requesting a conditional use ailowed per LDC Section 2.04.03 of the RFMU, neutral lands zoning district for facilities for the collection, transfer. orocessina, and reduction of solid waste (type of use). Present Use of the Property: Vacant - horticultural waste storaae f'~;:::> '-,......".....;..."",'..)".,.,', ;,.',,: 'Ell ALUA TION 'CRITERIA .:._,_.; : '-..-,":', c" ;,1 Evaluation Criteria: Provide a narrative statement describing this request for canditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's 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 wili 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 applicabie. 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). 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), There has recently been a LDC amendment which added this type of conditional use to the Neutral Lands area and became effective in November 2004 (LDC Section 2.03.08). GMP Neutral provides for this type of use: "Facilities for the collection. transfer. processing and reduction of solid waste." This RFMU zoning overlav district was implemented and is consistent with the GMP and has the FLUE designation ofRFMU district. 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 safely and convenience, traffic flow and control, and access in case of fire or catastrophe: The existing access from Wild Turkey Drive proyides easy access to the site. Vehicular and pedestrian access to the site will be excellent and shall be limited to employees only. The site plan indicates that emergency access will be more than adequate, Wild Turkey Drive is a local road that serves mainly the agricultural operations as well as the few mobile homes that extend off of it and it currcntly dead ends into the subject property. AfPLICATJON FOR PUBliC HEMUNG FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005 . Agenda Item No. 70 July 24, 2007 c. Describe the effect the conditional use will have on neighboring properties in relation tcf'ri'SFSe'j2 of 269 glare, economic Impact and odor: The proposed use should not have a negative effect regarding noise. glare. economic impact and odor due to the limited hours of operation. proposed list of operating conditions. moposed buffers. and the proposed site lavout. The proposed conditional use should be less intensive than the several existing earthmining operations in the area now, d, Describe the site's and the proposed use's compatlbiltty with adjacent properties and other properties in the district: Surrounding properties have the same Agricultural (A-MHO) zonin~ within the RFMU-Neutral Lands area as the subiect site. Agricultural type production typically vields some type of return in terms of a oroduct oroduced which is either used on site. stored on site or transported from the site. The same could be said for the surrounding earthmining operations. These are typical characteristics of the proposed use and are not unusual from similar agricultural uses which mav occur on the subiect site or surrounding orooeliies. Please provide any additional information which you may feel is relevant to this request, Please see attached letter. Deed Restrictions: The County Is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners . association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existIng deed restrictions. Previous land use Detitions on the sublect DroDerty: 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? There have been none to our knowlcdge. 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" conceptudl site plan [and one reduced 8112" x 11" copy of site plan], drawn to a maximum scale of 1 Inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion af staff evaluation for distribution to the Board and variaus advisory boards such as the Eny;ronmental 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), APPLlCATJON FOR PUBLIC HEARING FOR CONDITJONAL USE - 4/T4!03"ev 5/20/2005 lI.genda Item No. 7D July 24, 2007 . all existing and/or proposed parking and loading areas [include matrix ind~m~p of 269 required and provided parking and loading, including required parking for the disabled], . locations of solid waste (refuse) containers and service function areas, . required yardsl open space and preserve areos, . 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). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken 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 abjection 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 341 02-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. Any additional requirements as may be appiicable 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 10.03.05.B.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 PUBUC HEARING fOR CONDfTlONAL USE - 4/14/03, rev 5/20/2005 . CONDITIO.i\lALUSEAPPLlCA!ION SUBMITTALYCHECKLIST Agenda Item No. 7D July 24, 2007 ,..,,, 9 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Applicotion - WI ATTACHED LETTER 20* -.J 2. Copy of Deed(s) and list identifying Owner{s} and all 2* -.J Partners if 0 Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* -.J 4. Pre-application notes/minutes 20* -.J 5. Conceptual Site Plans (including (I) 8-1/2 X 11 copy) 20* -.J 6. Environmental Impact Statement - (EIS) 4 -.J 7. Aerial Photograph - (with habitat areos identified) 5* -.J 8. Completed Utility Provisions Statement {with required 4 -.J attachments and sketches} 9. Traffic Impact Statement - (TIS) (ONLY TRIP 7 -.J GENERATION REPORT REQUESTED) 10. Historical & Archaeological Surveyor Waiver Application 4 -.J 11. Copies of State and/or Federal Permits 4 -.J 12. Architectural Rendering of Proposed Structure(s) 4 -.J 13. Application Fee = $4000 - -.J Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: Collier County Borzrd of Commissioners 14. Electronic copy of all documents and plans 1 -.J 15. Letter of no objection from the United States Postal 1 -.J Service 16. Other Requirements - 5 -.J PRE-EXISTING CONDITIONS FLUeeS AERIAL * Documents required for Long~Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary 'p,;;Z<h. d.l., of p"""I" 01 <hI, ;? ,,1,- Applicant! Agent Signafure Dare APPlICATtON FOR PU8l1C HEARING FOR CONDJnONAL USE - 4/14/03, rev 5/20}200S CU_2005-AR-8046 PROJECT #2004100065 DATE: 7/18/05 HEIDI WILLIAMS Sep 14 04 09:40a JAIME TRUCKING INC 239 455 6703 p." Agenda Item No. 7D July 24, 2007 Page 35 of 269 TlU~I1l"/C>PIladb;ouo~w. 005_AR-8~46 ~~ gJECT #20041 00~65 DATE: 7118/05 HEIDI WILLIAMS COLLIER COllNn' irrLE COlltPANY 1172& CQweA BLVD. SUlT"E 0 NAPLe:s, FLOAIDA 34116 Prop<lrty Apprulsar;. Para~ rd6ntlflC&Uco (FoIJoJ Numbet6: OQ110760S02 AND 001081200Q2 QII)fI!eesSStjs: a'I.Cl!A!lDV1iTHlSU~!"I'(Ifl.Jo.reOAOl'lo.OA'r... THIS WA~RANTY DEED, made lhe 15th My 01 AprU, A.D. 2003 by RcED LOLLY and BETH LOLL V, HUSBAND AND WIFE herfllr'lC&lkld th&QI81\Iou, 'Mlow poet orflc&olllijfMl1s P.O. BOX NAPLES, FLORIDA M116, lQ JAIME OLIVA and DAMA-.wS OLIVA, HUSaAND AND WIFE wMtlD posl o!llr;B 8lIdr~$1s 1fDJUNO BLVD. WEST. NAPLES, FLORIDA 34.120, hi!llalnalto'ce!lOOClll~Ollln181W- (W....'..OI....~ ~...,., lI'Io"'""" 'v..~r' ..,1 'au"IN'lIdud. Iti 1M pMlo. 1. hl. 1l"lI\rIrIolIl...d 11\. ,-"" ~I "'llrel.nltl"'~~ WId 1..S11~ <>I InlMctJall,l"dilNll_t'Swt~US/OflI(ll"",,ONllOnIiI WIT N E SSE T H: 1'h&t thl'll1Wllol'$, tol 800 In llt>f\&ItSll,.\hM 01 tlo $\JITI 01 TeN ~D oot100'S UilD.OO) bolals lJlIli C1hDl vN'ole OClIU/dera1bn$, fecelpt whereof 11 OOnlb'J IlDkl'lO'o'AetdQ6d, hmsby ltrAtll$, balll'tIns, Mea,dona, JQm!s1l5, rolell'1(15, COl1V6Y1 and Cltflnrrns m[o 1he '"~ 811 Ulllt catUln 111110: lllllJtllo b"l Colt&! CouIly, SlIlIe or Aorlds, vtc PARCEL *1: THE WEST ONE-HAI..~ OF THE SOUTHEAST ONE.QUARTER OF THE SaUTlfWEST ONE-QUARTER OF THE SOUTHEAST ONE.QUARTER OF SECTIO N ~6. TOWNSHIP 47 SOUTH, RANGE 27 EAST, lYING AND BEING IN COlllEll COUNTY, FLORIDA PARCEL 1t2:.1"HE EAST ON-HALF OF mE SOUTHEAST ONE.QUARTEfl OF THE SOUTHWEST ONE.QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 28, TaWNSHIP 47 SOUTH, RANGE. 27 EAST, LYING AND BEING IN COLLIER COUNTY, FLORIDA. Subject to ElD&lIrnents, rcslrtcUons and reservations of record and !o tBl(OS for the year 20QJ, and thereafter, TOGETHER, wIth all the lonemlll1ts, tterocl1laments zsndsppurlDl'lal'lCl38 he,olo belon\)tniJor III S~Ufl apper\ollW1l1- TO HAVE AND TO HOLD, lhaSMlfl-lr,jeesn~o !CIr\W8l. AND, the grDnIQrs hereby CDV<<lB1ll 'l'IHh said gran<<les hI thtJ granlofs IshuIIlawiWly solUd or ,aid IlInd In fee slOIplt:1; Ihftl fi19 gUllllOJshllVe good r1~ llndlllwful D\lIhoril)'IOsctlllod COllver aakllMd,Mc'harebr\'fllrrQM 100 UIIa 1o1laJd land aM vJlI dulltfld 1tJe. 68me ag;J1n~t thlll!\\"Iul el;:Ums. of al! talSDnS Y1hOfJlSo.e~Dfj lIrtd lhat said 1llTKl' (81M of all iIlncumblllTIC93. e>:cs~ l8XtI'5 8cerull\g sub::ul-:;lI6IIltoOe.cemoor31,2002. IN WITNESS WHEREOF, 1M 'Sold (1fsnlors hltV6 sl~arn.ls~\Id lheI~llPlosmllltt$da.jllltJ:i 'f8M I!rJlllbowwtlll~. Slgneg,s9aledsrddoBveredlnll1ePf~lUlO".Iol: WIlNESSES PS m a:JTH PARTIES \).~8~'J::,~ -~ LAo:;t:d( S. ffEEOlOLLY ~ ~L L.S. ~. , P'intedSo,lI\u.19 .",,- prblledSlgn.:llllfa Slgnalurll Pflnlft{jSl~ejuro STATE OF FLORIDA COUNTY OF Collier The Il;lj'ego!ng irlSttul'n9nt was IttWJOwllXlgodbirGQlil ffig!hi> 1Stf1. day 01 Aprll,2003 brREEO LDl.LY and BETH LOl.l.y whG 11m palGonetl)' krn1l'm 10 mt!I OJ hnvv plodue~ J~LJ,,~.r.I.~ n~L &lIdDnlHie.llcn, SEAL ~~ VlCTORlACtA.\....WALlEl$ '"fj)' ['~ uYCO~~SS!OIHCG9Zmll ~ "' ml!lES:-'4ll~1:.\2OO( \.i>V.. 1.'H.o.l'fl.....,...",'M\:Ur<I....'h" \ )lnOAlc.. 0 l! r,Q:\::lV) r~~ D \.LUW~ >l 80238 "~-;;;r.~l: _ i-:"';:":1:8:t::3';!::E:~t:::.s;:z~g~rSIZr::a!$!I:S!t!S!f:s)Ia:~.lS!:::'3:t.:::.~=:;(~..:;t.:~~!%:8!t:S:l'.~.1 '~....... ._~+o,........ .. ... .. ... ., '[lj . #28770 . '[il 'i" ~llrrllt1tu lflecd '.... ~ m '~Ir TllI~ It'llll;HTUn, "h'l.l~ll_...,___.~yh , .____.._.,__"hr.i___..~_~..:.\:~~.~ -... '.' A.I!, I? ~t '{'I)' t I..,,,,...~ ,-In.., 1-1.111\11110. li,:AI. ,:STAT": ~4f,I(T. l)ol(.., . Co/""I'lOa~ ftIA,i"A "n~tlll... I..... ,,/ th :-;,......1 FII>,j<l", ~nlnA it. rrill- ~...' 111,.1 rl., r "11..."",,, I. ,hI (...."If "I C,.lllr! .nd ~I'" .., 1'1<1116., .",1 I..dully ...lhnd ....1." "."..... hlt.i".... i. Il.. ."-",, ", Fl.." :..;.: ',['I]', fll, '';'' I'.,,,y../ ,h> r,.., I'M', .",,,,,t..,,, C"'r",..idJ..n"', Mi. [~o,' )"".. ~ rlo,lote n>trl>lol!".. ~...d .-. r. .. '('j' .'.OS,"I1 M,G.~ MLQM~L.nE9.~"~._.~,l.u"l.!_~___._ '[ii' .l, 153 N.W, 96th Street, Hf.II'fllt, _._n__'. I.... :!!l: ::.:'~: :'::~:~::''''I'_~:._~~.~.!._.,_ ...,1 ~...I...I __."F.~~~id'~"--':~--ie-~-~;-'hr ~~':~n-;~~'~;:":;T~ ~:~~.;,-~:-- :~r. [Il 1'j,~1 ,h ..lot ruw ..r '''t Ilut l>~l1, 1,,1 ...d I.. f,,~d~~~c:tl,," 01 ,II. u" 01 T~.. n"II... end ...lIrt ~ood ."d ..~luAbl. c..", [11 ,<" ::, 1'\ .... ,I-!', .i~...'i"n.'" h I.. \...1 r.l~ 'by ,I.. ulri tu, ..1.I;,_..___,,{ ,h. ......."d t"ll, tho ,.ulp, ..1>......( h h.,.hr H~Ao..I..t~.d. h.. ~,.n..d, 'e,1 .to, i ,Cotr ,.:1. j~' \-...~.In~" ...~ 001.1,,, .I.~ .."I p." _..!.!..._ n{lho "",,,,,of pUI, n hi,. e".! ...1.... r"uu,. d.t ,.. t~l. 1"11,,..in~ ".."'lito..J len.1 .IIU"', Iyl,,~ ."~ 10.1.. I" ,ho C"u"ly "r ______~.~..:.~:.:.~__~.__. . .,,01 ~I.,. ,,' fl...I,I.. ,n...l,' ~m: '(i}' MRt:Y.l. 1.Thc W'ut 1/2 of the Sriuthc/ut tll, or thc S..,utnvttH lr~! the SCtuth!:'AJlt 1/~ (l) '~'I,of ~ce~ton 26, TO'Wnllhlp ll7 South, RAnge: 27 ~lltl ColUer County, rlorida :.:.: 'Ii)' rA.R<:f~L 2-Tht! &lIt 1/2 of the SO\.ltnr:llIIt t/4 of the ::;outh....eH 1/4 of thi:! Soutbcfltllt 1(4 (I] l.,ot Section 2bj 1'owf\l(hlp ~7 South, Rnn&l! 27 ~ll.lLt, Colller COUnty. Ylorlda 'f'" >~, ,.. !111tllt~ 6. ^ )0 fl,)ot CIlIH'!JICnt 115 rc:ner...c.d ('lr publl!;' rOA(] right of V1I'lY 1l.lol\& tht Horth 0] 't-lond AlQnf', till: Sou~h ddc of "tdd I'~rt'cl 1, ;.;-.; '[il' Hem 7. ^ )0 Cout ClIllemCrlt 1ft rc~crvcd for puhl1c ron.d rLgh.t of ....ny IIlong thl:! North [I) 't'1' "".! Il\,)flK tlte South sLdc of IHLld rll,r1.:cl 2, :f:~: m . m '';'" ~'Jhll'CT 111: Tnn I", lh ~." I? 6 J, ~",.j ~~t>..qu'~, """. An" lu!ch~1 JuhlHI In Ih. '"ll"..i"A I'''Yf''AnU, ,,,..,Il,i~n. ."" .1,", 'Ii)' ""."."..... --..-.- Ii) " ,'" '1"1"]' I. S."I ,..~"".n ,h~l1 nil' I.~ ...,1 .. , i"..t "1,1, ,hller.n~ ~l"u",1 PI rg, .h. .((u"'ul~,;"n nr ~..l,.~. ,,'I..ul .....IH,,~ "'t"~' '" '''~. ',['1')', """"."',, "~Hh "".~ I.. ,1'IJIOl~M.1 ,.. ,10. <....1..." 1...1,1. <lr ,.I.,y "r ll.~ i..h.I..,.",. ollh~ .,,,.,,,,,,,'I,,~ r"...,u",'y, ". H '['I'J' I. "1''1..,. _\,,1/ ..... l,~ 1~""1...1 r,,,," ul,l I,rr..,;"o 'n, 'l~en,iIY III ...,it .'Ioleh Will IlIwel ,jl. un.I",,, ~,",I...( 11.. A.\....i~.~~ r'''I'.flY.' ,II'),' "",.I..II."yl"'''''wr''..h,p....iu.,I. ,.. .~ '['1'1' \, All I""r.ti~.. M n,h~, '''U<'"''. .IHI .,1 an ..1,[ ~I',";~" ,h.ll ",,,,,In,., la ,h. ,,,".". ""I.. en.r 1""ld'n~ ,,,,I.. "I .11 ~II""'". ,'II',)', ",,"'.1 "..il. h..;"~ ;.",.liirt."" "H' Ih. ~"'r'''Y. W .t '[if ~,All It"rlnl".', ~'~', """".", ,I~h,., ,,,.....,,,., I...~...I ,.co,d e"~ '~I..m""'" :[1): * ::i\'l~1I1'~'~~:,;1 r.~ ;~;;r l'W~i;(~\:~~I.dn". ,.IM;"~ '" 11'~lnA, "'......<1 ('Ion.f1....""". U :I.'~I: ',Ii.)', I~,. ,,,"..v.,,t". .l..1I "1'""" I" '''''''J u"llI ,h. (;,."',..(.) ""Iy ....h "il. ~... ..ionol. .ulo.'uII.,. "...... ..hi,\-' i..tI",!.., .11 "I.",. ,., 1!1II '" ",I..., ,.,1"".,,,., ",...,..1 "~h,,, A"" to"ly ',0<10 "",to,,. "~'"l'.~' ."t! ,h.OIl1\... ....,,,01 lI~h,. J,j ..1.1C't II., 1"",,1,,, ,. -,u..1 *.. M '[I')' [I] M" ,-........,. '" ... A",I .h. ..,,11'."'" o( II,~ I,,", 1'0" '""'". 1",.10, flllh ....Iro". ,lIr ,i,l~ ,,, ..i,1 I."d, ,,,,t ..,I1,l.r...dlh. ..",. ...."" '~n 1...l~1 d.lm' ot m' ,.j olir~"""' ."h.."",nn. J,l: w f~ '(.)' IN "ll1'n.SS '11~1I;1.'r. ,lI.. .",1 r-.IIY "tlh~ III", rAil h... <."..,llll..~ I""~." ..,I,."4n..li"".......h~..,""ly '[i)' I .~,I."" ..tull"..., .",t ". <'''1'<''.'' ....l'".... _11"..1, ."."..1 lor ", S~I"'",~. ,h ".y ,,",1 y.e, .1"'.... "II"~., ,., ~f ~. ',1'1)', ,[I), i.Il~" 1 11.11/'11'11 rll III t. ',f ,\ 1 L \1.\11 r. 1.\'( . ...~,.,~'"'" ,."jl''''"''''~ '" ..... ,,~/... ( Tllr ),111\ (II., \:-Il '[i" [lJ ".~1',1:11' l ~ (,' I -' " , ,.J. :['1'): '.-r.;,.,,;, '" 0/..2 d I' d",/l.f,. ',8,i', I~''- t'u,,,lc~1 W M '(if' (f(~I(l'i'H^n ."-I"Al.l REe ,!!l. '..1 " . ~. OFFJI"M /I.lIOfD I.'~' ',1'1),' , I COl: 'I"~ " ~,':'"HO Oo~' ,[~), ~AH."o..t'\,r,~..l.,~;li~....1 in 110. . (,. ,. Ii .1'1 {!r.I~,\ r".r.ftl.... ~f.." I~ .. ,';', rro 7 2 'Iii ,m. , .~-1 (J" .QgFM'6J :>:.: '()' /' "',1', ", -, r :.COTT (I) ,1. /.L-:.... _ ~), ;;:--(F./~"/' L c... _ r. .[,:, 0,' 'Ie>' .1; ':OU.'tT :.:t: :@ ii-ATE tH' F\.I\ltlfl.o\ ss, :~~): ..j VrIlUtn~' OF nAtlt., (I) [I) ". ;~:~; I lli:lu.wr f:F.IlTIF\'. Tho! un Ih,J _~;.l.\ ...__dty "I __,"f.:g~r~I~D'- _' "',D. 19.6..L It: H PI '(il' ,..~'''''''.r...II..~llr.rr..'t~ _.__...!.t:n,tp~ O. C1nt'k __:._.___ ....,1 _Mi\U~~-,_~:!___---:- J~l, '.,' 'ht,."..tt~ I"~'hl.", ~n.1 ...~"~I"'Y ~I fll'St 1'1.<1I~1I1A t<E^1. l',:n",,.~. .\.IAln, INC,. ~ c",p....lI,," unlit! 110. In. "l ,b. !\JrJr "I I", 'II')' t 1",..\... ,,", .",., t ""...,.,..,n I" .\1'e ~Io, Ln., I",'., ~ 1'1"",t. ("'.I'<".li..", I" "." >-"".... Iu \.~ ,h. ,......ft. .10" "'~"..I.'~..lh,t,."{~j(,.,,.rll ,1..,1,", H.h "rio, '"10 .1..,1 ..~rl"llv ..l:nll"!r,,"<<ltl.. n~(u"un 11'11'01 '0 h. Ih.." Ilt~ en on,l ri...t.. "',"~ ~lt'('l~ 1M ,Iv- o..~.jC'h".1 . ;\:. '~'..' r"'I~'H' ,h~'r,n '''~~''"Il~,1 'h,II~M 11~v Arr'H.t II."rl" Ihr tdh~IAI ...1 nl !Jht CIlII"H~II"n. ..",11\-..1 Ih~ ~41.l d~.,A 4lt,~I.t"....,t'. .t-,t, '(i)' ,1,,,t..1 ....,1 '''Ii'''''"''"'. . /.~)...." ,~:\, ~'..ltl.. ,,' 1.\ 1"I'S" '''1 "~"M~" .,,,,j ,,11l<..I...I.t ~h~...j 1I...lI.;n 'h~ C<>un,y or 1..,1. .".! :!'t.t. "r U",ltl. ,h~,by .,,01'....' 10"'.1".... ~~ 'Ii' ..." ..) .' . "- i I~' . '_1 h)> :~: to 'mJ-lQT"'!.~ MlllllC STArt olnO~IOA ...lJ,Rl:~ r .1. r-...:;LL~!.-'""~~;c....f.J--.~_J-";::'" \...8~~) .14....' (I} hl~ c"...",..""" r ':.n to"'HI~IOK o:rtHS oel. H. IH4 I'f(f>...., P.ll1lc _ :;,." 01 PI"ljlA .1 hl,u~ "'" {~.,'-: l~ '..,' ..".... ."ebV." rllI~ .,.. ."':.":":"". ... _ .. .. ~ .. ~'. .. .~.--. .:." '~;;' ,~~t' '..,-;;-:";';;'::';1;"=':,:~;t::2?t;"=':x:'B:!iait,S,%<E>1'8'2:6,J.8.1.S':c:~S;%~'8:.:~~~:S:l~'8:%~=-!!':8."~:=:r~~~ !"a-----....-.......~.....-.. .._..... ... .. ... .. o. .. .. . 80238 1~~"='~I:'i;;'~I:-:o:":I::-~:I:g:I:SirX:8;:';'3;I:S:::S~:!~!Z;aIt!8!S!Z;XI8rt!S:t::5;1,:~:::t!~,:",..~;t;:-~:%::?:arE*~;',l '+,~. ---. ."-. .-.. ~ ~ " . ... .. . r:. 'or -. 128770 . [iJ' ;~f ~l1rr1ltlf\1 ;!lhtd :[i/ l.. \. ',..1 t~ nil:'> INlJENfUlll\, HI,l. 1;'1. . ...".~y~\ _____m.... <lor.f __ . F~~.:.\l~ry ^ It 1'9 63 '[')' (1,- .."..,~" ~IB~l ~L"llIll'" 10-"'1, EHoI.n: ~",l(t. INC.. . ('ntre"I;"" HI,'i"J.'~;,j~1 ,;,~-l;":~ ~I- ~h. S'~I. 01 rj"d,l~', ~'u;n.~' II> ~II'~: I ~.'t' "1,.1 rl". '0' I"",ao'" In 'h. C "~'''r "I r...III.r And ,'>I.tt ,,/ FI(lfldl, ud I. ""wily o"lb,!I,.,1 to' 'Un~~ll ""';n... I~ III. ,"'UI' nt FI",. '..t ,.. ,of (r} ,.1., 1""'r.>I .~, j"" 1'''''. ~"<r..."t (',..J'''...."b 1<> Th. Mi, C..., In"., . fl,,,I..l. e"'raIOlI"" ..." _ l' W N '('J' ).9$~.PI! .Mc,:G:E.~ M;9.._qM~L_..ttE9.J?!~__hJ_~_..'1}}~____._ '(i)' I!' 15) N,W. 96th StrCl!t, HL!nd, -------- ,_, ,[tii' ...h".r A,t,lor., ,. -. n~d-~-' __'_-.'_~= ..,...,."",',,u_ "'-;i.';;-rl-d';'''~- ._.__m___m lro' 'H' "llhr('''''''I~..I_.____..____ ~ ~ r.II~!..."{'h.rr(l"<lr"'\'''li. "~st'.l'n~ "i ,., 'f']' [I) n.l Ih. ..I~ ""'y ~I '~o 11.11 1'"11. 101 "~.l I. e".ol.ln(,lo.. "r ,~.. .... "I T.. 0,,11... o"d ..I~., ~<><><l ...l ul.ol.l. ...... I ,.. w 'T' .i,L....;M..n ,I '" t..."J r.id "y ,t.. ..I..l ~." j~li"...___.1 '~o ...c...~ pO,l, Ihe ..e'If" ..h......( 10 hrtd,y ,d.~....h..j_...t, h.. A'""lod. '(iI' IU, I th,t- ',',' ,'11, h"~~;,,.tI ...,J 'DIJ I.. ,~, u..t ~." _~_ ot ,lo.. 'H""d pO'I. . h.i.. ~.d ...I~"o In.....,, .he I.. 1~11 j"lla"';.~ ~~'nit....II.",! ';'.~rr. Iyl., ""d "'I~A I" 110.. (n"".y..r ____.__Co11 te:______ . . 0",1 ~I"'r Dr .'1",1.1.. '......h: .m: '(i)' PARCP.L l~nl! W(!9t 1/.2 of the SdutnulI.at 1/4 of the South....eH 1140f the South~lII'It 1/4 'fl} ;..1 of S~ctfon 26,. T<.l".,'mh(p 47 South, 1l1lns.a 2l t:o'\&tt Call-ter County, f'~()tlda ;.:t: '(')' t'ARCt:L 2-The l!1I!t l/2 of th~ SOllthel1..llt 1/4 of the- SOllth....Cllt 1/4 of thl!' Southef\A~ t/4 hl IL;t. section 26, Towrllhip '-t, South. I!Angl! 27 Ellat, Collier Count)', Florida ','.' H '" 'tii *ltl'1Tl 6. ^ 30 foot Cl\)jcrncnt t! H.!tll'l'veu for pulJttc rOild r1ght uf "'fly Along tbe North N. '':.'or.1I "loflg lh~ SOUt!l ~ld(! of Atoll! I'l1rl'~l L. .~, 'Ii)' It.em 7. A JO fout t'flAemelll 1& f'-'nerved f()r puhliC rOfLd rlR~t ()f ...ny Alon~ till' North !ll ".t'an.! Il101l1{ till! South aide- of IU.id I'llfn'l 2, :':~: M W ..... ~I!I1pTT nl' T~". I... Ih. y.., 1~!~.?,__~"-1 .ul'''~'''~1 Y"'I, .....,1 Il"lh... o"hl'<< 10 ,h. j"H....'.A ('('."A"", <I,~,It""". AArl 'f']' (I) I."rh-I",r,.' 1 ,'" ;.:.: I S..,I I'I'''''~', ,h.l) "..I h. ~..,! .. . )"..1 yurl, d."'~,"A ..".",1 ," 1<>1 .n. H(",""lo".."../ AI')..A' ", 1".1 ..",lli"A ""'''' ,II ",h. '['I")' (II " .",..".'. ..h"h ","y I.. ,1"""""1011" 'h. eO"/"'I. ~uhn '" ..f.,y..r Ih. ;"h.b'lo"t.../ ,nr .",,,,.....fi"A .n",..u,,;.y, '" 'H' H.'. T..." .1,.11 n,,1 I" ,~"""..{ I.",.. Hi,1 !'I'ml'" ""Y Q".",it~ ..I .",) ...!l.ch ",ill 1"".1 t)>. ."iI,,,,, _,.,1. n/ 110. .,ll"if""~ ~'''I,''I~. ,,' '(ij "". .1,.1i ~"l' I..."nw P'" h, ~"",;rI..L J!J, ,.. H ,*,.4. ,. All hil'\I~~, "' P,.... _'''''''.1., ,,~....I n. ..i., :',...iH' .h.1I <"",",,,, '" ,h. ...,,;,,~ ,,,dr. 'D'II-".I,I'''A "",.. nl, ~II ~"Y",'" '(I')' [lJ "'~I.I ".Ii' ~'.;"" j"".,llnin" "'<1 ,h. ""'rnly. ,., ',.. ...... l, ,',11 'r",iq,,>..~, .,r., r''''''~nl'. d~tJo, r".rno"". I...~. ,,1..eDl~ ."" A~"''''''''' '[iI' :W:,.. ::;';, (!mllt'~';;~1 ~,I ;;~J Ir~i~;~\~'t~l"I"'" . >IAII..~ I,. lI.hl,,~, ~o"" uti <n" ...,..,1"" :('ij: [I) 'r~,. '''''''y"'''-' .t, .11 "I'" A" h' <..,,"~ "..I" I h. C, "01,,1 ,1 ,,"I Y ."rh ni I. ~", ",j "".i, .ul.. "" r AI" ,,,1,,., ..hi, \, lall ",I.. .\ 1 ~'.n;. . , , . . , "m "I ," 10" ,.,1"", I, TO ",",.".1 II~ 101', .",1 ".) f "".~ I....".', ",,",p'~, ,..,I "." itl... ..",,,I ,1.<1". ,il ..10, ,'h I h, r .,.""" ,. '" ,..I t" M '['I)' [II ,,,,,.,,,,,,,,.,. .., 't',' ,'",,1,1,. ..,,\ I""~',J 11.. )".1 r." 'm.. hnrhy 1..lly ..."'"1 111. ,Id. 10 "I~ l.".1, .",l ...oIl.J.J'"n ,h, ""!ft. .~..." ,~.I...I"I ,-1'1"" ,.., h1' "I .11 ~"',,"' 0+.,,"'......., .ril, W M '('I' I" ~'ITNJ'S:-; IlHfl;.r F, ,he ""I r""'Y "~I ,l,r t"" ~'II h.. ,".H,I ,,,... N....I.." I.. """,I i" 1<' ",.'" Io~ II. n"l, (I) ~ _."10",, r,1 "!I,,., '. ."n "' """n,.,r .."I ,.' I.. .rl, ..,I. '11' '1,,1 h. II_ ~""'A'y, Ih" ,loy "nA Y'" _I"".. "'ilL"". .. , '" If ~. , . . '( i J' I-II(S 1 I 1.11111 I 1,<, H I ,<, I ~... I \ I I \L\ I~ r. ):'\( ,( ~ J, :~:~: "',... ,.' ( ~_;~'I~:"~~,':;'I'!';'~";~,"."n.., fr- O) <I ,~J'I:ol' ~ ~ _':L / I " , iJ..J. :['1'): - 'G,.,,;, ", (7/ L~~L r {..i:<t/!j',. ,'~,i,' 1"",oI~.1 I., H ,. ,.. 'Iif ' 1~,~r(J'1~1l "'n, "1.....1..1 Rf ,f!). '~.~' . ~. OFf''''^ connED ,'.\ '(I')' ;,,~.'.f..,".r'i,I.~I..(',.l;li~""'1 io ,11. COl.' i[11 f :R~r(;n.PI~OJK ,II.), r'H;uh.~(..,' ,~. I , ,'(;ID.\ :rj: Frn 1 2 'm' ,~I" '1..,_.:. ')'."' _' J" . ~3 PH 'h3 :.;.: ro. H.~nr"'['~~r;.COTT (I) (I) / ,. .i./ ;-' r.l[,~' 0'" , Jr:> : '..' '4' ",,&"~1-.)' (;;.-r_"-:;",L-"f( (.....:__ '!;':OURT ,.. :@ ijA~I', OF fl.olW1A ~~s: :r~): .' I Vj 'IlJN1" PI' IlMII, [I) 00 W ;~; I lIf'.ln.:I,Y n:Wflf'\', n.., l>" 110,. r1!:-1.1 ..._.r..y "I ~__f.~_hr~I~l"..Y. A,Il. 19.6)_ :~: '(fi' ".1.." '"' pr'''.nAllf '1'1'.mJ ...___..~.4.~.r~..9,~...~)Q_~,~~_..___,,_~ ....1 -~.~!~-~.'--~:.~- .~-:--;- J!)I ','t' '''I.""..ly I"~'''I.", ~n,t ...."I~I"'y..1 FlKST 1'\.(11\10<\ I(~.^L 1',S1'<'1'f, ~,^ll't. INC.. A ('or1'<lloll<>n "".1.1 lhf I... ,.llh. ~lflr,~1 I:!.. 'I')' , I"",r., ..",,,.,,, I "H~"AII". j" 'II.. .\\11 r."" lac.,. Flnll,J. I "'I'n,..iu, ,,,... .."..... l~ h. \10, r..."ao """ ~'A~'J.lb"ll>"A"..~'..,_'rll I ,1..,1." ,n, ~ "Ih, pl' .,,,,j """,111, .'\n"...I'.I~..1 lht .... ~I",. 'n.t....IIO h. Ih.u ".. .n OMJ n..,1 .l .u,k "lIlu,~ "" llv u....,f\I~,'~' ~.' '~'.' 1''''1~'''' Ih~", ," ,,,r,,t"'~r,l ,,"ot lh.. Ih~~ "rrl.,,1 Ihr'~11I !h. ,.fflClAI ...1 nr .01,1 (1't1"'l,AIII''', ."',llhOI Ih. ..1,1 d~.,J 4-Jf.,("."'w.,f. '>~' 'Iii' ",..1 "I ..".1 ''''I~:<.''h'''. . ~.' .:.;...., ,~\, U....l1. ,'. '11'1'\I'S~ ".y """,ll.'. ,.",\ "lh'l.l .,,1 ~, ~I'A"'I n..rn I. Ill" (:.....M~ 4f [1.,1, .".1 Sial. nl ~1'''I,h 110. .-I.,. o~~ 7'!'<' 1~"I1".I~....,_ :,':' ...., ".., '. ....:" '_J ~'" (I) . ) 'I.. ,,'\ 0" r.) .', ;8-:. )IOT^RY MJCUC. s.un ~lnflRIO,l, {jlJ.ME( 1'. r' L.L..~j___,.."'~~L-:.}L~_,J:~_~.";";_~ ,', (I) My 1""101<"". .'rll.\\y Cf1MN.IS:;IU~ lXf'IUS OC1.1G. U'"' INOUI"l' r.hlJf ~:;I.I#DI FlnlY. Ll Io,.t....,,'.,.., (~,,"'.(~ l."'HHlh' ''''(lW, "''''h''G.fl' . '. It '......", Atf' 'H' ....... . . - .. .~.. ~ .. . ~___' ~~.f................--..r~.f..--.~~'='....,..~i '.1. ~::S~:eS:t~S:(8:(:=';:t:S:t:8II!3:l1S~%~E:t;S;Z:.=,;1:S:S:3::t.:..~:t;~: :.=.t,j~~: ~.::-..: ':'~...~~':~l ; Agenda Item Nd'~ 1 of2 July 24, 2007 Page 38 of 269 Division bf,Corporations Florida Profit JAIME TRUCKING, INC. PRINCIPAL ADDRESS 110 JUNG BLVD. W NAPLES FL 34120 MAILING ADDRESS 110 JUNG BLVD. W NAPLES FL 34120 Document Number P02000033685 FEI Number 020561724 Date Filed 03/21/2002 State FL Status ACTIVE Effective Date NONE Registered Agent Name & Address OLlV A, JAIME 110 ruNG BLVD. W NAPLES FL 34120' I Name & Address II Title I OLlV A, JAIME [] 110 JuNG BLVD. W NAPLES FL34120 Officer/Director Detail ~ 11 I Annual Reports Report Year II Filed Date II I' I http://wv.'W.sunbiz.orglscriptslcordet.exe?al =DETFIL&nl =P0200003 3685&n2=NAMFWD&n3=0000&.., 7112/2005 Division of Corporations 2003 2004 2005 II II II 01129/2003 02/04/2004 01/28/2005 Agenda Item ~al!:e2 of2 July 24, 2007 Page 39 of 269 I: Previous,Fllingj [.Retumtolist J No Events No Name HistOlY Infolmation L . t-JextFiling] Document Images Listed below are the images available for this :filing, 01128/2005 -- ANN REPIUNIFORM BUS REP 02/04/2004 -- ANN REP/UNIFORM BUS REP 01129/2003 -- COR - ANN REPIUNIFORM BUS REP 03/21/2002 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www,sunbiz.orglscripts/cordet.exe?a1=D ETFIL&n1 =P02000033685&n2=NAMFWD&n3=0000&... 7/12/2005 ? Agenda Item No. 70 July 24, 2007 CU-2005-AR-801J6Ige 40 of 269 PROJECT #2004100065 DATE: 7/18/05 HElDI WILLIAMS AFFIDAVIT , We/I, 3Q,.\ ("\ e.. 1) \', va.. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the svbject malter 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 know/edge and belief. We/I understand that the informotion requested on this opplication must be complete and accurate and thot the content of this fo,-m, whether computer generated or County printed shall not be altered. Public heorings will not be advertised until this application is deemed complete, and oil required information has been svbmitted. As property owner We/I further authorize Coastal Enalneerina Consultants, Inc" Calusa Coast Ecoloalsts. Inc" and H.L Bennett, P,E., P.L.S. C.C.C to act as our/my representative in any motters regarding this Petition. Signature of Propel'fy Owner ~~O~ Signature of Property Owner Typed or Printed Name of Owner --s4\M F () l: VA Typed or Printed Name of Owner #'/- ~ foregoing instrument was acknowledged before me this -15-~~ day of \ u A. )C ' 20.Q,S?-;by o C.I '.4 f. 0 I_I' () c'\ who is personally known to me or has produced 'F(, elf' i vt.,r- ~ / i C t...lJS( as identification. cf)CM Q<1 (Signoture of Notary Public - State of Florida) \\\1"111111/ Karen J. Taylor .' ." 'u.". D'5"" l~?'A';''fr.,~~ Cornrniui~n # D .) J~Q;) :0.' J!Ilk :;,Exp;"': oC'!, 01, 2008 ";.~~";~",,,'~~.l ~od~d Tnt'll -. "'"fr~I~\'\\ Atho.ntic BondiDZ Co') t~int, Type, or Stamp Commissioned Name of Notary Public) State of Florida County of Collier AP1>>UCATlON FOR PUBLIC HEARING fOR CONDfTlONAL USE - 4/14/03, rev 9/20/0-4 CU-2005-AR-8046 PROJECT #2004100065 DATE: 7/18/05 HEIDI WILLIAMS Agenda Item No. 7D July 24, 2007 Page 41 of 269 " TRIP GENERATION REPORT CEC FILE No. 04.270 SECTION 26, TOWNSHIP 47 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA PREPARED FOR: Jaime Trucking, Inc 110 Jung Boulevard West Naples, FL 34120 July 2005 Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Telephone: (239)643-2324 Florida Engineering Business Certificate of Authorization No. 2464 PREPARED BY: ~ J. ,d;;J Mathew M. Dickson, P.E. DATE: II" /65' ~e--~ REVIEWED BY: C' - 4U Clayt . Miller, P .E. Florida Registration No. 46972 DATE: 7-1 ( -os-' tIDATA\2004104270\TlSICl4270 TIS 20050702.doc . Agenda Item No. 70 July 24, 2007 Page 42 of 269 Backl!round This report is in support of a request for conditional use # (g) of Section 2.04.03, RFMU neutral lands district for facilities for the collection, transfer, processing and reduction of solid waste, The project site consists of 9.15:10 acres and currently has a vacant land use. Located within Section 26, Township 47 South, Range 27 East, Collier County, Florida, the property is bounded on the north by Wild Turkey Drive and by agricultural land on all other sides. Access to the site is provided by Wild Turkey Drive, approximately 0.62 miles east of the Immokalee Road (CR 846) and Wild Turkey Drive intersection. The property address is 1340 Wild Turkey Drive and is identified by Collier County with Folio Numbers 00110760502 and 00108120002. The conditional use will allow the devclopment of a horticulture recycling facility on the subject property. The recycling operations would grind plant material for use as mulch, as well as provide stockpile of logs for making lumber. One employee would be on the premises during normal operating hours of 8 :00 am to 5 :00 pm Monday through Friday. A maximum of 5 dump trucks along with 12 to 15 roll-off dumpsters would be stored on site at any time. Existine: Roadways The only access to the site is Wild Turkey Drive which intersects Immokalee Road (CR 846) about 0.62 miles to the west. Currently, Wild Turkey Drive is unpaved and provides access to other agricultural and earth mining activities in the area. There are no other roads adj acent to the property. Wild Turkey Drive dead ends, so all traffic entel1ng and leaving the recycling facility will use Immokalee Road. Traffic Impact Statement For the purposes of this analysis, trip generation rates for the proposed recycling facility are compared to the average daily traffic loads of the area as determined by Collier County Traffic Operations & A TM Department for years 2002 through 2004. Specifically, the portion of Immokalee Road that is of interest for this analysis is described within the Collier County average daily traffic count reports as Station 671- Immokalee Road south of Corkscrew Sanctuary Road which is within 0.5 miles of the intersection ofImmokalee Road and Wild Turkey Drive. l:\DATA\2004\04270\TIS\04270 TIS 200S0702.doc Agenda Item No. 7D July 24, 2007 Page 43 of 269 Anticipated trip generation rates are based on the Institute of Transportation Engineers (ITE) Trip Generation, 6th Edition. Although the ITE manual doesn't have an cxact match for the specific use of a horticulture recycling business, the Truck Terminal (030) use was chosen as a base model for trip generation, In addition, the past experience of the recycling facility owner has been used to compare trip generation. The ITE Manual defines Truck Tenninals as facilities where goods are transferred between buck, truck and railroads, or trucks and ports. This use is illustrated by the ITE Manual to have an average trip generation rate of 6.99 trips per day per employee. This would result in approximately 42 trips per day on the average for the recycling operation, assuming 1 employee on the site, and 5 tfllck drivers. In comparison, the Collier County Traffic Operations has determined that the average trips per day on this portion of Immokalee Road are 5,492, 6,003, and 5,348 vehicles per day for the last three years of 2002 through 2004. This shows that the recycling operation off of Wild Turkey Drive will increase the average daily vehicle trips on Immokalee Road by less than 1 % from the year 2004 to 5390 average trips per day. New average trips per day compared to 2004 County traffic report .__.__...~ ~-----_. "-.-..--- --"---_.~ -, Measured Average Recycling Total Percent Increase Year Vehicles Per Day Facility 2004 5,348 42 5,390 0.78% According to the owner of the facility, by their experience, each dump truck within the facility tries to deliver three loads of matetial per day, This would result in 44 trips required per day on the average if the assumption is made that the one on-site employee anives at the site and leaves twice a day, each truck driver anives at the site and leaves once per day, and each load hauled by a dump truck generates two ttips. This comparison is consistent with the average trips detennined using the ITE Manual, and also shows that tbe recycling operation will only increase the average vehicle trips per day by less than 1 % fi'om tbe year 2004 to 5,392 average trips per day. (,\DA TA\2004\04270\TIS\04270 TIS 20050702.doc Agenda Item No. 7D July 24, 2007 Page 44 of 269 Average trips per day Trips In Trips Out Total lOn-site Worker 2 2 4 5 Truck Drivers 20 20 40 6 Total employees 22 22 44 New average trips per day compared to 2004 County traffic report Year Measured Average Recycling Total Percent Increase Vehicles Per Day Facility 2004 5,348 44 5,392 0.82% I ;\DA T A \2004\04270\TIS\042 70 TIS 200S0702.doc Subject Property Location Map Agenda Item No. 70 July 24, 2007 Page 45 of 269 ! ".1. I i \-\ \ ' '. / ! .. \~.'\ ',J~--l~-( r i- i I '.' ',/11 i ,...' .'. '..' '[l~_ i i ['i,;! j ,',,", . ... ....... - .' "'N jeL! ! ! ." [rj) , 'I, ~~,.:[lJj ..... ", I 0 1":_ . n,,--, ,. .. ~-- - - / SilL] r I -2~,'.'" [~.... 'r' -'-. "0'" .... .. - '1 [ I!:' , - -:.. ---c. "...1<:,__ _...: _ cc+L )'_~ . i.TcTl~- -,i:<C<:<, - - "f L _i-- .~ - -- -,~,-;,'-.. l'A~JN,.L .-''-''o''-''''I.:J ~ -to' _-'~~ -n,r::~ ,,"--]'/2,-;", ~J:P: :',' -II,~rl f, - -j ~:- -r j' l- P ,(: --~:: _-:-= --! - - ^, -: -,.::; j_'lr,,-".J fin"" '- W" --J - LJ'- t-.;'- =~~.,~~C'--~c.-;~b~.-=-- ''':=;r'''>:;;L-.~,- -_ ,/ - JDilii<iIJ"-.Ri::cL..l:'~-] - \ - ,~: - . :;'-'- -.. ~ (::::> "'~-ct _ ~ 7r ---~ \ 1- co: . 72rid Ave NE:: --;;- - I o~....._ O;;~,;,"-iA) -=. · ",-c) -'-" . ......' ','" Il.~;';~ c;;-"=frf c-'\'::''C7Oth AC;;NE'- n.. - -- -'. -.', ..~. Si _ ^ . L. ../.... ,,"'...'. . . .' - ,~..- -J""';h :"N~ -. --c:. I' _-'~,,:- ,..,-.-=- 1_.;'C'+::.~'L7;C;'__:_- I> \,S)S_~;:;NE CI~' : I( ;; ~E Te",,_St~r_ --c. '_ _ C__. .'i.': C"\-\C\_\"\\')::~/A';:O N:,,_~:_' :1 "-=-: "0. - ..,. ~. - .. _.-- .-~~_: -_~ '''--.. --. __ ._ .-~: .-- ~,_-__ -) \.!:)' -'\~.:... '---\-"\-:-\'.~6Otl; AV;I';;iE..;..o ----:-.:.,- ."_n -- - L ~';,~:,~~-"c,.-;"r-,:,-~- _ B.i ~"g::c C.{ !r... ~_:.~,.sl~,~~be~~~i~:rY Drivel '~~e;:;h~f ~_:~':. :~- '.. 'e . ... -_1. Bon1iab~aCh Rd:.~_.~. '",: - . .. - - ....ill. I I r - . ..... ~ ' : --_, --I .:- -- : -- - -' _ : f' jil: c: J. -, erl) --l \.--;' LC ,. k:nd A1:' ',; ,- ': ::'1 -"_= --. - \: -- _ c::" , -. T 'h'- e ~ ~E - v - ~ ,1- g J! ~!}, e~ $\ ... .:' :_1 ! -' \;em; Av~:"~> .' .. .. .....':: ..'.. -I - - ... - .. -. - - - --... - - '"...' - - -1\1 ~' '" l't'- [i;'= ~., ~:~ Sl - - .' - " \J I:-='=--:::-::-::-''''~~-~;:''--,:::- :.~:~ ~:o-:~i""-:'- ..J:- .... " : :"~~~' ~~..fi~ ~~:.... ;i\i"';~ 1-- - ~-;~h ~~~':-" ~ - '- , '43rd ve NE ". -... -- .,- -.... -I.. ,'.' 'Ii' ...." 1<'" ... I ..., ~. - --_:: - .... ~ ,".. . 41s1 Ave 'NW'I - 1 I. - - ,:: ~ -::']"--ifSi'Cdv, 0f-le_1 -- -r' _m --', : _ ~ - -1"OIl,-'Aii;;;::"",i'1.. ~ Ill'ri' "--- e . _ _-', --,,:~_ '::- u "::.. ~~~-h-7r-7) Ip-IlILAY:~"'''+ ~~II_-: -c --, ir~ :-;~thA~~--~~!- II ..- - : ',"- -.. - - - - ( ;'-, I 35th Ave"'^' . - - ;r~Sth -Avo NI=^.. - :.'. · - -.;. - --: ) I Jr-,J}33rd -Ave NW I __ - - .-=- - J, IIllRd L ~" : -;-= -~- - County_ !i!Y.!i_~ ' - ... ,- -=-..i.-::. -:-~J- - ~.-I~'1J_ILj~ ~ 0.ll\[ ~--l--- .' r ~II ~ . ~.Wj,~,,~. '.. ;- ~ :Qfi~, - ve NE IEf _. -- - -- :- _ -~ -:- - ~. -- -! ):<; J ~- ,c. - ~'" ,_ ~ C01 (J) I \ - t _ '::- \.. ~I _ ~ C,." _" _ ' - j -; . gl. I - ',- - -~I. _ __ _ --r. ,< _ _0 _ CJ .'~ ~ _ _ I, -- JinQilikale~:Ri!\1 "',''''''',,1 - Jrf, Avo' ~ ill '1;:;;;:\". IiIO' ~u .~v N .. _ ~. ,640 -, JJ ,. Oi. I ,-- , ' ," ~ c I' ,:,< c_ ,-' - - c ~-;.,.,,, A;~. .l"..' - ,. hE" ~, '.r nd Ave N~ -.......':h'.C:. ":'. "-~_~I - -~..cctic ... .-.. - --,. - "', n Z. ,-"': -- - : ..1 'C_". 1;-;' r ...+ ' .. _ -. "'- ~"-^,,^ "'" ""k .", NE , m" ~ V n-- ""';".""11"-: ",. '\.... ~ I " - -. - ;.:,". ," - 1.:'."._ -." -, - ... .~t'::':';'~" - ~_ ;0..0,'_ _~ :'- ~ _ - _ _ - - t.,....e' ',i1 R''''- 0.\"1'" NI" --- -- - ,'---.- '~~~,,)lf","~.._..:c oii'.iTn - u V -I --. - VB'-' ~~Ii'Ave:NE"_-""-'~ J~L~i'j;~ ~ ~,-,-"- C""'__ ,- "':~w " ,.<- -".. '"-"- ,~~:;r~c-~ 1--:;-0::. IE:" --"~"H.. -. .':';-;;: ""'NIM '~?Ih~;,'INFl2i."h",.,,,,'.:.IJ~':"~.'.'.~~e...,. .:'.:'...... .... _.. I....ch P'-"__~. '.- ...- . " . L . ... ,. ,..C.. I,~.. .I~ . . or __, . ... . ...... I~'." 1 ~~!'':'~"" . "',,' ". .-. ", '?Ih Avo'"W hOt" A,,''''O' .. mn "vo'N" - . H '__ .--... 1'- I,,'\~". -:'1 ""-.' . - H' .... .... .. ..L .._ ,1. n ...._ _.' . .. .'. ._ . _ Copyrighl @1986-200:1 Mlcrosofl Corp. .and/or Ita suppliers. All rights reserved. http://www.m!croeolt_comlS1rssts @Copyrlght2002byGoogr<,phic Data Technology, Ine. AU rights rllStlfVod @2002 Navigation T ochrlologills. All fights res&lVod. This dela Itlctudes Informalion lakM wllh p9rmlsslon lrom Canadian authorlti9S@1991-2002GovernmentofCanada(StatlstlcsCanada and/or GeomaUcs Canada), all righls reservlJd. Omt 2 3 . Collier County Department of Transportation Operations Golden Gate Estates Area Traffic Count Stations ImmDkalee Rotd CR 846 -635 , 626 '677 Oil W.ll Road (CR 853) 58 674 676 75 lllvd D . E . v . 67 . 3. t 36 52 . . CoLlen Gett: Blvd. & 661 1 37 B 39 B a 1 1 d v v . d d . B 1 v d N Page1g of 22 Comp ., LaL. Rd. "672 Agenda Item No. 70 Julv 24. 2007 Page 46 01 69 41612005 Collier County Average Daily Traffic (ADT) Counts (Five Year History & Listed Alphabetically) Agenda Item No. 7D July 24, 2007 Page 47 of 269 Sta. T' Locatlon 2000 ADT 2001 ADT 2002 ADT 2003 ADT 2004 ADT Change 03- 04 504 Q Goodlett. Rd (CR 851) south of Golden Gat. Pkwy (CR 886) 32,554 38,707 37,364 37,720 36,243 1.39% 594 Q Goodlett. Rd (CR 851) south of Immokolee Rd (CR 846) 14,602 It,366 15,348 12,31t 11)806 -4.10% 596. Q Goodlatte Rd (CR 851) SQuth of Orange Blossom Dr 20,533 24,426 20,193 0 0 0.00% 506 Q Goodletto Rd (CR 851) south of Pine Ridge Rd (CR 896) 31,874 35,934 33,746 31,450 29,681 -5.63% 642 Q Green Blvd east of Santa Barbara Blvd 10,346 12,153 13,100 13,862 14,261 2.88% 643 Q Green Blvd WElsl of Collier Blvd (CR 951) 6,135 6,946 7,833 7,893 8,582 8.73% 583 A Gulfshore Dr south of Bayvlew Dr 5,172 6,543 5,961 5,545 5,723 3.21% 714 S Heathwood Dr north of San Marco Dr (CR 92) 6,920 7,190 8,344 6.916 6,711 -2.99% 715 S Heathwood Dr south of San Marco Dr (CR 92) 5,366 5,745 6,093 5,459 5,515 1.02% 675 Q Immokalae Rd (846) east of WIlson Blvd 16,208 17,913 21,482 23,577 25,970 10.15% 625 Q Immokatee Rd (CR 846) east of Goodlene Rd (CR 851) 34,271 37,278 38,702 40.590 45,385 11.81% 567 Q Immokalee Rd (CR 846) east of Airport Rd (CR 31) 28,939 30,591 39,031 44,916 461051 2.53%. 593 Q Immokalea Rd (CR 846) east of Callier Blvd (CR 951) 18,361 19,799 22,138 24,231 23,363 -3.59% 568 Q Immokalee Rd (CR 846) easl of 1-75 (SR 93) 28,242 33,077 34,565 36,579 42,933 11.29% 566 Q Immokalee Rd (CR 846) easf of US 41 (SR 45) (Tamiaml Trail) 34,082 40,344 37,742 38,985 42,086 7.95% 620 Q lmmokalee Rd (CR 846) north of Stockade Rd 7,870 8,529 8,848 8,665 8,217 ~5.38% 586 A Immokalee Rd (CR 846) south of Oil Well Rd (CR 858) 11,994 12,504 14,950 16.537 18,465 ~O.3111/o. 565 Q Immokalee Rd (CR 846) west of US 41 (CR 45) (Tamiaml Trail) 15,142 0 17,305 17.461 18,991 8,64% 656 Q Immokalee Rd (CR 846) west of Callier Blvd (CR 951) 15,346 16,083 21,489 25,787 27,431 6.36'(, 672 Q lmmokalee Road (846) 2 miles east of Everglades Blvd. 5,125 4,733 4,808 1.55% 684 Q Immokalee Road (CR 846 East) 3 mlles east of 29 South New Count 2003 1,382 1,434 3,73% 679- Q Immokalee Road (CR 846) west of 1-751SR 93) New Count 2003 39.775 45,345 14.00% 674 Q Immokalee Road (CR 846) west of Wilson Blvd 16,702 17,900 20,460 21,360 21,277 -0.48% 677 Q Immokalee Road East of Everglades Blvd 5,086 5,224 5,205 -0.37% 671 Q immokalee Road south of Corkscrew Sanctuary Road 5,492 6,0331 5,348 -11.37%~, 631 Q J & C Blvd west 01 Airport Rd (CR 31) 12,033 12,157 12,040 11,946 12,131 1.55% 614 A Jane's Scenic Dr west of SR 29 786 902 1,011 998 705 -29.36% 707 S Kendall Or west of Collier Blvd (SR 951) 3,033 3,126 3,135 3,470 3(454 _0.45ll/0 609 Q Lake Trafford Rd (CR 890) west of Carson Rd 6,269 6,759 6,547 6,679 6,320 -5.3811/a 551 Q Lake Trafford Rd (CR 890) west of North 151h St (SR 29) 11,482 12,265 12,004 12,280 12,337 0.46% 673" Q Livingston Road (CR 881) north of lmmakalee Road (CR 846) 3,230 2,840 t6,344 475.56% 686 Q livingston Road (CR 881) north of Radio Road (CR 856) 12,136 16,466 19,083 15.89% 687 Q Livln9ston Road (CR 881) south of Golden Gate Pkwy (CR 886) 14,578 23,314 27,696 18,19% 690 Q Livinston Rd (CR 681) 1.5 m north of Golden Gate Pkwy (CR 886) 5,192 20,947 29,759 42,07% 587 Q Logan 81vd north of Pine Rldge Rd (CR 896) 10,656 11,358 13,147 11,683 10,094 -13.60% 588 Q Lagan Blvd soulh at Pine Ridge Rd (CR 896) 31,065 31,182 34,207 29,278 29,523 0,84% 654 Q Logan Blvd soulh of Vanderbilt Beach Ext.(CR 862) 8,594 9,370 10,984 9,682 8,147 -15.B5% 664 Q Main 8t (SR 29) west of South 1 st St (CR 846} 12,835 13,351 12,944 13,451 13,627 1,31% 658 A Mallatee Rd east of Collier Blvd (CR 951) DISC DISC DISC DISC 0 0,00% 723 S Manatee Rd easf of Collier 81vd (CR 951) 4,255 4,568 4,802 4,310 4,786 11.0301 612 Q New Market Rd (SR 29A) east of North 15th St (SR 29) 7,414 7,875 7,763 8,137 8,633 6.09"l~.. 550 Q New Market Rd (SR 29A) soutll of Broward Sl 7,835 a,269 7,968 7,576 8,405 10,95%1 Page 3 - 8 of 22 41612005 y or-a> r-O", ON ON__ -.-. ~ 0 CO ..,. - --Q.l .:::=:s rn Cll'Cll -0 0.. r ii! Ol <( .:'_.;.::a.up ,"""" 'J~"r._W~ "'J.... .. ,:.'::',......J,r ~.~ 'W . '00' -~ -. VM10 N'tld IN::3rid013A](] 311S lVn!d3::>NO::l 8NI1:)A:J3~ Tvi:!flllnOlli:!OH GNV DNIH:JlnVl =- ......~, "IOUUUUU U ~'<I><C<<;{<< <<( U~I(lNO""" !() ";<IllW o III 0.. ooo,..;ci..t ]]11111111)1 w z :5 " o ~ ~ 00 00 C << l~~ ~~5~ :::. t;<l:;i< ~ ~ ~~~~ t ~ ~~~go~ ~ ~[*~~* g z ~ SOO'34'32~E 656.94'(S) I I ! I IH \ I , < PROPOSED DUMP 1llUC~ PARKINO/l.REA g , 8' ". U ~ ~ ~ " . " e ~ ~ " ~ ~ ~~ ~ ..\:~ ~ x < '. 00 ..~ ~~ ", o ;0 " ~ .~~ SOCJ39'Sl-E666.73'S ,"'OO'~I''''''I''OO uo 'U.~-l 1""'''.&uIJ.."'Dii'OjO....~- ,m~::~\:~ ~~~d "fH"t DP~OI.i "."'.N "'\'ll 1.i.6' .."'. -::.;~'u::: '. gm ;~T~"::::u.~ _ ~ ,.--=. I SlNVllnS~~ ~!J~.i@!" : ElNI"l:I33NlflN3 II ':"1I~": s i lV1SVO::l 1lIIIIlII~= ~ ~ :...""..DUIUU'k! 'n1IJ.l_"".S_31"'~ ,~~:~",.,",\D~ 1::~ , I &u~'O\l1D" (' 7 , , w ~ > o. ~ . U Q 'ii~ g~~ " r L;:';;: Jc2 w ~g . . ~ " .0. 00 "" ~~~ " o. ;, .. ~~ 9 ~ - z- ~ " ;, .. I l I " 1 e" ~. I x. r I I ;. o. (ru rz "" >. cz I ..;v; , 0 "0 0< <N Eill. o. I ,z o~ I~ S~ \ I ~ 0 \ I" \ . I~ z E ,- ~;:5 I~ ~~ . ~ V\ avo~ SS3::JJV 03S0dO~d , ~ ~ ~ ~ :; ~ Agenda Item No. 7D July 24, 2007 Page 49 of 269 WilliamsHeidl From: bedl:elyorU Sent: Friday, November 04,2005 2:56 PM To: 'WilliBmsHeidi Subfect Oliva Mulching &, Recycling Facllrly CU-AR-S046 Follow Up Flag: FolbN up Flag Stahl$: Red Heidi. For the record, I had a phone call from a Mr. Eric Hestler ,'..-bo ~1ated that he and Janet Snccdcn who reside at 540 Platt Rd_ oppose' the petition. limla aMtelyon CommunIty Planni:'lg Coof(lmator Commun.ity Oevelaprnent & Environmer.tal Ssrvices Division Administration 2800 N. Horsestloe DlTIie Naples, FL 341D4 23!J"2i').2'i148 FAX; 239-40.3-2395 , Agenda Item No. 7D July 24, 2007 Page 50 of 269 WlUiamoHoidi Fl'Qm: Sent to; mau:reen bOMK'S [bCnness@lnflol\!Jflenetl S.unday, JunE!' 1 t, 2006 e:4t PM StralnMark: pm'k!ne)'@~li1lf.org. oor$it~,com; Vigliott.iRobert; TllffRu:s.sell; Sctli'fferBrad; ReedCaronOonna; lindyadet@cS,com; MUrr$yRobert Cc: CalehJtm: 1NI1liamsHeidi: Dou~la$WiI:SOf1@earthlink_net 5tlbj.ct: Oliva Mulch laCiJlly Da1.e: II June 2006 To~ Collier County Plaonin& COlrunission From; Maureen E'lQnne:ss Corkscrew Island Neighborhood Association, chairpenon of the Mulch Col11Il1ittt:e RE: Oliva Mulch &. Recycling Facility CU.200S.AR-S046 (June 15 C"'C'IJC agenda) Dear C.ommis:;ioners. You will be bearing a petition on June 15 for a conditional use rot.i\ proposed mulch a.nd recyclinc facility in my ne~hborhood. Although many neighbors {'I]:'l'POse this proposition, do nOl expect a mass mailing, The neighbors have chosen (0 participate through the Corkserel,l,.' Island Neighborhood Association (CINA; > 1 00 rntmlber.s). CINA sWdied the. propoosaL A comminee was cstahlished, lJll':etlngll ~'Crc held, near neighbor.; were surveyed, more meetings wcrt' held.- etc.. and finally, members of the Association voled oVf.1"W'helttiinsly against the facility. Ple-.ciC read the attacb:::d mat.erlal from the Mulch CQrnmittee report. which includes. a summlitl)l. 'lconditions" requesttd by CrNA. and r:::sults ofll. neighborhood s:I..lr'o'ey_ I was disappointed that county !Ot.:.m fe.:ommended approval (If the facility. Below ate $Orne demils that are not included in the swfreport. The proprittOO'S (If lhe mui:;h [llCilhy illel;Jl.H)" clewed their prop::rty of rwliw; pine fore&.1 and set up their mulching operation \vllhout permits until Code Enfurcemenllt,ld them 10 stup. They sll,pped te1Tij'\{lrnril>', and oontlnued to UHlich lmtil caught severa! more times hy Code Enforcement. There are multiple code ...lolatiol13 pending. TIley lmw: ptmM:scd an adjacent p:I!'Ce~ whicb has since become winther suhject.of.ll. c.ock' violation as Oli,'as- C::/'i.pand their fl:u:ility without legal (;Qn~idr:ratlon. The OHV3S were invited to CINA meetings and Mulch Commlnee m~tings. A Spants'tH;.peaklng person was enlisted on the Mukh Committee:: to accommoWltc: the Oh"as. Olivas were mailed a copy of the Conditions reque%ted hj' the C'~mmine:e. To date, th~c been !}Q response from tht' Olivas. Considermg the pl;P.'ii~knt bisl(.lry u[codc vioiations. and lad: ofinteracticm ......ith the Nei~hborh(1'od Association, t.h~r: is. understimdably,lil1lc reason 'Nh>' neighbors should \.veleot'm~!.he facUlty. Ynu., 1he cepc, 11lay sped!)' conditions fo!' tlli.s fad lit), if approved, bul we arc doubtful the Olivas ....ill comply with the conditions. Our WCaICs1. eone'ell tS nQise. Some ofClNA's "Conditions" (~C belQw) oodress this matter. to anemptto l'eglJlll.te the vohune of noise. und. the hllurS. of noise. Please consider the CondiliMS 1hal CINA has recommended 6112/2006 Agenda Item No. 7D July 24, 2007 Page 51 of 269 Please WSCI consider the fol101.oving condition; wrhc conditional use approval shall be re\'iewed eYe:}' Jive rears 10 determine wbether additional stipulations or mitigation are necessary to insure compatibility ",,'ith other propt'rties in the area and to asStlI'C publit health. safety and welfare i:; adequately addressed. In the c:vl;n1 oflhe inability of Dcvdopmc:nt Servi.ces and applicant to agree upon additional stipulations or mitigation. the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. '" I~ and many of my neighbors, condone varied agricultural uses of neighbors' prop.::rties. However, mulching is an industrial use that has strong deleterious effects (noise and odor) that is far-reaching end ma)' affect as man)' as )00 parcels. TIle gain oftbe facilit)' is for one man's profit, not the benefit of the community, nor the Count}', I will be in anendance at the cepe meeting on JW"Ie 15. Respectfully, h4aureen Bonness . Agenda Item No. 70 July 24, 2007 Page 52 of 269 WilfiamsHeidi Frvm: Sent: l'TlaUl'fIen bonlle5s [bCMe$S@lmlonlme:.net] MOnday, June 26, 2006 11:36 AM Robert. Andrea 'M1l1amsti&idl~ BiglsJanclSm'@aoLcom.oouglaswllson@e.a.rthlento.net dartenejOn($4.4@comcast.net; Iyngrace@naptes.net Rme4pjfl3@CS.com SUbject: Re: Oliva Mulching SiMt demonstrabon To: Cc: Dear Mr. Andrea.: If your offer had come seven months ago ar the time of the N:ighborbood Infonna1ion Meeting. or six months ago, ",hen you made a presc:ntation to our m:mbersrnp, or tluec months ago, while Q'UT committee on this matter was still deliberating. or even two weeks agO', before the CoHic:r Count}' Planning Commi:.;::;ion acted. or M)rtlme bctv.<een those dates. we would have accepted with great interest But during. all this period, tv.'o things have been true~ Your clients: MVf refused to ilpeak to our memhel1i.bip directl)'. sndyour clients have defied the law by continuing operations when the}' kne'''' it was oot permitted. 1 am unsure of the putpoS<: of do.ing a demonstration at this time. The neighbors who are most affected already know exactly what it sounds like! And that is prlXisdy why they art: opposing it. The demonstration is ob\<lously meant forpcoplc that arc not ncar-ncighbors:. fuviously when 'We requested a demonstration with dc:cibc! monitoring,. you were unwilling, SlI)'lng that th" facilit~. could not do- illegally. HIlS S(lm~thing changed to make it legal oow? After montbs of fact-fin.ding and deliberations. the CtNA membership has voted unanimousl}' to oppose the nlUJcll facility, deeming this industrial use of local property as inappropriate for ow- nei ghborbood. 'The members were abo sWDycd against the facility by the property O'ol.'Oet'S tepeated defiance for the lega.1 process and unvtiUingnl:SS to participate in CINAactivi:tics, There is no reason for members to expect the ownc:rs will UC1 differently in the future. We beliew the recommend.ation or the Collier Coun.ty Planning Commission to deny the conditional use permit is correct, and we intend to support it before the Board of CoUilty C-om.missioncrs. Your c:licnts are most welcClmc: t.o attend our next CINA membership meeting on July 18~ 7 pIl1; in the classroom ofCQrkscre-w Swamp- Sanctuary. l!ldccu. the}' are invited tQ join the neighborhood association. Sincerdy. Maureen Bonncss Cl:1.air, CINA Commi:ttoc on the Oliva Mulch petitiali M.E:uree~ We will be providing a grinder demonm.rauon at tht: Wild Turke}' site and WQuld like toO C}..i.end an invitation to Y()l.I: and anyone else from the C.orkscrew Is.llllld Nei&hborbood Association who would like to attend We 'will demonstrate how the machine works as ",ell as perform 8; decibel reading. 612612006 Agenda Item No. 70 July 24, 2007 Page 53 of 269 , Oliva Mulch I CINA Page I of2 WilliamsHeidi From: maureen bonness [bonness@infionJine,net) Sent: Friday, July 21, 20061:06 AM To: ColettaJim Cc: WilliamsHeidl; DouglasWilsan@earthlink.net; BiglslandBilI@aol.com Subject: Oliva Mulch I CINA Attachments: CINA Conditions, survey 7.20.06.doc Dale: 20 July 2006 To: Board of Collier County Commissioners From: Maureen Bonncss Corkscrew Island Neighborhood Association, chairperson of the Mukh Committee RE: Oliva Mulch & Recycling Facility CU.2005-AR-8046 (July 25 BOCC agenda) Dear Conunissioner Colletta, Yau will be hearing a petition on July 25 for a conditional use for a proposed mulch and recycling facility in my neighborhood. TIle CorkscreVl'lsland Neighborhood Association ceINA; >150 voting members) studied the proposal. In December 2005, a committee was established, property owners were surveyed, the committee developed recommended HConditions" (see attached) for the permit, and the proposal was discussed at four CINA meetings, The Olivas and their representatives were invited to CINA meetings and Mulch Committee meetings, A Spanish-speaking person was enlisted on the Mulch Committee to accommodate the Olivas. Olivas \vere mailed a copy of the Conditions requested by CINA. The Olivas and their representatives have not attended any of the meetings held since establishing the Mulch Committee, nor have they corresponded concerning our recommended Conditions, Results from a survey mailed to property owners v,~thin I mile of the proposed facility are as foUows: 75% of the respondents are opposed to the facility; 10% don't care; 15% support the mulching facility. Comments from respondents are attached, The proprietors of the mulch facility have been the subject of multiple code violations. They illegally cleared their property of native pine forest and set up their mulching operation wlthout permit,> until they were stopped by Code Enforcement. They resumed mulching until they were caught several more times (witnesses include Ms. Vliilliams, on your stafl). They have purcha\ied an adjacent parcel, which has since become another subject of a code violation as Olivas expand their facility without legal consideration, Members of CINA voted unanimously against the mulch facility proposal. Despite strong support for property rights, the noise experienced from this facilit:' was too great and too far~rcaching to be tolembIc within the neighborhood. Considering the persistent history of code violations. and lack of interaction 7/21/2006 T Agenda Item No. 70 July 24, 2007 Page 54 of 269 Oliva Mulch I CINA Page 2 of2 with the Neighborhood Association, there is, understandably, little reason why neighbors should welcome the facility. You, the BOCe, may specify conditions for this facility ifnpproved, but we are doubtful the Ollvas will comply with the conditions. The proposal was unanimously denied by the Collier Count)' Planning Commission on June 15, 2006, stating that this indlL~trial use was inappropriate for the increasingly residential neighborhood. Since then. the Olivas have begun commtmicating with neighborhood residents. On July 18,2006, 1 attended a demonstrution conducted by the Olivas to measure noise levels from their grinder. It was impressively quiet, for a tub grinder. If this \verf indicative of the maximum noise they would generate. there would be little problem with this facility in the neighborhood. However, we have evidence that the demonstration machine is different than the machine used pre,viously . the prevj{)us one being larger and being used to grind significantly heftier material, including logs and stumps, CINA is quite willing to discuss proposals concerning the neighborhood's future uses, with the hope of working out discrepancies and fully understanding the proposed land use. For example, we recently came to an agreement with Jone's Mining and their blasting proposal. Unfortunatel)', this is not !he case \,l,1th the Oliva Mulchi.ng proposaL CINA requests that you deny this conditional use application. Our greatest concerns are noise, the potential for the operation to grow into a much larger industrial/commercial business '.vith more traffic, and the continuation of unregulated activity. I will be in attendance at the BOCC meeting on July 25. Respectfully. Maureen Bontless cc: Heidi Williams, Bill McDaniel, Doug Wilson attachment: crNA Conditions & Survey 7/21/2006 Agenda Item No. 7D July 24, 2007 Page 55 of 269 CONDITIONS recommended by Corkscrew Island Neighborhood Association CONDITIONS for proposed Oliva Mulch facilitl' CU-2005-AR-8046 March 9, 2006 revised June 10, 2006 In addition 10 Staff recommendations (as of 8 March 2006), we request the following conditions: I) Noise l.a, Oc.cibel maximum in neighboring properties shall not exceed 60 dB. This level is the accepted maximum for residential areas of Collier County, and is well within the claims of the applicant that their mulch machine operates at 52-57 dB. l.b. During the first 90 days of operation, dccibcllcvels will be monitored for one week per month to ensure the decibel ma....imum j!; not exceeded. This monitoring regime will be repealed each time a different rnulc.h machine is put into opemtion on site. 1.e. To ensure dampening of sound. an earthen berm equivalent to the height of the grinding machine sUn'ounds the mulching facility. The berm is maintained. 2) Tramc & Road Conditions on Wild Turkel' Dr, 2.a. The speed limit is 30 mph. 2.b, The daily ma.ximum nnmber oftnJek trips is 44. 2.c, To reduce dust generated by trucks on the limerock road, the road is watered down on days when it does not rain. 2.d. Tht: road is maintained (lnd re-graded at least 1wo times per year. J) Hours of operation 3.n. Mulch machine operation shall bc limited 10 the hours of 1 000 am to 4:00 pm, Monday - Fridal' 4) Native vegetation retention (restoration of illegally-cleared area) . Agenda Item No. 7D Juiy 24, 2007 Page 56 of 269 4.a. Replanting success criteria shall be established thal ensure long-term survival of native vegetation and elimination of nuisance, invasive plants. 4.b. Before replanting, soil conditions are restored to those typical of pine flatwoods, This may require complete removal of compacted limerock and replacement \\o]th topsoil. 5) Pre-operation compliance 5.a. Fencing~ landscaping, wall!benn construction, retention-pond construction, preserve restoration, and road improvements at the iniersection of Wild Turkey Dr. and lmmokal~e Rd. shan be completed and inspected before the mulch facility commences operation. 6) Odor 6.a. The process of mulching creates offensive odors due to the release of volatile oils during grinding of plants. Although neighbors ~ill be impacted by these odorsl V.le are unaware of mechanisms to prevent or contain the odors. However, if technologies are developed to reduce odor impacts to neighbors, the ov.''I1ers shall engage in discussion with the Neighborhood Association to determine feasibility of applying such technologies. 7) Review 7a, The conditional use approval shall be rc"viewed after 12 months, and then every fi,"e years thereafter to detcnnine whether additional stipulations or mitigation ar~ necessary to insure compatibility with other properties in the area and to assure public health, safety and "welfare is adequately addressed. In the event of the inability ofDcvelopment Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. Agenda Item No. 70 July 24, 2007 Page 57 of 269 Neil!hborhood 'Survev oforonertv owners within J mile of ora Dosed mulch facility -130 parcels .......ith ~83 property ov.:ners. 83 letters were mailed. 20 letters were retwned. Opposed: I 5 Don't care: 2 Support: 3 OPPOSED comments "This business would doom all neighbors to the excessive noise ofa tub l!rinder 8-5, 6 days a week. No one wants to hear that grinding everyday for the profit of one man to the detriment of already existing homes. Corkscrew needs to protect the quiet environment which is the best for those who live here - not one man who doesn 'tlive here." .'The exce!>sive noise, dust, traffic and activity is not good for our residential area"' "The noise from this mulching operation is like a chainsaw revved up at 100 ft a'\\aY" "I don't like to have business operations near our residence." "I strongly oppose this operation. The noise generated by operation of their machinery is horrible. The traffic resulting from this operation will also be negative. The whole idea of running this commercial business in an otherv:ise residential neighborhood doesn't mix well at all & will strongly negatively impact property values & our life styles." "Rural area. Don't need any more industry. enough already. Mine" .'When the mulcher is operating and we arc anywhere on our property, we can hear it. We feel it is a detriment to our rural community atmosphere." "I think it would just open up ajar of worms for other unwanted business that would only lower propeny value." "1) property value decreases; 2) noise & traffic" "too much noise" "Noise and odor and most of all property value" TO noise, smell, water cont.. children, family. safety, standards, enforcement" DOW'T CARE comments "BUl!!! We currently live next to a nur~ery which periodically grinds this stulf. Not only is it noisy, it stinks horribl;,'_ I don't think it will affect me because of the distance bet\vecn us. It will affect the near neighbors." SUPPORT comment~ "in ag area mulching should bt: tegal" "We do not live in a Utopia, life is full of things we don't like. Let it go. this area is zoned Ag. if you want a clean, quiet place you should live in a gated commulllty. this is America not Cina. Property rights do mean something still, and I hope all of us can live with that." Agenda Item No. 7D July 24, 2007 Page 58 of 269 February 7. 2006 Dear Corkscrew Island neighbor, You own property within one mile of a proposed mulch facility. Application CU-2005-AR-8046 has been submitted for a conditional use pemnll for Oliva Mulching and Recycling Facility, located at 1340 Wild Turkey Drive (in Corkscrew Island Neighborhood). The property owner is petrtioning Collier County to allow for a mulching and horticulture recycling facility. Corkscrew Island Neighborhood Association (CINA) has formed a committee to gather information about the mulching facility and provide recommendations to CINA, Some of the effects of a nearby mulch facility may include: . effect on property value . noise from mulching machines, trucks, and end-loaders . odor . truck traffIC on Wild Turkey Dr. (estimated at 44 trips per day) . improved raad maintenance on Wild Turkey Dr. As chairperson of the 'muich committee', I invite you to tell the committee your thoughts about the proposed mulch facility. We are seeking opinions from those neighbors that will be affected the most. Please return the attached sheet. You are also invited to attend the next meeting of the neighborhood association on Tuesday, Feb. 21, at 7pm at the classroom at Corkscrew Swamp Sanctuary (375 Sanctuary Rd; bring a flashlight - the parking lot is dark). Sincerely, Maureen Bonness Mulch Committee Chairperson 348-8178 Agenda Item No. 7D July 24, 2007 Page 59 of 269 To mail this form, visible. Tape it. fold it so the address Dn the back Attach a 39-cent stamp. Name: Signature: What is your opinion about having a mulching facility within one mile of y property? I support it I don't care. I oppose it. Please add comments to tells us why: . lHA.lnc. 2663 Arrp.lrl lld. SoUlb, Suill: D.l\J1l. N"Il1a l'1or\dA31112 Offitt "17~!~002 11::oc iUi-901J f.9]WI'2nl, . It'WM<<lzwuon . Ca.s;~IOO~:(&1'm~~t:alion . FOTfllSic A:u.s.Un 'Epbtntement July 1 S. 2u06 Law Offic~ (lof Bianco and Pel'ier 3375 Tll1l1.ami Trail East. Suit. 300 Naples Florid. 341 t 2 Rc: JHA. Inc. 06-107 OIi.. Mulching & Recycling Deal' Rob. Per }'our instruction, t cnnducted the foHowing activitlC5 on July 1 Jt 21)06 beginning at 0900 nrs. At 0900 hrs...l met with Mr. Jaime Oliva, client, Robert Andreas arid ShbW\ Mularkey from Ccastal Engtncl:ring and Ms. Maureen BonJ'less from the Corkscrew hland HomeowneTs A.s50c:::lallon. At the onset of the nleeting. '\lie all mC:t at the c~st end of Wild Turkey Drive at thie: dicnt'scastem gate to hi:s pro~rt)', At that locELlinn] look a sound press.me teve1l'cading of the ambient sounds in thl: area. This ret!ding r'eliuhed in a rl4lding ofv,aried le....eb: from 47 to 51 dB-A. This eva.luation was done wilham t.he clienl's machirl!l..>r)' in operation and "oWaS done at 084-0 and.a1 09-08 arK!: then ag01lin at 0025. Addiliofl:!itly. at the time ofrl1is Dt')~bi~t reading. there was a John Deere tractor in operation on the sod farm directly south of the client.s property. This lest was observed hy at! \1r.'il:n~5~5 list:;:d above. The device senings were as follows' Weigh'od, A Range level, 301090 dB-A Max ]e','el sello, RESET Response timli:: \25ms. .~t 09J5 the cliGTIt"$ gnmkr \iliilS put into operutiot\ ond material was put into th~ machine. A reading ~'as ttl.K.en el b location approximetely (agreed upon h)' fl..ts. BOl'mess) of200 feet west oftne grtllder~ while on the clicnt"s property. This location Wl]1; in!1 direct line of site with llO hunn or sound br::a,king obs'reclc. The 'Cvaluation from this loca~ion shov.'ed a pecak of 67.9 \\"lth a nmge from 6{).O to 67,9. TIl[S particular test was ohserved by l'v1r. Andrea. Mr. Muhukey. Ms. Ronness and lnls 1l1vcstigaaGr. This test 'ii/aS conducted for apjJroximatc:-ly ten Ininutes and then Ihi; m.achint:ry VI'2l;S discngB,gcd fu"1d shut dOWlL Agenda Item No. 7D July 24, 2007 Page 60 of 269 ,he device setti IlgS were ns foHows: Weig!"cd; A Ran.e kvci; 30 [0 ~ dB-A Max.....Il;'\'el :set to: R.ESET Re:!:>-ponse time:: 125ms At 0948 hrs we aU truvelcdi to the west sate entering !.he clien(s pf(!pr.::rt~' !!It tbe propc-rt)' erlge alongs~de \lI."i~d Turkey Dri....e wtu:re ye1.Mother test was conducted. At this ]ocati'.)li, the Dperator or the m~chine was contaCted by tne client and De was instructed t" use the large5~ Imltnial available 00: site and to ptl'l the grinder inlo operation. At this !Clcation the device read a maximum peak sound pre:ssure level of 56.8 dB-A. Based upon whatilie macbine W1l.:.ll. doing 3l th~ time, whether idling or in full grinding operation, (he range varied from 49 to the maximLlrTl or 56.8 dB~A. with rw peak extending beyond or ~bQvr:: the previously mentioned 56.8 dB-A. This test v.'a$ l::()nducted at an apprM:.1rnate (asreed upoon hy artcnd~es) distance of 600 +/. feel north oft},e tub grinder. The grinder was ShiH down al:'>ain after th.is lcst Tne rltvice settings were a,.<; fnUows: \Veighte:d: A Ronse level; JO to 90 dB-A Max l~vel set 10: RESET Response [1 me: 125 ms Al 1015 hr,j (hilS iT1vestigator, ~.1L Andrea and ""15" Bnoness traveled in my \'ellicl~ to Fawn L1im:: where w:: met with Mr. Lynn Ready '"yho resides on Fawn Lane. Mr. Rc~dy invited us t() conduct a test from his r(:!u l~n",j area.. \Ve positioned Dlltsdves at a p3t:O table Denind F.lnd imrru:diat~iy ~outh of Mr. Ready's hOu:5t: and 11h~ called lhe diem on the phone find inS"tmctl:d him 10 put the machine in operation, A rt:prc~t:[1lali-.'e from Coo:;,;;t<I_1 Engin=nng, MI'. Shaml Mularke)' was left at the site lO insure that the mr:l..:::-hintty was in fact put ;010 operation as requested utilizing [he largest material on stte 'while we \\'t'_re quite a distance a"\Ja)' on Fa....'l Lane. After! calk-.d the ,li~nl to iJ'.f.\ruc! him to jlut [ne mtJchLne in operatiOtl, we could 110t hear wi~h toe un-aided ear when the liiflthint Wtl:~; engaged or slanc_d up. Even 51).1 engaged '-he sound preSlitlr.-~ meler 10 docume-nl a SOHni! pleSSlIre !evel at th:H lDc.~iion, Tht reading was 51 dB~A !:.om it W<\S agre-cd tllfl1 the sounds heard ""ert' not from the mulching nl;'ll;:hinc as the\~~ldlirt:'::it this: lOC"A:ti,)n \l.'ere louder to the bum:m ear than f1n)'ihing in tlu;' di~lanc~. AileI' this test we tnPI'c:ed back 1(\ the client~ sit~ on \l,:ild TurkC)' Dri",!; llnJ dispersed from that point. The device settings ''''err as follD..",~; . Agenda Item No. 7D July 24, 2007 Page 61 of 269 Welgh.ted: A Range ]evel: 30 \0 90 dB-A M l!X level set to: RESET Respollse Ii n"'ie: 125ms As in the- previous tems. the suund pressure le\'els emitted b)' the machinery do nQt c):.ceed tne limits pl'Oyidcd in the Collier County Noise Ordltlance. If there is anything else I can do for you in thh case, plcRse Jet l'l€ lmow. "committed tv the pursuit of truth " Mcrt"lher ion r,n<ld iAJlndi~ '1~lt"ri!ltlll'Ufnpnpll .\o.>oIM hllioliOll ' H"llidil I'~", llI,qab" \ll!MX ~li"ll \n"'..1nUl ~!I.NI",i;iL>l)",,1 P"lin i'.olJI:,l;'1,I,i>l1l . \l"."lkllrl,,-,.lilll,I'", N>M'~'ot'" ' S"ltlJ. .."lridllllt',,'~'"lilr,kll;:' .blill<i:Il,,1tl l-lo.,i,\"l\'r(,lrtl h'l"to:-<liWtltlC Agenda Item No. 70 July 24, 2007 Page 62 of 269 Agenda Item No. 7D July 24, 2007 Page 63 of 269 lfIA,Jnc~ 2(>63 AUport Rd..",,,,h. S..ite 1).108, N.pb Florid, 3,t) 12 Off"",411-oo02 Fax 417-9()1; Pmwnnh . Inve....f;l"':Ihon . Case Review.C..omulr:atinn .. Foft:mde AlIdl& ElthallCflruMIt )..1)' 19, 21106 Mr. Rob Pdier Law Oflices of Blanco and Pelier 3375 Tamiami Trail, Suite 300 Naples, Florida H 112 Dear Mr. Pelier, Regarding )'our qu~-tiOfl concerning lhc absorpti\'c. reDr:ctivC' and !feneral cfIici:;'tJ-cy of various t:ypes o[materiaJs for use aTOund the tub grinder, in my opinion based upon by elt.-perience and obsenrations. !l bunn such as the one: already in existence would he ~ubstantiaUy more efIicknt thm a concrete bJock wall or any Dther rnllleriaL When measuring the efficiency (If such materials, there are otJu::r <considerations he-sides absorption properties. One must also consider the reflective and transmission nalure of the materials as well. For instance, i1 is commonl)' kn\J\\TI in the audio or acoustic field that the more dense a material lS. ~uch as concrcle, the more re.tlective. l'be les.s den,se and thicker the tJ'lateriaL (he morc abs.orptiv~ arm Jess transmissive. To expla.in this, imagine for a moment [hat Ll COlKrete bloc-k wall. v.ilieh is usuaH>' a form of aggregate that is cemented Ingether is cn;,al:::d 10 provide strength. It is bard and even though porous, it acrually reflects about 97% of ~ signal uimc-a at it This mean..'> that it will a::ltmJl)' "block'" the s()Ufld but ~nect5 UT dl:flccts the signal (sQund) in n diITerent direction. The sound or si~l can poenctratc the material be-cause (Ir its density. A material sllch as wood will allow penetration by variou!> frequt:'Olci::s in the sound s-pecttum and once pen::iraled, the $Oft ancl porous n.ature of wood wLIt a!low the signal to bounce around insi de the wood umil it dies llff audibly. It a1lo\l"~ some frequt:T1oeies 10 p8SS tbrough it but ar,sorbs some range of frequellCi es. ThiS' is why speaker cabinelS- are made predominantly of wood. Once tht")' arc engineered with varinus JXl'rls and directional fla.nc:es j[l.side lhi; c<lbincts.. the cabinets \\.HI actually absorb Ul1\.1,',U'lled frequendes alld rdl~ct the w:lntcd freque~(:jt~ back to the listene-l.. "Fabric!> pluced on tbe outside of the cabinets \.,rill absorb furth~t "nClisc" that is tra.'1.Smiued irom (h~ rear of the 'cabihtl a:c; it passes through. \Vhcn considering the dampening needs: of nuisC' or wunds produced in an ."Hlt~idc cnyironmr::Tlt and tbe abUity to consume ltnd absorb sounds instead of just rcncct them is pt'i:ferred, a lO(l~e rackrd dirt or earth i~ probabl;: the m(}...t dlicit.:nt. A standing t~1imon)' of this ability is the 1';;J,ct that th:?re are VarlDlL'i lar!!c sound research labs that 3ctU2.ily btlild completely '"d~ad" s(ltmd rooms unde-rgro:)und This medium actually .ab$orh.s .und consumes all frequencies of the spectrum. The only f!cquoe-ncies. that can . Agenda Item No. 70 July 24, 2007 Page 64 of 269 travel any distanCe underground art frequendes that are so low that most can not be detected by the human ear, Le., signals below 20 Hz.. Elephants use these low frequencies direc1ed througJ1 the ground to get the attention of other elephants. .VCll thQugh the actual sound can not be 'heard by human cars, High frequency sound '\\laves are shorter and die off fa.<ner in most materials. L(lW fi'equene:.te5 arc l,-'Cf)" long and dte off much slo'W'CT. This is why the young gentleman passing b}' )'our house can shake your windt1WS with his slcreo and ~'ou can only heat his lmS$ speakers and can not hear his rnid~rangc or higb frcqucn-ey $peakel"S.. In this sflec:ific case, I obsCTved lit burm around the tub grind-ef that is approximately thirty lO fOrt)' feet thick: and somcv.'here .around eighteC1l foet tail. A cross scclion of the burrn would be a triangle shape~ thicker a1 the bottom and thinnc-r at lhe top, The material that 1 personallj'obser'\'ed ,"vas a loose mixture of dirt and wood shavings. This: burro is c\.m.enUy higher than the top of the tub grinder and actuall)' al:n.orbs. the sounds emitted by the I'nachinesy as: ....-ell tIS hides tht' machinery from sight. 1 person,lIy observed this .hilit)' by using tbe ,ound pressure meter ""d dctec\e<l a dB-A tevet around 60 to 60.9 at :200 feel while the machiner)' 'WaS running. This was \\~fh no burm. Ho\\'ever~ minutes late< with the machine l'1.llUling at the same level, -nnd. ~eparated hi' the burro and about 600 feet a'Aray at the property [ine,,1 detected dB-A lc\'els substantially [ower to some\vhere in a variable between 49 and 56 dB-A. This- is a drastic cut in the dB..A level .and I attribute it to the efficiency of the dirt and much burm already in existence. Additionally, in this situatiOn, the tub grinder does not produce frequencies below about 80 Hz and tha1 waS absorbed by the bunn as well as the higher frequencies, lftbe re.quesl by Collier County is followed and :!Ii hurrn of onty w.'o feet tall with a six foot blod:. \vaU is constructed, thislhill allow a gr~atcr volume of noise to escape not only over the ....'all, but actually reflect the noise hack. in a dlffcrrnt direl;lion possiNy ttw"uros other residents. The total ofien feet that Vi'Ould be blocking the noise is not high enough to dimirurre the Mist: tbat is currently heing absorbed. While the block w7:.11 might be prcttic:r~ it mf.'st dtfinitel)' \.11111 not ab~orb any sound and \\:iil allow for a substantia.l rellection and u-ansmission offrequr::ncie:> thal will be launched back inlo the air. lfthe,re is anything else I can do for you~ please let mC" know. Sincerel)', John D. Risler Juun} Ii~k1 &. ..\Sj(l(i:w'~. lll<', 2(,[,3 .\lrJ>I.Il1 Rd, Slltll.h, Suil.. I). u~ N..pb l'lo=-id>l34J I.:! FiruiikLiCl:UK,uA2,S();'HtS- "committed to the plffSuitoftruth" !'l.tunhainroudSIZllcl.:icg: A.ml:'nt:aJll'olw,'pb .'U~ClQ . Flnrid~ f'nlYi;l1lph A~-u.llnll ,,,"nM'rLc:tn AI:lOri"tiOll d f'"lit-c P",l'l.omphi:sl.:li T \Vtldd Im"'WIV,loo; Nc.l.......rk . ......"'IU' Flrnid~ h,,'t"~,igal,:n A_..mui("l l'lQj.Jdi,Gti1i["ic'dll1\'c.u;~;ut Agenda Item No. 70 July 24, 2007 Page 65 of 269 RE: propo:lCd Oliva Mulch filcility COIlditioMl u... pmnit CU.20l)5-AR-~046 4 April 20l!6 R<>bert Andrea Coastal Engineering Consultams Inc. 3U)6 So. Hot=iboe Dr. Naples, FL 34] 04 Dear Mr. Andrea. EIK'lo~ .are "conditions" requested by the Corkscn:\l,< Island Neighborhood A.ssociatioD (ClNA) for the proposed mulch facility on Wild Turkey Dr_ We, the mulch conunittee., would like to meet with you and/or the Olhoas to discu..'U these conditiollS. w. would prefer to meet before the geneml ClNA meeting. if possible. You are alsc encouraged to aneOO the CINA meeting on April ] S. at 7 pm. in the clossrooro of Corkscrew S"1lltlp Sanctuary (375 Sanctuary Rd). It is expc:ctcd that the geoeral membership will ,",ote on their recommendations far the mulch operation ot that rneeting. Please contact me to W1"allge a meeting. t:-- :Maureen Bonnes.... Mulch Committee Chairperson 1390 Rookery' Ln Naples., FL 34120 239.34S-8178 cc; Hcidi Wiltiomor, CaIIict~ RECEIVED APR 0 5 2aVG ZONING DEPARTMENT . CONDITIONS rocOIIlIIlc:nded by the Mulch C<>mmiU<:e of C<>rb<rew lslllnd Neighborl1oocl A",,,,ci.tion for vroP<>sed Oliva Mulch facility CU-2005-AR-80# Morch 9, 2006 In addition to Staff recommendations (as of 8 Malcll 2(06), we request the following conditions: 1) Noi", 1... D<<ibet maximum in neighboring prop<:ttieo obalJ IlOI exc<:<d 60 dB. Thi, level is the aee<pt<d maximum fo< ,..;,lentiol ...... of Collior County. and is well "ithin the claims of tbe appli""'t that their muk:h mocbine operotes'" 52-57 dB. l.b. Duri~g tn. fIrst 90 days of operntion, dt:cibollevel, will be moniwed for one week per month to e:nswe the decibel nuotimllnl is rwt exceeded. This IIJ()nitoring regime wi!! he rept:8ted each time .a different mulcb mochille is pm into operation on s~te. I.e. To ensure dampenill& of ""..<I.. I O-foot ew1hen berm swroW1ds the mulching operation. The berm is maintained. 2) Traffie & Road Conditions on Wild T""'e)' Dr. 2.2.. The speed limit is 30 mph. 2,b. The daily maximum number of truck trips is 44. 2.c, To reduce dUlll goner.ted by trotks on the limerock road. the road i. watered down on d8YS "'00 it Goes not rain. 2.d. The road is me;intnined and re-grnded :at letlSt two times per year. 3) Hours ofopcration 3.6.. Mulch machine operation shall be limited to the bours of to:oo am to 4~OO pm. 4) Native vegetation retention (restornlion of illegally-cleared area) Agenda Item No. 70 July 24, 2007 Page 66 of 269 4.a. ReplantinG success criteria shall be established tbat ensure lc:mg-Icmt survival of native vegetation and elimination of nuisance., invasive plllllts. 4.b. Bcfoce replanting, soil conditions are restored to those typic.uJ (If plfl( flB.!woods. This may r<<p.ti~ complete removal of compacted limerock and replacement with topsoil. 5) Pre-opemtion compUance 5.s.. Fencing..lundscaping.. 'WaU/berm consuuction. retentiOD.pond t:onstrUction, preseTVe reucratiol1" and road improvetne.flt$ at the intcrsoction ofVl,'ilrl Turley Dr. and lmmol:alce Rd. sball be completed and i"'J'C<led before the mulch facility comme~ opi:ration. 6) Odor 6.fl. The pMCeS.'i. of mutchini creates offensive odon;; due to the release of volatile oils durln& grinding of plants. AUhougb neigbbono will be ;rnpocted by these udors., 'W'e are un3W8J"C of meclumisms to pre'VCIll. or contain theodolS. However. iftecbnologies are developed to reduce odoc impacts 10 neighbors, the 0WllCI1i shall clgHge in discussion willi the Neighborhood Assnciation to determine feuioolit). of applying such technologies. y Agenda Item No. 70 July 24, 2007 Page 67 of 269 JllA.lnc& \l663Airpon lid. Sou.h,.<;uru: D-)Ql!, N"i'1<s IlWi<la &1112 om",417-9OO2 Fax 411-0015 Pr.lwrn.nh . fnvr.,~rit'ln . c,:1Jflt. Rocvit"W...['...rm1ll1lmnnn .. FfJTAlll:.ir Al9lt F.nb~lnt'elBent July 14, 2006 Law om"", of Bllmco and Pelier Mr, Rob Policr 3375 Tamiami Trail ""Sl. Suite 300 Naples l'lorida 34111 Re: lHA.llle.06-107 Orr.....Mulching &. Reoycling Dcllf Rob. Per your instructions I conducted tOO following activities thus far in this investigation. On Juno 21". 2006 I c""dueled V""""" dalabao<: searches COtleeming ony occupalionallicenses is,,,,,d by the Collier ("..ounty OceupatiollAl License Office for any busine5sr:5 U'5mg lheir ~sidenti!)J address .at; tht bustOes5i address within a.lineur mile of the client.s property. This was done to determine who1 types ()fbusin~es ha'ii'e been imjll1l:titlg Il1e _iItlronent ond neighboring re.idona The business,", lire listed.. U$ing their home leJCS110n or address as their operating address. Tn some cas~s these busineliEies: actually conduct 1heir activiu'CS to ,support thcir business at those locations. Some of which are tnu.,:idng outfits,. using tbeirhome address and shops as locations wen~ the truCks are parrkoo and where repai.rs arc milde. 1 nave iocludcd those database printouts with fuisrepurt.l have abo included. ropy of the Collier Coun!)' Noiso Ordimlno<: for your review. On June 2711, 2006 I navelcd to ttle Clir:t11' 5 propcrt)' and ccmductcd an s.coU!mc o..luaU"" using a c:alibratc.d digital de\1ce designc.d to detect and exhibit botlllhe frequency spectrum affected llIld the sound pressure lcvd, also known os 1M "dB" t"".l. Per the requirements of the comer County Noise Ordirnmce, the evaluation was conducted using the ... N" weighted scale on the de\1cc. This del,,'ioc measures 5C1und p= levels [or lhe OIl,I.. 3 I band "p..U1ml as woI1l15l1."oing the ability to Idcnlify ,he loudest indjvtdual frequendes within the 31 hand spectrom and lock them ill f(!of a reference. On Jone 27", 2006 lit JO:oOam, Il1e "",bie'" dB-A level was determined by the device to be: a "miation beul,'CCtl32 and 35 dB~A. This reading was taken oft.hc general are. v.itbin tb. propen)' lines oftbe client at dislances of 200 and 660 feet from the Agenda Item No. 7D July 24, 2007 Page 68 of 269 Agenda Item No. 7D July 24, 2007 Page 69 of 269 clients mulching macbine and loader. A third n=ading was taken on the roadway on "''1ld Turkey Drive which runs ~Sl and Vlo'c-:tt: at B. position north of the clicnt:i mulching machine, This reading Df tht" Mlblent sound level taken in the roadv.'ilY north of the clietlts propcrt")' sbo~ a \Iariation between 32 and 37 dB-A The. existing ambient sounds were emitted by traffic on ImmokaJoe Rd.. wildlife in the aIr;a~ wind noise and wunds tJuu traveled from the mining oporotiOJl SQUib of the dienr's propcrt)', At the lime of this particular test. the .client' & m.ach'neryv..oas- no.t in operation. The previous evaluations of the amhient sound pressure I ~\'els were t~sted with the fono-wing device settings:: Weighted: A Range level: 30 10 90 dB SPL M"" level set 10: RESET ( this particular setting lIDld. Ihc llIld note. the hig~eoI dB SPL reached during that reading) Res.poon.>;;e time: sel at 125 ms AlIO:3Qam. I instructed the client tn put his mulching machine intQ opera.tion to. conduct lUl ad<Iitioo,J l1:St. To eondUCl this t<:st, the clic:nt also pul into operation. front end loader with whicb to load thc mulching ma.clrino. Onco ill operation, using pro_ proc~ed mulch as the material to be grmmd, I conducted the 90und pressure c\'alUall:Oo:s at aistancc:s of 1 ~O feet din:ctly woOl of Ibo m.ulclring machine in a <lmct line of site, wilhin 1/" properly lirres OJlhe cllordS Prnper1}', lmobs1rw:to<l by any foliage or burm and the device indiClllea a sound pre=e lovel of 77.s dB-A. A second evaluation was eooducted at 8 dilllance of 660 feet west. Df the mnlching machine and loader. slm on lhe client'l property, in a direct jine of site and unobstructed by any foliago or burm, This secolld reading W1lS . m&Ximum sound pressun: levol of 68.8 dB-A. A third evaluation was then conductod while th~ mulching machine was in operation, howevor this tbitd _ was oonduc'ed from . position north of the machinery, at the edge of the cJi.c:nts propert)' and at the ed:ee of Wild TwL::e)' Drive., which iB appro::dmately 600 fc:et northv..'Cst of the machinery. -l1lere 1s. al'iiO a bum of pre- proee""ed mulch of an .pproaimale height of 18 to 20 fect and .pproximalely fony feet thick between the rnulcrn ng maehint:: and this. third testing position. AI this location the device showed a varied reading bc<:wcen 41 and 43 dB-A. The maximum kvel indicated b)' th, peak hold ",tting at !his locution was 43 dB-A. A fourt.h test was conduC1c:d at the north east gate onto the c.lient'sprope:rty~ "i.vru'Ch is also :;;cPlmited b)' the same: burm and is approximately 600 feet nonheast f!'Om the rrwc~ry. This test revealed a variation ofreading:s between 40 dB-A and 44.1 dB-A 1'f1.tb thr: ma.:dmum lcvd indicated b:!tthc:pw bold setting atlhis lQcatlan of 44.1 dB-A, A fifth teM was conducted on Fa"1I:1 St. at the location adjac~llt to the 'identified a.ir compressor, while the d~ents mulching machine "'as in operation un Wild Turkty Drive. The device indicated a variatioo of ambient SOUlJd pressu:re level ranging from 3S dB~A to 38 LiBRA which is consistent with t~ ambient noiAe or sound pressure level mken at 2 . !he clients proport)' ",thout!he clients rnacl1inery in opeml:ion, This indioated Ix> me thot the operation of the client's machinc:ry on this dale did not affect the amooent sound presoure level. on Fawn St. Each oftnc preceding tests wcxeconducted for a ten minute period of operation using the fo\Jowing device .ettinll5: Weiglltod: A Range 10\",1: 30", 90 dB-A Max level oel to: RESET Response time: 125 m. The frequency spoctrum il%Wyzed Vias !be standard} 1 band as ",quire<! b}' the Collier Cmmty No;', Ordinam:e, During tbe enli", testing period of the m'. "'alualions. the predomimmt fmp.lencios afl'octed....... be\Weon 31S Hz ond IK Hz willl 00 frequenoy affected ah<wc thc previously menli<>ncd lIOllnd pre....,.. k""... At approximlltely 12:00 noon, 1 travelod b!lCk '0 Fawn St, "hioh is in · oorthealllerly direction from the client'. prope<ty to an ""'" where a w". emnp=sor bw; boon idenlifo:<lllla n:sjden,'e, I parl4.ed in !he .treet in front of t:h.i.locaLion Illld evalullled the ambienl sound pressure levels.. At the time offuis reading, the compressor Wa:!l not in "per.uion. The amhient sound levels we<e c:lS<mIially the """"" at . variation betwe"" 35 and 37 DB-A- Again, any sounds detet:ted wore from distanttIllflio noise from lmmoblcc Rd... wjnd noise. 'WIld] ife and the occasional noise from the mining operation southofthc: clir::n(s~, On June 28"', 2006 I roceivod a ..JI from the olien! inilioatiog that the e_sor on Fawn 5t was =dy in operation nnd 1 was requeSllld to evalnllle the oound pressure 1""01 created by illl opcrntion. I trllveloo Ix> Fawn Sl and parlred in the middle of Fawn St "'. <lli:tance o[what I estimated (using dis"",ce between utility poles) to be approJrimoJ<:ll' 660 feel and ",.IVllled the "",bienl sounds emiltcd freOl tbot an:a. The dlOl,ce indicated a .ound pre,son: 1",'01 ef 66.8 dB~A wi1h the pmlcmitlllllt t'tequel1oies effOC1<:d bejol: 3000 to 4000 Hz. This t..1 was <<>nQu"",d for appro:cimolely fivo minUlO'. After this ll:91 I traveled .s&n to the cliel1t'. property at Wild Turkey Dth'.. ~ there, J instmctod the oJicm to put Ille mulching lIJOChiru: in operlltioo again for an additiooa.l test using unprooesRed landscaping mat.eriaJ that W'a.'l still in its onginal condition. An initial e".ILlllti"" of the ",undpressure levol, was coD<lucted.. the edge oflhc roodv."j' on Wild Turkey Drive at the clit'llts we.. gate, while 1he mulcbing machine W"$ in operation and the device il>llioa",d . sound pres,"", levol ".natir," of 42 to 46 dB-A. This. testll'liG loeat1on'l,.\'1t;!; separated from the device by the prevlousl, mentioned 'butit'\ and a distance of approxim.tely 600 feet. A.ftt.rv.'ards 1 moved my testing locatiolllO an easte.rf}' direction., tOVl.'ards the air .compressor (still in o~atilJn) m:Jd at lht en,d of Wild Turkey Drive. Without using the dc'\rice. t.bt air co-mpr~Clr eo1dd he heard above the client,; mulching Il\B..Chine. Using the device to eva'luate $(~und pressur~ levdt; frum t.his p{lls~~ion. the reading was a variation ~~"" S1-5 dB-A ""d 58.0 dB-A, Agenda Item No. 7D July 24, 2007 Page 70 of 269 3 Agenda Item No. 70 July 24, 2007 Page 71 of 269 The p=eding I:SlS were conducted using !he following se<tings: Weight<<l: A Rangc 1.\'<1: 30 10 90 dB-A Max level "" to: RESET Response time.: 125 ms The following"""", arc token din:ctly from 1hc Ccllicr Ccul1l)' N~isc Ordinance =<<1: Article IV, N~i.. See, 54-82. Definitions. (the unly defmftlo-n.r thai an note.d are definitions Ow are reltvant to IIrit ClUe.) "Tht foJ/owi'f1g w'ordr, terms andphrases, when wed in thi!' artlck shall have the mean,jngr ascribed to 'hem in Ims section. txCepl where rhe (:anlex:t .clf!.orly indicates a diffe.renl mtaning: AgriCllltural zone means any ge<>grapl1ic area designated for agricultural ocliviti.. by the zooing aU'lhority hllVing jurisdiotiOll 0\'", such area. Ambitnl nriiG:t means the 0.11 encompassihg Poise assocjated ""ith a gP.'co environment. being usunHy n composite of sound from many !i.CJ1.1fCes llW' .and fat. A~wcighJed levd (dBA) means the sound pressure level in decibels as: measured on a. sound l.,'e! me1cr using th. A-v..,;ghlba m,twmk. The 1.wl lID read is designated dBA. ConUmwus noise mClU15 a noise wtUch remains essentially constant in level during the po:nt'ld c)f (}bSL'j'1,.'ation, jVai.l,':(? levcl means the ~und pteSS'Ure lev~,1 ~ measutt=d in dBA unJi;;:SS othc:rvrise speciti:~d. A me.asurcment of noise must be at least five dB above the ambient nroisc lc'\'d Sound level met~ mt:ans an in51.rUIDl:nt to measure the. sound pressure level ofrelativeJy ~olltiJm~ and broadband noises. The sound lev!;! meter used to determine compliance with this article shall meet Dr excerd the requiremel)ts f{)T type 2 sound le'l,.'el meter Itl accordancc with ANSI standard SL4. 4 ~ Agenda Item No. 70 July 24, 2007 Page 72 of 269 Sound table. described 1>)' thc Collier Coonl'y Noise Ordinance that provide informalioo regarding $Ound levellimilS, ZoninglUse Bt the location of the Sound~affeL..'1ed site or unit with times and limits: for: Residenlial Ti=, 7,00 un, to 10:00 p.m, Sound le\..lli",it Aft... 10,00 p.1JL 10 6:59 ..m. Soond level limit: 60 dBA SS <IRA F",: Commerc:ia.l or Tourist TlIYl'" 7:00 ,,-m. to JO,oo p.m, 5nund levellimit: Afta 10:00 p.m. to 6:59 '.m. SounAlovcllim;t: 65 dBA 60 dBA For: MWU.lfacturing: At all times. Sound levellimlt: 75 dBA For: Agricultural At all lim.., Sound 1",'01 limit: 75 dBA The mcaM,men. standMd is to ",'a\uare the offcncling noise or sound Ell tho rrol1"rty lin.es from wl1t:t'e the sound cmanate;s. These tests ~Tt; condL),li,::le(l within that parameter as inilicated, The~ ~ ocuna: h!wd or cente.r freqUefiC}' requirements and limits thaI. provide for a limit of a spec.ifif; frequ:nC')' or octave band, h.o"rever thi1J is a moot point as the sound pressure 1",'01, emitt<:<l by the clients m.dtinery do oot reach or CJdCJd boyond the ordinarle<: lImit' at any octave 0' f""luoney who. measured Jl1!he cliCDtS property lines. 5 BWled upon mJ <,porion"" in the field of in,'ostigation and audio onhanocmen~ audio engineering and sound rdnfCJrCe:mem.. it is my opinion that the clients mulching machine produces a. !><n.."I:ld pressure level that meets the Comer Cou.nt}' OrdiMtlce: requirements ana based upon the results from the BA;:(lu'3tic cVBlU8tion. the d.B~A levels sho'\o\'D do not in any W.B)' violate any 1'Onioo of the Collier Count), Ordinance. Furthermore, the clients mulching machine ~an no-t be h~d ",'il:h lhe human em' from the location on Fawn St. My experience in the field of 81imo engineering C<Jl1Slsts oftb~ following: O..~mcr and opc:f$lot -of the following c()mpanies~ Bayou. Sound far five years, whose: function was to prmride SOWld reinforcement for large outdoor and indoor OODeem, utilizing various onaIog and digillll dovic.. (0 runplif)' .nd rcpmduee sound within the spectrum ofhu:man voices and amplified inlttn1ments. MbcPoint Producti()f1B f()t' three )'ear'S, whose sole function Vl.'BS to provide '''froot or house"' and 00 slage monitoring systems, operating same for large outdoor concerts: emplo)'ing and using anaJog and digitat arnplitkaticm SYSlCms for venues boliisuy bclw'<en 2000 and 8000 I is"",,,,,,. From J 9~5 until 1995, as. prival<; conlrnclor I provided sound rei"forcemen~ "front ~f house" and soond stage cn.gin'Ccring in the :oopecif-..e field Qf l'!OOustic in.~trument reinforcement for audiences ranging from 500 '" 6000 listen"", within the gonre of Folk and Bluegrass music fur a large number of festivals \o\'ithin Florida and Georgia. From 1990 until 1998 1 held the contract for the Collier COUllt). Fair, pro'odinS sound n::infurel::-ment and engineering fur both smmd stages. In 2005 I attended farroal training in Fairfax Virginia. provided by Tr8icerTec Inc. This tr,.;aing was 'P""ificaUy for F~rensic Awl.. Enhancement, One scrvlcc provided b)' IDJ company. John Hi:s1e:r & Associa:les, Inc. is in fact Forensic Audio Enbancemt':IJ.t fOf the private field an<l. for various la.w enforcement agoncies as an audio O'lglnct=T. pmt~g and enhancing \'arious media wrought with acoustic problems. My pl:rson.aJ on lhe job experience and training has provided me v.itb close to thin" years of aperience in identifying frequcndQll, rnciI5uring sound pressure levels !ind prucc:S5.ing or cnhlllldng same using various types or digital and analog equipment T Agenda Ilem No. 7D July 24, 2007 Page 73 of 269 6 Ifthe:re is anything olse: 1 .can do for you regarding this matter, please lot mr:: Know, ------ JoonHi.,1 'J[:li:\ ' :r.o.u.lI"SftO-IOH. NIif.'l\"iJ~ ;UJl~ euw:lJ\2:.5Ol.MUl tZcommitted to the pursuit of truthN Memba-inpldst:iUlllill& hIl~Il'ut~P''h~C\Il' ftadd:a 1'a1rJppl1A=.iatii:dL A.mcrinul o\~OLl ol'rclir:c. r<Jlyp7lPiliN' Woi'.d I~",", Nctwt>rk. . F:oudLFir;u)d. hl~lPIlun;.^JWci,.~1 F1QfimLc.miI'lW.\~ Agenda Item No. 70 July 24, 2007 Page 74 of 269 BLANCO & PEUER, P.A. Attorneys at Law Agenda Item No. 70 July 24, 2007 Page 75 of 269 SAMUEL D. BLA.."lCO, ESQ. Admitted in Florida llnJ the V.S Dif\trkt COUft', Southern }.luric.L1.; Member of Amcric-nn lmmigrntion Lnwycr:; Assor.:illtiotl RORERT N. PELlER, ESQ. Admitted in Florida and New York and in lhe U.S. Di~trict Courts frjf Sollthtm, Middle, Northern Florj(}.\ IMMIGRA'l'ION PERSONi\L INJURY CIUMlNAL MATTERS CIVlL LlTIGA TION February] 0, 2007 Ms. Kay Deselem, AICP, Principal Planner Dept. Zoning & land Development Review Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Scheduling Hearing and Prosecution "Oliva Mulching Conditional Use Applicat.ion/Petition" Dear Kay l Please accept my sincerest gratitude for your time last week regarding the referenced matter, As discussed, I am now the agent for the applicant and will he continuing to prepare the matter for hearing. Throughout the past months, we have been attempting to secure a consensus among the interested parties and have been developing information that will he helpful (0 the Board of County Commissioners in making a well informed, prudent decision on this conditional use application. Further, we have also been securing material for the Board's edification that supports the tact that the proposed use by the applicant is consistent with the county growth plan. Additionally, based on our discussions, also note that this matelial will be forworded to YOll at least six weeks prior to the hearing which is tentatively sel for April 27, 2007. I am hopeful that this communication summarizes our discussion. If you have any additional questions or concernsl please do \lot p.i;}sit&tc to email me at RPeUen!./lPelicrww.~\ml or con :{it the. above numbers. 0.& RECEIVED FEB 1 4 2007 ZONING DEPARTMENT 3375 'l'amiami Trail East, Suite 300 Naples, !'lorida 34112 239 213-0332 Telephone 239-793-5333 Facsimile Agenda Item No. 70 July 24, 2007 Page 76 of 269 BLANCO & PELTER, P A }\ltonte)'~ ill Law SAl..!l!EL O. BUNCO. ESQ. A~l1I!dinl'1<xid8tndtb;tJ$ DUIlriclCIllIlt.~"JdU'fl!l fl\M\dl.; ~rof "'~If'MtitalIinllLil",,/.!$:'->tiuit:llll !R08ERT N. PELlER.. F":"~. Mn~tJt~...Pk>t\,k:Wd~'y"'4 ....dinriM..Us:lJ~cirtr~"'''''f..r &tumem. ),/idjk; N.,riMtrl f.1oridJ. INllitIGR.!\TION 1'l::ll:S()K.\L INJURY CRI1QN.U, M.A 1'"I'EJL~ aVTI.. UTIGArnOS July 21,2006 Ms. Maureen Bonness Mr. D<>uglas L. Wibron Corkscrew Island Neighborhood Association Secretary's Office 616 Sonctuary Rood Napl"", florida 34120-4837 RE: Oliva Mulch and RecydiIll! Facility CU-2005-/IR-8046 Dear M.. Bonn""" & Mr. Wil",n, I am in receipt of your most recent communication to Mr_ A..ndrea.. I am pleased that as a: result of all parties involvement ond communication we ha,'. progressed to the point where you deem the current state of operatiofl:.l> to be acceptable. However~ there are certain assertions that you have m.wie which CaJl.':;e m.e cot'llCcm. Hence;, 1 .lUtl "...riling to )'OU to attempt to address aU of the: issucs in a manner that wo:uld satisfy your inquiries and/or apprehension regarrling the project First. please note that the Olhrashave never o\VIlCd an)' other machine other than the M<JJbork 1200 maclline that prcsen11y sill< on the subjeet land Slld was oper:lloo III the time of your site visit. Ba.~ on your very 0'\.\'1] oosef"Vations. y()U were able 10 view that the machine 'was positioned upon four rubber tires and mulch and that there '''''ere no indications of any other machines traveling through the area. Also it is important to note thaI Mr. Oliva has painrcd the machine as part of bis "annal upkeep and maitllenance Stuce the nlachine has not been able to operate for some time. The color change of the machine may giVe someone the:- mistaken impression that the machine is different. /\.lso, as yeu art" awaTC. The sound absorhing benn arow)d the machine \1;-aS not there at the ti me lhat others may have view.f,.-d the machine. Therefore, I can assure )'OU that nothing h3S changed by way of loc type and machine at the OJt\'a property. It is unfortunate that these issues were ('Jot raised ~t yuur site visit because you would h8\FC received. an immediate rcsponsr; to your questions. Nonetheless, I am currently in the process of gathering records in order to indcpendemly pro"e that the machine you sa" h... lllo:n.ll1<:. machine at the CHiva propert)' throughout thccntirc time. Ht:.GEIVE D JUL 2 4 ?~n5 Z'ONiHG C'E?';.9iM9JT .)j75 TlWIiami TmI fJ;!;ilo Suit~ 300 N.pl.~, r'l~ 341~2 2J9--21J-0332 Tt:R1'lwnf: 239,793 53ll F~h: Agenda Item No. 7D July 24, 2007 Page 77 of 269 IMM1GR..\110N . PERSONAL ISJUltY 'CRl"'lIN}I~ ,CIVIL jr""",~ 'Odl4'f."n:ut,td:ern.l1 In light of YOIlT assertions that tll< matt:rials previously processed were smaller and made less noise;. you were also invited to select the matccial for processing by the machine. It is my undersbiruling that you selecte<llarge stumps and selectivcly determined what was to be proeessed. Despite the processing of lhe selected material, the machine still operated 810 noise level wen ..,thin the legally accepted decibel runge. I also believe that your n.gatJ ve perception regarding the wotbbility ~n the pani.. on this project is in error. Sine<: my involvement; all panies working on behalf of the Oliva project have done e"",,'thing 10 as:s....ge )'our concerns by opening a dialogue. providing }'OU 'With information. requesting information and conducting studies in. your presence on beholfof the ClNA. To that end, I bel i.,'. thai providing you with additional information may be helpful in di'Jll'O"ng the beliefs cited in your most recent communication to Mr. Andrea. Therefore. in order 10 have ample time \0 accomplish this, I will be seeking a oontinuane<: on !he bearing scheduled fm July 25, 2006 at or about 1:00 p.m. if you care to set up a meeting to exchange the information gained. I will be most happy to 81dvlse you when the documentation is in my possession to schedule same. . terl.m. if you have any additional questions, please do not hesitate to con rt N. Peller, Esq. Cc: Commissioner J. Culetta Ms. Heidi Williams Mr. Robert Andrea VIA E-_il. Facstmile and U.S. Mail . JlA"I!l1:3.2000 To tle Board oICounty Commissioners: Agenda Item No. 70 Juiy 24, 2007 Page 78 of 269 lam t>igntng:n'(y tl8m81D ",Is lemr as 8 vomrand la)lpayef InO!:Jpc$lllonOfthe OIi~MLJd1Ing and Recycling Faciii1y. lis alTeao, app8rent'lt1i10hV~ IQ'M1811O end p8r80rnl are ~illng 1) abide by'" laWi Of Collit&rCo1.lrny alii ~ evidert by otl\'iB cede' 'iW1810llS. T~jrlackcrl coneamtorol1ll oflle moslimportBrt nattn 8tl!1l!1S ~Coli6rQ:)IJf\ft Isfl1gl1l1111ning arK! appalli~, Ttle19 i$l'1O elM$nce t1e.. :nttWe wwsro Cork~crewh>lend neigtt:1omood Is gomg 1;) clwnge. We 'l'lohO t1ave liVed he"" d'loH tits area to puttl,*,rJOe be>Meel1our,.t1'lv66 i!lnd th& types of lindus'll)' 0I1Vi8 Mulching a~ Reocyding wants so moch IP force UPOflUlji. Ave~ grir1dillli Llbllllowed lon.rnover40tloufS 1IW6~t indefini~l)' i500l a noise lhat can be cof1W.lled orcol'llainEtd 10 01"1II'$ own pRlpolll't!llnes. Also, aecsying mulCh is 11018 smell Nt_ 0I11l18'S can k.8flp on !hel, propenyeven ("m the be!!t l'IfdEl~. WfJ 8"- op,poscd \0 1he added distUTbanc:es and impact 1t1is type ofbuaineas'Wiil hatH!' on our neighbortood fi;:lrtle prott oftw: OIiviils. Ttisk!tl&~istrom1tM:lMofuswho years. ego Nl-ve chosen In Ii~ in Corkscmwbecauseitisenal1Jn!ll rell'Ost'from.... neg&1ive itlftu8nC6:$oflho r.o-calloopl"Qglltss ofNe~s, We'veIB8M'WJd iromwalchil1g f1e.Je&tt)fCoIHe(Countygro&fllng LJ'IderN an-in of SUCh progreu h81lalJllMlng tle lOng: drtw 1Or~pftOt; ind[1k:iltlJ1llllle Is WOf'Ih our lime , money 81'1I;I Ofl(J'IlY !Q waitt$': and erijcy e Hte all natural i!I& poS$lbl& inp!ii!!leG. The QtlviB"s do nol1hre i,. tlls. area ana 0lYy seek. It) U$lS CoO::SCI'fJIW _00 forproit. This-Is ouilome. We ~ to- use ifbr II poaceful gxistance and e:rpectyou, I!lIO our oommis!iionel'5, ~ pn;ltectlJ!i ill thtltslmple end-eevof, n~nk YOI;.I; Respoec'Uly. en. r S<"WA."d.~. .d.-..t' ( , -:;'"1~ Z"",e....... 'J' ,'-' ft"i.'t.~ ! j;;;!J-<-- It./) '. _K/v ,J3f~ii# f {" ;p;f-w~ (jjj;;... (U.t>-.v Cc-.ut>~ ?~~~ )?zNO'J~"' .~~~;f ~- ~. ,~ :;::zJU"'-'-,- ':;*f.k-( L, '-Ill 0.-'l.,'~~ .,,;l,:....,tn~'"4-~'" i~i,,,(..J:'.- G,;J.=~".......c.- ~I >{;.ct.>~ ~;1 ,y~ \ i.~" 1 \\t.Ct.\~t.\1. '~'0'".t\1 "~',,~... " 4 ~,.y MON/SEP 111/2006 02.34 PM COp,smL ENGINEERING FeX I' o~n 64~ 4"4 .., 1\ 0, L.JJ ...; .';.) . Agenda Ife~~bD9b July 24,2007 Page 79 of 269 eo'dlT County ~ . .., . -." ._- ... - - REQUEST FOR CONTINUANCE OR WITHDRAWAL I' CHECK ONE: CONTINUANCE _x WITHDRAWAL If a continuance Is requested, please indicate: length of time: to: OR indefinite: _X_ From: Planning Commission Board of County Commissloners_X_ 1. Date of Scheduled Hearing: _9-12-06 2. ApplicantIProject Name: _Oliva Mulching 3. Application/Petition number: _CU-2005-AR-B046 4. Type of Application (examples: Rezoning, Conditional Use or Variance)_Conditional Use_ 5. Reason for Request: _We have been unable to coordinate and meet with the Corkscrew Island Neighborhood Association so we can work out the conditions for approval. ~ ~ ':';,..1,,\\ v..::ork.,~ W'~ f\6,'Sr\c:.e~T yro~er-'1I DW~ f\.r-.J6, ~ MDL '\",01'-',...1 +\r'V\-<'- ('0 s;2i,,"'+(I'LP \'>0...\\ C'=......,&<\'o.-J;'. UNQEReE.MLIIES_OfY.J:EJ.UBY..Afl/Dy..uBS..uAfl/LTO..F.J.Q~JDA5IArJJ.IES_SEC.IlO./'L9252.5. I DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. . DATE SIGNATURE OF APPLlC N /Z?eri A. ~cW PRINTED NAME J:Al-"dre,-f(J {lee-/;::C Co.4' e-mail address Address: 'SlOG SD~ Fl,rse.sLoe b(',~e. Street NAf res ;:.r. :>Cf ( oC{ City, State Zip (0(("$ - ;):?;;;..c( Phone number Coq :s - tf2'0c:(' Fax number 1;IDATA\20041042701REaUEsT FOR CONTINUANCE OR WITHDRAWAL 8-25.Q5.doc c, c{s.. - C:,7' c,8- , ... COASTAL ENGINEERING r ~ ~ CONSULTANTS ~INC . ,\1 'I' i 1000 Agenda Item No. 7D July 24, 2007 Pe~ ~R,Slf ?"~ces .. ,......".....'\ Fl ~\Jt:.L~ '''-''~'IT 7,..,,.I<t\.\<;. t'ir:r::P.,_I,\ i I'Pt..I' l! ','. \ -i\l ,~, ,-' ~".' Civil Engineering Planning Seryices Survey & Mapping Comlol Engineering Rl~al Estate Services A CECI GROUP COMPANY websiie: www.coaslolengineering.com . November '16, 2006-...-..-----~--~-..--....~.~.--~...-------.~---------.--------~--..---~-...-. . ~ Ms. Kay Deselem, AICP Principal Planner Collier County Government Zoning and Land Development Review Department Community Development & Enviromnental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: CU-2005-AR-8046, Oliva Mulching and Recycling Facility (BCC Date Correction) (CEC File No. 04.270) Dear Ms. Deselem: Please disregard the previous letter dated November 15, 2006 as it had an incon'ect Board of County Commissioners meeting date. The correct date is as it reads below. This letter is to inform Collier County that effective immediately Coastal Engineering Consultants, Inc. will not be representing the Olivas for petition CU-2005-AR-8046. We are withdrawing our name from the cun'ent petition and wish to notify you in advance that we wi11 not represent nor be in attendance at the January 9, 2007 Board of County Conunissioners meeting. Please direct all future correspondence to Jaime and Demarys Oliva. Should you have any questions, please do not hesitate to contact me at (239) 643-2324 x134 or randrca@cccifl.com. Sincerely, CO~,~~~~ CONSULTANTS, INC. ,;:{~~"7i / ~b'ert Andrea ~ Platming Consultant cc: Jaime atld Demarys Oliva Robert N, Pelier, Esq. Clayton R. Miller, P.E, --~---_._----,------~~-_._---------_._----_._.---_._.-- 3106 S. Horseshoe Drive. Naples, r:lorido 34104-6137 . Phone (239) 643-2324 Fax (239,643-11,'.3 . E.Moil: info@cecifl.com SERV;flJG FLOr?/,f)A Sillier 1CJ77 BLANCO & PELlER, lOA Attorneys at Law Agenda Item No. 7D July 24, 2007 Page 81 of 269 SAMUEL D. BLANCO, ESQ. Admill'ed in F10ricln nnd tile U.S LJilitrict C..ourt, ."olllhcm Florida; Member of Amcric~n Immigration Lnwycl1l ^~~ocilltiol1 ROBERT N. PELlER, E-:SQ. Admitted in Florida and New York lllld in the U.s. District Courts for Southern, Middle, Northern I'turida IMMIGRATION PERSONAL INJURY CRIMINAL MA TfERS CIVILLITIGA110N January 23, 2007 Ms. Kay Deselem, AICP, Principal Planner Dept. Zoning & land Development Review Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Submission of Affidavit "Oliva Mulching Petition" Dear Kay, Please accept the enclosed affidavit in regard to the referenced petition. Kindly acknowledge receipt of same. nal questions or concerns, please do not hesitate to email me contact at the above numbers. // / i/ Sil'l~er)lrY / / ,1 / .;;' / ~"/':f ;6'ert N. Peller, Esq. . NP/fc '77 ia Regular Mail ( Enclosure 3375 Tllmiami Tm.il East, Suite 300 Naple,. Florida 34112 RECEIVED JAN 2 6 20011- ZONING DEPARTMENT 239-213-0332 Telephone 239..793-5333 Facsimile Agenda Item No. 7D July 24, 2007 Page 82 of 269 AFFlDA VIT We/I, Jaime & Damaris Oliva as principals of Oliva Mulching lnc, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on Ihis 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 Mr. Robert N. Pelier, Esq. to act as our/my representative in any matters regarding this Petition. \. .- '1\ .K ::b....:::., n ~ Signature of Property Owner " (it) Signature of Property Owner JAIME OLIVA Typed or Printed Name of Owner DAMARIS OLIVA Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 23m day of January, 2007, by Jaime & Damaris Oliva, who is personally known to me or has produced a valid Florida Drivers License as identification. State of Florida County of Collier .I Notary Stamp ---- ~'I, ~(f"". No!my Public Slale of Florida RC,.I'fo Vanc!lBnMarengo ~~; MyCommi"iooOD39991j ~ OF fI.<f: Expires 02/24/2009 RECEIVED JAN 2 6 WOlf ZONING DEPARTMENT -.-------.:,..ii.:"m,._~'>o--- 'OH ~.ml~ ia il.... 'OlIlIoIkl ~ -. OC--O> C--O<O ON ON4- Z .0 '" EN~ 2.?-Q) -0", ro----' CU '0 CL c: <D '" <( .1 1 =r..~::;~ '.~~:g:~1 :'';<j,j ..,~orDP\i>u_NI -:11 ""I-'lJ"'~-Sg(llS:tLOOtllO__ U8'....s_0I8_ "'_"1lO!l -..,,'"""'-~ , Agenda Item No. 7D C I C t E I . t I July 24, 2007 a usa oas co OglS S, nc. Page 84 of 269 July II, 2005 Mr. Robert Andrea Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Re: Oliva Site: 10.05 acres in Section 26, Township 47S, Range 27E, Collier Co. Letter Report: Natural Resources Inventory Dear Mr. Andrea: In accordance with your request, Calusa Coast Ecologists, Inc. is pleased to present this letter report regarding the natural resources survey at the above referenced site. On March 25, 2005, a field investigation was conducted in order to survey for vegetation communities, land uses, potential jurisdictional wetlands, and protected species. A subsequent professional land survey was conducted by your firm on June 16, 2005 to verify the boundaries of the various land uses and vegetation communities per the Florida Land Uses & Cover Classification System (FOOT, 1999). The site is currently utilized as a commercial mulching operation, The majority of the site is cleared of native vegetation, and includes mowed grassy areas (predominantly bahia grass), dirt roads, berms, a small pond, and mulching operations. Two small areas, totaling 0.65:t acres, are native vegetation areas. These areas are dominated by slash pine in the canopy and mid-story, and saw palmetto in the ground cover and mid-story. Ground cover between the palmetto areas included a heavy cover of pine straw, with occasional upland grasses. Exotic vegetation included less than 10% cover of Brazilian pepper and Melaleuca. No protected species or their signs were noted in these areas. Review of 2003 aerial photography indicates that prior to development of the 10.05-acre property, habitat types consisted of 5.82:t acres of mowed grassy uplands and 4.23:t acres of pine/palmetto flatwoods. Therefore, pre-existing conditions included a total of 4.23:t acres of native habitat. In accordance with the Collier County LDC, the 15% requirement for native habitat preservation appears to be met on the site (4.23 acres x 15% = 0.63 acres). With regards to jurisdictional wetlands, it is highly unlikely that any such wetlands existed on the site prior to its development. The remnant mowed grassy areas and native vegetation areas were found to be clearly upland in nature. Dominant vegetation in all strata was found to be non-wetland species, and no signs of hydrology or hydric soils were found. Adjacent off-site areas to the north and east were found to be pine/palmetto uplands, as well. The Soil Survey of Collier County indicates that two soil types are present on the site: Oldsmar Fine Sand and Immokalee Fine Sand, both listed as non-hydric soils. Environmental Resource Permitting. Due Diligence. Habitat Mapping. vVetland Delineations Dock and Shoreline Permitting. Protoded Species Survey & Planning. Mitigation & Monitoring 4666 Siesta Circle. Fort Myers FL 33901. Tel: (239) 939-7427. Fax: (239) 274-3020 ~-,--"".,-~~.-....'., Mr. Robert Andrea Oliva 10.05 acre site. July 11,2005 Agenda Item No. 7D July 24. 2007 Page 85 of 259 It is expected that the South Florida Water Management District (SFWMD) would agree that no wetlands existed on the site prior to its development, based on the above-described information. However, the SFWMD has recently instituted a policy that wetland determinations will generally not be conducted on a site until after an Environmental Resource Permit (ERP) application has been submitted. This policy has been instated due to a heavy staff workload. Since an ERP will not be required because of the lack of wetlands and hydric soils on the site, it is unlikely that SFWMD staff will be able to visually inspect the site in the foreseeable future. If you have any questions regarding the information provided in this letter report, please feel free to contact me directly. We look forward to continuing to work with you on this project. Sincerely, Calusa Coast Ecologists, Inc. VIA ELECTRONIC MAIL Ilene J Barnett, President Page 2 of 2 Agenda Item No. 70 July 24, 2007 Page 86 of 269 July 5, 2005 Ms. Heidi Williams Principal Planner Collier County Government Department of Zoning and Land Development Review Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Narrative Letter for the Proposed Mulching and Recycling Facility Conditional Use Application - AR - 6750 - Jaime Mulching (CEC File No. 04.270) Dear Ms. Williams: The subject property is located at 1340 Wild Turkey Drive, approximately .62 miles east ofImmokalee Road. The petitioners, Jaime and Dmarys Oliva, have purchased this property with the intent of developing a horticulture recycling facility on the site. Per our pre-application meeting, this type of conditional use is permitted in the Neutral Lands area and is consistent with the Future Land Use Element. The petitioners agree to develop and maintain the proj ect based on the following limitations: 1) Recycling operations would be limited to horticulture waste, including the stockpiling oflogs for making lumber. 2) The tub grinder would remain on site at all times and only operate between 8:00 A.M. to 5:00 P.M., Monday through Friday, and 8:00 A.M. to 12:00 P.M. on Saturday. 3) Dump trucks that are stored overnight on the premises would be limited to those owned by Jaime Trucking, Inc. (Jaime and Dmarys Oliva) or those directly engaged in hauling horticulture waste to the site or mulch off-site. 4) A maximum of 5 dump trucks and 12 to 15 roll-off dunlpsters would be stored on the premises at any time. I:\DA TA \2004\042 70\Conditional Use Work \04270CondUseLetter20050705.doc Ms. Heidi Williams July 5, 2005 Page 2 of2 /\genda Item No. 70 July 24, 2007 Page 87 of 269 5) On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. However, gasoline storage containers up to 5 gallons in size are permitted for yard work equipment, etc. Additionally, there will also be a small office trailer placed near the entrance to the site and a endloader would be left on-site to load and move the tub grinder around as needed. There will also be one employee who would remain on site during normal operating hours. Maintenance and minor repairs for the dump trucks would be accomplished on-site but all other repairs would be accomplished off-site. The diesel fuel tank listed previously would be kept on-site for the fueling of equipment directly involved in the mulching- recycling operation. This size fuel tank is typically already permitted in conjunction with agricultural activities in the agricultural zoning district. The petitioners experience with hauling horticulture waste and mulch (they own Jamie Trucking), indicates that the demand for their mulch should surpass that which is created by the horticulture waste. We believe the list of limitations offered by the petitioners would ensure the proposed operation would be developed compatible with the neighborhood and remain so in the future. Upon completion of the conditional use approval we will be submitting the Site Development Plan. Should you have any questions regarding this project please do not hesitate to contact me at (239) 643-2324, ext. 134 or randrca(aiccciflco11l. Sincerely, COASTAL ENGINEERING CONSULTANTS, INC. Robert A. Andrea Planning Consultant L\DA TA \2004\04270\ConditionaJ Use Work\04270CondUseLctter20050705.doc . " woo'iiU~,,",llii.'!'l'Do"""" ....Qltl01J ';'U-Inoo ~g:g:l:m ;~~. 'HinOS L? dlHSNMOl '9"1: H311l0::l '.lSYJ a 3~NTAzmns AHYaHClOIl O~lI\W,S ~N'M"""" ~ NOTl1.:l3S HI ~NIJ.l SONY') 30 mw. ~~~~~~~~'~.m, S..ldd....."'A:JA.lIrlS NI Nr.lN3"O oa.,.o 3it .o""u, 9[ '&<I']TH '"n~ l-1'Sl! ...,11I"""" '........, W/91/'O :..::::.~...::~.:.._-..;..~ 0"-'" ,,-0<0 ON ON....... ~ _0 "'",--.. CO '" Q) ::""".:Jcn CU..., CU "0 a.. C Q) Ol <( ------z- ll~ ,C .~ . O~ .. .1 l!i ~!~ n;! . .1, I " .. ~~15 ~ ~"l!! " ",!i'I ! ,., ~ i~1! I gb~ I".j 1.1;. e\,,!, i!;!J"i'I 'ilis,! t, , l ! . I~: "I I'! , !! ->- \ \ Li " y! l;j! : . !lll. ~ l!i . ~ f' ::.~~!... '; - ....::; ~ lSi. a I " I I I I I \ \ I \ I I V " 'I I' ~~ " 1I I! VATIC ;;'HVJ'{ ;'1 ~;i I!! ii; 85~ g~a iljm I!, i!, ,- " :!l ;'l :'l;!l "~, ,!, hi "I 'I' !. , ,I " I .11 e~~~ n~ "~i' ~111 ~hlh >!'II'" i '. .!~! - '.....1 ! '-iO",- !ili:j.!; "<!'-l" ~iil-~l'i:!~ I >!l,!!. ; I'i'd. ~li lilil ili~ ~ 1"1 g i I,. li' I'! "I 11111 I!~ ~ SW34'52"E6tfi.U'(S) -~~----------- "~I"~! ~t Wl:la i~l'ltl'1 ilhg,i ",.'" :ii"lt ~g~h~3 ~I!!; ~~ ~:: '/;!!!~t:;~ 1';.1/ ill:i;1 ,'.,.. :l"'!t i!'S!it. ~ <!!al! l;'j;l SIlD"5f'SlOE 6&.73'5 -, 11 ~'a~a';l_ >~:i:'~~!:i$;!~ "lIi-I'1; k~~ E..~... i";"l.!l !'-ili'. .jl,..I;'1 ~"'h~~i5no! i<=..~~!~~ e "Il', < '; 'I;-. I~i"l,,;i~ ~." 'ii .. d~~~:llg ~,~ ~l::l:h I' illl;l;: I I , I 'I( I, t--\ I . I II I I . ---~ \ I ">- J ,I _~ ___~ (Ii ..-_ ___...-:::----- .--- -~-- ,.;~ -- --- ---;:;;:-- :,l;:li -~ ~-=="- .--- ~ / - -:-:::-- . 'I !, I I ~ ;I,! I I III I,. i!" : '"~ " !'! !I'I ,. ili 1:11 ill:1 :11:1 1111 ~ I'~' , il!1 a JAlIIQ loHS;]"S;HOO-HLn05 tOlE _ ~ 1.16~ ".'5 ""f'OlJ ~"'::r;-:J ~ ...........,..tlOOO':5N'IID_.' SlNVllnSNO:J t;; II 8NI~33NIDN3 iii ~ lV1SlfO:J j! ., i; i ;'.I~ II ;illll i ;1 i;!!'i II i-I!!I:I II ili~h;i Agenda Item No. 7D July 24, 2007 Page 89 of 269 RE: Oliva Mulching Petition, CU-2005-AR-8046 INDEX TO MATERIALS SUBMITTED FOR CONSIDERATION A. Executive Swnmary Pgs, ] -49. B. Letter dated October 5, 2006 to Douglas Wilson regarding stipulations for conditions set forth by ClNA and Collier County Staff Conditions. C. Description of Area Business Related Activities with a Swnmary of Home Occupational Licenses. D. Color Photos of Mulch machinery to be used at facility ( 7 photos) and docwnentation indicating date and price of sole mulch machine/tub grinder purchase. E. Acoustic EvaluationlDecibel Readings for proposed mulching operation by John Hisler, Forensic Audio Enhancement expert reports dated July 14,2006; July 18,2006 (conducted in presence ofCINA representatives); July 19,2006 (Expert opinion on suggested concrete wall instead of burm around mulching operating area). F. Copy oftbe "Collier County Noise Control Ordinance". G. CV of John Dallas Hisler, Private Investigator. H. Petition in support of Oliva mulching/recycling operation. (3 pages). I. Official printout of contents of Code Enforcement file for Thomas Keegan regarding 110 Jung Blvd., Naples, Florida and mulching operation. (contains date entries of observations of code enforcement officer and images ofmu/ching/tub grinder subject of this matler) J. Copies of attempted co=urucation and resolution of issues in this conditional use application between representatives of Petitioner Oliva and CINA. Aoenda Item ,No,]O ,c.Q1.'c," JulY' 211?;;OD7 p\3ge:9\l6f2,69 '-',JH: 101 ",':: EXECUTIVE SUMMARY CU-2005-AR-8046 - Oliva Mulching and Recycling Facility: Jaime and Demarys Oliva, represented by Coastal Engineering Consultants, Inc., requesting a conditional use for a horticulture recycling and mulching facility in the" A-MHO" Agricultural with Mobile Home Overlay zoning district pursuant to LDC Section 2.03.08.A.3.a(3)(g) which allows facilities for the collection, transfer, processing, and reduction of solid waste in the Rural Fringe Mixed-Use District, Neutral Lands area, consistent with the Future Land Use Element of the Growth Management Plan. The subject property, consisting of lO.OH acres, is located three-quarters of a mile east of Jmmokalee Road (CR 846) at 1340 Wild Turkey Drive, in Section 26, Township 47 South, Range 27 East, Collier County, 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 (CepC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERA nONS: The petitioner seeks a Conditional Use to permit a mulching facility in the Rural Agricultural- Mobile Home Overlay (A-MHO) zoning district. The subject site is located in the Rural Fringe Mixed Use District, Neutral Lands as designated on the Future Land Use Map of the Future Land Use Element of the Growth Management Plan (GMP). The GMP allows "facilities for the collection, transfer, processing, and reduction of solid waste" which includes horticultural mulching and recycling. Section 2.03.08.A.3.a(3)(g) of the Land Development Code (LDC) implements this allowable use through the Conditional Use process. The subject property is 10.04,e acres located approximately three-quarters of a mile east of I mmokalee Road (CR 846) on Wild Turkey Drive. The site is adjacent to vacant properties on the east and north, The applicant owns the property west ofthe site on which there is a mobile home. The property south of the subject site is an operational sod farm that is a portion oftbe Jones Mining site. This earth mining operation was recently approved to allow blasting for rock excavation. There is an application under review by staff to expand the mine. Although this application has not proceeded to the public hearing stage, it is possible that the eartb mine could expand toward the subject property should the petition be approved. The larger surrounding area is home to several Conditional Uses, including three earth mining operations east and south of the site. The mulching operation entails bringing vegetation that has been cleared from construction sites to the site for processing. A tub grinder chops the material into mulch which is spread to dry before being removed from the site. The conceptual site plan designates areas for an office Page 1 of3 item hJO. 70 buly 24..2"007 Pag9 91 'Of 259 ~"-. . trailer, grinding, spreading the mulch, water management and preserves. As more comprehensively described in the attached staff report, staff has recommended that, should the Conditional Use be approved, the applicant be required to provide a six-foot high wall atop an eight-foot berm around the processing area for noise attenuation. Surrounding property owners complained that noise could be heard from the subject site that sounded like mulching equipment Although the property owner did commence operations prior to obtaining Conditional Use approval, the applicant has demonstrated to Code Enforcement staff during a site visit that while no machinery was running on his property there was noise from the soutb that sounded as though it were from his land. Staff feels that with proper buffering, including the recommended wall and landscape buffers, that noise impacts could be reduced. It is anticipated that impact from glare, odor and economic effects will be limited. The petition is consistent with the Land Development Code. The applicant has adequate ingress and egress to the site, as requlred. The agricultural district contains a mixture of uses, including several similar or more intense than this one. Therefore, the petition may be deemed compatible with the surroundmg area. FISCAL IMPACT: This Conditional Use will have no fiscal impact on Collier County. However, further development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. Please note that the inclusion of this information is for informational purposes only and is not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMEl\'T CONSISTENCY: Future Land Use Element: The Comprehensive Planning Department has reviewed the proposed Conditional Use and found it to be consistent with the Future Land Use Element of the Collier County Growth Management Plan. The subject property is designated Neutral LandsIRural Fringe Mixed-Use District (RFMUD), as identified on the Future Land Use Map of the Growth Management Plan. The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and AgriculturallRural and Conservation designated lands farther to the east. The RFMUD allows for facilities for the collection, transfer, processing and reduction of solid waste on Neutral Lands, including horticultural mulching and recycling centers. Transportation Element: The Transportation Services Division has reviewed this petition and has determined that the site generated trips are consistent with policies 5.1 and 5.2 of the Transportation Element of the GMP. The applicant owns five trucks, each of which is anticipated to account for six total trips a day. A conservative estimate of the traffic gencrated by the proposed use is 44 total trips. A reduction in the level of service is not anticipated. Page 2 of 3 Agenda Item No. 70 Uuly 24, 2007 Elage:S2:oK269 f..\; De :) ::J~ .;!9 Conservation and Coastal Management Element: The project as proposed is found to be consistent with the Policies and Objectives of the Conservation and Coastal Management Element. Since the subject property is less than 20.OZ acres, a minimum of 60 percent of the native vegetation (not to exceed 25 percent of the total site) will be preserved. The subject property is located within the panther secondary merit area and near primary merit area. The applicant will be required to address mitigation for potential impacts to habitat at the time of Site Development Plan review. The applicant is providing a total of 2.54 acres for Preserve, including 0.46 acres of existing native vegetation and 2.08 acres of re-created preserve to replace areas cleared illegally. In accordance with the GMP and LDC, the minimum acreage will be provided in the largest contiguous area. There are no known off-site preserves and therefore there are no connectivity issues. ENVIRONMENTAL ADVISORY COUNOL (RAC) RECOMMENDATION: The EAC did not review this petition because no Environmental Impact Statement was required for this project due to the size and nature of the site. COLLIER COUNTY PLANNING COMMISSION (CCPCl RECOMMENDATION: This petition was heard at the June 15, 2006 CCPC meeting. The Commission motioned to forward petition CU-2005-AR-8046 to the Board of Zoning Appeals (BZA) with a recommendation of denial. The motion passed 7-0. Commission members considered testimony from members of the public who were concemed that the proposed operation would generate too much noise and dust. They also expressed concern over the business practices of the applicant. It shou ld be noted that several surrounding and nearby property ownerS attended the CCPC meeting in opposition to the proposed mulching facility. Their primary concerns were potential noise impacts, disregard of rules by the applicant, traffic and hours of operation. Based on the Planning Commission recommendation of denial and opposition from members of the public, this item will be placed on the regular agenda. RECOMMENDA nON: Staff has recommended approval subject to the conditions attached to the Resolution, which seek to mitigate potential negative impacts to the surrounding area. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Executive surnmaryiCU-2005-AR-8046 Page3of3 Item Number: Item Summary: Meeting Date: ',,_ A@~n~1a-JteFm-INP, 7D JlJ1y 24;;2007 r Rage e~of 269 COLLIER COlJNTY ,..., ''',::=-' C:~'l!~~T'i cr;',',,\ii,;~S~,d)1 'is "I;S ilL'l1i -('c:UfU; ~)l(it Ti Pb'fc':; ,w~~: i-e ~N,")"i '~'1 illH~ el' ::;'If\~ " :~C:'l.';-I':t7 !If' I1ri-""IOf;~i by ":::::m:r~~:ssi;J'l rl'e~l~e~s i-=I...:.202S /',"',8-04:::\, ':::,'1''',',: r'/JL::i'i";: a;'Q ?,~:~';,c;:if';; ;-",d'ily .J;j\l:l~ ,we. [)"'n",":~ :-':i~'" [;o!r;r~::-:,"r,r'"::J I:~' l:::o,-.:,;::ta; E>;:iF>;;"'~ng .::c;r~,"jl."ll':' li-.C,,; -o'~:Jf:'S,!Il-~ Q ":,,~Fli:,:n"iHIl..'S>7. 'Co' ~~ 'l;:rii::uliu~,:: r;:;;::,':~ii,"g .",j r';UiS;!-'I~T~ r3,:..iclt: In rh,;. /" k1HD ;\]ricu.'~lJr;]i ',YT~I il"D,lli!! ...,'ill!'.,' ,':!c~:i,"'{ ;"r',ir~[i iJ'~lfi:~ l1l,'r~>;Fil';' 10 ~ ::": Sr:;,:,t:::n -: C-~ ~;8 ;\ ~, :1(:< C> '.'.:h ('1 ,1"G\'''~ '.:;:;i'i:i'I'::S for ~:I-:: ::'J,I'2Cli:J1~ :'::::I~>;.;,r ir~'[.-::S~li'~I, :J,!~i "Ub:;::'O-II;'- ',;'.'Iid ~..'a,;;!'i it, lil',~ ~:~iilJJ r.:r:Q't t,/i~:?r:l Js:; :;"Sir,cL Ne.J-lrt:d Lc,n.j:; 8IC;}, :(I~ISls;ltrl~ wi,!; t'I~~' ~1,llJ;C 1-E.I~d U3-e. El'7r'1',';llt J' jh~ ::;~QYI~tl t':"YI:lg,,:,rr,!:'ll! FI,H', :h", :::iJtlt:[J 1,'',);'[:l'ly :;ul'<,i!:.'I"lO c,: ",.'l.A ;.t;:r.,;,s, \~ rtlc,~:~:::llj\f~""-Cj3il'2'S ',.:;f i:! mlif' ~'a';1 lillr:r"id:,JI"" Rrr:'d I:';R :,~(;'I ,'I:'I~>,Fj \N.:d l\II,t'PjI O"Vi:i, T: _h '[1[11',.::5, 71'\\:'1':11:1' ,~i::':J"lh, ~:;Jll\m:, ';~a,:l C>.iho-:l '~r)ll'lly, F-,nr-t,;, -: ': .1', ,I::' ((1-5 ~' J C (;J ;,U Prepared B:y Heidi '/;'1: :;11T15 CC,G,i'L-' r!\, ;:::;"" cT'" '. " Fn',,"r'[j;- :'illL'l ;, 1',1'. ': I'r Ir,', f'" "'I:~n'I;,1 C,:,!I "~ ,;>, U::.;i roO' ';iC'fW It P,C',"S'.'. r;'::2'::[n~ ~. ~~' Ii' .'~1 Approved By ",if',' ,.','!;;-.;\;.';;' C:w'l111 lil', J'I,,,;""'I;,:,,"i ;', LiWil :"'1''':' $",: Approved By ,.1",-11 i\IF::Ci<,:>-.v ," :' ~ t'i!, """.', .., "":~" 'i'::>h'.,= ':-3 Approved By Ii' -'1m '" ;:-;;.,,1 .. .\ir:F ""\' '-?,:jCI 2"~' :8'3 '111'1,;,'1;;:1' ;'1","', ", /.,'~'I' "11 ::;,.. :6 ~ Approved fly ,,',,', ,~~- ~<(,~'; '1:1'1 ,'-:,1 , ~'l" -i 7/r,': Ap.proved B}' . \'i:(' A ~,I:: ., :'~l'\r:' L'[',;:" :'.- v"~':- ~:(,:- ,.",..Ol',)'i" ';~,Il "n'IC",,, l'li' DE';:c, Zrd" ;;.. i;.fi [":.':1,.;/,',.'111 ;,- "W l' '2" .. i I ~ L, J-.' ;:,~ As:, ,", il C;:;';' II- ;.~i:2:'ley II .'1'" "1'1",,:;' ,,, "':'H" i, ,I:i;;j' G.' ~.' 1"1' )"1:.1!LI.j!'l' 'Dr ~,;.~:!~,r;Oilstl f,- D,1;2 il\' I ',i,p '. '3i H '1<"11 "'i"I',' ,,:;;,','jC€" "', Il~ i\ppro~'ed By ..'1,''''';;;'> Co, 'Je... ."_':J'I"" :'::';1'.1;"0:""::11:2' :;~:"'I:':;:S Apprond B)' JOS":',:'i, ,~" Sc-:"" l~L CU'I',I'1, 'iH:_' 'L ~v'" Zo,,,n';' ~', l ~ ::: '~\i 'r,II':" t"!r -"," 7.;",ir: :~, :'; .e-,',j i i",,' ,d 'n .'W 7;- : :;(::11;'''::'''/ ":,:i'I:T' Er~\!i' \:Ii1"'lt,11 S[,,- U,' ,', ij I~' ,:-' . ! "~ n-.;:, Call1ji;.JI~; 1~' ;,','_""I:,n,":I:"" t\;)"Pl~eM\ja Imr11"Mo. 70 J:"y .ftjfi2lt~! 2007 'j!f.ag'e!M of 269 Elwirr:mnwn;nl Sl:Jlnii::.s;; SrllliFJnITJE'r:i3! S:<:n'i..::es AdmllL T".2;ZU;:ib 1;\:(}[! PM Appro-vc-d By (JMB C:[>(;r:Jinnrof !, ::jmini.\.:rf1th'(': A S,,;':SL:'llTt Dill€' Cowll... 11,o1;;n"'J,n<;:.Ofii"u C.1ffir:e.::,f Mafl'i1!Wll1fm' & E.ml~1"!t 7/1 ;JZ-:\06 J:'~~ i'M Approved By f.~flrt; n:;ili~t:fJ)f1 6wJ]#1 t.j~nl~"'t ~i'.t8 C<:7UHt:l' r.~31Tlfigf:(S OHif.'€! 01fil:o<r,fMi'!r,,,,r;;-o:,,,'.r:,,1 a.~lltd;rpt ii1212nDf> ~~3fl PM Approved By JiJ'mf~5 \I. M~rid G(!1)l1fY MOfHll1nr :Ja:e 8o.;>,j of C~unW C(i!)11t1k.',I:)f';wr3 C01lf>tr M'Jr1;lgt!:r's G'n!C~ 7'1 ~;;';:IJOb 5: Ie F'M . . . . - - -AG~~~M:'t~~7-- ~nf~ df?G9 ~d~. u. .-- Co~'" County ~ ---- ~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 15, 2006 SUBJECT: PETmON CU-2005-AR-8046, OLIVA MULCHING AND RECYCLING FACILITY PROPERTY OWNER/AGENT: OWNER: Jaime and Demarys Oliva 110 Jung Boulevard Naples, FL 34120 AGENT: Coastal Engineering, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REOUESTED ACTION: To have the Collier County Planning Com.mission (CCPC) review a Conditional Use application for a horticulture mulching and recycling facility within the Rural Agricultural-Mobile Home Overlay (A- MHO) zoning district, pursuant to Section 2.04.03, Table 2 and Section 2.03.08.A.3 of the Collier County Land Development Code on a 10.04010 acre site. GEOGRAPIDC LOCATION: The subject property is located at 1340 Wild Turkey Drive, east of Immokalee Road (CR 846). The site is located in Section 26, Township 47 South, Range 27 East, Collier County, Florida PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use pursuant to Section 2.04.03, Table 2 and Section 2.03,08,A.3 of the Collier County Land Development Code (LDC) for a horticulture mulching and recycling facility located within the Rural Agricultural-Mobile Home Overlay (A-MHO) zoning district, on a 10.04* acre site. The conceptual site plan provides for a loop road, loading area, roll-off container area, mulch spreading/drying area, buffering, water management and native vegetation preserves. . The mulching operation entails the delivery of vegetative materials to the site for processing into mulch, storage for a short period of time and then removal of mulch from the site. Raw vegetation is loaded into a tub grinder, which chops the material into small pieces and directs it out into a designated CU.2005-AR.804S June 15,2006 Page 1 of 9 ,,-:';J~ ~ ':-:'0 'A.--:- .; _ ::;:."V -.:-,- " 2' . -e .Agenda Item No. 70 July 24, 2007 Page 96 of 269 fiI'j.fj , I "I' i I I - -1 , i - z 0 w- >-!;;> 0;0 0 ~ I I \ -.. ,- . I \ , , , i , ~I I I .. I I , I I , I r 'i I I J~~' IO'.3lDS>lOiCJ I - I ! I I'~ : I lie ~ ,~ I "11 l i~ 1 , UUfdl~ / .~ - ...- I \, " , ~ 8u i;5 ~g !l. <t :iE UJ ?- m '" ... " '" "' <( on o " N ::J () .. z C >- .... w "'- n.. <t :iE Z o I- <( () o ....J r- tiX:~~ ^ ~, TT ~ i . ~] I ~I .!.: . ui ~"J1 'j ~~- L " I I , ~ . " \ I . g .!'. U , I / I ~ '" 'I 0, "" .'^ "" . . . A~enda Item No..]D I-.co'-,,1<JJViY'?if02eJW ~1f_~.~,~\59 , dUe;" '-,' \.,' "-I~ pile area. The mulch is spread out and allowed to dry on-site before being trucked out again. The applicant described the machine to be used to process the mulch as a "Morbark 1200" that runs on diesel fuel. The grinder draws materials into the top of the machine and sends the mulch out on a conveyer belt. The applicant stated that a person standing 400 feet away from the machine while it was running would hear about 52-57 decibels of sound. This noise level can be compared to being less than a lawn mower or vacuum cleaner. The amount of noise decreases as the distance from the source increases. The o,^nerS propose limited hours of operation for this facility; they have requested operation hours of Monday to Friday from 8:00am to 5:00pm and Saturday from 8:00am to 12:00pm. Staff would suggest that legal holidays should also be excluded. The applicant intends to further limit the impacts of the operation by restricting the number of trucks that they own. The Olivas own five trucks, each of which would make up to three trips in and out of the site each day. Wild Turkey Drive, which is the only access to the site, is a limerock road. The applicant states that they will maintain the road by periodically rcgrading the swface. SURROUNDING LAND USE & WNING: SUBJECT PARCEL: Undeveloped, zoned A-MHO SURROUNDING AREA: North: A-MHO East: A-MHO South: A-MHO West: A-MHO Vacant Vacant Agricultural Sod Farm Mobile Home ZOl\'1NG ATLAS MAP I~ ~~ ~ IT- Iu: z: v' F ~ 215 PUZ~ ~D Iii .' _ ~ ~'''T ~ ~ ;J rv ~ , '- ;; , JL" If - - " @J m '-MHO'" jAJd ILj.~ ro...':! , i\ U:L" ~ · 'tIl. I I , ../. -rr-I...... PtATT,w i~ '1 t;; , . ~ .. j ~- , ~ ! "\; ~ .. 1> '" ..... ry I-J. , R I .... 171 2ll .... I !.~ I I , .)+1.>> /' ~IJll . 'Sub -ect Pro ert '] p y CU.2005-AR-8046 June 15, 2006 Page 3 of 9 ';' 2) ~ :;::;.~ t-,l- :-~ ~ :> w '" ~ ~~' ~i "'>t.~ ~: 1~g;ai >n N ......_, s< ".,.ii<' <<l ~ ..- ;::;'R'~ ~ v&:r:Cl:.t: -" Z f'Md lUS l'dl"U.Jl:l.NO:) :JN1l.:u.:JJ'tJ '1\'tlnLln::H1,ll:iOH OH'" ONIK)'1m"l ....., -< , I "" 5~ Q en I " I.. . f I 'I"'''' I ! I, "'!IS; II I "i II !:l ~iill J i ! I I II I t . I II i II I 11 ~ Agenda Item No. 7D July 24, 2007 age 98 of 269 ~ . - ...,...-- __'liIOl{ LW__.......-a --~ ~ ~~ -----z- i; ! . , . .. 3 I .. P . I i I d! ~I II . . III il !I . i l rD i II I --..-,. .. - . ~_.._.._.. ~! !I ~I . ~ i Aaenda Item NQ,JD < co',-" J'I" -." ,,< . "', LJ" 24 '2JJ07 i\'aQ~~~4!'9 I ,J ';.-~~. . I" Q -t ~ GROWTH MANAGEMENT PLAN CONSISTENCY: . CompreheIlSive Planning staff has reviewed this request and offered the following comments: Future Land Use Element: The subject property is designated Neutral Lands!Rural Fringe Mixed-Use District (RFMUD), as identified on the Future Land Use Map of the Growth Management Plan. The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and AgriculturallRural and Conservation designated lands farther to the east, A mixture of urban and rural level of services for residents within the District is allowed. RFMUD lands designated as Neutral Lands have been identified for limited semi-rural residential development and other limited development if it is directed away from existing native vegetation and habitat. The RFMUD allows for facilities for the collection, transfer, processing and reduction of solid waste on Neutral Lands, including horticultural mulching and recycling centers. Additionally, the Collier County Land Development Code indicates that this sort of facility is allowed in the RFMUD Neutral Lands by conditional use. FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses, Comprehensive Planning leaves this determination to the Zoning & Land Development Review staff as part of their review of the petition in its totality. . Per Policy 6.1.2 of the Conservation and Coastal Management Element, a minimum of 60 percent of the native vegetation present, not to exceed 45 percent of the total site area shall be preserved. Based upon the above information, Comprehensive Planning staff concludes the proposed conditional use may be deemed cOIlSistent with the Future Land Use Element. Conservation & Coastal Manaeement Element: Environmental Review staff supplied the following analysis of the petition: The property lies within the Rural Fringe Mixed-Use - Neutral Lands designation of the Collier County Future Land Use Map. Since the subject property is less than 20.(}.t acres, a minimum of 60 percent of the native vegetation (not to exceed 25 percent of the total site) will be preserved. The standard is in accordance with the vegetation preservation and retention standards for the community facility development and mixed-use development (Minimum Retained Native Vegetation Requirement). The subject property is located within the panther secondary merit area and near primary merit area. The applicant will be required to address mitigation for potential impacts to habitat at the time of Site Development Plan review. The applicant is providing a total of 2.54 acres for Preserve, including 0.46 acres of existing native vegetation and 2.08 acres of re-created preserve to replace areas cleared illegally. In accordance with !be GMP and LDe, !be minimum acreage will be provided in the largest contiguous area. . There are no known off-site preserves and therefore there are no connectivity issues. Cl!-2005-AR-BQ46 June 15,2006 Page 5 019 . Agenda Item No~.7D Nj,i'd2 Jury: 2t2\)D7 P.ag~ r\l\l-6fl~.f;9 r"" :,:0 ' , (l' .' ~:' Policy 6.1.2 & 6.1.3 As required in Rural Fringe Neutral Lands, 60 percent preservation of native vegetation, not to exceed 25 percent of the site will be accomplished on site. The area shown on the site plans is the largest contiguous area. Policy 6.1.4 All invasive exotic vegetation will be removed from the project site during the development process. The site will be maintained for invasive exotic species in accordance with permit conditions in perpetuity. Policy 6.2.1 & 6.2.2 The wetland jurisdictional determination has not been verified by SFWl'vID staff at this time. and will be verified during the ERP process. Policy 6.2.3 & 6.2.5 Pennits or exemptions from SFWMD and USACE will be required prior to SDP approval, Policy 6.2.6 The conceptual site plan identifies the preservation areas that will be subject to conservation easements. Uses that are harmful to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation will be prohibited in preserve areas, The project as proposed is found to be consistent with the Policies and Objectives of the Conservation and Coastal Management Element. Transuortation Element: . The Transportation Services Department has reviewed this petition and has determined that the site generated trips are consistent with policies 5. I and 5.2 of the Transportation Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Planning Commission must make fmdings (Exhibit "An) that: I) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request has been deemed consistent with the Growth Management Plan (GMP). If approved, this project will be in compliance with the LDC. The project will be required to undergo the site development plan review process to ensure compliance. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. . Adequate ingress and egress to the site will be provided through one entrance onto Wild Turkey Drive. During site development review, adequate measures will be required to ensure safe travel conditions for vehicles, emergency vehicles and pedestrians. CU.2005-AR-S045 June 15. 2006 Paga 5 of 9 Agenda Item No. 70 .'\'i,''''.:2 JIJ1\i24'.'.2iJ07 Page:1c01 bf'"269 !. ":,QB' ~ ")~ ":'Si . 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. The use could have some impact regarding noise to immediate neighbors. To divert noise impacts, staff has recommended that the applicant provide a six-foot high wall atop a two-foot earthen berm for a total height of eight feet, in addition to the required landscape buffers. The applicant has agreed to this condition and placed a diagram on the conceptual site plan. Limited hours of operation will regulate effects as well. 4. Compatibility with adjacent properties and other property in the district. With the appropriate site plan and buffering factors, the proposed facility may be deemed compatible with the surrounding area. Wild Turkey Drive is sparsely developed with low-density residential uses. The subject property is surrounded on two sides by vacant property. A mobile home is located on the west of the site. This property was recently acquired by the applicant. There is a working sod farm south of the subject site. The general area is transitional between residential uses and agriculnrral uses. Based on the information provided, it appears as if the proposed Conditional Use is an appropriate use of the subject site. EAC RECOMMENDATION: . The Environmental Advisory Council did not review this petition because there are no anticipated wetland impacts or listed species onsite. NEIGHBORHOOD INFORMATION MEETING: The applicant beld the required meeting on November 1, 2005 at Corkscrew Middle School cafeteria at 6:00 P.M, Twenty-two persons other than the applicant's agents and county staff attended. Among the chief comments and concerns stated were: . Truck traffic impacts . Noise from operation . Environmental concerns including; eutrophication of groundwater, DEP regulation, environmental review, invasive plant species and the integrity of Corkscrew Swamp Sanctuary . Potential impacts to the values of surrounding properties A show of hands indicated that 18 people oppose the conditional use and none are in favor. Several people requested another informational meeting be held in order to gain specific answers to operational questions the agents couldn't answer at this time. Robert Andrea of Coastal Engineering, planning consultant for the petitioner, committed to providing additional information. He later mailed a question and answer sheet to all those who signed in to the meeting. STAFF RECOMMENDA nON: . Staff recommends that the Collier County Planning Commission reco=end approval of Petition CU- 2005-AR-8046 to the Board of Zoning Appeals, with the following conditions: CU-2005-AR.S046 June 15, 2006 Page 7 crt 9 . . -'. Agenda Item No. 7D Jl.9~ndaJbly;2'li220P7 P~~e"1()'2 6/)2$9 1-'<:1';.81 j D" ..;:,! 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Mulching and Horticultural Recycling Conceptual Site Plan 2," prepared by Coastal Engineering Consultants, Inc, dated March 2, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. After-the-fact penalty fees shall be required for all clearing at the time ofSDP submittal. 4. Approved wetland lines or exemption shall be required at SDP submittal and SFWMD or DEP wetland permit or letter of exemption will be required prior to SDP approval. 5. A replanting plan for the recreated preserve shall be reviewed and approved as part of the SDP. 6. The subject site is within the panther secondary merit area and near the primary merit area. Correspondence from FWS and FWC shall be required prior to SDP approval regarding any mitigation for panther impacts. Any required mitigation will be required to be performed and evidence supplied to the County prior to SDP approval. 7. The project shall obtain an enviromnental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. 8. In addition to landscape buffers required by the Land Development Code, the applicant shall construct a six-foot high wall atop a two-foot high earthen berm around the subject site, exclusive of the native preserve area, as shown on the conceptual site plan. The wall shall be made of a solid material such as concrete block or similar to aid in noise attenuation and shall be in place prior to commencement of mulching operations, 9, The applicant shall ensure that Wild Turkey Drive is not degraded due to the mulching facility traffic. Road improvements, including paving Wild Turkey Drive, apron improvements to Immokalee Road or periodic grading of Wild Turkey Drive may be required by the Transportation Division during the SDP review process. 10. Hours of operation are limited to 8:00 am to 5:00 pm Monday through Friday and 8:00 am to 12:00 pm on Saturday, excluding any days classified as legal holidays in the Florida Statutes. 11. Truck parking shall be limited to those used in the operation of the mulching facility. There shall be fewer than six dump trucks and 15 roll-off dumpsters on-site at any time. CU-200S-AR-8046 June 15, 2006 Page 8 of 9 Agenda Item NO.7D ,,;:,'I\do ilt1ty N,2~D7 Pa~e' 103 ofZ.69 rl;>J8. /, ~1; ,.j ,; . 12. Fuel storage that is accessory to the operation of the mulching facility shall be permitted, subject to LDC and other applicable regulations, and sba1l not exceed 500 gallons at any time. Fuel storage shall be located at least fifty feet from any property line or preserve area. 13. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be fifteen (15) feet, PREPARED BY: :Ji/~i!l%;~p~~~AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 5/2 L{ 10Ce DATE RE t;-)~-06 DATE 5-25-06 RA YM D V. BELLOWS, MANAGER DATE eEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~~c~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REV1EW 5htJIoh , DATE APPROVED BY: c6 ~-/c K. SCHMITI MINISTRATOR r I DATE TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: VV\ o.vk P .AK~ MARK P. stRAIN, CHAIRMAN G-' (~-oc. DATE . Tentatively scheduled for the July 25, 2006 Board of County Commissioners Meeting Attachments: A. Findings of Fact CU.2005.AR-8046 June 15, 2006 Page g of g "'--.' -- -. Agenda Item No. 7D "9,'ncD !fuly! Z~ ;:>DP7 P~~!~e ~~ t# ~~9 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~-2005-AJl-8046 The following facts are found: 1. SectioDS 2.04,03 and 2.03,08.A.3 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 DevelopJ;Ilent Code and Growth Management Plan: . Yes No V 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 affect or _ Affect mitigated by -L Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district ,/ Yes_ NoL Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 0 - 1 \ ~ D~ Agenda Item No. 70 . il",Iy,llll-;2Q07 Pilge 1fJ5 :bl1269 -'::'::'1::, ,~':.)T ., FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-8046 The following facts are found: 1. Sections 2.04.03 and 2.03.08.A.3 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 Mimagement Plan: Yes_ No4L- 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 ~t or _ Affect mitigated by --+ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distri.~t Yes_ NO~ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recornmende,d fori approval to the Board of Zoning Appe DATE: 10' Ii D ~ MEMBE EXHIBIT A . ~ .. Agenda Item No. 70 '''!Je"d~ lllllr, 2~. 2imll7 pag!j' 106.1Jf:lI69 p;e;:gt:- J 7 cd ~g FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETIT10N . CU-200S-AR-8046 The following facts are found: I. Sections 2.04.03 and 2.03.08.A.3 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 PIan: Yes No ~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: . Adequate ingress & egress Yes_ No~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by '/ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No "--- Based on the above findings, this conditional use should, with stipulations, (copy attached) be reco=ended for approval to the Board of Zoning Appeals. DATE: /; It oj J 6 L , . MEMBER: ~~~ . ExHIBIT A . Agend a Ite.m N. 0,' July 2'l; 2 Page 1)}7 :0,[9 ;'>.'<:;;:; . f 'J~ {, _' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION C1J-2005-AJR-8046 The following facts are found: 1. Sections 2.04,03 and 2.03,08.A.3 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_ 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 offue or catastrophe: Adequate ingress & egress yes'f-- No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by -f.- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No 'I.,C Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: (..,/1;- 0 G,. . MEMBER: j2.....\:.e J f T..... (.,{. EXHIBIT A Aqenda item No_.1D "'J','11o Jtily..z~::z,(lQ7 P~i! '1fl8.Ot?'6;g r-dcJul':,' o;7]~. l FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION CU~2005-AR-8046 The following facts are found: 1. Sections 2.04.03 and 2,03,08.A.3 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 Land7tnent Code and Growth Management Plan: Yes No f., 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 mitigated by ZMre~~ cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within diS7 Yes No v Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. " f7G DATE: il' ,,( 7 / ( ? MEMBER: 4 I- EXHIBIT A , ~ Agenpa .Item, No_70 . "",J~tY';:;r,:~Dt17 p~,'J~ 3.1 ~~9 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR CU-2005-AR-8046 The following facts are found: 1. Sections 2.04.03 and 2,03.08,A.3 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 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 V" Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No V Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 6 -/(.17' ~1AN: Z:~ " EXHIBIT A Age i\.gr:ldf! !.to P.ag& 1'.f r",,~:e J." FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION C1J-200S-~~8046 The following facts are found: I. Sections 2.04.03 and 2.03,08.A.3 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 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 offrre or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by ----"- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district NO/ Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: (f/;3/ Of..:, I I MEMBER: Mh7rU.-. '72 pd-, ~ EXHIBIT A COLLIER COUNTY GOVERNMEN1 DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET (i) Agenda Item No. 7D Loe-,e" >\1;Ii'/, f:h. 2Gfl7 ... P~\lf' H1 :EJIC2?9 2800 NORTH HORSESHOE mttjle22 01 L(! NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 i';jf.:-: E; ':,"':' :;:ti;: ~:: ~~!~( ;i.;::;~~n~~; '-;-:; ~;, _ ".,;.-:;;.~ :~.-: ";~;' - ;;',' :., .": ",:'..;;;. ~jn,..~:: -.., ";...:.,;:; ;";: ':>'" ~:; '.i :."." - :" .:(", - ','~i;; c.. "...' ,. ~(~: "~' <\ ,: ::' ~;.::: ~': - : ~ ,;:~;~:<:;'::-,;2:-'.!'i :::"7;'~ ~ '~-'--. -'. ,.."... - ..," AeeUCaTjGliI'f-OR ,P-U,BIiIC HEAlUN(,..~..oR'u ... - . ,., . '., "Y'-- n~~Jfm~i~f~}~~?{1~.t~;i,t~~1~~~~~t;Mt\-~~~~~~~2:~1~E~f~~*~~~~~~~~~~~~}:,t PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER I I CU-2005-AR-8046 PRO.mCT #2004100065 DATE.: 7/18/05 HEIDI WILLIAMS L- ABOVE TO BE COMPLETED BY STAFF k'"iCC;'c ,,:~~_~::<,'0,~:,:: ,.~_, ,'." ,,,,-,i"";~p,i-;;C~j{~"'inNF.OR'M" ~;:T.ioii;i~?.:'t; , " ,~ ~~~_::~~"" ",~~;~""'_.~.o. .'. .,_.,..,..":..:...J~:~_~,,._. --,', "';.>~;C:'~.s~~' .-'HI NAME OF APPlICANT(S) JAIME AND DEMARYS 'OLlV A ADDRESS 110 JUNG BOULEVARD WEST CITY NAPLES TELEPHONE # 239-348-0778 CELL # E-MAIL ADDRESS: ST ATE FLORIDA ZIP 34120 FAX # NAME OF AGENT DONALD J, MURRAY. AICP FIRM COASTAL ENGINEERING CQNSUL1Ai'lTS. INC. ADDRESS 3106 SOUTH HORSESHOE DRIVE CITY NAPLES TELEPHONE # 239-643-2324 EXT. 157 CELL # E-MAIL ADDRESS: DMURRA Y<WCEClFl.COM STATE FLORIDA ZIP 34104 FAX # 239-643-1143 j~ri[~I:~H~tt~~Li\~i~~~ijI~~~~:~~~~ilii~~y~.ti~~~!~~li~*~H~~~kl::~G:~l~!\_:.-t~i: _~9c.;C?RDINGLY .""'tlE.l\ISUR~ TH~T.)"O~M;RE~N()OMPLlA~CE.wrrJ:l;.T"1~SE~EGULATiQ!IlS;<i:;;. 'cO' ::,~:S-~:l<;~:-;~r:}; ~'~.:: ~~::p-;,-:::~~,~~;~ ~'~~cf:~ 7~t~-~~T~7';~f~;~':'~:i? :~:~.~~::~giT~T~.0.~~~;~:'~,t~~::~.::;:;~~#~i;:3;:~:;;-:~~'~:.!~::.F~:~~~ :i~-:::(-::j~" APPLICATION FOR PUBUC HEARING fOR CONDITIONAL USE - J/J4jOJ, rev 5/20/2005 Agenda Item No. 7D :'.qe,n'jz ~~W 11,4,. 2Q07 - P 00 112-01'269 (;~F.~:;;:~;'~~ii~~r~~\~:~:1~\j:~};~';~;~~~~f\t:.~~tr~~}-;~if.fij~}f4t;;/~~!l~:s,o:ciA1ijqN~~~&i:j:t~~(p14o~~:g~i;t~l;;H.~lt!ltj;~jfip_!H~:!~!f:(tJI~~,';if~~%~/:~~~~fr r STATE ZIP STATE ZIP STATE ZIP STATE ZIP STATE ZIP 1".">";"',.,...,,.;- ,.".. ,.~.;"....." '. ......" :E"'" . 'N" "ES' ','" .... ....,' ...."'"'. '."" ."...~c..c....,....."'...,G.,,>,.,,".,:c...;'. 'l)lSClOSUR 'OEI TER T'lI\1FORM~1iION'''",,,,,,, J' '.- _ .- _ ..':- .,.." --'-", ,-'....... .,," .~.._ <:, .', .~--'--- " '__.; . . .' ~ -_:'<i' _. '.: , ,", ," ," . ,.' . ..... __ .~_ .:.:. ..~~7"'-._.~.....'..h._:. , '~'l ~-:,~~._.::- Q. If the property is owned fee simple by an INDIVIDUAL, tenanoy by Ih<l entirety, tenancy in oommon, ar joint tenancy, list all parties with an ownership Interest as well CtS the peroentage of such interest. (Use additional sheets if necessary). Na.me and Address Peroentage of Ownership Jaime and Damarvs Oliva 11 0 lung Blvd. West Naoles. Florida 34120 100% APPLICATfOH FOR PUBLIC HEAR./NG FOR CONDITIONAL USE - 4/14/03, ~,. 6/20/2005 Agenda Item No. 70 :,<",.", July 24, 2907 , c Pag~ t~j3(fi!39 2.:l ,Jf J~l b. If the property is owned by CI CORPORA liON, list the officers and stockholders and the pereentoge of stock owned by each. Name and Addr~ss Percentage of Ownership c. If Ihe property is in the name of a TRUSTEE, lislthe boneficiaries of the trus1 with the percentage of interesl. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of Ihe general and/or limiled partners. Name and Address Percentage of Ownership APPLlCATJON FOR PUBLIC HEARING FOR cONDmONAL USE - .4/T "'/03, rev 5/2D/Z005 Agenda Item No. 7D i\g~t:doJlil\l2*,.c.2l1El7 P ageJ1::til 5fiOO9 P"ge f5 :J! .:'i 9 e, If Ihere is a CONTRACT fOR PURCHASE, with an individual or Individuals, a Corporation, Truslee, or a Partnership, lisllhe names of Ihe conlrClct purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Addre.. Percentage of Ownership Dale of Contract: f. If any contingency clause or contrael larms involve additional parties, Iisl all individuals or officers, if a corporation, partnership, or trust. Name and Address 9. Date subject property acquired [gJ leased 0 Term of lease Aoril 15. 2003 yrs./mo.. If, Petitioner has option to buy, indicate the following: Date of oplion: Dale option terminates: Anticipated closing date , or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of applicalion, but prior to the date of the flmli public hearing, it is the responsibility of the applicant, or agent on his behalf, 10 submit a supplemental disclosure of interest form. APPL/CATfON FOR Pt)BLlC HEARING FOR CONDITIONAl USE - "'/14/03, ray 5/20/2005 :':f';' .:'~~!: :. -: ~:,. ; Agenda Item No. 7D />::e' c;:Jljly.24, 2Q07 'P'~~:11~6f 2.B9 "," ;:':i"'ic::",L;"'":,'f !:.:,;,.:.,;':::("::?< ~;Ir.':' ::,::~\~ ~:-rr:>: ',-',-c'::" !;.;:W(:'f1!:i:l,gP,!'ff:ID'.jll-pt~t!c>l>!i. ,,1\.--'-'" "::.-.---:"." Detailed leaal descriDliQn of tne DroDertv covered bv the a""licalion: (If space is inadequate, attach on separate page.) If request Involves change 10 more than ono <onlng distrkl, include separate logal description for property Involved in each dlslriel, Applicant shall submit four (4) copies of a roceni .vrvey {completed within the last six months, maximum 1" to 400' scolo) If required to do so at the pre-application meeting. NOTE: The applicant Is responsible for .upplying the correct legal description. If questions arise concerning the legal description, an engineer's eertification or sealed surve-y may be required. Secti 0 nfT own sn ip/R ange 26 I 475 Subdivision: / 27E Blo<k: POlle#: Lot: Plat Bo ok Property 1.0.#: 00108120002 & 0011 0760502 Metes & Sounds Description: hrcel #1: Thewes1 \-\. of the southeast y.; of the southwest y.; ofthesouthea.<rt Y. of Section 26. Townshio 47 south. Range 27 easllving and being in Collier County. Florida, Parcel #2: The east 'h of the southeast Y. of the southwest Y. of the southeast Y. of Section 26. TownshiD 47 south. Range 27 east. lYing and being in Collier Countv. Florida. SIZE OF PROPERTY; H. X H. = Total Sq. Ft.. Acres 10.04 + /- ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: 1340 Wild Turkev Drive. Prooertv is IDcated aoproximatelv .62 milcs east of Immokalee Road on WUdTutkev Drive. \,",'r0?i.":;S,~,'].c;.;;..;, .:...;;7.'.".,.:;.Ji;pJ@g~NF,z.PNiri!p';;i(N~X(l6:.f,lt!iili~E.,.. .. :3 :,: 'i~:'~:~~Y~ <_~"::' Zoning Land use N A-MHOCRFMU district) S A-MHOCRFMU district) E A-MHOCRFMU district) w A-MHo(RFMU district) Vacant. wooded Vacant. Conditional Use for earth mining activitv Vacant. wooded Cleared Acreage with mobile home Does th.. owner of the subi..ct property own property contiguous to the subj..et property? If so, give complete legal descriplion of entire contiguous property. (If space is inadequate, alfach on separate page). Sectl on/Township /Range lot: Block: / I Subdivision: Plat Book Page #: Property I.D,#.. Mel..& Bound. I>eserlptlon: APPLICATION fOR' PUBLIC HEARING FOil CONDITIONAL US! - 4/l4/03, reI' 5/'.201'lO05 ,,;jii.~~.';' ";f'i~\lf:i:')"J~ili\Lfj,fi'I':~CONDn:ioNAt !USE JREQUES.1' .'DET;\ll'} Agenda Item No. 70 Agen'" '-\uly, 24-, ~OO7 P"ge '1,6'Of,Q"p9 TVDe of Conditional Use: Thisapplkotlon is requesting a conditional use allowed per LDC Section 2.04.03 of the RFMU, neutral lands zonin" district for facilities for the collection. transfer. Drocessina. and reduction of solid wasle (type of use). . Present Use I)f the Properly: Vacant - horticultural waste storooe Iti;~;";~';;"~::'~:;::'7-"'~:" i,!;-:3rt,:.' ':::i: iEW<tUArI.6N.tCRfI1ERIA~~~,.",.~i'i'il:":':I'''oi.::.,,;,' "-,-:;: }if~':i;i-2:.c; c' . ;'1 Evaluation Criteria: Provide a .narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00, of the Collier County land Development Code, staff's recommendation to Ihe Planning Commission and the Plcmning Commission's recommendation to the Boord of Zoning Appeals shall be bo,ed upon a finding thot the granting 01 the conditional "se will not adversely affect the public interest and Ihat Ihe specific requirements governing the indiVidual conditional use, If any, have been met, and that further, satisfactory provision and arrangemenl have been made concerning the following matlers, where opplicable. f>1"ase provide detailed response 10 each of th.. criterion listed below. Specify how and why the request is consislent wilh ..ach. (Attach additional pages as may be necessary). a. Describe how the project Is consistent with the Collier County Land Development Code and Growth Management Plan (include informalion on how the request Is consislent with the applicable section or portions of Ihe fulure land use element): There has recently been a LDC amendment which added this type of conditional use to the Neutral Lands area and became effective in November 2004 (LDC Section 2.03.08). GIv'll' Neutral provides for this tvpe of use: "E~cilities for the collection. transfer. processing and reduction of solid waste." TIlls RFMU zoning overlav district was implemented and is consistent with the GMP and has the FLUE designation ofRFMU district. b, Describe the existing or planned means of ingress and egress to th" property and proposed slructure thereOf! with particular reference to automotive and pedestrian safety and convenience, traffic fiow ond control, ond. aCCeSS in case of fire or catastrophe, The existing access from Wild Turkey Drive provides easv access to the site, Vehicular and pedestrian access to the site will be excellent and shall be limited to employees onlv. The site plan indicates that emergency access will be more than adequate, Wild Turkev Drive is a local road that ~erves mlljply the aericulturaJ operations as wen as the few mobile homes that extend off of it and it currently dead ends into the subiect property. APPtfCATJON FOR PUBUC HEARING FOR CONOJTiON.Al USE - 4/14/03, rev 5/20/20D5 Agenda Item No. 7D /"',m'3 .11;1"/24, 2007 P<>i!Je :15.7:011269 c. Describe the effect the conditional use will have on neighboring properties In relation to fi'0Iiii!,2S C)' .1,1 glare, economic impact and odor: The pro\>osed use should not have a negative effect regarding noise. glare. economic imoact and odor due to the limited hours of operation. oroposed list of operating conditions. proposed buffers. and the orooosed site layout. The prooosed conditional use should be less intensive than the several existing earthmining ooerations in the area now. d. Describe the site's and the proposed use's compatibility with odlacent properties and other properties in the district: Surrounding orooerties have the same Agricultural fA-MHO) zoning within the RFMU-Neutral Lands area as the subiect site. Agricultural tvoe uroduction tvoicallv vields some tvoe of return in terms of a oroduct produced which is either used on site. stored on site or transported from the site. The same could be said for the surrounding eartlunining operations. These are tvoical characteristics of the OfOj)osed use and are not unusual from similar agricultural uses which may occur on the subiect site or surrounding oroperties. Please provide any additional information which you may feel is relevont fa this request. Please see attached letter. Deed Restrictions: The County Is legally precluded from enforcing deed restrictions, however, many communities hove adopted such restrictions, You may wish to contact the civic or property OWners assoelatlon In the area for which this use is being requested In order to ascertain whether or not 1he request is affected by existing deed restrictions. Previous land use "etitions on the subject DroDerlv: To your knowledge, has a public hearing been held on this property w~hln the lost yeor? If so, what was the nature of lhat hearing? There have been none to our knowledge. Additional Submittal reauirements: 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 noles; b. Twenty (20) copies of 0 24" " 36" conceplual si1e plan [and one reduced 8112" x 11" copy of site plan], drawn to 0 maximum scale of 1 inch equols 400 feet, depicting !he following [Additional copies of the plan may be requesled upon completion of stoff evaluation for distribution to the Boord ond various advisory boards such os lhe Environmental Advisory Board (EAR), or CCPC]; . all exlsting and proposed structures and the dimensions thereofj . provisions for existing and/or proposed ingress and egress (includIng pedestrian ingress and egress to the site and the structurels) on site), APPUCATlON FOR PUBLIC fiEA~INGFDR CONDfTlONAL USE - 4/14/03, rev 5/20/2005 Agenda Item No. 7D \"cndB Jl'lty 241, 2007 Page n8:e~69 . all existing and/or proposed parking ond lo,,"dlng oreas [Include matrix 'm"c"1iHi-{g2f' "j "i.. required and provided parking c;nd loading, Including required pc;rking for the disabled], . locotlons of solid waste (refuse) containers ond service function areas, . required yards, open space and preserve are os, . proposed location, for utllltie, (as well as location of exl,ting utility ,ervlces to the site), . proposed ond/or existing kmdscc;plng and buffering as may be required by the County, . looatlon of 011 signs and lighting including a narrative statement as to the type, character, and dimension, (suoh as height, area, etc.); C, An Environmental Impact Statement (EIS), "s required by Section 3.8. of the Land Development Code (LDC). d. Whether or not "n EIS is required, two cop Ie, of " recent aerial photograph, (taken within the previous twelve months), minimum scale of one Inch equals 400 feet, shall be submitted. Soid "erlal shall Identify plan! and/or wildlife habitats and their boundarie,. Such Identlflcc;tlon shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with "II required attachment, and ,ketches); 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 probabiJjjy (as Identified at pre-"pplicatlon meeting); h. The petitioner must provide a letter of no oblectlon from the United Stares Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U,S. Postol Service 1200 Goodlette Rood Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 i. Any additional requirements os may be applicable to 'pedflc conditional uses and Identified during the pre-application meeting, Inclvdlng but not limited to any required state or federal permits, 8E ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PU8LIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN IIY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITCM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Af>PUCAT/QN .FOR f>UBIIC HI:AR./NG fOR CONDmONAl USE - 4/14/03, fOY 5/20/2005 '.cg~DITlo.N~;!.ISEAPP,L1C.ATIQNc' · ..", 'c$UBMITTACC-HECKLlST ...., . Agenda Item No. 70 . . July 24. 2,007 >"';"~ge '1'1;9'01' 169 ' '::1..,": L~,LUli: " THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS # OF NOT i COPIES REQUIRED REQUIRED I 1. Completed Application - WI ATTACHED LETTER 20* ~ ! 2. Copy of Deed(s) and list identifying Owner(s) and 011 2* -.; Partner. if 0 Corporotion 3, Compleled Owner/Agent Affidovits, Notorind 2* ~ I 4. Pre-opplicotion notes/mlnutes 20* ~ I , 5. Conceptual Site Plans {including (1) 8-1/2 X 11 copy) 20* -.; , 6. Environmentollmpoel Stdtement . (EIS) 4 -.; 7. Aeri,d Photograph - (wltn nabitat areas identified) 5* -.; 8. Completed Utility Provisions Slolemenl (with required 4 ~ allachments and sketcltes) 9, TraHic Impact Statement. (TIS) (ONLY TRIP 7 ~ GENERATION REPORT REQUESTED) 10. Historicol &. Archaeological Surveyor Waiver Applicalion 4 ~ 11. Copies of Stale ond/or Federal Permits 4 ..j 12. Architectural Rendering of Proposed Structure(s) 4 -.; 13. Application Fee = $4000 - i ..j Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 , Cneck shall be mode payable to: Collier County Boord 01 Commi$,ioners 14. Electronic copy of 011 documents and plan. 1 ..j I 15. letter of no objection from tlte United States Postal 1 ..j :Service ! 16. Other Requirement. - 5 ..j IPRE-EXISTlNG CONDITIONS FLUCCS AERIAL * Documents required for Long-Range P~tlnnjng Review As the authorixed agent/applicant for Ihis petition, I ",lIeslthal all of the information indicated on litis checklist is included in this submillal package. I understand tltal failure to include all necessary 'p';:Z'" d.,.,.f .~..d", m .." :;? ~_ Applicant/Agent Signature Dar.. APPLICATION FOR PU9t/C HEARINC; FOR CONDITIONAl USE - 4/14/03, rey 5/20/2005 CU.200S-A.\l-S046 PROJECT #2004100065 DATE: 7118105 HEIDI WILL1A.MS Sel" 14 04 08:40a JAIME TRUCKING INC 238 455 6703 TlV__nlf\"JUI.:IbrllNl~"" 5 AR-8046 ~~~~~~1 #1.004100065 DATE: 7ns/o5 HEIDI WILLIAMS 001..111::::1=1 COUNTY71n..e oot.t?AnY 1112b-COWlOA Bl.VD. SUITED l'>JAF'lES, fLOAlOA:ut16 ,: I; Propwty ApPfllblll:1 P6t01ll IdGnliIl'::9lltIrJ [Fo!.io, Wum~: 0011076OS02 ANO 001 Da1200C2 arllllt"' as ill: 1!I'I.C&.'3O'I'.lItHlliU"UR)II~DflClllo\.U. iHIS WAI1:FlANTY DEiED. made tile 1mb. r;Io.y 01 AprU, A.D. 20&$ by !'iEED l.Ol.L Y IInd BETH LOLLY, HUSBAND AND WJFE het'lllrlMlW lh&~Iot&, ~~oM!I:8G(tjr8U Ii P.O. BOX . NAPLES. FlORIDA 3~1l6.ao JAIMe OU\rA 411d DAMAftYS OltVA. f1USEtANC AND WJFe ~D f>>$l ~llclI eOO'll$$l$ 110 JU.ND aLVO. WEST. NAPL.ESk J:;lORIDA 3412.0,l-ArsNJIg-tCllllOOD1It(3t$~~ (W1I01ft...o.o.4h......&,.w-"Il~ ...f"",nlloOl'lrooIz<(l1QIJI..~n.. ~ .,~_It1..Iooh.iovJ.I_ren'_."'~ ....lJQIud 1~~I.W>ltIl>o.~1O'J~:III.llOl'1'l.ol_'...:lcoIIl W ITN ES SE T H~ 1"t:ISllMI,nt1loI'6.tolllnd In ~lSIItit1Jo.nolll1l1<<Ul1'lo.\""eN I\NOt)()hI)(l'S f$1D.oD] 001D!. ami ~uH'''_b\irCOrtllch1ratlclnt, r_iulwhl/fD\7l'lB MnIby.~l'JO\IAed!ll'd, MratlYlI'fMl/$.borll'Nn&, ~U.."'Rto. JlImkil~, raleun. OOnve)'f Bndl>llt1nlttaloo!o~~dlt1ltctlrtlllBllUIlflllll.lO!\1fnCollIDlCount:f,6'~I.orFk>lldtllvLl: PAIlCEL *1: THE WEsT ONE-HAl.P OF THE SOIlTHEAST ONE-QUAIlTER OF THE SOUTHWEST ONE...QUARTER OF T!iE. SOUTHEAST QNE,QUARTEQ OF SECTION 26, TDWNSHlP 47 SOUTH, RANGE 27 EAST, l. YING AND BEINIl.II'l COWER COVNTV, FLORIDA PARCa "'.THE EAST ON-HALF OP TIlE SOUTHEAST oNE-QUARTER OF THE SOUTHWEST ONE.-QUARTE:R OF='THe SOUTHeAST ONE-QUARTER OF SE;cnON 2.Q, TOWNSHIf3 47 SOtlrH~ RANGE 27 EAST, LVING AND BeiNG IN COWeR COUNTY, FLoR'DA. Sublect to oO&Iiil1llonb, te&lrlatlollll: and reaervaUDI'1i: of reoord emd to flsxe$ for the ~eoar 2003. end 1hefellltcr. TOGlETI-JER,Mlhllllf~"'"etil.antt,M>IocRllm@(ll&Bnd.fl~hIDIo~!;IrllloilnywUol!Jlj)/ll1aWng. TO HAVe: AND TO HOL.O,lh&3ll.rl>>Il;taeshti~Iln'm. AND. h 1I'/lI'o>>Ni.Mr6b)'ctIVGfllfnlwltksltlc:lllI.1I1CB0i'lhl!i1'\ll(l~ It/.a:ro IlWf~f !;.Qltfld 01 tBk1l:md' n res fo1'mp/o; UUillho I;JIWllOl.~ (PQdll,,",endlllwful D.\lthcrityto$DlIand:oolJ\/Q)'~tancI.all~h.trtlbywerra.rlllb1l yllftfo:;.-.kll.nd !I/Kll'oil dlllo:tnd 'h..,.m.A93i1l~lttitBU~<:1iMlp&lllGm....nOl'1lilOo1VIl/;lI1JIi lhatSaldl&1dll:ir/QleClallflflCUllil~!I'lC$I. ~1JItlaJl:"5.11ccrob'lll .!w~uecltGOcDg/'l'lDll'31. 20'02. IN wrnu:~ss WHEREO'F. ~nkIQtaJl1mh!lVO ~lgMdMltft~tho.:;9flfflSllf1l'lt'to>J:ly!loo 'fIW'tnt "'~Wflllill!\. ::ilgrl1;ld,~8IIfedtn::J0&!ver$dtJlUlrF(lSan::lf!la: WITNESSES AS m a:JTH PARTl E$ .~~ ~~~;~ #&~O~ LS. ~/'~ ,.S, roHLO'i . Pri~SV111lurll ..,.- P~led S1~lMI S\;IlUIlu" ~&1IM11.m3 srAlE OF FLOmOA COUNTY OF CQHler TOO!~hJtTtrmmtwas ~1Rd.gt:ldbeIQlll mp fIk 15th li.~g/ Aprll,20i13byREEO LOlLY wBETK tOl-I..... who oropefll~ntt1yIQ1Q''''''lorne01l'ttM1p~~F[ I r(t"nb:t.. ealdu:t!HlctllclrI. seAL Ulcto,' . t.. (J \[1\ ~*-l,\Q rn~ D u.).JY<6 VICTOR1401RllW&.tiRS P,(l'QX\IIS:SOftC~9Z192a fmllf3: ~'1~ 200( W:,o..l'lW""",~"o,;,.j""':t", Agenda Iteli'i .Kl:>. 7D I~~getl~fa J oop-13.i4q 200 7 Page)'1;:m i3f'\l69 !:lage 31 of 4S Agenda Item No. 70 ,;; 80238 .....:,...,.._ ~":-='-;"':-.:=";I:'=':I:~!:"""';I:>=";";"="':I~S1::8;1;'8!l~S:4rS':t;''='-~8:1:8::::=::,.: S;t;~:~:t:~:;:%:8:t~~.:;:::~.yt I~i"""">.'---~"'-" .........,.;. ......... .~.. .-.....~~". .. .. ... .. ~ . .-.. ... .. .. .. .. .. . '--'1.' ]1 na770 . [ij m. ;mm!ll1t~ ~eed . . '. li1. I',t nll~ lI'mnrrUIl.l-:, ~hJ. ,~. _._._.~t_h .... ______ .hy or__~..:.~~_~tn_ ., . .I,ll. l~ 6) 'J'J)' 11 ."....... ,m"l 1'1,1'1(111.1 I\"^~. T.~Tj,T~ !oI"I\"f, IS(,_. . Co.t>--'oIlo. ni..'ftl....d.' r~' I.~. ..I... ~,....1 rlo'l~~. "nl"~ it, ~'i~: ~..' "1'.1 rl.,. "II.~.."... I. ,},. 1",,,.,1' ", 1,~1l,.., ."~ ...". 01 fl..'I~... "..'. 1....,..lly .uth""lu-l '" llH...r t-......... I" .10. .~.....j I'J,,,. ';'" '('If 'I']' l "I.. t,.."...r .h. I,,,, ".,,,. ....<<....., ('''t~,.,i.....n no. lli. r:..." 1.<.,.1'10,1,[" .....ll"".Ur"ft .,,~ - J " ,"' '(ii' J.~_~_PH .M,-;C.E~ ~~\L..9M~l...HcC!IL....!t_tll ~1{e --.- -.-..--. '(II 't1' 153 N.Y, 96th Strout, Hillrd, 'k' '(i) ........" '.'I.I'~" ,. -, Dndtl Florid'~"--'---"i~-Il--" ...-----. .-....--- ''i)' '.,' "I ,h~ ("wn,.,...r ~. _._..u_______._ "",I ~.... "l ___...._ 1'_1\ __ (>! ,h '~""'h~ ~.f'. "'11', ~ .~~ 10 1'111 t~I' '1"1)', ',~,"~, ,l..-. Th., .~. "H "11)' ..f ,,,, H..I ""', (01 ..01 I. .o..l<l~f"lon .1 I~t ... al T." 0..11.... ",,j 0'1." ,.....!..d ..!..bl, .0.. llJ. '[!1 "~,,..f<,". 'e II I" ~'h~ 1',1" lor ,h ..Id '''1 _1..~Il._nol ,b. .~e....[ 1"1', lbe leedp' ..h'leel 1. be,.l.,. Hhc.-\.-+~.d. h.. .'."Hd, '(:i '4' \..".1n'''' A"d ...\J,~ ,1>' ..i-l p.,,~Lc._ "I ,,,, ..,<>"-1 "'fl, thaLr h.I,...d ..."., I.......~,. ,h '..' :~J 1..11....,... ~c'c,",~~ I... .h~.'.. 1,1... .... ],.i"1 I.. ,1>< c..W",y..r ___':~ll c~. . . ."~ /;,.,. or FI.,I,I.. '0' ...1,. ill .'(ijI'AIU;f-l. l-Thc \.lcllt l/Z of th~ Sr;ut~\Il:llllt 1/4 of tlUl Sou~c!Jt17l;Of the S(}ut~lt~nnt [14 '{if ,....ol Scctl(Jn 21>. TO'Io'THh1p 1,7 South, RlIllga 21 [l'..JLat, ColLiar COUllty, norld", '.l' '[if PARCEt. 2~Th(l l!:'ut 1/2 Q/ tho S"vth~lillt l/~ of thc:'iOllt.h..,.eH 1/4 of 1.1lt1 SouthcI\llt L/4 '(ii 'Hoot St'ctlor\ 2b, TOllnflhlp 4} Soutn, il.1!ngll 17 ~il.lt. CoJ.llar CDUIHY. FJor!.Ja '.'./ 'f~' "'ltt.'1Il 6. ^ )0 foot ~dH"jIl::nt lfl rllDCrv<lll fur pl.ll>-l1l: rond r1gl1t of ....dy alollg tht North '(iJ' :,,:,~llfld .1.1onr. the South d4c \Jf Ml1d 1'/HO:(I1 L :~: \Il Item 7. A 30 fout ~n"C:\t'lcnt 18 r~:ft'rvc{1 [()r PUlll1c: rOl'ld r(~ht of ....lIy /lial\H. th(l North [I) "'1'.at\J Illon.>; thl,! Sr;>uth aldt: of uld l'o.n'd 2, :';': W 00 'H' ~IHIJ~r.T nl' T.", I", ill. 1'" 17 b l ....1 ,"h..~.." r'~" 1ft.! I~,,~~, ,~~j,,, ,~ i~r f~tlfi";'l,j r"..".~'~, !"~,ll,;".. ,~II :~: '{ii-~' hi '.',' l. <;",1 ,",0",'00> .1..11 "'" h, .,,,1.. , I..ftl ,.,,1. ~"..~,~.. ...",.1." 10' .h. ."~,,,~I.,i~o "r ~~'l,~,c nll"u' .....olli., .,,.,,,, ," ",10- '.'.' }!l: ".u,...... .'0<> ",..,. "0 '\''',,,0",.1 10 II.. m..lo.., Iorol!" M ..r~'f "I ,h~ l~h.1''''M...1 .h, ."",.,,~,Iln. o~......""" :ru: 0-1 /, 'Ih... ~MII ,",.. \0, .r........,llo~" ..1,1 1"."'1.'. uy "u~'lil~ "f -",iI ~'~;r~ ",II 1......, ')If "oil,,,,,, .,.,'~ ..1,\. .",..1",.. ~'"rO"~. ,.. '(if ".., .1..11 .~,. I..."n" 1"" I.. ~., ..ill.,1. .l~), ... .. '(ij' ::..~:~ ,,:~:'.I'l~^:.~~:\'~:I~'i::;~r~~';:,~"/,'_:.rt~,7~. ..101 ~'c..;~.' ,h.lI 0..,,1..,.. ,. ,)" "'"'''' .,,,I~~ M,I h"drl",~ ,,,rl..,,~.lI ,,,y,,ft_ '(i) "" '..:.' fri ~. lilt "'''''''''~'I ~"', ......n'., rI~h,.. '''Y~''U'', I,.... \>J 1Oe\>,,1 ....~ .~,....n.'. :r~~ :~[J:]: 11: ~~c:"{~'~;;;~1 'C~ ;~;J Ir'~b~I,~'t7Inol~~' 1~I&Ji", '" (I"',.~. ~..... enl'l <nftH"Mm.. 'I.t]' Ih,. ,......y."., ,~.II "I''''''~~' '''~''1 ...,.. I'" (~,""'.r1,) enly ,~.~ "ii, ,.,, ..;....1. .<>l"'UII.,. ""~". ..l,h~_ 10,1....\.. 'II ""n;' '~'.' ".. ,,) n,h, ,...1.".."", ......'...,~l ,,,h". """ ".if ,",h ""~... .....,"n.. &nit .h.,,;II~'. """,1 ,i~",. "I ..h,d rh. ~,'n.."".. ",,..1 >>: 'iii -" ,m,"'''' ,Iil, :.'1']: A..I II>. ..,,1 run "I '", I"., r'" <I.... h...1'1 I.,li. _or,,"' ,h, ,id, ,n ..iu ;.~J. ."" ..III ,r.~_rl ,h .."'. ...."" ,.1...1,..,., d.,.... '(""1' ( ,'I.llr..."",n'l."...",,,, 1'( ',.'1' '(",)' I" 1-IT~I'.:<"~ 'II' XI" 1', ,lo., "'~ ~.,,~ '" ,lo. I"" ~". ~.. ,"<I''''! 'h... r'''''" 'n I,. .,,",J i~ ". "".. h." ~<>l~ 'Ii,)' ..,""" ..I nil" CO,, 'ft" '" 'n',......'. ".1," ... .1/,...... ",.",J 10,,, I .~."t'''r. ,I,.- ~or....ri ~.., .h.~. "lL"~~, ...... '.,' '(il' Hll~'l 1-1.'11'11',\ 111 ~1. 1"1.\11. '1.\11 r. I~l :t!J: . ., ,._o..~~,.! '-'''I_,.''''~ '" t"O '['I')' ';/.-' r' {( TIfl'.l>.ltH ~ ""I'll. ',(.li,' :('i): 'S":;" - ..- ,'!<. -~:.,'" '" OJ' Le ^ 1 t' {j!u4, ,.~.1,' 7~ 1'"",\... W . ,~ '(if. '. f~lin:j'r.M~il, _~LI1l,) Il m ,,, " , " [jF~f""" [C~llOfD .. '('1')' ~A~r.r, ,..~l'l,(, ~I.i\.;;ri.~,,..j ;n II.. COt: ifJf ? ~ ~/: I-:.Ilq nOJII ,'{i.J,' ,., rJ"~'."" ~(..., ..' ...1. ,I' ~r'(D., H :ill: _,___ -)'. 'J' rrD 1 2 ,aPM 'fi] :\!J; ;@r' !~:-.. - -), dA ~..:,' c: ,,~;~:"o"",~ ~ H~:~R1 * Ii a;(,.l'l; HI' FI.(lIW'Jo ,,' '~<:\:'.: t.t, :(~r I HlJHH (If' IHl>l: ) t!!, l~:~l 11lI:ltn'YCl'~iH.'r. n..,o~'"" ..~~l.l ._ol.ynl___.~~~qIJLr.Y..,,_._...m _.,l..1].\9.61.... I.:i l1; ,,, '[If ,,,,,,."... ~",,"'.1l1 "rr~.,..J _._ __.~.l1.!: _c:....~~ 5.~~__ ._.__...J tvludcc c.'_ Lell ____ ,l\}, 'j't' ".t."'.~ly J',.",I.", ...d ,.......,,!... "I nl\.~-[' I".illlll'''' lll-:^I. 1'5Tr\T~. '-tAII1, 11'-'<". . Ce'~l&tl"" ~~6<, ,~. 1>., ..1 ,),~ ~lHr ~I ,,-, '(,')' 1,,,,,,1.. w', '''I'' ("'I'~""u" ,.. '1'1., ~~, f...., I"", . I'!""ri. I "'-""''''''~, r.. "'" ~08"''' '0 ~~ ,... t-....'". .),,, ~r~..~,~..I...ir~"rJ:I(..., -rl) ,J",I ... ,,,b ull" ~,. "ft,r ......l\~ I' '.""'...b.d II.I 'H<~"O~ l1......1 10 II? !lonl If.. ." .",1 of~..I.. ,..<~ ..llIu" 1<01 'Iv U.~./.\.~.I . ;\t. 'i.' t-'Iu"" I..~"'~ ...~"../lf'. "r,,\ ,~, Ift'r "Jf'H.1 ,......., lh. ~IIH,.I ...! 1\1 ..,.l 'D!r"".I'''/l, .M.\.\..l.hr ,,'.l d...d '\1t,~,'''''--i'',v.', 'fir ....,J ~I .~,.l ""I"".'!"", .'. /.~I/." /'" 0.,.1~' t 'I 111'L~" "~",n.,",, .,,~ "1I1(j.l .,.J 01 Ah.",j 11..,1. I. ,~. (or"" "11,,,1. ...J -S'.II or ~)o""I. Il>. 'ht ur\ r"" 1.'n:~11''''. ~, 'm- '."', 'j ,/',':) {5 i i/ k]...., ~.;..~ ~fCh . ""rln.JHJT,I,ln'I'\lIIlIC51,1,f((.'1HO~jOA..tUR~f.~ -1 c..;L~~_........::'-L7f/._JL~'~,,:,,;-~ ,.~., (,'I .."',.,.. 'I:nCm"J,l11:;IO)(t~rltt~OC,.1&.t~ l/lo,oryPol>\l,.St,,,oll'ln '.ll..~.:.J,_".., J'~ ",',l~ ,.. ....~.lll'''"ov... ,~ltl"" Dll~Ir'''O"ot .-'" '".",,". ~H' ""' ...........' .~ .-... ,. ...........I-.-;..v..,..,.........--..I.~.I...........Jl>'-':='-t....~"".t ):.:.8~:eB~(3:1:S):8)::S:1~SI1!2It:.=.;~:t.:.s.:X;g:::.=..:t~S~t:8~l:~; .:........:..:~I:..::::.: ~~: :..a=M:~'~=-:.i:.... 80238 "~""""""I'-'I'-'I'-'I:~I~~li"=':I:-:I'~I~~~~;V~71;"""l!"~~~~'':':S~~::~;t;S:t:::-~:t.::::-'~~I:~:t:~il'~1 ),'-.e.: :;:e;~ ~.t.:.: :.:::..: ~~. .~.. ._';' ......... .~;"'..~~..~. ,.::10;" _. .._.. ._.ft. .., _ ..', .... '. _. ,_. .__.~" '~'.mno, . fQ ~ ~mttt\t~ lS2ed r~ j"l( nm; INIlI:HrolY.. IJ"I. ,'hI. . -~,~~ -..- --"-- ....y.., __~e-.r\~~;.! .. _.. ... ,0..11. l~ ~?, 'II')' ,. l."....". ~11l...1 ~l.I*lllA ~F^l. "~.rAl}: ),I,AkT. I~L... t""I'."I'I>" nl.,I~... ...At' ,~. I.... "I ,;" $1.1..r rl",hl~, ~"Y""t Ii. Non- :& ::'::',:::: :,;::~;::.:';,,::"::,:::::: ::"~::':,:~:',: ~::':': ::"~::.:'~ ;;:::':',::::;::::;' :~':~U" ..".... ,. ,.. ~... ., ".. m n _J_~ElJ! .~c;q~! ltl'P...Q&l.~J...Ji~.~1L-.~J.!..!!.i1.~_ __ _____ l)i)l ~t. 153 N,W. 96th Str~~t. HlaQ1, ~' :riJ: ::;;: ;:::::~;'_~._~.i~' ~= :.; ,.:.::~'Iorld~---,." -I.. .f ". ,:::.-':.~:-;I~~-;~-:'~-;;:- M! ')~I]', U.W, ,.,..! n.. A.I" ~""Y or ,kor II.., 04(1. ro, ud h (...,Idorulo" .1 ,.... ._.r Tu D.II... ."d ",~..~...,..r ."d ..I....\.l. .... !JJ, '0' .j,k..'i..... ,..I< j" J..",l r.I<t"'r ,J.. ...Id ~." J..~'.__uollh. ...~....of ,.n. ,~. "c..lp' ........,..." I. h...h'l' ..~u...I.<t~..l. hi. ~/.,,'..d, ~. ,!, ...'l.'".d.",I.o.I,JI..I>.....lp."~ltlllo....C'''nd,...t. chair f..lr...d...I...I..'......th. It!~ m Colli" N '..' 1,,11...,.. .1...,,1..,11_,\ .""..., Ir'"1 ... )..,.. I" 'M c:....,~ of ______ . .,,~ 1:"'.'....1 ~'I..,t.l,. '......hl ,..;.: '{~l' P}'RCY.L l~Thc We-It 1/1 o( tnlll SU\JthQ^at l/~ of tho SOUCOwI!H. lT40! t.he Southcut L/4 JIl ....' of Section 26, TU'...nllhlp 47 Southj RnOSIl 21 fA lit , CollIer County. Florida ,.;.: '(il' P}'RCEI. 2-The ~&t L/2 of the St>uthea~t 1/4 of lhe Saut.h,.c&t 1/4 af the- SOutnL'AU 1(4 (I) ,,,ot SC<lioll 26, TO\ol""hlp "" Suuth, ll.nroSll 27 Eolt. Coll1ar Cuunt)', P'lol'ld4 W ,I';', ,,' tI) J1rltt'Tt\ 6. ^' 30 fuot CllllCItlCnt (II rC!lCI'VCU f{lr pUlJllr.: tOAd rlRht of "',,)' Jl.llJl1g tha Norlh [l} '~"4r',,1 .,tOfll$ the South d-:ll! u[ ~tlld l'I1:r-~'d l, :.;.: '[fl' item 7. ^ )0 (out l!nllCmcllt is i~n<.'TVC.J for ~t!lJllc rOMl riRht of ....n)' IIlonK thv North (I) 'r"t'4n..t 111ol1~ tllll SlJlJch lIitle of uirl I's.rn'l 2, :J::: m 00 ';..' ,IJll1};C;r nt: T.... I.., ,,,. ,... 19~_.",,,~ '''~''''~~''l )"""', .....llllllhN .~bl.u 'I' .n. f"Il"..i~ .'...~~"'~'.. <..~.h"e.. .",d :~: '[ii "-"",,,,, J1], '..... I. ~"'''I N''''~'' ,~.\I t.., ~. ...,1 .. . lu.\ ,..~, du",""~ .,.w~,1 ." t... ,h. ",u,"ul."A".1 ~.,I"A' ", ',,,,1 ....,Jli.'" "'~"" ", "'~. .... ,.. , '(I']' II) " AU'.......' ...h"""'H 10. ,1,"'........1 I.. ,10. ("",1"", huh" ... ..l.,~ .f ,h. 1..~.b"Ao'U .., rlw- .,".......,.0... r.......~ily, , 'I 'H-' I. T......, .hdl ...', I,. .......'n,1 J,... ..,,1 r<rml... ""y ~w~~.hy ~I ...11 ...hie" ...0111".... I).. wAil",,, ~,..,\...I II.. ",.10,.1",,,. ~'"r'llly. ,";I', '[ij A'"~ .h~1l .,,)" t-<.".._ ~... h, p.,..irt.,I. J!l, '.:.' \. "(ll.~i'''.''.' 0' "'h" "'''':'.''' .,tC'.,I.. ..I<'i ",...lH' .1...11 ,".f."" I. ,10. ,,,.;~.. ,,,,l~. ...,I""'I,h~.'"d....I."II....~..,,. H II) .,....1 ~.Ir. h",n. l..''',llnJ... ..." rh, ~'''r'''~' {II ::: :.,: 'iii' I. All ..,,,j,,,,,,,,. ."'. ..........,. 'i..~,~. '....~"'M'. 1,",,, ef 'fle.of u,I..,..",........ :ljJ: ',.:.'.. ~'i::L''''1I1''t'~L;;'::1 'C~ ~"~J l}...'ab..~;~~~l,,''''.. ,.h'I.~ ,,, n .t.J.A. ~..... .." .......10.'1.... ,'.', '[if T~I' 'u".....",., .1..11 "I""'" '"~ '''"''r ".,.. ,''''' (;'"~'r({.l ".Iy .u<~ ...11. 1". ",i"...I, 'ul"."d... ,,~IoH. ..hl~h ,",Iud.. .11 .,"',,;. ,(!l. '.... ~m ,,' ",1,.. ,."..,-" "., .....".l "'~'" .~.I .."I, '''Fh ""\-", or""'r'~' '"" ....,)11... .."",I ';1"" "j ....id. ,~, I,'on.." to '" ,...1 ,..., 'Iii ..",......", .li], ,. I A",! 0.. ',..1 1"/" ,,/ ,h. ill.' ,.." ,I.... ~...~, '..11, ...,,<., "" ,hi... "1.11.",1, u.1 ..,II.).'...." ,h. ...... A..i.., ,~.IA..lwl ,.1.1.... ... :m: .'f .JI ~"...., ~..~.....". :~il: ''')' 11'1 '-Il)</-S.O; _11.111'/'1'. ,I,. ....1 1''''''' .,1,10. /,," '"'' ""'. r......1 ,...... M'''.'' '" I.. ....."l i.. '"~ ...., I,.. ". <iul., '(iJ' fl _4'1..." ..~ ..11",....>><1 II' ,,,,"",,.. ...1 ,. I.. ./1,....1, """..fb,,,. s..-.,.....y, ,h. .1.,-." ,.., "'M" .."".... ,., "I .. .m. l'II~'" H.I'1L1111iIH.lII.'1.111-.lUI,r,I:-<(. :(~f ,'. .'..,"""",'"""".""",,, .. 'I"~)' .....,,~/. ( "'~: ~Uf\ t 11..I~I. '[( :<<): '.i~.':S" ..__,,_,cC", -~,:,:;. '" (Jh~/' L J:' CiMJ :li\: "I 7'-"" f''''"L<o! Of 'j;r, ,- l(':ori.)'r.flliH ~1.liU R( :t!l~ '..' ;1 .' I OFn"'^1 ~n.(lDfO H '('11' f COl' '[""" (f:,ORO noo, ','I'J,' !'o.~~,: ',"':""'l"r,~\"j}..';."",! ,. .,.. .. ., ,. .. II. ,I'. {!Ii/D,\ \ '.:t' ~'h''''_,( .....'~ ,,,;,\, :(iJ: .. _:, ..-). '.' ),' , Fro ? ;;"3 PH '~3 ~!l: If 11.11 iF. '.r,f'"y T ,~ II) 'j I /...- "[".o.,,,.....'OTT ,., :["I? ..;k.':~J-~), ('/;.,-r-4).L.'T( L...:__ "/".OlJRT j",O,]', I. a.;{.It1(llf Fi.t\flll'" I '~' :;..~, ,t;t, ,'1 III!INT" (IF "'\II~. ) II) [I) " ,.. 63 u l::~l l 1I1'.f\I'.l'V n:llTlrY, Th....* Ih,. .__~t;.h .... ___0\.1 of _~_~~IH!'!!r)' _....___ _. ....11. 19. __ t~l ~ I" (t)' '.,lu" JO' p.o...,...II, '1'~..,..J ____..~.~.P~..9:._.~.!~~_.~__..._.~ ....1 ~ut"~~:-2::.~_.._-----:- J!Jr "'1' '"'I"" "...1. 1'''",I..ft' ~~d :0;....,... ul I'lK;>'I' 1'1.1111111"', KEhl. 1'.:lTA1'h ~hlll. IHC.. A <I'fl"lllllOO "nd., ,~. I... "J. Ill. ~lflr "I ~' '('I' ! Iw"l.. ,,", ..''''I . """~~1l". '" 1\,. ,\111 r.o" In,., . 1-1"0'\, I "'r"".tl..", 'to ... t"..wn u h lh~ ~<I'''". ..h.. .,.".11 lb..l~i.".ul~;:..,. I I J.t., ." ,_,~ ..Ih. Fl' ..~.t ....,.,lIr .,~~.....I~.jll..l .h. .......to.... ,h.,...1 re h. 'nnl lu. .t. ...1 dro,l u .w,h ..1I11'" h.., ,~ lJr,..,t\'".1 ': 1 'M' ,....,"".." 'h..".. "".",,",,1 .M IhAt ,lory .It,..,) H..."", I}.. .'Ion..l ...1 ..r ,ud ~o,I'Q"""~. Olld, Ih.. ,b~ ."",d~..J 411(..rt'-i ..~ '(ii ,lu.,..1 u,.1 ,...1"',......, . :;-:),."., ,:> t:;... . :("'r' .~,.I. 'JII"~.S"",~ ".......,... ~~d nH"..1 ....I~. Ah....' 1\..." h ,hi C.....7 ~I r,,~ ....l:;l.t~~! ~jn<l,J. !~, 4.y ~ft:~.'i'I(~.I~I~:.; ~:~:: I ) ,/. . . ",:, (5 i C~ ,I!.' ;.;.: 1-1 (:~.."',..,..".. ;,.-.JIOTMTPUtIlICSTAltolf\OIIIOArlLAllQ;!I. 1. t' -.;l < ..c.:-:,..__:~c...JJ_~_J:~ \..;..;-~ "f'" (1] y l' l,Iy COM~lS"'I1JH LIt-IUS OCt. 1~. a&4 ;'HO'"", I'..bll~ . :'>I~l~ Itl 1'1",\/_ Al lola'~ ". (l ", J.. '.... _ .....u. ,....._.. ,"'UI W. ~""lI~".O~'~ '.. .. . ~ ~. . ~ ~< .. .~. "~,,,,;;;".'.c;.: :~':8::e3:t:S:1;8:t:;.:::'I~~8:t:8:t!8!I~S!:~8:t;~;:::=':t.~::e~:;.~t:S~1:8~t~e~~S~t~E:X~$!!i8;.~~;J.: Agenda Item No. 7D .A9en~l\~~~i3Wa of2 "<-II, ....~..~~~._. " ::;..:; :)i -4f: Diyision 'of,Corporations Florida Profit JAIME TRUCKING, INC. ~. PRINCIP AL ADDRESS 110JUNGBLVD. W NAPLES FL 34120 MAILING ADDRESS 110 JUNG BLVD. W NAPLES FL 34120 Document Number P02000033685 FEI Number 02056]724 Date Filed 03/2] /2002 State FL Stll.ius ACTIVE Effective Date NONE Registered Agent Name & Address OLNA, JAIME 110 JUNG BLVD. W NAPLES FL 34120 I Name & Address II Title I OLNA, JAIME D 110JUNG BLVD. W NAPLES FL 34120 Officer/Director Detail Annual Reports I Report Year II Filed Date I II http://www.sunbiz.orglscripts/cordet.exe?a]=DETFIL&..11 ] =P0200003 3685&n2=NAMFWD&n3~0000&... 7/12/2005 2003 2004 2005 II II II 01/29/2003 02104/2004 01128/2005 Agenda Item No. 70 !\gerla" i#lW ,*-!lil~Q!7of 2 I P.ii~e ~~4:~N!69 3':, of.4~ I I DivisiC>ll of Corporations 1'i"";if:\reyi.ausjElling'C:-ll '~:ij.,.F.l",turn.~l"Il;I.st::J No Events No Name History Information 1""'I'J",xtiF)!,~g,[d Document Images Listed below are the images available for this filing. 01/28/2005 - ANN REPIUNIFORM BUS REP 02/04/2004 -- ANN REPIUNIFORM BUS REP 01/29/2003 - COR.. ANN REPIUNIFORM BUS REP 03/21/2002 - Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT '..~.,_.~."--_._. .... i:L':;;;~a~ ';'''-: ,....-:"'; <,;! lL, ~.-..;~,. ~_" .:;..~u ~~ul~i!}-!EJ1~Jtt.~rmi~~~s; L;'<~~,,"-"- '.:".~'_ :ft~ 'i.I,,",~>,,,:;~.';'-:1~~t~,,, .; ~ l- 'v ~:'t"1::~I"c::-, - . -:0<_'=:-;:;- ~~. .('-1:1 ~:W~~ttl:~;c~fill~~~ S:.":;.1"r1'~'1~-:~ -;;-"\ .,.":~:~,,::~...~~~~~~,1 ~~~l:~ """,."...~ ,,:;,;..> ,\,. ""~&>"'''""......e httpJlwww,sunbiz.orglscriptslcordet.exe?a1 =DETFIL&nJ =P02000033685&n2=NAMFWD&n3=OOOO&... 7/12/2005 (i) Agenda Item No. 70 ''.1"''((' ~!,\I&, ;;'<1,,2807 . P~9';' 125~<i]fg69 CU_2005_AR_804(;a;ee )6 ;Ji 4" PROJECT #2004100065 DATE: 7/18/05 HElDl WILLIAMS AFFIDAVIT , We/I, 30.',(",> e.. f)\',Vo.. being firsl duly sworn, depose and say ;hat well am/are the owners of the properly described herein and which is the subject matter of the proposed hearing; that alt the answers to the questions in this application, including the disclosure of in/erest information, 0/1 sketches, dolo, and other supplementary mcdler attached to and made a port of this applica;ion, are honest and Irue to fhe best of our knowledge and belief. We/I understand thai the informalion requested on this appficQfion must be comp'ete and accurate and that the content of this forml whether compuJer generafed or County printed shalt not be allered. Public hearings will nol be odvertised until 'his application is deemed complete, and oU required information has been svbmitfed. As property owner We/I further authorize l:99s101 Enalneerlna Consultants, Inc.. Colusa Coast Ecoloaists. ~and H.L. Bennett, r.E.. r,L.S, c.G.C to act as our/my representative in any molters regarding this Pefilion. Signature of Properly Owner ~~O~ Signolure of Properly Owner Typed or Prin/ed Name of Owner ---::f4"\'t>J\ F () l: V-"1 Typed or Printed Name 01 Owner The foregoing instrument was acknowledged before me Ihis - ---.) C-i ';..{ e:. 0 I!' rJ 2t who is personally known to me or has produced ~~U!f r-~ ) i Ct.-'<"!S(as identification, 'fM- /-.5 day of \ () A )C ' 20~by ~-I (Signa/ure of Notary Public - Sfale of Florida) \\\1111111, Karen J. Taylor ~~~'I p.1J ~ $'i"Jr;~ti.-, Comm;..i" # DD35Jm [~i.J!k.i~1["ir"" Del. 01, 200& ",.Yr~." ..~~~l tkJndQc\ Thnl ',. I"tj~~ll\"" A.t\utk BondlllfCo.! rf;q.-int, Type, of Stomp Commissioned Nome of N%ry Public) State of florida County of Collier APPU(ATrON FOR PI)B!lC HEARING FOR CONOITJONAL vs~ - 4/14/03, (E-Y 9/20104 .' Aa~enrlalte"l Na_~O Agt,r,iliJIJW'22t"2OD7 P~~i'J~~ 8f?~9 CU-2005-AR-8046 - PROJECT #2004100065 DATE: 7/18105 HEIIH WILLIAMS TRIP GENERATION REPORT CEC FILE No. 04.270 SECTION 26, TOWNSHIP 47 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA PREPARED FOR: Jaime Trucking, Inc 1] 0 lung Boulevard West Naples, FL 34120 July 2005 Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Telephone: (239)643-2324 Florida Engineering Business Certificate of Authorization No, 2464 PREPARED BY: ~. J. iI);; Mathew M. Dickson, P .E. DATE: "1/"/6:' REVIEWED BY: ('M e::?4r~ Clay! . Miller, P .E, Florida Registration No. 46972 DATE: 7-( (-os-' Ii\DATA\2004\04210ITlSlO4270 TIS 20050702.doc Agenda Item No. 70 ;'D3""'0 Jl,JI;y, 24, 2q07 " Pag!~,12Jf.i!g69 ;'7:]".: ~:f:; Ql.:'fi. Backe:round This report is in support of a request for conditional use # (g) of Section 2,04.03, RFMU neutral lands district for facilities for the collection, transfer, processing and reduction of solid waste. The project site consists of 9.15:1: acres and currently has a vacant land use, Located with1n Section 26, Township 47 South, Range 27 East, Collier County, Florida, the property is bounded on the north by Wild Turkey Drive and by agricultural land on all other sides. Access to the site is provided by Wild Turkey Drive, approximately 0.62 miles east of the Immokalee Road (CR 846) and Wild Turkey Drive intersection" The property address is 1340 Wild Turkey Drive and is identified by Collier County with Folio Numbers 00110760502 and 00108120002. The conditional use will allow the development of a horticulture recycling facility on the subject property. The recycling operations would grind plant material for use as mulch, a, well as provide stockpile of Jogs for making lumber. One employee would be on the premises during nonnal operating how's of 8:00 am to 5:00 pm Monday through Friday. A maximum of 5 dump trucks along with 12 to 15 roll-off dumpstern would be stored on sitc at any time. Existinl! Roadwavs The only access to the site is Wild Turkey Drive which intersects lmmokalee Road (CR 846) about 0.62 miles to the west. Currently, Wild Turkey Drive is unpaved and provides access to other agricultural and earth mining activities In the area. There are no other roatts adjacent to the property. Wild Turkey Drive dead ends, so all traffic ente1ing and leaving the recycling faellity wi 11 use lmrnokalee Road. Traf!ic.lmpact Statement For the purposes of this analysis, trip generation rates for the proposed recycling facility are compared to the average daily traffic loads of the area a.~ determined by Collier County Traffic Operations & ATM Department for years 2002 through 2004. Specifically, the portion of lmmokalee Road that is of interest for th1s analysis is described within the Collier County average daily traffic count reports as Station 671-lmmokalee Road south of Corkscrew Sanctuary Road which is within 0.5 miles of the intersection of Immokalee Road and Wild Turkey Drive. ];\DAT Ail004\04270\TIS\D4270 TIS 20050702.u{I(:. Agenda Item No. 70 o,JCfiil" IlIJ!M 2,4".2907 - p"....' 1E8~:o.fc2-69 2S' or..:;.9: Anticipated trip generation rates are based on the Institute of Transportation Engineers (lTE) Trip Generation. 6th Edition. Although the ITE manual doesn't have an exact match for the specific use of a horticulhrre recycling business, the Truck Telminal (030) use was chosen as a base model for trip generation, In addition, the past experience of the recycling facility owner has been used to compare trip generation. The lYE Manual defines Truck Terminals as facilities where goods are transferred between truck, truck and railroads, or trucks and ports. This use is illustrated by the ITE Manual to have an average trip generation rate of 6.99 trips per day per employee. This would result ill approximately 42 trips per day on the average for the recycling operation, assuming 1 employee on the site, and 5 truck drivers. In comparison, the Collier County Traffic Operations has determined that the average trips per day on this portion of Immokalee Road are 5,492, 6,003, and 5,348 vehicles per day for the last three years of 2002 through 2004. This shows that the recycling operation off of Wild Turkey Drive will increase the average daily vehicle trips on Immokalee Road by less than 1% from the year 2004 to 5390 average trips per day. New average trips per day compared to 2004 County traffic repOlt Year Measured Average Recycling Total Percent Increase Vehicles Per Day Facility 2004 5,348 42 5,390 0.78% According to the owner of the facility, by their experience, each dump truck within the facility tries to deliver three loads of material per day. This would result in 44l1ips required per day on the average if the assumption is made that the one (m-site employee arrives at the site and leaves twice a day, each truck driver aroves at the site and leaves once per day, and each load hauled by a dump truck generates two trips. This comparison is consistent with the average trips determined using the ITE Manual, and also shows that the recycling operation win only increase the average vehicle trips per day by less than 1 % from the year 2004 to 5,392 average trips per day. 1:\DATAI20041C>4Z70ITIS\04270 TlS 20050702.doo Agenda Item No. 70 i.""" ~uly 1''\ 21;)07 ," Pa[)~ ~~9~Rf[;;69 -F, 'If <~9 Average trips per day Trips In Trips Out Total lOn-site Worker 2 2 4 ,. 5 Truck Drivers 20 20 40 6 Total employees 22 22 44 New average trips per day compared to 2004 County traffic report Measured Average Recycling Total Year Percent Increase Vehicles Per Day Facility ---- 2004 5,348 44 5,392 0.82% - --.~-_..- I:\DA TA\2.Q04\04270\1'IS\04270 TlS 200S07G2.Joc Agenda Item No. 70 July 24, 2007 Page 130 of 269 'P&....os.J C.I~~ liD '(ltpllu'IQ S:ltIRWOBEl JO/pUV "PVU80 ~IIBpO'lS} .p8\ID~ jO IU8WllJG...OO WOa-1661 0 llllr!l!1041nD Ul1lPIlWO WClJllIOlnlUlJed tUW> 1I8lfilll UOIlUWJOJUI8lIprll:lUl8IUP 811/J. 'PlWlt'eJ 1iI1\!6!' lilt .&OIGolOlI\I~O.l. utl/lIlOj"llN Z:OOZ C "j'HINDSOI Slll~J BY oOUj 'ABoIOUlpD,1.111110 C11l/ll11JlJoo9 Aq z:o~ Ili'VAcI~O 81BBIW/1UO::nIOillJ..1j\,I.fMlM\lr.d111l -1l8Nel8J 9l11O,J ftV "'8Illllddoll '61] JO/pU8 "diD:) ijOIOl:lJW t:O~-9Be ~ 0 ~"I.dOO c ~ 1WO -::. -- h--~c<~~\(,-4!lii:~~,,;+."-;,,f;~;C~';:I~.'';':' ':.. '_~~r~_"~,.t< ~~~" --,.. ~'qiij:r;;;P ~>~~'"'_~ - .-- ~'. '. .-:-.. '..-:' . .~., . """'R- - 'M!i.nv-"",",:;'" - -;; ..,.~. - -~~emo. .." ,~;~- - .:=_:~+';~~~~ ~::~_:~~~t ,~~1:2;:~lV~=::"'~ '.-Yi':>:,,:>~'''' ::: :.?~c:~:c'=~~ :..:~~ ,~--> .~:~,"~~-~,~,~__;:;:~~~~:;~!t~\t~if":it-E:~~ _ -- ~""_ --._ ,,!N...~;'II:P".4( :-_ --c. :Ii.___ .'.N: "':!'"~ _'I\'/'l ::-" ~ , I-;r::~-;_ - B .. 9'>. --- ,.:: ',-. :: , --:~: _ :~N.~'7'~I'!\~.:. :k-:--"~ ,:"V"lYl' _M~. _.;.... _~.,;;:.:2f :-..:.. ': j:~:~i~~~'~:;"'1 r:' --' c- - -~r,l:"'~::-:-~ -~-~-:- 'Jr,:", --:r.."' ~,-!}'-~ ~.!"~ ~}~)~~r-~-. -"'-~':::~:-_~~--~~- -- - ~f'I"~,::, Coo. ~':"."- :", :",.- :~ ~\';.:-t('::'-:-5'::"-'::.-:-_':' ""~::'". f'~ ,," ~'~_$~'_ .::::~ 1:~r(:~:::'C-~.:.. -': .~:t~~{.::f-~:-,~:-::::':.:-:::_J~::::: j ..~ 7~;f::~;:f/'!~~ r' c. . Ji..~~l.t1r{~:~c-:~\': ~-:'. 1 . '---I~-::f",J.. -';'''-'._, -, 'If'lJN!!!'.V"'LY,~\tl j- -' -- --'"-' I~l-.~ '-3~i~:i;[~-~~~ '~~'~~~~~ ~~ ~-~,.'d-~~ .-'~.-.~'~~:tj~!~rA;~-l~\~~~~~{:['~ [..': "O^' !__.J "\r~~-~~_'Zi~~-,-a,-:":;,-:,_-:: :_'- ';,-: '.._.-:'.-- ';:':,' --~,: _d~~_ '::~IS~ "'~~-:~ :':~ __ ;j r-il-J d':, :j: :"' :." _~_ _~. _:c_ ~~ ~ :~:: ~~rt~~I-. ~ ~=>~ ~~ -,:'_ ~:: .' - - _~N ~v-;"., ~. -.=.\,j-=,if'8~~!,II:- 6=-L~ .:.~,';j::': .-:ij:t <: ,'--:...- - :::-..- _1-:-::.: _'--:-=.: _',-:.' . oo. _'_C ".">" ~_' c--\ -._! I I 1- - - "' - -. - __ - L_'-'~_,--!::.~~~^,::"u~---J::~,Cic~:~:.IT--:-j _ -..- ::--'_"-::. -~. .,:'--.:..:-"'::- - '- ":-'::1-3N ""\t,4ll>~-~\-\: G::,'1),o'i',-Jl1-"joo -.:. ,-:oo -Co -:: -:: - -: .. ::::.;;~--- -- - '" -,. - __ ~ _1-_~_~;_...,..t_I~C~r-'~ 'f _ :: _~ _-- _' ::!. "'7 _ -7 ~~ ~ a" _ __ ~:o..... j:_ ~c'. .~ : ~"~ ~%~:~~~; ~~ .^I'O A~:':~.~~~~I;_~~;~_ :~J)",fd'~ -: -~~r:Cg-~',;;f;~,f; ..~.--=~.":~~ t~'ii . -__ c: - - _- dill 9!\\1 !lIO! . ~\"L\-\ ---'j\- ~\ t~ ::. .:-"\1- "-;: - -_. .~; - " ~_ .~ __ ..: .------; _ '~:--" : : "_c'.:-'--'"_ -~ ,& _ ~~. .1 .. -'N "''';P'l;:S,:\ \-\.1 ".\" -. "-9 -- -- _c. --. --- --- - . , 'zi '-' 1'"-" ._~~ -- -- 1----- -- - - - -_ - -- ,-: 1S:~~,Ld."l. - r -. -.- ~ =!!" """ 41'.. _ . _- - .--":" 1-- ,-",<,. .. _.:-" -:c _- _ - .. , _"" .. ..i '.- _ __i<_-"N:~"IV"",..::c.J;(.\' '~J'<:I ~~:~-~r:-:':':".-::<-,:,~: ~ _.~ --' -i- ,-,-::.-r:,. - - - ""3['j'._^_\i4J!l!i,.'. - -.-, - ",--,;:.--. '."<.,'-...: f~"- ," . p- .. . '. -. - . "N-"~'l u",," ,,,-:;!J' U1 _ _ . .. .. -. , . .. - . PI;!. u!~n~ " "_ . ::r-......""":: :::-...-.---:.....~-~- -1 :i: ....-:_ --,c.~I_:_ -" .---_"_ -::- ....-:=_:. =-__:~=--_ :":".1':_ . .'.,' 3~ M'II pUll 'nF" T. ._ . _:- . _:'~_:,--=- 'c-':: -.- . ::. .,-. ___= _:-:~, 7:" ::: ~'-.:z. __~. - . ..'\ -. ..ittj.. . f-.P../:!'.. . ,"-__ ._ _, '__ _ c_ _ - .. -.' - Ii~J-_..-_-..L "":'1 I. :/ -'--' ~_ -- . --. _C - -- -;-.-, """ -.-: fi?:'{Ft.:; J_:_~::- :i~t'"-'! _ :. ..~r ~--~: -.-::=:.., =,- ~-}:;_:-;:~_ ::.; ~_-~: ,~~JJ~-~\~:;i8:ijfJ~L~ ff~~c"i~~-:\I:::',_, i--"..:.~,..: '_=-'c--- ~~:~ _:c ~:-~-=- -)-~~ -=--:~ J =r..[-.- '::-'~~""'~'''::- "C \:J.it:J:Il--!":: E):;:":~'-""-~-'" -- - -=- .--.;c-:- ..::--~ ..::- _. - "' ~Id}-p:.":.::-::'::::'~.-~~-::'=-"-~I'::i :t::~:".- ---.- .'-- . Jl~.~.,;~.--~~~_--;:.~~:::'''-,:: .- -_~,ii' u . .. --.:- --" .. ..... i".,-: 1~1 rH~ . ......'. a}~~n .' .h)i~..nI;U.~d~.MS:~:;TJ_:;.~,oo _; \lJ I : </!~<~. A:-1-\f'\] "___ _ , ,< .',:: : /. '.. ,...', .",/, _- r r --\---. '. J:.t ):1 l V aced '?CDG '(;Z'lnf 9L 'UN wau ep~JB5V' dBV\I UO!lB:lOllilJedoJd pe[qns Collier County Department of Transportation Operations Golden Gate Estates Area Trame Count Stations 48 hrunDlmlee Rod CR 846 ..$S '-....677 626 on w.n &0... (OR 851l) 874 6?6 75 W 650 BIY" D i . 1 ~ . 1 680 v 0 . 36 t 38 . 0 Coldtln c.tf:: Blvd . 1 37 " 39 B 6"' . 1 1 d v v . " " . B 1 v d N t Page 19 of 2.2 c...,.- "".... Bd. '-....,;12 ,,6,9f!~dC\ Item.No.]D ; ""\JuIY21t;.2-007 ..... ~69 ,.,,::, JC'2 c, ,~_, 4/612005 Collier County Average Dally Traffic (ADT) Counts (Five Year History & Listed Alphabetically) Agenda Item No. 7D AgthcaJ~~4p20G7 P~!l)1$Z i(P~@9 ~ ',' ".-..r ;'''-'1 ""'00.",;0; ...:;:. sta. T' UlcaUon 20DD ADT 2DDl ADT 2002 ADT 20D3 ADT 2D04 ADT Change (13- 54 5{)4 Q Goodlette ReI (OR 851) soulh of Goldsn Gete Pkwy (OR 866) 32,5M 36,707 37,384 37,720 36,2<13 1.39% 594 Q Goodlette Rd (OR 651) south of Immokelee Rd (OR 646) 14,602 17,36B 15,348 12,311 11j806 -4.10% 596. Q Goodlatte Rd (CR 851) south of OrangE! Blossom Dr 20,533 . 24,426 20,193 D 0 0.00% 506 Q Goodletts Rd (OR 651) south of Pine Ridge Rd (OR 896) 31,674 35,934 33,746 31,450 29,681 ~5.63% 642 Q Gr&an Blvd east of Santa Barbara Blvd 10,346 12,153 13,lDO 13,882 14,261 2.88% 643 Q Green Blvd wes.t of Collier Blvd (GR 951) 6,135 6,946 7,633 7,693 6,562 8.73% 583 A Gulfshor9 Dr south of Bayvlaw Or 5,172 6,543 5,961 5,546 5,723 3.21% 714 S Heathwood Dr north of San Marco Or (CR 92) 6,920 7,190 B,344 8,918 8,711 -2.99% 715 S Hestf1wood Dr south 01 San Marco Or (CR 92) 5,368 5.745 6,093 5,459 5,515 1.02% 675 Q Immokalaa Rd (845) east of Wilson Blvd 16,208 17,913 21,462 23,577 25,970 10.15% 625 Q Immokalee Rd (CR 846) east of GoodJette Rd (CR B51) 34,271 37.278 38,702 40,590 45,365 11.81% 567 Q Immokalae Rd (CR 846) east of Airport Rd (OR 31) 26,939 30,591 39,031 44,916 40,051 2.53% 593 0 ImmokaleB R.d (CR. M6} Basl of Callier Blvd (CR 951) 16,361 19,799 22,136 24,231 23,363 -a.59% 568 Q Immokal.e R<l (CR 646) aast of J-75 ISR 93) 28,242 33,077 34,565 38,579 42,933 11,29% 566 0 Immokalaa Rd (OR 846) aa'l of US 41 (SR 45) (Tamlaml Tran) 34,062 40,344 37,742 38,965 42,086 7.95% 620 0 Immokal99 Rd {CR B46} rlDrtl1 of Stockade Rd 7,870 6,529 6,848 6,685 6,217 -5.38% 566 A Immokalaa R<l (CR 646) south of 011 Well Rd (CR 656) 11,994 12,504 14,950 16,537 16,485 -0.31% 565 Q Immokalea Rd (OR 846) we.' of US 41 (OR 45) (ramlaml Trail) 15,142 0 17 ,305 17,481 18,991 8.64% : 656 Q Immokalea Rd (CR 846) wast of Collier Blv~ (CR 951) 15,346 16,083 21,489 25,787 27,431 6.36% i 672 Q lmmokalee Road (846} 2 miles east of Everglades BI\Id, 5,125 4,733 4,8Q8 1.55% 684 Q Immokalae Road (CR 646 East) 3 mllas ea,t of 29 South New Count 2003 1,382 1A34 3.73% 679- 0 Immokalae Road (CR 646) we,t of '-75 (SR 93) New Count 2003 39,775 45]345 14.000(00 674 Q Immokelee Roed (OR 646) west of Wilson Blvd 16,702 17,900 20,460 21,380 211277 -0.48% 677 Q ImmokaJe& Road East of Everglades Blvd 5,(}86 5,224 5,205 .().37% 671 Q tmmokalee Road south of Corkscrew Sanctuary Road 5,492 6,033 5,348 -11.37% 631 Q J & C Blvd west of Airport Rd (CR 31) 12,033 12,157 12,040 11,946 12,131 1.55% 6'4 A Jane's Scenic Dr west of SR 29 766 902 1,011 998 705 -29.36% 707 S Kanda!! Or west of Collier Blvd (SR 951} 3,033 3,126 3,135 3,470 3,454 .0.45% 609 Q Lake Trafford Rd (CR 690) west of Carson Rd 5,269 6,759 6,647 61679 6)320 -5.38% 551 Q Lake Trafford Rd (CR 690) west of North 15th SIISR 29) 11,482 12,265 12,004 12,260 12,337 0.46% 87310- Q Livingston Road (CR 881) north of ImmokalB8 Road (CR 846) 3,230 2,840 .16,'344 475.56% 686 Q Livingston Road (OR 681) north of Radio Roed (CR 656) 12,136 16,466 19,083 15.89% 687 Q Livingston Road (CR 861) south of Golden Gate Pkwy (OR 8B6) 14,578 23,314 27,666 18.19% 1690 Q Livinston Rd (CR 881) 1.5 m north of Golden Gate Pkwy (OR 886) 5,192 20.947 29,759 42.07% 587 Q Logan Blvd north of Pine Ridge Rd (CR 896) 10,856 11,356 13,147 11,M3 10,094 -13.60% 58B Q logan Blvd aouth of Pine Ridge Rd (OR 896) 31,065 31,182 34,207 29,276 29,523 0.84% 654 Q Logan Blvd sou1h of VanderbUl Beach Ext.(CR 862) 8,594 9,370 10,964 9,682 8,147 -15,85% 664 Q Main St (SR 29) west of South 1st SI (CR 846) 12,835 13,351 12,944 130451 13,627 1.31% 658 A Manatee Rd east of Collier Blvd (CR 951) DISC DISO DISC DISC 0 0,00% 723 S Manatee Rd e..t of OolllerBlvd (CR 951) 4,255 4,568 4,802 4,310 4,785 11.03% 612 Q New Mark.t Rd (SR 29A) aast of North 15th St (SR 29) 7,414 1,875 7,763 6,137 9,833 6,09% 550 Q New Market ReI (SR 29A) south of Broward 51 7,635 6.269 7,968 7,576 8,405 10.95% Page 3 - 8 0122 41612005 .f::R\\\)S'1.' I.t. RPJ,I:J..t >7 D .~WIY2'l-;"rao7 Pa>lEj'2{~~ ~i ."-99 RESOLUTfON NO. 2006 .. A RESOLUTION OF THE BOARD Of ZONING APPEALS Of COLLIER COUNTY, fLORIDA, PROVIDING fOR THE ESTABLISHMENT OF A CONDITIONAL USE, "'S ALLOWED BY SECTION 2.03.08.....3 OF THE LAND DEVELOPMENT CODE, IN THE RURAL AGRlCULTIJRE.. MOBILE HOME OVERLII Y ("'-MHO) ZONING DISTRICT, FOR "FACILITIES FOR THE COLLECTION, TRANSFER. PROCESSING, AND REDUCTION OF SOLID WASTE". THE APPUCANT PROPOSES TO USE THE SITE FOR A HORTICULTURAL MULCHING AND RECYCLING F...CILITY WITH LlMITED HOURS OF OPERATION FOR PROPERTY LOCATED AT 1260 WILD TURKEY DRIVE, IN SECTION 26, TOWNSHIP 47 SOlITH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter i 2S, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protectioD of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004.41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of pardcular geographic divisions of the COWlty, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted Planning board for the area hereby affected, has held a public bearing after Dotice as in said regulations made and provided, and has considered the advlsability of a conditional use, as allowed by Section 2.03.08.A.3 of the Land Development Code, in the Ruml"'griculture Zoning District with a Mobile Home Overlay (A~MHO), for facilities for the collection, transfer, processing, and reduction of solid waste. The applicant proposes to use the site for a borticultural mulching and recycling facility with limited hours of operation on the property hereinafter- descrihed; and WHEREAS. the Collier County Planning Commission recommended denial of the application, finding lack of adequate ingress and egress; inconsistency with the Land Development Code and Grov.1h Management Plan; and incompatibility with the adjacent properties and other property in the district; and WHEREAS, the Board, having considered the Planning Commission's recommendation, and having heard additional e\1.dence not presented to the Planning Commission, bas found as a rnaner of fact (Exhibit "A") that satisfactory provision and mangement have been ma.de concerning aU applicable matten; required by said regulations and in accordance with Subsection 10,08.00.D of the Land Development Code; and VlHEREA$, all interested parties have been given opportunity 10 be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Page 1 of2 Agenda Item Nb. 70 "'.qi,,,.j5 >!\JW il-:j-, ~7 . P"g~ 1~4~j2:i39 4501149 I NOW, TIIEREFORE, BE IT RESOLVED BY TIIE BOARD OF ZON'D'lG APPEALS OF COLLlER COUNTY. FLORIDA, that: The petition filed by Coastal Engineering Consultants, Inc. representing Jaime and Demarys Oliva with respect to the property hereinafter described as: Parcell; The west % of the sOutheast ~ of the southwest Y4 of the southeast Y4 of Section 26, Township 47 South, Range 27 East, lying and being in Collier County. Florida; and Parcel 2: The east Yl of the southeast ~ of the southwest ~ of the southeast Y.. of Section 26, Township 47 South, Range 27 Eas~ lying and being in Collier County, Florida, be and the same is hereby approved for a conditional use, as allowed by Section 2.03.08.A3 of the Land Development Code, in the Rural Agriculture Zoning District with a Mobile !lome Overlay (A- !\1HO), for facilities for the collection. transfer, processing, and reduction of solid waste. The applicant proposes to use the site for a horticultural mulching and recycling facility with limited hours of operation in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the conditions set forth in Exhibit "e" which is attached hereto and incorporated by reference. BE IT FURTIIER RESOL YED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, secood and super-majority vote, this _ day of ,2006. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRANK HALAS. CHAIRMAN ATTEST: DV;'lGHT E. BROCK. CLERK By: . Deputy Clerk Page 2 of2 ~ . Agenda Item No, 7D "c ,,', "Ju1y 24'7007 P 'e1'35 tif'~9 ~!:'e ~;tl ;J! .o..;~:' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR eJU-200S-AJR-8046 The following facts are found: 1. Sections 2,04.03 and 2,03,08.A.3 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 tbe same district or neighborhood because of: A. Consistency with tbe Land Development Code and Growth Management Plan: Yes No v' B. Ingress and egress to property and proposed structures tbereon with particular reference to automotive and pedestrian safety' and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingrcss & egress Yes_ NoL. C. A.ffects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by 1 Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes_ NoL Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: (P - I 'I ~ D(; CHAJRMAN:~\cul pk~ EXHIBIT A A~~~~JM~"3:4~;, -'~~ P.ag'e 136 . 69 ....,...,.,.-. " .. .". u 'I II~U~ -"lll'l I [>as-" ~ Ii [~~~~ 'i ......' In , ~ ~, ~ . ~ . 11 ~ a Ii I II o.--! . I I (if; I I ~ , ; ~ ~ w Ii .1 I I i CONDmONS OF APPROVAL FOR A CONDmONAL USE PETITION FOR CU-2005-AR-8046 . Agenda Iterr No..7D ~,:.!,,"H'e 'JlIlY,2''l,2807 P~fie 4B7'9f.269 r'.;:;:~' ~d 0, :..i:::' The petitioners agree to develop and maintain the project subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Mulching and Horticultural Recycling Conceptual Site Plan 2," prepared by Coastal Engineering Consultants, Inc, dated March 2, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. After-the-fuct penalty fees shall be required for all clearing at the time of SDP submittal. 4. Approved wetland lines or exemption shall be required at SDP submittal and SFWMD or DEP wetland permit or letter of exemption will be required prior to SDP approval. 5. A replanting plan for the recreated preserve shall be reviewed and approved as part of the SOP. 6. The subject site is within the panther secondary merit area and near the primary merit area. Correspondence from FWS and FWC shall be required prior to SDP approval regarding any mitigation for panther impacts. Any required mitigation will be required to be performed and evidence supplied to the County prior to SDP approval, 7. The project shall obtain an environmental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. 8. In addition to landscape buffers required by the Land Development Code, the applicant shall construct a six-foot high wall atop a two-foot high earthen berm around the subject site, exclusive of the native preserve area, as shown on the conceptual site plan. The wall shall be made of a solid material such as concrete block or similar to aid in noise attenuation and shall be in place prior to commencement of mulching operations. 9. The applicant shall ensure that Wild TurkeyDrive is not degraded due to the mulching facility traffic. Road improvements, including paving Wild Turkey Drive, apron improvements to Immokalee Road or periodic grading of Wild Turkey Drive may be required by the Transportation Division during the SDP review process. 10. Hours of operation are limited to 8:00 am to 5:00 pm Monday through Friday and 8:00 am to 12:00 pm on Saturday, excluding any days classified as legal holidays in the Florida Statutes. EXHIBIT C fl,oenda Ite~NO'60 --I\j('l>m'JDIY' '?p)J7 P~'14 i;c:r"'69 1 'J~'el ~~ tif t~ II. Truck parking shall be limited to those used in the operation of the mulching facility. There shall be fewer than six dump trucks and 15 roll-off dumpsters on-site at any time. 12, Fuel storage tha:! is accessory to the operation of the mulching facility shall be pennitted, subject to LDC and other applicable regulations, and shall not exceed 500 gallons at any time. Fuel storage shall be located at least fifty feet from any property line or preserve area. 13. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be fifteen (15) feet. EXHIBIT C 'COASTAL ENGINEERING CONSULTANTS INC. A CEel GROUP COMPANY Agenda Item No. 70 July 24, 2007 Page 139 of 269 GEe! Grauo Sereices Civil Engineering Planning Services Suc,ey & Mapping Coastal Engineering Heal Estate Serv ices v\)ebsi1e: ,^'Vo,Cljv,coastalengineering com October 5, 2006 Mr. Douglas Wilson Corkscrew Island Neighborhood Association (CINA) 7000 Big Island Ranch Road Naples, FL 34120 RE: Oliva Mulching and Recycling Facility, 1340 Wild Turkey Drive, Naples, Fl. (CEC File No. 04.270) Dear Mr. Wilson, It is with great enthusiasm that the Olivas present the within proposal in order to address any concerns that your membership may have insofar as the Oliva Mulching Project. It is our belief that lack of communication, inadvertent misinformation and respective advocacy for all involved may have opaqued the Olivas intentions and willingness to not only work jointly with your organization as neighbors but additionally to delineate the parameters of the actual project itself. The entire tearn representing the Olivas along with the Olivas themselves have tailored a proposal that we believe you will End is in line and accordance with the desires and requests of your organization and within the legal standards set forth by the County. The within proposal contains factual, technical and legal infolmation that addresses all of the considerations raised by all parties in interest. We are hopeful that this would indicate that all parties are much more in line with each others respective concerns than what would past events indicate. I. C.I.N.A. STIPULATIONS The following comments are in response to proposed ClNA conditions and recommendations for the referenced project. We have provided the original comments from ClNA followed by our responses in bold. 1) Noise l,a. Decibel maximum in neighboring properties shall not exceed 60 dB. This level is the accepted maximum for residential areas of Collier County, and is well within the claims of the applicant that their mulch machine operates at 52-57 dB. We Agree. As indicated from the sound test conducted on the property we can comply with local sound ordinances during normal operations of the grinder. This 1 310() S. l.imse'J~ll"': OJi~'e.l'\apkf.. r-lorida J.:: iH"* . ['Illl!t~ (239) 643~232-1 17;.\\ ,131.)1 6.J3-11-L:'i. L-m.:tii: ~~C:l.:in'\.:l2! Agenda Item No. 70 July 24, 2007 Page 140 of 269 will not include the occasional spike in sound levels which mayor may not occur. Please see attached sound test. According to the Collier County Noise Ordinance there is a sound level limit of 60 dBA for residential areas. In an agricultural zoned area this level is 75 dBA. We realize there are residential uses on surrounding properties but there are also agricultural type uses as well as this area is currently zoned agricultural. We will further commit to placing the actual grinder machine in a position that would be furthest from any surrounding residential type use to further protect surrounding properties from undesired noise. (please see attached conceptual site plan). l.b. During the first 90 days of operation, decibel levels will be monitored for one week per month to ensure the decibel maximum is not exceeded. This monitoring regime will be repeated each time a different mulch machine is put into operation on site, We are willing to monitor the noise on tne property for the fIrst 90 days of operation and if and when a new muleh machine is operated on the site in the future. We feel it is very expensive and of marginal value, however, to monitor noise levels constantly for one week each month for this period. An aU day long test would also pick up noise from activities on the properties to the south of our operation that often generate noise louder than those of the mulch machine. This is supported through an inspection report from Collier County Code Enforcement Officer Thomas Keegan. On Jun