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Agenda 12/11/2007 R BCC REGULAR MEETING AGENDA DECEMBER 11,2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) Ic"'\ I 1/ o )1 ,,\ AGENDA December 11, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC 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 ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 of 13 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. November 5, 2007 - BCCIAUIR Meeting C. November 7, 2007 - Value Adjustment Board Special Magistrate Stephen Cunningham D. November 9, 2007 - Value Adjustment Board Special Magistrate Mark Pelletier E. November 13, 2007 - BCC Regular Meeting F. November 19, 2007 - Value Adjustment Board Special Magistrate Gerald Lagace G. November 19, 2007 - Value Adjustment Board Special Magistrate Scott Watson 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Noemi Fraguela, EMS B. Advisory Committee Service Awards 5 Year Recipients 1. James Elson - Collier County Citizens Corps 2. Deborah Horvath - Collier County Citizens Corps 3. Walter Jaskiewicz. Collier County Citizens Corps 4. Michael Murphy - Emergency Medical Services Advisory Council 5. Rob Potteiger - Emergency Medical Services Advisory Council 4. PROCLAMATIONS A. Proclamation for Ron Pennington Day to be recieved by Councilman John Sorey and Coastal Advisory Committee member Murray Hendel. B. Proclamation for Bill Neal, "Mayor of Bayshore" Week to be accepted by Bill Neal. C. Proclamation acknowledging Lavigne Kirkpatrick and Dr. Leonard Ferenz for their efforts to strengthen the moral and ethical fiber of our Community. To be accepted by Lavigne Kirkpatrick and Dr. Leonard Ferenz. 5. PRESENTATIONS A. Presentation by Janet Watermeier, Vice Chair of the Florida Transportation Commission regarding State Road Funding. (Commissioner Coletta's request) 6. PUBLIC PETITIONS A. Public petition request by Debbe Faunce to discuss inappropriate business practices by a Collier County Licensed Contractor. B. Public petition request by Vivian Jimenez to discuss eminent domain issues relative to property owners on Oil Well Road. C. Public petition request by Ron McSwiney to discuss the Youth Haven Campus Expansion Project. 2 of 13 Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the November 13, 2007 BCC Meeting. PUDA-2007-AR-11283 (NG) Wing South, Inc., represented by Heidi Williams, AICP of Q. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16 units by increasing the Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The subject property is located along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. B. This item continued from the November 27, 2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-10648: Naples Motorcoach Resort Inc., represented by Robert L. Duane, AICP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. C. CPSS-2007-1: Petition requesting a small scale amendment to the Future Land Use Map Series of the Growth Management Plan, to show an increase in acreage of 9.95 acres for Activity Center number 13. The subject properties, containing 9.95 acres, is located at the southwest corner of Airport Pulling Road and J & C Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. D. This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners consider adopting an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, establishing an impact fee deferral program for approved participants in the Community Workforce Housing Innovation Pilot Program (CWHIP) set forth in Section 420.5095 of the Florida Statutes. This is a companion to Items 10M and 12C. E. Recommendation to approve a Compliance Agreement between the Department of Community Affairs and Collier County, including Petitioners-in-Intervention,setting forth proposed Remedial Amendments to the Capital Improvement Element of the Growth Management Plan, Ordinance 89-05, as amended. 3 of 13 F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2007-AR-11485 (NG) Bryan W. Paul Family Limited Partnership, represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., is requesting a two-year extension for the Orange Blossom Ranch PUD from November 16, 2007 to November 16,2009 in accordance with LDC Section 10.02.13.D.5(a). The subject property consists of 616+/- acres and is located on the north and south sides of Oil Well Road (CR-858) approximately 1 mile east of Immokalee Road (CR-846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier County, Florida. (This is a companion to Item 101) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Historical/Archaeological Preservation Board. B. Appointment of members to the Ochopee Fire Control District Advisory Committee. C. Appointment of member to the Collier County Planning Commission. D. Appointment of member to the Parks and Recreation Advisory Board. E. The Annual Performance Appraisal of the County Attorney. 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board approve and authorize the Chairman to sign a Right of Way Agreement for Underground Conversions with the Florida Power & Light Company pertaining to the conversion of certain overhead electric distribution facilities located within the Vanderbilt Beach Municipal Service Taxing Unit (the MSTU) to Underground distribution and to approve payment to Florida Power & Light Company in the amount of $56,712.00 in order to obtain Engineering Estimate for project. (Diane Flagg, ATM Director) B. This item continued from the November 27,2007 BCC Meeting. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development- related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 (Joseph K. Schmitt, Administrator, Community Development& Environmental Services Division) C. Recommendation to award Contract 08-5008 - Lely Area Stormwater Improvement Project (LASIP) Royal Wood Lake Interconnect to Mitchell & Stark Construction Co., Inc. in the amount of $1,697,387 (Stormwater Management Department Project #51101). (Jerry Kurtz, Principal Project Manager and Gene Calvert, Director) D. To provide the Board of County Commissioners with the status of efforts to resolve mineral rights issue, provide additional information update and to make recommendation regarding the Starnes Agreement for Purchase in the Conservation Collier Program. (Alex Sulecki, Senior Environmental Specialist) E. Recommendation to approve the purchase of Group Insurance excess coverage and vendor services for calendar year 2008 in the amount of $4,453,417. (Jeff Walker, Director, Risk Management) 4 of 13 F. Recommendation to award Bid No. 07-4107 Sidewalk Replacement and Installation of Roadway Lighting on Davis Boulevard (SR 84) between US 41 (Tamiami Trail) and Airport-Pulling Road to Quality Enterprises USA, Inc. in the amount of $997,213.49. To also approve a transfer of $200,000 from Collier County Community Redevelopment Agency (CRA) and a budget amendment to move the balance of funding needed, plus a contingency for utility conflicts of $50,000.00, from project 601721 to 601761, for a total funding amount of $1,047,213.49. (This is a companion item to 14A, which must be approved prior to consideration of this agenda item). (Bob Tipton, Traffic Operations Director) G. Recommendation to award and approve a contract for RFP-07-4131 Design Services for Gordon River Greenway Park in the amount of $1 ,240,041.00 to Kimley-Horn and Associates, Inc. and approve the necessary budget amendment. (Amanda Townsend, Public Services; Margaret Bishop, TransportationlStormwater Management; Gene Calvert, Transportation/Stormwater Management) H. Recommendation to approve the Collier County Floodplain Management Plan 2008 for inclusion as Section 7 of the Collier County Hazard Mitigation Plan. (Robert Wiley, P.E.,C.F.M., Principal Project Manager, Engineering and Environment Services Department, CDES Division) I. Recommendation to approve a Developers Contribution Agreement (DCA) between Pulte Home Corporation and The Bryan W. Paul Family Limited Partnership (The Developers) and Collier County to grant a permanent non-exclusive drainage easement and provide water quality treatment and attenuation for stormwater run off for the future expansion of Oil Well Road. (This is a companion to Item 8F) (Nick Casalanguida, Transportation/Planning Director) J. Recommendation to Deny Approval of a $452,984 Clerk Invoice for Services Provided to the Board of County Commissioners during the Month of October 2007. (Mike Smykowski, Director, Office of Management and Budget) K. Recommendation that the Board not proceed with the closing contemplated pursuant to the Purchase Agreement for 2.5 acres of improved property, approved by the Board on October 9, 2007, which is required for road right-of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168 (fiscal impact: Funds in the amount of $420,000.00 plus $10,000.00 in costs not expended at this time.) (Jay Ahmad, Transportation/ECM Director and Kevin Hendricks, ROW Acquisition Manager) L. Recommendation to approve the FY 2007-08 agreement between Collier County Board of Commissioners and the David Lawrence Mental Health Center, Inc. in the amount of $1.101,120 and authorize the Chairman to sign. (Marla Ramsey, Administrator, Public Services) M. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010, to allow SHIP Purchase Assistance when funds are allocated to a development that has been awarded funds under the Community Workforce Housing Innovation Pilot Program (CWHIP). This is a companion to Item 8D and Item 12C. (Marla Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 11 :00 a.m. Investigative Report of Outside Counsel Lawrence A. Farese, Esq. of the firm Robins, Kaplan, Miller & Ciresi L.L.P., to the Board of County Commissioners Regarding Richland PUD (Pebblebrook) I Olde Cypress PUD. 5 of 13 B. Recommendation, pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the office of the County Attorney and the Risk Management Department to retain outside counsel to represent individual county employees sued James and Sherry Marshall v. Collier County, Jess Letourneau and Michelle Arnold, Case No. 07-4455- CA, in the Circuit Court for the Twentieth Judical Circuit in and for Collier, County, Florida, and waive the purchasing policy to the extent it applies to the selection of outside counsel. C. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt a Resolution recommending MDG Capital Corporation and the Essential Services Personnel Housing Coalition of Collier County (ESP) as the Collier County applicant for the Representative Mike Davis Community Workforce Housing Innovation Pilot Program (CWHIP) for the 2008 application cycle. This is a companion to Items 10M and 8D. D. Recommendation that the Board of County Commissioners accepts payment in the amount of $2,907.50 in exchange for a Release and Satisfaction of Lien in the Code Enforcement action entitled Collier County v. Robert T. Lockhart, Case No. CEB 2004-026. 13. OTHER CONSTITUTIONAL OFFICERS A. To obtain Board approval for disbursements for the period of November 17, 2007 through November 23, 2007 and for submission into the official records of the Board. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County Local Agency Program (LAP) Agreement to undertake a roadway lighting project on State Road 84 (Davis Blvd) in the Gateway Triangle Area; to approve a monetary contribution of not to exceed $200,000 from the Bayshore Gateway Triangle CRA Fund 187 to Gas Tax Project No. 601721 to assist in funding the roadway improvement; and approve all necessary budget amendments. (Companion to Item 10F must be approved prior to 10F) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item{s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facility for The Majors, Phase One. 2. Request approval by the Board of County Commissioners for a Special Land Development Code (LDC) amendment cycle for the 2008 calendar year to address an urgent amendment to the Land Development Code specifically addressing Section 1.04.04, Reduction of Required Site Design Requirements to address the severing of Transfer of Development Rights (TDR) related to lands identified for a Transportation right-of-way. 3. To accept final and unconditional conveyance of the water utility facility for Jaegar Road Warehouse Condos 6 of 13 4. To accept final and unconditional conveyance of the water utility facility for Cedar Hammock, Tract F-4 5. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 6. Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra, Parcel 100. 7. Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Cove Sales and Model Center. 8. Recommendation to approve final acceptance of the water and sewer utility facility for Tuscany Cove Temporary Construction and Administration Facility. 9. Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Cove 10. Recommendation to Board of County Commissioners to authorize the preparation of a strategic operational plan for the Immokalee Local Redevelopment Advisory Board (Companion item to item 16G3 to be considered following action on 16G3)(Thomas Greenwood,Principal Planner, Comprehensive Planning Department, Community Development & Environmental Services Division) 11. 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 Capri Commercial Center No.2 B. TRANSPORTATION SERVICES 1. Recommendation to approve the Memorandum of Agreement (MOA) between the Florida Commission for Transportation Disadvantaged (CTD) and the Collier County Board of County Commissioners (BCC). 2. Recommendation to rescind award of Bid 08-5001 to Commercial Fence Contractors, Inc. for $60,073.52 and award it to USA Steel Fence, Inc. in the amount of $77,352.60. 3. Recommendation to accept a Quitclaim Deed from Lennar Homes, LLC, to lands dedicated to the County as a public right-of-way. (Fiscal impact: $18.50) Project # 60018 4. Recommendation to award Bid #08-5004 Radio Road Phase I Landscape Irrigation Project- to Hannula Landscaping, Inc. in the amount of $464,434.62 5. Recommendation to award Work Order # PBS-FT-3987-08-01 under Collier County Contract number 06-3987 for Fixed Term Professional Construction, Engineering and Inspection (CEI) Services for the Freedom Park in the amount of $458,904.00 to PBS&J, Inc. 6. Recommendation to approve an agreement between Collier County and Ibis Club for a sewer service interconnection from the Collier County CAT operations facility into the Ibis Club sewer system. 7. Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded 8. Recommendation to reject all bids received under Bid #08-4196 Cleaning & Documentation of Storm Drains 7 of 13 9. Recommendation to authorize the Chairman of the Board of County Commissioners to sign an easement instrument with the Florida Department of Environmental Protection (FDEP), for the installation and maintenance of prefabricated pedestrian bridges crossing the Cocohatchee River and one of its tributaries on the west side of Vanderbilt Drive within the existing right-of- way. 10. Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded. 11. Recommendation to approve and execute a contract amendment 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. 12. Recommendation to approve the purchase of improved property (Parcel No. 133) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $728,655) C. PUBLIC UTILITIES 1. Recommendation To Authorize submission of Amendment One (1) To The State Revolving Fund Loan Agreement (DW 1111020) through The Florida Department Of Environmental Protection (FDEP) for Lower Hawthorn Wells 18N, 19N, and 20N, Project 71006 2. Approve A Resolution Authorizing The Declaration of Official Intent for the North County Water Reclamation Facility (NCWRF) Expansion To 24.1 MGD; Solid Stream Project 739502. The Approval of this Resolution Will Allow The Fiorida Department of Environmental Protection (FDEP) To Reimburse The County Using Notes and Bond Proceeds in the amount of $1,708,505. 3. Award annual contract for Utilities/Facilities electrical component testing pursuant to RFP#07- 4156 in the estimated amount of $200,000. 4. Recommendation to approve Contract 07-4116 to Optellios, Incorporated, for $458,820, for perimeter security systems at the North and South Regional Water Treatment Plants as well as future Water Department facilities, Project Numbers 710091 and 710092. 5. Award Contract 05-3870 to MWH Constructors Inc. for Construction Management-at-Risk services for construction of the Northeast Facilities, and approve preconstruction phase services in a total not-to-exceed amount of $850,000, Projects 70902, 73156, 70899. D. PUBLIC SERVICES 1. Recommendation to authorize the Chairman to sign the Declaration of Restrictions for East Naples Community Park Senior Center Addition as required by the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) Program 2. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Norge Del Sol and Doraisy Del Sol (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 128, Trail Ridge. 3. Recommendation to approve a budget amendment in the amount of $886,000 to ensure continuous funding of the Older Americans Act grant. B of 13 4. Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement in the amount of $223,802 with Collier Health Services, Inc. (CHSI) and the Agency for Health Care Administration (AHCA) to participate in the Low Income Pool Program. Participation in this program will generate an additional $294,619 in Federal matching funds to be paid directly to CHSI for services for the most medically needy in Collier County. 5. Recommendation to approve a request for permission to apply for a Historic Preservation Grant in an amount not to exceed $50,000 for design services related to Mar-Good Harbor Park 6. Recommendation to approve the Community Libraries in Caring Program Grant Agreement to the Florida Department of State, State Library and Archives of Florida for an Immokalee Library Homework Help Grant, in the amount of $9,292, and approve needed budget amendments. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve an Agreement for Sale and Purchase with Richard R. Berger, Trustee of the Robert K. Berger and Ruth A. Berger Trust Agreement dated 5/14/99 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 2. Recommendation to approve an Agreement for Sale and Purchase with Ricardo Carnero and Maria Elena Carnero for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 3. Recommendation to approve an Agreement for Sale and Purchase with William J. Fognini as Trustee of the William J. Fognini Revocable Trust Agreement dated 9126196 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 4. Recommendation to approve an Agreement for Sale and Purchase with James A. Haschker for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $38,170. 5. Recommendation to approve an Agreement for Sale and Purchase with Vonda V. Hunt for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 6. Recommendation to approve an Agreement for Sale and Purchase with Bernhard Langhart and Marlene R. Langhart for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 7. Recommendation to approve an Agreement for Sale and Purchase with Jane Bryan Lewis for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 8. Recommendation to approve an Agreement for Sale and Purchase with Antonia Medina for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,730. 9. Recommendation to approve an Agreement for Sale and Purchase with Guillermo Paz for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 10. Recommendation to approve an Agreement for Sale and Purchase with Osvaldo Regalado for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 11. Recommendation to approve an Agreement for Sale and Purchase with Graciela Sanchez for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,730. 9 of 13 12. Recommendation to authorize the County Manager or his designee to sign police affidavits against trespass activities that are inconsistent with objectives identified in approved Conservation Collier Preserve management plans. 13. Recommendation to approve an Agreement for Sale and Purchase with Ronald Frazier, James Frazier, Stephen Frazier, and Matthew Frazier for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 14. Recommendation to approve an Agreement for Sale and Purchase with Brihaschand Mohabir and Sursatti Mohabir for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 15. Recommendation to approve an Agreement for Sale and Purchase with David W. Crookall and Constance J. Crookall for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $53,470. 16. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. F. COUNTY MANAGER 1. Recommendation to approve Memorandums of Understanding between Collier County and the following agencies; Guadalupe Center and the Florida Alert Response Team 2. Approve budget amendments. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 2. To approve and execute Sweat Equity Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 3. Recommendation to the Community Redevelopment Agency to authorize the preparation of a strategic operational plan for the Immokalee Local Redevelopment Advisory Board (Companion item to item 16A 12 to be considered before item 16A12) H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the League of Women Voters Luncheon and participated as a guest speaker at the Collier Athletic Club on Monday, November 19,2007. $20.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the big Cypress Basin Holiday Luncheon on Friday, December 14, 2007, at the Big Cypress Basin office in Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Urban Land Institute of SWF - Transportation: Understanding Regional and Local Issues and Initiatives meeting on November 29,2007. $35 to be paid from Commissioner Coletta's travel budget. 10 of 13 4. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Citizen of the Year Banquet and participated as a guest speaker at the Elks Club on November 15, 2007. $35.00 to be paid from Commissioner Coletta's travel budget. 5. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid publiC purpose. Attended the Leadership Collier Agriculture Day in Immokalee and participated as a guest speaker at the Immokalee Ranch on November 29, 2007. $9.00 to be paid from Commissioner Coletta's travel budget. 6. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Florida Engineering Society Calusa Chapter Dinner as a guest speaker on January 31, 2008. $30.00 to be paid from Commissioner Coletta's travel budget. 7. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Renewal of Leadership Collier Foundation Alumni 2008 Dues. $100.00 to be paid from Commissioner Coletta's travel budget. 8. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Bill Moss Farewell Luncheon on Wednesday, November 28,2007, at the Hideaway Beach Club; $25.00 to be paid from Commissioner Fiala's travel budget. 9. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend The Greater Naples Better Government Committee Holiday Social on December 18, 2007, at Vergina's on 5th; $10.00 to be paid from Commissioner Fiala's travel budget. 10. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The Naples Historical Society Victorian Christmas Gala on December 7, 2007, at the Palm Cottage; $300 to be paid from Commissioner Fiala's travel budget. 11. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The Marco Island Chamber Christmas Gala on December, 9, 2007, at the Island Country Club; $70.00 to be paid from Commissioner Fiala's travel budget. 12. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Friends of the Museum of the Everglades Annual Members Luncheon on December 3,2007, at the Everglades Museum; $10.00 to be paid from Commissioner Fiala's travel budget. 13. Recommendation to adopt a Resolution superseding and replacing Resolution 2006-287 in order to reappoint Collier County Commissioner James Coletta to another term on the Southwest Florida Expressway Authority to commence on February 16, 2008 through and including February 15, 2010. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. 11 of 13 J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation that the BOCC accept the report of interest for the fiscal year ending September 30,2007 pursuant to the Florida Statute 218.78 and Purchasing Policy XIE. For the fiscal year ending September 30, 2007 no interest was paid pursuant to Florida Statute 218.78. 2. To obtain Board approval for disbursements for the period of November 24, 2007 through November 30, 2007 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 183RDUE and 183TDRE in the lawsuit styled Collier County v. Jorge B. Echezarraga, eta!., Case No. 07-3278-CA (Oil Well Road Project No. 60044). (Fiscal Impact $100,232.00) 2. Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 173RDUE in the lawsuit styled Collier County v. Jorge Romero, etal., Case No. 07-2681-CA (Oil Well Road Project No. 60044). (Fiscal Impact $110,150.00) 3. Recommendation to approve a Stipulated Final Judgment for the taking of Parcel No. 131 in the lawsuit styled Collier County v. Charles R. Keller, et al., Case No. 06-0876-CA(County Barn Road Project No. 60101). (Positive Fiscal Impact of $29,500) 4. Recommendation to approve a Stipulated Order of Taking and Final Judgment for Parcels 126FEE and 126TDRE in the lawsuit styled Collier County v. Michael J. Crouch, et aI., Case No. 07-3691-CA (Oil Well Road Project No. 60044). (Fiscal Impact $45,762.05) 5. Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $113,378.00 for the acquisition of Parcel 115 in the lawsuit styled Collier County v. David Lawrence Mental Health Center, Inc., et aI., Case No. 06- 0567-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $64,828.00) 6. Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 169RDUE in the lawsuit styled Collier County v. Jose Munoz, etal., Case No. 07-2823-CA (Oil Well Road Project No. 60044). (Fiscal Impact $59,694.35) 7. Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 213FEE in the lawsuit styled Collier County v. Jose Munoz, etal., Case No. 07-2823-CA (Oil Well Road Project No. 60044). (Fiscal Impact $85,150.00) 12 of 13 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. PUDEX-2007-AR-12149 (JDM) Livingston Professional Center, L.L.C., represented by Robert L. Duane, AICP, requests a two-year PUD Extension for the Hiwassee PUD. The subject property is located on the west side of Livingston Road, south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East of Collier County, Florida B. A Resolution by the Board of County Commissioners (BCC) of Collier County, Florida, designating the parcels of land associated with the Crestview I and II affordable housing development as a Brownfield Area within the Immokalee enterprise zone of Collier County for the purpose of economic development and environmental rehabilitation; authorizing the County Manager or his designee to notify the Department of Environmental Protection of said designation; and providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 of 13 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING. 2007 December 11. 2007 Withdraw Item 6C: Public petition request by Ron McSwiney to discuss the Youth Haven Campus Expansion Project. (Petitioner's request.) Item 90: On the Executive Summary, the name Randy D. Mason is listed twice on the matrix. The fourth name in the table should read: Jason Bailey. (Commissioner Coletta's request.) Item 16A5: On the Executive Summary, the Fiscal Impact should read, ". . . . Release and Satisfactions of Lien estimated to be $10.00 per release (rather than $46.00 per release) totaling $460.00 . . .." (Staff's request.) Item 16C2: The title on the resolution reads "Resolution 2008" but should read "Resolution 2007". (Staff's request.) Item 16E15: In the Executive Summary under Considerations, the 6th paragraph, 2nd sentence should read "The land cost for the 2.73 acre parcel is $51,870" (rather than 2.27 acre parcel). (Commissioner Fiala's request.) Withdraw Item #16G1: To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (Staff's request.) Move Item 17B to 8G: A Resolution by the Board of County Commissioners (BCC) of Collier County, Florida, designating the parcels of land associated with the Crestview I and II affordable housing development as a Brownfield Area within the Immokalee enterprise zone of Collier County for the purpose of economic development and environmental rehabilitation; authorizing the County Manager or his designee to notify the Department of Environmental Protection of said designation; and providing for an effective date. (Commissioner Halas' request.) NOTE: Items 6B and 10K are related items. Item 10A: The FPL Right-of-Way Agreement has been approved and signed by the Chairman of the Vanderbilt MSTU. Copies of the signed agreement have been distributed and are available for review. Time Certain Items: Item 80 to be heard at 1 :00 p.m. Recommendation to consider adopting an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, establishing an impact fee deferral program for approved participants in the Community Workforce Housing Innovation Pilot Program (CWHIP) set forth in Section 420.5095 of the Florida Statutes. (This item is a companion to Items 10M and 12C.) Item 12A to be heard at 11 :00 a.m. Investigative report of outside counsel Lawrence A. Farese, Esq. Of the firm Robins, Kaplan, Miller & Ciresi L.L.P., to the Board of County Commissioners regarding Richland PUD (Pebblebrook)/Olde Cypress PUD. --- - -- Agenda Item No. 3A December 11, 2007 Page 1 of 2 Board of County Commissioners Meeting Tuesday, December 11, 2007 Advisory Awards Participation Listing Name Years of Service Advisory Committee James Elson 5 Collier County Citizens Corps Deborah Horvath 5 Collier Countv Citizens Corps Waller Jaskiewicz 5 Collier County Citizens Corps Michael Murphy 5 Emergency Medical Services Advisory Council Rob Potteiger 5 Emeroency Medical Services Advisorv Council Page I of 1 Agenda Item No. :iA December '11, 2007 Page 2 012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: :V, Meeting Date: ;-.dvlsor'i Saare SerViC<! "'Wilrd~; 5 YE';ar Recloients James Eison. Collier- County Citizens ~:Drps DetJClral'l Ho!'vali-, - Coliler County CI\;zenS Corps 'Nailer .Jaskiewicz - ~;oll1er C:Ollllty ~:it':CGII" Corp~ Midlil!"1 Murplly Emergency Medica: Services AdVl~(lry Council r-,ab F'ot(eISJ8' Erlergency MHilGill Sl?rvic:es \dvlsor\,Colmcil '~i11i:'iJ()7 20(11;0 t.M Prepared By Paui::Sprinps ExecLJli'le Ajdnta !he Bce [Iat'" SonrclofCounty Commissioners BCC Or/ice i112912007 ~4.t-44 PM Approved By S",:,hl"Orl c ~",eu'_(\,,: r,jnnHq.;,lo iris Bee Da\0 l'lOll'd<1fCountV ~'.;C ':)f!ic<o' .. /~~j.'7rIlF ",4:1 PI" ('Clmrnissj(!n"r~' /\pproved By j~m(n ,i Mm!d '-;''''''1'/ M~"J9Cf ~Jat" c:;();"rotCourly LGmrnf~'''Wn0.t'O: .;0""1\ W,,,,,,,gf>(s Off ,~( 'i/3(II:'007'1:,:1'" file://C:\AgendaT est\Export\94. December%20 1 1.%202007\03. %20SER V1CE%20A WARD.. 12/5f2007 Agenda Item No. 4A December 11, 2007 Page 1 of 2 - PROCLAMA TION WHEREAS~ Ron Pennington has been a resident cf Collier County and active in the Greater Naples Community for over 25years: an~ WHEREAS, Mr. Pennington served as a member of the Naples City Council from 1992 to 1996: and, WHEREAS, Mr. Pennington was honored as the 2007 recipient of the Sam Noe Award for outstanding services as a member of the Moorings Bay Citizens Advisory Committee, as a City of Naples representative on the Collier Ccunty CCQstal Advisory Committee.. and for more than two decade.s of service in numerous other volunteer capacities in the City of Naples: onef WHEREAS, Mr. Penmngton has been active in community issues over this period of time taking particular interest in beach and coastal issues: and, WHEREAS, Mr. Pennington was the Chairman of the Naples Beach Committee, the fore- runner to the Coastal Advisory Committee, and was instrumental in the development of the County Coastal Advisory Committee and the use of Tourist Tax Funds for Beach Renourishment and Inlet Maintenance: and, WHEREAS, Mr. Pennington was a member of the County's Coastal Advisory Committee serving from May, 2001 to May 200T and also served as Chairman from 2002 to 2007; ami - WHEREAS, Mr. Pennington was instrumental In the development and success of the recently completed $25, 000, 000 Beach Renourlshment Program completed in 2006/ and, WHEREAS, Mr. Pennington is generally regarded as ''Mr. Beach" throughout Collier County. NOW THE:REFORE, be it proclaimed by the Board of County Commissioners of Callier County, Florida, that December J1,2oo7, be designated as RON PENNINGTON DAY DONE AND ORDERED THIS 1 Jth Day of December, 2ooT. BOARD OF COUNTY COMMISSIONERS COL/JER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK --- Page I of I Agenda Item No. 4A December 11. 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4A Meeting Date: F"tlClamiltltln tor Ron Pennington Day to be recievecJ by Coul1crlman Jonr Sorey and Coastal /'dv!sory Committee member Murray Hendel '2/~ 11::'D07 9,a000/l.M Prepared By Pajri{;i~ Amod"i l\dlTlinistr~live A!de k II", BCC Dale Beard efCeunty Commissioners DCC 1H28i;l007HU!4;59AM Approved By Su,-, Filsoll E:xecutive ManagortolheSCC Date c~o""d of Count\! C:ommr5SlOrWr& fJCC";Olfio' "1128,2007 1()<n f\t.A Approved By ,j"me~ V, "f",dd - '>lJPt'>, M~nage' ii'l\<; (Jor,,'dofColmly r",mn:ss'onerc, (",,,ml" M;1"a(l~'-" "ltiC', 1:!29/;W(l7 ;1'5bt'M file:IIC: \AgendaTest\Export\94- December%20 J 1,%202007\04. %20PROCLAMA TI ONS\4... 12/5/2007 Agenda Item No. 4B December 11, 2007 Page 1 of 2 PROCLAMA rrON WHt:REAS. Bill Neal is the faunder and leader af the Barsh""" Gateway Triang/e Community Redevelopment Agency Local Advisory Baard. Additionally~ Mr. Neal helped form the Bayshore Beautification MSTtl in 1998 and served as its Chairman for 10 years: and, WH€REAS, his efforts in the installation of an effluent water system for irrigation as a savings to taxpayers, his acquisition of 8ayshore Drive bus shelters for C. A. r. bus riders and the acquisition of the FDOT grant to increase the lighting system on the Bayshore Bridge, adding street lights and decorator banners to Bayshore Drive, and successfully changing the publics perception of the eRA community from the negative "Kelly Road" image to Bayshore Drive hove all been greatly appreciated improvements for the area: and, WHEREAS, Mr. Neal led the community initiative to create a CRA to eliminate slum and blight. He created a stand alone CRA office that serves the community needs, hired a CRA executive Director to facilitate the Master Plan, and expanded the CRA staff to 3 profe$s;onals; and. WHEREAS, his efforts in fundIng the median landscape on Davis Blvd., his assistance to the County for FDOT traffic safety lighting on Davis Blvd., and efforts to help the County acquire fand in the Davis Triangle for storm water solutions as well as the acquisition of land to faCIlitate catalyst projects, have 01/ contributed greatly to the improvement of the CRA. - NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of December J 0, 2007, be. designated as Bill Neal, ''Mayor of Bayshore" Week DONE AND ORDERED THIS 11th Day of December, 2007. BOARD OF COUNTY COMMISSIONt:RS COLLIE:R COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK .- Page] of I Agend2 Item No, 48 Docember 11, 2007 Page2of2 COLLIER COUNTY 80ARD OF COUNTY COMMISSIONERS Item Number: ttemSummary; Meetirlg Date: 46 ProclamatIOn for Sill r-,Jp-ai '"Mayor of Bayshore" Week \0 be 2lccepted by Bill Neal 121111.:007 9'00D[I AM Prepared By PalriciaAmodei i\drnin,siri>I,,,*, A,deto the BCC [Jate Board o!(;Qunty Commissi"ners Bee 12!4i200711:;;4:S6AM Approved By Sw:!'"il"o" F.:,.."q,tiV(; Man~gN to 1"'" Bee LMto B01lPi ol'~;(Jul1ty ,;()fnml~SI[)n..rs L~CC OI'Ii",,, :?MI20IJ71:413PM AfIJlrov(\lI By ;a"'''~ Ii, Mud,' :',(Jurlt\,r,;,w"SJ"r ~11te boar,) of.'~uur1t'v ::,(Jmm'S,>IGnH'" :"ur,p,.Pf1.'o",qer ':.!"W:(, ::!141?(j()7' :1P. PM file:J/C:\Agenda Test\Export\94-December%20 11,%202007\04. %20PROCLAMA TIONS\4B.. 12/512007 Agenda Item No. 4C December 11, 2007 Page 1 of 2 .~ PROCLAMA TrON WHEREAS, between 2004 and 2006, under the leadership of Lavigne Kirkpatdck and Dr. Leonore! Ferenz, the Character Council of Collier County (CCCC) created a character education program for Collier County Public Schools that ;s fully c"mpliant with Florida State Law: cmd, WHEREAS, in 2006, the CCCC created and copyrighted a perpetual calendar called "The Circle of Excellence" that identifies and defines the key character traits of positive behavior, i. c. the virtues, and their related qualities, including those required by Florida State Law; and, WHEREAS, beginning with the school year in August 2006, The Circle of Excellence has been displayed at all Collier County school campuses and has been used by teachers to foclJs attention on the central features of the character education program created by the CCCC: and, WI-IEREAS, several private schools in Collier County have incorporated The Circle of Excellence into their character education programs: and.- WHEREAS, over 100 local businesses are displayiflg The Circle of Excellencc/ and WHEREA.5, The Ritz-Carlton, Naples, has incorporated The Circle of Excellence into its ethics training; and, ,,-.. WHEREAS, The Boys and Girls Club of Collier County has adopted The Circle of Excellence {md the character education program created by the CCCC, NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Lavigne Kirkpatrick and Dr. Leonard Feren~ be recognized for their efforts to strengthen the moral and ethical fiber of our Community. DON€ AND ORD€R€D THIS 11 th Day of December, 2007. BOARD OF COUNTY COMMISSION€RS COLLIER COUNTY. FLORIDA JAM€S COLETTA, CHAIRMAN ATT€ST: DWIGHT €. BROCK, CL€RK ,,-.. Page 1 of 1 Aoend,,1 !tern No. 4C December 11, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4C Proclamation aCknowledging Lavigp.(; Kirt:patrick and Dr LAonard FHenl for their eHorts to strengthen the mor<ll and ethioal finer of our Community To t,e <lccepled by Ulvlgne ",lr~patri;;k and 0: Leonard f!JlFmz Meeting Date: 12/11/J007 ~JOO.O() I\M Prepared By Patm;laAlllode; />'dmrnistraliv'l :,i(;"1<; IIw Bee Date BOHdcfCount)' (:ofllm;5sioners Bce 1214/2007-11.40.G7AM Approved B)' ~;lJ" l'-jl,o,on E."ecutive Mana,wr;oitw flee Date fln"n; "fCount. Comml".si"m,"s DC'::: OhIO' <ZI.\i7n071:i,47 PM I\ppl'oveu By ;.'111"" 'Amid -_-,)W1\y'A~'-'d,)(I; :-!at'" B'Hn~ -,f :,,,,,,,\'1 '.,N",nL,<C'I"""W; 'ocmt\' N;~IL">J" Utr'G~- - 2i4!2NP . :;0< PM ;. file://C:\AgendaTest\Export\94~Decembel%20 11, %202007\04.%20PROCLAMA TIONS\4C.. 12/5/2007 Page 1 of] Agenda Item No. 5A December 11, 2007 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summery: SA PresefllL'llion by jfln~t WaJermeie, V'c" Chair uf th€ Florida Transportation C:rmmission rBgardi"g State Road "unOI']p (Commi'lSloner Coietta'!; request) Meeting Date: 121 ~ 1/2Uo;' S 0000 ArIA Approvl."dBy Jllm6S V. Mudd BO<lrd of County Commisi';ol1ers Count\' Mlt1Hl9"r [Jme Count)' Mana!;ler'~ Offieli t;:1411J1D712 :12 PM ,......., file:! IC:\AgendaTest\Export\94- DecemOel%20 11,%202007\05. o/o20PRESENT A TlONS\5A \.. 12/512007 Agenda Item No. 6A December 11. 2007 Page '1 of 4 COLLIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 14, 2007 Ms. Debbe E. Faunce 13585 Collier Boulevard Naples, FL 34119 Re; Public Petition Request to Discuss Inappropriate Business Practices by a Collier County Licensed Contractor Dear Ms. Faunce: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 27, 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 Agenda Item No, 6A December 11, 2007 Page 2 of 4 "~JtJ~~~:~iP. peti\illm .. " ' "J/8a5f print Mame: 0d:>b<. (~YL<:'-<- Address: / ~ f"~ (" Co {I(~I Sf uP. .;Ua.rk.~ I rl, ;?'-f ({ 7 Phone: 4(;6' :;)..'fo;?-3 Not>. ,;)..7, d-(>()7 D~Clftheij~,M~11lfJ Wu ~sh.to ~ ~ el!Dlein ftIJ.q,.tail1he ~vou'erelBO~tintI:tosD88k t",,".,~1 DQae4f~8Brv): >LL- ~~.J> PI~~e 8lQ;1lain f'!de@flthe.OIJ vou a~ ~8 Gommission,toLtSketattactl @!iditlOnal'!)SQ8 if ~~arv\: ,,' ' .s~C-. ?L~ Agenda Item No. 6A DeGember 11. 2007 '- . Page 3 of 4 Mr. Jim Coletta C<lmlIt'CoRlRlissioner DiStrict #5 October 18,2007 Dear Mr. Coletta, I amMiting toxour~dill8 athcft and fraud that has been colllll)iUed88ainst my family by a licensed CODtractorinC-olli.er County, Carlos Pio of Deco Homes. You may alreadY be aWare ofthi s situlltionas the COntractor has been under investigation by the Economic Critnes'{:/nit, lUld hiSfraudulellt actMtieshave been reported inothe Naples Daily News. UnfOI'tunllteIY, dlJeto the manner in which the law is writtenlUld interp1'et<<l in Florida, Mr. Piowill mostJikely get away with this crime lUld only his 26 victims will suffer. My husband and Icontracted with Deco Homes ill May 2005 to build a guest hOl1se onourI!CQpettyformy70yr old Mother who lived in Idaho. Thebousew~UJ1der IiOOOsq. feetartdtiheCODttactpriee was $83;000;00. The houseincluded all thll upgrlll:les that were in the lIIOdel'home on Pine Ridge Rd. which were listed as wood cabinets, granite COUDtertops, crown molding. etc. Although we were assured that the house would be completed by Decen1berof2005, the construction permit #2005100523 was not issued until December 12, 2005. To shorten a very 10118 and agonizmg story, Deco H0mes started construction in January 2006. Knowingcthatwe were paying calIb, CarlosPio caine to us severaltimes asking for eariy draws sIl that "construction would not bedeJayed~" MymothersmIlhber home in Idaho anticiplltingthemove into her home in December, and was forced to move into our home at I:1585 Collier Blvd. in January 2006. On March 26;2006CarJos Pio asked for $8,000.00 for the tile roofhecontracted through Gulf WeStern Rooting, claiming he did not "currently"bave the funds to pay them and we needed to get the tiles on the roof. We gave him the $8;000.00 and he. paid the roofmg company $1215.00 down ,pursuant to his contract .with.them. On Mutch 13, 2007 GulfWestemRooting threatetied to place a lienoD'oUT home because they were not paid by CarlosPio.; aiKI we were forced to pay them them $8'1 oO~oo directly,after already payio,g the contractor. ..' Weattcmpte4to contact Catlos Pi()/])eco Homes on a daily basis leaving numerous messageswhich\Vere not ~d. The model home was no longer open and we began to realize tluIt the contractor had taken our money and abandoned thejob. We were subsequently notified of several liens on our property by sub-col\tract(jrswhohad not beenpaid by Car!osPiofOr worlc: pmormed on thll guest bouse. We eventuBlly did ~ CarlosPio whoii1formcdustfult,"hcwas goingbankrupfand C(luldnotfinish our constructiOn." Hefunber.toldusthathe could not retUl'nourniQney ashe bad used it on otherco~ctioniD,anetI:011.to "keep afloat" I SUbsequently contacted the Eoonomic Crimes Onitaml spokewUbDetectjve TomMasOOttoandSQt. \Vhite who,jllformedme tbat\'iewere:lof26victimuif'Carlos Pia,' andtbatl\l1(lOrdin$tOlhelawil!:Florida,they tDustProve "iDtent"(lIl the.JII,I1of'the .1 ; '^'~u., ,,,:It. Agenda Item No. 6A December 11, 2007 . Page 4 of 4 <:OIIt~to commit ftawt.. They antiGipate4 t1.lat it ~4. 6'mootJislO a yeIIr to g0 througfttll tbe,paplllWo*" ' . InspealMg with'lIeyendattoro.ey..in the area, we decided that we could nOt a1lbrd toftle a lawsuit amI.complete the .CoftstnlGtion, S<l we contentrated our eff'otts 011 comp1eun8 the 'houseMother Coutct.move in duril1B her lifetilne. OnMay 31,: led*, ~~r8l:Yer paying Carlos Piollnd the su\lcotJlI'allll>. '0VOI' $9 . ;,~ for a SbilIIitbalhad. appRlXimately $30,000,00 to $40;000.00 wort1\ ofwO!i: C0~ed. Xo'datewe have spent approximately $15Q.OOOoOO in an atteIJ1Pt tofinishtbe GOnSti'uction, We purchased and installed prefabFicated kiI:Chen cabiDets ~ tG\1IItel'tQps.from.Hollfe Depot and as QWnerICotIttaGlOr paid retail for.every nail, can of paint, piece-ofwood; awn~ etc, ~ <!:!doot get the product weooritract.ed for. In a week or tWl) we will be applying fot the ceI1tiiic&te.of: oCllUpaney. This bri11j!s me to the iss~ Ineetho'~$CUS$ with you. I have been advised recently thatalth0.I.,bave.jJassed.every..ln$pection simle I'have.taken over as O'wner/Cotttraotor, d\ll'i.ngthetilne CarlQS'Pil> was the ~ he failed 12ln$~_ that must .bepaid for pri6t',to .gelUng,my.c.O. In additiontbere are pem1it fees IInd revisions that must be paid to the.coUlIly due to the delay in eonstrucUon. I can tell you tbat when Carlos Pio wuin,charge, the foundation had to be moved twice IInd my stand alone guest house is'now attached to mY home due to a construction error that had"been inspected and passed by the conntyl Norollly is the attachment unattractive, but came at great expense and caused another delayilt 2006. At this point in time, my husband and I are ladcing funds to pay our lIlOItgase, in an effort to completethe.guest bouse, and we do not have the funds to pay for failed inspections and fees caused by Carlos Pio. Although employees in the county are .aWllIe of our situation and have assisted us in many areas, we were.told that only the County Commissioner could waive the fees for the failed inspections incurred by Carlos Pro and Deco HoI1le8. Mr. Coletta, my husband and 1 have over 25 years in law enfOrcet1lent astbe Deputy Conunissioner of Comctions and the Chief Investigator of Internal Affairs for the State of New Jersey; IInd I do not believe Carlos Pio could get away with this frand in New Jersey. In spealcing10 tbeState Attorney in Florida, 1 learned that there are only 3 states where "intent~ is written iDtothe law for lXlIItractors. There ~y is DO ineentive to hireli~.PDntrl\CtOrS i'n the state of Florida! I ~ve Ilready filed with the DBPR and I am planning to share this:entire travesty with arIy reporter who'~ an interest: My husband continues to comniute from N.J. because we can no 10. aft'oni fot hint to stop wotkil1Bthere due to this situation which is tearing our family apart and causing us severe fllllll1cial diffiOulty. I ant appealing to you to please waive the additional fees so tbat we will not have to delay getting our ceItifil:llte of occupancy. I would be bllPpyto meet wltb you at your ~ence, and provide you with copies of all pertinent piIP,Crwork . Thank you for'your assistance in this 1I1lIlter. . Sincerely, Debbe E. Faunce 13Stls Collier Blvd. ~,ptes, Ft 34119 455"2423 -'<"',y M' . ,-,-,Y,. - -.-------,",'"' ~"._-..."-~.._,~,. ~ Agenda Item No. 68 December 11, 2007 Page 1 of 26 COllIER COUNlY MANAGER'S OFFICE 3301 East Tamiami Ttail . Naples, Florida 34112 . (239) 774-8383 . FAX (239) 774-4010 November 29, 2007 Ms. Vivian Jimenez 1708 Beach Parkway West Cape Coral, FL 33914 Re: Public Petition Request to Discuss Eminent Domain Issues Relative to Property < Owners on Oil Well Road Dear Ms. Jimenez: Pi ease be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 11, 2007, regarding the above referenced b. t ,K' su Jec. ,- -- 4", _,.~._~~..__ ~ 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 Tumer 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, ' " ~~~ County Manager ~ JVMfjb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator --- 2395419855 p.2 Agenda Item . ~ ~ ~~oe 6y~ e.Q&z<aJecem~~~~.,o . Reauest to Soeak under Public Petition VIVIAN JIMENEZ Nov 29 07 03:17p Plaase print (;(u)~/)L~ /1"~J' ~.ed~.h P~A'y F/, Name: Address: Phone: L?~ cz,ac. ~ ~-02S~ ~.3!36D Date of the Board Meetina yOU wish to soeak: A.J ~9/..,t ~/~7 Please exolain in detail the reason you are reauestina to soeak (attach additional oaae if necessarv): ~ 0, 7'i/Io~~ / Please eXDlain in deteR the action yOU are askina the Commission to take (attach . additional oaae if necessarvl: ~ . / 'I /(/)//ewI1!' Nov 29 07 03:18p VIVIAN JIMENEZ 2395419855 Reason for requestillg to speak! I have seen iniustice IIDd disc:rimi:nation_ Injustice due to fBilllIC to implement and agreement (Morales-Galves). On behalf of Oil Well Rd. owners, the county is facing a cost of hundreds of thousands of dollars in addressing the drainage/flooding issues. Issues becll1llle I personally have served as a translator for other property owners on the Golden Gate Blvd., 951 (Collier Blvd), Oil Well Rd., & Everglades Blvd. Roads and the county employee's Ellen Chadwell, Heidi Ashton Cicko and Kevin Hendricks have not liked that I have translated for these property owners that do not understand English and that English is not their native language. In one of the eminent domain county meetings Heidi Ashton menticmed she was married to an immigrant that learned how to speak English, insinuating that all people should learn how to speak English and not need the aide of a translator therefore these county employees .ave not paid me translator fees for the last five cases I have assisted in the preceding month of October 2007. Discrimination because county decides who they want to buy and who they don't, not in all fairness to all tax paying property owners in Collier County. As well as not pay in justice for the acanisitionS" damal!e5. reimbunements for monies spent by property owners and drainaee issues where water will stand on properties after new road is in place. As a realtor and translator for seller Gualberto Morales Galvez owner of property 1110 Everglades Blvd. N Naples. Fl. 34120. I have seen both ofthese issues! If the house in front of my client has been bought out, why should they not buyout as an acquisition for my client only because it's through a real estate contract, negotiated through a lender on a short sale fonn. (Meaning 1be county will pay 3>85,000.00 less than what is owed to the lender) Short Sale a new trend in the real estate declining market. Only because Heidi Ashton said that they did not know this house was listed! When the owner came to me to list his property, he mentioned this home would be demolished. As a professional I could not list this property on the multiple listing service until I fonnd out if this could be boqght as an early acquisition from the county, in speaking to the seller's attorney involved with his eminent domain case, she advised me she would try to get the COlUlty to purchase. When attorney Bella Y. Patel spoke to Kevin Hendricks for an early acquisition on this property, :Mr. Hendricks ordered an appraisal and the appraisal showed much lower appraisal value than what was owed to the bank. The mortgage amount on the home was for $505,000.00, at which point he did not '\>ill11t to pay for that amount. The attorney advised Mr. Galves of this and Mr. Galves advised me. After several days I told the seller one of the ways to resolve his problem was to Nov 29 07 03:18p VIVIAN JIMENEZ 2395419855 p.4 Agenda Item December p -5' negotiate with his bank to do a short sale. The house is sold for appraisal value and not for loan amount. The selling procedure is exactly like every other real estate sale, except there are other issues for the property owner. Mr. Galves thought this would be a great solution and he called his bank and I helped him negotiate this. The lender did an appraisal and said the seller could list this property at $420,000.00. In which I did and advised his attorney Bella Y. Patel of this figure amount. From what I understand she relied this to Mr. Hendricks at Collier County. This figure amount was acceptable to him in which at a later date in time, in one of the eminent domain meetings that I was translating for; Mrs. Palel asked him to draw up the contract so that I Vivian Jimenez may take it to the seller. (as you may see I signed as a witness on the purchase agreement from the county and also the BCC also signed) So in fact Mr. Hendricks did know about this property being sold through a real estate company and was being negotiated through a short sale, only way to sale by a lower value, than what is owed. Mrs. Ashton declares tbatthe county knew none of this! In fuel I think this is irrelevant 10 the fact that the lender would rather sale this house through a short sale dla. rather a foreclosure! Meaning a whole lot less money. Mrs. Ashton decided to really take matters into her own hands and following are all the emalls she has sent attorney Bella Y. Patel, besides contacting the lender and trying to negotiate this sale behind the real estate company, because she could not perceive this lender paying the real estate company a commission! Meaning Vivian Jimenez real estate agent works for free for month's and month's, besides translating for this property owner who speaks no English in which the county will not pay translating fee's either. So you see something as easy as a Dureh_ for current value has been dragged on for weeks and month's now, only to come to an end by Mrs. Ashton in recommending to the BeC to acquire this property at a later time.( When the listing contract is up! I imagine) [ call dlis discrimiDation! And should Dot be tolerated by anyone! [f they buy one house "ey shltuld be able tit buy allofthem, Dot choGSe and pick! Why after months of work, translations back & forth to lender, attorney and county to seller, the county recommend acquisition at a later time when houses that will be demolished for the new Vanderbilt extension have been bought out already. Please allow the purchase lif this property as an early acquisition and allowing the lender to pay for my real estate services, which is half the commission in a normal situation, or have the county pay me as an expert the same amount in aiding the seller to get the lender to sale on a short sale basis. Please see following emails from Mrs. Ashton, Purchase contract and lender approval for commission. I an seeldn~ the Commission to take tbe followioe: actions: 1. PuIchase the home located @ 1110 Everglades Blvd. K. Naples, Fl. O...ned by Gualberto Morales Galves, .Uowing lender to pay listing oommiuio., or having COUJlty to pay my services. Nov 29 07 03:18p VIVIAN JIMENEZ 2395419855 p.5 Agenda Item December 1 Pa Q 2. Allow translation fees to be paid in the eminent domain cases where the property owners have a different native language. 3. Pay adeqllll1C monies to property owners for acquisition, damages, reimburlleme:nts for monies invested in the take and drainage issues where water will slllnd 011 properties or fix the drainage problem. Sincerely, Vivian Jimenez Realtor and Voice, for tax paying property owners. Nov 29 07 03:18p VIVIAN JIMENEZ 2395419855 Agenda It~'~ l\Jo. 66 December 11 2007 Page 0126 Vivian Jimenez ... .--- -- -,,-,,---"---'~~---'----"--'-~---"--- From: ashtDn_h (HeidiAshtDn@coUiergov.net] Sent: VVednesday, November 28, 20074:19 PM To: BellaPatelPA@aol.com Ce: FanisDeborah; reallDlViYianj@earthllnk.net; hanctricks_k Subject: RE: MoreleslGa'- Bella, It will be up to the lransporl8licn departmenl Kevin agreed to $420,000 besed on your representation that the needs $420,000. He is leIIlng me that he would not have agreed tD this amount if it weren't lor this repreeentati lMlen you asked for broker...at approxima1ely $40,000, Kevin tDld you we would not be paying broker fees. e were not aware at the lime lI1eSollrd en18red Into the puR:llase agreement that there was a pending exclusive Ii one agreement. We asked the Bank If they would receive the proceeds out of the sale and pay the broker fee direclly and they _)lJIittm~ _t Colin\}' Attorney (239) 77<H400 phone (239) 774-0225 fox From: BelaPateIPA@aol.CJ)II1 [mailro:BeIIaPatelPA@aoI.com] Sent: Wednesday, NCM!I11ber 28,20072:53 PM To: ashlDn_h; hendric:l:s_k Cc: FarrisDeborah; realorvivil!lnj@earthlink.net SUbject: Re: MoraleslGalves Heidi, Is there anything I can do to save this 3Qreement? If so, please advise. Thanks, Bella Bella Y. Pelel, Esquire law Office of Bella Y. Patel 13026 Waterford Run Drive Riverview, Fl 33569 Ph. a13~3-2762 Fax a13~3-2612 _____._____._ .___ ____.._. _ _... ___ ".._. . __ . _ ...__.. "._ ,..... ,"_"... _._ ____."._ __,". _~ . .__ . .... ___. ..__ .....h.__.. ~_... ...._ ___. _._.. _~~ .,_,_ .._ ---_~__. .".. Check outAOL Money & Finance's list of the t,-oJtl!~! pr_odu~ and top ~ was\:",rs of 2007. 11128/2007 Nov 29 07 03:19p VIVIAN JIMENEZ 2395419855 p.7 Agenda Item o. 68 December 1 ,2007 Page 0126 Vivian Jimenez ---- ,_. --.--- "_._~--' --------.- -- -_. .'-'.- ----..----.--..- --. ---_.--- .'.._- _.. .----,._- _. ----- . .-. -------".. From: ashton_h [HeidiAshlon@coliergov.net) Sent: Wednesday, November 28,2007 12;50 PM To; hendricks_k ec: FarrisDeborah; BelaPIIleIPA@aol.com Subject: MoraleslGalves If you place the executive summsty on the agenda, keep it simple; Considerations: On October 9.2007, the BaIR': .~.101IIld the purt:hae lor $42(l,OOO of a single family home locall!!d at 2.5 acres t the Intersection of Everglades BouI1Ill8n1 and Vanderbilt Beach Road Extension lor the second phase of Vanderbilt B ch Road Extension. Staffwa. mid by owners attorney that $420,000 is the minimum amount thatlhe morl!Jllge hol would accept. Aller execution of !he pUR:baBe agreement by county, tile county staff leamed that the owner executed a exclusive listing agreement dudnglNRl8r's negotiations with staff, resulting in a $14,700 broker fee. Tne bank I receive less than $400,000 aIll!II' pn:nlions and payment of the broker fee. County staff is no longer comfortable ith tbis purchase because all of the coumy's negOtiations were with owner's attorney. The broker was not lhe procuring use of the purchase. Staff recommends not proceeding with the purchase 01 this property at this time. The purch_ agreement terrni1ates Ii>I1 December on December 8, 2007 I Recommendation, That the Bee purchase this property at a iater date. Fiscallmpacl: Funds in the anount of $420.000 pius $10,000 in costs are not expended at this time J{Iii/iJ/.lfitqn-Ci~ Assiolanl County AIIorney (239) n4-8400 phone (239) n~f1Ix 11/28/2007 ~ M A' M:{dp WW/ JIUruCl 7395419655 Agenda ItEffi\! No 68 December''t'1, 2007 Page of 26 VlYlan Jimenez From: ashton_h lHeidlAlllllDnOllOllicIIuov.nsl/ Sent: Tuesday, November 13, 2007 5:15 PM To: BelIaPatelPA@aoI.com Cc: reallllrvivianjGeartlllnltnel; hendricl<lU<; FarrisDeborah Sulljecl: RE: Morales Galves As staled in my pnovious e-mail, our preference is to pay the S10,000 to your trust accoul1t and the $420,000 less oc stamps, recording fees and proratiOl1S directly to the bank. NNi.#ito~ _ilia" CounIr-mey (239) 71_ phone (239) 774-0225 fax FnIm: BelIaPBleIPA@aoIcom fu -......~ PilId>A@aol.com] sent: TuesdlIy, November 13, 2Df17 5:00 PM To: ashlan_1I Cc:: reaitorvivfanj@ellrthlinlc.net Sulrjec:t: Re: Morales Galves Heidi, Regarding the bank taking no less 1han $420,000, the bank must have calculated its closing costs, including com issiora, paid to Vivian Jimenez when giving that ngure to Vivian Jlmlll1ez. Also, it is my understanding that short sales in ve settlements at no lesS than 80% of the mof1gage amount. According to VIVian, if the County approached the bank directly, the bank would stili add on its closing and other costs before quoting a figure for settlement It is my understanding thalthe property owners are behind on their payments; that they are facing foreclosure; th Jimenez approached the bank about short sale, that the property owners authorized her to negotiale wilh the ban their behalf: that the bank informed VIVian that ~ would take no less than $420,000 (which is 80% of Ihe outstandi mortgage); and !hat I brought the Information negotiated by Vivian and provided by Vivian to the County. This is extent of my knoWledge regarding short sale in general and particularly as it pertains to Ihis transaction. Please advise of the course of action 10 take so that we can proceed to closing. ThBflks. Bella See what's n_ at AOLcorT! and ""Ice AOL Your Homepage. 11114/2007 , ..... Nov 29 07 03:19p VIVIAN JIMENEZ 2395419855 AgendalPe~ 0.6B December 1 ,2007 Page of26 Vivian Jimenez From: BellaPalelPA@aol.com Sent: Tuesday, Novanmer 13, 2007 5:27 PM To: realtorvlYianjOear1l1link.net Subject: (no subject) Vivian, Regan:ting MoraleslGalwliz. III is _II, but, the County's charter will not alow them to pay anything otber I n Isl8d in i1s charter, whlcll is doc 1IBmps, etc. If the rest of the funds go to the bank, which, Heidi is saying they at sefld to, do you '-e an agreemenlwith!he bank so that you can get your commission paid from Michelle? PIeese a 'se. Thanks. Bella Seewllafs new at AOL,com and ~AQL Your Hotne[!!!g!!. 11/]412007 Nov 29 07 03:19p VIVIAN JIMENEZ 2395419855 p.10 Afl.'1.!1,J<lJtem No. B oe~ rrtl'lllr 11, 20 7 Page 10 of 6 _,!.!.:._~.!.:-~~~.!!;.l!. I'.U 4t:401;U02 tHSS ~JTiCr..tJi}\ F 1 ~~Gi.. F"r;_~'ttc:_:;.n :.can SerF: CP.S P.O. !lox u:.e Plttsb~rsh. PA :S~~O-l838 ~ctCbe= 25. ~ G~aLoerto Mor<ale;.-Ga_v8Z 111.0 !:vexol..delil Hl'fc N Na,plec F('''' 3412:) ~: Loan NO~ l~,.a04fi33 ?rcpert.y Ad~rea:!' :~~ 10 B.vE":.l'Q.!.ade.~ I~J vd Napl&n FL - J4.120 :)ear Loan Cl.ls-to~lle.r:- I ~his let~ar represents Ln. ~ppro~a: ~y O~r ccmpar~ of a s~o~t pay-a:: on ~h~ lO;L~ r~teren~~ ab~:e. aG5urring all inf.o~~tio~ received {includinq the Hv~~l and estimated cost s~eet} is correct. ~h~ terms cf ~~e~p~an~~ a=e as fol:ows~ >- ~oan must close on O~ before NOV~1aEH :5,~OO!. Fay-c-tf must be re.cE:i vea in our off ice no 2.at&r than !\OVEMBBR le , 2~C7. No ca$h tc ael1er is al~o~ect. Real e$tate comrr,iseic~ ~U$C be nQ m~~e t~an 3.5~_ ?inal closing fi~~es ~u~t b~ faxed t? ~s ~s ~ours ?rior tc c:"1e clcsi:.1.:r. sell ere must wr~te a leeter ~o uS re~~eGti~s that ~l: re~a~n~ 9 escrow funci$ {if app.l ::.cable~ be applie:i. to t.he i.nde::r~:.~d:<:es3_ This include~ any cax aod!oL insuxanc~ refunds. FINAX.l S!Gt~BD Hun -l W..:S't ACC::JMPAlJY PA.YOFF !"t~:uS o~~ otter sa:e Price ray off Ot~~e:r ,s420.000.'JO Net:. les$ t:ha~ $11, Ova 00 OpOn -:locing of the. sa.le. please. p.rovide me wi::h the details of th. clOQing and dis~rsu.en!: of f:..m<1s. L~t901 !!-!PS Nov 29 07 03:20p VIVIAN JIMENEZ ,lOV. " LVUI IU;'~/IM ilceu Illle 2395419855 p.11 NO. O<jJllflda lie No.6B Oecember 11, 2007 Page 1 of 26 ~'i. "-Hoc "-~"IIIIl"'" "-' II!' ..... (11I111) ..,.. 2 tf1D 4OGDIaII1D7 PUAClNE AORIEfoENT ll'Dt r.,pnMIIj 1>1...4'1 T....JlWIlt~ J4....i1\t1tl1T.............. _lIII II. 1-14..., fII ~__ . 2OCI7, br nI ......, lIIIM 10 IK!-'J'- _va, . ...E...... '. ,..... .... II 1110 e_J" ..... NorII, .... a. ; .' .' 41-.6 n ...... · · ....." nI -- I ... ClaUJIrY, . . .' . ", .. .... fit FIadrIa. __ ..... ~ II _1 .,..". .......... PIOdIIaM112 (1_ lII........"I'U,.. -~ ~'"'~il~ ;.":.==1:-..;~-:a~~~"- ,. ...... ...., W' '\"IW:T .. ...... M11I UTA..... 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P' .. . lIIld ....~ R~ ~ 0IlnIIuIUlI durlnl .. 1II1JI.U.n PtllDCIIM* (') lIIIllIIJ ..... "'l!lIUlllmlnt..... ill WaIIClIlG Co! .~-" ......, cz,.. ~_llf ...... ga at . IIMII .. __ at EM ..... --. ..""." (3) lhI ~__ alllilIdobI... pIInl or ptIIt n__~"" .......11I ~ UIIIIW Ii\lOIlIPA ..."'-aDII, IIltUor I') .. ,.,11. _ at ...,. u, . " by _ ... _ _.-.... __L._ ........... ....... _ by _ or put .JIl.boII .. (__I =.., \Ila "c..r..A....... IT n I..." PIIIlI"- ..... .... _ (7) .... .... _L . "tha l.......*n 1'wrl1lCl: (8) naIIy ,.... ~ Jto._"'_"-IIII&__ ---- ---------.-_.-_.~_._--.._-----_.- Nov 29 07 03:21 p VIVIAN JIMENEZ ,lOY. ). lVVI 1~;)'tlWl Meo Illle 2395419855 p.14 NO. .e.~!,~da ire O. 6B tiecember 1 ,2007 Page 4 of 26 "-"-,. _ ...;1t-OM"'CaunIJ'''- Ia ILl J flItI' ..... tII ..., lIIdI ... ~. r _.... _ (Dl tumlIll tD .... . ...., IIIlha In, '1 . ~ ~ 1M DollLlIIJ'I ~UII\ll\ "11II, .... (O)l\IIIIIr .......................elIIW III (IJ....... alllldlhm......... 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III ........1lIlItIh 1nIpaCIfon. e. Al8K Of( L..DIIB _'-"'_IIW_~ 1.-_11I11II' ......_" Nov 29 07 03;22p VIVIAN JIMENEZ ~ov. ,. lVVI IV"~i\IlI /lCCU Illle 2395419855 p.15 . 110. /li:itmda I~m o. 68 r)l\cember 1 . 2007 Page 1 of 26 - _ ......a.-rC""""IM.".... I "",,,' ........ .......... ~ ChlIIIlIInI.... ~ .. ...... -"'*-Y. IIld Ie.' .~ . h _ '11" ..... lIlI1Ile __ _ unII CIoIIlg or _ (I "", .' r '1 r. \011' . ..1' 1I11l1r. ....-1Dr IIIlIIIwr _.... _ ... ally '1' 1m t - 'j,J'. ..,.... ........ ..... :1..-=: ___ ..... ..~ ..... lhI "t" .. I DIIrI _ III II' .. III ........ lllr -,<<'III,..J.L "......,....................._----. 7. ~ a- -...,. MID CDMDITIDfla r:oR n1~ u.... I ~IIV fit IhII ...._._, br _ ..... 01 III IlIOh atlW ...... .."" .... -.... PInII.-...... ...... . .. _ _, ... _ ....... lhI r. Ill. ..,........., Whtah.... .. CIIldIlnt ....llItlllih. 0aIIng: A. WIIIil -. (11) ... ..... .. ... IW'IIlII. I'UnIIoIIw .... alIIoIn . .'. 11II .. 11II ALTA 0IImm...,.. far II/l ewnn TftI. 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"_ . .;i~..~.- , 1 ~~..r r ~.. . , (ID) -'2'J18 'U__ u12 ........ _".,- _. T".I . i=.... TaIal...... i........"..-e .JL.- COMMENI'Se ~.M~I Qj~ ;"tIo ~ ~ ~ ~~ ~. ~~M\~\~~ a"+ ~., ~H \9 U~U, . --I~.~t:f~~. I.W\~~~ . 1 'Cr ~~ MOR'l'AHT~ ill.. 10 .....__...-~. 1>1 ,-"'.... ..: .._........'JIIltT . .. __1II.. . _IoJld.iIIpd,....r.,iol CII'...... I r..-"' Ir...... III" r I --11_"11' -'.....~,.,.........., ...........,- ".~ r . ..""'..,"'....... I .. ..'~I..ltr 1J~_..lIIitln....., .......,.. . '." ''- ........_..- . . __""'_U,s.lIIIiL 'I'IIuIt,.,... Nov 29 07 03;25p .LJ./.e.~1 LUDI VIVIAN JIMENEZ .:l':!;rll CU:Jtlo4~..RloJ." ----_.._._~ TO: U: J'aNn-IIl_..: -3Jcrf FroIu: 1Ida Y. ....... , ',.. Date: 'I, ..... . (lID) 6tS4'7Q 'Fu NDIIIr:{IU) _-., 2395419855 p.21 Agend.a I December Page oolifl 1,2007 1 of 26 IX.LL"""'" I t:.L.. a P1~.... '~'11 C Plcrare nM8w C Par yOlI1' iJlfumllioD Q P......1a Only C a.ialallll fo.Uow via US Mall ,- -. ~,' . Nav 29 07 03:261> ._~ ,; ~ _NEZ CUIII"G lITATI!1IENT CLOUIGl Dlt.lE: . ,......... 2QD7 QtlLL8ItCl:Jdlml',.,...- I!lLM!ft: 1 ~ . ...._ot,..... _Cl.OIlIIG_ RlNACCIUISIiJONMGIl. set.L.Sft~'~~ ........ ATl'l:lOfjEY T.-..AVBIIU:UG: ........ ......",RE .'.,... 2395419855 ~ Oebonth F.n. """"_.. BelaY, Pabtl --~ , $420,000.00 S420.000.DC c..-__ c...,.~ s.M~'" ""-'OI....~ I 28.84 :lDm1loll_~f11'D"""_~"'IllIZQ:iII" $4,024.91 ~..- - --- PNlIM ~_...... --....... - - - - - .2 ...- - ..... ...- .... .... ...- ...- .... - .... ..... .... - QIlIr ~............, c... m.~... o--~-"T.: ,..._IGJ,(lllO.OO) __'-',.,...... ._l;... Jnt.1Z.'11UlII -..~~ -....-.I~ '':i'~'; __ .-CliH''''' ...i'V'- ,..1..'.....,; ~A--~ (.........~ _Y."" ---- so.oo 12,940.00 F,O.C. S413,QOS.25 """- s 42;O.ClOO.oo ----- -- l..-c..,........ -- --- 1eT0000T08LBt $0),000.00 S42D,DOO.OO $0.00 _ SO.OO $0.00 - .....- --- -...... ...- ""-.. ~~ w,,,,_~l~ ......<:1... ...- -.- --"- '~tlIIpIr.Io "-......~ -"'''''''' $2,....50 $0.00 P.O.C. $423,008.25 $4~!51""2 $O.OD SO.OO $0.00 =~ $430,5:28.17 ,o:<.f;;.... ~..,.. $ 134.12 i373.55 $18.50 $0.00 SO.OO so 00 $0.00 $0.00 SO.OO $0.00 $(l.OO sa.DO $0.00 $0.00 S10,OOO,OO S 1Q,528.17 1<120,000.00 $10,52IB.17 $0.00 $430,526.17 p.22 enda Item mber11 Page 2 0.6B 2007 of 26 Nov 29 07 03;25p VIVIAN JIMENEZ 2395419855 A p.23 genda Ilem o. 66 December 11, 2007 Page 2 of 26 " This ExcluSlveRlgIlt of s.1& UIIlila. .~. .. t ("Agreement') Is between 2' GUALBERTO M'~ . ("Seller" and 3- SUN REALTY, LLC ("Brc ..."). . , , AUlliORITY TO SB.L PRO, _ _ ~ __ fio/f1S BroIoer the EXCLlJSIVE A1GI-iTTO SELL the real and psrsonaI property s- (cc1Iective1y"Property'idesai:leclblllow, lIt!hepriceandtermB desatled bebN, begirri-lgthe_dayo;' Y, eo 2007. lrld ;erminating al11:5Qp,m.!he --1- dlIy of JANUARY ...llllIIL ("TerrrireIion Dalej. Upoo U e>reculion a 1 oontract tlrseleand ~... Pltp.illy, iii rgh1s and obligllliclns of His Agrsement wII automaIi~ extend through !he at . !he act.sI cIosirg 01 !he 1Bes00l1QQt. __!r1d Booheracl<ncloMBdge that ,,*,~t does not 9'J8.f8f1Iee a sale. This 9 wi be offered to any penl(lI'l wilhoit regerti to race, coler, religion, _, hMdoap, familal ~ naIlonaI orign or arl\I othar factor 10 pmt!lcIed by _I, BIBIa or local..... SeIer ca1IIIes an;j ,"p.~ ,b, that he/ahe.1t is IegaIy entItied lD convey the Property and aJ ,,~. 12 2. DESCRIPl10N OF PAC. ""_.,, 13' (Ill Reai Property StnlBt ~ 1110 EVERGLADES BLVD. N NAPLES, FL 34120-5116 14' 15' 16" 11' 18' I.' 0 See Attecl1ment ro' (c) OccupanC'/: Proper:y 1:1 is IZl is not currently occupied by a tenant. n occupied. the lease term expires 21 3, PRICE AND T):RMS: The property is cffered for sale on the following terms, or on on,er terms acceptable 10 Seller: 22' (0) Price: -1{;U.J. nri) . fl'1) ro' (b) Financing Terms: III Cash 1:1 Conventional 0 VA 1:1 FHA ::l Other "'. 1:1 Seller Financing: Seller Wi. hold a purchase money mortgage in the amount of $ 25' foHowing t811'1's: "". 0 Assumption of Exisli'1g Mortgage: Buyer mey assume exlsllng mortgage for $ 'l1' assumption fee of $ . The mortgage is for a term of ,.' at an 'nterest rate of % 0 fixed :I variable (describe) "'- Lender approval of SBSumplion ::l is reQL'ired 0 is oot required a unknown. Notice to Seller: You may remain lable for an "" assumed mortgage for a number of years after the Pr:lperty is sold. Check with your IeClder to determile the extent of our 31 labiily. Sell... will ensure that aI mortgage payments and nKJired escrow deposits are CLITent at the time of cIosi'1g d 32 will convey the escrow depoelt to the buyer at c:osng. "" (c) Sell.... Expenses: S8IIer wid pgy mortgage discount or ather closing costs not to 8XCEled 34 purohase price; and any 01her expenses Seller agrees to pay in connection with a transaction. .. 4, BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make dlgent and continued efforts to sell the Pro '" unti a sales contract Is pending on the Property. SelIB1' authorizes Broker to: CST [aj Advertise the Property as Broker deems advisable in newapapers, pubications, comput... networks including the "" Internet and ether rnec:f18; place eppropriate tmnsaction 9i!J1S on the Property, Inducing "For Sale- signs and -Sold- . ns '" (once Seller signs a salas conlmCtl; and use Selin name in connection with rnarkeli'1g or adverlislng the Property; 40 [b) Obtain information I1ll81i'1g to the present mortgege[s] or. the Property. <1 (e) Place the property il a mlJllple listing service(s) (MLS). SeIer authorizes Broker to report :0 the MLS/Asscciation '" Reale"'"' this iistlng infcrmatlon and price, terms and manclng infonnatior. on any resulting sale. Seller authorizes B 43 the MLS and/or Association of Reatto..... to use, license or seI the active isting and sold data. .. (d) Provide objecIive comparetive rTlII'keI analysis nlcrrnati:ln to potential buyers; !r1d ... (e) (Check I applicable) ::J Use a loci< box system to show an;j access the Property. A lock box dces not """,-,,,,the <l6 security; Seller Is acMsed 10 SI!D.IIl or remove valiabIes. Seller 8g!l!l!lS thllt the loci< box Is fer Seller'a benefit a'ld reIeeses '" Broker, parmns working lhrolJlj1 Broker and Broker'a IoceI RaaJIor Board I AsaociBtIon from all iabdity end responstJlty in ... connecli:ln wlth any loss 1hllt OOCIA. Q Wrthhold \IEIllaI oilers. IJ Withhold aI olfern once Seller acceptS a salas cormet .. the Property. so (f) Act as a single agEr.t of SeIer wlth consent to nansition 10 Irar.saction broker. s' 5. SELLER OBUGATIONS: In conBlderation af Broker... obligations, SeRer agraes to: '" (l!ll Cooperate with Broker in CSlTYing out the purpose af 1his Agreement. Including referring Imnediately to Broker aU 53 inquiries regarding the Property's transfer. _her by plEhase or any other means of transfer. 54- __ ~ '--1 <rd e......>'SII.. Au....... '--1 L-.) ackrowIacga recajotaf a copy olltis paga, _ ;s Page 1 of 4 ERS-l~ Rs.. 10106 02006 Ao'id8._ of R6AL1oR.~ All Rlitlts_ Legal D&<=iptJon: GOLDEN GATE EST UNIT 74 S 165 FT OT TR 5 IJ See Attachment 1= I , (b) Personal Property, Including appliances: yea-s begrming in 's Nov 29 07 03:26p VIVIAN JIMENEZ 2395419855 )).24 Agenda Irem No. 68 December 11, 2007 Page 2 of 26 lbl Provide Braker with Ic8ys to1he Properly and 1'1Ilke the Froperty available for Broker to show during reasonable ti (c)lntonn Broker pllor tllleaslng, mortgaging or otherwise encumbering the Property. lei) Indemnify Bml<er anc:i hOld Brok8r harmless from !oases. damages, costs aoo expenses of any natJre, Includhg attomey's fees, ar.d from illbllty to any parson, that Broker incurs because 01 (1) S....... negligence, representations, misrepresentations, actiar1s,arinllClions, (2) j-e use of a lock box. (3) the aodsler.ce of undisclosad material facts the FToperty, or (4) a courtOl"'~""Uillcislon Ihal a brok8r wilD was not con:psnsa:ed in col'llleC!ion w'th a transactio is entitled to compensadol'r".'If. . I r. ThIS clause wIIlllJ1VNe Bnlker'll performance and the transfer 01 title. (oj To perforM any act,."":": . "'''),necessary to comply with FIflPTA ~nternal Rowenue Code SectiOn 1445). If) Make a111~ ~~.., inckJdlng all facts Ihal matBrisIy affect t..... Properl)"s value and are not raedily obseMible or known by ~~,SIIIIet rep_ there 8IIl no materiallscts (building code violations, peoolt1g OIlations, uno~ ~If.: ~iBl!:') other than the iollowing: 50 58 57 58 59 00 61 ... .. 54 ... 118" 6' StlIIerwlH immedilllely~"'" 01 any mllterlal facts that lI'ise after sign'ng this Agreement 58 (g) Consult appropr'ate profIIIsbnalS for related Isgal, tax, property condition. environmental, fore;g' repor.irlg os requirements and other speclaIiZed advice. 70 6. COMPENSATION: SeIIet \Nil eompensate Broker as specified below for procuring a buyer who :s reedy, willing and 71 to purchase the "roperty or any Inlisrs$l r. the "roperty on 1he 1arms of this Agreement or on any other terms aooeptab 7lI Seller, Seller wit pay Brok8rasflllows (plus appicable sales tax): (a) 7 % of the 10tlli purchase price OR S , no 1a1er than the date of closing in the sales contract. HowevIIr, closing is n01 a prerequisite fur Elraker'e fee being eerned. (b) 0 (S or %) 01 the consideration paid for an option, lit the time an option ;s created. n the option is eooercised, Seier will pay Bn:>ker the paragraph 6(a) fee,less the amount Broker recelved under this subparagraph. (cJ 0 ($ or %) ot gross lease value as a leasing tee, on the date Seller enters Into a lease or agreement 0 lease, whichever is soonest. This fee is not due a the Proper:y is or becomes the subject of e contract granting an exclusive rigrt to lease the Pro;>erty, (dJ Bmk.... fee is dua in the 1oIowing clrcumstance6: (1) If any inte1est h the Property is translsn9d, whather I:1f saIa, exchange, gO\l!!lTlmental aclla1, banI<rupIcy or any other means of transfer; reglI'dless 01 whether the bu\'lll' Is secured '::foI 82 Broker, SeDer or any other pl!l9On. j2) ~ Seller Illfisls or fails t:l sign an oller at the price and terms staled in this PGtee B3" defaults on an eolSCUted _ contract or agrass with a buyer to cancel an executed _ contract. (3) ~, wittln ....l!2- ... after Terrr,irWor Data ('1"JOIectiOr\ Paiod1, SeIer tra.'lBIers or contra<t.s to transfer the Property or any interest in the P 85 to any prospecls with whom SIIllet, Bnlfoer or any raaI aalate IIcsnsee corr.rTUl'oatBd regatdlng :he property prior 10 To 86 Date. Ho_, no fae vAl be uBial<llr n the Property is relsWlclaIIer Termination Date and sold through another broker. '7" (e) Retai1ed Deposits: f>.s 00AIidmat1on for Braker'a sarvioes, Broker is enlit1ed to receive 3 % of all deposits th t sa Seller retains as liqc- d!Jr.1ages for a buyer'll defaultln a transaction, not to exceed the paragraph ~ fee. ag 7. COOPERATION AHD 001_. _.SATlON Willi OTHER BROKS\S: Brokers office policy is 10 coopa18le with aU IIC" brokers e.cept when not inSelllt'a beslinterest: 0 and to Oller compensation in tne amount of 3 % of 91- purchase prica or S to Buyer" agents, who represent the interest of the buyars, and not the interest of 92" in a tTll71Saction; :l and to offer lXlmpensation in tlla amount 01 0 % of the purchase price or $ Ill" to a brok8r who'laS no b,......_ rslatlonshlp with the Buyer or Seller; :J and to offer compensation in the amount of ..- 3 % of the purchase price or $ to Transaction brokers for the Buyer; 0 None of the above 95 is ch9Cked, the Property cannot be placed in the MLS.) roo 74 ,.- 16 ". IE ,. '" ., os 8. BROKERAGE RBATIONSHIP: 97 SINGLE AGENT NOTICE .. FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEes OPERATING AS SINGLE AGENTS DISCLOSE TO 99 BUYERS AND SELLERS THEIR DLmES. 1lIl' f>.s a single agent. SUN REAl.. TY, LLC 10' and its associateS owe :0 joOu the following duties: 1(12 1. Deaiing honesty and flWIy; 103 2. Loyalty; 10< 3. Conlidenlialty; 103 4. Obedience; 106 S. FIJI disclosure; 107 6. Accounting for alllunds; 108 7. Skil, care, and diligence h the transaction; 100 8. Presenting aI oilers and ooo.lIloouffmD In a IineIy manner, unless a party has pr<Mously d'ractad Ihe licensee olhelvA... in 11:J wr:ti:lZd 111' Sell... '---JErdE' -. "'" ......L.JL.JacI<t~l8CliptolacopyoftlliSplQl.wtich..Page2o'4Pages EAS-12t'lJ( Rev. 1 ~ 02OOl!l. FIOdCII AIKIctSlfOfl ofRw.~. All Fu;hcs A8senl8d Nov 29 07 03:27p VIVIAN JIMENEZ 2395419855 p.25 Agenda Ite No. 68 December 11, 2007 Page 5 of 26 112 9. ~~ (;;;;.faclsthat ~ ~ I!lI!liCI51tiBI reel proper:y and "re notreedlly ~Ie. Datl8 [ J'i1gnlll... 113" 11' 115 ,~TO TRANSIl10N 10 TRANSACTION BROKER 118 FLORIDA lAW A~:ililj~I:.-"UCEJI'~ WHO MPRESENT A BUYER OR SB.lER AS A SINGLE AG 117 TO CHANGE FROM'A ~Rei.ATlONIlH" TO,ATRANSACIlON BROKERAGE RB.ATlONSHIP IN 118 ORDER FOR THE UCStIB,.,M8ISJ' BOTH PNIJ1E8INA lEAL ESTATE TRANSACTION BY PROVIDING A 119 lBoWTED FORM OF flEI J . .. "It._TO BOTH THE IlUYSI AND THE SEllER. THIS CHANGE IN AB..ATlON ,,,, CANNOT OCCUR Wf1l'lCIU't,'4lUF/PAIOR WRrm5N ..o...sem. 12'- I>s a transactloo Orck8r._,llfSl',:N LLC 122 and Its associales. prOIIidBs ttl)lOu 811mitBd form of rep~ntalion that Includes j,e following duties: ... 1. Dealing hoM81Iy andflilirlj!; , ... 2. AocouMlng for all fw1d$; i '. " ,25 3. Using skiD, care, and. ~ ib i:Ithetransaction; 1>8 4. Olsdooing all krowntlcts lIB rnllIarteIv allect 1hevalueot reeidenlilI real property and are not readIy observable to the 'or 5. Presenting t!l o1Iers and cou""u...~ In a tiroely 1Tllnne:; u_ a per1;I has pIllIIilJulIy diooted the rcensee otherwise In 1<8 6. Umited confidentiality, un15s W8l\Ied In wrting by a party. This imited confidentiality will prevent disclosure that the 129 will accept a price less 1han the ~ng or isted price, that the buyer wII pay a price grnater than tha price submfl1ed i a 130 written offer, of the motivation of any party for seling or buying property, that a sallar or buyer wiH agree 10 iinanc'.,g Ie S 131 olhar than those offered, or of any other information requasted by a party to remain confidential: and 132 7. Any acdltional duties tha: are entered into by ,;,is or by separate wrlten agreement. I 133 Limited represe1fation means trst a buy9r or saller Is not responaibIe ior1he acts otlt1e icensBe. Adcitionaly. parties am \1Vi1g :'If ",. their rights to the undi.-ided loyally of the I::ensee. This aspect <:t li'nited represantation fAr1Ns a icenaee to faciilate a ~ estate 135 transaclion byassisti'lg boIh the buyer!ll'1d the eeIIa; tut a I::enseewil not war1< 10 '''I>''''''' ,[ 0.... party to the detriment of the a at ,,'" party when acting as a transaction broker to both parties. ,I:, ""'1 '_..'~-..~nn.~.......__._..,~~oc..... :: !:s1~0"7 ~~~ __ Sign_ '40 TRANISACTIOM.1lFlOKER NOTICE 14" As a transaction oroker, SUN REALTY, LLC I.' and lis associates. provides to yco.a Iirriled form of representallOl1 that InoIudElS the following duties: '43 1. Dealing honestly and fairly; '" 2. Accounting lor aI fundi; ,.. 3. Using skill, oartl, !lI'1ddlgenoe ~ the transaction: ,.. 4.. DiscIooing allkrown fBclslhlllrralllrialy a/feC:t the ~ of residential.. property and a", not rN:Iy oboorvaI;ie to the ,., 5. F',~,It,g aAoffersa'ldCOlo...J'nin a tinettmamer, unIeE ap!Wty has ~ dredlld the licerseeoth9:wile n 148 6, um~ed ocrldenlia:lty, Uli_ waived In wrlting by a party. This limtted confidentiality will prevent disclOsure the! the alar ,.. will accept a price less 1t1an tha ~ng or listed prlo9, that the b~r will pay a price geater than the price subm~:ed i a '5> wrlllen offer, cfthe motivation of any party for selUog or buying property, 1ra1 a selier or buyerwllagreeto flnanolng t 151 other than those offered, or of any ather intormation requeated by a party 10 reman coniidential; and 152 7.1vrt add~Kloal duties that are entered Into by this or by sepootte written agreement. 153 Liniled represEr1la1ion ITmn9lhat a buyer or seier is not '........ 6ib1& for the acIs of the lcensee. AddlionaIy, parlies ale giving U '54 thair ri\t115 to the undM:led loyeIty of the licensee. This aspect of iniled 1llpI'ElS9'lIa'~ aI..... a ioeneee to faoIIttate a IIllli - 155 tran!!acli:r> by ~ bcthtle tuyer!ll'1d the seier, tut a ioansae IMII not work to represent on9 party to ti"e detriment r:i the 0 155 party when aCh; as tanSBCliln broker t~ ,oopm. ::- Oat1>O-::r; V( {P ~ ~ Signature 1Il> 9. CONDITIONAL TERMINATION: A.t SeHer'll request. lInlker msy agree to condilionalt,l teminate this Agreement. tt 1110 Brok")lldtt""S to condlllonal termination. Seller must sign e withdrawalagreernent. reimburse Broker lor eI drecl expe ses ,.t' S111ot~ L...J _ __- _ L...J L...J ackncwiIdge rllOIIptol aoopy at 1hIs psge, \<hcktlls Page 3 at 4 ERS-12m>< Rev.100fl 02006 __of~ AllRgh::o_ Nov 29 07 03:28p VIVIAN JIMENEZ 2395419855 p.26 Agenda Item o. 6B December 11 2007 Page 2 of 26 'Ill!' inClJ"red In marketing the Property and pay a cancellation fee of $ . 5OO.00plus applicable sales tax. Broker ,"" void the condltlonal terrnlnallon and SeIer wil pay the fee stalBd In paragraph 6(8) less the cancellation fee If Seller tr '.. or contracts to transtar the Property or any Interest in the Property during the time period from the dele of conditionel ,es termination to TEt'I11ination DBle lWId ,Protection Period, WappiicabIe. '66 10. DlSP\JTE RESOI..UfION: l1liI Agr\llJ11ent wlI be <:onstrued U'lder Florida law. All corrtroversies, Claims and other '67 matters In question ~lhe,pertles arising out of or relating to Il1Is Agreement or the breach there:Ji wiD be settlec "ll! attempting ::'lediatlon unc:IlIr the. of the AITUican ArbitrlItion Association or other medirtor agreed upcn by the parti 'Ill Iillgatlon arises out of1tis;.,r, I. ,_It, the prevaling peny wll be entIUed to recover reasonsble attorney's fee6 and costs, ,10 unless the parties agree !hilt .....,._..... be settled by twbItratlon as follows: Arbllration: By iritialing in the space p m- Se'" L-.I L--J, UsIqJ "~e L-.I and Usting Broker L.....J agree 1l1et disputllS not resolved by medletlon '72 be 8IIIlIed by nlMllll blr1cllng.~.. " ':~ In the oounty In which the Property is located In acCXlldancll with the rules of the 173 Amedc8n Arbitration 6 ..5!.t~~vtI00f IIbIlratcr agreed upon by the parties. Each party to any a~]ration or Ilti9atlon '76 flllOt1.d1g appellls and .lIIIlt,f~'iMII1l6Y lis own ~ cosls and el<p8l'19!l8, Including altomay's :-ees, and will equaliy '75 the arbitra1ors' fIleS and.mr' '11.. .. .... 18 of 8t1lillatiOn. '75 11. MISCEllANEOUS: Thle Ajeam!ll1t 1$ binding on Broker's and Seller's heirs, personal repreee:l1atlves, administra 177 SloCC 1 1501'S and assigns.1IJiI!h!II1,IRlItte&llign U,ls AgnIement to 8.'1Other listing 01lioe. Signatulll8. initials and modificatio '75 communicated by f1lcllIrie:lotiI~ as oripnels. The terrn "buyer" as used In this Agreement includes buyers, ,~ t_n1S, exchangors. ojAb , _other catagories of poten1lal or actuel transferees. '!IT 12. ADDITIONAL TERMS: " '8.~ ,..,. THIS WILL BE A SHORT SA . SUBJECT TO CURRENT RTGAGE HOLDER'S APPROVAl AND MAY ,83" HAVE TIME CONSTRAINT . ,... ,.... ,aa- 18i"' laa- 199- '90' '91' '1l2" 'Ill" ,... tll6' - t97' 1- _Cate:O SeIIlID TaxIDNo:___-__-__ tlIl'Teiephone#'s: Horre '>"OO.-~"'.u17 Wor!< ~H.x: ""'" Address: 1110 EVERGLADES BLVD N NAPLES, Fl.. 34120-0116 E-mail: :<)" Date: Saller's SIgnal""" TaxlD No:___- __-__ 002' Teiephone#'s: Horre War!< Ceu Fax: :!<Xl" Acdress: :!O<. Date: '"'1/1 10 1 AultlOo~ Ustlng Asaoctate or Broka': "". Bro.<erage Firm Name: SUN REAL TV LLC ""'. Address: 3757 TAMIAMI TRAIL N. NAPLES, FL. 34103 Telepttone: 239-649-19 'It:J1" Copy rea.me:I to Customer en the day 01 by: CI perllOllai deMlry CI maD a E-ma1 :l facsl . lie. Tho~ _011110 U'1lolj_117u.s.0:d0j_1IIo_~oof,,*,fo""b\'enrmeonolncludhg_locr~ _ SeIer~ L-J.'ld~" J ,,~.. L-J L-J ~.....pt of. oopy of this ;:ego, which il Pag.~ of ~ Pagee eRS'121nx _.10106 DllCOfl __ot~ A1IRighlaFlooeM>d Agenda Item No. 6C December 11, 2007 Page 1 of 6 COLLIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 28. 2007 Mr, Ron McSwiney Executive Director Youth Haven 5867 Whitaker Road Naples, FL 34112-2963 Re: Public Petition Request to Discuss the Youth Haven Campus Expansion Project Dear Mr. McSwiney: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 11, 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 .- Ageltrla ,A Nh. 6C De~~007 Yo:Ja~n S867Whitaker Road. Naples, Florida. 34112-2963 .239-774-2904. Fax 239-774-0801 www.youthhaven.net November 27th, 2007 Via: Hand Delivery and e-mail JamesMudd@colliergov.net Mr. Jim Mudd, Collier County Manager Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 BOARD OF TRUSTEES OFFICERS Patrick H. Neale President Carol B. Boyd Vice President O RECEIVED FFICE OF THE C OUNTY MANAGER Bradford K MarshaU NUV l 8 2007 Vice President and Treasurer ACTION janet F. Gable Secretary Re: Public Petition Dear Mr. Mudd: At the urging of Commissioner Fiala and another Commissioner, we are writing to request that Youth Haven's campus expansion project be placed on the December 11th, 2007 agenda for the meeting of the Board of County Commissioners under "Public Petitions" for the reasons set forth below. The Youth Haven PUD approved in 1989 states in Section 2.05 of the PUD Document: "The property is to be developed over an estimated 30-year time period." A copy of the Cover of the PUD and Section 2.05 of the PUD is attached. The County Planning Department has taken the position that this PUD has "sunsetted" and ignored the estimated 30- year build out estimate stated in the PUD. OUR MISSION Youth Haven is Collier County's only residential emergency shelter for abused, abandoned and neglected children. In addition, we are the community's sole provider of four distinct child abuse prevention programs for area families with important parenting education and family strengthening components designed to keep families together and children safe in their own homes. Last fiscal year alone, we provided services to more than 1,500 children and family members and anticipate that we will serve over 1,850 in our current fiscal year. Within the next several months, we will open the first of two long-tenn residential group homes on campus to provide a more penn anent home for young children who need more structured therapeutic care. Additionally, in response to the increased severity of the emotional and 541554 v_02 \ 000000.0784 Providing continuous core to obused children ond ot-risk families since f 972. Howard L. Crown Executive Member TRUSTEES Mike WAssaad Judith M. Coleman Philip N. Collins Curtis J. Gunther Starling N. Hendricks Sheriff Don Hunter Cath; A. Johnson Susan S. Jones Lynn C. Ladd Thomas M. Moran Terri White Charies J. Wondra HONORARY LIFETIME TRUSTEES Lamar Gable Lavern N. Gaynor Frances Pew Hayes YOUTH HAVEN FOUNDATION David J. Long President C. Ronald McSwiney Executive Direaor Stephen M. Clapp DirectOr of Finance Jamie Wright Gregor Director of Development & Morketing Michael D'Amico Director of Operations Agenda Item No. 6C December 11 , 2007 Page 3 of 6 physical trauma suffered by the children being placed with us, we recently began providing onsite behavioral counseling to all children in our shelter along with families from our prevention programs. The subject of this request relates to our plans to build the community's first behavioral health care center on our campus that will focus solely on providing therapeutic mental health services to children and their families in need of this form of treatment. Youth Haven's Center for Children's Behavioral Health will employ licensed mental health clinicians working in tandem with interns from Florida Gulf Coast University's Department of Social Work and Counseling to provide individual and group behavioral counseling to children not only in our shelter and soon-to-be group home, but also all children in need of mental health care in the community, regardless of their ability to pay. The Center is truly designed to address an unmet need in this community and ensure that all children are receiving the mental health care needed in order to grow and thrive successfully. According to the 2006 Pemberton Report, 50% of the children in Collier needing substance abuse counseling or other therapeutic interventions are not receiving these needed services and 33% of the children needing outpatient therapy do not receive it. By the time these children enter kindergarten, four out of every ten children in Collier are deemed at risk of failure, a pattern that only gets worse with age. Upon opening, the Youth Haven Center for Children's Behavioral Health will be staffed to handle twice as many children than are currently receiving behavioral health services. OUR MISSION DELAYED In October of this year we sought to schedule a pre-application meeting with the County to apply for approval of a Site Development Plan, thus being in a position to apply for a building permit in January 2008. This would have kept us on track to start construction in late spring of 2008. However, we have been unable to move forward with this project because of the assertion by County staff that the Youth Haven PUD has sunsetted and therefore we will need to start at the beginning and apply for a new PUD. The construction plans remain 60 % complete and have been halted because our engineers do not know which way to proceed. We are at least 10 weeks behind schedule. We have in hand over 541554 v_02 \000000.0784 2 Agenda Item No. 6C December 11, 2007 Page 4 of 6 $850,000 for this project, with the balance to be available by the time construction commences. Every day that our community's first Center for Children's Behavioral Health is not open, we are depriving severely hurting children from receiving needed services. With the incredible need in this community for mental care for children and the unsubstantiated red tape reasons given for causing the delay, it's fair to say that young children are the ones continuing to suffer. We ask that you place us on the Public Petitions agenda so that we may move forward to facilitate the opening of this important community initiative. We respectfully request that the County Commission give staff a determination that the PUD has not sunsetted and direct them to work with Youth Haven to expedite the development review process to try to recover some of the time lost because of the delay. Sincerely, ~ <f2~ -m4 Ron McSwiney Executive Director cc: Commissioner Fiala Commissioner Coletta Commissioner Coyle Commissioner Halas Commissioner Henning Joseph Schmitt Bruce Anderson Youth Haven Board of Directors ~ 541554 v_02 \0??oo0.0784 3 I .I' ~ Agenda Item No. 6C December 11, 2007 Pag - - , c. ,.;.:. - , :./ .' ,-- -- c.:; UJ ~ a:: ff ORDINAIlCE It- -l1- All ORDIIlAHca AHDIDIIIlI ORDItWlCS Ia-Z, TIlE CllII_ZH'%VB IClllJJI(J R!lIUU'1'IOJI1I rea TH!: llHIIlCORPORA'.I'ED uu or cou.zza COlIlI'l'r, FLORIDA. BY AJIEIIDIIIG TIle ZOll%IIG ATr.\Il IlAP Jl1lIIIP 50-26-4 sr ,OL\IIGIHC TIlE ZOIIINC CLAlSlnCATIOIf or TIlE KEIlEIII DESCRIBZD IIIW. PROPIK'l'Y PItaH 1IHJ'-5 AlII) I'IID 'l'O , "PlIO". PL.\IIIIED llIll'1' DEYELO_T JaIClllll 101 rotl'1'll ;. . 'lIAVElf. TOil. GItOUP CAJlE rACILXTIES lUID IlU.A'nD IISES . ';,".;IIICWDIIID BOlllXHO. IlEALTII CAllE rAcILITIES. AND :;;; 'RECREA'tIOIlAL USES, rOIl PllCPIK'l'Y LOCA'tED 011 '1'HE t; SOlI'1'H SIDE or WHITAXEIl ROAD APPROlCIHA'l'ELr 3/4 IlIU !AST DF COUNTY 8ARK ROAD IK SECTION 1.7, 'l'OWlfSHIP 50 SotrrH, JtABGE 26 EAB'r, CONTAINING 2A ACJlES, MORE: 011: LESSI AND BY PIIovtOIIIG All zrn:cuvc DATE. WKtRtA$, Wilson, Millar, Barton, So11 , P.ak, Inc., rapr..enting Youth H&v.n, In=., petitioned the Board of County COBal..ioner. to cbanqa the zoninq cla..ification of the harein de.crIbed real propartyr NOW, 'I'KEREFORE !or; IT ORDAINED DY tha BiD.reS of County ~..icn.r. of COlliar COunt~, Florida: .~~rolf ON!:: The %onlnq Cl...lticatlon ot the barein d..cribed real,. ')',.. .... 'n prope.rty located in. Section 17. Town.hip &0 sau~, Ranq. 2~ ;.. . -.., :hat, Collier County, rlarid.a i. chan9ed tra "RMF-6" and ~;.~: .PUO" ~o .pUO", Planftea Unit Oav.lop=ent In accordance Vi~~~, the POD d.OCWIent attac::J'lad hlreta a. Exhibl~ "A" which i. Inccrporatlld herein &n4 by r.t.nJtCe ..dl pert hereot. The OCfic1al Zan1nq AtI.. Map NUmber 50-Z5-4, .. da.cr1bad 1n ordinance 12-2, 1. hereby ...ndad Io=ordin;ly. ,,' ." ..,., ., .- , - ,~ I .- j11 ) c' s!:~rON ,",0: This Ordinance ahall bec~. .tractiv. upon recalpe or notice troa tha Slcret.ary Clf Stata that thi, Ordinance hi. been tiled with the Secretary of State, DATE. 10RO BOARD or COUNTY COKKISSIOHERS COLLIn COUNTY, FLORIDA .... d.//.D 1:".t.~'U~T 'R :,~;..tU ~t.'., A'rJ'ZST: ('~". . :"~S o. 'ClI:ESi':',CLERX ;:;" '.;~ ~.~ --' - ., . . _ .". ~ '''''If whh tWI Ai~V!;~,AS '1'0" AND l.EGAL surFtCIEHCr~~~ .." :'.' ........._.~--;:; -. ~. u; nl. kt .J,~rt ., . ~s M. STil'OEHT .......fUV. ..~V UaIS AJf'1' COUNTY AT'%'ORJfEY ......... . 8UR~ L. SAUNDERS, CHAIRMAN 1l.-11-19C ZONING aROIIIANCE AIlENOMZII'tS 1011 005 pm 17 .. . Agenda Item No. 6C December Pa ~~..uB.~.SUI~~g I&C'JIIOll 11 UOJEC1' DEVEt.O,lI&ll'f 2.01 l'll1lPO.. The purpo.e of this ,.~tlcn 11 to 9lft.rllly d..crib_ tb. plan of th. dev.lo~nt an4 d.lineatt the 9rn.ral condltlonl thlt viii Ipply to tho projoct. 2.D2 aarlIlllL.LU 0' Dcnt.OPllarr HIVln 11' plannld coaaunlty lncludln, a .ixturl of caee, fe.ldlntlal, rlcr.atlonal. conl.tv.tion, and .anlg..tnt-related faciliti... Yout:.h' group ....t..r: 2.D3 ~ DIIS &xhlble .A-, the Plannld Unit DRvelepa_nt K..t.~ Plan, contain. a au""Y of tbe lntende~ land us. typa., vtth approxi.ate acr..". and I key to the various typ.. of faciliti.s.The arrant..,nt of tbl.e lan4 ule and rlclllty type. Is aDovn on Exhibit RA-, ChIR,t. and varlationl in d.. 19ft and Ice..,.. ahall b. plraltte4 at final d..19ft to Iceo.odlt. topography, v.getation, and other ~lt. ccndltlons. The Iprcific IDeatIon, li%e, and a..lga..nt of taellitll' th.r.to shall b. deteralned at th, tl.' of detail.d .it. dlvelop..at plannin,. 2.04 .IOJler DEKI%:T Thl total acr..gl of the Youth RaVIn Planned unit Dlvllop..nt 1. approxl.at.ly 24.0 acr'.. Sine. -f.-ill..- in the conventional ,Ina. do not ,..1d. in the Youth Xav.n projlct, population dlnaity aball bl li.it,d to tin childr.n par ace. pluI Itaft adult. a. n.c....ry or required br llw. 2.D5 DBVEt.O,1lBft lEOIIINCI l\IIIl SCIIBllUt.1 The .ppllcant ka. not ..t -.tI91'- for the d,vIlop..nt of the property. ~h. property la to b, dlv,loped ov.r .n ..tlaat,4 3D-year-tl.. plriod. 2-1 1_ 035n<t 23 . t...--'" Agenda Item No. 8A December 11, 2007 Page 1 of 147 EXEClJTIVE SUMMARY PUDA-2007-AR-1l283 Wing South, Inc., reprcsented by Hcidi Williams, AICP of Q. Grady Minor and Associatcs, P.A., requesting a PUD Amendment to increase the number of single-family dwelling units from I I units to a maximum of 16 units by increasing Single-Family Residential (Tract B) from 3.7 acres to 5.68 acres and rcducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres in the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49. The sub.iect property is located on the north side of Rattlesnake-Hammock Road (CR 864) approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida OBJECTIVE; To have the Board of County Commissioners (Bee) consider a request felr an amendment to the ShadowWood Planned Unit Development (PUD) to increase the number of single-family dwelling units from II units to a maximum of 16 units. fhis will be accomplished by increasing the Single-Family Residential Cfrael B) from 3.7 acres to 5.68 acres and by reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. To maintain the community's interest as well. CONSIDERA nONS; The purpose of this petition is for a minor amendment to the 168. H acre ShadowWood PUD, Ordinance Number 82-49 (originally approved on July 13,1982) to allow the reallocation of 1.98 acres from Tract C, the Private Air Park district, to Tract B, the Single-Family Residential portion of the PUD, in order to add 5 single-family units to Tract B. The additional dwelling units would increase the overall maximum number of dwelling units in the PUD from 569 to 574 units. Tracts Band C are the only portions of the ShadowW ood PUD that would be affected by this change to the PUD. The proposed amendment also requires a revision to the PUD Master Plan to reflect the change in tract sizes. This amendment proposes to slightly increase the density and to slightly reduce the intensity of the currently approved PUD. This amendment does not propose any change that would affect environmental, buffer, drainage, transportation or circulation issues. No deviations from the Land Development Code (LDC) are being sought with this amendment. . FISCAL IMPACT: The requested amendment of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion ofthe existing land will be PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 Bee Page 1 of 8 Agenda Item No. 8A December 11, 2007 Page 2 of 147 developed and the new development will result in a minor impact on Collier County public facilities. The County collects impact fees prior to the issuance of building pemlits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Othcr fees collected prior to issuance of a building permit include building pemlit review fees and utility fees associated with connecting to the County's water ancl sewer system. Please note that the inclusion of impact fees and taxes colleCled arc for intomlational purposes only; they are nol included in the critcria used by Statf and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP); Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District. Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map (FLUM). Within this designation, and in accordance with the Density Rating System and the Density Reduction provisions of the Futme Land Use Element (FLUE), a base density of four (4) units per acre is permitted, with the caveat that since the subject property is located within the Traffic Congestion Area (TCA), one dwelling unit per acre is subtracted from the base density, thus yielding a total of three (3) units per acre that is permitted for the subject PUD. The ShadowWood PUD was approved on July 13, 1982 by Ordinance 82-49, with a maximum gross density of 3.6 UIlits per acre. Furthermore, right-of-way was dedicated from this property for the widening of Rattlesnake-Hammock Road. Consequently, via Policy 5.10 of the FLUE, the existing gross density of 3.6 units per acre is deemed to be consistent with the FLUE based upon an exemption application approved pursuant to the Zoning Reevaluation Program adopted by Ordinance 90-23. Originally, staff determined that via Policy 5.1 of the FLUE, properties that were approved for commercial and residential uses prior to the adoption of the GMP in 1989, and which are also consistent by Policy pursuant to Ordinance 90-23, such as the subject PUD, may be allowed to increase the amount of dwelling units as long as there is a reduction in the commercial area so that the overall density and intensity of the development is not increased. This determination was based upon the former FLUE Policy 5.1 ~ that which existed prior to Policy 5.1 being amended earlier this year as part of the Evaluation and Appraisal Report (EAR)- based amendments to the OMP. Density in the existing PUD was approved prior to the adoption of the Density Rating System of the FLUE. Said density was calculated by taking into accoUIlt the Multi-Family Residential PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 Bee Page 2 of 8 Agenda Item No. 8A December 11, 2007 Page 3 of 147 portion of the PUD (tracts A and E), the Single-Family Residential area (tract B), the entrance road, and the Private Air Park District (tract C) of the PUD Master Plan and which was approved for non-residential uses. The Density Rating System of the FLUE states that acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project. The commercial area (tract 0) was originally excluded from the density calculations. Originally, statf had determined that the Air Park (tract C) should be viewed as a commercial use and excluded from density calculations. In this regard, and taking into account only the residential uses of this development (residential tracts and roadway), the proposed additional density into tract B, from 11 to 16 dwelling units, and the addition of 1.98 acres into this tract, would result in a reduction of the overall density of the pu~: Approved (existing) pu~ density: 569 du 7 157.8 acres [113.3 (tract A and E) + 3.7 (tract B) + 37.8 (tract C) + 3.0 (entrance drive), and exclusive of Tract D, the commercial tract] = 3.6 units/acre Approved (existing) PUD density exclusive of the non-residential use (tract C), in addition to excluding Tract 0: 569 du 7120 acres [I 13.3 (tract A and E) -, 3.7 Itract B) + 3.0 (entrance drive)] = 4.74 units/acre Proposed PUD amendment density exclusive of the non-residential use (tract C). in addition to excluding Tract D. with conversion of 1 .98 acres to Residential tract. plus addition of 5 dwelling units: 574 du -, 12] .98 [113.3 (tract A and E) + 5.68 (tract B) + 3.0 (entrance drive)] = 4.7] units/acre Conversely, part of the request is to subtract 1.98 acres ii'om tract C, the Private Air Park District, which has been developed as the airplane runway for the development. Said tract allows for non-residential uses, therefore, it was originally determined the request would reduce the overall intensity of the PUD (4.74 units/acre - 4.71 units/acre = 0.03 units/acre reduction. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning and Land Development Review Department's staff as part of the total review of the petition. The original conclusion was that the amendment to the ShadowWood PUD could be deemed consistent with the FLUE via Policy 5.1. Revised Review & Analysis At the ccpe hearing on September 20, 2007 staff recommended this petItion be found consistent with the FLUE per the above analysis. Nonetheless, staff became uneasy with that recommendation based upon its review of the new, EAR-based Policy 5.1 while at the cepe hearing. Subsequent to the cepe hearing, staff further reviewed this petition in light of new Policy 5.1 and changed its recommendation to one of this petition not being consistent with the FLUE. This reversal was not based upon the cepe recommendation or any other external factor, though the cepe questioning of staff highlighted the consistency issue. PUDA-2007 -AR-11283 ShadowWood PUDA November 13, 2007 Bee Page 3 of 8 Agenda Item ND. 8A December 11, 2007 Page 4 Df 147 Though Tract C, Private Air Park District, does allow - and is developed with - non-residential uses, staff does not believe it equates to a commercial or industlialland use such that the acreage of Tract C should be excluded from residential density calculations. Also, new Policy 5.1 (see below) contains no provision to "conveli" non-residential use to residential density. New FLUE Policy 5.1 ; Policy 5.1: All rezonings must be consistent with this Growih Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Descliption Section but have nonetheless been detennined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned propeliics, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded ill the new wning district. The foregoing notwithstanding, ,;uch commercial properties may be approved le)r the addition of residcntial uses, in accordance with the Commercial Mixed Use Subdistrict. though an increase in overall intensity may result. A zoning change of such commcrcial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Futme Land Use Element. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity 0 l' development allowed by the new zoning district does not exceed that allowed by the existing zoning district. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Based upon the above revised analysis, staff concludes the amendment to the ShadowWood PUD may not be deemed consistent with the FLUE. However, IF the BCC should disagree, staff PUDA-2007-AR-11283 ShadowWood PUDAæNovember 13, 2007 Bee Page 4 of 8 Agenda Item No. SA December 11, 2007 Page 5 of 147 would suggest the BCC base its consistency finding on Tract C being deemed as an industrial land use rather than a commercial land use, and rather than determining this amendment is consistent via Policy 5.1. Transportation Element: The Transportation Division has reviewed the amendment request and deemed the ShadowWood PUD Amendment is consistent with Policies 5.1 and 5.2. of the Transportation Element of the Growth Management Plan. AFFORDABLE HOUSING IMPACT: The existing PUD does not contain any provlsions for aft()rdable bousing units or financial contribution for such. The applicant has not offered contribution to onset the development's impact on affordable housing. ENVIRONMENTAL ISSllES: Environmental Services stafT reviewed this petition and detennincd that the proposed amendment will not have any impact on environmental issues. Similarly the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. COLLIER COllNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Commission Chairman questioned the Comprehensive Planning Manager about the consistency of this petition with GMP Policy 5.1. The Comprehensive Planning Manager explained that this PUD amendment is consistent by principal and that the original GMP Consistency determination was based upon the reduction in intensity and density. (GMP Policy 5.1 was amended in January of 2007). The Air Park Tract "C" was viewed as a non-residential use in order to arrive at this conclusion. The Commission Chairman stated that in the LDC an airpark is considered an Industrial or a Business Park use. The Chairman also reiterated the GMP Policy 5.1 language which states: "For such commercially zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity 0 f commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial-zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element." The Comprehensive Planning Manager responded that if a strict reading of the current GMP language is applied, then this petition would not be consistent with the GMP. The Air Park tract is not a commercial use. The Chairman expressed his concerns that if this PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 Bee Page 5 of 8 Agenda Item No. SA December 11, 2007 Page 6 of 147 tract were considered a commercial use for residential density calculation purposes, then it might also be considered commercial for a future commercial conversion. The Chairman further explained that he is not concerned by the proposed addition of the 5 single family home lots within this PUD. However, the Chairman is concerned by the inconsistency of this petition with the GMP and the potential for what approval of this petition might lead to for this and other projects. The Commission Chairman motioned for denial of this petition based upon its inconsistency with the GMP and Rezone Findings I and 12, and PUD Finding 3, all of which relate to conformity with the GMP. The motion was seconded. The Collier County Planning Commission (CCPe) voted 7-1 to forward to the Board of County Conunissioners (BCC) this petition with a recommendation of denial. LEGAL CONSIDERATIONS: This is an amendment to the existing ShadowWood PUD (Ordinance :\10.82-49) which proposes to add five single-family residential dwelling units. This proposed amendment is quasi-judicial in nature. As such the burden ['alls upon the applicant for the amendment to prove that the proposal is consistent with all ofthe cntcria set ['mih below. The burden then shifts to the Board of County Commissioners (BCe), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. fbis would be accomplisbed by finding that the amendment docs not meet one or more of the listed criteria. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of'this type shall be made on(y afier consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies ofthe Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. . PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 BCC Page 6 of 8 Agenda Item No. SA December 11, 2007 Page 7 of 147 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider; Confomlity with PUD regulations. or as to desirable modifications of such regulations in the particular case, hased on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements ofthe Grow1h Management Plan'? 10. Will the proposed PUO Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries arc illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? PUDA-2007-AR-11283 ShadowWood PUDA November 13, 2007 BCC Page 7 of 8 Agenda Item No. 8A December 11, 2007 Page 8 of 147 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of 5pecial privilege to an individual owner as contrasted with the public welfare. 21. Arc there substantial reasons why the property cannot ("reasonably") be used 111 accordance with existing zoning? (a "core" question...) 22. [s the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County lor the proposed use In districts already permitting such use, 24. Consider: The physical characteristics of the property and the degree of site alteration whid1 would be required 10 make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider; The impact of development resulting from the proposed PUD rezone Oil the availahilitf' oIadeqllate f'lIhlicfilcilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code eh.l 06, art.! fj, as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny PUDA-2007-AR-11283 ShadowWood PUD amendment. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning and Land Development Review PUDA-2007-AR-11283 ShadowWood PUDA November 13. 2007 BCC Page 8 of 8 Item Number: Item Summary: Meeting Date: )>rcpllred R)' "~,;n~\-' Gundlilcll '::Qmmuni1y OevelOpmcnt f. !;'n"imnmenlal;;er"ic",. Page10fl Agenda Item No, SA December 11, 2007 Page 9 of 147 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8fl :his Item has been continued indefinitely fhis Item mquires that all participant~ be sworn in 8M ex parle disClosure he provided by CommiSSion members H,is item continued I'om lhe l~ov8mbe; i3, 2007 BCe Me"lliI19_ PUD/I-,-2007-AR-1'!283 (NGl '/\/lng South Ine, mpreserHed by Heidi Williams, !\IC? 01 Q Grady Minor and Associates, PA, requesting an ,W1ei'ldm8nt of tile ShadowWood Pianr,ed Unit Deveiopment IPUD) Ordimmce No 82-48 to 'ncrease i',," 11lImhm of single fall11!y dwelling lInil~' lrom 11 UCllt~' \0 ~ mflXlrnUITl cl lEi units IJY 'ncreaSlng Hw Slnq!;:' Farnlly Resrdential {Trac.t ~r, from:] --; acres w ~:' G8 ilcres and redl!crnq the_' asreiVle of ilie "'"vate Air Park llistflC' (~ract C) flom 37.(1 acr8~; W ~,[;132 acres. Tile "uDjecl prQpmlv IS locaWd a!()nr~ thfJ norm side of F'i8i1iesllake-Hwmnocf: "oM ClpprCXlmately rJrlIO m,le west of Golller Boulevard (C~' 9S1 j, r1Or(I,eas1 of tile l'lterseCllon of '<<lttle~;nl1ke-Harllm(Jck i;")ild wlr; Skyway Drive III Sectior, '6, Town~,rllp 50 Suuth Rallge "'{ East >>Iile'- (";ountv, F:I;mda !/: 1/20: 7 S:OCU:.'!~M i'l'InGir~1 Ptannp" I'''tfr Z."I~lng r. Land DlOvelopmeflr R",""w 1\112212f1lJ71:20:12PM Approved lly F:xU~lJti" ' Sccr"t~'y [Jat., "'Im""u Stliw"rt '\ppr(lved By ", 'nm'-",i!\, [)(~\',:,I"u' '''''1< 8. COfllnlU"'!" De '"-,I,-,,:<"""'i /}. E_,wlron",cl1ui ~~"'r'.'!ic!'<: [nv,mmn€-nl;l' ~"(':"'I;(;I,'" 1\" ""I', . 0:,~:D201j'i ,,~! "Hj~,' "'ur9 O"J"rniio"siJ,i',;;ivo" :;~!( ~"",'r'H"itv L""I "rnJO'w'" K '~:{,n,,"U'rit', [)p\'(dopr7lent;, b""'Cl1m",lIaIS',;rvl(:(", ;:rwlr"n~-.enl:al S"''-\I"",,,,Adll,in '1I,'nr!!'17 ',,,Pi,; T,;>n5pClrt,;!W"P,\II$lon t~Cim,r"o[rnt(ir f)"t." i\ppr"ved By I\I"',-n FO,l'ed..r,t\ICP 1 "m-I~p0rtajjo" E,(-)rvlcc~ Trilnspartal,on Servic""Adrnin 1lii2JI2007,):25AM ChiefPlan,wr Oat<:; Approvetl By Pal' b"iiOw;\ Community Developmenl I> EnvironmentalServictls Zoning &. L,and Oevelopmenl Review 1012312G075:10PM Zoning & Land Development Director Date Approved B) Susan Murray, AICP Community Development & Environmontal Servi~es Approved By Zoning &. land Devolopment Review 101241Z0071:55PM Joseph K. S~hmitt Community Development & Environmental Services Community Development &. Environmental Services Adminslrator Date Community Development &. Environmental Servlce~ Admin 10129/20073:38PM Applications Anaiy$t Date Approved By OMBCoordinator AdmitlistrativeServices Information Technology 11/28120071:11 PM 6udgeIAna!y&t Date Approved By Mark iFiackson COuntl'Milnager'sOftice Office 01 Management &. Budget 11129120079:18AM County Mllnager Date Approved By JamesV. Mudd Board of County Commissioners County Manager's Office 111301200110:54AM filc://C:\AgendaTest\Export\94-Dccember%20 11,%202007\08. %20ADVERTISED%20PU... 12/5/2007 AGENDA ITEM 8-H Agenda teni'No."8A December 11, 2007 Page 10 of 147 Co1N:... County --- ~ ~ l1-- ~L,", !IlF~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: SEPTEMBER 20, 2007 SUB.JECT: , PETITION NO; pUDA-2007-AR-11283, SHADOWWOOD PLANNED UNIT DEVEI,OPMENT (PUD) APPLICANT/AGENT: Mr. Jim Kaiser Wing South Inc. 4 130 Skyway Drive Naples, FI, 34 112 Ms. Heidi Williams, AIel' Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) eonsider a proposed amendment to the ShadowWood Planned Unit Development (PUD) to increase the number of single family dwelling units from I I units to a maximum of 16 units by increasing Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. GEOGRAPHIC LOCATION: The ShadowWood PUD is located on the north side of Rattlesnake Hammock Road, approximately one mile west of Collier Boulevard (CR 95 I), northeast of the intersection of Rattlesnake-Hammock Road (CR-864) and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (See the location map on following page.) PURPOSEIDESCRIPTION OF PROJECT: The purpose of this petition is for a minor amendment to the 168.1010 acre ShadowWood PUD, (originally approved on July 13, 1982) to allow the reallocation of 1.98 acres from Tract C, the Private Air Park District, to Tract B, the Single-Family Residential portion of the PUD, in order to add 5 single-family units to Tract B. The additional dwelling units would increase the overall maximum number of dwelling units in the PUD from 569 to 574 units. ShadowWood PUD. PUDA-2007-AR-112B3 Saplamber 20, 2007 eepe Page 1 of9 Agenda Item No. SA December 11, 2007 Page 11 of 147 Tracts Band C are the only pOltions of the ShadowWood PUD that would be affected by this change to the PUD. The proposed amendment also requires a revision to the POO Ma5ter Plan to reflect the change in tract sizes. This amendment does not propose to increase the density or intensity of the currently approved PUD. In addition, thi5 amendment doe5 not propose any land use change, or any change that would affect environmental, buffer, drainage, transportation or circulation issues. No deviations from the Land Development Code (LDC) are being sought with this amendment. SURROUNDING LAND USE AND ZONING: NOlth: a future right of way reservation tract of "Naples Heritage Golf and Country Club PUD," a golf course residential community (density of 1.43 units per acre) and undeveloped land with a zoning designation of A. East; preserve areas of "Naples Lakes Country Club PUD", a golf course residential community (density 1.67 units per acre) and undeveloped conservation land within "LASIP Conservation Area PUD." South; Rattlesnake Hammock Road (C.R 864), then undeveloped parcels within "Lely, a Resort Community, Development of Regional Impact" (DRI) (density of3.5 units per acre). West: Single-family dwellings, multi-family dwellings, and vacant land, with zoning designations of RMF-6, RSF-3, RSF-4 and A with a special treatment overlay on a small pOltion of the area 6.0010 acres . l!'il!~, , ~It! ~ .~~',il\,~ AERIAL OF SURROUNDING SHADOWWOOD PUD LAND USES ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 CCPC Page 2 of9 <(r--"- 0007 O~ ON_ Z .0 ~N ;:::",.......,...... CBWCLl =::::..0 en "'~'" "D~o... Cw <D<D .;fD "~_M__~"''''~'''_''"'~''''N''8'''_''__''', 9 ! g l " , .---.----.. I -, ,i' --:ri-j~-- ,~ !. I I -~"-"--II- --1- J-- _II~I_~.. , , ....,1 _ ~, < ~ - -- ~ -l---' - --j B---- .! 1 _ --- ~ ,<(. I , " ~ ~ l j,j =:J I !< . , ~! ~ f, ,~ d 01 "I ! i . ~ -""",,>> "''' . a.. <( ~ r Cl z - z 0 N , ~ !. . u ! , 1 ~ I I I t '<, ~. ", I r -1" "0>0,, ~ '.i ! ~ ----r I II' I L~:e Jll'''Q<!ON /_-~ I -t-- s~ [;) i- .. <1 ,.- 1 . ,- I ~K i , 'li~ . ........"""" 11'1I'11'0 " , , ! ~i ~ , '! Ii , '" '" N ~I .:.1 0, :;1 . o :;, .. '" z o !:: ~I a.. <( ~ z o I- <( U o ...J Agenda Item No. SA December 11, 2007 Page 13 of 147 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is located within the Urban designated area (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM). Within this designation, and in accordance with the Density Rating System and the Density Reduction provisions of the Future Land Use Element (FLUE), a base density of four (4) units per acre is permitted, with the caveat that since the subject property is located within the Traffic Congestion Area (TCA), one dwelling unit per acre is subtracted from the base density, thus yielding a total of three (3) units pel' acre that is permitted for the subject PUD. The ShadowWood PUD was approved on July ]3, 1982 hy Ordinance 82-49, with a maximum gross density of 3.6 units per acre. Furthermore, right-of-way was dedicatcd from this property for the widening of Rattlesnake-Hanunock Road. Consequently, via Policy 5.10 of the FLUE, the existing gross density of 3.6 units pCI' acrc is dcemed to be consistent with the FLUE based upon an exemption application approved pursuant to the Zoning Reevaluation Program adopted by Ordinance 90-23. Additionally, via Policy 5.1 of tllC FLUE. propelties that were approved fo!' commercial and residential uses prior to the adoption of the GMP in 1989. and which are also consistent by Policy pursuant to Ordinance 90-23, such as the suhject pun, may be allowed to increase the amount of dwclling units as long as there is a reduction in the commercial arca so that the overall density and intensity ofthe dcvclopment is not increased. Dcnsity in the existing PUD was approved prior to the adoption of the Density Rating System of the FLUE. Said density was calculated by taking into account the Multi-Family Residential portion of the PUD (tracts A and E), the Single-Family Residential area (tract B), the entrance road, and the Private Air Park District (tract C) of the PUD Master Plan and which was approved for non-residential uses. The Density Rating Systcm of the FLUE states that acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project. The commercial area (tract D) was originally excluded from the density calculations. Now, staff has determined that the Air Park (tract C) should be viewed as a commercial use and excluded ii'om density calculations. In this rcgard, and taking into account only the residential uses of this development (residential tracts and roadway). the proposed additional d,msity into tract B, from 11 to 16 dwelling units, and the addition of 1.98 acres into this tract, would result in a reduction of the overall density of the PUD: Approved PUD; 569 du + [113.3 (tract A and E) + 3.7 (tract B) + 37.8 (tract C) + 3.0 (entrance drive)] = 3.6 units/acre Approved 1'00 density exclusive of the non-residential use (t.ract C): 569 du + [113.3 (tract A and E) + 3.7 (tract B) + 3.0 (entrance drive)] = 4.74 units/acre Proposed PUD amendment: 574 du + [113.3 (tract A and E) + 5.68 (tract B) + 3.0 (entrance drive)] = 4.71 units/acrc Conversely, part of the request is to subtract 1.98 acrcs from tract C, the Private Air Park District, which has been developed as the airplane mnway for the development. Said tract allows for non- ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 CCPC Pa9a4019 Agenda Item No. 8A December 11 , 2007 Page 14 of 147 residential uses, therefore the request would reduce the overall intensity of the PUD (4.74 units/acre - 4.71 units/acre = 0.03 units/acre reduction). Via Policy 5.1, dwelling units may be added to this PUD because the amendment also proposes to reduce the intensity of the overall PUD. Therefore, staff concludes the amendment to the ShadowWood PUD may be deemed consistent with the FLUE. Transportation Element: The Transportation Division has reviewed the proposed amendment and finds the following: The adjacent roadway network has sufficient capacity to accommodate this project throughout the five-year planning period. Rattlesnake HanmlOck Road has a service volume of 3,200 trips, with a remaining capacity of approximatcly 2,437 trips between Polly Avenuc and CR-951; and is cun'ently at LOS "B" as stated by the 2006 AUIR. Improvements of roadways adjacent to Rattlesnake Hammock Road are scheduled for completion in January 2008. This includes alignment of the interscction of Skyway Drive and Grand Lely Drive at Rattlesnake Hammock Road. The intersection willromain unsignalized at this lime. The proposed dovelopment pl'Oduces 3 PM peak hour, peak direction trips which represent less that a .01 percent impact, therefore the project is consistent with Policies 5.1 and 5.2. of the Transportation Element of the Growth Management Plan (OMP). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.B.B.5 and IO.03.05.H of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staffreport (See Exhibit A and Exhibit B). Environmental Review; Environmental Services staffreviewed this petition and determined that the proposed amendment will not have any impact on environmental issues. Similarly the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Planning Review; Transportation Plaming staff has reviewed this project and is recommending approval of this amendment subject to the following stipulation; The developer shall pay his fair share of the intersection improvements at Ratllesnake Hammock and SkYway Drive currently undergoing construction as part of the Rattlesnake Hammock Widening project. Payment shall be requiredfor six "P.M Peak Hour" trips prior to the issuance of the final certificate of occupancy for the newly constructed homes. Utilities Review: This project is located within the Collier County Sewer District boundary, and shall be subject to application for and conditions associated with a sewer availability letter from the Collier County Utilities Division. This project is required to comply with Ordinance 2004-31. ShadowWood PUD. PUDA.2007-AR-11283 September 20. 2007 CCPC Page 5 019 Agenda Item No. SA December 11, 2007 Page 15 of 147 According to the GIS, there is an existing 20-inch water main and 20-inch force main along Rattlesnake Hammock Road. Emergency Management Review: The ShadowWood PUD is located in a Category 3 HUl1'icane Surge Zone which requires evacuation during some hurricane events. The addition of five residential units has minimal impact. Therefore, the Emergency Management Department has no issues with approval of this petition. Zoning Review: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (PUD amendment) is approved, and to the requirements or limitations set forth in the FLUE of the GMP, The proposed change as noted previously is minor - to add tlve single-family dwelling units to the PUD by transfel1'ing 1.98 acres from Tract C (Private Airpark District) to Tract B (Single-Family Residential). As noted in the GMP discussion, this PUD was approved prior to the adoption of the GMP, and has thus been deemed consistent by Policy if the overall density or intensity of use is not increased. When the ShadowWood PUD was originally approved, it was already determined that the u~es should be compatible with the land uses that have been developed or would be dcveloped on adjacent tracts. As discerned from the aerial photograph, the smrounding zoning discussion and the Master Plan, the ShadowWood PUD is already developed with single-family housing. The proposed single-family housing would simply be a continuation of the existing line of single- family homes located directly to the north of the proposed single-family homes. In addition, the proposed single-family homes will be developed to the same PUD development standards as the existing single-family homes. '!be neighboring area has co-existed within the eXlstmg ShadowWood development with seemingly little problems. As previously noted, the property to the n01th of the proposed site is single-family homes. Directly east of the site is Tract C, which contains the private air strip. To the south of the proposed single-family homes is Rattlesnake Hammock Road. Directly to the west is Skyway Drive, which the propose homes will front. onto and be accessed from, then a lake and multi-family homes. ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 CCPC Page 6 of9 Agenda Item No. SA December 11, 2007 Page 160f147 AERIAL OF PROJECT SITE The original Master Plan submitted for the entire ShadowWood POO is barely legible. The petitioner has provided a redrawn PUD master plan that was recreated from the original adopted PUD master plan. It is entitled "B" and "PUD Master Plan" and dated December 2006. Only the absolute minimal revisions from the original master plan are shown. The revisiOIls include strike through/underlines to the Summary Table and boundary changes to Tracts B and C, If the proposed zoning action (PUD amendment) is approved, this project will be required to undergo review for Land Development (LDC) compliance at the time of future submittal. NEIGHBORHOOD INFORMA nON MEETING (NIMl: The applicant duly noticed and held the required meeting on May 23, 2007 at 5;30 p.m. at the Wing South Clubhouse, 4130 Skyway Drive, Naples, FL. Approximately twenty people including the applicant, agent and county staff attended the meeting. Of those who spoke, most supported the single-family development proposed by the applicant. Most ofthe concems stated were relative to traffic, the architectural look of the homes, and the association. Heidi Williams, of Q. Grady Minor and Associates, responded that the access to the new homes would be Skyway Drive and that 6 trips during peak hours would be created. She also stated that the homes would be similar in style to neighboring homes and the applicant is willing to propose language for the homeowner's ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 CCPC Page 70f9 Agenda Item No. SA December 11, 2007 Page 17 of 147 association documents to reflect this commitment. The applicant is also working with the Tract B homeowners association to determine if they might be interested in adding the new homeowners to their association. If not, the applicant proposes to form a new homeowners association. The agent also explained to the neighbors that the five proposed homes are to be located on approximately 2 acres and that the property would be converted from Tract C to Tract B. Synopsis provided by Consuela Whiteway, Planning Technician and rewritten by Nancy Gundlach, Principal Planner. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-2007-AR-11283 to the Board of County Commissioners with a recommendation that this amendment be approved. PREPARED BY: ',i(1:Vl !. \ /<t1iJ/JULI;/ NA~CY ~~ L~~~A!CP, PRJ0C~AL PLANNER DEI' ARTIV(E. T OF ZONING AND LAND DEVELOPMENT REVIEW ~..r.' . C")")" /' '7 l_ '>")l" --':--Y c.../i DATE REVIEWED BY: "1JvP ~ ~" ~O(n ./JtUdJd - ./Jt{ ,~/{/. MARJ EM. STIJDENT-STIRLING 3 ASSISTANT COUNTY ATTORNEY 8- 30 -01- DATE / /; O.Ii~ RAY ND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ,-' '--'r (~ . .:') ,..J .07 DATE ~, >0. d~-U:A',.) """'SUSAN M.ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 9-{;, -07 DATE ShadowWood PUD, PUDA-2007-AR-11283 September 20, 2007 CCPC Page80f9 Agenda Item No. 8A December 11. 2007 Page 18 of 147 APPROVED BY: '~ \.;I~-"-C:___ ~ J S H K. SCH~ ADMINISTRA TOR- o MUNITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION -rtk7 I DATE Tentatively scheduled for the November 1:1, 2007 I30ard of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: .:1 'j ,/'t I , l- \/i,_vJ/ A! { ,/ if" j \.\'vl~ :-1 r .>:- ,: ,.../ vi MARK P STRAIN, CHAfRMAN DATE Exhibits; A. B. C. Rezone Findings PUD Findings PUD Mastel' Plan ShadowWood PUD. PUDA-2007-AR-1 1283 September 20, 2007 CCPC Page 9 of 9 Agenda Item No. SA December 11, 2007 Page 19 of 147 Exhibit A REZONE FINDINGS PETITION PUDA-2007-AR-11283 Chapter I O.03.05.H of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and I}olides of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the Future Land Use Element and the of the GMP offering a recommendation that this petition he found consistent with the overall GMP, Con; None. Findings: Based upon stafrs review, the proposed PUD amendment is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier COlUlty and all other relevant goals, objectives and policies ofthe OMP. 2. The existing land use pattern. Pro; The location and zoning map attached to the staff repOlt shows that the project site is a logical extension of the existing row of single- family homes. Con: The proposed ehange may be viewed by the surrounding property owners as an intrusion of new housing into their neighborhood. Finding: Staff believes the proposed PUD amendment will have a minimal impaet on the existing land use. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: The location and zoning map attached to the staff repOli shows that the proposed site size and configuration of the tract is a logical extension of the single-family home traet, Tract B. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Page 1 of5 Agenda Item No. SA December 11. 2007 Page 20 of 147 Pro/Con; Evaluation not applicable. Findings: The district boundaries are logically drawn as previously noted. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract cannot be developed in the manner currently proposed by the petitioner. Il is the petitioncr's choice to seek the proposed action. Findings; The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The County's cun-ent land use policies in the FLUE support the proposed action and the proposed use is not contrary to the current land use policies. As outlined in the Staff Report, adding 5 units and transferring land from one development tract to another will have a minimal impact on the density, changing it from 4.74 units per acre to 4.71 units pel' acre. Con: The additional dwelling units could reduce the area perceived by the residents as open space. Findings; The proposed change will not adversely influence living conditions in the neighborhood because the existing development standards outlined in PUD should ensure the least amount of adverse impact on adjacent aJld nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses becanse of peak volumes or projected types of vehicular traffic, including activity during constrnction phases of the development, OJ' otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP; approval of this project will have a de minimis impact on traffic. Con; The site generated traffic from the five additional dwelling units may be perceived by the surrounding property owners as causing negative impacts. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 2 of 5 Agenda Item No. SA December 11, 2007 Page 21 of 147 Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. 8. Whether the proposed change will create a drainage problem. Pro: Road and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and requircd to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the prollosed change will seriously reduce light and air to ad.iacent areas. Pro/Con: Evaluation not applicable Findin~s; All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensnre that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: None Findings; This is a sUQjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may 01' may not affect values, since value determination by law is driven by market value. The mere faet that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable because the adjacent property is already developed. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 3 of 5 Agenda Item No. SA December 11. 2007 Page 22 of 147 Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con; Evaluation not applicable. Findings; The proposed development complies with the Growth Management Plan, a public policy statement sUPPOlting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposcd change does not constitute a grant of spccial privilege. Consistency with the FLUE is further detetmincd to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Finding~: Any petition for a change in land use is reviewed for compliance with the aMP and the LDC with the Board of COlUlty Commissioners ultimately ruling what uses and density 01' intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board1'llling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro; StalT believes this amendment request proposes changes that are within the scale of the needs ofthe neighborhood and County. Con: The proposed residential project could reduce the areas perceived by the residents as open space. Findings; The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 4 of 5 Agenda Item No. SA December 11, 2007 Page 23 of 147 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use, Pro/Con: Evaluation not applicable. Findings; Because the petitioner is seeking to amend a particular PUD to expand an already approved use, this analysis is not germane to this petition. 16, The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the rauge of potential uses undel' the prollosed zoning classification. Pro: Evaluation not applicable. Con: Tbe specific site under consideration in this PUD amendment is mostly cleared and is undeveloped, Findings: Any development of this site would require minimal site alteration. 17. The impact of development on thc ayailability of adequate public facilities and serYices consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adeq uate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as palt of the development approval process. EXHIBIT A Rezone Findings PUDA-2007-AR-11283 Page 5 of 5 Exhibit B PUD FINDINGS PUDA.2007 -AR-11283 Agenda Item No. 8A December 11, 2007 Page 24 of 147 Section IO.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro; The nearby area is developed with single-family residential to the north and multi- family residential across the street (Skyway Drive) to the west. To the cast is the taxiway extension at the rear of the proposed lots and the homes will have the option of connecting to it. Con: None. Finding; lfthe proposed amendment passes to allow the five additional single family homes, the buildings would need to be in compliance with the requirements of the LDC and the PUD docwnent, regarding traflic and access, drainage, sewer, water and other utilities. 2. Adequacy (}f evidence of unified control and suitability of any proposed agl'eements, contracts, or other instl'Uments, or for amendments in those proposed, particnlarly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding; Docwnents submitted with the original application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of all service utilities. 3. Confol'Dlity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff repolt) of the relevant goals, objectives and policies of the OMP offering a recommendation that this petition be found consistent with the overall OMP. Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The OMP Transportation Element Policies 5.1 and 5.2 contain measumble components; howevcr, FLUE Policy 5.4 does not. Compatibility is more subjective. Page 1 of 3 Agenda Item No. SA December 11, 2007 Page 25 of 147 Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff repoli for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing SUITounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: Development of these single family dwelling units, if this amendment is approved will not change the amount of open space required for this PUD. Con: The proposed residential pl'Oject could reduce the areas perceived by the residents as open space. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code pursuant to the PUD document. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and pl"ivate. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as pali of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro; County Transportation planning staff has determined that the proposed anlemlment is consistent with the GMP Transportation Element requirements addressing roadway concerns. However, the determination that the proposed amendment would actually constitute "expansion" is subjective. PUD FINDINGS PUDA-2007-AR-1l283 EXHIBIT B Page 20f3 Agenda Item No. 8A December 11, 2007 Page 26 01 147 Con: None. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the propelly relative to hazards, and capacity of roads, then the subject propelly has the ability to support expansion. based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with pun regulations, or as to desirable modifications of snch regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Not applicable. Finding; This criterion requires an evaluation of the extent to which development standards and deviations in this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this pUD are similar to those standards and the petitioner is not seeking any deviations. pun FINDINGS PUDA-2007-AR-11283 EXHIBIT B Page 3 013 <(I--.... ~;! '- _ 0 E';:~ 2Q5Q) -D Ol '"E'" ""S2ron. 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Agenda Item No. SA December 11, 2007 Page 28 of 147 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 82-49, THE SHADOWWOOD POO, BY AMENDIN(y THE COVER PAGE; BY AMENDING SECTION 4.2., PROJECT I'LAN AND LAND USE TRACTS; BY AMENDING SECTION 4.4.C., MAXIMUM DWELLING UNITS; BY AMENDING SECTION S.2.A., P.U.D. MASTER PLAN; BY AMENDING THE POO MASTER PLAN; AND PROVIDING AN EFFECI'IVE DATE. WHEREAS, Wing SOllth, Inc., represented by Heidi K. Williams, AICP, of Q. Grady MinoI' & Associates, P.A., pctilioned the Board of Coullty Commissioners to amend the ShadowWood PUD (Ordinance Number 82-49). NOW, T1IEHEFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COUJER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 82.49, SHADOWWOOD PLANNED UNIT DEVELOI'MENT The Cover Page of the Development Plan (als.o known as lhc Planned Unit Development Document), previously attached [l,~ Exhibit "A" to Ordinance Number 82-49 for Shac.lowWood POO, is bercby amended to rend ns follows: PREPARED BY: WILSON, MIlLER, BARTON, SOLL & PEEK, INC. 1383 Airport Road NOlth Naples, FL 33924 REVISED BY: O. GRADY MINOR & ASSOCIATES 3800 Via Del Rev Donita Solings. FL 34134 SECTION TWO: AMENDMENTS TO SECTION 4.2., ENTITLED "PRO.JECT PLAN AND LAND USE TRACTS" OF ORDINANCE NUMBER 82-49, SHADOWWOOD POO Paragraph 4.2. entitled "Project Phm and Land Use Tracts" of the Development Plan (also known as the Planned Unit Development Document) of Ordinance Number 82-49, for ShadowWood PUD, is hereby amended to read as follows: 4.2. PRQrnc:r PLAN AND LAND USE TRACfji: For the purposes of gross residcnlial land use area, the subjet.:t properly is :t168.1 acres, The project plan including street laymll and lnnd uses is ilIustr.l.ted in Exhibit "B", PUD Mm;lel' Plan; .wikeR, HiIlBr. gartoll, ~oH &. Peel:, IRs., Drav:ing Pile ~r8, RZ 59. The project ::;hnll consist of five land use tracts of general area and configuration as. shown ill Exhibit HB", Words ~ are deleled; words underlined are added. Page 1 of3 Agenda Item No. SA December 11. 2007 Page 29 of 147 Tracts A & E ~ Multi-family Residential T[acts B - Single Family Residential Tract C - Private Air Park District Tmct D - Commercial Entrance Drive :t 113.3 Acres :I:: H5.68 Acres 1:: ~35,82 Acres " 10.3 Acres ~1.0 Acres '" 168.1 Acres Total Area AS.'iuming favorable economic and market conditions, it is the project sponsor's intent to complete development of the property within six years. The loUll maximum residential units will be $574 units at a maximum density of ~ 3.4 UUlts per gross acre. SECTION THREE, AMENDMENTS TO SECTION 4.4.C., MAXIMUM DWELLING UNITS, OF ORDINANCE NUMBER 82.49, SHADOWWOOD POO Section 4A.C.l entitled "Maximum Dwelling Units" of the Development Plan (also k.nown as the Planned Unit Development Document) of Ordinance Number 82A9, for ShadowWood i:-: hereby amended to read 118 follows: C. M.M!nl.lJffi DWl::llillQ;,Units; A maximum of 4--J:.lQ rcsidenli.tll dwelling units may be con~tructed, SECTION FOUR, AMENDMENTS TO SECTION S.2.A. ENTITLED MASTER PLAN" OF ORDINANCE NUMBER SHADOWWOOD PUD "I),U.D. 82.49, Section 5.2.A, entitled "P.D,D. Master Plan" of the Development Plan (Hlso known as thc Planned Unit Development Document) of Ordinance Numbel' 82-49 for ShadowWood i::;; hereby amended to read as follows: A. The pun Master Plan (\l/ilsen, Hillel', Bal'tenrSell & Peah, IRS. Dmwing File Me, F,b 59, Sheet 1 e~ is an illustrative preliminary development plan. SECTiON FIVE, AMENDMENT TO TilE POO MASTER PLAN, OF ORDINANCE NUMBER 82-49, SHADOWWOOD PUD The PUD :Master Plan has been revised as shown in Exhibit B, attacheg hereto and inCOfDorated bv reference herein. to increase the size of Tract B. Simde-Fnmilv Residential. and decrease Tract C. PI'ivate Air Park, bv 1.98+ acres. This ohm. drawn by 0, Gradv Minor & Associates. P.A.. modifies and renlaces the original Master Plan onlv to the extent that the tract adillstment described has, been altered. AU other boundaries Ofe intended to be as 0l1ejnallv ndoDlect, SECTION SIX, EFFECTIVE DATE This Ordinance shall become effective upon filing wiulthe Department of State. Words. fKfl:Iek-t~ are deleted; words und~rlined are added. Page 2 of3 Agenda Item No. SA December 11 2007 Page 30 of 147 PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, FJOlida, this _ day of ,2007. ATTEST: DWIGfIT E. BROCK. CLERK BOARD OF COUNTY COMMlSSIONERS COLLillR COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLE'ITA, CHAIRMAN A ppl'Ovcd as to form and leglll sllfficiency: ~Yn~~o Mal]OTlC . Sllldent-Stl1'l1l1g Assistant County Attorney Words &ffi:Is(: 'hI 8l::1ga are deleted; words llndcrJj~ /lrc nddcd. Page 3 013 , ORDINANCE 82 - -A2- AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGU~ATIONS FOR THE UNINCORPORATED AREA OF CO~~IER COUNTY, F~ORIDA BY AMENDING THE ZONING AT~AS MAP NUMBER 50-26-5 BY CHANGING THE ZONING C~ASSIFICATION OF THE HEREIN DESCRIBED REA~ PROP~RTY rROM A-2. RSF-4 & C-4 TO PUD P~ANNED UNIT DEVE~OPMENT rOR "SHADOWWOOD" LOCATED AT WING SOUTH AIR PARK; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. The Rookery, Ltd. petitioned the Board of County CommisSiOner! to change the ZoninQ Classification o{ the h~rein described real property; NOW, THERErORE BE IT ORDAINED by tho Bo.rd of County Comm1SS1.0ners of Collier County, f'loridlll Section One: The Zoning Classification of the her~1n de.cribed Agenda Item No. SA December 11 , 2007 Page 31 of 147 . ',~t. ';~:.... ~ ".l :~~. "'.f' ij :":f ,:;,~~ \1;\ .:~!~~ re.l property located in Section 16. Townahip SO South, Range 26 E..t. Collier County. rlorido i. changed from"A-2, RSF-4 & C-411to "PUOH Planned .Un1t Development in 8ccor-do!'lnce with the '::::., PUD document attached hereto as ExhIbit h~" which 1s incorporated ",:" ;;~~ herein and by reference made a part hereof, The Official Zoninq Atl.. M.p Number, Number 50_26_5, a. deacribed in Ordinance 82-2. 18 hereby amended accordingly. Sectlon Two: i ., , , , .~ '" "' <> ~ .. ... .. ... ... ... .~ . i': ~ .;, ~) ~oox 015 tACt 161' EXHIBIT "A" ,-,-~",,-,,_.,._,"'--''''-'--~ '.'I..:~.'''. d, . '..'.C ~.~i ',oll ~ ...,"'-JI ...... to \oJ " Agenda Item No. SA December 11, 2007 Page 32 of 147 ..~~.. ".:::;:1 _I"" :1' .:'''f'Y "'l notice that it has been filed with the seoretary of State. D~TE: July 13, 1982 BO~RO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA C R (J . c, R. "RUSS" IiIM~RMAN 'i\~ 'A ';!i.~ ,.r~1W :~;~; '~'~;.' "-' .r -, ;,:~ ~b:. ....i~':! ., - c;i;k, ''.';r!; BY: STATE OF FLORIDA ) CC!J?o;T\' OF COLLIER ) I, WI LLIAH J, REAGAN, Clerk of Courts In nnd for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 82.49 ,'hlch was adopted by the Board of COlmty Conrnls~lonors durln~ ftegular Session Jul)' 13, 1982. l~m;ESS mv hand nnd the officl.,1 seal of the !\oard of County Com- mls.loners of Collier County, Florida, this 13th day of July, 1982. IVJLLIN' J. PEAGiIN Clerk of Courts and Clerk Ex.officio to Board of County Commissioner. ~.~ D)' -". Vlrr n . agn,. ~~u Y. ;;. .':j ,~ ,~~ :::,~l~ ':.(I'.'1lf' ',..,.~:' , . ",f". ; . ,~t' I -..~~. Th15 ordinanco flied with the'Secrotn,)' or Stnte's office tho 26th dny of ., July, 1982 and acknowledRoment of thllt flllnR recoived thl! 28th dny of Jill)', 1982. _ / B)"~ ~1~ ~t' 1001 015 IACE162 ) ,., :.;.>;,~j1[';' '.::':i'.'~ '-I~h. ",' .JI,:l1" . '~fa~~ . ,:",:~,~,!";;;!:~,, '" .1.1,- 'v" .:hl~ ';"'i!~'!':(~;:~l' . . ." ..._-----~~.....-_. J' ShadowWood PLIINHEO UNIT DEVELOPMENT Located in section 16 Township SO south, ttange 26 East PREPARED BY, WILSON, MILLER, BARTON, SOLL ~ PEEK, INC. lJ8J IIl<po<t Rood No<th Naples, Florida 33942 DATE ISSUED DIITE APPROVED BY CAPC DATE APPROVED BY BCC 6-24-82 6-.1,-82 1.13-82 ORDINANCE NUMBER, 82.49 &OOK 015 PAGElS) Agenda Item No. SA December 11, 2007 Page 33 ..-.. -_..._.~_.-.._---~ TABLE or CONTENTS SECTION I STATEMENT OF COMPLIANCE SECTION II STATEMENT OF INTENT SECTION II! PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION IV' GENERAL DEVELOPMENT REGULATIONS TRACTS A , E- MULTI-PAMILY RESIDENTIAL TRACT B - SINGL~ PAMILY RESIDENTIAL TRACT C - PRIVAT~ AIR PARK DISTRICT TRACT D - COMMERCIAL SECTION V GENERAL DEVELOPMENT COMMITMENTS 1001 015 PAC! 164 +=""----.......,.~- . - ..,.,.~w_~...-"'___. ,. ~ ~_ Agenda Item No. SA December 11, 2007 Page 34 of 147 PAGE 1-2 3 4 5-14 15-16 j~ . .~*:t; "'(:~'rt:.. '," ~ !': 'r i } !: .;. . , , " !~ " j Ci: I. ~: ,. ~. ~ Agenda Item No. SA December 11, 2007 Page 35 of SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of The Rookery, Ltd., 706 5th Avenue South, Naples, Florida to develop +168.1 acres of land located in Section 16, Township SO South, Range 26 EaBt, Collier County, Florida. The name of this proposel development shall hence forth be know aB Sh.dowWood. The development of ShadowWood as a Planned Unit Development will be in compliance with the planning goals end Objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational and private avtationsl facilities will be consistent with the growth policies and land development regulations oE the Comprehensive Plan Land Use Element and other applicable documents for the following reasons. 1. The subject property has the necessary rating points to determine evailability of adequate community facilities and services. 2. The project development is compatible with and complimentary to the surr~undlng land UGCS. 3. The subject property will provide 0 vegetative buffer between the property and Rattlesnake 1I,'\mmock Road, the Burrounding vacant lands, and the single (amily residential units to the weSt. 4. The development shall consist prtmorily of multt-family residential clusters and shall thereby provide more common op~n splice. 5. The development shall utilize natural systems for water managemcnt such as the cypress, willow, lower wetland areas, and natu~al drainage courses. 6. The development shall promote the maintenance of the residential neighborhood and be aesthetlcally plea.ing end functionally efficient. -)- 800~ 015 I.\GE 165 Agenda Item No. SA December 11, 2007 Page 36 of 147 7. The number of e~ress and ingresa points sh~ll be limited to minimize the impact upon the traffic flow along R~ttlesnake Hammock Road. B. The development is complimentary to ~nd consistent with the Collier County Comprehensive Plan Land Vse Element. 9. The land may be used more efficiently, and made more desireable resulting in a smallar network of utilities and streets with consequent lower construction and future maintonance costs. 10. Throu~h p"opp.r planning and good uniform development control, the development shall protect property values and meet th~ generol public welfare and safety of the citizens of Collier County. 11. The project will enable and encourage compatibility with the natural amenIties of the environmental as well as pres~rve and enhance present advant~ges. 12. The application of the development plan will permit flexibility anc1 fontLlre amenities and excellence in th., form of variations in Biting, mixed lond uses and varied dw~lling types, as well as aOuptation to and conservAtion of thu topography and other natural characteristic. of the land. 13. With proper uniform quality lorge .cale development, the project moy be~t servo the public intorest with alternate mixed lQnd U9f!S. -2- IDOl 015 PACf 166 ~_"___~a~._..,._ ._._ -.,...-.....-.___..,lr ,. ,.,j:f. " "r' . '~'1;_:' ~~ , Agenda Item No. SA December 11, 2007 Page 37 of 147 SECTION II STATEMENT OF INTENT ! .:. .~~ It is the property owner's intention to continue the development oC a single and multi-ramily residential proSect with recreation.l, commercial, and aviational faCilities, and other support Cocilities required of a devolopment surrounding a private air park communlty. The project was initiated in the early 1970's with the development of single ramily residential condominium lots with common facilities. I, , ~; . As part of the same property, it is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cluster villages, multi-fa.ily realdential unitsl slngle'family residential lots, and v.riod dwolllng unlt types. The units shall be eenter~d around major points such as the air park, lakes, pine and cypress trees, common open 6p~ce, and areijS of unique vegetation. There may be r.ore~tlon.l benefits conslsting of jogging trails, para coursen, prlv~tc swimming pools, neighborhood p~rks, tennis courts, and the unique feature of a private airp8rk. Residents of this project shall be aCCorded the opportunity to own private aIrplanes and a sIngle family residential Or oondominium unit with the conveniences of nv1&tional, recreational, and commercial services amon9 a natural scenic environmental setting_ The r~.ld~ntl.l developm~nt of low-rise multi-Camily and single family units shall demonnLrat~ n quality way of life for its residents thot will be eminently dc.i<oable, esthetically pleasing, and environmentally oound. ,. i:: ,1 ~:' ;1 ji ", -3- anOI 015 fACE 167 ..-....._........_......."'..._~ ".'il ~, -"'-''''f'Y-,,"!'''--_~_,", . Agenda Item No. 8A December 11, 2007 Page 38 of 147 SECTION I U PROPERTY OWNERSHIP ANO LEGAL DESCRIPTION 3.1. PROPERTY OWNERSHIP, The subject property is currently under the control of The Rookery, Ltd. 706 5th Avenue South, Naples; Florida 33940. 3.2. LEGAL DESCRIPTION, The subject property is described as follows: The east 1/2 of the east 1/2 and: the north 1/2 of the northwest 1/4 of the northeast 1/4/ the southeost 1/4 of the northwest 1/4 of the northeast 1/4 and, ali being in Section 16, Township SO South, Range 26 Eest, Collie< County, Florida. ALSO LESS the south ft fty (SO) feet foe road right-of-way nnd .ny-easemcnt right-of-way of public record. LESS IIING SOUTH AIR PARK PRIVATE VILLAS UNIT 1, a COndominium, according to the Declaration of Condominium recorclccl in Official Record Ilook 476, pages 304 to 350, inclusive, Public Rccorcls of Collier County, Florida, as amended. -4- ." .... ~O)K 015 PAGE 168 y. ....'. ;. ,,.~, ..,.,j1 <\'7. -:. 3'1 ",1'.' \W .f. ......-.. Agenda Item No. 8A December 11, 2007 Page 39 of 147 SECTION IV G~NERA~ DEVELOPMENT R~GULhTIONS 4. 1. PURPOSE I The purpose of this Section Is to set forth the regulations for development of the property identified on the Master Development Plan. It Is the Intent of the project sponsor to develop mUlti-family and single family residences In a low profile silhouette with ample common open space associated with the conveniences af aviationsl, recreational, and commercial eervices. 4.2. PROJ~CT P~hN AND LAND US~ TRACTS, For the purposes of 9ross residential land use area, the subject property is ~16e.l acres. The project plan Including street lnyout and land uses is Illustrated in Exhibit 1'611, PUD 1'1nster Plan, Wilson, Mille" B2It'ton, soll & Peek, Inc., Drawing rile No. RZ-S9. The project shall consist of five land uae tracts of gener.l area and configuration as shown in ExhibIt "0'. Tracts 11 . E - Mult[-family Residential + 113.3 Acres Tract;: B n - Single FAmily Residential + 3.7 IIcres Trac~ C - Privn~e IIlr Park District + 37.8 "cres Tract n - Commcrical + 10.3 heres Entrance Drive + 3.0 IIcres Totalllrea + 168.1 IIcres II'Bumlng favorable economic and market condltions, it is the project sponsor's intent to complete development of the property within six ye.rs. -5- ~o~/ 015 PAcr169 '.... ,. ~,r....._......._."r"..._......_...._".... ,> ..~""'_4'.'_'_"_"_"'~,_ 'j ;, ~, f 1 ,; .: :'~~' .. Agenda Item No. 8A December 11, 2007 Page 40 of 1 7 ~ : The total maximum reBideneial units ~ill be 569 units at a ma~imum density of 3.6 residential unies per gross acre. 4.3. TRACTS A & ~l MULTI-FAMILY R~SIDENTI^L A. Purpose: ij' :i~ The purpoBe of this .ection is to indicate the land regulations for the BreaB designated On pu~ Master Plan .s Tracts A and E, Multl-Fsmily nesidential. n. Permitted Uses and Structures: l't i' " :. ~ No buildings or structures, or part thereof, shall be ereeted, altered or used, or land u8ed, in whole or p~rt, for other than the follo~lngl t. Permltt~d Principal Uses and Structur~BI a. Multi-Family Residences, b. Common open space, recreational facilities and wnt~r man^gement facilities. ". * ~ -' ., , c. Nine hole golf course with the eypical facilities of a private country club. 2. Permitted ^cceBsory Uses and Structure8~ ft. Customary accesoory usas tind structures. '. b. Signs a. permltt~d at time of permit application. c. Airplane hangers and tie downs. d. rrivat~ road, pede.trian and bicycle paths, board~alks and cros.-walks, jogging and nature appreciation trails, or other aimila, facilities constructed for purposes of ac~ess to O~ passage thcough the common areas. e. Lawn or golf course maintenance shop and equipment storage. -6- IOO~ 01f> PACt 170 ....~ ......~~.. ... '"-."-' ...- _..... .-...-.....'...r.'_..~.,.""". ,r7.~.....-......~.... Agenda Item No. 8A December 11 , 2007 Page 41 of 147 C. Maximum Dwellinq Units: ~ maximum of sse residential dwelling units. D. Minimum Yard R~quirements for principal Structures: 1. Depth from property boundary line (35) feet. 2. Depth from edge of all pd"atG paved roads (25) feet. 3. Minimum distance between any two (2) principal structures on the Same parcel shall be fifteen (15) feet. 4. Minimum distance between a development phase, or condominium tract line and any principal.structure shall be seven and one-half (7.5) feet. .' ~ E. Minimum Yard Requirements for AcCeSsory Str~ctureSI As required by the Collier County zoning Ordinance. F. Minimum Floor ~rea of Principal Structure.. 900 Square feet for each dwelling unit. G. Maximum Height of Principal Structure' Three (3) living stories above one story of parking with a moxlmum height of forty-five (45) feet. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevotion Ordinance. ~;: t R. Minimum Off-Street Parking, Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces/unit paved and .5 parking space/unit reserved for paving at a time deemed to be appropriate by the County. 1. Limitation On Signs. As permitted by the zoning ordinance in effec~ at time of application for building permit. ,. .' ~. 4.4. TRlICT B' SINGLE FAMILY RESIDENTIAL ^. D!rpose, The purpose of this section is to set forth the development plan and lan~ regulations for the ares. deslgna~ed on PUD Master Plan .. Tract B, Single Family Residential. -7- . - ~".. &OO! 015 PAGE 171 Agenda Item No. 8A December 11, 2007 Page42 f147 a. Permitted Oses and Struaturss, No building or struature, or part thereof, shall be ereated, altered or used, or land used, in whole or part,,, for other than the following, 1. Permitted Principal Uses and Structures, a. Single Family Residences. b. Common open space' waeer managsment facilities. 2. Permitted Accessory Uses and Seruceures, B. Customary accessory uses and st(uctures. b. Recreational uses and facilities. c. Airplane hangers or tie downs. C. Maximum Dwelling Units: A maximum oE 11 residential dwelling units may be construct~d. D. Minimum Yard_~eguirements' 1. Front Yard - 25 feet 2. Side Yard - 7.5 feet 3. Rear Yard - 25 feet 4. ^cc~ssory structure as required by current zoning ordinance. E. Minimum Lot Width, 100 feet. F. .Minlmum Lot Areal 12,000 square feet, G. Minimum Floor ^rea Qf Principal Structure: 1,200 square E.et exclusive of patio, garage, and/or arrplane hanger. -6- &OO~ 015 PACE 1 U -:.w~."';.A._...~.t .w\7.:i..r...;;....W.~.!'......I:,:_._,~ ';:_' "'l: ~__,.., .......... _...._ _ _. . __. ....A.._..~l:.l Agenda Item No, 8A December 11, 2007 Page 43 of 147 H. M.aximum Height of Pdncipal Structures, Three (3) .to~ies above the finish gr~da of lot or from the minimum base flood elevation reguired by the flood elevation ordinance. I. Off-Street Parking Requi~emente: Two (2) sp~c.s, at lea at one of which sholl be located within the pe~mitted building area. J. Landscaping and Buffer: 1\11 buildings. enclosures. or oth.r structu~.s constructed fo~ purpose. of maintenance, .holl hove appropriate screening and landscapIng. 4.5. TRI\C'f "C", PRIVATe AI R PARK DI STRICT' ^. Purpose: The ',urpose of th[s sectlon Is to indicote'the development plan nnd lnnd regulations fo~ the areas designoted on the PUD :last.er Plan Of'> Tract "C", Privata !\ir Park District. n. Dcve:opl1lent Plan: 1. ':'he prlm,HY purpose of this Trsct will be to p~ovide the n.c..sary aviotionsl support f.cllities to ..ccornmodntQ a private airport.. These arCbS shall be utilized only in accordance with the provisions nec~ssary to m~intain ann operate the privnte air park. 2. Except in ar.a. to b. used for wate~ impoundment and principal or accessory use ore.s, all natural trees and other vegotatlon as bU!t.~ shall be p~otected and preservod 80 long as ouch plant life shall not InterEore with the conttol of aIrspace within 700 feet from the end of the primary runway surface. C. Uses Permitted: NO bullding or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the EOllowlng, -9- ,...... .......4........-- L ~ ~ ,~......, .._~...._....... '."1 .........-.....-...., -- ..-.........-.....-----.. ~o~~ 010 rm17J , -, Agenda Item No. 8A December 11, 2007 Page 44 of 147 1. Permitted Principal Uses and Structures. a. Airport runwsy and administration building. b. Airport hangers, T-hangers, and Airplane tie downs. c. ^viational fuelinq and service shop. d. Aviational maintenance and service shop. e. Water management facilities. f. Any other sim;lar aviational support fscilities that msy be necessary or compatible with the operation. of a private air park. 2. Permitted Acce5Dory Uses and Structures: a. Acc.soory U5e8 customsriiy associated with the uses permitted in this district. b. Lawn or golf course maintenanc~ shop and equipment storLlge. c. Signs os permitted at time of permit application. O. Mini~um Ya~d Requirements: 1. 5~tb~CK from edge of primary runwbY surface ~ 100 fc~t. 2. Oth~r structures must conform with setbacks of the abutting properti.s land use reguletions) however, they may not be placed within fifty (SO) feet of the primary runway surface. E. Control of Airspace: The control of the airspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The cont.ol shall be of such . nature as to prevent any airport hazards from being grown, erected, or otherwise placed within a glide path of 20,1 from the ends or the primary runway surEnce. -10- ".i,. , :.~~. )~ ~,~., .....T.. ~~-.. ---- ,,--,...~," -~_. '..- ..._-~_......t'. .-'''..-..-- ._~ t'!.il.l Aii ~/~~ ~ .~: : ~OQK Ql0rAce174 Agenda Item No, 8A December 11, 2007 Page 45 of 147 4.6. TRACT "0" " COMMERCIAL A. Purposel The purpose of this Section is to set forth the development plan snd land regulations for the eresS designated On PUD Master Plan os Tract "0", Commerelal. B. Uses Permitted, No building or structure, or part thereof, shall be erected, altered or used, or land usedr in whole or part, for other than the following' 1. Permitted Principal Uses and Structures, a) Antique shops, art studiosl art supply shops! aviation fueling facilities without repairs, aviation maintenance and service shOp, airplane hangers and tie"downs, odminis,tration building. b) Bakery shops, barber and beauty shops I bath supply atores, bicycle .ales and services/ blueprint shops, bookbinders I book stores) business machine services. c) Churches and other place. of worship! clothing stores! cocktail lounges) commercial recrestion uses - indoor: commercial schoolsr confectionery and cnndy 8tores. d) Delicates.ens/ drug storesl dry cleaning shopsr dry goods stores! and drapery shops. r) florist Shop.. -11- i ", .__...._ .....................__._-~__......l...'..........._. .......~..._.. """-. ...0.... ,~. \ ... ... aO~K 015 PACE 175 ".' , '~j1: .' g) h) i) j) ~. l) ~. I' m) " ,. ;,;; ~ nJ 0) p) r) 6) t) u) I , V) ~,: -;; it ., {. w) i~ t' X) \: y) '-'-'-"'-. ~ ---'.'----- --- .--........-..-..-- ........--..- Agenda Item No. 8A December 11, 2007 Page 46 of 14 Garden supply StOres ~ outside display in side and rear yards, gift ohoPSI gourmet shopo. Itardware store.; health food stores. Ice Cream stores. Jewelry Gto~es. Laundries - self service only! leather goodo, legitimate theatreo, iiquor storesl locksmiths. Markets - food and/or meat, medical offices and Clinics; millinery shops, museums; music stores. News stores. Office - gener.ll office supply stores. Potnt and wallpaper stores; pet shopsl pet supply shops! photographic equipment storesl pottery stores; printing, publishing and mineograph servlc~ shops; pcivate clubs, professional offices. R~d1o and television sales and Bervices~ research and design labs: restaurants. Shoe repulrl shoe ntores1 shopping centers; souvenir stores. Tailor Shops, taxidermlstsl tile sales - ceramic tile; tobacco shops, toy shopsl tropical fish stores. Upholstery shops. Variety shops! vehicle rental - automobile onlYI veterinarian offices and clinics - no outside kennels. Water Management Pacilitles. Wetch and precisiOn instrument repair shops. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the zoning director determines to be compatible in the district. -12- MOl 015 PAcr 176 Agenda Item No. 8A December 11 , 2007 Page 47 of 147 2. Permit.ted "ccsssory Uses and Structures: a) "ccessory uses and structures customarily associated with the principal uses. b) Caretaker's residence. c) Signs as permitted at time of permit application. 3. Permitted Uaes and Structures, Subject to Site Plan Approval. a) Car \~ash. b) Child Care center. c) Commercial recreation - outdoor. d) Detached residence in conjunction with a business - on. (1) per business. e) Permitted use with less than 1,000 square feet gross floor area in the principal structure. f) Vehicle rentals. 9) 1I0tel, motels, and time share facilities. C. Minimum Lot Area, Ten thousand (10,000) square feet. O. Minimum Lot Width, One lIundred (100) feet. E. Minimum Ya~d RequirementS1 1. Pront yard - twenty-five (25) feet. 2. Side yard - none, or a minimum of five (5) feet with unobstructed passage from front to rear yard. 3. Reor yard - twenty-flve (25) feet. P. Distance netween Structures: Same as for Bide yard setback. G. Maximum Heiqht of Principal Structure' 45 feet. H. Minimum Floor Area of Structure, One thousand (1,000) square feet per buildIng on the ground floor. r. Maximum Densit~' Sixteen (16) units per acre for transient 10d9,ng facilltles, hocel, motels, and time share facilitles with a maximum floor area of 500 squa<e feet per unit. -13- . . ---- ----,"" MOl 015 PACE 177 Agenda Item No. 8A December 11, 2007 Page 48 of 147 J. Off-Stree~ parkin1 Re1uiremen~SI %on1ng ord1nanoe n e feo~ at the permi t. As required b~ the time of build ing -14- -.~... .. ......-.............~. .......1, 1I.......~~_.., ............~\"'._......:ln....~......n.':\;.::_.~';1.-=,...,. _...\~'~ , . ;.... ....j'....' MO~ 015 PACE! 78 Agenda Item No. 8A December 11, 2007 Page 49 of 147 SECTIOl>l V GENERAL DEVELOPMEl>IT COMMITI1ENTS :!!\ ., , ',~ 5.'. PURPOSE: '.. The purpose of this Section is to set forth the standards for development of the project. 5.2. P.U.D. MASTER PLAN, A. The PUD Master plan (Wilson, Miller, Barton, 5011 & Peek, Inc. Drawing File No. RZ-59, Sheet 1 of 2), is an illustrative preliminary development plan. D. The design crlterin and layout Illustrated on th'e Master Plnn shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. C. ~11 necessary C4scments, dedications, or other instrumento shall be granted to Insure the contlnu.d operation and maintenance of all service utilities. D. Minor design chang.s shall be permitted eubjeat to staff i!!ppro'v~l. E. Overall site deoign sholl be harmonIous in terms of landscaping, enclosure of structuro, locations of 011 Improvcd facilities, and location and treatment of buffer areas. f. To protect the Integrity of the Planned Unit Development, residential neighborhood, the only access road shall be the private road as shown on the Msster Plan with an exception for temporary construction roads. G. Areas Illustrated as .lakes. shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practical shall be preserved. Such arQas, lakes and/o~ natural green breas, shall be of general area and configuration as shown on the Mastet" Plan. -15- ~",~.,,---"""'-"-' .,_..,.'....,.'".~~_".~.I I':: :., .j" ;\~... . .'1>, .., ~,:{. "'1 ',,1 :}. ",-"I;' "" MOK 015 rm179 .w__'~---~' .r"_" Agenda Item No. 8A December 11, 2007 Page 50 of 147 n. Wetland subzones "A-l, A-2, A-3, B-1, C-l, s-l and E-2" (Wilson, Miller, Barton, SolI , Peek, Ine. Drawing File lIo. RZ-S9, Sheet 2 of 2), are illustrative subzone" and will be conserved ae much as practieable as storm water management/open .pace area.. These area. will be flagged lor protection, prior to development. 5.4. WATER MAtIAGEME:NT: A. Detailed water man.gement construction plans shall be submitted to and .pproved by the County Engineer prior to commencomen~ of any cons~ruction. B. Appropriate e.sements to be granted toColliel; County for maintenance of perimeter swale system. 5.5. SOLID WASTS DISPOSAL. Such ar~angement and ~greQments as necessary shall be made with an approved solid waste disposal service to provide for solid waste collect ton ..rvlce to all areas of the project. 5.6. RECREATION FACILITIESI ^ minimum of three swlmmin9 pools and th~eo tennis courts sllall ba constructed by the project sponsor. ^dditionol recreational f.ctlltl.s may be constructed by the futuro rcsidorlts of this project. 5.7. TRlIf'fIC: ^. The project sponsor will provide to che appropriate governmoncal agoncy, on .dditlonal right-of-way of 17.5 feet .long the south proporty bound.ry line for future ro.d widening of Rattlesnake Hammock Road. D. The project sponsor agree. to construct. right and left turn storage lane on Rattlesnake lIammock Road for traffic entering ShadowWood and to pay his proportionate share of the costs of a traffic signal at the project entrance when required by the appropriate governmental agency. C. A sidwalk shall be constructed on one side of the main entrance road Into the project. -16- ~ .~.~.... .. -. . - ---.~r:P."=--"'.-"'.'~--"'.~ -...,~..,..--_.___._ bOOK 015 PAcr 180 Agenda Item No. 8A December 11, 2007 Page 51 of 147 5.B. UTILITIES, h. h cen~ral water supply system shall be made available to all areas of the project. The water supply source for the projeot shall be the County system. e. All areas of the project shall be served by a central wastewater collection system and by an existing off-eite waste water treatment plant. The existing plant shall be expanded as may be needed to meet the anticipated dema.nds. plans and D.E.R. permit applicatio~s for the sewage treatment plant shall be Bubmitted to the Utility Division. C. The project sponsor agrees to comply with all applicable County lows and ordinances governing utility provisions and facili ties. D. Telephone, power and T.V. cable service shall be made available to all residential areas. hll such utility lines shall be installed underground. -17- -.....- -- ..,l..... ~ ....... ., -;, .. --...-..,- .., ~._- .........- &OO~ 015 tAtE 181 -~.-_.__.._.._-_.~' -. .. , " .\\,- reI m~ c,no xoo~ ~~-~::.:";'...:~...,,~-~~..,. '-=':".~~~ ,i' :.1'1111 . , " ~. 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" , . . a. <( :2: -I! · II! . i! . z GW"lIl1YIOIIErTIClO 0 *= - ,l I I- ~I . <( ,l. I ~~ If () g 0 < .....J j n ~ . II! . ~ !! I - Agenda Item No. 8A December 11, 2007 Page 55 of 147 ~" . Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors. Planners. Landscape Architects February 9, 2007 D. WAYNE ARNOLD, AI.CP. STEPHEN v. BURGESS. P.S.M. JUAN A ARAQUE, P.S.M. KEITH A. STEPHENSON, P.5.M. KENNEIH W. PAHUTSKI ALAN v. ROSEMAN JEFFREY s. CURL, ASLA, RLA NY WYllE, P.E. MARK W. MINOR, P.E. NORMAN J. TREBILCOCK, Al.CP., P.E. C DEAN SMITH, P.E. DAVID W. SCHMITt, P.E. MICHAEL J. DElATE, P.E. ~~;s~~ty Gundlach, AICP Wll.5ON A. GPiI'tillcljml Planner Zoning and Land Development Review Department Collier County Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34105 Subject: Shadowwood Planned Unit Development Amendment PUDA-2007-AR-11283 SHADOWWOOD PUD Project: 19990174 Date, 2120/07 REV: I DUE: 3120/07 Dear Ms. Gundlach: On behalf of Wing South, Inc., I am pleased to present for your review a minor amendment to the Shadowwood PUD (Ordinance 82-49), which is located approximately one mile west of CR 951 on the north side of Rattlesnake-Hammock Road. The requested amendment will allow the owners of unused land currently within the Private Air Park district, or Tract C, to subdivide 1.98~ acres into five single-family lots. Because of the decrease in commercial use, the increase of residential units has been deemed to be "no significant impact" in a letter dated November 17, 2006, from Ray Bellows, Zoning Manager, attached: This decision requires staff to review only those areas of the PUD that will be altered by the amendment. The applicant does not retain control of several areas of the PUD, and wishes to ensure that no unintended negative consequences are rendered on the other property owners by the proposed amendments. As required by the application checklist, this submittal contains the following items: I) 24 - detailed Narrative; 2) 24 - completed application; 3) 24 - pre-application meeting notes; 4) 24 - revised Master Plan; 5) 24 - original PUD document (Ordinance 82-49) and Master Plan; 6) 24 - revised PUD document with strike-through/underline of changes; 7) 4 - warranty deeds; 8) 4 - legal description and survey; 9) 2 - corporation information; 10) 2 - signed affidavit; II) 2 - covenant of unified control; 12) 2 - addressing checklist; 13) 4 - historical survey waiver request; 14) 4 - utility provisions statement; 15) 7 - traffic impact statement; 16) 5 - aerial photograph; (239) 947-1144. FAX (239) 947-0375. Web Site: www.gradyrninor.com 3800 Via Del Rey . Bonita Springs, Florida 34134-7569 EB 0005151 . LB 0005151 . LC 26000266 NG02092007 -I. WSPl Agenda Item No. 8A December 11, 2007 Page 56 of 147 17) I - electronic copy of all documents; and 18) I -letter of no objection from USPS. In addition to the required materials, we have also included the following: I) 24 -letter from Ray Bellows, Zoning Manager, regarding amendment type; 2) 1 - application fee of $9,067, which includes some of the legal advertising fees. The original PUD Master Plan that was adopted in 1982 is no longer legible. Research of County records indicates that no legible copy of the adopted plan was retained. For the purposes of this amendment, Q. Grady Minor & Associates staff utilized an over-sized color plan to re-create the adopted Master Plan. It was then revised and reduced to indicate the proposed PUD amendment. We have attempted to be as accurate as possible in order to avoid altering any of the Tract boundaries or acreages other than as described in this application. We would like to thank you in advance for your assistance with the petition. Please feel free to contact me if you have any questions. Sincerely, L. ;< !u~o~ Heidi K. Williams ~ . Senior Planner HKW:smc Enclosures NG02092007 - 2- WSPI Agenda Item No. 8A December 11, 2007 Page 57 of 147 ShadowWood Planned Unit Development Amendment Proiect Narrative The ShadowWood Planned Unit Development (PUD) was approved on July 13, 1982 with the adoption of Ordinance 82-49. This PUD permits a unique "fly-in" residential development on the north side of Rattlesnake-Hammock Road, approximately one mile west of C.R. 951. The Wing South Airpark was actually in existence prior to adoption of the PUD, but the approval expanded the scope of the facility. To date, the PUD contains two multi-family condominium developments and eleven single-family platted lots. A multi-family tract on the north side of the PUD, which is under separate ownership, hall not yet been developed. The existing Master Plan designates Private Air Park and Commercial tracts in addition to the residential areas. This petition seeks to remove 1.9801: acres from Tract C, Private Air Park, and add it to Tract B, Single-Family Residential. The application also seeks to increase the allowable number of dwelling units from 569 units to 574 units. The additional five dwelling units will all be specifically allocated to Tract B. The overall density will increase slightly from 3.38 units per acre to 3.41 units per acre. No development standards are proposed to be changed with this amendment. The requested amendment is consistent with the Collier County Growth Management Plan. The revised density of the PUD will remain in compliance with the current Density Rating System. The POO is located within the Urban Designation on the Future Land Use Map, which allows up to four dwelling units per acre. Therefore, the PUD is consistent with the Future Land Use Element. The Transportation Impact Analysis provided estimates the amendment will only add six peak hour trips to the road network, which is not considered a significant impact to the surrounding road network. Therefore, it is consistent with the Transportation Element of the Comprehensive Plan. The proposed amendment will place slightly more residential intensity in this location. However, there is an equivalent decrealle in non-residential intensity due to the reduced "Air Park" acreage. The request is appropriate because adequate infrastructure is already in place to accommodate the additional units. The subject property is a previously cleared area located at the south end of the POO. It is bordered on the east by the runway for the air park in Tract C. Beyond this is an undeveloped portion of the Naples Lakes Country Club. South of the subject site is the entrance to the PUD, Rattlesnake-Hammock Road and the entrance to the Lely Resort Development of Regional Impact. The additional single.family homes will be bordered on the north by similar homes within the development and on the west by multi-family condominiums, also within the PUD. Based on the existing and intended uses surrounding the subject site, the proposed single-family homes will not cause any adverse impacts on neighboring property owners. The proposed amendment is sensitive to keeping the integrity of the originally adopted PUD document intact. No dimensional development standards have been altered. Due to the quality of the original Mallter Plan, a new Master Plan drawing had to be created for this petition based on exhibits within County records and survey data. To the best of our knowledge, no acreage calculations or tract boundaries have been changed other than the intentional modifications subject to approval of this petition. The requested amendment is consistent with the Comprehensive Plan and is compatible with the area. Five additional single-family homes will not constitute a major increase in impacts and therefore, the PUD amendment request is appropriate in nature. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 8A December 11, 2007 Page 58 of 147 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ PUDA.2007 -AR-11283 . Project: 19990174 Date: 6111107 DUE: 7110107 REV: 2 NAME OF APPLlCANT(S) WING SOUTH. INC. ADDRESS 4310 SKYWAY DRIVE CITY NAPLES STATE FL ZIP 34112 Telephone # E-Mail Address: CELL # Fax # NAME OF AGENT Q. GRADY MINOR & ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY Telephone # 239-947.1144 CITYBONITA SPRINGS STATE FL ZIP 34134 CELL # Fax # 239-947-0375 E-Mail Address:hwilliamslaloradvminor.com BE AWARE THAT COlliER COUNTY HAS lOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For pun Rezone 61] 4/04 Agenda Item No. 8A December 11, 2007 Complete the Following For 011 Association(s) affiliated with this petition. Provide additional sheets iF necessary. NAME OF HOMEOWNER ASSOCIATION, SHADOWOOD HOMEOWNERS ASSOCIATION. MR. RUSSELL BERGHUIS MAILING ADDRESS 6202 SHADOWOODCIRCLE CITY NAPLES STATE FL ZIP3411 2 NAME OF HOMEOWNER ASSOCIATION, SHADOWOOD PARK. MS.LORI BENNETT MAILING ADDRESS 6475 SEA WOLF COURT CITY NAPLES STATE FL ZIP34112 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 a. IF the property is owned Fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets iF necessary). Name and Address Percentage of Ownership Application For Public Hearing For pun Rezone 6/14/04 Agenda Item No. 8A December 11, 2007 Page 60 of 147 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 Wina South. Inc. 4310 Skvwav Drive Naples. Florida 34112 100% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of. interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. SA December 11, 2007 Page 61 of 147 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, N/A f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired [gJ le<l.ed g Term .f lea 58 6/25/1996 yrs.fmos. If, Petitioner has option to buy, indicate the following: Date of option: N/A Date option terminates: Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the elate of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. . or Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8A December 11, 2007 , Detailed lel!al descrintion of the nronertv covered bv the annlication: (If space is inadequate, attach on separate page.) If request involves change to mare than one zoning district, include separate legal description far property involved in each district. Applicant shall submit four (4) copies af a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre- application meeting. NOTE, The applicont is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range ~ 505 / 26E lot: Block, Subdivision:Airoark South of Shadow Wood Plat Book-.J.L Page #'-.Z!L- Property 1.0.#,73284000507 Metes & Bounds Description, See Attached Size ofnronertv: 180 ft. X 750 ft. = Total Sq. Ft. Acres Address/l!enerallocation of subiect DrODertv: The subiect property is located on the north side of Rattlesnake-Hammock Road. approximatelv one mile west of C.R. 951. PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities D Commercial 0 Industrial X Mixed Use Zoning land use NPUD. A SPUD EPUD NaDlas Heritaae. undeveloDed Lelv Resort DR I. undeveloped Naoles lakes CountrY Club. undeveloped WRMF-6: RSF-3, A, RSF-4. A-ST low density residential, vacant Does the owner of the subject property own property contiguous to the subject properly? Yes If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range ~ 50S / 26E lot, Block: Subdivision, Wino South-Condo Plat Book~ Page #,~ Property 1.0.#: 00425960000 Metes & Bounds Description, Application For Public Hearing For POO Rezone 6/14/04 Agenda Item No. 8A December 11, 2007 7 This application is requesting a minor amendment to the Shadow Wood PUD to convert 1.98:t acres from Tract C, Private Air Park, to Tract B, Single Family Residential. Present Use of the Property: The subiect oroaertv is currentlv vacant land. Praposed Use (or range of uses) of the property: Five sinale-familv homes. Original PUD Name:Shadow Wood PUD Ordinance No.,82-49 Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted belaw. Include any backup materials and dacumentatian in suppart of the request. PUD Rezone Considerations (LDC Sedion 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areClS, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attarney. 3. Conformity of the proposed PUD with the goals, abjedives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Application For Pubnc Hearing For PUD Rezone 6/14/04 Agenda Item No. 8A December 11, 2007 8. Conformity with PUD regulations, or as to desirable modifications of such regulations ijj'~llli 64 of 147 particulcn case, based on determination that such modifications of iustified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, howeverl many communities hove 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 effected by existing deed restrictions. Previous land use Detitions on the subiect DroDertv: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes X No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned c petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to suooly necessary information to continue processin9 or otherwise actively pursue the rezonina for d period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting o new application, repayment of all application fees and granting of a determination of Ifsufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) Application For Public Hearing For PUD Rezone 6/14104 ,;I.-x.:. ~ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. SA December 11 , 2007 Paqe 65 of 147 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643-6968 .., ~."''' PRE-APPLICATION MEETING NOTES o PUD Rezone o PUD to. PUB R;ezone l'ITPUD ~me"dment Dale: Jb' zs. r)(O Time: oitDa 1m Firm: Proiect Name: ~M&v1JJ nod .tW~.~ Applicant NamJJYD A~W S;. Owner Name, (j.J l~ ~ .', I ~ .' ro~ ~ k1110V 5 ~/I Size of Project Site: i ' &:; acres Phone, Phone, 2-':b<)-I~'2- (j;2~ Owner Address: 4/?tJ' 7'4::''7 t/'t/.4r' ;A€. City.State f2L-. ZIP ~ Existing PUD Name and Number SMdO\~/ ocr& 'PuD ovd; 1[\()J(l(jl ~ P,2-4) Assi13ned p,anneriW n(A\ 01KVtI~ , Me'\!ln..g &"e\i:d.!\;~: (lI~at~ ~gr In S'hee!l SUb",!""f r~gliii~@~fs ($~e .lei! p~iiio;.chee~U~i), .:t :f '. h -1 - G:ICurrentlNew Pre-Application Forms 20061PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc ~. PUD AMENDmENT (PUDA) .. PUI:!'REto,,~(!,liDZ) PUD to PU!,REZONE(PUDZ-A) Al'PtlCATION SUBMITTAL CHECKLIST d ~ ~I v.un December n 2007 Page 66' 01147 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. 24 24 24 24 24 24 24 24 >( 2 2 2 2 2 NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF COPIES 1 Additional set if located in the Bayshore/Gateway Triangle Redevelo ment Area) Copies of detailed description of why amendment is necessary Completed Ap Iication (download from website for current form) P re.a Iication meetin notes PUD Document & Conceptual Site Plan 24" x 36" and One 8 '/2' x 11" co y Revised Conce tual Site Plan 24" x 36"and One 8 Vi' x 11" co Original PUD document and Moster Plan 24" x 36" - ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru & underlined Revised PUD document w/amended Title page w/ord #'s, LDC 10.02.13,A.2 Deeds/Legal's & Survey (if boundary of original PUD is amended) list identifying Owner & all parties of corporation Owner/Affidavit signed & notarized Covenant of Unilied Control Completed Addressing checklist . S Environmental Impact Statement lEIS) and digital/electronic copy of EIS or exem tic" 'ustification 4 Historical Surveyor waiver request 4 Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 SUl'ley, signed & sealed 4 Traffic Impact Statement (TIS) or waiver 7 Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' 5 Electronic copy of 011 documents in Word format and plans (CDRom or Diskette) If located in RFMU (Rural Frinoe Mixed Use) Receivina Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. Applicant/Agent Signature Date REQUIRED NOT REQUIRED y - 2- G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc . _ . . ~ .1 Fees: Application Fee. ,.. Fee T olal $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner Drior to the due date SCHOOL DISTRICT PARKS & REC - Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DRlEM1 - EMER. MGMT - Jim Von Rintein IX UTILITIES ENGINEERING - Zamira Deltoro X CDES Coordinator - Linda B. Route Sheet Y- on Iv I Meeting Notes I ,r \ ~ "2"",,-,c...:,<...~ --'>..""-..<.::-._-..___ (~'-'-J-.-~"'\ j "'712AN&t>~folIorIO'" - c.oCp,,.....q-re.. "'>In-l Ai\) ,t" ~'::> "-'1"5 . . ~.vr~~ ..;:Je.v:.ry K,,~z- ~ S44^'G: C<>>r ~ 'fLA"vs, . _ tIS fiJ;<rI/J/ZJdd. Well/Ill;- I...,.' 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L'!'D.. .8A December 11, 2007 2074928 OR: 2203 PG: FWW1 of 147 Ui:OUlt Il OIllCII1 DCOIDI 01 COUlD _. IL 1I/l5/l1 It 11:1511 Dilen I. 1IlICI, CUU COIl IllM." DC n. 15.01 10(-.70 11.51 Ilta: IIClIlIllmlllll IICI GOUlIllI.!Ill1l IlII U1UIIIIUOl 25th day of June. 1996 A.D.. a FLORIDA limited partnership Between or.. Coval)' 01 WING SOUTH AIRPARK corporation, I """,;( ,araator. ... PRIVATE VILLAS,INC., a Florida not-for-~rotit wtto.Md,...t.: 4130 SKYWAY DR NAPLES fL 33942 011I. c...., of COLLIER Sl.le or FLORIDA . IraDtee. WltDesetb IbaIlhcOIlAHTOll.torudia~___NtiocaDfIlw~"'lIr - - - - .. - - - - - - - - - _ _ _ _ _ - - - - '!'EN , NO/100($10.00) - - - - - - - - - - ~ ... 0ItMI, Juod and ",Iu.tbk: ;oNlOm,tiltDlO GkANTOll. iIIllud paW by OIU.NTEE. .. ,.c.ipt wa.......rie benb)' II:kIIotW........... ........ ttarpUaN.1Ki IOId 10 u.. aid OIAN'TSB ..t oMWTEB'S __~._ ud aMi,_ rw.~. .. follow... MKriIMtI..... ......1,.,.... bo;.,.... ~ Cou..,. or COLLI ER ~ 01 Florida 10 wit: SEE A'l"1'ACHED EXHIBIT A . l\ceJp(~ AND MADE A PAR'!' HEREOF. ~ > ~J\tr TOGETHER with all th ements, here '\1 nts and appurtenance. thereto belonging 0 iB8 pertaining have and to hold the same in fee 81 pI ~ The Grantor hereb lawfully seized 0 900d ri9ht and 10 and that sAid Ian restrictions and outstanding oil, q e that Grantor i. at Grantor has nvey said land; 8 except ivision, ot record, it any. '1~_'Ti':= "'IMpuIoordoe.hel'llbyfuUy "".'"'III1MtiU.IO..IdIllIld,ud..iU.rendlM.....piaIIl.II....l\lJ~laimllll'allpc- .." .aI. OR: 2203 PG: DOOn:~~r 7i\f 1 ; Warranty Deed - Pqez ~m ~ 73284000507 Whereof, tht ,fUII.lW bat a.ml.1IIa wi hi. baAd UId III! .. dal &ad 111\I' l\nI dtooI. ..... ...._, THE ROOKERY, LTD. By, ,. ~,,~....,)h CLIFFqRt) WINGER. GENERAL PARTNER lOooI) I , ' , Printed Namer ! . It Witn... STATE OF FLORIDA COUNTY OF COLLIER n. lanJoiat -"'-- -- K~..d bc{on ,.. tIUt 25th ok, 01 June, 1'96 "7 CLIPFORD WINGER, GENERAL PARTNER on behalf of THE ROOkERY, LTD., . FLORIDA Lilli ted _. H.la~Uyk.JllnqIo_OfWbobalp~G4t1ia l..ilkMlrIl1Mioa. 1'llM~""'..tw4.)': ~ W.aw.-,Jr.,~. aw.-..IWat. ............. &a.. P.A. JNOo.aw..o..~,.._ ........ PI. 13M2 t. ( . , ' Printed Nllae: "; I( ~.,-.c) NOTARYPUIUC '1~R Co c-..... ..."'" ~V U.t\; Go l' . "" .....,... ""t.iiY... ~ aWl . 11&0 t'l CO......IO. _.... .: CC44l1'J i tn co".1loII UP cf 211'" '1~JJi""r'_~~ " _ ~ lJ)t,.. I.""" 'tlJ-ll':bl l'/-lo",'[ L<fo'lUILRS ~ l ~ I II J OR BOOK .8A ~e']~er 11 , 2007 Page 73 of 147 002260 PACE . .~.- t c c wu..SON. MIL.UR, aARTO~. lOLL . nul., INC. ~lnlC)rrU4 INGINU". Pl.ANNDi ANO \,AI'IlO suavrYOU EXHIBIT "1.." ~ ~~ "'if = '" oelcript1oft 01 pArt or Seotlon I'. TOwn.~4, )0 lew\h, aan;e II ta.t. Colll.r"Countr. '~ari... / J Ah.... ...... "R' 2203 PG: 0078 tilt (Th. "!leI'J -",'.lV . ... '" N is ~, = ~ 0: ~':: <:> 1l.11 thn part 0' '.0\101\ U. TOWn.hip 10 I.""h, ,,_"V. Ulan. coUltll:' COl,lnty. Plo..ld. .n.d IIidng .on pu'tlod&rl1 ."C!I'Ut.cl .. tau..w,. eo-...lnt at the Ul\lt"'..... cae-ftt&' DIE ..1. ..otlon 16, t.hanee 010"0 t"" ...t 11". oC ..id '.o,.lon II. "arth 0'-11'-1.' Wan 50.01 ,..t to the northerlr llna of Cowntr Jot. .,. C..~~l..ft.~. ",..OGk Motd) I 'hanu aloftl ,d' rieht-o!-w.y u.n. NOn" ,,'-n'-u' "'I. 21S.01 f..' \0 thl .,., l1nt of . rOIO rlobt.o!~v,y ~.Lng ,art af Wl~9 lout~ prl..t. Vil1.. Un~t -I- .c~otd~n9 to tn. pl.~ ~~.~.gC .. r'CarON 1n Cc.hd..l"l~ .~d IaDoIr. ., pav' 41, colUtc CO\ant.y I'uClhe "cowd., CoL1L.r County. 'lor1'., th,hU along .dd. dOt\t~or"v.r Un. ~. ioU.vLn; t.wO 12) ....~l~.o cow~.a.f . 1) ao~~ 0....'-0.. t.at 1.44 t"tr 2J ftOnh..t..r1r U.U e..t alono tha are of . chcul.u eun' cOll'la.av, to tbe to"thllt..t, hnLng . ndha. oC US.OO h., aM '"'1"9 lubttnd.4 by . cnG~d vhlcn ."1'. NOrth 01..41'.15- wet" 53.12 c.ee Lo tht ,OIHT or IIGINNXMG of the r.rcel hereLft da.oribad, . tn."CI" eo",'"". doftV .dd r ,h"_.t_va", Una ..ha toU.OVlft' t.hT.. (11 '..arLbad aaura.a, l) ftO~t,. .:to '..t ala". the arc ot t clrc"ltr C'04n. co tn, fttvlng . 1'.41\111 of aU.DO I..' ~ . chord which ~.'r. Iorth ..t to .. pol.ftL .t r..er.. lone ~ arc of . 01.1'0,,111' .wrv_ loh b.ar. MQrt.b 'S-.I.'-IO. ..", I.n. NOtth 1..-4JI_JS. la.~ rwnwar and \..lv.y ......n\ . col lIr ""'.ft\y .",..llc d..or1tltd, IY ...TO 1'., r. . . 12'11 1z.1 :l-J is en..n, M.CI. 2UH ..tl .} 4C-JC' (WLt11lJd aouttLl ~".I...u..n...n '. _.-01,-- . ' :rt't~i~- ..,~.,..... 'C.. u...:::.~:".......t, .__........_..... ._...... .,....... .-..... .....,-....~... ......-.. M_o_, .~........""...._,.........-........,.. ..-.............., .,.....,_..."... .-........ Division of Corporations < Agenda I~~a. M3 December 11, 2007 Page 74 of 147 Florida D1'partment of State, Di"i6icm of CorroratiorlS ( . j i" { I. I" d i ( II '1-- .... .. . r . ...".. ~ . Ilml1~'.~flnhiz.nrg .. f. \ ,! \1 1 I " . ... . I I I. ..... Public J;nqwy " .., .--, Florida Non Profit WING SOUTH, INC. ._------_._-'".__._._-,---,--,.._~--_.__.-.--_._-,..._"-_.---_._--_.__._-~----- -......................... . PUDA-2007-AR-1l283 REV: 1 PRINCIPAL ADDRESS SHADOWWOOD PUD 4310 SKYWAY DRIVE Project: 19990174 NAPLES FL 34113 US Date: 2/20/07 DUE,3120/07 Changed 04/28/2006 MAILING ADDRESS 4985 E T AMIAMI TRAIL NAPLES FL 34113 US Changed 04/28/2006 Document Number FE! Number Date Filed 723949 592528568 07/2511 972 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date NAME CHANGE AMENDMENT 0711 9/200 I NONE egIs ere 1gent I Name & Address I HART, STEVE 4985 E TAMIAMI TRAIL NAPLES FL 3411] I Name Changed 04.'28,12006 I I Address Changed. 04/28/2006 I R t dA I Name & Address II Title I BOLTON, PETER c:J 3409 SKYWA Y DR NAPLES FL 34112 I HOLDER, STEVEN II I Officer/Director Detail htto://www.sunbiz.on!/scriots/cordet.exe?al=!)FTFlT.k.n I =7?,949kn?=N A MFWDkn,= 1/7Q/7(\07 Division of Corporations Agenda hJ!!~.df1'\l December 'f 1, 2007 Page 75 of 147 I 4096 SKYW A Y DR. I~ NAPLES FL 34112 EDMAN SON, TRACY D 3904 SK YW A Y DR. NAPLES FL 34112 KASER, JAMES [J 4119 SKYWA Y DRIVE NAPLES FL 34113 HART, STEVE G 4985 E T AMIAMI TRA1L NAPLES FL 34113 "::::::;-:0 ..__._._._--_.-._----.-..~-_.._--_.~---_.,-------- .."......_._.._._.... ,___._"__..m_.......___.__.._.,."...~M._.."......'.n_____....._._...._,._., "'''.. ".-.....-----,~ nnua eports I Report Year II Filed Date I I 2004 \I 04/26/2004 I I 2005 II 05/05/2005 I I 2006 II 04/28/2006 I A lR Previous 'Filing Retum to List 1 View Events Yiew Name History Next Filing I Document Images Listed below are the images available for this filing. 04/28!;1Q.Q/1 -- ANNliL\L ~PQR T 05/05/2005 -- ANN REP/UNIFOR-M BUjLREP 04n_QL~~Q<l -- AN:NJlEPJ11~IFOR-M B.\J.S REI' 05/05/2003 -- 1\.~ REPillNIl'QRMJU1S RE]' 0:lLH/2002 -- COR - ANN_REPillI"lJEOR},LBUS REP 01/121200 L=-~_a!!)L ChaJ]g~ 02/05/200\ ---A~ REPl\)NlfQBM BUS_R,EP 09/05j~000 _,:cf.l:DLREI'i!Jl'IJFQ.BM BU~.REY 04106/1999 -- ANKUA!,.REPQRT P_2/09/199JL-_:.AJ'lNUA.k_~I'_QBT Q li~.!Ll9.'!7 -- ANNV.AL~J'QR.I O~/Q6/199!i-=J296 A.l'lNl"LALREI'Q&I 01/30/1995 -- Annual ReDort THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT nttn-/lv.ruroJ c::.nnh17 nro/<;:{"T'lnt<;:/r-rwrlpf PVp.?~ 1 =nJ:;'TJ:'TT Rrn 1 =7T~0.10.Rrrl,)=1\.T A l\APUlllRr....1.= If'')0I'1()/)7 Division of Corporations Agenda l~eJc3. .si\3 December 11, 2007 Page 76 of 147 hltn:llwww.~lJnhi7oNI....rint~I..{)T<i..t...x..?1=DFTFTf.X.nl=7?1q4qX.n?=NAMFWDX.n1= 1 f?Qf?On7 2006 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 723949 Entity Name: WING SOUTH, INC. AJjenda Item No. SA FILEllllcember 11, 2007 Apr 28, 2006Jge 77 of 147 Secretary of State Current Principal Place of Business: New Principal Place of Business: 4310 SKYWAY DRIVE NAPLES, FL 34112 US 4310 SKYWAY DRIVE NAPLES, FL 34113 US New Mailing Address: Current Mailing Address: P.O. BOX 110156 NAPLES, FL 34108 US 4985 E TAMIAMI TRAIL NAPLES, FL 34113 US FEl Number: 59-2528568 FE! Number Applied For ( ) FEI Number Not Applicable t ) Certificate of Statu.. Desired I Name and Address of New Registered Agent: Name and Address of Current Registered Agent: WHITE, WILLIAM 0 2310 DELLA DR NAPLES, FL 34117 US HART, STEVE 4985 E T AMIAMI TRAIL NAPLES, FL 34113 US The above named entity submits this statement lor the purpose 01 changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: STEVE HART Electronic Signature of Registered Agent 04/2812006 Date OFFICERS AND DIRECTORS: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: Title: Name: Address: City-51-Zip: Title: Name: Address: City~st-Zip' Title: Name: Address: City-51-Zip: Title: Name: Address' City-51-Zip: Title: Name: Address: Cily-St-Zip: Title: Name: Address: City.St-Zip: ASfv1 ( ) Oelele WHITE, WILLIAM 0 2310 DELLA DR. NAPLES, Fl 34117 Tille: Name: Address: Cjty-St~Zjp: PO (X) Change ( ) Addition BOLTON, PETER 3409 SKYWAY DR NAPLES, FL 34112 VD (X) Change ( ) Addition HOLDER, STEVEN 4096 SKYWAY DR NAPLES, FL 34112 SO (X) Change ( ) Addition EDMANSON, TRACY 3904 SKYWAY DR NAPLES, FL 34112 DT (X) Change ( ) Addition KASER, JAMES 4119 SKYWAY DRIVE NAPLES, FL 34113 ATO (X) Change ( ) Addition HART, STEVE 4985 E TAMIAMI TRAil NAPLES, FL 34113 ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Chapter 119, Florida Stat~e~. I further certify that the information indicated on this report or supplemental report is true and accurate and that my elect.ronlc signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida statutes; and that my name appears above, or on an attachment with an address, With all other like empowered, DVP ( ) Delete MYERS, ROY 3874 SKYWAY DR NAPLES, FL 34112 Title: Name: Address: City-st-Zip: o ( ) Delete ETTER, ROBERT 3940 SKYWAY DR. NAPLES, FL 34112 Title: Name: Address: City-51-Zip: DT ( ) Delete KASER, JAMES 4119 SKYWAY DRIVE NAPLES, FL 34112 Title: Name: Address: City-St-Zip: OAT ( ) Delete HARRY,BOB 4084 SKYWAY DRIVE NAPLES, FL 34112 Title: Name: Address: City-SI-Zip: o (X) Delete MURRY, ROBERT 711 HILlSDALE WYANDOTIE, MI 48192 Title: Name: Address: Cily-St-Zip: SIGNATURE: PETER SOL TON Electronic Signature of Signing Officer or Director PD 04/28/2006 Date AFFIDAVIT I December 11,,200 Page 7.8 0114 We/I, P.n-~a... G-. ~....-:-C~ ~~.~.= ~""""~eing first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize O. Grady Minor & Associates. P.A. to act as our/my representative in any matters regarding this Petition. Signature of Property Owner ~-;;~o;:rty Owo" PZ;--?Q.... G-. ~v:-c..... Typed or Printed Name of Owner ~(IZ\",~,,,,,, t....:> ",'" 6- s;, "........ =r:,- <.. Typed or Printed Name of Owner , 1-'" Th~regoing instrument was acknowle~ed before me this 22- day of J ""n vcoo ^1 ,200 7 , by / ",!e"" G,.",.., r So /h->-, who is personally known to me or has produced P!~ de... 01.--. v'" r L.../cL r?JC:as identification. C^ <-..- State of Florida County of &.o!..-"" I oS'\. (Signatu of Notary Public State of Florida) JAIRO GUTIERREZ ,ota:'\ ~\ Notary f=lubhc. State 01 Florida i Commisslon# DO 564847 My comm. eJ(p\res June 25. 2010 (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8A COVENANT OF UNIFIED CONTROL December 11, 2007 Page 79 of 147 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as 4226 Skvwav Drive . Nanles. Florida 34112 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for an amendment to Shadowwood planned unit development LPUD) zoning. We bereby designate Fe:.,~17 <1 P-:><>L-,0I'oi legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, Of safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those tenns and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit deveiopment, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until~e oject is brought into compliance with all terms, conditions and safeguards of the planned unit development. o-l>-.. -:-- - Owner ~ wner ;0 Printed Name ?""'9. ~1C'c.~ Printed Name ~(LZ)l~<"'"'-::- ~\\-4..tS" ~~"""'--+ ~~t- STATE OF FLORIDA) COUNTYOF CO<-J..-.<~ Sworn to (or affIrmed) and subscribed before me this it ~r" &CVl f 60/ /-zhr --F!oY>d<=- dYlO/,..,.,. !IC-. asiden' _IJ,; ~ '22' day of :J '" ,..., va,. ^1 .200 7by who is personaliy known to me or has produced ~c-s GwI?G~-Z ,~x~ ":ip1t JAIRO GUTIERREZ Notary Public. Stale of Florida Commission*, DD 564847 My comm. el(pires June 25. 2010 (Serial Number, if any) Application For Public Hearing For PUD Rezone 6/14/04 ADDRESSING CHECKLIST Agenda Item No. 8A December 11, 2007 Page 80 of 147 Please complete the following AND FAX (239-659-5724) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNED BY ADDRESSING PERSONNEL PRIOR TO PRE- APPLICATION MEETING. Not all items will apply to every project. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) SHADOWWOOD AlRP ARK. SOUTH . I C:, - 50 - c.....(" . 2. Folio (Property ID) number(s) of above (attach to, or associate with. legal description if more than one) 73284000507 3. Street address or addresses (as applicable, if already assigned) 4226 SKYWAY DR 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (ifapplicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIPI (SIPllnsubstantial Change) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Permits) [gJ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) o FP (rinal Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way Permit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill Permit) o TDR (Transfer of Development Rights) 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: [gJ Checklist is to be Fax.ed Back 0 Personally Picked Up 12. Applicant Name Sharon Umpenhour Phone 239-947-1144 Fax 239-947-0375 13. Signature on Addressing Checklist does not constitute Project andJor Street Name approval and is subject to further review by thc Addressing Section. FOR STAFF USE ONLY Primary Number \"64-0, 0 S Address Number \'5I+~D\~ Address Number Address Number "" . Approved by ;1lL,'_f-.......s fV\G')( !2....- Date ID -C1.-0(.., PUDA-2007-AR-1l283 REV: 1 SHADOWWOOD PUD Project: 19990174 Date: 2/20/07 DUE, 3/20107 Agenda Item No. 8A December 11, 2007 Page 81 of 147 /~:~~. 6~~~-~"" //~~... ~, /'.-<,v/ ...~,'.':\. ' \ ! '\'"1 , . . ".~ \ ["II/~. L l .L~'~'l '.~ L... .'.' .' ..'.'....,. ;'..___~r ~..' t :ti"c.>== =;.~. ;'';;::; t;J \%\, ":'-?l~~Wo J -~'~\'.'.'.J \ '//~i . ~ ~_/ .7 " ,.y -<," . ",~",y '-".J.~_L.J...:..iJ..;.:l.\." COLLIER COUNTY WAIVER API'LICA nON FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SlJRVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ravrnond V. Bellows. Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Shadowwood PUD Amendment LOCATION: (Common Description) A portion of Section 16. Township 50 South. Range 26 East: the site is generallv located one mile west of CR 951 (Collier Boulevard) on the north side of Rattlesnake-Harnmock Road. SUMMARY OF WAIVER REQUEST: The subject propertv has been cleared and utilized as an accessory to the private air park. including the runwav and maintenance facilities. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a HistoricaVArchaeological Survey and Assessment. Once the waiver application has hcen submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrat.e tllat the area has low potential for historical/archaeological sit.es.) Hi~1(l1ic Prcservaticn:'f,mm;/lli30i(J4 Agenda Item No. SA December 11, 2007 Page 82 of 147 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Wing South. Inc. Mailing Address: 4130 SkYWay Drive. Naples. Florida 341 12 Phone: FAX: B. Name ofagent(s) for applicant, if any: Heidi K. Williams Mailing Address: O. Grady Minor and Associates. P.A.. 3800 Via Del Rev. Bonita Sprin~s. Florida 34134 Phone: (239) 947-1144 FAX: 239-947-0375 Name ofowner(s) of property: Wing South. Inc. Mailing Address: 4130 Skywav Drive, Naples. Florida 34112 Phone: FAX: **Please see zoning authorization (copy attached) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book pagc (obtainable fi'om Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only I or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: _Wing_South Condo Plat Book 4 Page_46_Unit Block Lot Section 16 Township _50 Range _26 Hisrori.t Pr(;;,>cly,nkmiForms,'J 1 i.3(Jifl4 2 Agenda Item No. 8A December 11, 2007 Page 83 of 147 B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility ofthe applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 Yz" x 14") folder. Signature of Applicant or Agent /~j~~ ' ~ Printed Name of Applicant or Agent Heidi Williams --------~-----------------------~------- --------------------------- -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES IHVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: I. Approved on: By: 2. Approved with Conditions on: (see attached) By: 3. Denied on: (see attached) By: Historic Prc.<lcrvntion!Fllml;:;!ll /30,.-04 4 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREQUEST Agenda Item No. 8A December 11, 2007 Page 84 of 147 I " -"'>'t -;,';,' --" APPLICANT INFORMATIQN - ~:c;,/_~ ,,'~;~'-'.c "1;- ,','" ':1 NAME OF APPLlCANT(S) WING SOUTH. INC. ADDRESS 4130 Skvwav Drive STATE FL ZIP 34112 FAX # TELEPHONE # E-MAIL ADDRESS: CELL # ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): !-EGAI DESCRIPTION' Section /Townsh ip /Range Lot: Block: Plat Book 1 9 Page #: 79 16 / 50S /~ Subdivision:AIRPARK SOUTH OF SHADOW WOOD Property 1.0.#:73284000507 Metes & Bounds Description: See Attached I TYPE OF SEWAGE DISPOSAt. rOBE pROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM o x o o o ;'i\' . TYPE OF WATER SERVicE TO BE PIW\6IDED a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME _____________________________ d. PRIVATE SYSTEM (WELL) 0 STATEMENT OF UTILITY PROVISIONS - page 2 Agenda Item No. 8A December 11, 2007 Page 85 of 147 tCi:(:,tiiP,OPUbAt10N' ro BE S~VEI): 1 0 REAl< AND AVE~GfOA.u-Y[)EMANbs.: A. WATER-PEAK 2310 GPD AVERAGE DAILY B. SEWER-PEAK 1300 GPD AVERAGE DAILY 1 S40 GPD 1000 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2008 !iA,RMTIVE ~te.TEMt:Nt Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Proposed 5 lot subdivision is located north of Rattlesnake Hammock Road. It is part of the 50uth County Water System and Wastewater System. Sanitary sewer connection will be by extension of the existing 8" sewer gravity sewer. Existing wastewater pump station has adequate capacity. Water system connection will be by connection to the existing water main on opposite side of the road and extension of services to new lots. Anticipated water /wastewater demands: . Water at 154 GPDC @ 2.0 person/unit ADF S x 2 x 154 = 1540 GPO MMOF 1540 GPD x 1.5 = 2310 GPO . Wastewater at 100 GPDC @ 2.0 persons/unit AOF 5 x 2 x 100 = 1000 GPO MMDF 1000 x 1.3 = 1300 GPD Peak Hourly Flow = 1000 (4.41)/24 = 1 84 GPH Agenda Item No. 8A December 11, 2007 Page 86 of 147 ~QfjLIE6CQU't>iTY(l!}mf~!lfYDE~j(:A't1QMSj'i6.:'!'~MENt: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. S.T~TEr;jENttW Ay"l!~a.IUTY CAr.icjTYFRQ~ otHER ~RQ\(i[)ER~:Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Agenda Item No. 8A December 11, 2007 Page 87 of 147 ORDINANCE NO. 07. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 8249, THE SHADOWWOOD POO BY AMENDING THE COVER PAGE; BY AMENDING SECTION 4.2., PROJECT PLAN AND LAND USE TRACI'S; BY AMENDING SECTION 4.4.C., MAXIMUM DWELLING UNITS; BY AMENDING SECTION S.2.A., P.U.D. MASTER PLAN; BY AMENDING THE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Wing South, Inc.. represented by Heidi K. Williams, AlCP, of Q. Grady Minor & Associates. P .A., petitioned the Board of County Commissioners to amend the ShadowWood PUD (Ordinance Nnmber 82-49). NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE, AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 8249, SHADOWWOOD PLANNED UNIT DEVELOPMENT The Cover Page of the Development Plan (also known as the Planned Unit Development Document), previously attached as Exhibit "A" to Ordinance Number 82-49 for ShadowWood PUD, is hereby amended to read as follows: PREPARED BY: WILSON, MILLER, BARTON. SOLL & PEEK. INC. 1383 Airport Road North Naples, FL 33924 REVISED BY: O. GRADY MINOR & ASSOCIATES 3800 Via Del Rev Bonita SorinQ:s. FL 34134 SECTION TWO, AMENDMENTS TO SECTION 4.2., ENTITLED "PROJECT PLAN AND LAND USE TRACTS" OF ORDINANCE NUMBER 82.49, SHADOWWOOD PUD Paragraph 4.2., entitled "Project Plan and Land Use Tracts" of the Development Plan (also known as the Planned Unit Development Document) of Ordinance Number 82-49, for ShadowWood PUD, is hereby amended to read as follows: 4.2. PROJECT PLAN AND LAND USE TRACTS: For the purposes of gross residential land llse area, the subject property is ::1:168.1 acres. The project plan including street layout and land uses is illustrated in Exhibit "B", PUD Words SllIlSli: ihra1:tgk are deleted; words underlined SIe added. Pagelof3 Master Plan, y,ri:l3eH, Uiller, BMteH, Eell &. Peek, !Be., DfR..iHg File tIe. RZ 59. The project shall consist of five land use tracts of general area and configuration as shown in Exhibit "B". Agenda Item No. 8A December 11, 2007 Page 88 of 147 Tracts A & E - Multi-family Residential Tracts B - Single Family Residential Tract C - Private Air Park District Tract D - Commercial Entrance Drive ::t 113.3 Acres :t HS.68 Acres :t ;.+.,8.35.82 Acres '" 10.3 Acres :t 3.0 Acres :t 168.1 Acres Total Area Assuming favorable economic and market conditions, it is the project sponsor's intent to complete development of the property within six years. The total maximum residential units will be ~574 units at a maximum density of 3-,6 3.4 Wlits per gross acre. SECTION THREE, AMENDMENTS TO SECTION 4.4.C., MAXIMUM DWELLING UNITS, OF ORDINANCE NUMBER 82-49, SHADOWWOOD PUD Section 4.4.C., entitled "Maximum Dwelling Units" of the Development Plan (also known as the Planned Unit Development Document) of Ordinance Number 82-49, for ShadowWood is hereby amended to read as follows: C. Maximum Dwellinl! Units: A maximum of -HlQ residential dwelling units may be constructed. SECTION FOUR, AMENDMENTS TO SECTION S.2.A., ENTITLED "P.U.D. MASTER PLAN" OF ORDINANCE NUMBER 82-49, SHADOWWOOD POO Section 5.2.A., entitled "P.D.D. Master Plan" of the Development Plan (also known as the Planned Unit Development Document) of Ordinance Number 82-49 for ShadowWood is hereby amended to read as follows: A. The PUD Master Plan ('1Fusea, Hiller, BarteR, Sell & Peel~, me. DrB- ing Fide ~IB. RZ j9, Sheet 1 ~ is an illustrative preliminary development plan. SECTION FIVE, AMENDMENT TO THE PUD MASTER PLAN, OF ORDINANCE NUMBER 82-49, SHADOWWOOD POO The PUD Master Plan has been revised as shown in Exhibit B. attached hereto and incoroorated bv reference herein. to increase the size of Tract B. Sine:le-Familv Residential. and decrease Tract C. Private Air Park. bv 1.98:i: acres. This ulan. drawn bv O. Gradv Minor & Associates. P.A.. modifies and [enlaces the oril!inal Master Plan onlv to the extent that the tract adiustment described has been altered. All other boundaries are intended to he as orie:inallv adonted. SECTION SIX, EFFECTIVE DATE Th.is Ordinance shall become effective upon filing with the Department of State. Words s\:uwk thrBygll. are deleted; words underlined are added. Page 2 of 3 Agenda Item No. 8A December 11, 2007 Page 89 of 147 PASSED AND DULY ADOPTED by super-majority vote by the Board of County .~ Commissioners of Collier County, Florida, this _ day of .2007. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk JAMES COLETTA. CHAIRMAN Approved as to form and legal sufficiency: / Marjorie M. Student-Stirling Assistant County Attorney -. Words stFuek ilifsuga are deleted; words underlined are added. Page 3 of3 Agenda Item No. SA December 11, 200.7..... . , Page 90 of 14 \~' ./ . !". '. ORDINANCE 82 - ~ AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONINa REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COU~TY. FLORIDA BY AME~DINa THE ZONINa ATLAS MAP NUMBER 50-26-5 BY CHANGINa THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2. Rsr-4 & C-4 TO PUD PLA~NED U~IT DEVE~OPMENT FOR "SHADOWWOOD" LOCATED AT WI~G SOUTH AIR PARK: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. The Rookery, Ltd, petitioned the Board of County Commia5ioners to chan;8 the ZoninQ Clasaificat10n of the herein descrlbed real property; NOW, THEREFORE BE IT ORDAI~ED by the Board of County Commi:S,51.0ners of Collier County. Florida: Section One: The Zoning ClassificAtion of the herein deacrlbed real property located in Sectlon 16, Townahlp 50 South, RanQe 26 Ea.t. Collier County, Florlda is chanlled from"A-2. RSF-4 & C-4"to "PUD" Planned .Unit Development 1n accordance with the PUD doc~ment attaChed hereto as Exhlbit "A" which 1s incorporated herein and by reference made a part hereof, The Official ZoninQ Atla. Map Number, Number 50-26-5. as described in Ordinance 82-2, is hereby amended accordingly. Section Two: ,., Thl~,Ordinance .hall become effective upon receipt of ", " , > . . '" '" ... .. !:l .. ~ ... o ... VI ;! ;;I' 1r ~. ""T1 - (Q r- tl rT1 ~O .. . c:D' -' ..... '.: !:; '" ~... MOK 015 fACE 161 ....,' n' EXHIBIT "A" I,.' ., ~' , , . , .. .~~. .:i'! "';i1 .....i.,..1$ i .::.,'~ .'" :---'.l~ .....,. o'_~ , ""~I' .-:z::;; :.k ;'.~ J ';~ ., "J., '~ '.~:;;';" Agenda Item No. 8A December 11, 2007 Page 91 of 147;':i\1~' _.,.'Ii .' . , ,~; ..;.. notice that 1t has been filed with the Secretary of State. D~TE: July 13, 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C~' ~S!~M~RMAN :1 . CI~: -::~~;-.. . , ';~Jo .~:~~ :,.'~ ':'It' , /:':- :~..,; '.' ~. ~'~ ~;"~ <~ ,H BY: STA'IE OF FLORIDA ) CXXNIY OF COLLIER ) I, WILLIA.'I J. REAGA.'l, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true origin.l of: ORDINANCE NO. 82-49 .ilich was .dopted by the Ilonrd of County Conmls~ioners during r.egular Session July 13, 1982. 1\'IThESS mv hand and the official se.l of the Iloard of County Com- mis.loners of Collier County, Florida, this 13th day of July, 1982. WILLI"'" J. PEAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners B '7~_ .. //~ >'V~~gr1, ~(lU(y "c(j1k. '. <~ .:~ ;'1( ,,-,::!~; ':"~',,\liI\~':&,'\,': ."J" "':t'. tr,. ',".' j .::" Thls ordlnnnce filed with the' SecretaI')' of Stnte's office the 26th day of ., July, 1982 and ncknowlcJ~cment of thut fil1n~ received this 28th d.'y of JUly,1982. Br: ~'_'" VlT~ln~"~r ,pu y . or aOOK 015 PAcd6.a ,{, .> ,r ~I' i ..: ~ :,,~<:.).;.::lt i: '::.::!i.:..A~. ",t-f,,'j":f'o-1~ ft":::"_,"'(,l;t .' . "1'.\" 'I:,,!. ~f ::i:;;U:~~ ,', :...,,,,....I.~ -I; :~:1~:'h(~:,~ 'h -.'~ :!:r:~ .... - .-.-.-----.-...-..----- .._-...--- ,. -.----....- ShadowWood PLANllED UNIT DEVELOPMENT Located in Section 16 Township 50 South, Range 26 East PREPARED BY, WILSON, MILLER, BARTON, SOLL , PEEK, INC. 1383 Airport Road North Naples, Florida 33942 DATE ISSUED DATE APPROVED BY CAPC DATE APPROVED BY BCC 6-24-82 6-17-82 7-13-82 ORDINANCE NUMBER, 82.49 Agenda Item No. 8A December 11, Page 92 0 &OOK 015 fACE 163 Agenda Item No. 8A December 11, 2007 Page 93 of 147 TABLE OF CONTEHTS PAGE SECTION I STATEMENT OF COMPLIANCE 1-2 ,-'.', .);,}~ . ..~i": '."(?~;:;1 SECTION II STATEMENT OF INTENT 3 ;.~ ." SECTION I II PROPERTY OWNERSHI~AND LEGAL DESCRIPTION 4 SECTION IV' GENERAL DEVELOPMENT REGULATIONS TRACTS A & E- MULTI-FAMILY RESIDENTIAL TRACT B - SINGLE FAMILY RESIDENTIAL TRACT C - PRIVATE AIR PARK DISTRICT TRACT D - COMMERCIAL 5-14 SECTION V GENERAL DEVELOPMENT COMMITMENTS 15-16 !O~~ 015 PAcd64 ~~--.......- - . .......---................ Agenda Item No. 8A December 11, 20 7 Page 94 of 1 SECTION I STATEMENT OF COMPLIANCE -~ f ! The purpose of this section is to express the intent of The Rookery, Ltd., 706 5th ^venue South, Naples, Florida to develop =168.1 acres of land located in Section 16, Township 50 South, Range 26 East, Collier County, Florida. The name of this proposal development shall hence fortn be know as ShadowWood. .! ::- ':', The development of ShadowWood as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive plan. The residential development with associated recreational and private aviatlonal facilities will be 'consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following re.sons. 1. The subjoct property has the necess.ry rating points to determine availability of ~dcqudte community facilities and services. 2. The project development is compatible with and complimentary to the surrounding land uses. J. The subject property will provide a vegotative buffer between the property and Rattlesnake Ullmmock Road, the surrounding vacant lands, and the single family residential units to the \oIest. 4. The developmont shall consist primarily of multi-family residential clusters and shall thereby provide mare common open space. I. " . " ~ ? 5. The development shall utilize natural systems for water manaqement such as the cypress, willow, lower wetland areas, and natural drainage courses. 6. The development shall promote the maintenance of the residential neighborhood and be aesthetically pleasing and functionally efficient. .' '( ;, t ;.. l -1- IO~~ 015 PACE 165 ... ~._- ....-..-. -. -_... ... Agenda Item No. 8A December 11, 2007 Page 95 of 147 7. The number of egress and ingress points shall be limited to minimize the impact upon the traffic flow along Rattlesnake Hammock Road. 8. The development is complimentary to and consistent with the Collier County Comprehensive Plan Land Use Element. 9. The land may be used more efficiently, and made more desireable resulting in a smaller network of utilities and streets with consequen~ lQwer construction end future maintenance costs. 10. Through proper planning and good uniform development control, the development shall protect property values and meet th~ general public welfare and safety of the citizens of Collier County. 11. The project will enable and encourage compatibility with the natural amenities of the environmental as well as pres~rve and enhance present advantages. 12. The application of the development plan will permit flexibility and featllrc amenities and excellence in th.: form o! variations in siting, mixed land uses and varied dw~11in9 types, as well as a~uptation to and con8crv~tion of th~ topography and other natural characteristics of the land. ,-3". With proper uniform quality large scale development, the project may best serve the public interest with alternate mixed land uses. -2- ~O~K 015 fACE166 .- ..----.-..-.- --.-.... --~- .~.': :~::; .:,it;.'~j '1.~ ,;'r\' : "~l:.: '" ...i-", ".\T~: ""-' Agenda Item No. 8A December 11, 20 7 Page 96 of 1 I ;' SECTION II STATEMENT OF INTENT It i. the property owner's intention to continue the development of a single and multi-famlly residential project with recreatlon~l, commercial, and avlational facilities, and other support facilities requlred of a development surrounding a private air park community. The project was initiated in the early 1970's with the development of Single family residential condominium lots with common facilitles. \ ,~- As part of the same property, It is the intent of The Rookery, Ltd. to contlnue to develop a condomlnlum complex consisting of cluster vlllagesl multl-fomily residential unitsl single family residentl.l lotsl and variod dwelling unit types. The units shall be center~d around major points such as the air park, lakes, pine ~nd cypr~ss tr~es, common open space, anu areas of unique veget~tion. There may be recreational beneflts consisting of jogging tr.lls, para courses, private swimming pools, neighborhood parks, tennis courts, and the unique feature of a private airpark. t Residents of this project shall be afforded the opportunity to own prlvate airplanes and a slngle family residential or condominium unit with the conveniences of avlational, recreational, and commercial services among a natural scenic environmental setting_ The resldential development of low-rise mUlti-famlly and single family units shall demon5tratc a quality way of life for its residents that will be eminently d~sircable, esthetically pleasing, and environmentally sound. i' " J " ~ h < h ;. " ,.. -3- &00/ 015 PACE 167 -.............-........... ~ ..--.. ----:......---~- Agenda Item No. 8A December 11, 2007 Page 97 of 147 SECTION II I PROPERT~ OWNERSHIP AND LEGAL DESCRIPTION 3.1. PROPERT~ OWNERSHIP, The subject peopsety is cueeently undee the conteol of The Rookeey, Ltd. 706 5th Avenue South, Nsples; Floeida 33940. 3.2. LEGAL DESCRIPTION' The subject peopeety is desceibed as follows: The east 1/2 of the east 1/2 and: the noeth 1/2 of the noethwest 1/4 of the noetheast 1/4, the southeast 1/4 of the noethwest 1/4 of the noetheast 1/4 and: all being In Section 16, Township 50 South, Range 26 East, Colllee County, Floeida. ALSO LESS the south fifty (50) feet for eoad elght-of-way and any-e..ement elght-of-way of public eecoed. LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT I, a Condominium, according to the Oeclae.tion of Condominium eecorded In Official Recoed Dook 476, p.ges 304 to 350, inclusive, Public Recoeds of Colllee County, Florida, as amended. -4- -, 6O~K 015 PAcr168 .-.;#: ::~~ "~ " .;~, ':1; .f. Agenda Item No. 8A December 11, 2007 Page 98 of 147 SECTIO~ IV GgNERAL DgVELOPME~T REGULATIONS 4.1. PURPOSE: The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan. It is the intent of the project sponsor to develop mUlti-family and single family residences in a low profile silhouette with ample common open space associated with the conveniencoa of aviational, recreational, and commercial services. 4.2. PROJECT PLAN AND LAND USg TRACTS: For the purposes of gross residential land use ~reB, the subject property is +16B,1 acres. The project plan including street layout and land uses is illustrated in Exhibit "Dft, PUD Master Plan, Wilson, Miller, Barton, 5011 , Pee~, Inc., Drawing File No. RZ-S9. The project shall consist of five land use tracts of general area and configuration as shown in Exhibit "D". Tracts A , E - Multi-family Residential + 113.3 Acres Tracts B - Single F.mlly Residential + 3.7 Acres Tract C - Private Air Par~ District + 37.B Acres Tract D - Comm~ricBl + 10.3 Acres Entrance Drive + 3.0 Acres Total Area + 168.1 Acres Assuming fovorable economic and market conditions. it is the project sponsor's intent to complete development of the property within six years. -5- &001 015 PACE 169 .-- ..,P.,. - . .....~..__~_........._~u~__.,... .'" ,.,.,....-.-.._...._.._._~._ ~~ f.: ;. . ~ . .. , .~ ',~ " ~ . -. .Ii i:: ,~,~ 1 . Agenda Item No. 8A December 11, 200- Page 99 of 14 The total maximum residential units will be 569 units et e maximum density of 3.6 residentiel units per gross acre. 4.3. TRACTS A 'E: MULTI-FAMILY RESIDE~TIAL A. Purpose: The purpose of this section is to indicate the land regulations for the areas designated On PUD Master Plen as Tracts A and E. Multi-Family Residential. D. Permitted Uses and Structures, NO buildings or structures. or part thereof, shell be erected, altered or used, or land used, in whole or part, for other than the fOllowing. 1. Permitted Principal Uses and Structures' a. Multi-Family Residences. b. Common open space, recreational facil.ities and water management facilities. c. ~ine hole golf course with the typical facilities of a private country club. 2. Permitted Accessory Uses and Structures: 4. Customary Accessory uses and structures. b. Signs as permitted at time of permit application. c. Airplane hangers and tie dOWns. d. Private road, pedestrian and bicycle paths, boardwalks and cross-walks, jogging and nature appreciation trails, or other similar facilities constructed for purposes of access to Or passe9_ through th_ common ar.as. e. Lawn or golf course maintenance shop and equipment storage. -6- &001 015 PACE 170 .... .~...- ... ....-.- ...- .... ...._r4._..-'.~. .,..~_.._~.... ... ...--, Agenda Item No, SA December 11, 20 7 Page 100 of 1 C. Maximum Dwellinq Units: ~ maximum of sse residential dwelling units. D. Minimum Yard Requirements for Principal Structures, 1. Depth from property boundary line (35) feet. 2. Depth from edge of all private paved roads (25) feet. 3. Minimum distance between any two (2) principal structures on the same parcel shall be fifteen (15) feet. 4. Minimum distance between a development phas~, or condominium tract line and any principal structure shall be seven and one-half (7.5) feet. E. Minimum Yard Requirements for Accessory Structures: As required by the Collier County Zoning Ordinance. F. Minimum Floor ^rea of PrIncipal Structures: 900 Square feet for each dwelling unit. ;. ~; G. Maximum licight of Principal Structure: Three (3) living stories above one story of parking with a maximum height of forty-five (45) feet. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum bas~ fJood elevation required by the Flood Elevation Ordinance. t,' t} H. Minimum Off-Street Parking, Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces/unit paved and .5 parking space/unit reserved for paving at a time deemed to be appropriate by the County. ;'. t I. Limitation On Siqns, As permitted by the zoning ordinance in effect at time of application for building permit. 4.4. TRACT B, SINGLE FAMILY RESIDENTIAL A. Pu~, The purpose of this section is to set forth the development pl~n and land regulations for the areaS dealgnated on PUD Master Plan as Tract B, Single Family Residential. -7- aOOK 015 lACE 171 J B. Permitted Uses and Structures. Agenda Item No. SA December 11, n ~ Page 101 No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,.' for other than the fallowing. 1. Permitted Principal U.es and Structures, a. Single Family Residences. b. Common open space & water management facilities. 2. Permitted Accessory Uses and Structures. ft. Customary accessory uses and structures. b. Recreational uses and facilitIes. c. Airplane hangers or tie downs. C. Maximum Dwelllnq Units. ^ maximum of 11 residential dwelling units may be constructed. D. Minimum Yard_Requirements. 1. Front Yard - 25 feet 2. Side Yard - 7.5 feet 3. Rear Yard - 25 feet 4. ^ccessory structure as required by current zoning ordinance. E. Minimum Lot Width' 100 feet. F. .Minlmum Lot Area. 12,000 square feet. G. Minimum Floor ^rea of Principal Structure: 1,200 square feet exclusive of patio, garage, and/or airplane hanger. -8- &OO( 015 PAcE17l ~~.~.~... 6.I.~'.fl,l:.'.!I'.....:..~_..':.' -= .....--.....--.... _.---_.~-- ....~.._~. ~. Agenda Item No. 8A December 11, 2007 Page 102 of 147 H. Maximum Height of Principal Structures, Three (3) sto.iea above the finish grade of lot or from the minimum base flood elevation required by the flood elevation ordinance. I. Off-St.eet Parking Regui.ementsl Two (2) spaces, at leutone of which shall be located within the permitted building area. J. LandaC8pi"q and Buffer: All buildings, enclosu.es, o. other st.uctures construQted fo~ purposes of maintenance, shall have ~ppropriate screening and landscaping. 4.5. TRACT .c., pnIV^T8 AIR PAnK DISTRICT: ^. Purpose!: The 'Jurpose of this section is to indicate the development plan and l~nd regulations for the areas designated on the puo :~aster Plan 08 Tract "en, Private 1\lr Park: District. R. Ocve:opment Plan: 1. ';he pdm..y pu.pose of this T.act will be to provide the nec~8nary aviational support facilities to ..ccommodiltC' 8 private llirport. These areas shall be utilized only in acco.dance with the p.ovisions necessary to m~intain and operate the privQte air pa.k. 2. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and othe. vegetatlon an butrer sholl be protected and p.ese.ved no long as such plant life shall not inte.fe.e with the control of .i.space within 700 feet from the end of the primary runway surface. C. Uses Permitted; No buildin9 or structure or part thereof, shall be erected, altered or used, or land used, in whole or in pa.t, fo. other than the fallowing, -9- '..... ...._L_:.<.~.. ~ _ ........',. ~"""''',~'''''''. .' ...-.....-.... -... -.-.-................--- bOOt 010 PAiEllJ Agenda Item No. 8A December 11, 2007 Page 103 of 147 1. Permitted Principal Uses and Structuresl a. Airport runway and administration building. b. Airport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling and service shop. d. Aviational maintenance and service shop. e. Water management facilities. f. Any other similar aviational support facilities that may be necessary or compatible with the operations of a private air park. 2. Permitted Acces90ry Uses and Structures: a. Accesaory uses customarily associated with the uses permitted in this district. b. Lawn or golf course maintenance shop and equipment storage. c. Signs as permitted at time of permit application. D. Minimum Yard RequIrements: 1. Setb~ck from edge or primary runway surface - '00 fC!l!t. 2. Other structures must conform with setbacks of the abutting properties land use regulationSI however, they may not be placed within fifty (SO) feet of the primary runway surface. E. Control of Airspace, The control of the airspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The control shall be of such a nature AS to prevent any airport hazards from being grown, erected, or otherwise placed within a glide path of 20,1 from the ends oC the primary runway surface. -10- ~:1~.' " )\ "~';{ '. -'" -~ ___ _ __,. 9"_ _~.,.. .-- ..._-_.~, .,.. ~_...__.__ ~OQK Q15 rm174 ,"it ,~ L,..~ i{,.! ,.~. . Agenda Item No. SA December 11, 2007 Page 104 of 147 4.6. TRACT "0" - COMMERCIA~ A. Purpose: The purpose of this Section is to set forth the development plan and land re9ulations for the areas designated on PUD Master Plan as Tract "0", Commercial. B. Uses P..rmitted, No building or structure, or part ther..of, shall be e~ected, altered or used, or land used, in whole or part, for other than the follo~ing. 1. Permitted Principal Uses and Structures, aJ Antique shops; art studios: art supply shops I aviation fuelin9 facilities ~ithout repairs/ aviation maintenance and service shop, airplane hangers and tie-downs, administration building. b) Bakery shops, barber and beauty shops: bath supply stores; bieyclc sales and services: blueprint shops: bookbinders; book storesJ business machine services. cl Churches and other places of worship: clothing stores/ cocktail lounges, commercial recreation uses - indoor: commercial schools: confectionery and candy stores. d) Delicatessens; drug stores; dry cleaning shops/ dry goods stores, and d=apery shops. fl Florist Shops. - 11- ...~ '-'; .--"".-.... _....-_._-_._~--.......... ..,........-. ..-......- '-.. .-. ...._. l'" A: aOOK 015 IACt 175 }' '':,''1 ~; g) h) i) j) I) .i m) t ,~... ~ ~ n) 0) p) r) s) t) u) t v) 'i ~ .. w) ~~ r xl " y) .--.-...... Agenda Item No. 8A December 11, 200? Page 105 of 14 Garden supply stores - outside display in side and rear yards, gift shops, gourmet shops. tlardware stores, health food stores. lee Cream stores. Jewelry stores. Laundries - self serviee onlYI leather goodsl legitimate theatres I liquor stores, loeksmiths. Markets - food and/or meat; medical offiees and clinics; millinery shops I museums; music stores. Ne-ws stores. Office - general I office supply stores. Paint and wallpaper stores I pet shoPSI pet supply shopsl photographic equipment storesl pottery stores; printingl publishing and mineograph service shops, private clubs; professional offices. Radio and television sales and services; research and design labs: rest.aurants. Shoe rep3ir; shoe ctores; shoPpin9 centers; souvenir stores. Tailor shops; taxidermists, tile sales - ceramie tile, tobacco shopsl toy shopsl tropieal fish stOres. Upholstery shops. Variety shops, vehiele rental - automobile onlYI veterinarian offices and elinles - no outside kennels. Water Management Facilities. Watch and precision instrument repair shops. Any other commerelal use or professional service which is comparable in nature with the foregoing uses and whieh the zoning direetor determines to be eompatible in the district. -12- &001 015 PACt 176 Agenda Item No. 8A December 11, 2007 Page 106 of 147 2. Permit~ed Accessory Uses and Structures: a) Accessory Uses and structures customarily associated with the principal uses. b) Caretaker's residence. c) Si9no.s permitted at time of permit .pplication. 3. Permitted Uses and Structures: Subject to Site Pl.n Approv.l. a) Car Nash. bl Child care center. c) Commerci.l recreation - outdoor. dl Detached re.idence in conjunction with a business - one (1) per business. e) Permitted use with lesD than 1,000 square feet 9rosO floor area in the principal structure. f) Vehicle rentals. 9) !lotel, motels, "nd time share facilities. c. Minimum Lot Area: Ten thousand (10,000) square feet. D. Minimum Lot Width, One "undred (100) feet. E. Minimum Yard Requirementsl 1. Front yard - twenty-five (25) feet. 2. Side y.rd - none, or . minimum of five (5) feet with unobstructed passage from front to rear yard. 3. Rear yord - twenty-five (25) feet. F. Distance Between Structures: Same as for side yard setb.ck. G. Maximum Heiqht of Principal Structure: 45 feet. H. Minimum Floor Are. of Structure: One thousand (1,000) square feet per bUIlding on the ground floor. I. Maximum Density; Sixteen (16) units per acre for transient lodging facilities, hotel, motels, and time share facilities with a maximum floor .rea of 500 square Ceet per unit. -13- -- ~OOI 015 ~ACE 177 -::1 -;1 " Agenda Item No. SA December 11, 2007 Page 107 of 147 J. Off-Street parkin! Re1uirementsl zoning or4inanee n e feet at the permit. AS required by the time of building -14- "11' "~f ".,H .' __~.... "0 ....... ...........lR _ ...~ ~...~~......._ U --.....~....__.._:lO....-......~~..~.~_.,:'l.-=_ .;.." .~.~ ;_.. ....... aOOK 015 fACE 178 Agenda Item No. 8A December 11, 2007 Page 108 of 147 I :' SECTION V :it:. .,~ ,': GENERAl. DEVEl.OPMENT COMMI'l'IlENTS 5.1. PURPOSE: , The purpose of this Section is to set forth the standards for development of the project. 5.2. P.U.D. MASTER P!.AN: A. The PUD Master Plan (Wilson, Miller, Barton, 5011 , Peek, Inc. Drawing File No. RZ-59, Sheet 1 of 2), is an illustrative preliminary development plan. D. The design crit"ris and layout illustrated on the Master Plan shall be understood .s flexible so that, the final design m.y satisfy the project and comply with all applicable requirements. c. ^ll necessary ~as~ments, dedications, or other instrumento Shall be granted to insure tho continued op~ration and maintenance of all service utilities. D. Minor design changes sh.ll be permitted subject to staff appt'"oval. E. Overall site design shall be harmonious in terms of landscuping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. F. To protect the Integrity of the Planned Unit Development, residential neighborhood, the only aCceS8 road 8hsll be the private road as shown on the Master Plan with an exception for temporary construction roads. G. Areas illustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliaQe as practical shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration a9 shown on the Master Plan. -15- aoo<< 015 fAcr179 ..........'. ..". ",~', l,r ,. "..1... .., ,".'.:' " , " .H_...___.._....__ .............., Agenda Item No. 8A December 11, 2007 Page 109 of 147 II. lIetlAnd subzones "A-l, A-2, h-J, B-1, C-l, E-l and E-2" (Wilson, Miller, BArton, Soll , Peek, Inc. DrAwing File 110. RZ-59. Sheet 2 of 2), Are illustrAtive subzones And will be conserved AS much as practiCAble AS storm water manaQement/open space areas. These areas will be flagged for protection. prior to development. 5.4. WATER MAtlAGEMENT. A. Detailed water mAnAgement construction plans shall be submitted to and approved by the County Engineer prior to commencoment of any construction. B. AppropriAte easements to be grAnted to Collier County for mAint~nance of perimeter s~ale system. 5.5. SOLID WASTE DISPOSAL: Such ~rrangement and ogreements as necessary shall be made with an approved solid wAste dispOSAl service to provide for solid wAste collection service to all areas of the project. 5.6. RECREATION FACILITIES: ^ minimum of throe swimming pools and three tennis courts shall b" construct"d by the project sponsor. Additional r"cr"otionol facilities may be constructed by the future rosidents of this project. 5.1. TMFFIC, ^. The proj"ct sponsor will provide to the appropriAte governmentAl aQ"ncy. an AdditionAl right-of-WAY of 11.5 feet alonQ the south prop"rty boundary line for future road widening of RattlesnD.ka lI.emmoek Road. D. The project sponsor agree. to construct A right And left turn storage lone on Rattl"snako Uammock Road for traffic entering ShadowWood and to pay hi. proportionote share of the costs of a traffic signal at the project entrance when required by the appropriate gov"rnmental agency. C. ^ sidwalk shall be constructed on one side of the main entrance road into the proj"ct. -16- ~ --.-. .., .. . - ...._.~~:r--'""-...-..--...... .-.~,..---_.- ~OOK 015 PAcr 180 Agenda Item No. 8A DeCpembe1r1101, f20077 ''', J age 0 14 , 5.8. lJTILITIESI -- .-...- .-. ..-- A. A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. E. All areas of the project shall be served by a central wastewater collection system and by an existinq off-site waste water treatment plant. The existinq plant shall be expanded as may be needed to me~t the anticipated demands. Plans and D.E.R. permit applicatio~s for the sewaqe treatment plant shall be submitted to the Utility Division. C. The project sponsor aqrees to comply with all applicable County laws and ordinances qoverninq utility provisions and facili ties. D. Telephone. power and T.V. cable service shall be made available to all residential aroas. All such utility lines shall be installed underground. -17- .-.1....... .._", . h'" - - ..- ........- eOOK 015 tACE 181 ~J " ;:~ ";;. ',; , .t . ~1 :'1 'et ",;. .... .". '". :If"" . ~. . ~., 'l(lr ill oj '" fL r (8P~Y. 910 XOOQ w.::--:--::..,--:::-~---. .~.." ':".~~~ ,J "1111 :,";'1" ,r', I',. . ! ~ II , 'p i ~ I,'" . I - "'-- ">' r .; : ; It . ,:::',.[ .1).:': '... ;: p0~~:'...;.....~. I . ,1 I. '- . -. . ,_~. ~'. : j . II r ~\ ~ . 'P~::.'\'~' II ,. . (...- ~;;:- ; r . II . 1..~ '~; . ~ . 1\.., :': ';.,_ . ~ ,,' . j., -.J: ili '1_....1'1. ! : ! ': '-'~:::"~~~';I:+ ~-)":"~' I' . h r'~......;".....r ,....._.... . . .r ~v.,,/ '-~.. i ~ ' : '"' , i' \~ I !:.~ t- l. , 1 Iii' I)! ;. i: ~I:;: I ) , ~: , I I.: / ~ "i' j i: I; . , I~' ilj; : r '~((~~J. -, : ;rQ~\ ' ." .r: 'i-I II .r:' ',. 'I' II .c-:./;'.' I ,1 l !ff.! I : : I - .' Wj'/'1 ~ . :~! '" . .if'. . ",'.0.) j /U , ~ :, to '.' . I ,') ~<.. ! : '. , II OJ . V,/ '.I. <~;. 'I' .,0'10 \...A . r:. ,: . (':i~:~\: II . '---,(. i~'.1,) !Iii~.>((/A ~. '~:;'...I.J.),,) ._.._.JL:.::r lJJl. .[1 \'\)'--"-- ""'. ~~ . - 1..0; ~ r ; ! : \""\'::.~ t:::J ~--:jl x~ < ':::,''';: . '--' .... ~,\ =::::'\,(" . ' . '). I \> '=:::!1 ~ =.......' . [j I ,-- \..:..-;-.-=7-.-;r,J.l -- ~ ~ ';)~ 9 i ''"';)' ~'. ;\'\ "~ ~~~..: ~/ --., .'::.-',:... -',. . .... '. .', ... ..:.. ,I' " . !J:l . ...11 ; II ',' "-L. " I:! .. Ii <(1-- COO o ON Z~- E~ "'~ ~'" -.0 roE "0", C'-' (1)", :to ----- ---------- W ___ ----:-Ov~~~ 3>Misnu s::J Iq~H , ~:! r ~~ ~ o 9 I~HH ~q - . ~ < ~ lu ~ ~ ~ SL~ a~~~~ ~ iu ~ ~ I I I lj i i i B o ~i Ii o o ~ ~ i1l $ zo "'~ o CI i7i~ ~ W~ [3 !1i >- h:~Vl~ O~~:::E ~~~~ -,":I:Ul <( U'" ~gO:C . " llJ I-u -co ~~i5~~ ~tIl~~CO l-~~~~ :::E -JOO OZZ~~ t:r:QOLJi- l.J...I-WZ 8~i=~g ~<v)~t3 a::...JZSt!) ~~~,~ c:::w-:c~ C:::~ClU ~()t:r:5>- 3; -:;i~~ t::35~~ ~[L~~5 Xa::~~(Q wl.L.Jl-~ U1tn~Ul~ ~~5~3: w b z ~, '-.- ~ ~ ~ ~ '" ... ~ ~ ~ ~ Ii 0 -~ ~ ~ a ~ . ~ ""~ I ~~ i ~ ill i 151", !! 00 . ~ " ;1 <.;:l .!i~ ,>- ~ ~n~ ~ ~ o ~ ~ Ii 2S ~. '~ ~h. i ~~" , "Ol! . il- ; ~.. i 0'6 . Co = f-:- .~ ::t >< w ." . I I i ! ; Agenda Item No. 8A December 11, 2007 Page 113 of 147 '. ORDINANCE 82 - -12- AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5 BV CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2. RSF-4 & C-4 TO PUD PLANNED UNIT DEVELOPMENT FOR "SHADOWWOOD" LOCATED AT WING SOUTH AIR PARK: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. The Rookery, Ltd. petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED by the Board of County Commissloners of Collier County, Florida, Section One: The Zonlng Classificatlon of the herein described real property located in Section 16, Township 50 South. Range 26 East. Collier County. Florida is changed from"A-2, RSF-4 & C-4 "to "PUD" Planned .Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated hereln and by reference made a part hereof, The Official Zoning Atlas Map Number. Number 50-26-5. as described in Ordinance 82-2, 1s hereby amended accordingly. Sec ti on Two: ,.. Th1~,Ordinance shall become effective upon receipt of .', : r'., , ., . I ,.: :~. :w"t "'1;' ,,~ . ", '~l .:. "'''-,,) .',4* '.j~. I ...~.' . .'1';"" "* "~, ,;., VI ,., <"> .. "' ~ ... ... .. o ... ... ;;! ~ "' "- ~ . 11 "j~C\ - ~J.l (Q r-;f~,; · :tt~, t: rn '.,.,':. ~O .. CD. ...... ,. '" ;.,-) 800K 015 fACE 161 ---....-----.--.'.. .._-~---.- -~". " Agenda Item No. 8A . December 11, 2007 Page 114 of 147 ,; . notice that it has been filed with the Secretary of State. OAT!:, July 13, 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Ck(J~ C. R. "RUSS" WIMER, CHAIRMAN STATE OF FLORIDA ) ~". OF COLLIER ) I, WILLIA.'l J. REA~'1, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida. do hereby certify that the foregoing is a true original of: ORDI~,~CE NO. 82.49 .ilich was adopted by the Board of COlmty Co"",is~loners during PJ!gtllar Session July 13, 1982. 1\TIXESS my hand and the official seal of the lloard of County Com- missioners of Collier County. Floridn. this 13th day of July, 1982. 11- :t .~ , :~i ,,~ ..~..\:'. . . -,,~ ' ".".'i~" ,.,r.. ; . ',.' . I '~ WILLIA" J. PEAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~~ B>' "" . . VI rpn . ngrf, n;,~u 't- This ordinance July, 1982 and July, 1982. filed with the' Secretary of State's office the 26th dny of received this 28th dk,y of MOK 015 rACE 16.2 ShadowWood PLANtlED UNIT DEVE:LOPME:NT Located in section 16 Township 50 South, Range 26 East PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEK, INC. 1383 Airport Road North Naples, Plorida 33942 DATE: ISSUED DATE: APPROVE:D BY CAPC DATE APPROVED BY BCC ORDINANCE: NUMBE:R: &OOK 015 PACf 163 r 6-24-82 6-17-82 7-13-82 82.49 Agenda Item No. December 11, 2 Page 115 of Agenda Item No. 8A December 11, 2007 Page 116 of 147 TABLE OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE 1-2 SECTION Il STATEMENT OF INTENT 3 SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 4 SECTION IV GENERAL DEVELOPMENT REGULATIONS 5-14 TRACTS A & E- MULTI-PAMILY RESIDENTIAL TRACT B - SINGLE FAMILY RESIDENTIAL TRACT C - PRIVATE AIR PARK DISTRICT TRACT D - COMMERCIAL SECTION V GENERAL DEVELOPMENT COMMITMENTS 15-16 aOOK 015 PAcr 164 -----~- .- ...~_....._-"".........__.- - ~- .'<~ , .J!: ".;-~', ",C".V., Agenda Item NO.8 December 11, 200 Page 117 of 14 SECTIO~ I STATEME~T OF COMPLIA~CE 1 The purpose of this section is to express the intent of The Rookery, Ltd.. 706 5th Avenue South, Naples, Florida to develop +168.1 acres of land located in Section 16, Township 50 South, Range 26 East, Collier County, Florida. The name of this proposal development shall hence forth be know os ShadowWood. . , The development of ShadowWood as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational and private aviational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons. 1. The subject property has the necessary rating points to determine availability of ad~qudte community f8cilities and services. 2. The project development is compatible with and complimentary to the surrounding land uses. 3. The subject property will provide a vegetative buffer between the property and Rattlesnake H~mmock Road, the surrounding vacant lands. and the single family residential units to the west. 4. The development shall consist primarily of multi-family residential clusters and shall thereby provide more common open space. 5. The development shall utilize natural systems for water management such as the cypress, willow, lower wetland areas, and natural drainage courses. 6. The development shall promote the maintenance of the residential neighborhood and be aesthetically pleasing and functionally efficient. ~v, -1- ~: '!'. &OOl 015 PACE 165 Agenda Item No. SA l December 11, 2007 Page 1180f147 7. The number of egress and ingress points shall be limited to minimize the impact upon the traffic flow along Rattlesnake HammocK Road. 8. The development is complimentary to and consistent with the Collier County Comprehensive Plan Land Use Element. 9. The land may be used more efficiently, and made more desireable resulting in a smaller network of utilities and streets with cons~quent lower construction and future maintenance costs. 10. Through proper planning and good uniform development control, the development shall protect property values and meet th~ general public welfare and safety of the citizens of Collier County. 11. The project will enable and encourage compatibility with the natural amenities of the environmental as well as pres.,rve and enhance present advantages. 12. The application of the development plan will permit flexibility and feature amenities and excellence in th~ form of variations in sitinq, mixed land uses and varied dw~11in9 types, as well as adaptation to and conservation of the topography and other natural characteristics of the land. 13. With proper uniform quality large scale development, the project may best serve the public interest with alternate mixed land us~s. -2- ~OOI 015 PACE 166 ~_"_._"'6_._..._._ ----....... --.---. Agenda Item No.8 December 11, 200 Page 119 of 14 SECT ION II STATEMENT OF INTENT It is the property owner's intention to continue the development of a single and multi-family residential project with recreational, commercial, and aviational facilities, and other support facilities required of a development surrounding a private air park community. The project was initiated in the early 1970's with the development of Single family residential condominium lots with common facilities. ., f AS part of the Dame property, it is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cluster villages; multi-family residential units; single family residential lots: and varied dwelling unit types. The units shall be centered around major points such as the air park, lakes, pine and cypress tr~es, common open space, and areas of unique vegetation. There may be r~cre~tional benefits consisting of jogging trails, para courses, private swimming pools, neighborhood parkS, tennis courts, and the unique fe.ture of a private airpark. Residents of this project shall be afforded the opportunity to own private airplanes and a single family residential or condominium unit with the conveniences of Dviational, recreational, and commercial services among a natural scenic environmental setting_ The residential development of low-rise mUlti-family and single family units shall demon:.tratc a quality way of life for its residents that will he eminently deslreable, esthetically pleasing, and environmentally sound. ) I, -)- eo~~ 015 PAGE 167 I --.............- ......- '.iii. -.. -~-..----~-~ Agenda Item No. 8A December 11, 2007 Page 120 of 147 ) SECTIor; III PROPERTY OWNERSHIP Ar;D LEGAL DESCRIPTIOr; 3.1. PROPERTY OWNERSHIP, The subject p~ope~ty is cu~~ently unde~ the cont~ol of The Rookery, Ltd. 706 5th ^venue South, Naples, rlorida 33940. 3.2. LEGAL DESCRIPTION, The subject p~ope~ty is desc~ibed as follows, The east 1/2 of the east 1/2 and, the north 1/2 of the northwest 1/4 of the northeast 1/4; the southeast 1/4 of the no~thwest 1/4 of the northeast 1/4 and; all being in Section 16, Township 50 South, Range 26 East, Collier County, plorida. ALSO LESS the south fifty (50) feet for ~oad right-of-way ana-nny-easement right-Of-way of public record. LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT I, a Condominium, according to the Decla~ation of Condominium recorded in Official Record Book 476, pages 304 to 350, inclusive, Public Records of Collie~ County, rlorida, as amended. -4- eO~K 015 PACE 168 Agenda Item No. 8A December 11, 2007 Page 121 of 147 SECTIOl>l IV GEl>lERAL DEV~LOPM~NT R~GULATIONS 4.1. PURPOSE, The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan. It is the intent of the project sponsor to develop multi-family and single family residences in a low profile silhouette with ample common open space associated with the conveniences of aviational, recreational, and commercial services. 4.2. PROJECT PLAN AND LAND USE TRACTS, I I I I I I "! por the purposes of gross residential land use area, the subject property is +168.1 acres. The project plan including street l~yout and land uses is illustrated in Exhibit I'B", PUO Master Plan, Wilson, Miller, Barton, 5011 , Peek. Inc., Dr~wing Pile No. RZ-59. The project shall consist of five l~nd use tracts of general area and configuration as shown in ~xhibit "D". Tracts ^ , E - Multi-family Residential + 113.3 Acres Tract s n - Single Family Residential + 3.7 Acres Tract C - rriv~te Air Park District + 37.8 Acres Tract n - Commcrical + 10.3 Acres Entrance Orive + 3.0 Acres Total Area + 168.1 Acres Assuming favorable economic project sponsor's intent to property within six years. and market conditions, it is the complete development of the -5- ~O~l 015 rm 169 . _ .. .,._..___~_.,..._._~~~.__~..J ,".. ~.--~'.'-'-""'._-~- T . ~ ." '~. , . fl :~~ ,. ~": ~r ,<. \), t' ~ {!, . . ., ,'., t !! Agenda Item No. 8A December 11, 2007 Page 122 of 147 The total maximum residential units will be 569 units at a maximum density of 3.6 residential units per gross acre. 4.3. TRACTS A 'E: MULTI-FAMILY RESIDENTIAL ^. PuC'pose: The purpose of this section is to indicate the land regulations for the areas designated on PUD Master Plan as Tracts A and E, Multi-family Residential. D. Permitted Uses and Structures, No buildings or structures, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Permitt~d Principal Us~s and Structur~s: a. Multi-Family Residences. b. Common open space, recreational facilities and water management facilities. c. Nine hole golf course with the typical facilities of a private country club. 2. Permitted Accessory Uses and Structures: ft. Customary accessory us~s and structures. b. Signs as permitted at time of permit application. c. ^irplane hang~rs and tie downs. d. Private road, pedestrian and bicycle paths, boardwalks and cross-walks, jogging and nature appreciation trails, or other similar facilities constructed for purposes of access to or passage through the common areas. e, Lawn or golf course maintenance shop and equipment storage. -6- ~oo~ 015 PACE 170 ....~ ........1I_.. .~_._. ...... ....~. ._.__r.._.,.....,.;.Il;.. "7"". ~__"__.91 .~-", Agenda Item No. SA December 11, 2007 Page 123 of 147 C. Maximum Dwelling Units: A maximum of 558 residential dwelling units. D. Minimum Yard Requirements for Principal Structures: I. Depth from property boundary line (35) feet. 2. Depth from edge of all private paved roads (25) feet. 3. Minimum distance between any two (2) principal structures on the same parcel shall be fifteen (15) feet. 4. Minimum distance between a development phase, or condominium tract line and any principal structure sha 11 be seven and one-half (7.5) feet. E. Minimum Yard Requirements for AcCessory Structures; As required by the Collier County Zoning Ordinance. F. ~um Floor ^rea of Principal Structures: 900 Square feet for each dwelling unit. G. Maximum liaiqht of Principal Structure: " Three (3) living stories above one story of parking with a maximum height of forty-five (45) feet. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevotlon Ordinance. .( l H. Minimum Off-Street Parking: Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces/unit paved and .5 parking space/unit reserved for paving at a time deemed to be appropriate by the County. ~ 'j: }. ~ I. Limitation On Signs: ^s permitted by the zoning ordinance in effect at time of application for building permit. 4.4. TRACT B: SINGLE FAMILY RESIDENTI^L A. ~rpose: The purpose of this section is to set forth the development plon and land regulations for the areas designated on PUD Master plan as Tract B, Single Family Residential. -7- , MOK 015 PACE1?1 B. Permitted Uses and Structures. Agenda Item N December 11, Page 124 of NO building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the fOllowing. 1. Permitted Principal Uses and Structures: a. Single Family Residences. b. Common opel) space' water management facilities. 2. Permitted Accessory Uses and Structures, a. Customary accessory USes and structures. b. Recreational uses and facilities. c. Airplane hangers or tie downs. C. Maximum Dwelling Units: A maxJmum of 11 residential dwelling units may be constructed. D. Minimum Ya~d_Requirements: 1. Front Yard - 25 feet 2. Side Yard - 7.5 feet 3. Rear Yard - 25 feet 4. ^cccssory structure as required by current zoning ordinance. E. Minimum Lot WJdth: , 00 feet. F. Minimum Lot Area: 12,000 square feet. G. Minimum Floor Area of Principal Structure: 1,200 square feet exclusive of patio, garage, and/or airplane hanger. -8- IOOl 015 PACE 17 ~ ....:...~.:........:4;l..:' 4Io.l~7j,~."'1J!."."'......,:..~._ :. ""': "'--,.- ....--.. --....---..-- .'."...._......,~ Agenda Item No. SA December 11, 2007 Page 125 of 147 H. M~ximum Height of Princip~l Structures: Three (3) stories ~bove the finish grade of lot or from the minimum base flood elevation required by the flood elev~tlon ordinance. I. Off-Street Parking Requirements. Two (2) spaces, at least one of which sh~ll be located within the permitted building ~re~. J. LandscaplnQ and Buffer: All buildings, enclosures, or other structures constructed for purposeB of maintenance, shall have appropriate sc~eening and landscapinga 4.5. TRACT "CO, PRIVATE AIR PARK DISTRICT: A. PurposQ: The 'urpose of this section is to indicate the development plan and land regulations for the areas designated on the ?UD ::aster Plan ll~ Tract "en, Private Air Park Oistrict. R. Deve:opment Plnn: I. ~he primary purpose of this Tract will be to provide the necesDary aviational support f~cilities to ..ccommocLJtC!' a private airport. These are~s sh,ell be utilized only in accordance with the provisions necessary to m~intain ann operate the private air park. 2. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as butrer shall be protected and preserved GO long as such plant life sh~ll not interfere with the control of airspace within 700 feet from the end of the primary runway surface. C. Uses Permitted, No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the fOllowing, -9- , ..... . ..,~-_.,.... . - .....'". .......... ~. .~ , " ......-.....--.. -... -.-....................---- ~oo~ 015 rm 1? J Agenda Item No. SA December 11, 2007 Page 126 of 147 ,'~ i ) , ,. Permitted principal Uses and Structures: a. Airport runway and administration building. b. Airport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling and service shop. d. Aviational maintenance and service shOp. e. Water management facilities. f. Any other similar aviational support facilities that may be necessary or compatible with the operations of a private air park. 2. Permitted ACCessory Uses and Structures, a. Accessory uses customarily associated with the uses permitted in this district. b. Lawn or golf course maintenance shop and equipment storage. c. Signs as permitted at time of permit application. ,-' O. ~um Yard Requirements: 1. S~tb~ck from cdg~ of primary runway surface - 100 fe~t. 2. Other structures must conform with setbacks of the abutting properties land use regulations, however, they may not be placed within fifty (50) feet of the primary runway surface. E. Control of Airspace, The control of the airspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The control shall be of such a nature as to prevent any airport hazards from being grown, erected, or otherwise placed within a glide path of 20,1 from the ends or the primary runway surface. -10- '. -. '. -- _ ,. ... ~_ ....- ,..--__._t". - ~_u.~_._ 'ii':j .1>\ /---t{~ L - j:~ ..-'~.I ;.'.' eao~ Q15rml?4 Agenda Item No. 8A December 11, 2007 Page 1270f147 4.6. TRACT "0" - COMM~RCIAL A. Purpose. The purpose of this Section is to set forth the development plan and land regulations for the areas designated on PUD Master Plan as Tract "0", Commercial. B. Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following' 1. Permitted Principal Uses and Structures. a) ~ntique shops: art studios: art supply shops; aviation fueling facilities without repairs: aviation maintenance and service shop, airplane hangers and tie-downs, administration building. b) Bakery shops: barber and beauty shops: bath supply stor"s: bicycl" sall!s and services: blueprint shops: bookbinders; book stores: business machine services. c) Churches and other places of worship; clothing stores; cocktail lounges; commercial recreation useS - indoor: commercial schools; confectionery and candy stores. d) Delicatessens: drug stores; dry cleaning shops; dry goods stores; and d:apery shops. f) Florist Shops. -11- ~i ~ 0:: ,,--"'._...._....__._.__._~--.....\...._...._. ~.........._. '--, ...,... l"~ . '" ...~ ~OOK 015 PACE 175 u) v) ~: ., ., w) ,'. ~. , xl y) .----.. Agenda Item No. 8A December 11, 2007 Page 128 of 147 Garden supply stores - outside display in side and rear yards; gift shops: gourmet shops. Ilardware stores, health food stores. Ice Cream stores. Jewelry stores. Laundries - self service only: leather goods; legitimate theatres: liquor stores; locksmiths. Markets - food and/or meat; medical offices and clinics: millinery shops~ museums: music stores. News stores. Dffi~e - general: office supply stores. ?~int and wallpaper stores: pet shops: pet supply shops: photographic equipment stores; pottery stores, printing: publishing and mineograph servi~~ shops I private clubs: professional offi~es. r) Radio and television sales ~nd servl~es: research and design labs: restaurants. 5) Shoe repcdri shoe otores; shopping centers; souvenir stor~s. t) Tailor shops: taxidermIsts: tile sales - ceramic tile: tobac~o shops; toy shops; tropical fish stores. Upholstery shops. Variety shops: vehi~le rental - automobile only; veterinarian offices and clinics - no outside kennels. Water Management Facilities. Wat~h and pre~ision instrument repair shops. Any other ~ommercial use or professional service whi~h is comparable in nature with the foregoing uses and which the zoning director determines to be compatible in the district. -12- MOl 015 pm 176 Agenda Item No. 8A December 11. 2007 Page 129 of 147 2. Permitted Accessory Uses and Structures: a) Accessory uses and structures customarily associated with the principal uses. b) Caretaker's residence. c) Signs as permitted at time of permit application. 3. Permitted Uses and Structures: Subject to Site Plan Approval. a) Car Nash. b) Child care center. c) Commercial recreation - outdoor. d) Detached residence in conjunction with a business - one (1) per business. e) Permitted use with less than 1,000 square feet gross floor area in the principal structure. f) Vehicle rentals. g) Hotel, motels, and time share facilities. C. Minimum Lot Area, Ten thousand (10,000) square feet. D. Minimum Lot Width: One lIundred (laD) feet. E. Minimum Y8rd Requirements: 1. Front yard - twenty-five (25) feet. 2. Side yard - none, or a minimum of five (51 feet with unobstructed passage from front to rear yard. 3. Rear yard - twenty-five (25) feet. F. Distance Oetween Structures, Same as for side yard setback. G. Maximum Height of Principal Structure: 45 feet. H. Minimum Floor Area of Structure: One thousand (1,000) square feet per building on the ground floor. I. Maximum Density: Sixteen (16) units per acre for transient lOdging facilities, hotel, motels, and time share facilities with a maximum floor area of 500 square Ceet per unit. -13- --._--,- MOK 015 fACE 177 , " J. Agenda Item No. SA December 11. 2007 Page 130 of 147 Off-Street parklni Reiulrements: zoning ordinance n e fect at the permit. AI required by the time of building -14- .", . a.... . ......-......- _~... ......,.~;,I_ oIiI'~"",r.lII__._%':"'.~_-:'.~..~.::'_...';l.-: .... ..,-'- , . ......--.......'" MO! 015 fACE 178 Agenda Item No, SA December 11 , 2007 Page 131 of 147 SE:CTION V GE:NE:AAL DE:VE:LOPME:NT COMMITI1E:NTS 5.1, PURPOSE:: The purpose of this Section is to set forth the standards for development of the project. 5.2. P.U.D. MASTER PLAN: A. The PUD Master Plan (Wilson, Miller, Barton, SolI & Peek, Inc. Drawing File No. RZ-59, Sheet 1 of 2), is an illustrative preliminary development plan. O. The design criteria and layout Illustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. c. ^ll necessary easements, dedications, or other instrumento shall be granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes sholl be permitted subject to staff approval. E:. Overall site design ahall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. f, TO protect the integrity of the Planned Unit Development, residential neighborhood, the only access road shall be the private road as shown on the Master Plan with an exception for temporary construction roads. G. Areas illustrated as .la~es. shall be constructed la~es, or upon approval, parts thereof may be green areas in which as much natural foliage as practical shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. -15- ., ......... '" ,. -.--. t.' ".,' '.,.. I.', '1" ~OOK 015 fAtE179 .'1". .',i/',! ?;," Agenda Item No. SA December 11. 2007 Page 132 of 147 H. Wetland subzones "A-I, A-2, A-3, 8-1, c-l, E-l and E-2" (Wilson, Miller, Barton, SolI & Peek, Inc. Drawing File no. RZ-59, Sheet 2 of 2), are illustrative ~ubzones and will be conserved as much as practicable as storm water management/open space areas, These areas will be flagged for protection, prior to development, 5.4. W^TER MArIAGEMENT: A. Detailed water management construction plans shall be submitted to and approved by the County Engineer prior to commencement of ~ny construction. B. Appropriate easements to be granted to Collier County for maintenance of perimeter swale system. 5.5. SOLID WASTE: DISPOSAL: Such arrangement and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 5.6. REcRE^TION f^CILITIES: ^ minimum of three swimming pools and three tennis courts shall be constructed by the project sponsor. ^dditional recreational facilities may be constructed by the future residents of this project. 5.7. TRAffIC: A. The project sponsor will provide to the appropriate governmental agency, an additional right-of-way of 17.5 feet along the south property boundary line for future road widen.ing of Rattlesnake Hammoc}; Road. o. The project sponsor agree. to construct a right and left turn stor'ge l~ne on Rattlesnaka Hammoc~ Road for traffic entering Sh,dowWood and to pay his proportionate share of the costs of a traffic signal at the project entrance when required by the appropriate governmental agency. C. A sldwal~ shall be constructed on one side of the main entrance road Into the project. -16- ..__.~.~~..._..._.._..'... _'~'P"r-___--""._ MO! 015 fAtr180 l ! ' Agenda Item No, SA December 11 , 2007 Page 133 of 147 5.8. UTILITIE:S: A. A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. E. All areas of the project shall be served by a central wastewater collection system and by an existing off-site waste water treatment plant. The existing plant shall be expanded as may be needed to meet the anticipated demands. Plans and D,E.R. permit applicatio~s for the sewage treatment plant shall be submitted to the Utility Pivislon. c. The project sponsor agrees to comply with all applicable County laws and ordinances governing utility provisions and facllities. D. Telephone, power ana T.V. cable service shall be made available to all residential areas. All such utility lines shall be installed underground. -17- '.'~H' . - --- :;.!, ,:a 'I ',. .~~ ~OOK . 015 PACE 181 "I... .I~ . , 1t __....___..__o.,_n_.._ :- -, --:',-.-..~ "---~~~~ ~.-.. p" I /":.,.-, :;-..,-'" ~-.: ~ '.) . '.~. I V" r;- ~. _ -:-~'~~':\ a~. c A~ '~<:Y ] ~ ':"";::I:f(//~ c:oC::::.~,~ I':, .J V - I , ---'~.r:r-' - -.~'\ U ' :' eLl I~ ~ I \~.~,)~;)< 'iT: i '") 1'-\' I ~\O\ :1) '. I '" I" 0 " '""h, '. Y hr, f.': '. '.'1 "-~: ~ u' : d/I r:f '{ 9;" : i '~. . Ii/! ~"'t/ uf: I i~' ~ \\:00 I n' . '-.....::;r I " I !,~: . ,\.,'~' '.:::/(/':0 I I'D' , / -r " I ,.,Ii , '_U '))r"-, /'11 :1 .~:1 ' ':1 !!. I ti I tl I i I III 11 i t , , I III., I, II ~ i I , , :1 'I I I: J Ii. ; / ~ i; \ Ii "'O{ ~ I. . -j, ~ i ! iii : I: I I 'I', 11-: I! _ ; -.- ~;~ --...."', ,.--.-.~ ':/ . '.' ,J,"'--.... _-::;.~:::' ~..~).,J<, .~~ : ',-'. I ,: \" '(I'............... =. ,:"! . .. \ ~\. jl 'I~S':-"Ji ~"j.. -....,./! '.', ,:. -rL =' ! '._.... ,.r~ J . "';....: J _ , , , Ii J ,~ j.', ...~ .........' -.,--. "'........-: 1. I, : I : , j _ ~ 1 :;..r'_';. , .1 1 : : - I \ I -I , 1111 I (I ~.. n~~:,,::_,,;.'-.~~.~:!1 ~OOK 015 fAtE 18~ " .1 <(t--t-- 000.... ..J::!~ , - ::> C c$5 "'~~ _CJ -.oCJ roE'" -0 CJ '" cuD.. "'CJ :{O .~ r- , ~:~ l ~~l N tii 0: ... o o .... t: W :::l C ......~--_._--,...,. ZC "'z .----------------------------- 0< ----0Vl)Y JolOOf'mVH 3>MG31ll'Al--___ C Iw ill ::> "'.... ;ft~~H "- OJ w< ~ otl;f.: z:. z: z: $ "'I- :3 <>- t~~~ o;:;:;e>.:::!; Clzz::::e: <-<:::1 ...J2::I:tn . ~ouw I;ll;, ! Ci I- Cl:I: . a:Q~I-U ~ ~ oa:~~~ ~ ~(I)~t{CD o q -" -;1 1-<(-:::1: $ :::E~~a::~ o:zz~~ "'00 < LL- WI- ~ IU t;:wz 0 Cl~J::JO ii w 1-c:::1- 8<ui~Vl Ct:...Jzzt5 U u~o~z > ~ ~ I I.lJLL(7j..........<( IL~ O::w~J::I: (I)~ gu H ~~ <uo::o>- ~ i :=: ....Ja::a::: 2 , ~ ~Z~~~ ~Bq aJ~OIZ IO-F~5 .. I I I ~ffi~a:m '< IIC U 0 ~ ~ ~ n I f.f}tn~tnJ: ~~~~~ ,.; b z 0 c ~ ~ I ~ I ~ e a ~ .. j '" co N ....<<t ....... '.... 0:0 <(",... ''''0 ...",- 0........ o .... N ..- ,'" '" <(:;l.. C'_CD :Jet; o..o..C ..:; I .. , vi ! ~11l ! o. ~ !!illl '" ill' l o ~ ~.. ~,. i ~ ;:E' , ",\!- ~Iil dg . t I ! ~ AgBnrl~ ItAm NO,.SA December 11, 2007 Page 136 of 147 PUDA-2007-AR-11283 REV: 2 Project: 19990174 Date: 6/11/07 DUE: 7/10/07 TRIP GENERATION REPORT FOR SHADOWWOOD PUD AMENDMENT Prepared for: Wing South, Ine, Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 DECEMBER 2006 Revised June 6, 2007 (::, DelUl Smith, P,E, FL 44147 G:\PROJ. PLANNING DOCS\WSPl . SHADOW WOOD PUD\TlS\WSPlTISDOC WSPl Agenda Item No, SA December 11, 2007 Page 137 of 147 Table of Contents Table of Contents ................................................................................................................................... i List of Figures and Tables..................................................................................................................... i INTRODUCTION................................................................................................................................1 SCOPE...................................................................................................................................................1 TRIP GENERATION...........................................................................................................................1 DISCUSSION.......................................................................................................................................1 List of Figures and Tables TABLE 1................................................................................................................................................ 2 TABLE 2................................................................................................................................................2 TABLE 3................................................................................................................................................3 TABLE 4................................................................................................................................................3 TABLE 5................................................................................................................................................4 TABLE 6................................................................................................................................................4 TABLE 7................................................................................................................................................ 5 TABLE 8................................................................................................................................................ 5 TABLE 9................................................................................................................................................6 TABLE 10..............................................................................................................................................6 TABLE 11.............................................................................................................................................. 7 TABLE 12.............................................................................................................................................. 7 FIGURE 1............................................................................................................................................. 8 FIGURE 2 ............................................................................................................................................. 9 FIGURE 3 ...........................................................................................................................................10 FIGURE 4...........................................................................................................................................11 1 Agenda Item No, 8A December 11, 2007 Page 138 of 147 SHADOWWOOD PUD AMENDMENT INTRODUCTION The proposed Shadowwood PUD Amendment is for a 1,98 acre swap from Tract C, Private Air Park, to Tract B, Single Family Residential. The proposed change would result in an increase in permitted single family residences from lIto 16. The existing 558 multi-family units will remain unchanged. The project is located on the north side of Rattlesnake-Hammock Road, approximately 1 mile west of Collier Boulevard in Section 16, Township 50 South, Range 26 East, Collier County, Florida SCOPE The following analyses are inCluded in this report: I. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic (pSDT) including the respective peak hour volumes, 2. Trip Distribution to surrounding roadway network. 3. Proiected 2012 Traffic and Level of Service, TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers (ITE) is used for trip generation calculations provided in this report. Please refer to Tables 1-12, The trip generation for the previously approved use is estimated to be 2,904 daily trips, 221 trip ends during the AM peak hour and 261 trip ends during the PM peak hour. The trip generation for the project including the proposed use is estimated to be 2,961 daily trips, 225 trip ends during the AM peak hour and 267 trip ends during the PM peak hour. This results in a net increase in trip generation of 57 daily trips, 4 trip ends during the AM peak hour and 6 trip ends during the PM peak hour for the proposed project. DISCUSSION Figures 1 through 4 summarize the projects impact on the adjacent roadway network. The projected background traffic volumes for Rattlesnake-Hammock Road were based on a growth rate of 4%, This growth rate was based on the growth on Rattlesnake-Hammock Road east of County Barn Road since the segment adjacent to the project entrance was not counted due to construction, The project traffic is far less than 0, I % ofthe service volume on the roadway. The project impacts are not significant on the surrounding roadway network, mPROJ. PlANNING DOCS\WSPl - SHADOW WOOD PUDITIS\WSPlTIs.DQC WSPI Agenda Item No, SA December 11, 2007 PagEp1ig/:<t 147 Table 1 TOTAL DAILY PROJECT TRIP GENERATION PREVIOUSLY APPROVED SUBDIVISON USE MULTI- F AMIL Y SINGLE F AMIL Y 230 558 DU Ln(T) = .85 Ln(X) + 2.55 2,768 210 11 DU Ln(T) = ,92 Ln(X) + 2,71 136 TOTAL INCLUDING PROPOSED USES MULTI- FAMILY SINGLE FAMILY 230 558 DU 210 16DU Ln(T) = .85 Ln(X) + 2,55 Ln(T) =,92 Ln(X) + 2.71 2,768 193 NET NEW TRIPS FOR PROPOSED USES Table 2 ENTERlEXIT BREAKDOWN OF DAILY TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY NET NEW TRIPS FOR PROPOSED USES Agenda Item No, S.I\ December 11. 2007 PagEp~gf 147 Table 3 TOTAL DAILY EXTERNAL PROJECT TRIPS PREVIOUSLY APPROVED SUBDMSION USE MULTI-FAMILY SINGLE FAMILY MULTI-FAMILY SINGLE FAMILY NET NEW TRIPS FOR PROPOSED USES Table 4 TOTAL DAILY EXTERNAL NON-PASS BY PROJECT TRIPS PREVIOUSLY APPROVED SUBDMSION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE F AMIL Y NET NEW TRIPS FOR PROPOSED USES Agenda Item No, SA December 11, 2007 Pag'1>ki~W 147 Table 5 TOTAL AM PEAK HOUR PROJECT TRIP GENERATION PREVIOUSLY APPROVED SUBDIVISON USE MULTI- F AMIL Y SINGLE F AMIL Y 230 558 DU Ln(T) =.8 Ln(X) + .26 204 210 11 DU T = ,7(X) + 9.43 17 MULTI- FAMILY SINGLE F AMIL Y 16DU Ln(T) =,8 Ln(X) + .26 T = ,7(X) + 9.43 204 230 558 DU 210 21 NET NEW TRIPS FOR PROPOSED USES Table 6 ENTERJEXIT BREAKDOWN OF TRIPS DURING AM PEAK HOUR PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY NET NEW TRIPS FOR PROPOSED USES Agenda Item No. SA December 11, 2007 Pag'F1Ige~ 147 Table 7 TOTAL AM PEAK HOUR EXTERNAL PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY MULTI-FAMILY SINGLE FAMILY NET NEW TRIPS FOR PROPOSED USES Table 8 TOTAL AM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY MULTI-FAMILY SINGLE FAMILY Agenda Item No. SA December 11, 2007 Pagep~cg 147 Table 9 TOTAL PM PEAK HOUR PROJECT TRIP GENERATION PREVIOUSLY APPROVED SUBDIVISON USE MULTI- F AMIL Y SINGLE F AMIL Y IIDU Ln(T) = ,82 Ln(X) + .32 Ln(T) = .9 Ln(X) + .53 246 230 558 DU 210 15 TOTAL INCLUDING PROPOSED USES MULTI- F AMIL Y SINGLE FAMILY 230 558 DU Ln(T) = ,82 Ln(X) + ,32 246 210 16DU Ln(T) = ,9 Ln(X) + .53 21 NET NEW TRIPS FOR PROPOSED USES Table 10 ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY NET NEW TRIPS FOR PROPOSED USES Agenda Item No, SA December 11, 2007 Pag'Pa~"f 147 Table 11 TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES NET NEW TRIPS FOR PROPOSED USES Table 12 TOTAL PM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS PREVIOUSLY APPROVED SUBDIVISION USE MULTI-FAMILY SINGLE FAMILY TOTAL INCLUDING PROPOSED USES MULTI-FAMILY SINGLE FAMILY FIGURE 1 50% 2 (2) .. (<0.1%) 50% 1 (2) (<0,1%) 50% 50% 2 2 (2) (2) ~ L w > '" o >- <( :s: >- ~ Vl L~O% (2) ~ . .. 50~~ (2) RATTLESNAKE-HAMMOCK ROAD LEGEND XX% PERCENT DISTRIBUTION OF PROJECT TRAFFIC XX AM PEAK HOUR TRIPS (XX) PM PEAK HOUR TRIPS (XX%) PROJECT TRIPS AS % OF SERVICE VOLUME PROJECT TRIP DISTRIBUTION Agenda Item No, SA December 11, 2007 Page 145 of 147 . 50% 1 (2) (<0.1%) 50% 2 (2) (<0.1%) Agenda Item No, SA December 11, 2007 Page 146 of 147 FIGURE 3 ~ w > Q;: a >- <( :;;: >- ~ (fl . 633 (263) [896] B 633 (263) [896] B ~ RATTLESNAKE-HAMMOCK ROAD LEGEND xx PEAK HOUR PEAK DIREcllON TRAFFIC (XX) TRIP BANK [xx] TOTAL VOLUME LOS LEVEL OF SERVICE NOTE: COMPOUND GROWTH RATE OF 4% USED FOR PROJECTION BASED ON 2006 TRAFFIC COUNT DATA 2012 BACKGROUND TRAFFIC Agenda Item No. SA December 11, 2007 Page 147 of 147 FIGURE 4 ~ w > 0:: o >- <( >= >- ~ Vl 633 (263) .. ((2)) [898] B 633 (263) ((2)) [898] B .. RATILESNAKE-HAMMOCK ROAD LEGEND XX PEAK HOUR PEAK DIRECTION TRAFFIC (XX) TRIP BANK ((XX)) PROJECT TRAFFIC [xx] TOTAL VOLUME LOS LEVEL OF SERVICE NOTE: COMPOUND GROWTH RATE OF 4% USED FOR PROJECTION BASED ON 2006 TRAFFIC COUNT DATA 2012 TRAFFIC WITH PROJECT INCLUDED Agenda Item No, 88 December 11, 2007 Page 1 of 195 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDZ-2006-AR-I0648: Naples Motorcoach Resort Inc., represented by Robert L. Duane, AICP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida PROJECT STATUS: This petition was scheduled to be heard by the Board ofCoooty Commissioners (BCC) on November 27, 2007, The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing, On November 26,2007, the petitioner's agent submitted a continuance request (copy attached), The Board continued the petition to December 11,2007 as requested by the agent. SUPPLEMENTAL ANALYSIS: The petitioner has not provided any additional information for staff review; however staff is taking this continuance as an opportooity to clarify an issue that was raised at the Collier County Planning Commission (CCPC) hearing, The CCPC recommended that the petitioner not be required to provide a well site as was recommended by staff and agreed upon by the petitioner. Therefore, the petitioner revised the Master Plan and the PUD exhibits in compliance with that recommendation. However, staff continues to recommend that the well field allocation that was agreed upon by staff and the applicant be included as part of this petition approvaL In its discussion of this matter the CCPC recommended the removal of this well field based upon concern about the viability of a well fleld in this area because of saltwater intrusion (see attached CCPC Minutes Excerpt), Staff has researched this issue further and has discovered that brackish water can, and should, be used for a well field site, Additionally the County is working with the South Florida Water Management District (SFWMD) to incorporate the County's goal of a 50 percent use of brackish water aquifers in the SFWMD Consumptive Use water permit criteria as noted in the 2005 Collier County Water Master Plan Update, Section 1.6.2.1, Water Sources, Collier Coooty's Growth Management Plan (GMP), Potable Water Sub Element, primary goal states that is the goal of this sub element, "to protect the health and safety of the public by ensuring access to environmentally sound, cost effective and implementable potable watcr facilities and services." This goal is to be implemented with the following objectives and policies: ,....- Objective 1," The County shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established hy this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based Page 1 of 2 Agenda Item No, SB December 11, 2007 Page 2 of 195 upon the information, guidelines and procedures identified ",ithin' the County's Ten- Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water-Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District, The Collier County 2005 Water Master Plan Update referenced above notes in Section 1.6,2 that brackish and higher salinity sources can be uses for raw water supply alternatives, Policy 1,2: The County shall continue to implement a program for the protection of existing and potential potable water supply sources, The subject site is within the "Potential SERWTP (South East Regional Water Treatment Plant) Wellfield Area" as shown on the attached Wellfield Program Map, That Water Master Plan Update in Section 6.3,1.3.2 in the Well field Procurement Strategy states, "Well sites should be acquired now to meet the planned water treatment plant expansions through the year 2025 in order to obtain the required well sites and easements at reasonable cost" This same section of the Update provides the site size and well site spacing guidelines for the well sites as welL The well site to be provided as part ofthis project met those site size and spacing guidelines, An excerpt from the Master Plan that was presented to the CCPC that included the well field site is shown below, .' , " 10;'1 ~:' TRACT' ,I "[" \ f-i J <(, jOJ 10)' I I , "I I I --~__I I T'-i-_ I I ~-, I u ->1 "'L (/)>- CLU ~~ :::> O~ FOR 36 BOATS -- I 1 1 MAXIMUM OF 1 0 BOAT I TRAILERS TO BE STORED OUTSIDE BOAT STORAGE ~~ BUILDING 1: ~. ACCESS FOR WELL FIELD -~ SPECIAL 8' HIGH WALL AND LANDSCAPE BUFFER (SEE EXHIBIT C-1) ..""> \, i ""1,./ . L / ,,/ @] _ _ - __~c~ ~""~ -.___ ~ .F'"""r(' R EC ,...... j \ . - ,"AAREA \~.,.,,,,,,,,,, <..... i \ TRACT 'J' l , I _____-..-....J..... RECOMMENDATION: Staffrecommends that the Board of County Commissioners approve Petition PUDZ-2006-AR-10648 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption with the stipulation to ensure consistency with OMP Potable Water Sub Element PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Page 2 of 2 Agenda Item No. S8 December 11 , 2007 Page 3 of 195 EXECUTIVE SUMMARY Petition: PUDZ-2006-AR-I0648: Naples Motorcoach Resort Inc., represented by Robert L. Duane, AlCP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to aDow development of up to 200 motorcoach lots as weD as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone to CPUD and render a decision regarding the petition, CONSIDERATIONS: The petitioner requests that the BCC approve a rezone of the recently cleared 23.2:10 acre subject property to allow development of a maximum of 200 motorcoach lots and amenities such as a clubhouse, swimming pools, tennis courts, a one-story, IS-foot high (actual height) boat storage facility to house a maximum of32 boats, and a maximum of27 boat slips along Henderson Creek. The subject property was the site of the Greystone Mobile Home Park, however that use has been discontinued and the subject property has been cleared. The petitioner is seeking six deviations as part of this PUD rezoning petition, Staff s initial analysis of the proposed deviations is contained in the attached staff report, Staff had originally supported Deviations # 1 through #4 and #6, but recommended denial of Deviation #5. The petitioner's agent has modified Deviation #5 since the staff report was prepared and staff now supports the modified deviation request. All stipulations associated with staff recommendations for the deviations have been incorporated into the PUD docwnents. This project is located within the Collier County Water/Sewer District. As noted in the staff report, Utilities staff requested the petitioner to provide a 40 by 50 foot wellfield site and provide access to a public street. The petitioner complied with the wellfield request on April 6, 2007, however this is not reflected in the current Planned Unit Development Master Plan, On the basis of the County's 2007 Water Supply Development Plan, the project lies within a targeted area for a wellfield for the future Southeast Water Treatment Plant, FISCAL IMPACT: The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD rezone is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities, The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities, These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order Naples Motorcoach Resort epUD PUDZ-20lJ6.AR-10648 Executive Summary for 11127107 Bee Page 1 of6 Agenda Item No. SB December 11, 2007 Page 4 of 195 approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees coIJected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system, Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements, Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition, GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area, all as identified on the Future Land Use Map (FLUM) of the GMP. This designation allows the proposed Travel Trailer/Recreational Vehicle (1TRV) use, A motorcoach is a type of1TRV use and it is considered a commercial use. The GMP allows motorcoach units in the Subdistrict within the Coastal High Hazard Area subject to compliance with certain criteria Staff has analyzed the project in light of that criteria and has determined that the project is compliant. For details, please refer to the Staff Report prepared for the Collier County Planning Commission. Transportation Element: Transportation Division Planning staff has reviewed the CPUD Traffic Impact Statement (TIS) included in the application back-up material and the CPUD documents to ensure the CPUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable LOS within the 5 year planning period unless mitigating stipulations are approved. The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five-year planning period. The Naples Motorcoach Resort PUDZ can be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. The adjacent roadway network is currently over capacity when considering background traffic plus banked traffic, and cannot accommodate additional trips. However this project proposes a net reduction of 65 PM Peak Hour, Peak Direction trips. The project is therefore consistent throughout the five-year planning period. US-41 has a negative remaining capacity of approximately 288 trips, and is currently at LOS "F," Conservation and Coastal Management Element: Pursuant to Policy 6.1.8 and the Land Development Code, an Environmental Impact Statement was not required. However, in accordance with Policy 7.2.1 the project was required to be evaluated for consistency with the Manatee Protection Plan. Environmental staff have reviewed that information provided by the applicant and have found the project consistent with the stated objectives of the Collier County Manatee Protection Plan (to reduce boat-related manatee mortalities, achieve an optimal sustainable manatee population. and to protect manatee habitat) by reducing the number of boats which could use the facility and by restricting any expansion of the boat facility in the future, There is no existing native vegetation that needs to be retained on site to be deemed consistent with Policy 6.1.1. No jurisdictional wetlands have been identified as required in Policies 6,2.1 and 6.2,2. Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary for 11/27107 BCC Page 2 of6 Agenda Item No. 8B December 11, 2007 Page 5 of 195 GMP Conclusion: The GMP is the prevailing docwnent to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition, as revised before, during and after the CCPC hearing (see CCPC discussion later in the report), is consistent with the FLUM and the FLUE. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP if staff's recommendation is adopted. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD docwnent to address any environmental concerns. This petition was not required to submit an Environmental Impact Statement (EIS). The site is not located within a Special Treatment overlay which would also have required the submittal of an EIS. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: - - Because an EIS was not required and there are no impacts to wetlands, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPCl RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on October 18, 2007; a motion was made and seconded to forward petition PUDZ-2006-AR-10648 to the BCC with a recommendation of approval by a vote of 7 to 0 subject to the following stipulations: Prior to the Board of County Commissioner's hearing, the PUD docwnents shall be modified to address the following: 1. The actual height of the boat storage facilities shall be limited to 15 feet (see Exhibit A., Section B.5 and Exhibit B Boat Storage Building Maximwn Building Height); and 2. Motorcoach units shall be limited to a minimwn length of 35 feet and a maximum length of 45 feet (Exhibit A, Permitted Uses, A.!. Definition); and 3. Clarify Exhibit A.B.2 "Small Utility Buildings" shall be limited to 1,000 square feet; and 4. Revise Exhibit A.B.5 and Exhibit F to indicate that the covered boat storage facility is limited to a maximwn of 32 spaces in one tier (story) only. The covered boat storage facilities can be accommodated in two separate structures within the Tract 1. Furthermore, no boat trailer storage (with or without boats) shall be permitted on the subject site except within the covered boat storage facility; any other boat or boat trailer storage is prohibited; and 5. Revise Exhibit E, Deviation #5 and Exhibit F.2. to indicate that the required landscape buffer area and number and types of plantings shall not be reduced but instead the same square footage and nwnber and types of plantings shall be relocated within each individual recreation and Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary lor 11/27107 BCC Page 3 016 Agenda Item No. 8B December 11, 2007 Page 6 of 195 clubhouse areas outside the wheel stops, e.g., between the parking spaces and the structures rather than between the road right-of-way and the parking spaces; and 6. Revise Exhibit B to reflect a minimWll setback along US 41 for the bathhouse shall be 50 feet instead of 25 feet; and 7. Revise Exhibit F to remove item 5, and revise item 6 to indicate that the motorcoaches shall be removed from the site if a hurricane watch is issued; and 8. Replace the language in Exhibit F.2 with the following: The developer shall provide a IS-foot wide buffer area that is comprised of four rows of native trees, planted at a maximum of 25 feet on center in staggered rows on the Henderson Drive side of the covered boat storage area. Trees shall be a miuimwn of 18 feet tall at time of planting. There shall be two rows of shade/canopy trees that include no clustering; and two rows trees of varied species that can be clustered. The 15-foot wide buffer shall also include a double staggered hedgerow that is a minimwn of 6 feet high at time of planting. The buffer area shall also include a wall that is a miuimwn of 8 feet high. Half of the required shade/canopy trees shall be planted on the Henderson Drive side of the wall. (See Exhibit C-l); and 9. Revised Exhibit B, Boat Storage Building front setback to allow a 10-foot setback instead of a 20-foot setback (for the internal roadway); and 10. Remove the well easement. Because there were letters of objection submitted regarding this petition, this petition cannot be placed on the summary agenda. LEGAL CONSIDERATIONS: This is a site specific request to rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Additionally, the applicant is amending some of the development standards including the removal of conditional uses and reducing the height. These proposals should also be reviewed utilizing any of the applicable criteria below. Criteria for Pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.a 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? The County Attorney has found unified control and suitability of agreements. Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary for 11/27107 BCC Page 4 016 , Agenda Item No. 8B December 11, 2007 Page 7 01 195 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the GMP. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volwnes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? J 6. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary lor 11/27107 BCC Page 5016 Agenda Item No. 8B December 11, 2007 Page 8 of 195 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property reasonably cannot be used in accordance with existing zoning? 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the LOS adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l06, art.Il], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR- 10648 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption. PREPARED BY: Kay Deselem, AlCP, Principal Planner Department of Zoning and Land Development Review Naples Motorcoach Resort CPUD PUDZ-2006-AR-10648 Executive Summary lor 11/27107 BCC Page6016 Co~... County .... .- - - Agenda Item No. 8B December 11, 2007 Page 9 of 195 REQUEST FOR CONTINUANCE OR WITHDRAWAL I CHECK ONE: CONTINUANCE x WITHDRAWAL If a continuance Is requested, please indicate: lenoth of time: to: 11/27/2007-12/11/2007 OR indefinite: From: Planning Commission Board of County Commissioners X 1. Date of Scheduled Hearing: 11/27/2007 2. Applicant/Project Name: Naoles Motor Coach Resort. Inc. 3. Application/Petition number: PUDZ-2006-AR-10648 4. Type of Application (exampies: Rezoning, Conditional Use or Va,riance) PUD Rezone 5. Reason for Request: UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. ~~-~ SIGNATURE OF APPLICANT OR AUTHORIZED AGENT ,'I:l.sIOI DATE Richard D. Yovanovich PRINTED NAME rvovanovich@aciiaw.com e-mail address Address: 4001 Tamiami Trail North. Suite 300 Street 239-435-3535 Phone number Naoles. FL 34103 City, State Zip 239-435-1218 Fax number C;\Documents and Settings\sdifolco\Local Settings\Temporary Internet Files\OLKD8\REQUEST FOR CONTINUANCE OR WITHDAAWAL (3).doc Exhibit A Agenda Item No. 8B December 11, 2007 Page 10 of 195 EXCERPT FROM 10118107 CCPC HEARING REGARDING THE WELL EASEMENT: CHAIRMAN STRAIN: ... Now, this is south U.S. 41, it's near Henderson Creek, and I can tell you from my knowledge of the area, there's a lot of saltwater interface going on there. We're demanding a well easement from you guys. I mean, that's just so hard to believe. Is that -- okay. MR. YOV ANOVICH: I think he understands. MR. HENDERSON: I understand. And we have set it aside. CHAIRMAN STRAIN: That one is -- that one's beyond reasonableness. Exhibit E, under -- actually Exhibit F, the utility requirements -- well, that's your wellfield. I'm just -- in some places it may be more valuable, but right here it doesn't make any sense. exhibit B o LEGEND ExIsllngFlICIllylR8w Wate~ellAekl ~- FulUreRl:WIWel8r 0_- Alignments PoIenUalFl4lre WehIdAre.. Polllnll8lRa\ofWaWr p/pelr1eslWlIlIWd Algnm_ Crtbwlilltor~of""~"'-. . Aquller yltld ctIllrecterlsb . AQUtgrWaterQ1.llI1ly .DeI'llIItyorEnYlIO,",~nl8llySenslllve"""''' . D\Inslt~oI~WlllllfUll8 . LOClItionolExlRtlngandPlllnrtlldlnffn\nJctu 8B December 11, 007 Page 11 of 195 i I ( 0..- IZl LEI COUNTY -T"--<'~QtLlfi}oUNTr' . "... ~ I) J r i. Shady Hollow (Brackish) '1 ~0, 1= .I. RSI0!1Ari " I fTTII1 ' I !! ill' i.l11 i i~I,',' u i ; -- \ L SITES SID " ., ~ jr"'" -~"~..~ m~=~_~ 1J=:=r-'-C~~ n~ =""--.__ 'tr~~:(~l~j- we"...... _ --J .~ ,.- . ~--~r- =f~2'- .. ,~._---,----,--, "" "'" -....,.......--.. - ~ti 'r[~1 - __u",__ t".".---i I -; Mystery Well$ S,lte (Brackish) \",,, -'--'=':::::L ". /" -"'- COM Colter County -- -- - - EKhiblt C Item Number: Item Summary: Meeting Date: Page I or I Agenda l1em No. 88 December 11, 2007 Page 12 of 195 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 ThiS Item continued from the November 27 2007 BCC Meeting This item requires mat all participants be sworn in and ex pane disclosure be provided by Commission members Petition PUDZ-2006-AR-10648 Naples Motorcoach Resort Inc represented by Robert L Duane A,ICP, oi HoleMontes, inc, and Richard 0 Yovanovlch, esquire, of Goodlette Colernan & Johnson, P A is reQUesting a rezone from Ihe MObde Home Travel Trailer Recreational Vehicle Campground and Heavy Commercial Zoning DI5lrrcts iMH, TTRVC & C-5) to Uw CommerCial Planned Unl! DeVEHoDment DISlnct rCPUD} for a prOject to be known as the Naples MOlOrcoacll Resort CPUO, Tllis project proposes to allow development of up W 200 l1l<Jtorcoach lotsa~we!t as vanous arnenllles such as 3 boat ramp and boatsilps The subleClpropertl',conslsting ot232 acres, is located on !ne southwest side Of Tamlami Trail East approximately three Quarters of a mile east 01 Collier BOUlevard ICR 951}. in Section 3 Townslup 51 Soutr.. Range 26 East ColherCounty Ftorida 12/'1/20::l790000AM DatI'! Prepared By Kay De~elem AICP Community Dl!velopment & Environmental Services PnnclpalPlanner Zoning 8. Land Developmenl ReView 11IBI20079:5B:52AM Apprfl....edBy Jo&eph K_ Schmitt Community Development &. Environmental Services Community Development & Environmental Services Adminstrator Date Community O"v"lopm"nt & Environmental Services Admm 11130120071,25PM MarlencStewart Exec\1tivc-Secrctary Date Appro....edBy Comm\1nPly Development & EnvironmnmulServices Cornmllflity Development & EnvlronnlCnt<l1 Services Admin 11i30/20071,J3PM Date Appro....ed By Jeff KI3tlkow CounlyAtlomey ASSIM3nt County Atlorney (;olln\yAttomey Oftlce l1iJ0120071:54PM OperalionsAn;'\lysl Oate Approved By Judy P~lIg Community Development & Environmental Services Community Development 8. Envlronmantal Services Admin 11/30/20072:19 PM Zon,ng & land Deveiopmenl Director Date Approved By Susan Murray. AICP Community Deveiopment & Environmental Services Zoning & land Development Review 11130/20073,14 PM NickCasalllngulda [Jat{) Appro....ed By TransportationServ,ces MPODireClor TransportMionPlanning 12/3/20079:29AM ApprOl'edBy Randy Greenwald County Manager's Office ManaoemenllBudgetAnalyst DMe Office of Management 8. Budget 121312007249 PM Mark IS3ckson Budget An31yst Liate Approved By Count\' Manager's Office Office of Management & Budget 12/3/2007 3:~2 PM Approved By James\', Mudd Boan.t of County Comml>.sioncrs Counl',' Manag..r Oat" County Manager's Office 12/3120075:02 PM file://C:\AgendaTest\Export\94-Decembcr';o20 11.%202007\08. %20ADVER TI SED%20PU.. 12/5/2007 Agenda Item No. 8B December 11, 2007 Page 13 of 195 Co1N:r County ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 18,2007 SUBJECT: PUDZ-2006-AR-10648; NAPLES MOTORCOACH RESORT COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) PROPERTY APPLICANT/AGENT: APPLICANT: AGENTS: Naples Motorcoach Resort, Inc. 2400 Crestmoor Road, Suite 200 Nashville, TN 37215 Robert L. Duane, AICP HoleMontes, Inc. 950 Encore Way Naples, FL 34110 Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject site from the Mobile Home (MH), Travel Trailer Recreational Vehicle Campground (TTRVC), and Heavy Commercial Zoning Districts (C-5) to the Commercial Planned Unit Development District (CPUD) zoning district for the Naples Motorcoach Resort. GEOGRAPHIC LOCATION: The subject property is located on the southwest side of Tamiami Trail, East (US 41), approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The proposed 23.2ic-acre CPUD, if approved, will allow development of a maximum of 200 motorcoach lots and amenities such as a clubhouse, swimming pools, tennis courts, a two-story, 35-foot high (actual height) boat storage facility to house a maximum of 36 boats, a maximum of 27 boat slips along Henderson Creek, and open parking spaces for a maximum of 10 boat trailers. The petitioner is seeking six deviations as part of this PUD rezoning petition. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 1 of 14 Agenda Item No. 8B December 11, 2007 Page 14 of 195 The aerial photo provided below is the most current information available from the Collier County Property Appraiser. Since that photo was taken the site has been cleared, but the photo shows the Greystone Mobile Home Park and convenience store that no longer exist. SURROUNDING LAND USE AND ZONING: East: US 41 (Tamiami Trail), then undeveloped tracts within the Winding Cypress DRIIPUD project, with a PUD zoning designation San Marcos Mission Catholic Church, with a zoning designation of Agricultural (A), with a conditional use for a church Henderson Creek Mobile Home Park, with a Mobile Home (MH) zoning designation Henderson Creek, then Holiday Manor Mobile Home Cooperative, with a MH zoning designation, and developing commercial uses within the Artesa Pointe PUD, with a zoning designation of PUD Northwest: South: West: Aerial Photo (subject site depiction is approximate) NOTE: The site has been cleared since this photo was taken. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 2 of 14 Agenda Item No. 8B December 11, 2007 Page 15 of 195 WINDING Of PRESS DRI RSF.] ~ .<:'!'!ii...NUA'""i<;, GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal High Hazard Area, all as identified on the Future Land Use Map (FLUM) of the GMP, This designation allows the proposed Travel Trailer/Recreational Vehicle (TTRV) use, A motorcoach is a type ofTTRV use and it is considered a commercial use. The "density" of the TTRV use is not considered a residential use pursuant to the GMP, thus it is not subject to the "density" of the Density Rating System of the GMP. The LDC contains provisions for the TTRV measure of intensity of use based upon the nwnber of units per acre, refemng to that measure as "density." The GMP allows motorcoach units in the Subdistrict within the Coastal High Hazard Area subject to the following criteria, each followed by staff comment in italics: a) the density is consistent with that permitted in the Land Development Code; b) the site has direct principal access to a road classified as an arterial in the Transportation Element; and c) the use will be compatible with surrounding land uses. The proposed motorcoach use is limited in LDC Table 2,05.0lA to a maximum of 12 TTRV units per acre. This project proposes a TTRV maximum density of 8.62 units per acre, which is in compliance with the LDC requirements and thus the project is consistent with a) above. The project is shown with direct access to US 41, an arterial roadway, therefore the petition is consistent with b) above. Staff does not believe, however, that the project, as it is currently designed, is compatible with item c) above. FLUE Policy 5.4 requires that all new development be compatible with and complementary to the surrounding land uses. The Land Development Code (LDC) Section 4.07.02.B and generally accepted planning principles recognize the concept that when a project proposes elements of development that could have a negative impact on the neighborhood, then those elements should be internalized rather than externalized. The theory is that those persons who most benefit from the Naples Motorcoach Resort CPUD. PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 3 of 14 Agenda Item No. 8B December 11, 2007 Page 16 of 195 causative factor should bear the burden of the impacts. For example, if a project proposes structures or densities in excess of what exists on the surrounding parcels, then those structures and densities should be located nearer the center of the project rather than on the perimeter of the project. Specifically, staff is concerned about the proposed location of the boat storage facilities along Henderson Drive. The boat storage facility is proposed to be a two-story, 35 foot high (actual height) structure. The developer has sited that structure along the project's perimeter. This facility is one of the tallest structures proposed within this project and one of the larger facilities within the project (see Master Plan). In reviewing the appropriateness of requested uses, development standards such as building heights, setbacks, landscape buffers, and potential building mass, building location and orientation, and the amount and type of open space and location of that open space are considerations of compatibility. The building's orientation and massing does not show any particular sensitivity to the proposed perimeter location. Rather than smaller buildings in an end-to-end configuration that would most .likely be used for the motorcoach lots along Henderson Drive to present a more similar facade to the traveling public's view, i.e., those persons traveling along Henderson Drive, the boat storage facility's orientation presents the most intense orientation and massing to the public. Additionally, looking at the aerial photo, it can readily been seen that the church located across Henderson Drive sets back from the road right-of-way approximately 100 feet. The proposed boat storage facility is proposed to setback only 15 feet from the Henderson Drive right-of-way. Staff believes this proximity is inappropriate. Additional setback could ameliorate the boat storage facility's impact, but a better alternative would be to totally relocate the facility more interior to the project. It seems more logical to place a boat storage facility closer to the creek where the boats will be used. It seems that the applicant may be wishing to retain the aesthetically pleasing view of the water for the project's lot owners at the expense of the traveling public who get no benefit from the facility. The petitioner is placing the most obnoxious element of the project where it will have the least impact upon those persons who will have the most benefit from the facility. This is contrary to good planning practice regarding externalizing/internalizing impacts, as noted above. Staff review also notes that boats in the dry storage will be removed by forklift. Because the dry storage is located on the opposite side of the project site and is not located adjacent to, or even near, the boat ramp, the forklift will be required to transport each boat on the internal roadway system. This poses an unnecessary increased safety risk, particularly in light of the requested deviations in sidewalk and roadway widths. In an attempt to mollify staffs concerns, the applicant proposes to provide a buffer for the boat storage facility within the 15- foot-wide setback area that will be comprised of an eight-foot-high wall along with a five-foot high hedge and 16-18 foot high trees, planted 25 foot on center (see PUD Exhibits C-l and FJ). The LDC would require a l5-foot-wide type D buffer, based upon Transportation Planning Department's evaluation that Henderson Drive has a 100 foot right-of-way and the requirements set forth in LDC Section 4.06.02.C.4. Interestingly, Exhibit C-l does not depict the trees at time of planting, but rather depicts what is characterized in the "Buffer Type 'B' table as the "Growth Habit" thus portraying a potential future rendition of what the buffer may look like, if certain trees are planted. To explain, in the PUD written document, the developer is proposing to provide a buffer that contains an unspecified number of rows Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 4 of 14 Agenda Item No. 8B December 11, 2007 Page 17 of 195 of trees. The developer does not provide the specified species of trees that will be planted. The developer only states that the trees will be 16- 18 feet tall when planted and a 5- foot high single row hedge will be provided along with the eight-foot high wall. Exhibit C-I however depicts three rows of trees, consisting of 55-tbottall Royal Palms, 35-foot high cabbage palms and 35-foot high Laurel Oaks trees. Those heights are shown as typical, but the scaled height on the plans shows trees heights of60+ and 40+ feet. (The Royal Palm and Laurel Oak trees are the only two species listed on C-l that will reach the height shown, thus those must be the species that are depicted in the drawing). The drawing also shows shrubs that are taller than the eight foot high wall. NUMBER OF TREES HEIGHT OF BUFFER (ROWS)! TREES NUMBER OF SHRUBS TYPES (ON CENTER rOC] (IN FEET) SHRUBS REQUIREMENT) Type D One row! 10 Double staggered 24" at planting; . @ 30 feet oc hedgerow maintained at 36" Developer's One row! Unspecified so 5 feet high at written 16-18 proposal @ 25 feet oc single row implied planting 3 rows! @ 25 feet oc Stated 35 and 55 Developer's R #1 Royal Palm typical I n excess of 8 feet artistic R #2 Clusters of 3 Double row depiction Sabal Palms Shown at 40+ & in height R #3Canopy trees 60+ Based upon conversations with Zoning Department Landscape Review staff, it seems unlikely that the buffer proposed by the developer would reach the depicted heights within at least 10 years. Staff believes Exhibit C-l does not provide a true depiction of the proposed buffer, and furthermore staff is not convinced that the proposed buffer as it will be planted will adequately address the compatibility issue. Staff suggests that there are other alternatives to address the issue, such as locating the boat storage facility interior to the project and adjusting the massing and building orientation. Staff recommends that the Master Plan be revised to relocate the boat storage facility away from the project perimeter. This issue is addressed again in the Deviation #5 discussion provided later in this report. Incidentally, staff advised the petitioner about compatibility concerns in the first review letter dated November 25, 2006, noting, "Please explain why you have located the boat storage so far from the waterway the boats will use. The location of the storage area along the exterior of the project raises compatibility issues. It seems that this use should be internalized rather than externalized." The petitioner's agent disagrees with staffs contention and has opted to go to hearings to allow the CCPC and BCC to make the determination regarding this issue. In support of FLUE Policy 7.1, project access is provided to U.S. 41, an arterial roadway. In support of FLUE Policy 7.2, the internal roadway system consists of three connected loop roads. Other smart growth policies under FLUE Objective 7, pertaining to project interconnections and walkable Naples Motorccach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 5 of 14 Agenda Item No. 8B December 11, 2007 Page 18 of 195 communities with a variety of densities, uses and unit types, are not applicable based upon the proposed land use, proposed private narrow roads, and the development status of surrounding lands (bordered by a creek, two roads, and a developed mobile home park). Transportation Element: Transportation Division Planning staff has reviewed the CPUD Traffic Impact Statement (TIS) included in the application back-up material and the CPUD documents to ensure the CPUD docwnents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five-year planning period. The Naples Motorcoach Resort PUDZ can be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan [GMP]. The adjacent roadway network is currently over capacity when considering background traffic plus banked traffic, and cannot accommodate additional trips. However this project proposes a net reduction of 65 PM Peak Hour, Peak Direction trips. The project is therefore consistent throughout the five-year planning period. US-4l has a negative remaining capacity of approximately 288 trips, and is currently at LOS "F". Conservation and Coastal Management Element: Pursuant to Policy 6.1.8 and the Land Development Code, an Environmental Impact Statement was not required. However, in accordance with Policy 7.2.1 the project was required to be evaluated for consistency with the Manatee Protection Plan. Environmental staff have reviewed that information provided by the applicant and have found the project consistent with the stated objectives of the Collier County Manatee Protection Plan (to reduce boat-related manatee mortalities, achieve an optimal sustainable manatee population, and to protect manatee habitat) by reducing the number of boats which could use the facility and by restricting any expansion of the boat facility in the future. There is no existing native vegetation that needs to be retained on site to be deemed consistent with Policy 6.1.1. No jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is inconsistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Based upon the above analysis, staff concludes the proposed uses cannot be deemed consistent with the goals, Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 6 of 14 Agenda Item No. 8B December 11, 2007 Page 19 of 195 objective and policies of the overall GMP unless staff's recommendation regarding the relocation of the boat storage facility is adopted. ANALYSIS: S1aff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and IO.02.13.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate docwnents and are attached to the staff report (See Exhibits A and B). Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission required because the site was previously developed. The site is not located within an ST overlay which would also have required the submittal of an EIS. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues. The applicant has incorporated Transportation Division staffs revisions within the PUD document, and Transportation Division Planning staff recommends approval subject to the Transportation commitments contained in the PUD document. This includes a provision that the development provide payment in lieu of the installation of sidewalks. Uti/itv Review: This project is located within the Collier County Water/Sewer District. Any portions of this project to be developed shall be required to comply with the current Ordinance 2004-31 - Collier County Utilities Standards and Procedures. According to county GIS records, there is an existing 16- inch force main and 16-inch water main on Tamiami Trail. Utilities staff requested the petitioner provide a 40 foot by 50 foot wellfield site and provide access to a public street. The petitioner has complied with the wellfield request. Emerzencv Manazement: Emergency Management staff provided the following comment at the beginning of the review of this project: "The Naples Motorcoach Resort PUDZ is located in a CAT I hurricane surge zone, which requires evacuation during many hurricane events. Adding to the residential units in this area further taxes an already tight evacuation and sheltering situation within Collier County. The Collier County LDC may require mitigation for this project as it applies to mobile home communities." In response to that comment the petitioner has included commitments in the PUD document to ensure that there will be no permanent residents within this project and furthermore, no unoccupied motorcoach units will remain on site during hurricane season. Parks and Recreation: The Public Services Division provided the following comment: "Parks and Recreation staff recommends that the applicant consider replacing one of the three pools proposed on the master plan with a CPSC and ASTM certified commercial grade playground designed for 2-12 year old children. The developer should provide documentation in the PUD file of the proposed recreation elements and, if providing a playground, should state that the playground meets the above requirements." The applicant responded that the developer anticipated few children would be associated with this project and therefore opted not to incorporate any playground facilities. Naples Motorcoach Resort CPUD. PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 7 of 14 Agenda Item No. 8B December 11, 2007 Page 20 of 195 Zoning Review: The development standards contained in Exhibit B of the PUD documents reflect a design approach that will provide a project with setbacks that are different from the conventional TTRVC zoning district. The minimum TTRVC side setbacks are 10 feet for waterfront and 5 feet for non-waterfront lots, This petition proposes a nine- and zero-foot setback for all motorcoach lots which is a typical zero lot line configuration. Rear setbacks in the TTRVC are 10 feet for waterfront and 8 feet for non-waterfront; the PUD proposes a 10 foot setback for all motorcoach slabs. The proposed street setbacks proposed for this project are significantly less than what is set forth in LDC for TTRVC zoning district. The TTRVC requires a 50 foot setback from any public street, such as US 41 and Henderson Drive as shown below: External Street Setback External Street Setback (from (from US 41) Henderson Drive) TTRVC (Per frontage footnote in 50 feet 50 feet LDC 9402.01) 20 It for pool deck and tennis 15 It for Maintenance & Boat storage courts bldgs, Personal Utility and other Proposed CPUD accessory bldgs and pool deck (Shown) 20 It for tennis courts and motorcoach 25 feet It all other uses slabs 25 feet It office, clubhouse and bathhouse The diminished Henderson Drive setback (from what the conventional TTRVC district would require) exacerbates the massing and orientation of the disputed proposed boat storage facility location. As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is adjacent to Henderson Creek and then mobile home uses within the Holiday Manor Mobile Home Cooperative to the west (MH zoning); to the northwest is Tamiami Trail (US 41), then undeveloped tracts within the Winding Cypress DRI/PUD project; to the east is Henderson Drive, then San Marcos Mission Catholic Church, To the south is the Henderson Creek Mobile Home Park (MH zoning). The Mobile Home zoning district, pursuant to LDC Section 2,02.02 is a residential zoning district. The proposed project requests commercial zoning and commercial uses, thus the petitioner/developer must address potential compatibility issues arising from the different use types, The developer proposes Type D buffers that will include a wall around the northwest (20 feet wide), eastern boundaries (15 feet wide), A type D buffer consists of a double, staggered hedgerow, with #3 shrubs, 24 inches high at planting that are maintained at 36 inches along with trees planted 30 feet on center. A 15 foot wide type B buffer is proposed to the south and to the west along Henderson Creek. Deviation Discussion: The petitioner is seeking six deviations from the requirements of the LDC. The deviations are found in PUD Exhibit F. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 8 of 14 Agenda Item No. 8B December 11, 2007 Page 21 of 195 Deviation #1 seeks relieffrom LDC Section 4.06.06 of the LDC for the western side of the project along the creek, to require a fifteen foot buffer south of the boat ramp and adjacent to the canal and to maintain aiD foot Type "A" buffer north of the boat ramp. The reduction ofthe buffer from 15 feet to ] 0 feet is the subject of this deviation. Petitioner's Rationale: The applicant states in his justification for this deviation that the land north of the boat ramp across Henderson Creek is a preserve area; therefore a reduced setback will not impact any persons. Staff Analysis and Recommendation: This deviation provides an alternative to the required buffer in an area that will not impact any persons other than lot owners who may opt to purchase a lot within this project. Those lot owners would be closer to Henderson Creek if the deviation is approved. A location closer to a water feature is usually viewed as a benefit rather than a detriment, so approval of this deviation should not result in any internal incompatibilities. This design takes into consideration the site's location along the creek, and it appears to meet the intent of the LDC requirements. Zoning and Land Development Review staff recommends APPROVAL, finding that. in compliance with LDC Section 1O.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community" and LDC Section 1O.02.13.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief from LDC Section 4.05.04 to allow parking for accessory uses to be computed at 50 percent of the requirement. Petitioner's Rationale: The applicant states that the accessory uses, such as the pools, tennis courts and clubhouse will be located within a short walking distance of all motorcoach lots, thus lot owners and their guest will walk or use golf carts or bicycles as their primary means of transportation throughout the project rather than cars. Staff Analysis and Recommendation: The petitioner wishes to utilize the allowance made for single- and multi-family developments in LDC Section 4.05.04 as quoted below: Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities. . . . . However, any recreation faCility shall have a minimum of 2 spaces exclusive of parking spaces. Staff has no objection to this deviation as long as the project design provides parking for the alternative means of transportation proposed by the petitioner, e.g., golf carts and bicycles that will not interfere with open space, buffering or traffic movement. Staff, therefore has included stipulations to address this issue in the recommendation. The Master Plan has been designed to provide the two minimwn parking spaces referenced in the citation above. Zoning and Land Development Review staff has reviewed this deviation and recommends APPROVAL with the stipulation that PUD Exhibit F (Developer Commitments) be revised to include commitments by the developer to prohibit golf cart parking in any place other than a designated parking space. and further the developer must provide designated bicycle parking areas at each recreational amenity. As stipulated. staff recommends that a finding be made in compliance with Naples Motorcoach Resort CPUD. PUDZ-2006-AR.10648 October 18, 2007 CCPC Page 9 of 14 Agenda Item No. 8B December 11. 2007 Page 22 of 195 LDC Section 10.02.13.A.3. that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community" and LDC Section 10.02.13.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Section 6.06.0 I that requires local roadways to provide a minimum 60 foot right-of-way width, to allow a 24-foot right of way width for all project roadways except project's Tamiami Trail entrance way. Petitioner's Rationale: The justification for this deviation is that the proposed road right-of-way will be wide enough to accommodate the travel lanes, median (if applicable), drainage swales and utilities, and shall otherwise conform to the Construction Standards Manual. Staff Analysis and Recommendation: Transportation Planning staff has not voiced opposition to this deviation, therefore zoning staff does not object, however it needs to be clear that the roadways will be private and the responsibility for maintenance will be borne by the developer. A commitment to this effect needs to be added to Exhibit F. Zoning and Land Development Review staff therefore recommends APPROVAL with the stipulation that PUD Exhibit F be revised as noted above. As stipulated. staffrecommends that a finding be made in compliance with LDC Section 10.02.13.A.3, that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community" and LDC Section 10.02.l3.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4 seeks relief from LDC Section 4.05.02.F. that requires off-street parking areas to be arranged so that no motor vehicle shall have to back onto any street. Petitioner's Rationale: The justification for this deviation is to allow for limited parking for recreational areas depicted on the CPUD Master Plan to back into the private rights-of-way. The justification for this deviation is that the configuration of these areas is limited in their size and configuration and as a result the required parking can be more easily accommodated with this deviation. Furthermore, traffic volumes are low due to the nature of the proposed use because most patrons will walk rather than drive. Additionally speed limits will be posted at ten miles per hour. These factors offset safety considerations and allow these limited parking areas to better serve the needs of the resort. Staff Analysis and Recommendation: As noted in deviation #3, all project rights-of-way will be private and maintained by the developer or an entity created by the developer such as a property owners' association. As explained by the petitioner's agent, "traffic" will consist more of bicycles and golf carts rather than conventional yehicles. Also, the petitioner states (above) that the maximum speed limit will be posted at ten miles per hour. As such the county's concerns are lessened. However, PUD Exhibit F needs to be revised to include the petitioner's commitment to limit and post the maximum speed at ten miles per hour. With that stipulation, Zoning and Land Development Review staff recommends APPROVAL. finding that. in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 10 of 14 Agenda Item No. 8B December 11, 2007 Page 23 of 195 Deviation #5 seeks relief from LDC Section 4.06.02.C.4 that requires a 10 foot Type "D" buffer to separate the road rights-of-way from the recreational areas. Petitioner's Rationale: The petitioner's justification states the size and configuration of the recreational area is small so requiring a 10-foot wide "buffer in these limited recreational areas adjacent to the private road right-of-way would hinder the placement of needed parking for these areas." Staff Analysis and Recommendation: It appears to staff that this deviation is being sought because the petitioner wishes to maximize the development potential of the site. Omitting a buffer allows more square footage of development on site. Unlike a variance, no land-related hardship needs to be provided, however staff is not convinced that it is appropriate to eliminate a required buffer where there are no considerations other than to provide the developer the ability to allow more square footage of development. The developer could opt to reduce the size of the amenities or reduce the number of motorcoach units. Deviations #2, #3, and #4 are all deviations designed to allow maximum development of the site, however Deviation #1 does have some ameliorating factor because the preserve area is located across the creek, and deviations #2 and #3 are acceptable if the stipulations proposed by staff are incorporated into any approval. However, Deviation #5 does not seem to have any public benefit other than to allow over-development of the site. Staff is not convinced that this deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations" (LDC Section 10.02.13.B.5.h). It is staffs opinion that this deviation seems divergent from the Collier County path to require buffering to (LDC Section 4.06.01.A.): 1. Landscape Code. The purpose and intent of the landscape code is to: a. Promote the health. safetv, and welfare of residents of Collier Countv by establishing minimum uniform standards for the installation and maintenance of landscaping [underlining added by staff for emphasis}; b. Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; c. Promote preservation and planting of native plants and plant communities; d. Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; e. Screen and buffer the harsher visual aspects of urban development; [and} g. Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation. The current buffering requirements of the LDC have been adopted to promote the welfare of the community as noted in the citation above. In staffs opinion, approval of this deviation is not in the best interest of the welfare of the citizen of Collier County. Therefore, Zoning and Land Development Review staff recommends DENIAL, finding that, in compliance with LDC Section 1O.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the communitv" and LDC Section I 0.02.l3.B.5.h. the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #6 seeks relief from LDC Section 4.05.04, Table 17, from the boat ramp parking requirements that require a minimwn of] 0 spaces per boat ramp, to eliminate all boat ramp parking spaces. Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 11 of 14 Agenda Item No. 8B December 11, 2007 Page 24 of 195 Petitioner's Rationale: The justification for this deviation is that no public access will be allowed to the boat ramp and trailers will only be permitted to be stored in the boat storage building. Boats will only be placed in the water using the forklift. Staff Analysis and Recommendation: Staff has no objection to the concept to require all boats to be stored in the boat storage facility and requiring all boats to be placed in the water via the facility- provided fork lift. However, as noted previously in the staff report, Parks and Recreation staff has concerns about the dry storage, as quoted from their comments, "the dry storage facility is a considerable distance from the boat ramp [and] the forklift will necessarily be operating on the common road. This poses a severe safety risk, particularly in light of the requested deviations in sidewalk and roadway widths." Zoning staff can only support this deviation if the boat storage facility is relocated closer to the boat ramp. The developer most likely wishes to retain the creek ambiance so motorcoach lots will be available for purchase lots along the creek; however the boat storage facility (along with the adjacent recreation area if necessary) and the tennis courts could be exchanged as those uses are shown on the master plan. That would reserve the waterfront for motorcoach units while still relocating the boat storage facility closer to the boat ramp. Zoning and Land Development Review staff therefore recommends APPROVAL with the stipulation that PUD Exhibit F be revised as noted above. As stipulated. staff recommends that a finding be made in compliance with LDC Section 1 0.02.13.A.3, that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent/applicant duly noticed and held the required NIM at Manatee Middle School on March 7, 2007, 7:00 p.m. Approximately 50 neighboring property owners attended, along with the petitioner, his consultants and county staff. The applicant's team provided copies of several exhibits, including a Master Plan (Exhibit C), a Wall & Landscape detail for boat storage building, (Exhibit C-l), a list of Requested Deviations from the LDC (Exhibit E) and Development Commitments Specific to the Project (Exhibit F). The applicant and his agents presented an overview of the proposal and addressed the following as summarized below: . Q. Wall/buffering between site and adjacent residential property? A. "Constructing wall around perimeter of site" . Q. Lighting? A. "A light on every site is planned; no overhead street lighting" . Q. Boat storage? A. "The southeast comer of the site will be used for boat storage; a 25 foot high building will be constructed for dry boat storage, confined by an 8 foot wall; +/- 15 new boat docks to be allowed;" boat trailer parking, for a maximum of] 0 boats, will be provided for in the boat storage area. . Q. Access/traffic impacts: "One access from US-4l; limited access maintenance "road" on Henderson Drive; access to be shifted to the east-Dn US-4l away from bridge and road improvements" to be made by state or applicant based on County review. . Q. Changes to and demolition of current structures on site: "current convenience store on property to close on March 31, 2007; will put up temporary fence on west side of property during demolition." Mr. Henderson went on to say he will compensate for demolition damage to neighboring property owners. "If you have been damaged, you will be remedied." Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 12 of 14 Agenda Item No. 8B December 11, 2007 Page 25 of 195 . Q. Type of product: "Class A, 35 feet and longer motor coaches; rent or buy sites; 184 sites are being planned at the present time but the CPUD will allow up to 200 units with a clubhouse and amenities; no septic system in park, will be city sewer" . The site will be under construction later this year. Mr. Randall Henderson stated, "We want to restrict this property to motor-coach, six months occupancy only according to the CPUD Ordinance; no other types will be permitted... there will be deed restrictions". RECOMMENDA nON: Zoning and Land Development Review staffrecommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2006-AR-I0648 to the Board of County Commissioners (BCC) with a recommendation of denial because it is inconsistent with the GMP. The staffrecommendation for denial is largely predicated on the determination that the location of the boat storage facility is incompatible with the location proposed by the applicant. However, conditions could be incorporated into the PUD Ordinance that would adequately address staffs compatibility concerns and thus resolve the GMP inconsistency. These conditions are as follows: The petitioner must revise PUD Exhibit F, Development Commitments, to reflect the following: 1. Golf cart parking in any place other than a designated parking space is prohibited; and 2. The developer shall provide designated bicycle parking areas at each recreational amenity; and 3. Roadways will be private and the responsibility for maintenance will be borne by the developer; and 4. The developer shall limit and post the maximum speed at ten miles per hour; and 5. The development shall relocate the boat storage facility somewhere northwest of the lake shown on the Master Plan. Said relocation shall be subj ect to staffreview and approval as part of the development order/platting process; and 6. Further expansion of boat facility shall be prohibited; and 7. Deviation # 5 is denied. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Naples Motorccach Resort CPUD, PUDZ-2006-AR-10648 October 18. 2007 CCPC Page 13 of 14 Agenda Item No. 8B December 11, 2007 Page 26 of 195 REVIEWED BY: JEFFREY A. KLATZKOW ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT Of ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 27,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD findings Naples Motorcoach Resort CPUD, PUDZ-2006-AR-10648 October 18, 2007 CCPC Page 14 of 14 Agenda Item No. 8B December 11, 2007 Page 27 of 195 Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10648 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and the elements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the FLUE, the Conservation and Coastal Management Element, and the Transportation Element of the GMP offering a recommendation that this petition be found inconsistent with the overall GMP unless staff's recommendation regarding the boat storage facility is incorporated into the approval. Con: The proposed location of the boat storage facility is inconsistent with FLUE Policy 5.4. Findings: Based upon staffs review, the proposed development is not in compliance with the FLUE of the GMP for Collier County and all other relevant goals, objectives and policies of the GMP unless staffs recommendations regarding the boat storage facility are incorporated into the approval. 2. The existing land use pattern. Pro: The explanation of the request in the staffreport and the location and zoning map that is attached to the staff report show the proposed development does not leave any remnant parcels. The proposed rezoning can be accommodated with the existing land use patterns; however there are no guarantees that the site will accommodate the maximum development proposed. Con: The church located along the opposite side of Henderson Drive, another non-residential use, is set back almost 7 times the distance proposed for uses along Henderson Drive in this petition. Findings: Land use patterns are influenced by several key factors such as land ownership, water feature locations, such as the Henderson Creek, and roadway locations such as US 41 and Henderson Drive. Also affecting land use patterns are the developer's own site plan proposal. As noted above, the existing land use pattern along this section of Henderson Drive seems to indicate that an increased setback would be more in keeping with the existing land use pattern. As noted in the staff report, the "conventional" TTRVC zoning district requires a 50-foot setback from an external street; this project only proposes a IS-foot structural setback from Henderson Drive. The petitioner proposes to follow established property boundaries of a previously developed site. Page 1 01 6 Agenda Item No. 8B December 11, 2007 Page 28 of 195 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This rezone proposes uses somewhat similar to other uses in the area in that the surrounding developments consist of mobile homes rather than "stick-built" homes. Both the mobile homes and the motorcoach units are mobile in nature, but the comparison is slight. Mobile homes are considered residential dwelling units; motorcoach units are commercial "units." Con: The nearby mobile home units are residential units of more long term duration while the proposed motor coach units are clearly transient units of a commercial nature. findings: This petition does not create an isolated district because a portion of the subject parcel is currently zoned TTRVC, which would allow development similar to what is proposed. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. . Pro: The existing and proposed district boundaries follow existing property ownership, water, and roadway boundaries which appear logical. Con: Evaluation not applicable. findings: The district boundaries are logically drawn as discussed above. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed in compliance with the existing zoning districts' uses and development standards. It is the petitioner's choice to seek the proposed action. findings: The proposed zoning change would allow what appears to be an appropriate redevelopment of the site, however there is no evidence to support that changed or changing conditions make the approval of this petition necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed CPUD rezone will not adversely affect living conditions in the area because staff believes the uses proposed will be compatible with the existing land use in the surrounding area if staffs recommendation regarding the boat storage facility is incorporated into the approval. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 2 of 6 Agenda Item No. 8B December 11, 2007 Page 29 of 195 Con: As discussed extensively in the staff report, staff believes the project design citing the boat storage facility along the project perimeter is externalizing one of the tallest, most massive structures rather than internalizing this more intense element of the project. The proposed structure is proposed to be located within a minimal setback distance from the public's roadway thus the structure is oriented to have the most impact upon the traveling public rather than the least impact. Findings: The development proposes adequate landscaping, setbacks and buffering for the motor home lot layout component of this development but not for the boat storage facility. The County's land use policies that are reflected by the Future Land Use Element of the GMP support placing this development at this location only if staff s recommendation regarding the boat storage facility is incorporated into the approval. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP because the proposed motorcoach units will not bring additional vehicular trips to this area since the Transportation counts the trips from the previous mobile home, travel trailer and convenience store uses as "background trips, therefore this project's development will result in a net reduction of 65 PM Peak Hour, Peak Direction trips when compared to the previous uses. Con: The nearby mobile home uses are deemed to be residential in nature while the proposed motorcoach resort is a commercial use. The neighbors could perceive this to be an incompatible use. findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development will be designed in compliance with the requirements of the LDC. Con: Urban intensification (undeveloped [applicable now because the mobile home use has been disbanded] vs. developed) could potentially increase area-wide flooding in a severe rainfall event. findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 3 of 6 Agenda Item No. 8B December 11, 2007 Page 30 of 195 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the GMP, a public policy statement supporting zoning actions when they are consistent with said GMP, with the conditions recommended by staff. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. EXHIBIT A Rezone Findings PUDZ - 2006-AR-l0648 Page 4 of 6 Agenda Item No. 8B December 11, 2007 Page 31 of 195 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The subject site was developed with a mobile home park and a convenience store within the respective existing zoning districts that allowed those uses. The site could be redeveloped in a similar fashion if so desired. The petitioner has opted to seek this rezoning to allow a different use of this site, seeking rezoning is an allowable action of the LDC. Con: None. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this petition proposes changes that seem to be within the scale of the needs of the neighborhood and County if staffs stipulations are adopted. Con: None. Findings: With the stipulations recommended by staff, the proposed development complies with the GMP, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sitcs in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: None perceived. Con: The site will require extensive alteration to develop the use proposed. Findings: Any development of this site for the proposed use would require considerable site alteration. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 5 of 6 Agenda Item No. 8B December 11, 2007 Page 32 of 195 17. The impact of development on the availahility of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0648 Page 6 of 6 Agenda Item No. 8B December 11, 2007 Page 33 of 195 Exhibit B PUD FINDINGS PUDZ-2006-AR-10648 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed or is approved for development of a compatible nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: As discussed at length in the staff report, the proposed location of the boat storage facility is not suitable in relationship to the surround areas. Finding: The commitments and limitations included in the PUD document and the additional stipulations proposed by staff will adequately address the impacts from the proposed rezoning. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Docwnents submitted with the application provided evidence of unified control. The LDC and the PUD documents contain provisions for continuing operation and maintenance of the proposed private roadways and common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staffreport) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP if staffs stipulation to require the relocation of the boat storage facility is adopted. Con: Staff's analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Page 1 of 3 Agenda Item No. 8B December 11, 2007 Page 34 of 195 Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance if staff s stipulation to require the relocation of the boat storage facility is adopted. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: None Con: The proposed development standards, landscaping and buffering requirements do not, in staffs opinion, make the proposed development compatible with the adjacent uses. As noted in the staff report, the existing church located across Henderson Drive sets back from the road right-of-way approximately ] 00 feet. The proposed boat storage facility is proposed to setback only] 5 feet from the Henderson Drive right-of-way. Staff believes this proximity is inappropriate. Additional setback could ameliorate the boat storage facility's impact, but a better alternative would be to totally relocate the facility more interior to the project. It seems more logical to place a boat storage facility closer to the creek where the boats will be used. It seems that the applicant may be wishing to retain the aesthetically pleasing view of the water for the project's lot owners at the expense of the traveling public who get no benefit from the facility. The petitioner is siting the most obnoxious element of the project where it will have the least impact upon those persons who will have the most benefit from the facility. This is contrary to good planning practice regarding externalizing/internalizing impacts, as noted above. Finding; This petition is incompatible, both internally and externally, with the surrounding uses unless the storage facility is relocated on site. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code however the property development regulations proposed do allow the project to be developed quite intensely given the requested deviations. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD rezoning process, but the project's PUD FINDINGS PUDA-2006-AR-I0648 EXHIBIT B Page 2 of 3 Agenda Item No. 8B December 11, 2007 Page 35 of 195 development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Division Planning staff has determined that the proposed rezoning is consistent with the GMP Transportation Element requirements addressing roadway concerns. Con: None. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subj ect property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be 'addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: The petitioner is seeking six deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A) Con: Without additional stipulations Deviations #1, 2, 3, #4 and #6 would not be supportable. There are no stipulations that would make Deviation #5 supportable; staff is recommending Denial of Deviation #5. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. With the exception of Deviation #5 that staff does not support, staff believes, as stipulated, the deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.l3.B.5.h, the petitioner has demonstrated that the deviations are 'justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUD FINDINGS PUDA-2006-AR-I0648 EXHIBIT B Page 3 of 3 rof--CI"l coO 0> O~ ON_ Z .0 <I: . E'; ~ 0 $wQ) m a.. -DOl C1lEC1l c !; <( "0","- ::;) 0 fi Co "'", Q. z :;E .;eO ~ . (!) Z - ! ~ Z ::E: ~ 0 ~ ~ N ~ . ffi c. ::;)~ 0 Q.' 0 z ~ '" .". <0 0 - , :I: '" ::;; <: , <0 0 0 .' -~- / ~ :J - ll. .. Z 0 . f- " Ii . f- . W ll. . !i GJ . . i , ~ tz a.. ",Q <( ,!< 00 :;E I lEg · ili . ~ Z 0 -~~ 1-' ~., <( ! 1 . · i I I . u . I ! 0 -"""""""" ...J, g . . (S) Florida Department of Environmental Protection Agenda Item No. 8B December 11, 2007 PagECllarbt 0il61 Governor Jeff Kotlkamp Lt. Governor - ~"""""""",,p,,.~,~ Rookery Bay National Estuarine Researcn R"serve 300 Tower Road Naples, Florida 34113 (239) 417-6310, Fax (239) 417-6315 Michael W. Sole Secretary May 30, 2007 Kay Deselem Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: PUDZ-2006-AR-I0648 - Naples Motorcoach ttesort PUD Staff have reviewed the above referenced application. Outlined below are comments that Rookery Bay N ationa 1 Estuarine Research Reserve (RBNERR) has concerning this project, located adjacent to the Reserve. We believe that the proposed development may negatively tmpact the primary goals of RBNERR. RBNEI{R is one of the few remaining p"'istine mangrove estuaries in North America. Over the past three decades, on behalf of taxpayers across the State, the Department of Environmental Protection has spent over 57 million dollars to purchase lands within RBNERR to protect and conserve coastal wetlands for future generations to enjoy. The proposed development will sustain anthropogenic disturbance in the area, and boating activities associated with this project may impact aquatic resources, and we have concerns about secondary and cumulative impacts to adjacenl estuarine ecosystem within RBNERR. In order to protect the long-term ecosystem integrity of RBNERR we believe first consideration in determining permitted potential impacts to aquatic resources should be avoidance and minimization. The applicant has not provided sufficient information that the design of the proposed dry storage facility has taken steps to use avoidance and minimization to lessen permanent impacts on aquatic resources nor provided any compensatory mitigation plan. 1. Dry Storage Facility The proposed development is located adjacent to Rookery Bay Aquatic Preserve/RBNERR, and we believe that the dry storage aspect of the project should be reviewed by Florida Department of Envil'Onmental Protection Submerged Lands and Envil'Onmental Resources Program. Despite the assertion by the applicants agent within submittal documents, there is no guarantee that a new dry storage facility will not increase the number of boats accessing RBNERR from the project site as well as alter the type of boats that use the area. Any new boat ramp or docks associated with this properly would require an Environmental Resource Permit (ERP), and the proposed new dry storage facility should also be subject to the ERP review process. "Pro!l!(.'/, ('ol1sen'f (lilt! k/allagc Florida's Envirv/w)O!f alld :\!alllra/ Resoul'ces II "More Protection, Less Process" www.dep.statefl,lIs RECEIVED JUN 0 6 2007 ZONING DEPARTMENT Agenda Item No. 8B December 11, 2007 Page 38 of 195 2. Water Quality The proposed project may have impacts on water quality both during construction and once constructed. Since this project area is within the Outstanding Florida Waters (OFW, Chapter 62- 302.700, Florida Administration Code) of the RBNERR and Rookery Bay Aquatic Preserve, maintaining high water quality is of utmost importance, OFW designation requires that water quality not be degraded beyond ambient conditions at the time of designation. The proposed project has not provided reasonable assurance of compliance with water quality crileda relating to protecting existing ambient water quality. It is recommended that the water management system should be designed to meet SFWMD Outstanding Florida Waters design critteria. Regulatory staff should also ensure the use of Best Management Practices to minimize any impacts on water quality during proposed project (e.g. properly secured h1rbidity screens around the entire project area, no spilling of gas or oil). In addition, there should be no maintenance or fish cleaning allowed at the subjcct property, as well as no grease/ oil/ gas runoff from the moored boat(s). All activities within the proposed project should be consistent with the "Clean Boating Habits" as outlined in the "Clean Marina" brochure. 3. Listed Species Protection The significance of the animallue in RBNERR al'ea was an important factor in the designation as an Aquatic Preserve. Management objectives for the fauna within the RBNERR is focused on their protection, through preservation or restoration of nah1ral habitats within the area. Manatees are known to frequent Henderson Creek, and potential impacts to manatees from activities associated with this permit should be addressed. The principal threat to manatees is boat h'affic in essential h'avel corridors and feeding areas, resting areas, warm-water refuges, and freshwater sources. Manatees use Henderson Creek area year-round as a feeding and resting area. The presence of boats in the area will degrade manatee habitat as well as increase the probability of manatee deaths resulting from boat collision. Improved boater education is also needed and can be enhanced through programs developed to increase public awareness of the damage that boats can inflict on manatees, including additional signagc rcgarding the protection of manatees and !'elated speed zones. 4. Secondary and Cumulative Impacts The open waters and channels of the RBNERR area are shallow, averaging less than 3 feet in depth, Improved boatel' education is also needed and can be enhanced through programs developed to increase public awareness of the damage that boats can inflict on shallow water communities, including additional signage regarding the protection of seagrass beds and tidal flats. 5. Please t'e-initiate the consultation process wiU, RBNERR if modification to pmject arises. This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency action. The comments provided herein are not the final position of the Department and may be subject to revision pursuant to additional information and further review. Primed Oil recycled paper. Agenda Item No. 8B December 11, 2007 Page 39 of 195 If I can be of further assistance, please do not hesitate to contact me. Thank you for the opportunity to comment. gqpv- RBNERR Resource Management Coordinator cc: Robert Duane, I Iole Montes, Inc. Mark Miller, FDEP SLERP Skip Bergmalm, USACOE Ed Cronyn, SFWMD Skip Bergmann, US Army Corps of Engineers (SA) 2000-1092) Steven Lenberger, Collier County Environmental Services Tad Bartareau, RBNERR Envil'Onmental Specialist Pl'itJled 011 recycled pnper. Agenda Item No. 8B December 11, 2007 Page 40 of 195 MANATEE PROTECTION PLAN SUMMARY FOR NAPLES MOTOR COACH RESORT Prepared for Mr. Randall Henderson Updated JULY 20, 2007 PREPARED BY: ~ TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE B NAPLES, FLORIDA 34104 TELEPHONE: (239) 643-0166 FAX: (239) 643-6632 Agenda Item No. 8B December 11, 2007 Naples Motor CoaE!lifRe'Shfi 195 Manatee Protection Plan Review Revised July 20, 2007 I. INTRODUCTION This swnmary analysis was prepared to provide information to Collier County reviewers in relation to the proposed construction of a boat storage area on Henderson Creek immediately south of U.S. 41. The storage area would be a part of the proposed redevelopment of the existing mobile home park to an upscale motor coach resort. Specifically, we have examined the shoreline and benthic habitats along that stretch of the creek, we have looked at the known boat related manatee mortality information, and we have looked at the waterway leading from the building out to the Gulf of Mexico. The results to date of our findings are described in the following report. The project is located in Section 3, Township 51 South, Range 26 East, Collier County. It lies in the southeast quadrant of the U.S 41 Bridge over Henderson Creek, about 1 mile east of the U.S 41 and CR 951 intersection. The property is approximately 22 acres of which all of it was developed mobile home sites but all of the mobile homes have been removed and the entire site has been cleared and is currently under construction (earthmoving and sorting). The property has just over ] 000 feet of shoreline, which is sodded. Several red mangroves mixed in with Brazilian pepper were scattered along the shoreline and fourteen (14) small docks had been present behind trailers. A staging dock associated with the existing community boat ramp was also present. This ramp was located adjacent to the boat ramp near the center of the project and was available for use to the entire community (approximately 290 residences). It appears that in the course of the site clearing activities; the doeks and shoreline vegetation have been recently removed. Shoreline vegetation removed includes the Brazilian pepper, citrus trees, bougainvillea, ficus trees, and assorted other landscape plants. A couple of mangroves (one red and one white) were damaged during the dock and Brazilian pepper removal but the rest of the shoreline mangroves were undisturbed. The ramp is still in place. II. PROJECT DESCRIPTION The proposed project is a conversion of an existing mobile home park into a motor coach / recreational vehicle park. As stated above, there were fourteen (14) residential docks behind mobile homes as well as a community boat ramp with an associated staging dock. The below descriptions are limited to the proposed boat utilization associated with the project. Private Docks Under the proposal, the owners of the lots along the creek will have the option of permitting small docks for their private use. In addition, a staging dock for the ramp will also be constructed. A total of 26 private docks and one community dock (27 total docks) would result. Agenda Item No. 8B December 11, 2007 Naples Motor CoaFlfCJ'tt!S'lJ# 195 Manatee Protection Plan Review Revised July 20, 2007 Boat Ramp Also proposed, as part of this plan, is a conversion of the existing boat ramp. The applicant is proposing to construct a boat storage area on the property that will house up to 36 vessels and provide storage space for an additional 10 boat trailers. The existing ramp may be modified to accommodate the proposed lift that will be used to transport the vessels from the storage building to the water. Only the vessels kept in the storage area and the 26 private vessels along the creek will be allowed the use of the ramp. This will result in a substantial decrease from the past conditions of over 290 potential users of the ramp. Shoreline The applicant is considering installation of a retaining wall along the shoreline of the property. According to the description provided, this wall will be located landward of the Mean High Water line, will not impact any mangroves, and will not involve dredge or fill of wetlands. As such, it will serve to minimize the potential for siltation or erosion from the development into the creek and will help to maintain the shoreline integrity. Since no wetlands or mangroves will be impacted, this retaining wall will have no impact on the shoreline aspect of the Manatee Protection Plan review. III. MANATEE PLAN PARAMETERS Water Depths A certified survey of the shoreline depths has not been conducted but during the benthic survey it was clear that there are areas where water depths are less than four feet deep. It is also known that there are shallows / shoals between the project and the Gulf of Mexico that have less than four feet of water at low tides. Shoreline Resources In order to assess shoreline resources, an assessment dive was conducted. The basic objective of the dive was to investigate the area for benthic habitats that could potentially be impacted by the proposed project. We looked at water depths, water clarity, and for the presence of seagrasses, marine algae, or oysters. This survey was updated on May 9, 2007 to verify the continued existence of the resources previously observed. The survey consisted of an observer on the boat and a diver in the water. Shallow water depths (<8 feet) allowed us to snorkel to transects. We dove both parallel and perpendicular to the shoreline while investigating the bottom. The dive turned up a patch of scattered seagrasses along the shoreline. One small patch of Widgeon Grass (Ruppia maritima) was observed along one area of the shoreline from the water's edge to about 3 to 5 feet out from the shore. Most likely, this is as deep as it can grow in this area and still get enough light. During the first survey, there was a lot of water coming over the weir on the north side of U.S. 41 and between the foam from the churned water, and the suspended sediments in the water, light penetration (approx 3') as 2 Agenda Item No. 8B December 11, 2007 Naples Motor CoaFllrRefiJfil195 Manatee Protection Plan Review Revised July 20, 2007 well as visibility (approx. 18") was limited. The grass density was sparse and varied between 2 and 15 percent. The majority of the shoreline had no grasses and no other quality benthic resources were observed. There were no grasses observed around the existing boat ramp. During the most recent survey, no water was coming over the weir but visibility was still very limited. The proposed site plan indicates that there are 3 lots whose docks could potentially affect the seagrasses. The extent of the seagrasses observed during the dives was approximately ] 40 feet along the shoreline extending about 3 to 5 feet out from the shore. We believe that the access walkways for the docks would impact no more than 9 square feet but this will have to be re-assessed, as part of the permitting that will occur immediately prior to any construction. An exhibit depicting the shoreline dive transects and the area where seagrasses were observed is included for review. Manatee Mortalitv The Florida Fish and Wildlife Conservation Commission (FFWCC) database indicates that there have been 130 manatee deaths in Collier County between April 1974 and December 2006, which are directly attributable to boat impacts. Of these, fifteen of them (<12%) have occurred within five miles of the project site. Since less than 20% of the boat related deaths within the county have occurred within 5 miles of the project site, this site would not be considered to be within a high manatee use area. An exhibit depicting the location of the boat related manatee deaths is included for revIew. IV. RESULTS AND DISCUSSION The existing ramp is essentially a "use-as-you-will" ramp with little to no supervision or boater education. As part of the renovation, a proper management plan should be created to maintain the marina in up-to-date condition and with most current BMPs in place. In addition to the management plan, an education program should be developed (preferably in conjunction with Rookery Bay NERR staff) with information on manatees, seagrasses, and the local waterways for patrons of the building. This would add a level of protection to local resources by informing the boaters of easily defined do's and don'ts in our local waters. Due to the width of the waterway and the water depths associated with the project, dock lengths should be limited to 20 feet. Either perpendicular or parallel mooring is possible at the site except for those three lots where seagrasses are present. At those lots, only parallel mooring should be permitted outside of the seagrass footprint. When the homeowners apply for their dock permits, a benthic survey should be conducted to 3 Agenda Item No. 8B December 11, 2007 Naples Motor CoaE'lffll:tMJii! 195 Manatee Protection Plan Review Revised July 20, 2007 determine if the seagrass coverage has expanded. If the proposed dock will affect seagrasses, then parallel mooring should be proposed outside of the seagrass footprint. According to the analysis, this property should be classified with a moderate ranking under the Collier County Manatee Protection Plan. The intended use should not impact 5% of the existing shoreline or benthic resources and it is in a low manatee use area, but the depths out to the Gulf are less than 4 feet in some places. With a moderate ranking, the property would be allowed 10 slips per 100 feet of shoreline or approximately 110 slips. The moderate ranking also allows for the expansion of existing boat ramps or dry storage building but prohibits the construction of new ramps or dry storage building. The Manatee Protection Plan does not address the conversion of a boat ramp to a storage building but the applicant's opinion is that such a conversion should be consistent with the intent of the Manatee Protection Plan as long as the intensity of use is not expanded. In this case, the use would decrease from over 100 vessels using the ramp to a maximum of 73 vessels including the single-family docks and the proposed storage area. However, this is not specifically addressed in the Plan and will be up to staff and legal interpretations. The proposed project would allow a maximum of 26 private wet slips, a staging dock for the ramp, storage for 10 boat trailers, and 36 vessels. This is substantially under the current potential use by all 293 residents and also substantially lower that the 110 wet slips that could be allowed under the Manatee Protection Plan. 4 Agenda Item No. 8B December 11, 2007 Page 45 of 195 Signs were installed Sat.,Sept. 29, 2007 East Trail Frontage Henderson Dr Frontage Agenda Item No. 8B December 11, 2007 Page 46 of 195 ORDINANCE NO. 2007-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE MOBILE HOME, TRAVEL TRAILER RECREATIONAL VEHICLE CAMPGROUND, AND HEAVY COMMERCIAL ZONING DISTRICTS (MH, 'ITRVC & C-5) TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT DISTRICT (CPUD) FOR A PROJECT TO BE KNOWN AS THE NAPLES MOTORCOACH RESORT LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY THREE QUARTERS OF A MILE EAST OF ISLE OF CAPRI, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 23.2 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Naples Motorcoach Resort, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC, & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort in accordance with the Exhibits attached hereto as Exhibits A through F and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004.41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Department of State. Agenda Item No. 8B December 11 , 2007 Page 47 of 195 PASSED AND DULY ADOPTED by a super-majority vote 01 the Board of County Commissioners of Collier County, Aorida, this _ day of ,2007. ArrEST: DWIOID E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAllUMAN , Deputy Clerk Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: List of Allowable Uses Commercial Development Standards Master Plan, three-page set of plans Legal Description List of Requested Deviations Development Commitments Specific to the Project Agenda Item No. 8B December 11. 2007 Page 48 of 195 EXHIBIT A NAPLES MOTORCOACH RESORT CPUD ALLOWABLE USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Class A motorcoach vehicles, as described herein. One (1) Class A motorcoach vehicle per "lot" (assigned parking space). Definition: Motorcoach vehicles shan be defined as those vehicles which have been categorized by the Recreational Vehicte Industry Association of America (RVlA), and the Family Motorcoach Association (FMA), as Class "A" or "Motorcoaches" and/or factory customized bus conversions, that: (a) are mobile. in accordance with the code of standards of the RV1A and FMA; (b) are self-propelled, and completely self-contained vehicles, which include all the conveniences of a home including, but not limited to cooking, sleeping, shower and bathroom facilities; (c) are structured so that the driver's seat is accessible from the living area in a walking position; (d) contaiu a minimum interior height of 6 feet in the living areas; (e) have a minimum length of 35 feet, a maximum length of 45 feet and a maximum width of 102 inches plus slide outs; and (f) have a fixed roof, as opposed to the "pop-up" variety. 2. Any other use or service which is comparable in nature with the uses set forth herein and is found to be compatible in the district by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Amenities customarily associated with recreational vehicle parks, such as recreation and social facilities (both indoor and outdoor) administration buildings, service/maintenance buildings, bathrooms, laundries and similar services for occupants of the park. Recreation facilities may include but are not limited to swimming pools, tennis courts, boating facilities, playground and clubhouse for indoor recreation. 2. Utility buildings as may be required for the operation or maintenance of the park not to exceed 1000 s.f. 3. Twenty-seven (27) proposed docks. 4. The existing boat ramp. 5. A boat storage facility, in the approximate location shown on the CPUD Master Plan, with up to 32 spaces. The actual maximum height of the building shall be 15 feet. 6. Small utility buildings having a floor area up to 100 square feet are permitted on each individual motorcoach lot and can have bathroom facilities. Revised 10-24-07 Agenda Item No. 8B December 11, 2007 Page 49 of 195 EXHIBIT B NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT STANDARDS PRINCIPAL AND ACCESSORY STRUCTURES Minimum Lot Area Minimum Tract Area Minimum Lot Width Minimum Tract Width 2200 SF N/A 30 Feet N/A MINIMUM SETBACKS (IN FEET) HENDERSON HENDERSON MAX U.S. 41 DRIVE CREEK FRONT SlOE REAR BLDG (from D.E.) HEIGHT* Office 25' 25' 25' 10' 10' 10' 25' 032' Clubhouse 25' 25' 25' 15'** ] 5' 20' 25' 040' Bathhouse 50' 25' 25' 20' 5' 25' 20' 021' Maintenance 25' 15' 25' 20' 5' IS' 25' 032' - Bldg Boat Storage 25' t5' 25' 10' 5' 15' 13'/15' Bldg Personal U titity 25' 15' 25' 15' 0 15' 10' oIl' Bldgs. Pool Deck 20' 15' 15' 15' 5' 15' NA Tennis Courts 20' 20' 25' 20' 10' 10' N/A Guard House N/A N/A N/A N/A N/A N/A 20'/25' Motorcoach 25' 20' 20' N/A 0/9*** 10' NA Slahs Other Accessory 25' 15' 25' 15' 0 15' 20' 021' Bldg TABLE 1 * Maximum zoned building height per LDC definition / Maximum actual building height per definition ** The porte eochere for the clubhouse shall be located 3 feet from the right-of-way. *** 0' setback on one side of lot and 9' minimum on other side; side setback for motorcoach slabs only shall be measured 20 feet from back of curb Revised 10/24/07 Agenda Item No. 8B ,... .. 11 ') 7 Page 50 of 195 MINIMUM LOT , ~ I- 4J It' C/) ~ ~ .-aJl 1,.01 '* r:; 'lo'lS'P SLAB & UTlUTY BLOG SETBACKS ..,.o~ ,,~ ~o. ~~ VEHICLE SETBACKS , ~ ~o. ~\ 1! ! f IiMI HOLE MC::lNI'9 BGJEERS-PlANNERSoSllM'fORS """"""""'"""" 950 Encore Way Naples, FL. 34110 Phone: (239)254-2000 Florida Certificate of Authorization No.1n2 Naples Motorcoach Resort CIE~c.'::.' 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I 1--+ , ~ 2 . ~ 00 ~ - ~ : , ~ ~ ~ eJb ~ ~ ili~~~ b~b< !!! +0." iD15c 1ii,.;2.:,j ilio-:lrio:: Tif T ~ ..J !I~ ':' i~ 8 , , , ~ ~ ^ <( z 0 ;::: <( > ! w ...J ~~ W -< '" " z z ~~ 0 0 n:~ ;::: ;::: g~ <( u l....., > w w Ul ...J 0 W W 0 f- W ~~ f- <( f-" 0:: (/)~ f- :JW Ul ...J<i :J ...J0 ...J _ w =' W ~ <0 ~. .~ "" .. g Agenda Item No. 8B December 11, 2007 Page 53 of 195 EXHIBIT D LEGAL DESCRIPTION: PARCEL I COMMENCING AT THE NORTHEAST CORNER OF BLOCK L, HENDERSON CREEK PARK 1ST ADDITION, AS RECORDED IN PLAT BOOK 8, PAGE 41, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID NORTHEAST CORNER BEING THE INTERSECTION OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (TAMlAMl TRAIL) AND THE WESTERLY RIGHT-OF-WAY LINE OF HENDERSON DRIVE, RUN SOUTH 00 DEG 41 MIN 40 SEC WEST, ALONG THE EAST LINE OF SAID BLOCK L, FOR 236.61 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEG 41 MIN 40 SEC WEST, ALONG SAID EAST LINE, FOR 641.92 FEET TO A POINT HEREINAFTER TO BE KNOWN AS POINT "A"; THENCE RUN NORTH 89 DEG 24 MIN 50 SEC WEST, PARALLEL WITH AND 65.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY RIGHT-OF-WAY LINE OF SONDERHEN DRIVE AS SHOWN ON SAID PLAT OF HENDERSON CREEK PARK FIRST ADDITION, FOR 515.12 FEET; THENCE RUN NORTH 59 DEG 28 MIN 27 SEC WEST, FOR 110.76 FEET; THENCE RUN NORTH 89 DEG 24 MIN 50 SEC WEST, FOR 305.00 FEET; THENCE RUN NORTH 29 DEG 17 MlN 06 SEC WEST, (INDICATED ON PLAT AS BEING NORTH 29 DEG 28 MlN 46 SEC WEST) ALONG THE WEST LINE OF LOT 11, BLOCK J OF SAID PLAT, FOR 126.23 FEET; THENCE CONTINUE TO RUN NORTH 29 DEG 17 MlN 06 SEC WEST, FOR 207.47 FEET TO A POINT HEREINAFTER TO BE KNOWN AS POINT "B"; THENCE RUN NORTH 51 DEG 56 MIN 37 SEC WEST, FOR 45.00 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK L; THENCE RUN ALONG SAID WEST LINE, 196.24 FEET ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING RADIUS OF 2854.93 FEET AND SUB TENDED BY A CHORD HAVING A LENGTH OF 196.20 FEET AND BEARING NORTH 36 DEG 05 MlN 14 SEC EAST; THENCE RUN SOUTH 54 DEG 20 MIN 16 SEC EAST, ALONG BLOCK L, FOR 798.33 FEET; THENCE RUN NORTH 00 DEG 41 MlN 40 SEC EAST, STILL ALONG BLOCK L, FOR 815.39 FEET; THENCE RUN SOUTH 54 DEG 20 MIN 16 SEC EAST, FOR 428.38 FEET TO THE POINT OF BEGINNING. PARCEL II A TRACT OF LAND BEING PART OF VACATED BLOCKS A AND B, HENDERSON CREEK PARK, RECORDED IN PLAT BOOK 6, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAID BLOCK A, RUN NORTH 54 DEG 20 MIN 16 SEC WEST, 428.38 FEET ALONG THE TAMlAMl TRAIL FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEG 41 MIN 40 SEC WEST, 1052.00 FEET; THENCE NORTH 54 DEG 20 MIN 16 SEC WEST, 798.33 FEET TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT, RECORDED IN O.R. BOOK 76, PAGE 127, OF SAID PUBLIC RECORDS; THENCE 690.95 FEET ALONG THE ARC OF A CURVE, BEING THE AFOREDESCRIBED CENTERLINE OF SAID EASEMENT, CONCAVE TO THE NORTHWEST, HAVING A H:\200S\2005144\WP\Rezone\ResubmittaI July 2007 in progress\EXHIBIT D.doc 1 Agenda Item No. 8B December 11, 2007 Page 54 of 195 RADIUS OF 2854.93 FEET AND A CHORD BEARING NORTH 27 DEG II MIN 40 SEC EAST, 688.37 FEET; THENCE NORTH 20 DEG 16 MIN 12 SEC EAST, 187.96 FEET ALONG SAID CENTERLINE OF EASEMENT TO SAID T AMIAMI TRAIL; THENCE SOUTH 54 DEG 20 MIN 16 SEC EAST, 346.67 FEET TO THE POINT OF BEGINNING. PARCEL III A PORTION OF BLOCK L, HENDERSON CREEK PART 1ST ADDITION, AS RECORDED IN PLAT BOOK 8, PAGE 41, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE P ART1CULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, TALLAHASSEE MERIDIAN, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEG 24 MlN 50 SEC WEST, ALONG THE SOUTH LINE OF SAID SECTION 3, FOR 60 FEET TO THE EXTENDED CENTERLINE OF HENDERSON DRIVE; THENCE NORTH 00 DEG 41 MlN 40 SEC EAST, ALONG SAID EXTENDED CENTERLINE AND ALSO THE CENTERLINE OF HENDERSON DRIVE, 600 FEET TO THE INTERSECTION OF SONDERHEN DRIVE; THENCE NORTH 89 DEG 24 MIN 50 SEC WEST, ALONG THE CENTERLINE OF SONDERHEN DRIVE. 50 FEET TO THE WEST RIGHT-OF-WAY OF HENDERSON DRIVE; THENCE NORTH 00 DEG 41 MlN 40 SEC EAST, ALONG SAID WEST RIGHT-OF-WAY. 973.53 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF TAMlAMI TRAIL, U.S. 41, TO THE POINT OF BEGINNING; THENCE NORTH 54 DEG 20 MIN 16 SEC WEST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMl TRAIL, U.S. 41,428.38 FEET; THENCE SOUTH 00 DEG 41 MIN 40 SEC WEST, FOR 236.61 FEET; THENCE SOUTH 54 DEG 20 MIN 16 SEC EAST, PARALLEL TO TAMlAMl TRAIL, U.S. 41, FOR 428.38 FEET; THENCE NORTH 00 DEG 41 MIN 40 SEC EAST, 236.61 FEET TO SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMlAMl TRAIL, U.S. 41, WHICH IS THE POINT OF BEGINNING. PARCELJV EASEMENT INTEREST FOR CONSTRUCTION AND MAINTENANCE OF A SEWER LINE(S) AND INGRESS AND EGRESS FOR THE PURPOSE OF MAl NT AINlNG SAID SEWER LINE(S) AS SET FORTH IN THAT CERTAIN EASEMENT AGREEMENT RECORDED AT O.R. BOOK 588, PAGE 458, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AFFECTED BY THAT CERTAIN SUBORDINATION OF EASEMENT RECORDED AT O.R. BOOK 1401, PAGE 1101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. H:\2005\2005!44\WP\Rezonc\Resubmittal July 2007 in progress\EXHIBIT D.doc 2 Agenda Item No. 8B December 11, 2007 Page 55 of 195 EXHIBIT E NAPLES MOTORCOACH RESORT CPUD LIST OF REQUESTED DEVIATIONS FROM LDC 1. SPECIAL BUFFER A deviation to Section 4.06.06 of the LDC for the western side of the project along the creek, to require a fifteen foot (15') buffer south of the boat ramp and adjacent to the canal and to maintain a 10 foot Type A buffer north of the boat ramp. The reduction of the buffer from 15 feet to 10 feet is the subject of this deviation. The justification for this deviation is that north of the boat ramp the adjoining land use is a preserve. Area located north of the boat ramp and to the west of the canal, requires a lesser degree of buffer. This is Deviation # 1. 2. PARKING REQUIREMENTS Parking for accessory uses shall be computed at 50% of the normal requirement as set forth in Section 4.05.04 of the LDC and this is a deviation to this section of the LDC. The justification for this deviation is, with multiple indoor and outdoor facilities within a short watking distance of all motorcoach lots, parking would not be utilized at normal standards. Walking, golf carts and bikes are the primary means of transportation. This is Deviation #2. 3. PRIVATE ROADWAY WIDTH A deviation to Section 6.06.01 of the LDC not to require 60 foot ROW width. Excepting the wide entrance way, private roadways shall have a 24 foot right of way width. The justification for this deviation is that the road right-of-way is wide enough to accommodate the travel lanes, median (if applicable), drainage swates and utilities, and shall otherwise conform to the Construction Standards Manual. This is Deviation #3. 4. OFF-STREET PARKING AREA A deviation to Section 4.05.02.F. of the LDC that requires that off-street parking areas must be accessible from a street, alley or other public right-of-way and all off-street parking facilities must be arranged so that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches. The justification for this deviation is to allow for limited parking for recreational areas depicted on the CPUD Master Plan to back into the private right-of-way easement area. The justification for this deviation is that the configuration of these areas is limited in their size and configuration and as a result the required parking can be more easily accommodated with this deviation. Furthermore, traffic volumes are low due to the nature of the proposed use as most patrons walk rather tban drive and speed limits are posted at ten miles per hour. These factors will offset safety considerations and allow these limited parking areas to better serve the needs of the resort. This is Deviation #4. Revised 10-24-07 Page 1 of 2 Agenda Item No. 8B December 11, 2007 Page 56 of 195 EXHIBIT E NAPLES MOTORCOACH RESORT CPUD LIST OF REQUESTED DEVIATIONS FROM LDC (CONT...) 5. LANDSCAPE BUFFERING A deviation to Section 4.06.02.CA of the LDC that requires a 10 foot Type D buffer to a road right-of-way internal to the resort at time of site plan approval so as to allow for the limited parking adjacent to the recreational areas as shown on the CPUD Master Plan. The justification for this deviation is that the size and configuration of the recreational areas is limited in size and relocating the buffer area will reduce impervious surface and result in more efficient utilization of these areas. The required buffer will be located adjacent to the parking areas as shown on the CPUD Master Plan and not adjacent to the road right-of-way. This is Deviation #5. 6. BOAT RAMP PARKING A deviation to Section 4.05.04, Table 17, parking requirements so as not to require a minimum of 10 spaces per boat ramp with a dimension of 10 feet wide by 40 feet long. The justification for this deviation is that no public access will be allowed to the boat ramp and trailers will only be permitted to be stored in the boat storage building. Boats will only be placed in the water using a boat traiter. Boat trailers will not be left at the boat ramp but rather moved back to the boat storage area untit needed to remove the boats from the water. (See also Exhibit C-l.) Revised 10-24-07 Page 2 of 2 Agenda Item No. 8B December 11, 2007 EXHIBIT F Page 57 of 195 NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 1. TRANSPORTATION REQUIREMENTS A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. B. Arterial-level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the final certificate of occupancy (CO). C. Access Points shown on the PUD Master ptan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. D. Site related improvements (as opposed to system related improvements) necessary for safe inf,'l"ess and egress to this project, as detennined by Collier County, shall not be eligible for impact fee credits. AIt required improvements shall be in place and available to the Public prior to commencement of on-site construction. E. Nothing in any Development Order (DO) shalt vest a right of access in excess of a right- in/right-out condition at any access point. Neither shalt the existence of a point of inf,'l"ess, a point of ef,'l"ess, or a median opening, nor the lack thereof, be tlie basis for any future cause of action for damages against the County by the Developer, its successor in title, or assignee. Coltier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such modifications shalt be based on, but not limited to, safety, operational circulation, and roadway capacity. F. If any required turn lane improvement requires the use of existing County or State Rights-of-Way or easement(s), then compensating Right-of-Way shalt be provided at no cost to Collier County as a consequence of such improvement(s) upon finat approval of the turn lane desif,'11 during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator or his desif,'11ee. G. If, in the sote opinion of Coltier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Coltier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the devetoper, his successors or assigns. The improvements shalt be paid for or instalted, at the County's discretion, prior to the appropriate corresponding CO. H. Money in the sum of $77,145.70, in lieu of, wilt be provided for sidewalks and bike lane on U.S. 4t within 180 days of adoption ofthis ordinance. Revised 10-26-07 Page 1 of 3 Agenda Item No. 8B December 11, 2007 EXHIBIT F Page 58 of 195 NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT I. Roadways and Speed Limits. Roadways will be private and responsibility for maintenance shall be the responsibility of the developer. Speed will be limited to ten miles per hour on internal roadways and so posted. 1. Golf cart parking in any ptace other than a designated parking space is prohibited. K. Bicycle Parking shall be provided at all recreation areas, 2. LANDSCAPING REQUIREMENTS The developer shall provide a 15- foot wide buffer area that is comprised of four rows of native trees, planted at a maximum of 25 feet on center in staggered rows on the Henderson Drive side of the covered boat storage area. Trees shall be a minimum of 18 feet overall average height with a minimum diameter at breast height (DBH) of three inches, There shall be two rows of shade/canopy trees that include no clustering; and two rows trees of varied species that can be clustered. The 15- foot wide buffer shall also include a double staggered hedgerow that is a minimum of 6 feet high at time of planting. The buffer area shall also include a wall that is a minimum of 8 feet high, At least, half of the required shade/canopy trees shall be planted on the Henderson Drive side of the wall. (See Exhibit C -1 ) 3, DUMPSTERS AND TRASH REMOVAL Subject to site plan approval. the developer shall place a minimum of two large dumpsters in the maintenance area, where the maintenance crew at the resort will deposit trash collected (in plastic bags) from each lot. Trash pick-up within the resort shall occur twice daily and then be collected from the maintenance area by a commercial rubbish disposal company. 4. HURRICANE PROTECTION/PERMANENT LOCATION OF MOTORCOACH VEHICLES Motorcoach vehicles may not be permanently tocated on any lot and no permanent residency is allowed, The maximum stay shall be six months per year, Within 60 days of plat approval, the developer shall record a covenant running with the land in the Public Records of Collier County referencing this restriction on permanent residency. The owner, or user, of the unit is responsible for registering his or her arrival and departure with the manager of the resort. Failure to register shall hold the owner or user responsible for any penalties imposed by Collier County, No unoccupied motorcoaches shall be left on site during the hurricane season and all motorcoaches must be removed from the subject project if a hurricane watch is issued. 5, REQUIRED FACILITIES The developer shall ensure that electricity, central water and sewer, and telephone services are available to each motorcoach site. Trash for the individual lots and from the recreational areas shall be collected daily by the Resort's staff and placed in the dumpsters provided at the boat storage site. A contract with a waste management company will be made to empty the dumpsters on an as need basis (one dumpster will be for trash and the other for recyclables), Revised 10-26-07 Page 2 of 3 Agenda Item No. 8B December 11, 2007 EXHIBIT F Page 59 of 195 NAPLES MOTORCOACH RESORT CPUD DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT The developer shall provide sanitary facilities including flush toilets and showers in the recreational area adjacent to the clubhouse but are not required within a 300 foot walking distance from every lot, since motorcoaches are equipped with these facilities and an additional restroom is allowed in the utility building permitted on each lot. 6. BOAT DOCKS/BOAT STORAGE Parking for trailers shall not be permitted at the boat ramp (See Deviation # 6). No parking for trailers or boats shall be permitted on any motorcoach lot. Boat storage shall be only permitted in the area shown as "boat storage" in Tract 1, and said boat storage shall be limited to a maximum of 32 boats on trailers in two, single-story structures that have a maximum height (actual) of 15 feet. In order to control boat use, the boats shall be put in and taken out to the water by the resort's maintenance crews. This commitment is consistent with the stated objectives of the Collier County Manatee Protection Plan to reduce boat-related manatee mortalities, achieve an optimal sustainable manatee population, and protect manatee habitat. In order to ensure consistency with the Manatee Protection Plan, further expansion of boat facility shall be prohibited. The number of new boat slips for each lot to be permitted by individuat owners will be 26; plus one at the boat ramp for a totat of 27. The proposed boat docks shall be permitted parallel and perpendicular except where sea grasses are present along the shoreline. The perpendicular docks will be four feet x 20 feet. If seagrasses are present, then a three foot wide perpendicutar access walkway shall cross the seagrass area to a parallel dock outside of the seagrasses to the shoreline and shall not exceed four feet in width and 12 feet in length. Boat storage for up to 32 boats shall be permitted. Parking for boat trailers shall not be permitted adjacent to the boat ramp (see Deviation #6). 7. HENDERSON DRIVE ACCESS The access on Henderson Drive shall only be used for recycle and dumpster use. Access to the boat storage facility shall not use Henderson Drive and no other delivery vehicles will use this access. Revised 10.26-07 Page 3 of 3 Agenda Item No. 8B December 11, 2007 Page 60 of 195 COLLIER COUNTY GOVERNMENT DlUVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESllOE (i) NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 . ~\,lj)ffl1Hi" .,. ~~-i(,;\~~....-, . .~) '. "rQi'p,rnr;,'FoVtiD,. PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER ] PlIDZr2006-AR-10648 REV: 4 Projecl: 2006060057 Date: 7/30/07 DlIE: 8/27/07 I, .~. , , ... .. . c. .. _ " , . '~PUIC~~~INI)'Ol~~11I!9N' .. . ~', .'- -, -. - " --. ] '. . NAME OF APPLICANT(S) Nallle. Motorcollcb Resort, Inc. ADDRESS 2400 Crestmoor Rd., Suile 200 ClTY Nashville STATE TN ZIP 37215 TELEPHONE # (615) 279-8140 CELL # FAX # (615) 279-8141 E-MAIL ADDRESS:mndall.henderson\almonacocoach.com NAME OF AGENT Robert L. Duane, AICI' of Hole Montes, Inc. ADDRESS 950 Encore Way ClTY Naples STATE FL TELEPHONE # (239) 254-2000 CF;LL # FAX # E-MAIL ADDRESS:bobduane(Ulhmcne.com zn' 34110 239254-2099 NAME OF AGENT Richard D. Y ovallovich, ESQ. of Goodlctte, Coleman & Johnsoll ADDRESS 4001 Tamiami Tmil N, Suite 300 ClTY Nanlcs STATE FL ZIP 34] 03 TELEI'HONE # (239) 435-3535 CELL # FAX # 239254-2099 E-MAIL ADDRESS:rvovallovich\al~cilaw.cOlII BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Agenda Item No. 8B December 11, 2007 Page 61 of 195 '~:Iii'~f:l\l'iifa:~t~;ii?fi')~; . . Complete the following for all Association(s) afntiated with thIs petition. Provide additional sheets if necessal'Y. NAME OF HOMEOWNER ASSOCIATION: EAST NAPLES CIVIC ASSOCIATION MAILING ADDRESS 3823 TAMIAMI TRAIL EAST, PMB 284 CITY NAPLES STATE FL ZIP 34112 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 n_STATE_ZIP H:\200S\2005144\WP\Rezonc\Resubmiual July 2007 in progJess\APPLICATION Q70616.doc 7/18120073:59:22 PM 2 Agenda Item No. 8B December 11, 2007 Page 62 of 195 a, If the property is oWIled fee simple by an INDIVIDUAL, tenancy by thc entircty, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentagc of sllch interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percenlage of stock owned by each. Name and Address Percentage of Ownership Monaco Coach COIvoration Corporate Offices: 91320 Coburg Industrial Way Coburg, OR 97408 Phone: (541) 6R6-80l1 Toll Free: (800) 634-0855 Fax: (541) 681-8899 New York Stock Exchange lJ2!L _ % Naples Motorcoach Resort, Inc., owned by Monaco Coach Corporation 91320 Coburg Industrial Way Coburg, OR 97408 Officers and Directors Henderson, Everett R Jr., Pres. 2400 Creslmoor Road Nashville, TN 37215 !'I1A-% Daley, Paul M., TD 9 t 320 Coburg Industrial Way Coburg, OR 97408 N/A % Kimball, Charles, SO 91320 Coburg Industrial Way Coburg, OR 97408 N/A % Nepnte, Jolm W., D 91320 Coburg Industrial Way Coburg, OR 97408 N/A % Name aud Address of Current Registered Agent: Ct Corporation System! as of April 20, 2007 1200 South Pine Island Road Plantation, FL 33325 US c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust will, the percentage of interest. 11:\2005\2005 I 44\WP\Rezone\Resubmiual July 2007 in progress\APPLlCATlON 0706l6.doc 7/18/20073:59:22 PM 3 Agenda Item No. 8B December 11, 2007 Page 63 of 195 Name and Address Percentage of Ownership N/A d. If the property is in the nume of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individnals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includiug the officers, stockholders, beneficiaries, or partners. Name and Address I'ercentage of Ownership N/A f. If 'my contingency clause or contract t.erms involve additional parties, list. all individnals or officers, if a corporation, partnership, or trnst. Name and Address N/A g, Dat.e subject llropert.y acquired ~ purchased 19'" day of Allril, 2007 leased 0 N/A Term oflease N/A y,'s.lmos. If, Petit.ioner has uption to buy, indicate the following: Date of option: Date option t.erminates: Anticipated closing date , or h. Should auy changes of ownership or changes in cont.racts for purchase occur subsequent to the date of application, but prior to the date of the final public heuring, it is the respousibility of the applicant, or agent on his behalf, to submit a supplementa! disclosure of interest for1ll. The subject property which was under contract for purchase has been sold and is now the sole property of Naples Motorcoach Resort, Inc. New disclosure of interest is included in this revised application. In addition. a new affidavit and Covenant of Unified Control are included. H:\2005\200S144\WP\R.czone\Resubrnittal July 2(J07 in progrcss\APPLlCATION {)10616.uoc 7/1812007 3:59:22 PM 4 Agenda Item No. 8B December 11. 2007 Page 64 of 195 I:'~,<?:,~ . "'-'..,. .....,.".".,.,' "~':'i!0llil""~~""l..""o<""" :' ..;~. J}Rmr~_ '. r~~.-_~.~'.,..",JtJ..VL~.t:1t1.?~:,.ii::~" "',1 i~1 ...... Detailed le!!al deserintion of the Ilrolle..tv covered bv the "Illllieation: (If space is inadequate, attach on separate page.) If reqnest involves change to lDore than one zoning dist..ict, inclnde sepa..ate legal description for property involved in each dist..ict. Applicant shan submit fou.. (4) copies of a recent survey (colDl,leted wtthin the last .,ix months, maximum 1" to 400' scale) if ..equi..ed to do so at thc pre-applicatiou mceting. NOTE: The applicant is ..esponsible fo.. snpplying the cu....ect legal description. If questions arise conce..ning the legal description, an engince..'s certification or sealed survey may be required. Section/Township/Range Ql.1 51S1 26E Lot: 1 & 2 Block: A, L Snbdivision: GREYSTONE MOBILE PARK Plat Book Page #: P..ope..ty I.D.#: Folio No 49530080001 & 49584240004 Metes & Houuds Deseription: See attached le!!al description Size of pl"Ope..tv: ft. X i..regnla.. ft. =. Total Sq. Ft. 1010579.43 ACI'CS ,,23.2 Achl..ess/!!enerallocatioll of subject Jlrope..!v: 13300 T AMIAMI TRAIL EAST PUD District (LDC 2.03.(6): [] Residential cgJ C:onunercial o Community Facilities o Indn.'trial I" ~)JA:0:!';i)l1)'~mmI\S@i~il&;@!fitW~.t" . ' ~ Zoning Land nse N S E W PUD MH A Cll PUD & MIl U.S. 41, WINDING CYPRESS HENDERSON CREEK MOBILE HOMES SAN MARCO MISSION CHURCH ARTESA POINTE & HENDERSON CR}~EK MOBILE HOMES Does the owne.. of the subject p..ope..ty own prope..ty coutiguolls to the subject prope..ty? If so, give complete legal descl"iption of enti..e contiguous p..operty. (If space is inadequate, attach on separate page). No Section/TownshiplRangc I 1 Lot: Block: Subdivision: Plat Book_ Page #: P..opc..ty 1.D.#: Metes & Bounds Description: _ i-U REZgNF.RT;lQIJES'f- This application is requesting a rezone from the CI'UD zoning dislrict(s). Present Usc of the Property: PRESENTLY VACANT Proposed Use (0.. range of uses) of tile prope..ty 200 MANAGEMJ~NT AND RECREATIONAL AREAS AND USES. Original pun Name: N/A MH ,TTRVC & C-5 zoning dist..ict(s) 10 the MOTORCOACH LOTS, WATER MISCELLANEOIlS ACCESSORY Ordinancc No.: H:\2005\2005144\WP\Rczone\Resubmittal July 2007 in pmgre.~s\APPI JCATION 0706l6.doc 7/18120073:59.22 PM 5 Agenda Item No. 8B December 11, 2007 Page 65 of 195 [ ..'tJy;@j'QI~Kf:rQ1iI\GBtif~~.,' · I Pursuant to Section 10.02.13 of the Collier Couuty Land Development Code, staff's analysis and recommendation to the }'lanning Commission, and the Planning Commission's recommendation to the Board of Connty Commissioners shall be hased upon consideratiou of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Inclnde any backup materials and daeumentation in support of the request. 1. The suitability of the area for the type and pattern of development proposed in relation 10 physical characteristics of the land, surrounding areas, traffic and acccss, drainage, scwer, water, and other utilities. The proposed change in use ji-om a mobile travel trailer park and convenience store to a Motor Coach Resort represents improved suitability, since no permanent residency will be permilled, With fewer structures and lower densities, the proposed use will have less impact and is also better suited to its locotion in the Coastal High Hazard Area. Reductions in traffic, sewer and waler are also substantia1.. Therefore, the proposed use is more compatible with the area than the existing use. 2. Adequacy of evidence of unified control and suitability of auy proposed agreements, contract, or otber instrnments, or for amendmcnts in those prollOsed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or mailllained at public expense. Findings and recommendations of lhis type shall be made only after eousultation with tbe eoullty attorney. The subject property will be under unified control as evidenced by the Statement of Unified Control filed wifh the application and provisions contained therein. There are no public facilities proposed in this CPUD. Private facilities or common areas will be maintained by the resort management 3. Confonllily of tbe proposed PUD with tbe goals, objectives aIld policies of the growth management plan. The subject property is located in the Urban Coastal Fringe Sub District of the Urban-Mixed Use District as identified on the Future Land Use Map. The CPUD meets the standards and permitted uses in that Subdistrict, as required by Objective 1 of the FLUE. Further, the proposed project will replace 293 mobile homes and travel trailers (in addition to a convenience store) with accommodations for up to 200 motoreoaches. Most of the property (83%) is zoned for Mobile llomes_ Since new rezones to permit mobile home developments a1~e prohibited in this Subdistrict, the proposed removal of the mobile homes is, therefnre, more consistent wiih the FLUE of the Collier County Growth Management Plan. While pari of the property is now zoned 7TR Vc, and the Motorcoach Resort will generally meet or exceed those standards, all rezones in this Subdistrict are recommended by the FLUE to be in the form of a Planned Unit Development that is provided for in this application. H:\2005\200Sl44\WP\Rczone\Resubmiual July 2007 in progress\APPLlCATION 070616.doc 7/18/20073;59:22 PM 6 Agenda Item No. 8B December 11, 2007 Page 66 of 195 The proposed llevelopment can also be found consistent with objective 1.2 of the economic element that calls for Collier County to expand and enhance the lourism industry that will be accomplished by the proposed Motorcoach resort; to provide part-time occupancy for tourists. Objective 7 of the FLUE and its accompanying policies pertaining to the smart growth do not appear to be particularly germane 10 the proposed redevelopment. We trust you agree, The redevelopment is consistent with Goal 12 of the Conservation and Coastal Management Element of the GMP by reducing the danger to people and property from the ejJects of hurricane damage. The redevelopment is consistent with Policy 10.1.4 of the Conservation and Coastal Management Element of the GMP by giving first priority to siting shoreline development in areas presently developed. The redevelopment is consistent with Policy 10.1.6 of the Conservation and Coastal Management Element. of the GMP by favoring dry storage in its boating facilities over wet storage. The redevelopment is consistent with Objective 7.2 of the Conservation and Coastal Management Element of the GMP by reducing the amount and controlling the type of boating activity which currently is generatedfrom this site. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed development is compatible with and complementary to existing and }ilture surrounding land uses, as required in Policy 5.4 of the FLUE. ellhanr.ed through the internal arrangements of facilities, the placemellt of lalldscaped bujJers alld the proposed development stalldards contained within the CrUD. 171e western buffer consists of the canal and a deviation is proposed to only maintain a 10 foot b~ffer. north of the boat ramp. This is because a preserve area is located on the west side of the callal at this location that justifies the reduction ill b'iffer width. Internal buffers shall also be utilized. excepting the 10 fOOl Tj>pe D DujJer alollg the private R.o. w: adjacent to the recreational areas where parking is needed. (See Deviation # 5.) 5. Tile adequacy of usahle open space areas in existence and as proposed to serve the development. Open space recreation amenities, lake and canal frontage will meet or exceed open ~pace requirements for the proposed use. 6. The timing or sequence of development for the pnrpose of assuring the adequacy of available impl"Ovements and facilities, boUI public and private. 171e tirnillgofthe development will be coordinated with required improvements andfacilities. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The redevelopment of the property is a reduction ill intellsity. R\2005\2005144\WP\Rezonc\RcsllbmiU<1l July 2007 In progrc.ss\APPUCA TION 070616.doc 7/18/2007 3:59:22 PM 7 Agenda Item No. 8B December 11, 2007 Page 67 of 195 8. ' Conformity with PUD regulations, or as to desirable modifications of such regulations in tlte particular case, based on determination that such modifications are justified as meeting public pm'poses to a degree at least equivalent to literal application of such regulations. The proposed removal of mobile homes is consistent with the FLUE of the Collier County Growth Management Plan as well as the Coastal Area Management goals. Deviations proposed are millor olld appropriate for the proposed type of development in this location. Deed Restrictions: The County is legalty precluded [rom enforcing dced resl1iclions, 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. I'reviolls land u.,e Iletitions on tbe subiect Ilrollerty: To your knowledge, has a public healing been held on this property within the last year? 0 Yes !8J No If so, what was the naturc of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been madc and the application is assigned a pctition processing number. The application will be considered "closed" when the petitioner withdraws the application tlu'ough written notice or ce.seB to suuplv necessary information to continue orocessing or otherwise actively pursue the rezoning for a 'Period of six (6) mon.tb,g. !\l1 application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be rc-opened by submitting a new application, repayment of all application fees and granting of a delennination of "sufficiency", Further review of the project will be subject to the then current coele. (LDC Section IO.03.05.Q.J H:\2005\2005144\WP\Rezone\Resuhll\iltal July 2007 in progreslo:\APPLlCATION 070616.<loc- 7/18/20073:59:22 PM 8 PUD AMENDMENT (PUDA) PUD REZONE (PUDZr PUD 10 PUDREZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST, B December 11, 20 7 Page 68 of 1 5 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED ti~~Q~lttin~:eQUJIt.M.~t~t\~;*~~~~~~,,;;~~}iri!;';i;~~B:~};~!&!~ij,,;;]Hr:~]~tf.i;~~h~::i:g~ 1 Addilional set if located in the BayshorejGateway Triangle Redevelopment Area} Copies of detailed destrlptlon of why amendment Is necessary 24 Cover letter Completed Application (download from website for current form) 24 Pre-application meetina notes 24 Attoched Current Conceptual Site Plan 24" x 36" and One 8 112" x 1 j" copy 24 Attached RevIsed Conceptual Site Pion 24"x 36uand One 8 \12" x 1 1" copy 24 NA Original PUD document and Master Plan 24" x 36" ONLY IF AMENDING 24 NA THE PUD Revised PUD document with changes crossed 1hru & underlined 24 Revised PUD document w / amended Title pope wiard #'s LDC 10,02.1 3,A.2 24 PUD Attached i~q:~:@r,iif~tiI1:~.~!!:~!~i~~~~1t~~~g~Ij;1~:I~~ltf~E?J:~~E~~'@;~~\j~!~(j~~g~~~:~~~~~\~ Deeds/Legal's & Survey (if boundc ry of original PUD Is amended) 2 Attached list identifying Owner 8< 011 parties of corporation 2 Attached Owner/Affidavit signed & notarized 2 Attached Covenant of Unified Control 2 Attached Completed Addressing check list 2 Attached ~4~~$ltI!il"j'~~:\(!telt~n&'&J)19!f,~~j~[f:itt~\~~~;;[~!i"it;0i;:\,'''~:j:;E!:ii,)';'f~~,!\',"]~';';:tfi}f,j Environmental Impact Statement (EIS) and digital/electronic copy of EIS or NA exemption lustiflcotlon 4 Historical Surve y or waiver request 4 NA Utility Provisions Statement w/sketches 4 NA Architectural rendering of proposed structures 4 NA Survey, sIgned 8< sealed 4 Attached Troffic Impact Statement [TIS) or waiver 7 Analysis Attached Recent Aerial Photograph (with habitat areas defined) min scaled 1"-~00' Aerial 5 Attached Electronic copy of all docllments in Word format and plans (CDRom or Attached Diskette) 1 If located In RFMU (Rural Frinae Mixed Usel Receivina land Areas Applicant must contact Mr. Gerry j, Lacavera, State of Florida Division of Forestry @ 239.690~3500 for information regarding "Wildfire Mitigation & Prevention Plan", lDC Section 2.03.08.A.2.a.(b)i.c. 0.4--0' Vu.A""-i. {;> c. :I 1;Z / :2" 0 " ' Applicant/Agent Signature Dote H:\2005\2005 t 44\WP\ReZOlle 4-2006\PUDRezonePcLition.(! 0)061 009. 11111.r1u.ry.acd.rh.doc 2} PUDZ-2U06-AR-10648 PROJECT #2006060057 DATE: 10/13/06 KA Y DESELEM COVENANT OF UNIFIED CONTROL Agenda Item No. 8B December 11, 2007 Page 69 of 195 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Naples Motoreoach ReSOlt. Inc. (Street address and City, State and Zip Code) and legaBy described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (CPUD) zoning. We hereby designate Robert L. Duane and Richard D. Yovanovich. tegal representative thereof, as the legal representatives of the propelty and as such, these individuals are authorized to legnlly bind all owners of the property in the course of seeking the necessary approvats to develop. This autbority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Colticr County.' . The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: ]. The propelty will be developed and used in conformity with the approved master plan including all conditions placed on the developmeut and all commitments agreed to by the applicant in connection with the planned unit development. rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plnn, even if the propetty is subsequently sold tn whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure fi'om the provisions ofthe approved plans or a failure to comply with any requirements, conditions, or snfeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those tenTIS and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue penn its, certificates, or licenses to occupy or use any patt of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions nd saj) guar s of the lanned unit development. Owner E. Randall Hendersou. Jr. Printed Name llrinted Name STATE OF FLORiDA) COUNTY OF COLLIER) Sworn to (or affilmed) and subscribed before me this ~.fV1 day of lftiMoh.._, ZOO "i'-by E. (Z,1,(J&Uf.j !leuc!.u'>IJ/1. -j,.__ who is personally known to me or has produced as identification. ~~~ k'a".....e Notary Public, ,/_ I ~~h~~t( ~(o (Name typed, printed or stamped) K1\. Slophanlo Karol :. ~ j My Commioslon D021lH24 ....0,...' EXJNr.. MII'tlh 01, 2001 (Serial Number, ifany) Application For Public Hearing For PUD Rezone 01/18/07 Agenda Item No. 8B December 11, 2007 Page 70 of 195 AFFIDAVIT We/I, E. Randall Henderson. Jr. being first duly sworn, depose and say that we/10m/ore lhe owners of the property described herein and which is the subject matter of the proposed hearing; that 011 the answers to the questions in this appiication, including the disclosure of interest information, 011 sketches, data, ond other supplementary matter attached to and made 0 port of this application, ore honest and true to the best of our knowledge and belief. We/I understanq that lhe information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Caunty 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 Robert L, Duane and Richard D. Yovanovich to act os our/my representative in any matters regarding lhis Pelition. / Signalure of Property Owner E. Randall Henderson. Jr. Typed or Printed Nome of Owner Typed or Printed Nome of Owner The foregoing instrument was acknowledged before me this 6 ffl day of I11Cl-1C h 200L by ~a<A lkucl.wS()4, 1..-: who is personally known to me_or has produced as identification. State of Florida County of Collier ---l ~~cw.L." ifw.eJ. (Signature of Notary Public - State of Florida) ......;j\ sleJ>l\Ilnle Karol . ~ . My Commlulol1 D029n2. \.~,..'.! Expirel Marth 09, 2008 -Sl:e.(M::lI'\; e l4wJ (Print, Type, or Stamp Commissioned Name of Notary Public) Aprlicatioll Far Public Heuring ror PUD Rezone 01118/07 Agenda Item No. 8B December 11 , 2007 Page 71 of 195 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST I '~lI~tl;R_~~~~ltt~~;~'\i:.".Y.' .... '. ~.,." ',''-'' I ...;.., NAME OF APPLTCANT(S) NAPLES MOTORCOACH RESORT, INC. ADDRESS 2400 CRESTMOOR RD.. SIDTE 200 CITY NASHVILLE STATE TN ZIP 37215 TELEPHONE # (615) 279-8140 CELL It FAX # (615 )279-8141 E-MAIL ADDRESS:RANDALL.HENDERSONililMONACOCOACH.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 13300 TAMIAMI TRAIL E. NAPLES, FL 34114-8701 Ii.?JtIi>ALDj\;SGJ,ti;~rtWN ;"\'.-' "1 "">-'- , ,'.',-. [.. ..,.:.i....;,...,'.,..,. Seclion/Township/Range 031 51S1 26E I,ot: J ~ Block: ~ Subdivision: GREYSTONE MOBILE PARK Pial Book Page #: Properly 1.0.#: Folio No 49530080001 & 49584240004 Metes & Bounds Descriptiou: See attached legal description (Exhibit D) ---:1 Lt):'p~ OF'8E)W1\C;!j:'. IlTSPQSAll\:rOllF.I.\)tQ:Yo)l1!J),.... . (Check applicable system): fSJ o o o o COUNTY UTILITY SYSTEM a . CITY UTILITY SYSTEM b. FRANCmSEU UTILITY SYSTF.M PROVIDE NAME d. PACKAGE TREATMENT PLANT (GrD eapacity)__ e. SErTIC SYSTEM !TYPEOF VI' ATERSERVlCE TOBEPR()''1O,Er'i J a. COUNTY UTILITY SYSTEM b . CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM I'ROVIDE NAME d. PRIVATE SYSTEM (WELL) fSJ o o o H :\2005\20051 44\ 'NP\Rezonc\Resubmillal JIJ ly 2007 jJl progrcss\APPLlCA TION 0706] 6.doc 7/18/20073:59:22 PM 9 Agenda Item No. 8B December 11, 2007 Page 72 of 195 ST/\ TEMENT OF UTILffY PROVISIONS - page 2 PROPOSED UNITS: Seasonal TTRV Units .- 200 x 2.5 = 500 Population Water 500x 100 GPD = 50,000 Average daily - -- Water 500 x 150 GPD = 75,000 Peak daily Sewer 500 x 100 GPD = 50,000 Average daily Sewer 500 x 130 GPD = 65,000 Peak daily . :rEAK,.ANttNV:E~GJ!i4)'.\t1Ey,;''Q11l!\iANb$;'tii~#IJii~~~VltJ~~~~~*:: A. WATER-PEAK 128,269 GI'I> (Less) AVERAGE DAILY 85.512 GPD (Less) B. SEWER-PEAK 49,270 GPD (Less) AVERAGE DAILY 37,900 GI'D (Less) IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE I'ROVlDE THE DATE SERVICE IS EXPECTRD TO BE REQUIRRD Late 2007 NARRATrVE,sTATEMENT: Provide a brief and concise nalTativc statement and schematic drawing of sewage treatment process 10 be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds am to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 'Waste water scrvicel~rovided fOlm_ Collier. C0IililJilRCouNtwunLIT.yIj!1JI}ICA1'(\!jThk$itAfI1~*'E; If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicabte system dcvelopmcnt charges and connection fees will be paid to the County Utilities Division plioI' to the issuance of building permits by the County, If applicable, the stalement shall contain shall contain an ab'feement to dedicate the appropriate utility casements for serving the water and sewer systems. Appropriate faciU!ies wlll be dedi~_at~d for the County alJhe time of constlllction plan approval. STATEMENT OF AV AILAllILlTY' CAPACH::'YFROi\'(\(<)iJ:lIEIt iIROmbERS: . Unle" waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided, Not applicable. H'.\2005\2005l44\WI'\Rcwne\Resubmitlal July 20G7 in progress\APPUCA TION 070616.ooc 7/18/20073:59:22 PM 10 CONNECT TO EXISTING FORCE MAIN WITH TAPPING SLEEVE AND VALVE. ;' :- ~----------;>- ~ t .. < o ~ c , o C E c "' ~ " g N ~ ~ " u .. z z o u ~ ~ ,0 ~ ~ o ~ ~ , ~ a: , , Q ~ C : '" /' "' L o N ~ Q -:; . '" ~ /' ~ o ~ /' 'i Agenda Item No_ 8B December 11, 2007 Page 73 of 195 ~ 'C/ U.S.-41 _ (T~~~~~I_!~!-IL_~!'~!2_____ ______ -----~------- 4!s~ --+ q~U I '1:11 I '\. CONNECT TO EXISTING WATER MAIN 'WITH TAPPING SLEEVE AND VALVE. - - - -- - ~---:----=:::-=---~--- ~ EXISTING WATER MAIN --.....('""--------------- ~ EXISTING FORCE MAIN ___.L:"_______________ ~ ,- -- ___ 0_ i - - - - - - -'c. -RlGHT-Of-WAY- 04 ~~MASTER WATER METER -1 I I I \ \ \ \ ~ - ---'------- ----::::;J b ;Q (') r11 ~ z tM ElIHJRSftNHRS-!llI\OOlS 950 Enco... Way H"J'I... FL 3411 0 Phone, (239) 254-Z000 Florida Certlllcale of Authorb:atlon Ho.'772 DRAWH fly: .4..F.H. DATE: 00 PRO./El:.T No. 2005.t44 CADf'lLE NAME:: 051+4l>REZON EXHIBIT - no.! Ulll CONrf UTILITY CONNECTION NAPLES MOTORCOACH RESORT Agenda Item No. 8B December 11, 2007 Page 74 of 195 2007 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P97000077469 Entity'Nam.: NAPlES MOTORCOACH RESORT,INC. FILED Apr 20, 2007 Secretary of state Currant Principal Place ofBuelml:ss: 91320COBURG INDUSTRIAL WAY COBURG, OR 97408 US New PrJnclp.u Plac& of Business: Cunant Mailing Address: 91320 COBURG INDUSTRIAL WAY COBURG, OR 97408 US New Mailing Add"~~: Fe Number: GS.1011441 Fer NtJmbel AppIkd For I t Fet Humber Hot ~,ow ( c.t1tftc_. of su.ru. t>.shd ( J Name and Add....s of Current Registered Agent: CT CORPORATION SYSTEM 1200 SOUTH PINE ISlAND ROAD PLANTATJON, FL 33324 US Name and Address of New Registered Agent: The above named entity submits II1ls stalement for lI1e purpose or changing its registered ollioo or registered ag.n~ or both, in lI1e Slate of Florida_ SIGNATURE: Electronic Signaturo of Registered Ailenl Qecdon ClIIft'lP8ign F1nIInclnQ TruM Flnd CootrIJutIon ( ). Dale OFFICERS AND DIRECTORS: rIfle: Nome: Mdres..; C1ty-Sl-Z;p: -: .......: --: Cily-St..z;p: TI1Ie: .......: A6:hss: aty-St-Zill; "T1llo: ......' Nkt'esil: aty-Sl-21p: ADDlTIOIISJCHANGES TO OFFICERS AND DIRECTORS: P ( ) D.iellt HENDERSON, EVERElT R JR. 2~ CRESTMOOR ROAD ~lLE, TN 37215 TItle: NBme: Addt&S:i; City-st-Z1p: ( . Cha~ ( ) AdciVon TO ()[)efde DAlEY, PAl/I.. M 91320 C06URG lNOUSTRIAL WAV C08URG, OR 9740a l1tlo: Name:: Jl.ddrd:s,: City~st.Zip: -: """"': -: CftY"'SI~Z4i; T1flo: Nama: -: Cfty.st.ZIp: ~""""'" )......on so ( ) o.fel. toMBAll. CH&.RI.ES 9132(1 COBURG INOUSTRw... WAY COBURG, OR ~1408 I "'*"" J ......,on o ()o.te NEPlfrE, JOtfl W &1320 COBURO INOltSTRw.. W~Y COBURG. OR g740a ()""""'"C)_ J hereby t::ertify that the lnformation supplied with this firing does not C/lJalify for the for the exemptiolJ stated in Chapter 119. Florida Statutes. I furtJlef certify that Ihe information indicated on this report orsuppfemental report is true and accurate and that my electronic signature shall have the same IQgaf effect as ir made under oath; that I am an officer Dr diract-ol of the corporatIon or tile re<:eiver or trustee emp.::.'Nered to eX'~cuta this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an atlachment with an address, with all other like empol.vered. SIGNATURE: PAUL I,!, DALEY Electronic Signature of Signing Officer or Director :ro CW2UI2fJ07 Date m~'i~iM>lr~~Qqigiat;Qlj~ Agenda Item No. 8B December 11, 2007 Page 75 of 195 FlocidaBt<ifit NAPLES MOTORCOACH RESORT, INC, r----.-..-------.------.--.----.~-'-------:'==~.---~-:-~,-:--~-~---~----.- PRINCIPAL ADDRESS 91320 COBURG INDUSTRIAL WAY COBURGOR 97408 US Changed 04126/2004 -----~---_._-._.-----_.~--,..._-_..--:::-..:+.__.._--------.,.-=..-=:=--- MAlLING ADDRESS 91320 COBURG INDUSTRIAL WAY COBDRG OR 97408 US Changed 04/26/2004 Document Number 1'97??oo77469 FEI Number 651011441 Date Filed 09108/1997 Sute FL Status ACIlVE Effect1ve Date 09/0511997 Last Event NAME CHANGE AMENDMENT Event Da.te Filed 01/2312007 Event Effective Date NONE .-._--------._-,----_.._---,-,-_.__.._.__.__.~---.----,._----~-- ,_.-- ." .." Registered Agent Name &. Address cr CORPORA nON SYSTEM 1100 SOtrrH 1'1Nf.ISlAND ROAD PLANTA nON fL JJ324 ~..me OI~II!!\:d: 01l10,llOOJ. Address Changed: OJ/lOIlOOJ I I -1 I ,..--__.__~_.____.__.._-;--c_---~__,_--_- Officer/Director Detail COOUKG OR '914Qll II Title I lD 1c:J II I Name & Address HENDERSON. EVEltF.IT R JR. 2400 CRESTMOOR IWAD NASHVILLE TN 372IS DALEY. PAUL M 91320CC)Bl,RG INDU~TRIAL WAY r KIMIIALL, CIlAIU.ES ?1-,lO COBURG l.NOUSTRIAL WAY http://www.sunbiz.org/scriptstcordet.exe?al=DETFIL&nl =P97000077469&n2=NAMFWD&n3=OOOl &n... 5/3/2007 Division of Corporations Agenda Item No. 8B December 11, 2007 Page 76 of 195 I [ eOBu/tCt OR 914{J! NEf'l!TE. JOliN W ?1.\20 COUURG INOUSTRIAI. WA \' COBURG OR 1);408 II SD I D -__'_r'_'__~"'"_r'._____~__~___._.________..___._ ua cpo s I Report Year II (,'iled Date I r--' ''''''' ~I (1.1,4)512006 I L-. ' . Ir-- IOfIY200(. I lOi)', I lO!\'l II 04!'Wl2llB7 I Ann IR rt Previous Filing 1 I Next Filing I R~tum to List.. View Events View Name History Document hnages Listed below are the images available for this filing. lM/1012Q!!1- ANNUAL REPORT. Ounajl()7 .. Natpe (;han~c .!QIJ.JL2QO..Y.=A!llillAJ.-PJJl'Q.ll.I ()4/05aJ!illi~T !WQ~1!.I ~004.. ANNUAL REfQRI ltlLJ.OI.2.003 ANNUAl. REID!IT QU,Q3n.003 ReS!! Al?:ent Cbllnpe !W2112002 - ANNUAL REPOIU QJilll2P9.l.:.ANIillAL..RENRT 01~nt O~900 .. ANNUAL REPORT 1107126/1999.. ANllliAL.Ml'Q1!.I Q;!lUL122~-=.A.l:illl1hLJ1J.\I>QRI 09/~-Domc,ticP~ TIllS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT r .. http://www .ounbiz.orglscripWcordetexe?al ~DETFIL&nl =P97000077469&n2=NAMFWD&n3=OOOl&n.. 5/312007 )lvi.ion of Corporations Agenda Item No. 8B December 11, 2007 Page 77 of 195 NAPLES MOTORCOACH RESORT, INC. Documeot Number P97000077469 Date FOoo 09/0&11997 .E"ec:live Date 09/0511997 Status Active .- 'EVENT TY!' E num DATE EFfECTIVE DATI, DESCRIPTION -_.._._---_._--.__._-~----".-._-_.~.,,-_._._..~---~-------_.__._,_._----------~~~_.- NAME CHANGE 01/23/2001 AM~~"DMENT OLD NAME WAS, OUTDOOR RESORTS OF N APLtiS, INC. AMENDMENT 07i2;i2000 TIllS IS NOT OFFIClAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ~---- hllp://WwwJiUDbiz.orgfscriptslcorevt.exe?aI ""DETEVE&n1 =P97000077469&n2=DOMP 5/3/2007 )jvisiOl,1 of COIporations Agenda Item No. 8B December 11, 2007 Page 78 of 195 Foreian Profit b MONACO COACH CORPORATION PRINCIPAL ADDRESS 91320 COBURG INDUSTRIAL WAY COBURG OR 97408 US Changed 08106/1997 '_._--="'-'====-=--=-:".~=--~".'.~"""':_=-~-"'-".~~~"-O----=---=-__"___._______~____, MAILING ADDRESS 91320COBURG INDUSTRIAL WAY COBURG OR 97408 US Changed 07/0211996 Document Number F93000002303 FEI Number 351880244 DaC. FIled 0511411993 State DE Sf.lua ACTIVE Effe<:tive Date NONE I C Registered Agent Name & Address ] C T CORf'OR.\ TlON noo :-;Ol1TIl l'INEi [SLM~1l RD. I'LMH ATION fL 3)32.1 OfficerlDirector Detail C' . Name & Address L VAN1)L;Nnllk.G.-ttOGI:l:A :::;:;;::: - . ~ TUb TI!(.},I,I~}; HOU~E r~~ ut;'mHT Sf r'RQVR)F'\/C[ rU-plW)-1~"$ r~~--.~="" .-Nri"rtii,JOllN . C. ";:!,~~;~" [ nOHrJ.I}ICUARn . - _. ~':~~~;::~;;::~:~~} , . .' ..... .J[TitJe ] ~r ... ~L Il I -- -]LJ '[~ ....0 http://www.sunbiz.orglscriptslcordel.exc?al=DETFlL&nI =F93000002303&n2=NAMFWD&n3=OOOO&.. 5/1412007 Division of COl1)Orat;ollS Agenda Item No. 8B December 11, 2007 Page 79 of 195 COBURG OR 9',.,Oti l~ D -rOULSON, KA Y 91J2() conu\tCi IN'OIJ'!>'rRfAL WA.Y COnlikG OR '):-108 DALEY. PAUL 1'.1 ~lnuC<lflURG I:>:DUSTRI.....L WAY C.- c::= L C Annual Reports Re[JO!"! Year ~l Filed Date 2(j\1.~ Ie mXrm:(lil$ ~006 JC {14.1)Y2(1a~ !(j'J7 ]1 1)4/20.'2007 'J ~ ~ I Previous Filir;;;-) I Return \0 LIat' 1 No Events No Name History Information I Next Filing I Document Images Listed below are the images available for this filing. Q<l12.M.l!!!1.=-ANNlJAI. RBPOIU Q,lf9~~P.QlU m.1.l2Q.Qk.ANNlJAL REPORT ~ QSll)5J2Q:Q~.RI 02ll1/lf)f)2 .. ANNUAL REPORT QmW2001 .. ANNUAL.BEl'QRI OO!J1L~ll.I 06116/1999 - ANNlJAI. RBPOIU om711998 ANNlJAI..Bllffi1IT QWMI-222. ANNUAl. BJJ.roE.I Iml01ll9.9~f..liliUhLREP9.lU Q8l\JllU1~~l'llil1A!.J!.E.mRI THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLlcr hUp://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl =F93000002303&n2=NAMFWD&n3=OOOO&.. 5/14/2007 >2/ ~ (..... \..\' '" Agenda Item No. 8B December 11, 2007 4006894 OR: 4217 PG: ~3~'580 of 195 RlItmlJJlD In OIllClAL mOiDS of COLUll roum, 11 Ol/2312007 at 11:1111 DRICHT I. BlOct, CLliI COKS loomuo UC PII 52.10 noe-.1D 1ID00.00 ~. This ins~umenl preparoo by and allee recording return 10: Retn:KICHIIII H!CJI !(l1Ill SIITIRIITt fO BOI 1113 TIM!! PL 31101 1213 Timothy M_ Hughos, Esquire AKERMAN SENTERFITT 401 E. J.d<son Slreet Suite 1700 Tamp.. Florida 33602 Telephone: (813) 223-7333 ~"-OOVfll'lSU~F~~Oo\TN----.__~__ THIS WARRANTY D 2007, by aod between corporation, whose maili as of the 19th day of April. HOMES, INC., a Florida ail, Naples, Florida 34113 ACH RESORT, INC., a I Way, Coburg. Oregon Florida corporation. wh sa 97408 (hereinafter reJe ed e. .~ c ~. W!I.tl!;;~~ ~f-~ , THAT. for and in con~~ti, i'o)~C[l and No/l00 Dollars ($10.00) and other good and valuable ~~ ~~iPt and sufficiency of which is acknowledged by Grantor, Grantor hereby granls, bargains. sells, conveys and confirms unto Grantee all thai certain rea!" properly together wilh the improvements thereon (hereinafter collectively referred to as "the .Real Property") in Collior County. Florida, more particularly described as lollows: See Exhibit ON attached hereto and made a part hereof. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. TO HAVE AND TO HOLO the same unto Grantee in fee simple. forever. tTPIM691 ~:H , Agenda Item No. 8B December 11, 2007 OR: 4211 PG: 33~~ge81 of195 AND Grantor hereby covenants with Grantee: (1) that Grantor is lawfully seized of the Real Property in feo simple; (2) that Grantor has good right and lawful authority to sell and convey the Real Property; (3) that Grantor hereby fully warranls the lille to the Real Property and will defend the same against the lawful claims of all persons whomsoever: and (4) that the Real Property is free of all encumbrances, exceptlaxes and assessments accruing subsoQuentto December 31, 2006, and is subject to zoning. and those matters described on Exhibit "8" attached hereto, provided, however. reference thereto shall not sorve to reimpose same. Wherover usod hetein. the terms -Crantor"' and ~Grantee" shaR be deemed kJ indude aU U16 parties to rhis Waoanty Deed and the "heirs. legal representatives aod assJgn5 of individuals and lhe sua:essors and assigns of COfPOr3tions. The singular shall be deemed 10 inclu<Je the plural. .and' vice versa. where the r..onlext so permits. 2c.A. Signature Prim~~~ t?l1' ,[{ Sig tue ' Print Name: L, ~{( '---~1'tf, ,dish. [ACKNOWLEDGEMENT ATTACHED ON FOLLOWING PAGE) ITr2&4b91:11 2 Agenda Item No. 8B December 11, 2007 Page 82 of 195 OR: 4217 PG: 3357 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this -1:l.!!:- day of Apnl, 2007 by Jerome J. Guidish, as President of GREYST<{NJ;' PARK MOBilE HOMES, INC., a Florida corporation, on behalf of the corporation. He ~ personally known to me or r ] has produced .'. as identification. Notary Stamp Pl'lW,91:11 3 '. Agenda Item No. 8B December 11, 2007 OR: 4217PG: 3~e 83 of 195 . . Exhibit -A- Property legal Description parcoll Commencing at the Northeast comer of Block L, HENDERSON CREEK PARK 1ST ADDITION, as recorded in Plat Book 8, Page 41,ofthe public records of Collier County, Florida. said Northeast comer being the intersection of the Southwesterly right-{)f~way line 0( U.S. Highway 41 (T amiami Trail) and the Westerly right-of-way line o( Henderson Dive. run South 00 dog 41 Olin 40 see West, along the East fine of said Block l. lor 236.61 leet to the POINT OF BEGINNING; thence continue south 00 dog 41 Olin 40 see West, along said Easlline. lor 641.92 leetto a point hereiflafter to be known as Point "A"; thence run North 89 deg 24 Olin 50 see West, parallel with and 65.00 leet dislantlrom, as measured at right angles to. lIie Nol1herly right-obwa.Y:li~ onderhen Drive as shown on said plat of HENOERSON CREEK PARK E il\;riDbl'!:/9t{; r.15.12Ieet; thence run North 59 deg 28 Olin 27 sec West, for 1 ; thence rtl QIt. 9 dog 24 Olin 50 sec West. for 305.00 leet; thence run Nort a9) rig 17 Olin 06 see , I dicated on plat as being North 29 dog 28 Olin 46 se W t~-alongibe.'tJQ.s no 0 ot 1. Block J of said plat, for 12623 leet; thence contin et, ruffNOrltS eg 06se We t. for 207.47 feet to a point hereinafter to be known a P e~E\F~ . g. Olin 37 see West, for 45.00 feel to a poinl on II e's tin 0 s id I ru along said West line, 196.24 feet along the arc' . e rt w :it;< aving radius of 2854 .93 feet and subtended by a 1dr having a ength 0 ~96.2 I .AiJ d bearing North 36 deg 05 min 14 see East; thence uth 54 deg 20 min_ ,s cSfJalong Block L. for 798.33 feel; thence run North 00 d in 40 see East,'!! k L, for 815.39 feet; lhence run Soulh 54 deg 20 nr. ec East, for 428 e to the POINT OF BEGINNING. 'j;> -""Lr -. C-()\ < '~E cI?:' J Parcell! A trad 0( land being part 01 vacated Blocks A and B, HENDERSON CREEK PARK. recorded in Plat Book 6, Page 8. of the public records of Collier County, Florida and bein9 described as lollows: From the Northeast comer 01 said Block A, run North 54 deg 20 min 16 see West, 428.38 feel along the Tamiami Trail lor a POINT OF BEGINNING; thence South 00 dog 41 min 40 see Wesl. 1052.00 feel; thence North 54 deg 20 min 16 see West. 798.33 loot to the centerline of a County drainage easement, recorded in O.R. Book 76, Page 127, of said public records; thence 690.95 feel along the arc of a curve, being the aforedescribed centerline of said oasement, concave to the Northwest, having a rudius of 2854.93 feet and a chord bearing North 27 deg 11 Olin 40 see East, 6!311.37 leet; thence North 20 deg upl descriptioo obtJiood f(tIffl Chinao Tltk huutvlcc COf1V&lIY COl'M'ilMCtlt No. 200w}114. Oste ElTccti'lte: July U. 1006 RcvW;d: July 26.100<t nI'284691:21 " OR: 4217 Agenda Item No. 8B PG.D~er 11, 2007 . JJJ;lilge 84 of 195 . . 16 min 12 see East, 187.96 feel along said centerline of easement to said TamiamiTrail; thence South 54- deg 20 min 16 see East, 346.67 feet to the POINT OF BEGINNING. Parcel III A portion of Block L, HENDERSON CREEK PARK 1ST ADDITION, as reccrded in Plat Book 8, Page 41, of Ihe public reccrds 01 Collier County, Florida, more particularly described as follows: Commencing at the Southeast comer of Section 3, Township 51 Soulh, Range 26 East. Tallahassee Meridian, Collier County, Florida; thence North 09 deg 24 min50 sec West, along the South line ofsak! Section 3, for 60 feet to the extended centerline of Henderson Drive; Ihence North 00 deg 41 min 40 see East, along said extended centerline and also the centerline of HendOf"SOn Drive.~1O(II.1~rsection of Sonderhen Drive; thence North 89 deg 24 mill 50 see Wes ,. _ :.Cerlt~{liM:G Sonderhen Drive, 50 feet to Ihe West right-of-way of Henderso. Il!!i . lIlence No 41 min 40 sec East, along said Wesl righl-of-way, 973.53 fe fu-;lKe Southwesterly rig 1-' Y ot Tamiami Trail. U.S_ 41, 10 the POINT OF BEGINNI G; h~t>tIl1.M..Q~ 20 m 1 see West, along said Southwesterly righl-of-wa lin of TII~i Jiail, i1 . 41, 4 6. feet; thence South 00 deg 41 mIn 40 see West, or 6J"\J~; min 16 sac East, parallel to Tamiami Trail. U.S. 41 for 2~:381 1; d g 1 min 40 sec East, 236.61 feet to said Southwesterl ~,dt~ ,~~ iamr il,. 41, which is the POINT OF BEGINNING. r'",.. . .~s \p - 0 .h~ G ParcellV ; \ 0 "'- 'Ph - -0'> Easement interest for ccnslructiowQulfr.&ii6!Qi1a of a sewer iine( s) and ingress and egress for tho purpose or maintaining ---saKI sewer line(s) as set rorlh in thaI certain Easemont Agreement recorded at O.R. Book 586, Pago 456, oIlhe Public Rocords of Collier County, Florida, as affocted by that certain Subordination of Easement recorded at O.R. Book 1401. Page 1101, of tho Public Records of Collier County, Florida. Us,.1 "c\Criptiuro obuincd fmrnChicaltO Till.: InH.nmcc-Corrv;m)' Commilrrlcnt No. 20060)&7.4,1);u(- fIfwi"'e: 'uly J I, 2006 Rc:v>>.ed: Ju'y 26. 2006 1Tf'1&469t;21 : , Agenda Item No. 8B Decemb'1r. 11, 2007 *** OR: 4217 PG: 3389glilllt of 195 Exhibit ~B~ Permitted Exceptions 1. Taxes and assessments for Ihe year 2007 and subsequent years, which are nol yel due and payable. 2. Navigational and drainage casemenl running Northeaslerly and Southweslel1y along the Western boundary line of Parcals 1 and II 01 the Property as denoled on the plat rOI Henderson Creel< Pari< 1d Addition rerorded in Pial Book 8, Page 41. Pubfic Records of Collier County, and aU othel matters denoted 00 such plat, as well as all other matters denoted on tha pial lor Henderson Cleek Parl\ re<:orded in Pial Book 6, Page 8, Public Records of Comer county, Aorida, but specifically excluding any other navigational and drainage easements shown on either of such plals. (as \0 Parcels I and II) 3. litical subdivision of !he Stale of Florida of Collier County. Florkla, which ~ Public Reccrds of Collier County, ~ 4. Outfall Drainage Ea Florida record6ll in .R. \0 Parcels 1 and II) I subdivision of the State of f Collier County. Florida. (as 5. ty Deed recorded in O.R. . (as to Parcel II) 6. Oil and mineral righ t.M: Book 194. Page 191 ~ lic ReCO(ds of Collie to Oil and mineral righls,'!!. right of entry. res'~r ~ j nly Deed recorded in O.R. Book 322, Page 225, P icc.r,~s of Collier ~n.I~ rida. (as 10 Parcel II) 'P~------~r' S Terms and conditions of Eas ~I~qm~'ttor struclion and maintenance of sewer fine recorded in O.R. Book 586, pa9~l:iIl~ acted by Subordinallon of Easement recorded in OR Iktok 1401. Page 1101, both olthe Public Re<x>rd$ of Collier Counly. Florida. (as to Parcel IV) 7. B. Easement in favol of United T elepnone Company 01 Rorida, a Florida COI1JOralion. recorded in OR Book 937. Page 1944, Public Records of Collier County, Florida. (as to Parcell) 9. Easement in [avor of Florida Power & light Company, a Florida COlj)QI3tion, recorded in OR Booll944, Page 625, Public Records of Collier County, Florida. (as 10 Parrollll) r-rnni.ntd Exccptloos d:Jtaintd fromChi"JO rnle bl,-\IJWlCl: Coi-f1\C11 Commitment No.. )0060)11". Dale Effa:6ve: Joly 1l,1llO6 p.o-.~: July 26, 2006 nrlt469I;.]i .. ~ ~ ~ ... rl f1 7 . I. ,! CuU"'~' :: .':'17Y r ' r' ~ ~'J r-:_ 2 2' r,[C(",:", ) II .--.; I'l.)~"" l' q;) , 1,1 J~' This instrument prepared, recording requested by and when recorded mail t02 JAMES w. ~LKINS, P.A. suite 303, The Fairway ~uilding 1000 Tamiami Trail North Naples, Florida 33940 ,.dE.O . .1'.... ) .' ~ \ t 1\\\\1 G"RRAL lIAIIIllIftY DElW TREmflS KWIK SHOP OF NAPLES, rLORIDA, INC., a Florida corporation, the Grantor, in consideration of the sum of "- ~ $265,000.00 received from JOSEPH J. GOIDISa, the Gra.ntee, of 13300 East Tolmiami Tra.il, Na.ples, Florida 33942, heroby, on this ~ePtember 1982, conveys to the Grantee in fee simple the real property in COlJie'y-cO\i"~~P~~l>s.Q.~:bed as, A portion of Bl-~~~'I;~-ilEl<mlRSO"irCR-E. ~~(;-,lst ADDITION, according to pt~ ~~~(at Book 8, page ,~6i,~\partieularlY described as/f~~lJ ,e'i "".... commenCl&/at t- eCSou.th.eas.t corner of Section 3, T wnship 51 South, Ra.ge 21 E,ei:, Ttlill'ahas.see.....M,.eri ian, llie County, Florida, hl:lnce N.~tth1~l,4;/"sO. w. along t e South line of said Section fo[~ 60 feet to'tj)e e tended anterlin of ender- ~~~t~~i ~~ ~Jnm~~~t~~~-'l~O, .~o ~:~:f'dD~ ~:n~~~ feet t thf in ers ct on of Oi e K.'~llle, t.h ce N. a9"24'5~' W~\al n9,' t e ~ge te 1 n S d. h. D~i e, 50 feet:. to ~1'~'~S 'I..,R:.i~ -~-....aY' 0 den; D iv, nee N. 00041140 .E';'-i albn~i o...w..o:,,",.tY1H ri-Way 3... 3 f e~ to the southweS~~ij.Y, \, Right-of-way of Tam! Traj' v.,., ~ to the Point of 'e,9.:\~ing1 ~,~ Thence N. \.~~t2CrU6" w. along the sat~i~ut w ~?fy Rigbt- of-way lin . pIC~.....~miaroi Trail, 0.5. 'U'~~&-""'br , thence So. 0041'401"\\{. f 236.61 feet, thenc 9..\.5J 20'16" E. parallel to T.a,'m(al ~ail, u.s. 41, for,A,a\.J8 eet, thence N. 0 "41'40' Po. 2>3'6.!J:' [e-e.!:.. to the s~' d--S~V<t ..v, terly Right- of-Way line uf t~e T9~r~~r-Tr~ .~~,~~~.)~, which is the Point of Beginning'''''G.Q1U-~rl.sot~~~. "iV;'?5Jotffi. ~----- ',., '", Q ~ ~ ,:'J r- and grants to the Grarltee all appurtenant easement{;), if any, ~ J u l 1 and covenant-Is) r except as provided below, thi;it at the time of delivery of this cieed. 1. the reilJ. property is free of all encumbrances I 2. lawful seisin of and good right to convey the real property are vested in the Grantor (s); 3. the real p~operty is not homestead property, and 4. the Grantor(s) hereby fully and generally warrant{s) the title to the real property and will defend the same against the lawful claims of all persona. whoffi6oever. How-ever, only actual damages, not to exceed the consideration stated above, may be recovered for breach hereof. Thi s deed disch~rgeB all of Lhe obligations of Grantor(s) under the sales 1 L Agenda Item No. 8B December 11, 2007 Page 86 of 195 c ;;0 CD Q o :>< '" "" = "" 0() "'" ~ a rrt '" <=I ..., ..... ...., , ,. contract, and Granl:.!-e(s) shall hereafter rely only upon th& covenants contai ned her ein. This deed and the real property Are Elubj act to: 1. Declarations, conditiona, reservations, restrictions, limitations and easements aB listed in a title opinion given to Grantee(s) or in a Schedule of exceptions to coverage in any title insurAnce policy insurin9 thB interests of Grantee(s) in the property, or of record, or which a.re visible, if any, but this provision shall not operate to re-i~po8e the same. Zoning and other governmental regulations affecting the use and occupancy of the real p,operty. Taxes and assessments fQr current and subsequent years. Purchase money mortgage given to Grantor(s) by Grantee (8) herein to secure the sum of $200,000.00. 2, ~. 4. Signed in the presence oft (Corp. Seal) TREON'S KW lK SHOP OF ~. ~'- ~'~~~Ql{~5:~ I~~~.~. ~< ,:, . ',(..J Its...... /.~ -r"1'~-->~- '"" - .1.ttless/-r-- I '---__f"""l . . -~ AttesC. \~ '.U, I !(('J~ -c',L ~::,o:.'~\ii\~~~~r'"::, ~ ~, I het.:;~y\,rtifY that on this d~'iJ,e or (:;;";J Notary Public duly aU~'lt:9'JJ.Z'~d in the sta te and ~~:unt e~ ilbov to tak.e a.ckno.....ledgmenP"P'~" rsonally appeared . , , to me known to b~.1ihe...~ ~Ison described as pr9s1.QE rt:/of TREON'S KWIK SHOP OF NAPLE3., {F 9k:tll^' INC., n Fl0~).d~-i.~"fB,{ratiDn, .nd who executed the fore'l. ~g. .w'a'N;.4n!-J:: d~e ,.......tn;i\fh~,!).me of and fOI that corporation, affik>;i.,ng tii'i)f"_F~iJiOF~a ect\al '<.Of......fuat corporation, that as such corporate oh.ipeif.lt 'Zl.t(p1!_~r;L'!i.,,.-6ulY authoriz.cd by that corpora.tion to dO EOj arrd...t-'l..:f.::th,e...t"c1f'egoing warranty do-ad isthe act and deed of that co~poration. W itnass my hand and off icial seal in the county and state named ah[,\IMl",~);)i" ~ September 1982. ","f~ .". t l ""''t~~, f~~~.:""';~" ::~;\ f (>ic#.2rr ~~,I) , \;;~:;:~~ .~~,;~tl 'J''"I", Ilr.R!l)~. ,\.",," " .' ,_ , "": ....lll"~' N..., r. . ..- . .r..r .: '; '1~ " !~i'.~ Del:t.,;'!rF~1J'.ta'nd:..<<ceptance of this deed by the herE!:by acknowledged. / I- - // Date: ,,,~.._. . ,. -;i'.. , ~:.,: ...). ~~ taty PUbli~ M cororoissio e.pires. ~ / ~/....,~ I /- /' Gcantee is /. .. ':~-''''''',7.(;..../ treon.wjd(Df)9.17.82 ~.. ~, 2 L Agenda Item No. 8B ~ December 11, 2007 Page 87 of 195 o = ;;0= c:l Q o <<> o a; "" CD co c::> " )> NO C).... I'TI .... .. ) ~ . . 01.8231 S6 9t,llh1l8 PH 12' 03 (lW~nUIlTY RECORDED PRM 1.'tnflt.~l\t Pr:epared.DYI aut IC.. MIlI\ltlrft\lLl;1, &1"9. DOC "G'O Qoh1en OaU PIlt'ItWl")' ItiT_p. O. B~ U),i INO_ Nap,,"U, '}orl~ J.1Hl-S1,1.7 'KithQl.1t. Dp.inLotl. a.nd. WithO\lt Benefit o( ~~~~~l\tion oC Title /. 001948 OR [lOOK ottt'l"~J.^IM DK~ 'J".Hxs qttXT-C1.1l,IM DUO, exeeut.ea tai.ll uH:.h dfAY ot May. UH, by IJOIHlph J. GutIU.en, 1ndividua~ly and mu TruQee~! Q~R, QRANTOA, wi~h ~~lt ~~~r ~d ~uthQri~y eithv~ to pretee~, cOnoo~~. en~r. n~ll. OQnvny. ,O~ to oth~~lBD manag4 C~ dlnpose of thb ~~~l propBrey de4~rlba~ h&tain, t~ GRktSTQ~ p~ ~rL~ H~S. INC'l ~ Flo~idA c~rpo~3tiQn. GAANT8B, whooo p04~ o{f!ue .IIddrenn 1A 13]00 G. TNminmt Tr~ 1. Napl~s. Blodd(\ n9U. ThA~ th& Raid GRAN1U~ tor &nd in Qon~i~erution of th~ sum of ~tN DOt~ ftnd oth"r; good and valuable e:onlllidnJ;'l\t~on. il"l h4JJd pe.id "I;yy ~o tUI.!.d. lJ~r. tha ::eeed..p~ ' ~neroot !R hb~by ~ckAQ~ledgea, does h~r~by rem~Be. ~~le~~~, And quit'clh~m un~Q tba ~Gid ORNHTIB foreVc~, all ~hb Tight. ~1~1~. ine~re~t. oA~i. Bn~ demand whiCh the baid a~R haD i~ ~n~ to ~h~ fQllov~~~ de~~ri~~ lot. p!oee O~ p&rO~l ot 14nd. aituate. lying Ana bGin~ in ths CQun~y or COLLI~k, StAte ot rlorJda, to v~t: ~g61 denc~ipt~on an tho ~tthQh~~ txhi~it ~~~, tax Folio No, 'I\) H/l,VI Aml TO HDUI tl'Jo JlAJ'l'lO t:ogfJthOl> "I'it.h all nnd sin9'\.u~r the .cqlpm~tenAriC9ilf therounto belon~1ng or in anywaYA appn~taining. And dl1 ~ho .Qta~Q. r!gbt, tit~6, !rl~~reltlt, l.!en. equity ll.lld el",im Yhat.r:OQver of ~he Ilfd.d OIt.lUi1'OR., o!thtn; in ),av QX' equ~~y to thD o~ly p~Op~r u~e, b~nefit ~nd behoo~ D~ tho 4Ald gRANTER forayer. ~aRANTOR. and .attANT~~~ a~6 un~d fo~ Dingul~~ O~ plu~~~, 4~ thn aon~eXt m~y xt::Iquh'"l!I. I:N KtTNIU1$' wm::JUl,op", said (JRhNToR hl'lB he~ellt1tQ lI'tJt (}RJl.N'TOJP! hand And "&(\1 ~he day and yaar tirpt above wXitenq. S~wne~, 86416~ ~nd ~~liv~~6d in ~he p~eD~nce of: ~rlY STA~B or FLORl~^ CWNT't OF' CQ1.Lnn I ImREBt' CER'rI1'Y that Ot'l, thin day, bsfOl:'ol!l IM., M ofllear e)uly fU.lthad':l:6~ in thft StlLt'6- 8o.toreuld and, in \:.ha CDuntV=~~~ ~~ ~ lI.o~nQwltu~glTIcntll, pertJo;r.nAlly appearcQ JORepb J, Ouid!gh. wh~ ~p~raonally kn~ t rno to be tho p~roon ded~cihe~ 1" Ot'ld, "ho t1lCaC2\.tt~d tho tOJ;e!101t'lg-; -..--"...-m--.- . . .lcl';nOiR),lt139'''t,\ b&tQ.re llllt t.hat. he 6:;Il;t1CUtod. t:h~ U&'I\Q. Da.ted thh llit.h day of M.$.y. 1"". , ~tj./- NO ..:, """ll. fl..t r Il/dU"'..... My couunil'Jdon Q;o;pirct': '" C~~iSB~on Numb~r: -- lK,t. 'Jill ~ MlA.K.It'IrllCIlM.\N Kotlrl,.1(e.1hUfltR. Jt,eo..l,tU1mo:l'.7.1m to.Ill. 110. a: )qa)) _&_r", 4Pall1K.H_ KolY.P1bl.SIolt&H"""""". . 1'.o.1l<o(81\1 NopIoo F1. S31l( 1~1 \1 IIf4~1'f{lrl $_' 7~.o(l'u;:'~~Urr St,Ml~ T,,;r R~~t\ted S I \li'S1 'C. ltcl,bn"pb1e n ('I r"I.., I rl'~~trt] r" bwlmll L Ol':.i~. (..r.'i); ot C "Uti COURT BY O.t. PUDZ.2006-AR-10648 PROJECT #2006060057 DATE: 10/13/06 KA Y DESELEM :,\',Yi09l2006/TUE II :21 AM LOU. ,RICKSON, P. A. FAX No. 239 353 \8 Agenda Item No. 8B December 11, 2007 Page 89 of 195 P. OC2 . \j ~~-\-~"t \:)=c\ .. " l.t. . 01.823156 S'.1IA1Ief/l~03 ;... O~I!TJ...-. ~........~~?RDED .":.':': ...u.l J:. "utn:b.. bq. !h...~ .U40 aoldtt.D Cll'E. ...irkl.:.y 11.:1-1'. O. SoIl' nn I' ")__ JUt.p1..". "10&'141. 1~,..1.~n1'7 .1 PlobU't Q:liulCQ I&Dd vi tbD\l~ kr:eU e ol b-Pdoat;1QD ot Th;le 001948 OR BOOK DOllSZ ~c:E CC:l'1'.............D~ "ntJ$ OCI'l'.~nE:a:lt ....cut..!!; ad... :l.iQ Ga)'of .y. 1'''4. ~Jo...pb OJ. Guidlsh. 1n",1'\.'"14ua~ly And. .... 1"na.II~... GIl>>ITOR, ~. vJ.Ui 1Ill.'1:" J>CI"I' AAd "l,Il:hor:f.~y .hhczo 1:0 protect, cc:GMtn.... ..D~r, ..11, ~wY. 01' 'tCII ~i.. ...... oz d!.pl:t.. of the Il'ltal prcpe:r;y ~.er:lbea h.'~'d". 1:0 lJRnSTOllll PARJ:' JIOa,ta H~, rNC'.! " Florild& ~Ctr.dl;lQ. GU.JttU, ..mOM. pint Qt"f:l.C'tI ~.. :S.. nloo E.. 'J'uLlamt "b'ail. Naplaa. Flor1d.& UliH. Tbal: m. _:icl wu.>>no1l .for a.Dd i.r.I cc::.a..:i.llkrac'ilbD. o[ t:M .\aII of Tn{ POu.MJJ _d cl'ch.:l:' gODd It.Ild ....1u.ab1. OOAaJ,dlIn.tlClQa 1.1:1 ~ ~.... by ~ .....:ld ~.. I;:~ n.~:lpc. wb.r..a!! 1. ~ .ckzl.tJlII1.~. 6>t. Mnabf ,,"~... ~..:l....... .mI lZu_\:t~cbl.'" UJ:Ito the Al12 ~ IMa'Vtlr, ..:U. the rigbt. title 1.at.e:A8'C.. Cl.b1ll1Ul deIIa.nIS. .nld:a th'll .a1.d CStANraH. bu iD lm4 '1:0 tlMI !'0'110yJ>>1J d.&c:z:1~4 1.Dt:. pierce or p.N'C*J. of' 1i'Q4. ..i\:u&'t'a. lying a.tld t.iuv .ill ~ cmmty ~ cot.L1:a, 1t:&U ~ ,.1oric!&, 't;Q Y1~: LQIiJ-l cs.e,eriptloa o.n eha a.tta.cbed. ~lblt. .)l... ".tax l'Q:U.o No. '.l"O HAW >>m TO HOW ~. ...... t~tlWr lolI1'1:h ..:11 md. "ligulai' t.b.. oIIiPPw:1:8a.o.nCIlA theRunto 'bIIlCClD'U)g or 10 auyw.)'. ~datll'" -.M..ll ~ ..t.t.. :;L:llbt. ~1U.. in~u:.-.:. 11011I; equ5.ty Pd c1.aia 'I/bIIr.Ilr.Y1tI' at ~ IMdIl ~R. el'r.hAIZ' 1. J.&W ar .-qult.y t;Q t:h. ~~ p~q;tOZ' u... bP..,Ut 1U14 bilbooS' O'C th.II ..:1.4 ~ ZOft""U', :.;w~iJ:';~IlA)nOR. 1Ulid. ~~. aw. \I..~ :t0lt _insu"azo Dlt' pl~a1. ... d1. ~on.'l:ext. ..;y III nonn::as 'olB:DEOJr. -....:ld mu.N'J'OR .,.... b&....WCltlO .et:. G1U'o2n'OJt..s ~ _4 . .",1 u.. Gay 1mr1 y..r t'1~~ eo.... YX"! 1:~~. 51...... ...,.. an' "11""..' n',., ~ ~~~. Wi~ . Y!NC<!Pr MtJ rltY )>rut~ ST~ O~ ~nA COllII'n'-QY l;."QrLL]:SR .-:t~JlCU:Ilo't.-CEltTJ::r:r. .t:ha1;.. (:-:II .th;t.-4ay., .batDlC'. are, ._aD;. att.tCO#:...GuJ.Y"'\lt:b~:r:'J..:lUUS .J.n..Il:l*. su.. .....ool.. an. iu "'" """"~~~5~':: ;:~ __'_to. pen""""'" "",,""ar~ l1ot1epb J. 0UJ..d1..... .~o ~\y kD-. _ 1:0 _ t:btt ptIZ'.1I:lO "'.er1.beO ill aU 'IIbo ...cu'l:ed t:ba ~On9'OiD i;lmowl.d;Dd be!:oX'o _ I;M.t be .:MIl:Utod: the...... D.a;telS t:h1. 16th day ot lI!lly. '1"4 ~ . _'n_UHU _uHu,-"unz.Tf:Jlu- .u. .u /'" o 1.823156 9~l\AY IS PH12'03 nro~nU~TY RECQRDED PFtM .1..~nat.ntI\'Itln.t praplI.rll'd 1)>, aul K. N~v~~n~ K~q. DOC )SU OQldlllt'!l Oat:C1 l'arkloll\Y INT _Po O. D,* 81-17 INO_ NAplUj rlol."idCl ]~ElU.B1.,1.7 Wlt.hQ\.1t Ophicn 6.r.d ~f.t:hO\lt. BGne~it ot ~Amtn~eion at Title Qtt:t'l'.CL1I.I~ 111XS QUtT-ct.A.nt Dlum. 6KeeUt.ed r;bia. ;I.,~th day 01: Ma.y, 1994.. by I1DDtI~h J, <';uid::leh. in~iv1dual1y ~nd ~a 7ru~t&O, GRANTOR, QRANTQR, with ("i1 povnr ~d authori~y eith~~ ~o p~t~et. oon8a~~. oncumh~~1 n~ll. eonvay..o~ to othd~L84 manAge O~ diftpoue 0' tho TtAl properey dea~ribod hetttln. to G~t1sTONI p~ M08r~E H~S. l~C., ~ FloT1d4 eorpaT.et.!on. G~~B, whon~ poAt. office Addr~ftB in 13300 g. T~h~l T~nil, Naplne. Jtloddt\ n!Hil. Tha.t thD Raid GRANTOR for and in con~idaratlon of th~ sum ot TtN DOL~ ana oeho~ 9004 and V~lU6blo con.~dnrAtionl i~ h~d paid by ~~ DA~~ O~K. ~n6 xeco~pt wharoof i. h6~by ~ckftow16d9ftd, does hereby r~miBe. ~~leA.o, And quit.cl~lm Unto thn _~id-Q~ftB fQ~~V~~, 414 the ri~h~. t{~le. i"te%6~t, claim ~nd d~manO which ~h6 ~nid QRANTOR h<<s l~ ~nd to th4 fol1o~ln~ db~Qrib~d lot, pioee O~ p&rCel 0: lAnd. Dituat~. \ying and boing in the CQun~y o~ OOLLI~~, Stbte o~ Vlo~1d~, to ~L~: ~g~~ don~ript~on on tho Att~che~ ~xhl~it *h-. 'tAX FoU.o No, ~ HAVE A<<D TO KOLO tho D~O tog6tha~ ~ith all nnd singular the ~pu~tenAnC90 therounto bftlo~gi~g or 1~ anYWAY~ app4~taln~n9, And ~ll the 9ota~Q, r~ght. titln. 1nter~"t. lien, equity Aod ~l~im ~hat~~ver ot the a~id G~ANTO~. otth~r in law or oqulty ~o t~Q onLy proper ~~O, benefit a~d behDO~ o( cho $~id ORANTi& !orQVer. ~a1'1ANl'OR.ft and 'alU\Nl'J:R~ a.re. 1l1'1""d, .fQ~ ai.ngutaJ: or p).urll.l, All tho COnlOQl(t. may X"t'quire. tN K:r:nma.s WH~JUzOP, qdd OIUUt'rOR hns ncnul'ItQ 00t; GUNroR'S hand. land. c~~l the da.y and yellr Urf\l; MQ'Ve w;:i~~l'u1. stnne.6, eOll.leu ~d ~~11~~ea In Cha pretltll1ce o~ I 'Jy ndlv ~U~ ly Ana ~6 Pl'lY STATe OJ!' FUlRIDA cotn>."TY or COU.Ul\ I HtRBnr CSRT%FY that ~ thtn dAY/ b~iore me, An ol!l~or d~ly autho~!:e~ 1n tbe suet. ~orl!llu,id. At'l\1 in the. coun~~~~:~~~- :~ '~O: I\qknowbd;tllfm,tll, pe1"'OQDa.1.ly ApI:)QUe.<l JOlleph J. Giuidiph. vhQ Clr~ono.11y kn~ t mo t.o bit th" penon dGuodbed in a~4 who ex~euted l;hG to~e~oln ---.- '--l--~I ,--- 6Q~OW~e~gq& befo~~ me thAt he ~xecueod. tho SaMa. DAted th~, l'~h day at HAy, 1991. . tf2 I r i/- <<cf~"~i~ fi>.l ~,fl.../"'.... My COlnlII.f."sLon Jlxpiran: . C~nm!&lIion Numbnr: -.-- lX.... t-M;' '- . PAlA.K. HWelI.lAH ~Ur"dt1tt. Shtfflf't Mleo...,t<<~tI'UCCT:..l.1.1m t6al". JD. ct)4llDl _&RGtuIIlT.: 4P11u1 K. Ho<Iem>ln Ko41.PI1oo, Bil<ot&H_ . P.O.lla<Sl17 NopIoo R. 3394 toel \7 Rttet't1!d $.... 7~..goc:lt::':~t.J.rJ S.1.Al\l~ 1:\2: Re-.:tl~e4 J I ":lU1 'C' Itl~4fl"lb)1l n f'> P.t\.~I.l PI'v~trt] III OW~~~'. ~r:~~. L/i};.~(,;II:U~ :0001 Bt~O.C. PUDZ--2006-AR-I0648 PROJECT #2006060057 DA TE: 10/13106 KA Y DESELEM NO.8B 11,2007 o of 195 :i.:.li09/2006/TUK 11: 21 AM LOU, \R I CKSON, P. A. m No, 239 353 18 Agenda Item No. 8B December 11, 2007 Page 91 of 195 P, Oe2 \J.e;:'~'1; \:)=~ -<i " , ., . 01.823156 S'4t1.\118 flll2>03 ;_~1f.J~~~.~.~~?RDEO l...... 2'40 GoldAD C&~. :;3-..i-k......'Y 11:7 '-:"'-P. o. ~ IU" I' "'"__ JtJopl... 1'101'14& ~).~1.":11" 'll'i~QU,t ~:laJ.QD and. ViUlClU'C "~'fs.-'1: of ~...dQ;l. Dt Tide 001948 11II BOOK DO 1252 f'A;E 00:1'%'....."...... DI::ED '.nil.! Qt2x'r-a..ux nEED, '-et,IUIS ~u Ut:h 4>>.)' of xay~ 1.".... !:ly ,,]Q.eph oJ. Guiduh, 1niShldu.:aU}" IU:I.4 ... Tn/4I...... ~. ~. vi~ c:u.:u. 'PC..,.r &I:IIS &\ll:hor1~)-. ahbu' tQ p:l:'oteC"C. c~'*. _e.:mbiIJl'. ..11. ece.....)I'. or to Dcn.~.i... 1IIa.DIL~ or di~o.. of tiut ltc.l prq>>lC:ty doe:.cso1btd he~16. 1:0 GUY.sTC*I" PARI: tI:lBIU" 1I~. l'He.! . Flol'ida corporadon, GAAN'JU, vb~ post. otflt'e ~.. ~.. lUDQ It. "J"ira(Lla.:a4. 'rra 1. Naph.. Floria. InU, "that th& .....14 WI..JoN1OR .for ~ u" cailu16Dr...tit:a. a~ I:IM .~ lOt n:Jf DO~ _d ccbu' good Uld 'V&'3.umlll ccad&.rat:iocw 1~ ~ paid by t:lwo ...t." ~It. tbe receipt;. ; ~r.o" i_ ht-lt'eJ:r.i .clr:Dcwl.~. ~. 'be~ T.-1.... It.l......4 -.uc2I qu.1t:-clata UQtA;J tn_ ~itS GRNIiU fcn.....r. all t:h!t dghl:.. ~lt1..! btu&.t.. dab! u.tI ~ wnid:l. el'l. u,1d ClUlH1"OIl hu iJ:l and ~c thtI :fo'11Dld.~8' da.cr1t:led 1M:. p:lel:tl or ~1. cf' 1.~4. ..1tua.t'e. lying lUll! ~ 1A tbti CD\J;I;l~ Dt COt.t.X.EJt. 5t:at:w ot p:a,ad4l.. '1;.0 __it:: :r....g.l d.Ut:!dpl:icm on t:.he at't:a.chBd. ~ibl1: -A-. Tax )'olio No, 'l'O ~VJ:: ~ ':rO HOLt) tha ..... t:agIIth.~ 'IoIith all aDd .i.nlfUIU' tho ~un:BDUlo.a thltreWll'(.O ~l.CC1gi.a.g (It' 1D &DYYAya app.rt.a1lloiu'h ..us.U t1:l. ..tat., :d.ght, tit:le. in~..t. li.l!lQ; .ljlU1!tY Ud e'1&iA \oItl.at:__".r 01: eb. -.a.i& a:RNI'tQA. .:It:htlr J.'A .lav ~ ~i.t;1" 'c:D t:h* ~~ ltECpCur lY:*. be.aotlt PI'll b.hoot of t:btI _14 ~ ~cn:-ev.:t'. n~:l&':~Jtt.H'1'OR. Nld IGJUUrrO- ~ ~II"" ~C% .~1" or p1.'UJ:dt .. th. oonlteEt. -y III VI~' '\IlIlElUmV. --.id mu.NTOR ,... h6!1:'.u=t::O _t:. GRA!fTOR'$ haz:uS IlWd ...':1. l;.b.$ day and y-.a:c t:bl!'t. ~ Yl:'i't.t,etl.. S1liiD~. ..a.1.ttlS and d.sU."'l:'od ~' ia the preaeDCW: oE, .~ _.~ff~~. L~. II,Mr!S.)r M tJ ftty ~~ s-a ST~ OF Ft.Oll.t~ C'OQIlTY. OF ~ -%.~v+.cxxnn.-Ul.a'l:._.Ithi..&y.. .b.~o=- ....._aA. oefJ.~_"t!Y1.y...ut:hor.i.a.4.J.D,.t:ba. st&1:. a:to~lll.U.4 and !.sa I:M ~~~"'_U~,.II:: i;:j; ~l~t., penc=all.y -w*U'..s JDCI-:Pb J. ~.uNl. .w.a ~~)" __ t _ 'CD t. 0. """.elG 4tt..~ i.b a:a4 'IIIbD .-Nt_do 'the %OA!loh~ .~1.d.g1l\l4 bato:tfl: .-0 t:":taa~ ~. w.xeC\J.tod'l:-n., MaG. )Jatd tJd.. liith day of May, 1!)'~ . _..--_.mtrZrr:lr ..-- - ~ z~z , ... -E.Z~ " .. ~ ~ ... '. ~M ('In.cn " woo . +::.. f2. ;> . o~ t= ," ~ Z '" :;; cn ., , . PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE '. NE'IGHBORHOOD INr=ORMATION MEETING ' The public is invited to attend a neighborhoQdmeeting held by Motorc6~ch Resort, Inc:, represented by Robert DuanB, A.I.C.P., of Hqle Montes; Inc. and Richard D, Yovanovich, Esq., of Goodlette, Coleman 8< Johnson on: Wednesday, March 7,2007 at 1:00 P.M. at Manatee Middle School cafeteria, 1920 Manatee Road, Naples. . . ,. . . Subject Properly: consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Isle of Capri, Naples, Florida. . . . . . Motorc9ach Resort, Inc., represented. by Hole. Montes; Inc. is requesting a rezone from ihe Mabile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, 'TTRVC & C. 5) to the Commercial Planned Unit Development District (CPUD) fora . projectto be known as t~e Naples Motorcoach Resort. ,', - < .- ~ . I I . j ~ ft' . ., I !. ~ I . i i J " .....1tIDaI IJQlIIlI/lfllfflQtl.~ '- '''''''~ . D~ <",n_. ,,<>0...... , .................., ",-It.. . -~ ..~ - ',...,:. WE VALUE YOUR INPUT .:', _ ~,' , .. . .' t , ' Business and property owners, residents arid visitors are welcome 'to ,attend t~.e.prelientationand discuss the project with the owner/developer' and ~ollierCounty staff: If you are unaqle tQ attend \his(T1eeting; but have . questl~lns or'comments, they can be directed bY l11ail, phone, fax or a-mail .by April 7, 2007 to: . . Linda Bedtelyon . ". . 2800 North Horseshoe Qrive Commun!ty Pianning Coordinator Naples, Florida 34104.' : Community Development & . (239) 213-2948 . EnvlronmentalSelVices Fax: (239) 403-2395 . Administration . .lindabedteIYon@colliergov.net . Agenda Item No. 8B December 11, 2007 Page 92 of 195 RECEIVED Allr, 2 7 2007 PlANNING SERVICES IJfPARTMENT NAPLES DAILY NEWS Published Daily Naptes, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned tlley serve as ille authority, personaliy appeared B. Lamb, who on oaill says thatthcy serve us the Assistant Corporate Secretary of the Naples Daily, a dally newspaper published at Naptes, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the maller of PUBLlC NOTICE was published in said newspaper 1 time in the issue on Febntary 28'h 2007, AffI8!)! nlrther ~ays that tne said Ntlple~ Daily News i~ a newKpaper published a( Nfl.ples, in said Collier Couni.y, Florida, and that the said newspaper has heretofore been continuously publisbed in said Collier COlLnly, Florida; di~tributed in Collier and Lee (.'()tmlies of Florida, each day and has been entered;ls setolld cl8s$ mail matter ilt the pos1 office in Naples., in said Cotlicr County, Florida, for a period of 1 year next preceding the first puhlication of the lltt:'lched copy of advertisement; and ilffiant Ruther says that he has neither paid nor promised any person, firm or corpomtiOl~ any disCOUI\l, rebate, commission or refund faT the pUr]Jose ofsecunng this advertisement for publication in the said llewspapcr. . ;5 - j ( Signature of affiant) Sworn to and subscribed before me This 28th of FebrulliY 2007 CJ.-----n.^ ,0 O_f'(\:::i}G,~~ (Signature of nolary public) . :'~~;:W~ Chonel A McDonald t.rb.\.~ MYCOMMISSIONR 00210203 fJll>IRES ~~'~,'R~ June 29, 2007 ".{.~D~r.,'~ BONDED TltlU,l l~OYfAIN INSURANCE, INe FEI 59-2578327 Agenda Item No. 8B December 11, 2007 Page 93 of 195 RECENi:lJ ~tlt1 1. 7 ~\\\l1 "I"' ~ Q~r~'" \w,,,,~1 ?\ M\~\Wj at!\' y~ . UJ CJ ,2 E ;~ ': a: :'C:: .::> i~ :_~ :~ ,;;: :0 ,r::: .0: ;0 ,Q. :0: ile , Q. .;:) ;2 '0: :~ ~a: 'Cl :2 ,<( ;:J: '-' FE Cl l1J .'" ;~ ,[Q. ~ , , ~ ~ O~ 1> C60 ( f?- r' ~ Q c:r C I" 5 o " << W jJ 5 <=l t; ~ ~ it jJ ~ ~ o " ~ ~ a r:l << !Z ~ ~ ..0 8 ~ Ii I~ o u u ~ ~ ca Co E o t.) '" c :.c .!!! :a ::l c.. .2:- c ::J o t.) 15 ~ ~ ~ ~ ~ & !:; ~ ~ " => Ui ~ ; ? ~ ~ ... ~(t~ ~coO) NV[;; ''"9 ~~C) N,'" !fi~~ 0"'- f~~ ~ ~ c " ~ '" :!C).g jg8'g 1i1~U: ~S ~ 8d~ ,....a:z Jj +J +J U ,. " ~ Q - U ... .~ "0 t.) ~l:~ . AFFlDA VIT OF JEROME J. GUlDISH REGARDING BOAT STORAGE AT GREYSTONE MOBILE HOME PARK Agenda Item No. 8B December 11, 2007 Page 95 of 195 J \\t.c.~\'J~~ ~ tj\~\t 1, 'l. 1.\I{J 1 STATE OF FLORIDA COUNTY OF COLLIER ) ) BEFORE ME, the undersigned notary public, personally appeared JEROME J. GUlDlSH ("Affiant"), who having been first duly sworn according to law, represents, warrants, deposes and says: 1. He has personal knowledge of all matters set forth in this Affidavit, is over the age 18 years, and is competent to make, execute and deliver this Affidavit. 2. Affmnt is the president of Greystone Park Mobile Homes, Inc. and as knowledge and familiarity regarding all aspects of the operation, management and past and present uses of Greystone Mobile Home Park. Greystone Park Mobile Homes, Inc. is the owner of Greystone Mobile Home Park located at 13300 East Tamiami Trail, Naples, Florida. 3, Greystone Mobile Home Park contains 220 recreational vehicle sites and 73 mobile home sites, for a combines total of293 sites. A copy of the Lot Layout of Greystone MOib'le Home Park <:' /./ "-1// depicting, among other things, the 293 sites is attached hereto as .t::'(/1/6; /t 4. For the last~, boats have been stored on 6'(/ of the 293 sites. Out of those GO sites, 11 c? have carpOlts under which the boats were historically stored. A copy of the Lot Layout of Greystone Mobile Home Park depicting, among other things, the 293 sites is J / / " 6 attached hereto as ~'lii 6; r A . 5. In addition to the C{) mobile home and recreational vehir' are historically stored, Grcystol1e Mobile Home Park also h?' II years, stored an additional 5tl boat.' Home Park. The boat field is and has always been, (except fromlhose on immediate adjoining sites) by \ sites/vehicles surrounding the boat field. The location o. Layout of Greystone Mobile Home Park attached hereto a. / Agenda Item No. 8B December 11, 2007 Page 96 of 195 FURTHER AFFIANT SAYETHNAUGHT / Sday of\j/i.v, ;2-/;0 7 DATED this ~~a& The foregoing instrument was acknowledged before me on the a oJt1n. ff;() 7- by JEROME J. GUlDlSH, who is personally known to me or 0 who has provided a driver's license as identification - (check one). iAf>>I.fl- () , fJOJJtt(AJ NOTARY PUGLle.STATE OF FLORJDA """"""'" Lara A. Porreca ( W iCommission # DD607799 -.#~~..:' Expires: ocr. 23,2010 DO~""DEDTlJRU^n.-\;\'flC BONDING co., INC. '11J"r"'-tn coO'" ..Q~ - o I::: r- ~'" $WCD -.00> m~<1l U"a. CQ) Q)O 0lQ) <cO I '. -./::"d" ,,{,..- ~-i:ld-';/'; ....../...'.., -i ..~ [" i, f~ . IW Iff \ t!lt:\-::' .' I'-~),::i.~, .... ."',.,,,..~,._._..,'i.l_.., ., ~l~'-i?~-.~y>:::,-:;-:: -~: ...~i=-.-' : \ I' \, r' Ii -t. - .' "4.~' _ :0-~~_ ..f .;~- - 'Jl ~ '",1 :,'! ,.",1.'~ 'tiM' ';'!l") i ;l'ill' ~..,x. - i ~Vt ':lj;'~J.:.'ter; - j '.;,; ~'l.:X;''f;ifi''V' ~. ~"/ .'1;..,,1 '/ '.: ,I: ;~~jJ;Y ,If '<'1 .,,,.,~, t!.~' ,,'I~'l\t -~ . ,.:.,:.. "j,. ii "'.-i"..->> H ,i;~'iy;it i' ..: _' ...: \..~, t N"V!ii\ . : ~:' 'fl.,; -~ J \J;: ;~f:~-~,.. ~~ .,i;, : 1 "' .,...~ J :;':<):, :,:,';-::flJ ",i.:"U,: . .> 'II, d ,I, 1f .' ;~'1\fl ' .y, ~ ',':11. ,'~"':'f~' "'j.JI"~i. ',?/.;',J .1l~}',' !' 1,',-," .~'::'-~~.'/; i{'! .:. ;. . \ 'f ~ tDr--.lD ",om ,o~ 0"'_ Z .0 E:;:::co ~m $Q.l0,) -.Q0l C1l~C1l -g ffi Cl... "'u en'" <(0 ,"'\.i"." ".~*ti'.'.'"." ,'." . ~~..,.. ,."'- :~~~,4 . t " !-, .~; 'l_,t , . :!:r" 9..,...... \fU (G~~-' i en No B '" 11,2 7 Page 99 of 195 2800 NORTH HORSESHOE DRIVE i NAPLES, FLORIDA 34104 (239) ~03-2400 FAX (239) 643-6968 'i ., _. C9LUER COUNTY GOVERNMENT . . ~V/6F ZONING & LAND DEVELOPMENT REVIEW IW.COLllERGOV.NET . .. PRE-APPLICATION MEETING NOTES Date:_h- ;(t':"Ob Time: \ YS Pro;ect Name: ~~f:.V Applicant Nome~ ~ (~d ^-1? '. ...... ....i;~~'~;.~~~~~~~.~:I1Pf~:P~~;R~1:C!ng[]2~~...AiJlehdihf!i)f.. ;.. Firm: Hi'l\e.. tJ\~^..ks ~<;O'..+ Size Df PrDjecl Site: 2'1 acres Phone: Phone: Owner Name: Owner Addres.s: City Stote ZIP Existing PUD Nome;:;:;;umber Assigned Planner be...<. k-M M~eiln~i,~ii~p.a~~k{'([@#~H~~~~~~;i~:~~!r V If} , ~ubmittaJ Requirements (refer 10 application for addrtioflol requirements) 24 Copies of the fDllowing: (0 I additional set if located in tl)e Ilayshore/C?ateway Trian!jle Redevelopment AreaL 0. CDmpleted Application - G.D\JJ(\\oo..O UJ..X'("Q',"" D..,\,Si;>\\.<:o.."",,,,,,,, "',;,::;i\y./\ ff Pre-a'pplkotion Meeting Notes @ Conceptual Site Pion 24X 36" and One 8 V2 X 11" CDPY 1)):" PUD document and Master Plan plus one 24" x 36" copy of the Mosler Plan 2 CDpies Df the fDllowing: o Deeds/legals & Survey (if boundary of originol PUD Is amended) .~. . list iden~ifying Owner & on parties of corporation . [lI1 Owner/Agent Affidavit signed & notarized t -+'0 rlYl .0 Coven ani of Unified Control \J.SQ.. >vu.r(U1 [2:l. Compleled Addrcssing Checklist 4Cop;es Df the follDwing: !~ Env;ranmcntol Impact Statement lEIS) or waiver and digilaljeleclronic copy of EIS _ Historical Surveyor woiver request . UtHity Provisions Statement w / sketches i. _ l / ,) In c J o Architectural rendering of proposed structu~ (rlll.C to t\lllt\ .J~4nu.hD((\ o Architectural Revjew required E Survey, signed & sealed nO Ma(L. -\- VI ~ MO old ~~( )& s-..~ffic"lmpm:t-f;_m,.nt (TIS}-er '."oi"e.. [PI f ~"RI ~ \-10 W l NG-- Wl{2\ &VuDtJ ~ -~ Five (5) copies 01 Recent Aerial Photograph (with hobitot areas defined) min scaied 1 n = 400' One (1) Eleclronic copy of all doc~{"enls in Word fDrmqt and plans {CDRom or Diskette)-b( <Lo...c.n ~ Q..~ S~~\\\O,\5 ., '. Fees: vi Application Fee, :Br$1 0,000 (PUD Rezone}" $25 per ocre (~,- frodion Ihereof) D $8,000 (PUD to PUD) + $25 per acre (or froction thereofl . D $6,000 (PUD Amendment) + $25 per acre (or. fraction thereof) Agenda Item No. 88 December 11, 2007 Page 100 of 195 ,~ ( $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review .$500.00 Pre-application fee (Applications submitted 9. months Dr more after the date of the last pre-app ~ting sbaUnot be credited towdrds dPplkation fees and a new pre-opplicdtion meeting will be required. ~ . $760.00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Doily News). $363.00 legal Advertising Fee for BCe meeting $2500.00 Environmental Impact Statement review fee Property Owner Notificotion fees. Property Owner Notifications $'.00 Non-certified; $3.00 Certified rei urn receipt mail ( to be paid after receipt of invoke from Dept. of Zoning & Development Review) '.~ ~ Fe. Total $ E;;):;;F;,:;,' :. '., C~l7'p PJR~:' ADbe~SS tJbJ,el.vt- 7 Pit. U')41 d,CbJX1.\ks -rbkQlal'1's -C~+ ~rr,t),'~rClixl(J(-&:s,tt Ltn-u,O'd.7 tr b7fXJff-l-Side.aIAsof) 1?RC\\p(',\ i;"U=-\\M1C=:" I"\,~=, ~~-0\.\1J:\~';lN(', '\t--lF: 1'\A1M~ ()~ H"tt!(6:t"I1Jr 8<c,\'FC-.T (J)\\ I \--.1ec:l', h r--'~\t=CT''\-1f\\IV\F ('\-\iI'\N~~UC1Pi\1()'Q ~"MR~-7Q.3q\.(Jll({~1I . ~f\\('m\t O\ilV\~ '--!-n subml\- ~p\o.-* t Dvv1 ~ ~O~\Gi~(J.~. c.,-\{Q.QK _ 1. ( ~.~ .lJ ~ M~ b 13 P~CJS.YYl .Y NC E::- mE::"YL{~ ri I l't:r"r- C;rJG~ filcn--,r ( U f) I e.Pi s. ?-OO l{.-- 3\ ~~ ~~\\;~~ tro(J~if1n ~J1ctt~;~~ ~~:~~~~ni{welSi~ . . d I\^. & 4c<'f 5:.9 )\t C. U€ - L.ANfl~eN'b.: NV-vLl !-eCL l'):u;t:=t::s:f?_~ 6N PLAy; C~) SEe t-Af.I.Of>GIr'PE: ~Kl-I";,;T 'F1Jt:... &-Jff...p;Ji? J?A1.i>LlIeF: M~r"'. S{..J,ovJ BOAT RAMP As Ii ~ST7NG-" Il ';1 lAJtt- I.:1IS tl;tt fo/.ff .0;1/11 jJ Af ,f;.flffl,1/( cY'V 41/li'lt71- f>I2{M!)f~- 0>(.(;;/1/iAIrI-orfi/ /;tower of wl/!./V li.j-I,f-!I"vC A;1lJ to,4f !JoCJ<j wl.."1tF CCWfMl/clJ7/} ,~. . ~:ee~i\l_~N?f~s. ....~ ~.' . .::;:~,t:- .' A ..'~~;:. : . "..~. ,iJU/Y: aMI JYA/?1/ G:'Currenl\Pre-App forms'PUO pre-app.doc Revised October 11 . 2005 . r- U"l , 00> ~ - o , ~ '-0' Q)~' """, Ere Eo..' a> o .~.'. ~. dJ .:s ~ -I\ii ~ ~ ~ ;;;l. t -< d> .d: ~~ l- I ::: '-~ "Xu.. o , w ~I- <( C ~ III -.;; Ill' D:: - .c E --{J . 0.. o III > III a. "tJ t: o .... oIj 0) c: .- t: o N "o~ - '" t: '" <ll <ll E -U 't: "tJ o <( 0- III 0 a... ~ w ff: "Iii.' ~' !'1 Ill.' a ~ <ll ..D. E ::> Z <Il t: o .J:. Q.. Iii 12 .... '. ':!Oif ti <(. g .... <( E . I:I!I D:: ~ ~. ~ ~ tL ~. /v) " r-l t>." <v ' ~ . ~ I ~1 2. ~ !1 o I.,- 0. w a -- z O~ Vlb! :;u. ~ a is >- I- Z D o U w ~ ~. r;:~ " D ?I (::! 0) ,; f! N ~ iO 11 . ~ -> f! " o u t;i LU I if) '" z <!). ~ ~ E <> 0- n. <l: '" ii: 'E ~ " ~ CJ f:ij ~. ::) :z L!;I z o :t t1. ~ . '. - l'-- LG COocn COo~ c:i~ Z{U:3 iflC -tii:g, ~ ~.. ~ L!;I ,- -I: ~ ~ ~ ~ c- ~ ~ \l; l:: .~ \J \) ~ ~R; I I- l:l.. w d -c: --.,. -<;- :G! ~ dzE"'-" .....,:!:: ~~ >i.L aa~ it ~ :z --... :;j \. d Q ~ ~ "" '", ~. ~ .~ ::,; .~ '0 "" '" Cry 01 0; ,; !!! 01 . ~ '" '0 " '" .;;: i!' '-., L> o . -0 ,.: W W :c en ;; z C'.l ~ '" E .g a. Jt " a: ~ i!' " o .,c C'.l w ~ Z .- , 1a-~ 05 OS 11: 07a' ""'04/2008'14 :21 TEL . i, Collier Co. 92542099 RDDRESSING 941-659-5724 II M L"ND DEVELOPMENT Agenda Item No. 88 DecembE'll' ll, 2007 \lJ 6'lagecilOO of 195 ~ . ADnkESSING CHEcKLIST J v Pie,.se complctellJe following AND FAX (Z39~S9.5724) OR SUBMIT IN PERSON TO THE ADJ>RESSlNG SECTION, FORM MUST BE SIGNEJ> BY A))J>RESSlNG PERSONNEL PRIOR T() PRE- APPLICATION MEETING. Not all.items will apply to every project. Items in bold type are requited. i.. i~CJ:,d de.crij>'uOll of subject property or properties (copy of lengthy Jesc'j!ption may be attachetf) S 03. T5.1. . R26 - \-\,.<G-ud Y..6..,.,1'.,) (' ~IC Po-<-K .k1\K A Lo~ z_ e, 1"',,,.-u::le..<Sc.'-' C~~ f'<ll-<)( f"J ~ 2.FDlio (Property ID) number(s) ofabove (attach to, or associate with, legal description ifmore than one) G,\)(.. L 4~53008OQOI.49584240004 ~~ \ 3.' street addreSs or addresses (as applicable. if already assigned) 13300,13450 Taininmi Ttnil . 4. Location map, shOwing ~xact locali<>" ofprojectlsite in relation to nearest pt>blie road right.of.wfty (atrach) 5. Copy of sUiVey (NEEDED ONL YFOR. UNPLATTED PROPERTIES) 6. Proposed project Jlame (if applicable) _ Grevstone Motorco"ach Resort - fh:'d'Z-~~ I'\.1Qf^e- !0cA o....ppQ)....!~...d 0,- 4 ~~ -t:.Vr, e.... 4 7. proposed Street names (ifapplicabJe) . 8. Site Developrpent Pion Number (FOR F:XISTJNG PROJECTS/SITES ONLY) SDP_ 9. Petition T:ype - (Complete a separate Addressing Checklist for each Petition Type) o SOP (Site Development Plan) 0 PPL (PJons & Pial Review) DSDP A (SDP Amendmenl) 0 PSP (preliminary Subdivision Pial) o SDPI (SDP lnsubstantial Cbnnge) 0 1-1' (l'inal Pl.l) o Sll' (Site hnprovemenl Plan) 0 LLA (Lot Line Adjustment) o Sll'l (SlPlIllsubslantiaJ Olange) 0 13L (IlIasting Permit) o SNR (Street Name Change) 0 ROW (Righl-of-Way Permit) o Vegetation/Exotic (Veg. Removal Permits) 0 EXP (Excavation Permit) (8J Land Use Petitlem (Variance, Conditional Use, 0 VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ex:., Rezone, rOO rezone, e;z). 0 TDR rftflS[er of Development Righl9) DOtber-Descnbe: .~/iW?- uZ; - . " - ,..- ';::-pm /l7tJ. r:;:;, ve-~.....s 10. Project or development names proposed for, or already Ilppearing in, condominium docume6ts (if . applicable; indicate whether proposed <>r existing) __. 11. Please Check One:- 0 Checklist is to be Fa}(ed Back 0 Personally Picked Up 12. Applieanl Name Robert LDu:me. AICP PboDe 239254-2099 Fax 13. Signature em Addressing Olecklisl does not constilute Project and/or Slreet Name approval and is subject to further review by the Addressing Section. FOR STAFF1JSE ONLY Primary Number l~ \ .., '2...1 _ Addr",s Numh"" \?:,\ '1 c_3 Address NwnbcT'Z,\ 0090 Address Number Approved hy JlM-!.'1 ~ A (),/1 ._.1 ~ :' I/o J\!..crn Dale 5-05- DG , .' -. (G~b~~ 2800 NORTH HORSESHOE DRlVlage 104 of 195 j NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 ~ "'.\ ,. Cg,LUER eOUNTY GOVERNMENT . . ~Yt6F ZONING 8. LAND DEVELOPMENT REVIEW ;, W.COLllERGOV.NET . (i)" ..' ...... . '..,:,.~ ..;fj PRE-APPLICATION MEETING NorES .............~~~t~~~.ri~l2J:~I!!~.i?;'*VqRjh~nei~IPQ~...Af~~h.~!rl~nf.. .' : .((':i i~':,-):0-Xi,'>:. .; < ;;;~M}~~::t~~:~;~:~~::;; Dat.: J: ~ .;l. t .:.() b Time, \:\. <=) Proiect Nome, ~<.-knut. i::.v Applicant Nome~ ""E>{~,tf ^-.J7 Owner Name: Firnl: (-10\(1. I1tol\k '7 kSO'i+ Size of Project Site, 21./ acres Phone: Phone: Owner Addres.s: Existing f>UD Name :?d. Number __ V,I 4 Assigned Planner ~ /),C.Lb.M M.~ejthg),~lj*~1I~~j:....{<<tfA~~lj1~J,~ilJI'@~.Ji:~M:~ eity.__State ZIP .Submittal Requirements (refer to applkofion for addrtiotlol requirements) 24 Copies of the following' (0 I a~ditionol set if locoted in tqe Boyshore/Gotewoy Trian!/Ie Red.velopment Ar.oL 18l. Complefed Application - o.~(\\o~ ~-'...\X'<Jr\~ ~\,\..c:o...\;-"""", ~''l'I\ f.:Sr Pre.applicotion Meeting Notes @ Conceptuol Site Pion 24X 36" ond One 8 '/, X 11" copy 1)1:" PUD document and Ma,ter Plan plus one 24" x 36" copy of the Moster Pion 2 Copi.s of the following' ']:29 Deed,/legals & Survey (if boundory of original PUD is amend.d) I3]. list identifying Owner & an parties of corporation . 0 Owner/Agent Affidavit 'ighed & notarized t -+-0 rM . f.8I Covenonl of Unified Control L!.SL ~.A.tI-rU\ ~ Completed Addressing Checklist 4 Copies of the following' ~~ EnvironmentallmpaQ Statement (EIS) or woivcr and digital/electronic copy of EIS Historical Survey Qr waiver requesf . ~ Utility Provisions Statement w / sketches I. _ 1_ / rJ In L I D. Architecturol rendering of proposed struc~ (IU' C ~ ()j NI7t1. .J t4 /l\t.hO( n [J Ard,i1ectural Review required ~ I j ...a- Survey, slgn.d & sealed nO MO(L t'1 ~ (YlO 0 0\ /'\.~~ )21 S---!7l T, afflc Imp~menLtIJS)____Wer- ( p! p K'E;ibRl c; HO WING- WmB~DtJ )5.(r Qr Five (5) copies of Recent Aeriol Photograph (with hobitot meos d.fined) min scaled 1" = 400' One (1) Eledronic copy of all doc~rents in Word formq.t and plon~ (CORam or Diskette) -be Q...a...m ~ <2.-~ .s~'c%\\\CA.\s fees: Application Fee, :Br$1 0,000 (PUD 'Rezon.) + $25 per acre (~r fraction Ih.reof) o $8,000 (PUD to PUDj + $25 per acre (or fraction thereof) . D $6,000 (PUD Amendment) + $25 per acre (or fractioh thereof) Agenda Item No. 88 December 11, 2007 Page 105 of 195 , , .--Q'{ J # $150.00 Fir. Code Review $2,250.00 Comprehensive Planning ConsistenCy Review .. .$500.00 Pre-application fee (Applicdtions submilled 9. months or more after the date of the last pre-app ~Iing shall not be credited towards application fees and 0 new pre-application meeting will be required. 2'l. $760.00 legol Advertising Fee for CCPC meeting (to be reconcil.d upon receipt of Invoice from Noples Daily N.ws). . $363.00 legol Advertising Fe. for BeC meeting $2500.00 Environm.nlollmpoct Stat.rnent r.view fee Property Owner Nolificotion fe.s, Property Owner Notifications $1.00 Non-certified; $3.00 Certified return receipt mail { to be paid after receip1 of invoice from Dep1. of Zoning & Development Review} 12-( o ~ Fee Total $ I,<s: [;,;,! ,x'rr ~:. ,;; ":"~ ' ; rvl'ee!lng'No;fes' , " '-_, I r ..,.', - ,./_ C,' :',:~, '('fs};L;;;~,,,:::a ,,1. , ~..:~: '. COl7'p PJR~.: ADbR~S5 bhJ~d.ut- _7 Pit. u')41 81CkiXllk6 -rbr kQb""s - cmrk+.lr,t),'/yrCli.Kldf-Scs,tt L!n-u,O;:J.7.)br b7fXJff.f-SidMIAsof) ~C'..\P(''\ NA\M'<:=: I"\,~t'".", ~~-(l\:\lPI'Nr.IN"" '\HP 1'\A1M-r:: Of: fkk/e(6:t"JIX ~'\F('_:T (J)l\ 1 ~cr---=t'\ h i-'~\f=C:C"k\f\\IV\F ('\--~-----F:- PS>PUC\,b,\lO't:\ . (2C)'MR ~ - 'f~q'-l:J a((tLL! ~\('O()t 1[\dV\~ ~hsu'om~~~\<^* \.oM t> ~OSl'd-v.{JJ~ c:;\(e.ek -~;t(\\'~~. . ~ 11'1'" b I: pl2() ~ .Y NC E; Ti-lf::."1t{l,J 'til PI:cr c;oc..~ ~ca.~ \ ~UF-p~~~ QeS~~-3~ ~ ..t ~ ~. {;J:\ln ~ki~ ~Ol~~d ~~~~~~t1{{\A1dSl~ . . 0: i\^, & 4CY'_f <;'<z )\t C U€ - . ~(J~CkPih: ~ ^u /$uFUP'\ DN PLAT. l Lf.J::E) 3P".,(E !--AN.f)SUr-'P~ ~J<.f-!-:rr 'FIJi':... &fl=p;J2 ,f(.F.:!jlLLleE. M~ guovJ BoAT RAM? As. 'I SXiSTltJe.,:' j( . II 1-AlP- /:;:fISll/v{ 104+ 11/1/11 jJ Af F~'I f fiA/{ cYY ppavr(l!~' ~OC.()J1;1fi/V-I;i:rl<o-/P /A 0 <;f('.S oj-' wll/;/V JI/1J !o,4f /}ot!<"] wl-"?tlc ClYVS/1?I/c-!-Fj} /!14 f~1t I(-t/j'/I/f/{ ;Jl4/Y, ([Mf .M/J1P G:\Current\Pre.App forms\PUD pre-app.ooc Reyised Oclober 11, 2005 . . r-- U) , om o~. N_ .0. ~<O. ~o ~~ ~'(l) Eg' "'0.: .u '" o . if:;. '.. ~ do? ~. ~. 1 u ~ t ~ f -~ .;~ . ~ ~~ I::J '-~ "<0- j w '-Jj~ o ~ ell 0:; ell' 0:: - '1: E~ a. o Gi > ell Q -0 I: t:l ...... O/S t:l) c ';: o N o~. U) 1: U) ell. \!! E "tl - "tl o <l: a. ~. c :'E I W ~~:~:~~~ ti,~j ;}~':,:.'i g, . tI... l;: w Q ---. Z O:a:; . Vi 9f >Ll.. o '" o >- l'- Z ::J Q u 0:: w Z w Z ~ ~ <l: ell <t; ...... .n. Z D- E Q :> w Z Z ell .~ t: Vl 0 Vl -t: <l: a.. '. I z ~. ~ ~ I l-..... !!> 01. l:::. ,. ~ .oJ iff p,l. ~ <l: ....... <( E . II;t 0:: ~ ~ Z 1Y ~ ~ l1. \) ::J ;:'; M aJ ,; I" " " "' '> I" o o " i-' w W J: V) ;;:; Z '" U:i -;;; E .E Q Q -.: m il. '" c I" '3 Sl o .' ~ r--", , ..,.. e>~ ~ - t 0 -Jr-- We> ~ ili:~ tag;, ~ t~ ~ '.0 c- ~ ~ g ~ . '"'" .~ \-::. ~ w I ~ I;!.l z o j:j Q. -~ ::!.; ~ "" Cp \:;) ~ ?i '" 2fi ;> ~ N. Q !!; '" i:i Q) ~ .~ i..U ::E <t ~ u o '0 t;; W I f/) ;; Z e> iii -;;; E 12 a. a. <j: ~ 9> c ~ =; SJ (-) .,..... , 1>,~ 05 OS 1.1: 07a O~/04t2006 '14:27 TEL " Collier CO. ADDRESSING 941-659-5724 92542&99 H N lANO OEVElOPNENT Agenda Item No. 88 Decemb$'.H,2007 tal (fMllllo1i)8 of 1 95 ~ :.. ADbkESSING CHEClCLIST ) v. Pl<;asc complete\lje fOliowingAND FAX (lJ9-659-S724) OR SUBMIT IN PERSON TO TIlE ADDRESSING SECTION. FORM MUST BE SIGNED BY ADDRESSING PERSONNEL PlUOR T(J PRE- APPLICA.TION MEETING. Not all items will apply to every project. Items in b..ld type are required. i, Legal di:seript1GlI of subject property or properties (c<j>y ofleriglhy Jeso;!pt:O>1 may be arracherf) S 03. T5J. . R26 - ,,",\<!.n..d ~",10 [> ~IC Po.-rl,(, .o,W( M ~~?- <\ ~\'.".<:k.cS."-"" CJ.=,(.. f'<!L<K fS.~ ~ 2. .FoljG (PrOJierty ID) number(s) of above ("/Inch ta, or assOciate with, legal description if more (han one) (;\)(. L 4953008000 I. 4958424()Q04 u:,J,- I j.' Street addreis or addresseS (as applicaMe. if already asslgnctf) 13300, 13450 Tainiaini Trail . 4. L6cntiGJI map, showing exact location ofprojec1/site in relation 10 nearest Pllblie road right.of-way (anach) 5. Copy OfS\1lVey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed projecl Mme (if applicable) Grevstonc Motorcoach Resort - -RL>~~~ ,'\jCU'"e.... No-\ ~PFC'D'!d o~ 4 ~ ~r:e..... 7. Proposed Street names (if applicrr&M 8. Site Development plan Number (FOR EXISTING PROJECTS/SITES ONt.. Y) SDP 9. Petition Type- (Complete a separate Addressing Olecklisl for each Pelmoh Type) o SOP (Site Development Plan) 0 PPL (I'luns & Plat Review) o SDPA (SOP Amendment) 0 PSI' (preliminary Subdivision Plat) o SDPI (SDP Insubstantial OlBUge) 0 FP (Final Plat) o SIP (Sile Improvement Plan) 0 LLA (LoI Line Adjustment) o SIPI (SIP! Insubstantial Change) 0 BL (Blasting Permit) o SNR(StreetNameChange) D ROW (Right-of-WayPcnnit) o Vegetation/Exotic (Veg. Removal Permits) 0 EX? (Excavation Permit) (;8J Land Use Petition (Variance, Conditional Use, 0 VRSFP (Vcg. Removal & ilite Fill Permit) So,,1 Doek Ext., Rezone, 1'00 ":-Lone, ere 0 TDR framicr of Dcvelopment Righi,,) O' Other - Describe: l. n U 'i) _ ,/ ,;::- pm mtJ. . ve t! ......s !O. Project or development names pTOpo6ed [Qr, or already Rppellring in, condominium documents (if applicable; indicate whether prOp<lsed Qr existing) . 11. Please Check Onc:.. 0 Checklisl is to be F.xcd Daek 0 Personally Picked Up 12. AppliC>ln' Name Robert LDuane. A!C"P Phone 239254-2099 Fax ___ 13. Signature em Addressing Checklist does not constitute Project itlJdlOT Street Name approval and is subjecl to further review by the Addressing Sectton. FOR STAFFIJSE ONLY Primary Number \3,nLI Address Number \?;;,\., c:..s Address Number 31 to 0''10 Address Number Approved by /(1,,,-,, ~ .A tYLs:/'a.Yn Date S. - 05- 00 ,..t Agenda Item No. 88 Decembw 11, 2007 R EC E 1f\bjji,U09 of 195 MAR 1 2. 2007 REZONE FINDINGS applicable to Section 10.03.05 H of the LDC. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The subject property can be found consistent with policy 5.1 of the FLUE because the resultant development intensity is less. For example, only 200 motorcoach homes are proposed, replacing the 293 existing units. Furthermore, proposed units will only be occupied on a temporary basis, i.e. six (6) months. In addition, the FLUE discourages future mobile home rezoning in the Coastal High Hazard Area. The proposed rezoning request that will prohibit the placement of mobile homes, therefore, will establish further consistency with the FLUE. The proposed rezoning request can also be found consistent with Policy 5.4 of the FLUE because the proposed rezoning request can be found compatible with surrounding land uses. 2. The existing land use pattem. The existing land use pattern to the west is MH (developed with mobile homes) and a residential PUD that is vacant. To the south lands are zoned MH for the lIenderson Creek Mobile Home park. To the east is agricultural zoning with a CU for a church. Lands to the north shows U.S. 41 and vacant agricultural zoning and the Winding C)press PUD, also vacant in the general area. The proposed rezoning request can be found consistent with the foregoing land use pattern. See also aerial photo provided in the Application. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed request will not result in the creating of an isolated zoning district based on the surrounding land use pattern. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The exLsting district bOWldaries are not illogically drawn, the proposed request is merely to re-designate lands zoned for C-5, TTRVC and MH and incorporate them into a CPUD for a more appropriate zoning designation as noted in other parts of this Application. (H:\2005\2005144\WP\Re4one\ResubmlU.a[ In pmgress\1 c.Rezone Findings.mn.070215,doc) Page 1 of 3 Agenda Item No. 88 December 11, 2007 Page 110 of 195 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The existing park now abandoned of occupied dwellings is ripe for redevelopment and a lessening of its development intensity to make il more consistent with the FLUE by removing mobile homes and currently permanently occupied dwellings from the Coastal High Hazard Area. Changed conditions and current county policy that discourages the development of existing uses make the proposed rezoning request appropriate at the present time. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with sUlTounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed change will not adversely or excessively affect traffic congestion in the neighborhood but rather reduce the traffic congestion based on documentation provided in this rezoning request pertaining 10 trip generation. Furthermore, as noted the proposed request can be found consistent with Policy 5.1 of the FLUE because the development intensity will be lessened. 8. Whether the proposed change will create a drainage problem. Based on the data contained in the proposed water managemenl plan the subject property will not cause a drainage problem in the general area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light, water and air to adjacent areas, as the proposed redevelopment is comparable to the fonnerly existing use. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed requesl as noted is ripe for redevelopmenl and will result in an improvement in the quality of development that should not adversely affect property values in the general area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or developmenl of adjacent property in accordance with existing regulations. (H:\2005\2005144\WP\Rezone\Resubmittal in progress\1 c-Rezone Flndings.mn.07D215.doc) Page 2 of 3 Agenda Item No. 88 December 11, 2007 Page 111 of195 12. Whether the proposed change wilI constitute a grant of special privilege to an individual owner as contrasted with the puh lie welfare, The proposed change will not constitute a grant of special privilege to an individual as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. While the existing zoning allows for the existing uses, they are located in the Coastal High Hazard Area alld pose a public safety hazard, Therefore, maintaining the existing use is no longer as desirable as the proposed use. ]4. Whether the change suggested is out of scale with the needs ofthe neighborhood or the county. The proposed change is not out of scale with the needs of the neighborhood or the county for reasons previously set forth in this Application. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use, The existing zoning allows for the proposed uses.. However, the existing zoning does not provide adequate development standards to develop an upscale motorcoach resort. 16. The physical characteristics of the propeJty and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification, There is limited site alteration that will be required for the proposed use due to the nature of the existing development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art, II], as amended. The proposed request will reduce impact on the traffic, sewer and water through a reduction in the proposed development intensity and service levels will not be adversely affected by the proposed development. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. The applicant will consider any reasonable changes deemed important to the public health, safety and welfare. (H:\2005\20D5144\WP\Rezone\Resubmltlalln progress\1 c~Rezone Findings.mn.070215.doc) Page 3 of 3 Agenda Item No. 88 December 11, 2007 Page 112 of 195 " TRIP GENERATION ANALYSIS NAPLES MOTORCOACH RESORT CPUD The subject property was platted in 1971, the date the plat was approved, and the present zoning includes three zoning districts, including C-S (1.9 acres) for a convenience store, MH mobile home (19.3 acres), and TTRVC Travel Trailer and Recreational Vehicle Campground District (2.18 acres). Presently there are :k 293 structures that contain a combination of mobile homes and travel trailer lots (mostly mobile homes) in addition to the convenience store. The existing density is consistent with policy 5.1 of the Future Land Use Element. The proposed plan [or redevelopment is for a motorcoach resort park with a maximum of 200 lots, and the commercial use will be eliminated. As can be seen [rom the data provided herein, the proposed redevelopment will reduce trip generation in addition to removing semi-permanent structures from the Coastal High Hazard Area and reducing evacuation times. The differences in trip generation between the existing and proposed development are set forth for average daily traffic from the 7th Edition of Trig Generation prepared by the Institute o[ Transportation Engineers. This edition of the 7 Edition of Trip Generation does not provide rates for motorcoach resorts, or travel trailers so the rate for mobile homes was used since that is the existing predominate use of the site and corresponds to trip rates for motoreoaeh resorts based on the developer's experience. As can be seen from the table, there is a substantial reduction in traffic with the proposed redevelopment of the site, Furthermore, the Trip Generation rates do not reflect the fact that the motor coach homes will not be occupied more than six month per year. EXISTING USE Land Use MH*' Units Trips 240 4.99 X 293 = 1462 Land Use Convellicnec Mart *' S.F. Trips 852 34.57 X 2,400 S.F. - 830 Total - 2292 *1 Mobile Home- average rate on a weekday 4.99 *2 Convenience Market- open 15-16 hours, 34.58 tlips per 1000 S.F. Agenda Item No. 88 December 11, 2007 Page 113 of 195 , .' Land Use MH UnitsIS.F. TriDs 240 4.99 X 200 ~ 998 PROPOSED USE In addition, the existing convenience store includes a check-cashing outlet not reflected in the trip generation rate. Traffic data, included herein, demonstrates that the proposed redevelopment will generate substantially less traffic than the existing development. The anticipated that trip distribution would be 90% in a westerly direction on US 41 toward Naples or CR 951 and 1-75, and 10% would travel easterly toward Everglades tourist attractions and Miami. The attached letter, dated May 16, 2006, [rom Paula Fleishman, Impact Fees Coordinator for Collier County, concludes that the proposed 200 motor coach homes are vested for transportation concun'ency that supports the limited nature oftms traffic analysis. li~i~~~ COlliER COUNlY t \OJ lr V 95 FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 'J- 8.t~ ~~ 2800 N. Horseshoe Drive' Naples, Florida 34104 . (239) 403-2369' flU: (239) 403.2405 et May 16,2006 Mr. Robert L Duane, A.I.C.P. Hole Montcs 950 Encore Way Naples, FL 34110 R EcEIV EO MAR .\ 2 2007 RE: Greystone Mobile Hom<:IRV Park and Retajl Store Folio #49530080001 and #49584240004 Dear Mr. Duane: We are in receipt of your letter dated May 2, 2006. Thank you for sending the backup docwnentation. We have confirmed that Greystone Mobile Hom<:IRV Park, folio #49530080001, was built in 1971 and consists of293 mobile hom<:IRV lots. The Park is considered vested for impact fees for the 293 lots. In addition, folio #49584240004 is vested for a 2,400 square foot retail store that was built in 1969. The proposed reduction from 293 mobile homeIRV lots and a retail store to 200 motor coach lots is a decrease in intensity; therefore, no additional impact fees will be assessed. Please attach a copy of this letter to the Certificate of Adequate Public Facilities Application when submitted with the Plat. Don Scott, Transportation Director, has also reviewed the documentation and agrees that that the proposed 200 motor coach lots are vested for transportation concurrency_ Please contact me at 212-2924 if you have any questions or if you need any additional information. s7JLo~ Paula D. Fleishman bupact Fee Coordinator 0,: Don Scott, Transportation Director Amy Patterson, Impact Fee Manager . L~ . .f._" .:If " ..., ... :. Agenda Item No. 88 December 11, 2007 Page 115 of 195 '_.,-~~",,~ TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue. Suite B. Naplcs, Florida 34104-3732 . (239) 643-0166. Fax (239) 643-6632 June 26, 2007 Kay Deselem Collicr County Development Services 2800 North Horse,hoe Dri ve Naples, Florida 34104 Dear Mrs. Deselem. We have received a copy of a (eHer written by staff at the Rookery Bay National Estuarine Research Reserve (RBNERR) lUld would like to make the following comments regarding this letter. Rookery Bay has asselted that the proposed development wil1 sustain anthropogenic disturbance in the area, and boating activities associated with this project may impact aquatic resources. Their conCerns seem to be related to the potential ,econdary and cumulative impacts to adjacent estuarine ecosystem within RBNERR that might occur as a result of the projcct. While we can not argue that the project is an anthropogenic disturbance. it is occurring in IUl area thut wa,' previously disturbed. This project is not a new disturbance in what was previously pristine environment but is insl'ead a re-development of an old and outdated system. The proposed project is improving the upland storrnwater management plan. reducing the density of units on the property, and reducing tbe numher of boats that could potentially use the site. All of t~ese actions only serve to improve the site in lerms of water quality and potential secondary impacts. The Rookery Bay letter outlined several concerns which we will tlY to respond to in the same order as rhey were put forth. 1. Drv Storlll1.e Facilitv The RBNERR Ictter stuted that "there is no guarantec that a ncw dlY storage faeility will not increase the number of boats accessing RBNERR from the project site as well as alter the type of boats that use the area." We are not sure what type of guurantee Rookery Bay stillf wants to sec. The application clearly stated thai no more than 40 vessels would be hOllsed in the st.orage area and an additiDl1al 26 wet slips could be permitted along the creek. This number has been further reduced since the original application and noW consists of only 36 vessels in storage and an additional 26 possible On the creek, The 62 vessels currently proposed is definitely less vessels than the more than 300 vessels that were able. to llccess the water flUm the site before. This is a definite commitment thai has been made through (he application and can be ellJorced through the developmellt order. AdditionaJly, the Collier County Manatce Protcction Plan allows for expansion of boa! ramps at moderalely ranked facilities so tbe owner could potentially expand the historic use if the existing proposal is denied. By limiting Ihe number of vessels allowed at the site to those de,cribed above. this is in fact a guarantee that the proposal will not increase the number of boats accessing the Reserve. No dredging or other in-water improvements are proposed so the type lind/or sil.e of vessels at the propeliy wi1I also not be changed. Any ramp improvements or docks associated with this property will require an Environmental Resource Permit (ERP), and that process will be duly provided to the County for rcview if or when th.ose Agenda Item No. 88 December 11, 2007 Page 116 of 195 Page2of3 Nnplel> Motor Conch DBP ReSpOfISl' improvements are proposed. It is the intent of the owner to allow each lot owner on the river to do their own permitting for the docks if they so de,ire, RBNERR will have the opportunity to comment on each of those as they are applied for and proces,ed by DB?, The storage area is Hn upland facility and will be utilizing an existing launchi'ng area; therefore there is no nexus for DEP Submerged Lands and Environmental Resource Program to become involved, since the project falls into the no-notice general permit category as described in Chapter 4010-400,3 j 5 FAC. 2. Water Quality The RBNERR letter outlined concerns that the proposed project lllay have impact' Oll water quality both during construction and once constructed, TIleir concern was highlightcd by the fact that they state the project is within the Outstanding Florida Waters (OFW, Chapter 62-302,700, Florida Administration Code) of the RBNERR and RookeJ'y Bay Aquatic Preserve, Their recommendation was thut the water manugement system.should he designed to meet SFWMD Outstanding Florida Waters design criteria, The project has a designed surface water management system that is an improvement over the historical slorrnwater system. The proposed improvements will meet the SFWMD Outstanding Florida Waters design criteria as requested in the Rookery Bay letter, In addition, the project will be utilizing several BMPs on site to minimize the potential for water quality degradation, These inelllCle stakcd turbidity bUITier~ to prevent erosion and/or debris from running off the site into the adjaccnt waters. Grassed swales and on-site detention wi II improve ew-site water quality treatment over historic conditions, And ft retaining wan along the western edge or the project (landward of the MHW line) win substantially separate the proposed development from the ercek Hnd minimize thc potential of WHshollts or other shoreline dismrbanees. 3. Listed Species P,'oteetion The RBNERR letter states that "the presence of boats in the area will degrade manatee habitat as well us increase the probability of manatee deaths resulting rrom boat (:ollision," As mentioned earlier in their letter as well as ill t.his response, bouts are already prescnt In this system and have been present for ut least the past 35 tn 40 years, This project is reducing the number of vessels that can access the area from this site and as such should result in an improvement to manatees, especially since the Iype and size of vessels is remaining unchangcd, We agree that improved boater educat.ion is needed and can be enhanced through programs developed to incrcase public awareness of the damage that boats can innict on manat.ees and their habitat, To those ends. all patrons utilizing the storage facility as well as all shoreline pmperty owne", will be presented with an educutional package of muterials related to t.Itt)Se issues, Recognition and undcrstunding of these mater; als will he rcquired before use of the facility or dock will be allowed. 4. Secondary and Cumulative Impacts Ag stated under #3 above, boater education and awareness can be cnhanced through programs developed to increase public awareness of the damuge that boats ean inflict on manatees and their habitats, including shallow watel' communities, The information package presented to owners at the project site will include documentation such as speed zone maps and information on seagrasses and mangroves in the area. Agenda Item No. 88 December 11, 2007 Page 117 of 195 Page ~ of3 Naples Motor Coach DEP Response We discussed tills project blieny with Rookery Bay staff at a January 30, 2007 meeting. At that rime, it seemed that the staff agreed that the change on the site from a general use boat ramp to a restricted number 1L~ proposed would be a benefit to the arca in that fewer vessels would potentially be utilizing the shallow waters into and Dut of the project area, In addition, the histDric use of the project site had moslly fuH-time residents and year-round utilization. The proposed project will instcad attract palllimc resjdenl~ in their motor coaches and will nol have a year-round compohent. With less units, less allowed vessels, and less presence at the propeny, it should be clear that there will be much more control over the activities that occur at the project site. With the lower use and increased control, the potential for water qualit), violations, listed species interactions, or other potential secondary impacts will be greatly I'eduecd. We hope that this letter responds to the Concerns raised by the RBNERR and we wonld welcome the opportunity to discuss this furthcr should they have any remaining questions 01' comments. Sincerely, if'#---- Timothy Hall Senior B iologisl Cc: Keilh l.oakkonen - RBNERR Murk Miller, I'DEP SLERI' Skip Borgmann, lISACOE lid Cronyn, SFWMD . ~~(?~I'Llf~ . Florida Departmelof De'i>"a~~~~~1e ~~~f~~e~~~::a~~~~~~?rv~O py Jt~~~~~:r 300 Tower Road Michael W. Sole Naples, Florida 34113 Secretary (239) 417.6310, Fax (239) 417-6315 :'\ S' r;:- r,:'i.----~ D 5 ~ ~ 0 ~J Gftf';,\' ~- 5~ l~ r May 30, 2007 Kay Deselem Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: PUDZ-2006-AR-I0648 - Naples Motorcoach Resort POD Staff have reviewed the above referenced application. Outlined below are comments that Rookery Bay National Estuarine Research Reserve (RBNERR) has concerning this project, locatec[ adjacent to the Reserve. We believe that the proposed development may negatively impact the primary goals of RBNERR. RBNEttR is one of the few remaining pristine mangrove estuaries in North America. Over the past three decades, on behalf of taxpayers across the State, the Department of Environmental Protection has spent over 57 million dollars to purchase lands within RBNERR to protect and conserve coastal wetlands for future generations to enjoy. The proposed development will sustain anthropogenic disturbance in the area, and boating activities aEsociated with this project may impact aquatic resources, and we have concerns about secondary and cumulative impacts to adjacent estuarine ecosystem within RBNERR. In order to protect the long-term ecosystem integrity of RBNERR we believe first consideration . in determining permitted potential impacts to aquatic resources should be avoidance and minimization. The applicant has not provided sufficient informa tion that the design of the proposed my storage facility has taken steps to use avoidance and minimization to lessen permanent impacts on aquatic resources nor provided any compensatory mitigation plan. 1. Dry Storage Facility The proposed development is located adjacent to Rookery Bay Aquatic Preserve/RBNERR, and we believe that the dry storage aspect of the project should be reviewed by Florida Department of Environmental Protection Submerged Lands and Environmental Resources Program. Despite the assertion by the applicants a!';ent within submittal documents, there is no guarantee that a new dry storage facility will not increase the number of boats accessing RBNERR from the . project site as well as alter the type of boats that use the area. Any new boat ramp or docks associated with this propertywouid require an Environmental Resource Permit (ERP), and the proposed new dry storage facility should also be subject to the ERP review process. "Protect, ,Conserve and Manage Florida IS EnviJ'onment and Natural Resources" riA/ore Protection, Less Process" 'rvww.dep.statejl. us 2. Water Quality Agenda Item No. 88 December 11, 2007 Page 119 of 195 The proposed project may have impacts on water quality both during construction and once constructed. Since this project area is within the Outstanding Florida Waters (OFW, Chapter 62- 302.700, Florida Administration Code) of the RBNERR and Rookery Bay Aquatic Preserve, maintaining high water quality is of utmost importance, OFW designation requires that water quality not be degraded beyond ambient conditions at the time of designation. The proposed project has not provided reasonable assurance of compliance with water quality criteria relating to protecting existing ambient water quality. It is recommended that the water management system should be designed to meet SFWMD Outstanding Florida Waters design critteria. Regulatory staff should also ensure the use of Best Management Practices to minimize any impacts on water quality during pl'Oposed project (e.g, properly secured turbidity sCl'eens around the entire project area, no spilling of gas or oil). In addition, there should be no maintenance 01' fish cleaning allowed at the subject properly, as well as no grease! oil! gas runoff from the moored boat(s). All activities within the proposed project should be consistent with the "Clean Boating Habits" as outlined in the "Oean Marina" brochure. 3. Listed Species Protection The significance of the aiumal life in RBNERR area was an important factor in the designation as an Aquatic Preserve. Management objectives for the fauna within the RBNERR is focused on their protection, through preservation or restoration of natural habitats within the area. Manatees are known to frequent Henderson Creek, and potential impacts to manatees from activities associated with this permit should be addressed. The principal threat to manatees is boat traffic in essential travel corridors and feeding areas, resting areas, warm-water refuges, and freshwater sources, Manatees use Henderson Creek area year-round as a feeding and resting area. The presence of boats in the area will degrade manatee habitat as well as increase the probability of manatee deaths resulting from boat collision, Improved boater education is also needed and can be enhanced through programs developed to increase public awareness ofthe damage that boats can inflict on manatees, including additional signage regarding the protection of manatees and related speed zones. 4. Secondary and Cumulative Impacts The open waters and channels of the RBNRRR area are shallow, averaging less than 3 feet in depth. Improved boater education is also needed and can be enhanced through programs developed to increase public awareness of the damage that boats can inflict on shallow water communities, including additional signage regarding the protection of scagrass beds and tidal flats. 5. Please re-initiate the consultation process with RBNERR if modilication to project arises. This staff assessment is preliminill'Y and is designed to assist in the review of the application prior to final agency action. The comments provided herein are not the final position of the Department and may be subject to revision pursuilllt to additional information and further review. Printed on recycled paper. , - Agenda Item No. 88 December 11, 2007 . .'. Page 120 of 195 If I can be of further assistance, please do not hesitate to contact me. Thank you for the dpportuluty to comment. grxo. RBNERR Resource Management Coordinator cc: Robert Duane, Hole Montes, Inc. Mark Miller, FDEP SLERP Skip Bergmann, USACOE Ed Cronyn, SFWMD Skip Bergmann, US Army Corps of Engineers (SAJ 2000-1092) Steven Lenberger, Collier County Environmental SerVices Tad Bartareau, RBNERR Envimnmental Specialist Printed on recycled paper. . Agenda Item No. 88 December 11, 2007 Page 121 of 195 MANA TEE PROTECTION PLAN SUMMARY FOR NAPLES MOTOR COACH RESORT Prepared for . Mr. Randall Henderson Updated JULY 20, 2007 PREPARKD BY: ..~ ""'.<.. [;,',:...". TlJRRKLL & ASSOCIATES, INc. 3584 EXCHANGE AVENUE, SUITE B NAPLKS, FLORIDA 34104 TELEPHONE: (239) 643-0166 FAX: (239) 643-6632 RECEIVED SEP 1 4 2007 PlANNING S~RVlCES DEPARTMENT Agenda Item No. 88 December 11, 2007 Page 122 of 195 Naples Motor Coach Resort Mallatee Proteclioll Plall Review Revised July 20, 2007 I. INTRODUCTION This summary analysis was prepared to provide information to Collier County reviewers in relation to the proposed construction of a boat storage area on Henderson Creek immediately south of U,S. 41. The storage area would be a part of the proposed redevelopment of the existing mobile home park to an upscale motor coach resort. Specifically, we have examined the shoreline and benthic habitats along that stretch of the creek, we have looked at the known boat related manatee mortality information, and we have looked at the waterway leading from the building out to the Gulf of Mexico. The results to date of our findings are described in the following report The project is located in Section 3, Township 51 South, Range 26 East, Collier County. It lies in the southeast quadrant of the U,S 41 Bridge over Hcnderson Creek, about 1 mile east of the U.S 41 and CR 951 intersection. The property is approximately 22 acres of which all of it was developed mobile home sites but all of the mobile homes have been removed and the entire site has been cleared and is currently under construction (earthmoving and sorting). The property has just over 1000 feet of shoreline, which is sodded. Several red mangroves mixed in with Brazilian pepper were scattered along the shoreline and fourteen (14) small docks had been present behind trailers. A staging dock associated with the existing community boat ramp was also present. This ramp was located adjacent to the boat ramp near the centcr of the project and was available for use to the cntire community (approximately 290 residences). It appears that in the course of the site clearing activities; the docks and shoreline vegetation have been recently removed. Shoreline vegetation removed includes the Brazilian pepper, citrus trees, bougainvillea, ficus trees, and assorted other landscape plants. A couple of mangroves (one red and one white) were damaged during the dock and Brazilian pepper removal but the rest of the shoreline mangroves were undisturbed. The ramp is still in place. II. PROJECT DESCRIPTION The proposed project is a conversion of an existing mobile home park into a motor coach I recreational vehicle park. As stated above, there were fourteen (14) residential docks behind mobile homes as well as a community boat ramp with an associated staging dock. The below descriptions are limited to the pl'Oposed boat utilization associated with the project. Private Docks Under the proposal, the owners of the lots along the creek will have the option of pennitting small docks for their private use. In addition, a staging dock for the ramp will also be constructed. A total of 26 private docks and one community dock (27 total docks) would result. Agenda Item No. 88 December 11, 2007 Page 123 of 195 Nllples Motor Coach Resort Malla/ee Pro/ectioll Plall Review Revised July 20, 2007 Boat Ramn Also proposed, as part of this plan, is a conversion of the existing boat ramp. The applicant is proposing to construct a boat storage area on the propelty that will house up to 36 vessels and provide storage space for an additional 10 boat trailers. The existing ramp may be modified to accommodate the pl'Oposed lift that will be used to transport the vessels from the storage building to the water. Only the vessels kept in the storage area and the 26 private vessels aiong the creek wili be aUowed the use of the ramp. This will result in a substantial decrease fi'om the past conditions of over 290 potential users of the ramp. Shoreline The applicant is considering instaUation of a retaining wall along the shoreline of the propelty. According to the description provided, this wall will be located landward of the Mean High Water line, will not impact any mangroves, and will not involve dredge or fiU of wetlands. As such, it will serve to minimize the potential for siltation or erosion from the deveiopment into the creek and will help to maintain the shoreline integrity. Since no wetlands 01' mangroves will be impacted, this retaining wall will have no impact on the shoreline aspect of the Manatee Protection Plan review. III. MANATEE PLAN PARAMETERS Water Depths A certified survey of the shoreline depths has not been conducted but during the benthic survey it was clear that there are areas where water depths are less than fom- feet deep. It is also lmown that there are shaUows / shoals between the project and the Gulf of Mexico that have less than foul' feet of water at low tides. Sboreline Resources In order to assess shoreline resources, an assessment dive was conducted. The basic objective of the dive was to investigate the area for benthic habitats that couid potentially be impacted by the proposed project. We looked at water depths; water clarity, and for the presence of seagrasses, marine algae, or oysters. This survey was updated on May 9, 2007 to verifY the continued existence of the resources previously observed. The survey consisted of an observer on the boat and a diver in the water. Shallow water depths (<8 feet) allowed us to snorkel to transects. We dove both parallel and perpendicular to the shoreline while investigating the bottom. The dive turned up a patch of scattered seagrasses along the shoreline, One small patch of Widgeon Grass (Ruppia maritima) was observed along one area of the shoreline from the water's edge to about 3 to 5 feet out from the shore. Most likely, this is as deep as it can grow in this area and still get enough light. During the first survey, there was a lot of water coming over the weir on the north side of U.S. 41 and between the fOffin from the churned water, and the suspended sediments in the water, light penetration (approx 3') as 2 Agenda Item No. 88 December 11, 2007 Page 124 of 195 Naples Motor Coach Resort Manatee Protection Plml Review Revised July 20, 2007 well as visibility (approx. 18") was limited, The grass density was sparse and varied between 2 and 15 percent. The majority of the shoreline had no grasses and no other quality benthic resow'ces were observed, There were no grasses observed around the existing boat ramp. Dw'ing the most recent survey, no water was coming over the weir but visibility was still very limited, The proposed site plan indicates that there are 3 lots whose docks could potentially affect the seagrasses. The extent of the seagrasses observed during the dives was approximately 140 feet along the shoreline extending about 3 to 5 feet out f!'Om the shore. We believe that the access walkways for the docks would impact no more than 9 square feet but this will have to be re-assessed, as pa.t of the permitting that will occur immediately prior to any construction. An exhibit depicting the shoreline dive transects and the area where seagrasses were observed is included for review. Manatee Mortalitv The Florida Fish and Wildlife Conservation Commission (FFWCC) database indicates that there have been 130 manatee deaths in Collier County between April 1974 and December 2006, whieh are directly attributable to boat impacts. Of these, fifteen ofthcm (<12%) have occurred within five miles of the projeet site. Since Jess than 20% of the boat related deaths within the county have occurred within 5 miles of the project site, this site would not be considered to be within a high manatee use area. An exhibit dcpicting the loeation of the boat related manatee deaths is included for review. IV. RESULTS AND DISCUSSION The existing ramp is essentially a "use-as-you-will" ramp with little to no supervision or boater education. As part of the renovation, a propel' management plan should be creatcd to maintain the marina in up-to-date condition and with most current BMPs in place. In addition to the management plan, an education program should be developed (preferably in conjunction with Rookery Bay NERR staff) with infonnation on manatees, seagrasses, and the local waterways for patrons of the building. This would add a level ofpl'Otection to local reSOUrces by informing the boaters of easily dcfined do's and don'ts in our loeal waters. Due to the width of the waterway and the water depths associated with the project, dock lengths should be limited to 20 feet. Either perpendicular or parallel mooring is possible at the site except for those three lots where seagrasses are present. At those lots, only parallel mooring should be permitted outside of the seagrass footprint. When the homeowners apply for their dock permits, a benthic survey should be conducted to 3 Agenda Item No. 88 December 11, 2007 Page 125 of 195 Naples Motor Coach Resort Manatee Protection Plan Review Revised July 20, 2007 determine if the seagrass coverage has expanded. If the proposed dock will affect seagrasses, then parallel mooring should be proposed outside of the seagrass footprint. According to the analysis, this pl'Operty should be classified with a moderate ranking under the Collier County Manatee Pl'Otection Plan, The intended use should not impact 5% of the existing shoreline or benthic resources and it is in a low manatee use area, but the depths out to the Gulf are less than 4 feet in some places. With a moderate ranking, the property would be allowed 10 slips per 100 feet of shoreline or approximately 110 slips. The moderate ranking also allows for the expansion of existing boat ramps or dry storage building but prohibits the construction of new ramps or dry storage building. The Manatee Protection Plan does not address the conversion of a boat ramp to a storage building but the applicant's opinion is that such a conversion should be consistent with the intent of the Manatee Protection Plan as long as the intensity of use is not expanded, In this case, the use would decrease from over 100 vessels using the ramp to a maximum of 73 vessels including the single-family docks and the proposed storage area, However, this is not specifically addressed in the Plan and will be up to staff and legal interpretations. The proposed project would allow a maximum of 26 private wet slips, a staging dock for the ramp, storage for 10 boat trailers, and 36 vessels. This is substantially under the current potential use by all 293 residents and also substantially lower that the 110 wet slips that could be allowed under the Manatee Protection Plan, 4 Agenda Item NO.O~~ December 11 ,2 5 Page 126 of 19 w ~ ! ~ :.&~,i~~~ ,,-jt,; A>1~~ ,-)' ~ ~ i n . . 'P~d f~~lh~ . LU .J D1 o :2: f- => ~ ~ tr :5 <! :.::: a.. () o W Q Z ~ o ~ I- <C en rn ~ tr o >- g.J~~ g .....]~:s h ~](l ~~ S~'g I'" .. g '" to:g h <~ ~~ ~8 ~o'<l ~~ h ~j J~ i 51 E-t ;:I; ~i . ~.I h ~ ~I~~ t s~~ 1 z~ w ~ g HP~ i I I ~ S ,A.. 3:..~5f~,~()I. ~ ...';1),. y N s il; i i?-; ,/ ~ Agenda Item No. 88 December 11, 2007 Page 127 of 195 COpy MenlO GI'eyS[Que Naples Motorcoach Resort AR- 10648 June 7,2007 RB: Trash Location Kay Deselem sent an e-mail on June 4,2007 concerning access to trash containers. We have looked at the trash & recycle enclosures and the location appears to meet the intent of LDC 5.03.04.B. We have prepared 2 exhibits, one for the trash and one fOl- the recycle, to show this to' x60' access arca. The recycle enclosure was rotated a little in order to have the required to'x60' acc("-ss arca in front of the enclosure and the radius of the entry was changed from 30' to 50'. Note the distance from the enclosure to the r'ight-of-way line is aboltt 70 feet. Note thc distatlCe from the enclosure to the edge pavcment of [-IctlderSOll Drive is l09', The (rash truck does not back onto Henderson Drive, the truck does a 3-poirrt tum around within the boat storage facility plioI' to exiting the site. The entry gate off of Hetlderson Drive will remain opetluntil the truck leaves the project. H:\2005\144Iwp\jcultrash truck access 6.06-07 " j IGVI HOLE MONTES ~.I'\Ntll3lS.~ """""""""""" 950 Encore Way Naples. FL 34110 Phone: (239) 254-2000 Flortda Cortil1cate of Authorization NO.1 m NAPLES MOTORCOACH RESORT DUMPSTER ACCESS CHECKeO BY : f1AO.J::CT No.. J.C.H. 2005.1+4 OOAIm 0'( : CAD fILE HAW:: D....S./.lot 'tRASH OA. It: : (XHIOH - ITEM 607 1OF2 Aaenda Item No. 88 I ecemoer 11 , :< I , /' I P8N129 of 195 ~ ~ I 'I ~ ~ , ~ I ::I ~ f I ~ 0::: , I 30 I 0 15 , , I SCALE FEET W: SCALE: ," = 30' ,>, - 0:1 a: 'zl 0: UJI 10:' Wi 0, ,ZI WI J:, j ::I ~ I ~ 0::: 1 , I I I MIVI HOLE MONTES EKlHIftt.f'Wt<<RS.SUlWIllRS """""'''''''''''''''' 950 Encore Way Naples, FL. 34110 Phone: (239) 254-2000 Florida Certltica~~ of Authortzallon No.1n2 NAPLES MOTOR COACH RESORT DUMPSTER ACCESS CHECKED BY : ~C.N. ORAIM-I OY : D.Il.a/tlLa! o....n: : 6 07 PllQ.,(CT No. 2005.1...... C,oJ) flLf NAl.lE: RECYCLE D:H18IT - ITfM 2-OF 2 Agenda Item No. 88 December 11, 2007 Page 130 of 195 Excerpts from the Conceptual Water Management Report Agenda Item No. 8B December 11, 2007 PUDZ-2006-AR-lOr4~ge 131 of 195 PROJECT #2006060057 DATE: 10/13/06 KAy DESELEM NAPLES MOTORCOACH RESORT (GREYS TONE) 23.20 Acres Water Management Report for Rezone purposes By: Hole Montes 950 Encore Way Naples, FL 34110 : --:;;:>-= -/8 - /" i!-= c; Jerry Neal, P.E. 26646 HM Authorization # 1772 Tel: (239) 254 - 2000 September, 2006 Agenda Item No. 88 December 11, 2007 Page 132 of 195 Naples Motorcoach Resort RPUD (Greystone) Narrative Location The subject 23.20 acre tract is located on the south side of Tamiami Trail East (U8-41) and east of CR-95 1 in Collier County. This site has 1,070 linear feet of shoreline on the creek. Proposed The proposed plan is for a motorcoach resort with 200 lots, club house, pools and associated parking lots, tennis courts, bath houses and dry boat dock storage facility with existing and planned boat docks. This site is on tidal waters and the storm water management plan is based on the watershed of 22.09 acres (less the canal) that will be draining to the lake. The stonn water lUnoff will be directed to the lake for water quality, then, thru two structures; (a) WSC-l with a 3-inch bleed down orifice, and (b) WCS-2 is an overflow weir for water level exceeding the water quality elevation. The water quality calculations provides for 150% of that required by 1" or 2.5" impervious. The overall site percentage of impervious is 53 % and pervious is 47%. SITE LAND USE The overall site land use is as fol]ows: ltems Acres % Building Miscellaneous 0.28 1.2% Concrete Pad (motor coaches) 5.19 22.4% Paved Road! Parking 3.90 16.8% Sidewalk area 0.08 0.3% Pool Desk 0.26 1.1% TelIDis Courts 0.30 1.3% Lake 1.59 6.9% Canal Easement (includes Y, canal) 1.11 4.8% Gra..ss! Open space 10.49 45.2% Total Site 23.20 100% % Pervious= 11 ac= 47% % Impervious= 12.2 ac = 53% H, \2005\2005 J 44\ WPISCI\05.144STORMREPORT9-06.doc Agenda Item No. 88 December 11, 2007 -~ 5 " -J. " ~?- --- .. D~!" - . ,,)"".0'.. .~ . """ -,'" "".-.....'....."::;.-.----.\ Gulf of Mexico N.T.S. HM HOLE MONTES IJIMlJIS lWIDS nlrnx<s 950 [neOfe Way NClpJes, H. 34110 Phone: (239) 254-2000 Flo~rkl3 Certfficale 01 kllhOJizajion No.177'2 NAPLES MOTORCOACH RESORT (Greystone) VICINITY MAP CHEO(LO BY l l"ROXCT NQ, J.C.N 2005,144 ORA'ffl'.! BY : CAD mE tJAI.IE, $,C.I E:XH./Vi{;if!lty CAlf; I:XlillJll - ITE),/ 6/30/05 Vidl!lily [Dt--U1 0000) o~ ON....... z: - 0 E~~ "'~~ ::::1laJ <O~Ol "0 t: '" c;Q)n. ",U o->Q) .,,:0 ..... . ,......,...,...,................ ... - -- ,...,.,~ 1:111 ! ~I i I , ,i:: II '19~:;:-' !; IJ;' II ~ ~~ ,l~l" I' I d l~ i 'I!' 1 ililll III! I :11 i I ~~ ... - -. i I II i I I 1,11 lid 111-' ,; \1-1-1 I ,-- '1lil I )):1111 "I" ~'"'"~ 'i I , II ,', I II! I' I ! I I I I I I " I I" ," I , I! , ~NI1 "~l...... I! I [ I !; ! .... -. .......~I-i .~ I "......,;-"., , I pii I i i;1 i j;! I rll, I~JHI " '1'j ~J,_ ~ ! II i i j!: i , ' 'I II J I! 3 I! ~'''''''-''i 1 l , : i t ! I '1 II i! II I' I I~I I i! i i N ~ rIB II ': . ~ v I'q.~ iI :!. B g ~ II ~ f .... 1'1 pi '1'1 ,j. ,,' i Z .. "" Q. " Z W " ill .. .. :1 " " Iii :c " >< ~ w .. :< d ::i 0: <3 ,.~'~ h~, ~h~1 ;l: ~iL , " I!I . ~ ~ --<:(z) :I:~ , I, S l' llill' ,>' ~ I t ~ ~' I.n! .,. , <3 ~ <:" -", "'0 Wen "'" ""w "'~ ~"' " ZI "~~ . LLU 0" ",0 '~" ~ ,,() "'"' " 00 II "," wO "''' "' en ill o~ I 0,,- . g~ ~ , ::> . ! 0 , ! . ! ~ ~ r i i ~ I h . ! . r . , ~ ~ II I I ~ I t I " ! B ! :J: D j >> 0 0 ~ . -0 i ~ q ! , Agenda Item No. 88 December 11, 2007 Page 135 of 195 WATERSHED LAND USE The canal easement will no be part of the onsite watershed which is sUllli11arized below: Items Acres % Building: Misccllaneous 0.28 1.2% Concrete Pad (motor coaches) 5.19 22.4% Paved Road! Parking 3.90 16.8% Sidewalk area 0.08 0.3% Pool Desk 0.26 1.1% Tennis Courts 0.30 1.3% Lake 1.59 6.9% Grassl Open space 10.49 45.2% Total Site 22.09 95% Percent of site pervious = 10.49 ac! 22.09 ac = 48 % Percent of site impervious = 11.60 acl 22.09 ac = 52 % The overall site percentage of impervious is 52 % and pervious is 48%. DEWATERING: The installation of utilities will be dug by dewatering and a separate application will be submitted for this procedure, Soil Stora!!e Soil Stora!!e (Lake Side Slopes 0.46 ae) 3.85 = average grade = (2.2 +5.5)/2 2.20 = control elevation 1.65 = storage depth From Chart on page E- 3 Figure E-l 1.2 = inches cumulated available storage (1,65 depth to WSWT) 0.025 inches of soil storage [(0.46 ac pervious I 22.09 ac total) x 1.2 inches] CN = 1000 I (0.025+ 10) = 99.75 Soil Stora!!e (North and South Outer slope perimeter berms 0.47 ac) 6.00 = average grade (5.2 + 6.8)/2 2.20 = control elevation 3.80 = storage depth 11: \2005\2005144\WP\<)Ci\05.144STORMREPORT9-06.doc From Chmt on page E.3 Figure E.I 7.25 = inches cwnulated available storage (3,80 depth to WSWT) 0.154 = inches of soil storage [(0.47 ac pervious / 22.09 ac total) x 7.25 inches] CN = 1000/ (0.154 + 10) = 98.48 Soil Storage (East Outer slope perimeter berm 0.20 ac) 6.30 = average grade (5.1 + 7.5)/2 2,20 = control elevation 4,10= storage depth From Chart on page E.3 Figure E-l 8.4 = inches cumulated available storage (4.10 depth to WSWT) 0.076 = inches of soil storage [(0.20 3C pervious / 22.09 ac total) x 8.4 inches] CN = 1000/ (0,076 + 10) = 99,24 Soil Storage !'Vest Outer slope perimeter berms 0.24 ac) 4.50 = average grade (3.0 + 6,0)/2 2.20 = control elevation 2.30 = storage depth From Chart on page E-3 Figure E-I 2.5 = inches cumulated available storage (2.30 depth to WSWT) 0,027 = inches of soil storage [(0,24 ac pervious J 22,09 ac total) x 2.5 inches] CN = 1000 f (0.027 + 10) = 99.72 Soil Storage (vards 9.12ac) 5.9 = average grade = (5,5 +6.3)/2 2.2 = control elevation 3.7 = storage depth From Chart on page E-3 Figure E.l 7.25 = inches cumulated available storage (3,7 depth to WSWT) 2.99 = inches of soil storage [(9.12 ac pervions / 22.09 ac total) x 7.25 inches] CN = 1000/ (2.99 + 10) = 76.96 H: \2005\2005144\ WPISCJ\05, 144STORMREPORT9-06.cklc Agenda Item No. 88 December 11, 2007 Page 136 of 195 Agenda Item No. 88 December 11, 2007 Page 137 of 195 Summary Soil Storaee Location Area acres Soil Storage inches Lake side slope N-S Outer side perimeter berm West Outer side perimeter berm N-S Outer side perimeter bem1 Yard Total Pervious 0.46 0.47 0.24 0.20 9.12 10.49 0.03 0.15 0.08 0.D3 2.99 3.27 Staee Storage Volumes Control Elevation = 2.2 ELEVATION . LAKE SITE TOTAL 2.2 0.00 0.00 0.00 3 1.29 0.00 1.29 4 2.98 0.00 2.98 5 4.77 0.00 4.77 5.5 5.71 0.00 5.71 6 6.67 0.98 7.64 - 7 8.66 5.17 13.83 Water Quality Calculations 1. First one inch treatment for the site 22.09 acres Site area (22.09 acres) x 1 it /12 inches = 1.84 AF 2. (2.5 Inches) x % Impervious (Assumed) Water Quality Area = Development site area ~ (water surface + roof) = 22.09 acres ~ (1.59 ac + 0.28 ac) = 20.22 acres for water quality pervious/impervious Impervious Area = 20.22 ac - pervious = 20.22 ac-l0.49 ac = 9.73 ac impervious for water quality H: \2005\2005144\ WP\SCI\05.] 44STORMREPORT9.06.doc Agenda Item No. 88 December 11, 2007 Page 138 of 195 % Impervious = (9.73 ac I W.Q. P/I) * 100% = (9.73 acl 20.22 ac) * 100% =48.12% WQ Required = 2.5 inches x % Impervious = 2.5 inches * 0.4812 = 1.20 inches to be treated WQ Volume required = inches to be treated x (watershed -lake) x 1ft/12 inches = 1.20 inches x (22.09-1.59) x 1ft!12 inches = 2.05 ac-ft required detention storage The required volume of storage is = 2.05 AF x 150% = 3.075 AF Water quality elevation for entire system starts at control elevation 2.2 ft NGYD The water quality volume is met at elevation 4.15 ft NGVD (3_075 AF) WATER QUALITY 8 r:::""'NGVD! 7 6. 5 4 . ,; ~ 3 w 2 o. 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 LAKE VOLUME Dischal'!!e Allowable Unlimited discharge on tidal water = allowable discharge per pe1mit SFWMD BCB The mean high water = 1. 7 NGVD Control Structure WCS-I Bleeder = Weir = Pipe = Circular, Invert Elevation = 2.2 ft NGVD, Diameter = 0.25 ft. Broad Crested, Crest Elevation = 4.2 ft NGVD, Length = 4 ft. Diameter = 2 ft RCP, Manning's 11 = 0.012, Length = 240 ft. H: \20fl5\2005 J 44\WP\SC1\05. t 44STORMREPORT9-06.nor: Agenda Item No. 88 December 11, 2007 Page 139 of 195 WCS-2 Bleeder ~ Weir = Pipe~ None, Sharp Crested, Crest Elevation ~ 4.2 ft NGVD, Length = lOft. Diameter = 5 ft RCP, Manning's n = 0.012, Length = 275 ft. Time of Concentration: TC= roofto driveway + driveway to road + road to inlet + inlet to lake Individual sub-basins to storage area is about 10 minutes average Watershed TC = 3 min roof+ 5 min driveway& road + 1050 If@ 0 00.8 fps in pipe Watershed TC = 3 + 5 + 22 = 30 minutes ~ 0.50 bours Sumrnarv of Flood Routinf!:s (Cascade 2001) The peak discharge and stages for tbe 10- years (I day), 25- years (3 days) and 100 - years (3-days) rainfalls are as follows: Watershed: 22,09 acres Soil Storage: 3.27 inches Time of concentration: 0.50 h Initial Stage: 2,2 ft NGVD Allowable discharge: unlimited Storm Description Duration (days) Resulting System RetuDl Frequency Peak Stage ft Conditions Peak (years) (NGVD) Discharge (cfs) I 0 years I day 4.73 unlimited 25 years 3 days 5.39 unlimited I 00 years 3 days 8.30 0.00 Elevations: Minimum pavement elevations: Parking spaces Driveways Minimum finished floor elevation = 4.80 ft NGVD ~ 5.40 ft NGVD = 8.30 ft NGVD H: \2Q05\2oo5144\ WP\SCJ\05. 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"'-"--"-~ Agenda Item f1I1arm31 ofl December 11, 21107 Page 143 of 195 DeselemKay Sent: To: Jm: alleygatoralley1@aim.com Thursday, October 18, 2007 8:20 AM MurrayRobert; Iindyadel@cs.com; ReedCaronDonna; Schiffer8rad; Tuff Russell; Vigliotti Robert; norskitor@aol.com; pmidney@collier.org; Strain Mark; DeselemKay Subject: Oct. 18 meeting October 18, 2007 Dear Planning Commissioners, I am writing this letter in regards to one item on your agenda today. Petition # PUDZ-2006-AR- l0648. I have talked to some of you in the past, and in talking to some other county officials and many residents, I was told that Collier County did not want another RV Park. The site that these people want to put a Motorcoach Resort on used to be Greystone R V & Mobile Home Park. This was home to nearly 300 residents, most between the ages of 65 and 85, some of which only occupied their homes in the winter but they still considered that home and we all looked forward to seeing each other, as we were a family, not just neighbors. We took our case to court and obviously the big money won. We all became homeless. We got only a small percentage of what our homes were worth" Not nearly enough to start over. Many residents have suffered serious illnesses and several have passed a'l.ll'lY. Ve ask that the building of a Motorcoach resort not be allowed. Why is it that people feel they have to knuckle under to other people who have a lot of money? Our senior citizens have spent their lifetimes working and supporting our country and have made sacrifice after sacrifice and what do some of them get in return? EVICTED, Something is truly wrong with this picture. I hope that you still have the letters that were sent to you many months ago by the residents of Greystone. They are supposed to be part of these meetings. We are all watching to see how things turn out. Thank you for your time. Denise De Witt Phone # 765-215-4882 Ch",c!>, Qut th", nel1'. free AIMfR) Mal! n Unlimited storage and industry-leading spam and email VilUS protection. 10/18/2007 ... ,.. .. :".' .'] Agenda Item No. 88 .. .. '.....,._.,.............,...,._"...,....... fj>/13/2006 11130 AM F'Jl.OMI Fax ~~:..... ~...~?~...~~~.~~.5?.. .}.~~~.:...~.~}..:-~~:-.~.?~, ._._.'......,.:.D:ecember".11.~.2:007- ._" .d<dpage1446f195. .. . Fr<Jm: J6bn.andSandra Pribesh (Greystone Residents) .' To: KAY DESELEM . As a retired Suhmariner and as with most other Greystone residents, we have invested a healthy portion of our retiremet savings to buy into Gteystoneto becorn.e part of a close knit comm~ity. This Past year we offlciaHybecame Florida resi as we spend more time there thariinthe north. Greystone res typically' representw()l'king class. pwp]e who bave found . southwestFloridatobeagreatpIaectolive both yearroaud; seasonally. Many are in their 70's~80'sand 90's livmgon t1 incomes. We use our fmanciaHesourees to frequent retail 5t' restaurants, golf courses, howling alleys. u.tilities and ~very 0 tYl'eofblls.inessinNaplesand C()llierCounty, On a regular wereadinthe N'aplesnews and hear 011 TV that ColHetcoun a hard time retaining. teachers, poLiceri1~n, .fi~flghters~. etc.bel of the lack of affordable housing; We \,\, ant to keep this affor . .. bousingby pursuing the purchase of the property ourselves it operating it as a Cooperative housing site. Doing this.willpr. thedisplaceme11t oftheelderl)f anQbeapositive moveontl:lC of Colli.er coUnty to retain affordable housing thereby diinirth the claims that Collier county only wants therien. Tothiscn strongly obJecttoanyeffort to rezone this parcel of landfou other use thallwhat it is presently zoned for and request that: deny any applicalionforrezoning. . Thank Y6u John arid SandraPribesh . t'lctflfl T'~ml$1ml T..."llP .r .nf '10 . 'KtMf ~ ~ z..Jloo 'tI,~ M. ~, .J~ g,//CJ!f f).UVt-~. ~, ''!rut --tJ:tw e~;:;tJ.<- ~d- ~'~ r1- ;tAv .!)j ~ U-f "~ f1~. IY-t 1'~~~ 1~ 'f~ (p/}~or~ ~fl-~'"faa cJ7 ~~ k FcVUf ~ ~w ~~ ~ ,-t:L ~ ~ ~. 1r-1UAV J ~ 71(/ ~ ~ ~ t-~1v0 4t.~) J trnJ.l;[ c-J:f ~ ~ h-u 'ieu-t. ~ U)7t.A ~Ld- ~ ~dAJ.> ~~ ~~1~~!"~ ~ of ~ft__~)~~~i:uv~~ ~. 7}o-ur aft ~ M.R-4v~..L I ..- ~ /I.Uif "~d.a-J& ~'~ d7V ~~ ~~~~~4U0~~~U ;C;~~ 1 ~~~~. 1f'~ ~ ~ ~d-.v ~~ ;14-/--+ A-u~ r ~~-ru-- ~f>~? .:J;U-'t M;-zv,J:, ;1# ~ .;t/~ ~~ I f,l-UL4V ~ ")u;.:0 ~~ ~ ~~ M ~ ~. ~ ~~ ~~.'~ ~;;t/LU-V _ ~_~~'~;j~~~J Cvt&.W ~ . RECEiVED ~.> JUN 162006 ~ /- ~G DEPARTMENT Agenda Item No. 88 'P(}, ;&1t 2--2-2.- December 11, 2007 "];y, _ . Page 145 of 195 II~~ }7J.7j-. /r1if? ~ N, 2.0D6 Agenda Item No. 88 December 11, 2007 Page 146 of 195 From: Debby Yerke To: KAY KESELEM and COLLIER COUNTY COMMISSIONERS, In January 2005, my fiancee' and I moved to Naples to help care for my elderly parents. My parents reside in Greystone. My father has some major health problems and to better care for them we moved from Michigan, Upon moving here we found that there simply was no affordable housing in Naples. Jobs were easy to come by but no place to live. We managed to find a home in of all places Diamond Shores. As you are well aware, everyone was evicted from there. Upon leaving Diamond Shores we were able to buy a travel trailer in Greystone since my parents lived here, We purchased our home in January 2006. As you can see we have not lived here long. At the time of purchase the park management did not infonn us that there would be a possibility of the park being sold. We are not elderly, however we are living on a very fixed income with no where to go. We left everything behind us when we left Michigan to set up residency here in Naples. We have no where else to go. My parents stand to lose there home and we also may lose our home, Neither of us can afford to move our homes. Even if we could, my home is too old to be moved, as most parks would not except it. Don't get me wrong the inside is beautiful, but age is the problem. After living in Naples, I really don't want to leave, I love it here. I'm always saying, where can you go to see beautiful palm trees, the ocean and the wonderful ocean life. I can't imagine living anywhere else. Please, do not let them rezone our park for any other use then what it is zoned for, I strongly plead with you to deny any application for the rezoning. Thank You ~~ Debby Yerke 13300 Tamiami Trail E. Lot 212 Naples FL 34114 Agenda Ile~~ Js December 11, 2007 Page 147 of 195 June 13, 2006 Collier County Commissioners, And Zoning Board, I am writ:ing this letter to you because my parents have been notified that they and all the other nearly 300 residents have been evicted from Greystone Park. My parents have been in Greystone Park since 1993. They brag about how everyone treats them there. I have visited them a few times over the years and there truly is something special about the residents in Greystone. My father has had open-heart surgery twice and is currently in the hospital again with heart problems brought on by the stress of this situation. Any time either one of them has been 111 or hospitalized, I know that I don't have to worry about them because their Greystone Family will watch over them and take care of them. They all banded together to help all the people who had damage from Hurricane Wilma last year. It is really something to see. They fish together, have been the champions of Collier County Shuffleboard for something like 13 years. The put on Variety Shows, go bowling, play cards, have dances several times a year and have many other activities. My parents always go to the dances, and bowl on the league. This has been wonderful for them. The worst thing an elderly person can do is just sit around. This gives them something fun to do, and great people to do it with. There must be some way that the residents in Greystone Park can stop the rezoni.ng application to turn it into an RV Resort, so they can co-op their park and keep their homes. Please help them. I am sure that if this were your V\,( Agenda'de';;\ f.J58 December 11, 2007 Page 148 of 195 parents you would do everytb.ing possible to allow them to stay in their home. It is very scary for an older person to be faced with moving under good conditions. But when it is forced on them and they will all loose everytb.ing, it turns into somethin.g traumatic. Not bein.g able to sell your home and having it taken away from you is completely unfair. There have been other residents that have been put in the hospital with conditions to flairing up due to the stress. Our elderly people do not need to be stressed out like this. They deserve to live out the remainder of theii> years in peace. There are several veterans in Greystone and they fought hard, some of them in several wars for our rights and our country. Please show them that the country that they fought so hard for will fight for them too. I appreciate any help you can give. Thank you ~ c;l~ Denise DeWitt P~.~ Agenda Item No. 88 December 11, 2007 Page 149 of 195 June 17, 2006 Dear Commissioners and Zoning Board, My name is Naoma (Billie) Adams. I live in Greystone Park # 45. r went on vacation and arrived back in the park on June 1,2006 to be told and given a letter telling me I was being evicted on November 30,2006. I was told I could not sell my home, but could move it. It is a double wide mobil with an attached room, shed, and screen porch across the front of the house. I then was told I could not move my home because it is too old. Even if I could move it there are no parks willing to accept it. This notice gives me 6 months to move my home and all it holds. At this time we were not given the first right of refusal to make our park a co-op. My home and car (8 years old) are all I have. r am nearing 80 years of age. I have had a stroke and 3 stints put in the arteries of my heart. My husband passed away August 8,2005. I am still having a hard time with my loss. I don't know what I can do now. Can anyone help us? Sincerely, ;Jk. j!l1J2ML~ Mrs. Naoma Adams Resident of Greystone Agenda Item No. 88 December 11, 2007 Page 150 of 195 JUNE 17, 2006 COLLIER COUNTY COMMISSIONERS & ZONING BOARD, DEAR BOARD MEMBERS, WE HAVE BEEN TERRIBLY WRONGED. GREYSTONE PARK IS A WONDERFUL COMMUNITY IN IT SaF. EVERYONE IN HERE TAKES CARE OF EVERYONE aSE IF SOMEONE IS SICK, OTHERS CHIP IN AND COOK MEALS FOR ll1EM, OR CLEAN FOR THEM. WHEN SOMEONES SPOUSE DIES WE All.. TAKE TURNS VISITING THEM AND TAKING ll1EM MEALS. AFfER HURRICANE WILMA CAUSED ALL HER DISTRUCTION LAST YEAR., WE ALL CLEANED UP OUR PARK PEOPLE WERE CLEANING UP DEBRIS FOR. WEEKS. WE HAD PEOPLE THAT WERE GOING TO GET WATER AND FOOD FOR ALL OF US AND DISTRIBUTING IT ALL OVER THE PARK. HOW CAN IT BE iliA T WE CAN ALL BE THROWN A WAY LIKE SOME USED UP PIECE OF GARBAGE AND NO ONE CAN DO ANYTHING. EVEN AFfER WE HEARD RUMORS ABOUT THE PARK BEING SOLD EARLY THIS YEAR., THE OWNER HIMSELF TOLD EVERYONE TO GO AHEAD AND FIX UP THEIR PLACES BECAUSE THOSE WERE ONLY RUMORS....THA T THE PARK WOULD RFMAIN AS IT IS. WE ALL SPENT A LOT OF MONEY AND TIME REPAIRING OUR. HOMES AND CLEANING UP OUR. PARK. MANY PUT EVER YfHING THEY HAD SAYED INTO PUTTING OUR HOMES BACK TOGETHER.. NOW, HOW CAN THIS BE JUSTIFIED. WE HA YE OUR. HOMEOWNERS ASSOCIATION PRESIDENT WORKING ON THINGS FOR US. HER NAME IS DENISE DEWITT AND SHE CAN BE /'1./ Agenda Item No. 88 December 11, 2007 Page 151 of 195 REACHED AT 765-215-4882. PLEASE HELP US IN SOME WAY TO KEEP OUR HOMES. THANK YOU ~a/~ /j:c Agenda Item No. 8B December 11, 2007 Page 152 of 195 Dear Board Members and Commissioners, I am writing in regards to Greystone Park. We have lived here several years. Being evicted from our homes is very scary. Think about how you or your parents would feel if this were to happen to them. We have always been told by the owner himself that we would always have our park as long as he was alive. Well he is still alive and look what is happening. This is very affordable to the elderly. We have stores close by and we can get our medicines right here too. A lot of us don't like to drive much because of all the traffic and with stores being a mile from us we are not forced to be on the road as much. Weare wanting to co-op our park and keep it just as it is now. The owner would not be out anything. In fact it would save him the expenses of junking all of our homes. I do not think this is too much to ask. If this man who wants to buy our park wants to make an RV Resort, let him go get some land that is unoccupied and leave us alone. What ever happened to taking care of our country's elderly and help them to remain in their homes. We worked for many years to get to where we are now. And I do not think that we should be faced with these types of things at our age. Thank: you, h ' yJ ~ (4.e.'l<Ou-D-K:., . /C)~ /(AtL/iowdGt Greystone Mobil Home Park. Agenda Item No. 88 December 11, 2007 Page 153 of 195 From: Eugene and Dolores Rounds June 12,2006 To: Kay Keselem-Zoning board, and Collier County Commissioners, I'm sending this letter to address my concern over the recent request to rezone the Greystone Park, I'm asking that you please reconsider doing this as it would affect many of us that have lived there for years. About 10 years ago, we made the decision to move to Naples during the winter months. Being on a fixed income, we felt that Greystone was the perfect place to live out our remaining years. We may be considered snow birds by some but those in our park consider us to be family. People in our park truly care about each other. My husband this last year had several problems with his health. My daughter and her fiance' moved here to help care for him. When we are north I have a son that takes care of us and when in Florida we now have our daughter who can take care of us. This is very important to us, however, we always felt that those already in the park were there to look out for us also, If the park gets permission to rezone, we will be forced to abandon our homes. Most of us can not afford to do so. This could very well put a lot of people on the streets without homes. My daughter will have no where to go. She gave up a lot to move here. We have always found Naples to be the perfect place to live. Greystone has been our home and please let it continue to be. Sincerely, jJ / t::~ ~ n~~ Eugene and Dolores Rounds Agenda Item No. 88 December 11, 2007 Page 154 of 195 ~~c:(]~~ 330 1 ~a5b "0tutUomb "0taiJ., ~~34112 JAtf,n,.. %CJItlwj; ~o.tVtttandt ~ ~ 'iMte' 18,2006 "00' "WAww 'Oe,?'floAt ~ '0 Qi/1I~on-Ww1fof"Uf~andtt.lw;;v~wJw,~~UIt c:(]~ ~ cv. andt "0~ ~tubaJ, 13 300~. "0a.miami1 "0taiJ., UIt ~ JAfP '0 am SUIlR/IpJ#tWJ<<UItlIIte\ ~ ~ ~ ~l1n/ook~ 1IOI.i<>>(ronv nel.W ~wJw,~fa,~~tJuu,ilM'~fa,~~~ ~inltJu&,~aM<~andton-~~inc<.tm.e< "0~~ ~~li(.e-~i.nf,o,t/.eut;~andt~~~UIt~~ $OOU!/of~~~~~~ "0~rkPw.eftt&ea4 (UUf ~andt dmt t.Iuwr,~U>>. "0k-cast4m<w.intft.lw;;vlwm.e-i,e,~4fAe,~ 'it(~~ell€IYift/.eut;fwm.e,~Q/ ~OIUieotwluw~wouU ~t.I.em,7 . JA{.te;v ~of dmt'l'dedlcatett taMfl(J'Je~ Ao.w, CiUI' tIw.t ~~ fa, skIIW 0AJ.el!'? "W~ wilt fAe, fI'I.Q.IWj' ~(.wm-rautwkw, wdt ~fJO'7 ~~~m&~Q/stanJ,1- "J~'fP~dtiIzeIt.&,&fnoJ,~ fAe, ZIN'IUuf of t./u..,fJ/l.elQfa, t1e-cluuujd. "0fu6,wilt~fAe, ~4tk c:(]~ ~tubandt ~~i.lI/"J~of~fowr.~/~ 'O~Ao.w,~'fOO'wouU t1e-if~~~fa,'fOO'rautlf6W'/~ "€ou.U 'fOO';ua~ tpJJM/lumwraut~aw<Uf(.wm-~1pJ#1uul UtOIfiwj, l-'fOU/fIeflii.Ite,~7 ~ ~need4J,fa,stanJ,Uf2'1- t.lwu,dtiIzeIt.&,wJw,fJ/le'~fa,~1- tk~ fI1~~~tk~tpJJM/~~atI/ tiw-~ CZ1ow~tkfUJWRi"fa,maJte,Q/ ~ilnpackatl/~4 ~ fI1~don!e,fet<Uslip~tpJJM/~ c:(]oJ. fJM.s, IJ<WI. $~, Agenda Item No. 88 December 11, 2007 Page 155 of 195 JJ!tf~~. ~e&&;~flJ~ 1314 ~~?>. ~ "In'?J 1,8356 fib. S. '?Jf '?J CfMI/~oftuUf~~~mt!/. '?J awoilJlpUUl/MclswlI/fMut ~w.J.come,tuUf~~'fOW- Agenda Item No. 88 December 11, 2007 Page 156 of 195 Dear Commissioners and Zoning Board, I am writing to you with my concerns about what is happening to our wonderful little Greystone Park. Apparently there is a man who is wanting to buy this park and make it an RV Resort. We have lived here many years and are very upset by what is happening. It seems to me that there is some kind of law that prevents the elderly and handicapped from being thrown out on the street and have our houses stolen from us. Many of my friends are in the hospital. The stress is causing health problems. Some with heart, some with other things. Everyone who lives here is very special and we do not deserve to be thrown out of our houses, We live in our own little comer of the world and don't bother a sole. How in the world are we expected to move all our things, when we get nothing for our homes and are on fixed incomes. How are we supposed to buy a new place and make payments on it. These kinds ofthings are very upsetting. We thought we were living in this place for the rest of our lives. We want the park to remain as it is and let us live out the rest of our lives in peace. Thank you , ILu- ;.,I~ ~ f.krR~ Greystone Park Agenda Item No. 88 December 11, 2007 Page 157 of 195 June 14, 2006 Collier County Commissioners and Zoning Board 1 am writing in reference to the situation in Greystone Park. 1 have lived here several years and am vety unhappy about being thrown aut of our house:;,'. It was our hard earned money that bought and paid for these houses and that put money in tlie owner.c; pocket all these years for lot rent The owner of t./-le park has a/wavs told us that we would never have 10 worty about loo;:;"ing our palk. It has been asked many time.s over the years. Evetyone has done a lot of work recently on our places: We had a lot of damage from Hurricane Wilma, and the owner told us to go ahead and finl-,,17 fixing up our houses. This was asked of him just this April of 2005. Ne already knew what was going on because we started getting notified on May 20, 2006 that we were> being evicted. We residents want to make a co-op out of our park and n'ntfnue to /.ille here as we have for so many years. .l thank you for your time, tJM,'] I) .. /). [PI a-0+: !;*/vfP C:-. Cireystone resident Agenda Item No. 86 December 11, 2007 Page 158 of 195 Kay Deselmen Collier Zoning Planner 1 have been commlng t.o CReyst.one since January,1985 and have made it my home since March, 2001. I have a double wide moble home wit.h t.wo bedrooms, two bat.hrooms, a dining room, living room and kitchen with a screened porch across the front and a car-port and a shed. I couldn't afford to live anywhere else in Naples and at 88 years of age, I hate to think of moving where I would have to find new doctors etc. WE call this our Greystone family and everyone takes care of everyone else. If I had to move, I couldn't afford to buy or even rent anythimq that would compare with what I have. Liliian W. Bryant IJ-1A4>. ~~~,.~ --1" "R..-r;/-H...:t 13300 E. Tamiami 'fr. 115'1 Naples 1'1 34114 Agenda Item No. 88 December 11, 2007 Page 159 of 195 From: James Selover To: Kay Deselern and Collier County Commissioners, Hi, I would like to introduce l11ysdt: and ask for a moment of your time. My name is James Selover, and] <1ITI <I registered voter in Collier County, 1 am a full time resident and my piane ofel11ployment is also in Collier County. ] am writing in reference to the zoning change asked for at my home, Greystone. I would like to ask you to not change [he zoning. It is well known there is no affordable housing in Collier County. I am here in Florida, because of tamily health needs. I was asked to come here, and in my family, r love my parel1ls and do whatever! need to in order' to care for them as I'm sure you would. Mom and Dad have been coming dovl'n here for the last 10 years or more, they have a home here, like! do. now. I moved into this 55 yr. or older park in order to care for Ill)' parents. I hought my home less then 6 months ago. ! took out a loan, and the park management knew that, but this is ethics, ! am not anyone to judge anolhel'. I am asking you to make a stand here, can we not have the economic advantage of our "snow birds", and slill have a place, that shows Collier County wants its economic hearl of affordable housing, loo. To change the zoning \vil! menn removing a retirement housing unit, that could be looked at as a very heartless act. \'v'ill you tell my parent's why after working all there live", you w:Jllake a'yvay there home? Can not we at least have one place lhat fixed il]('orncs and working people can afford in Collier County. Can not YOll say,'Yes, \\le are doing something about the affordable housing pl'ObJem'" Thank-you for your timE' and consideralion, /~.~~~ .James Se10ver 13300 Tamial11i 'I'd E, #21~! Naples FI 34114 Agenda Item No. 88 December 11, 2007 Page 160 of 195 June 16, 2006 Collier County COll2..rn.issioners and Zoning Board ]J([em beps, We are wFiting to .}/DU in refe.rence to Gr'eystone Park. FIl(;:1 _oa.ve lived ,here many years and are VBI:JT upset a.bout the pos'sibility of' OUI' [.)a1'k bei.ng' rezoned and leveled. 'The issue of a.ffl~JPclal71e housing .must be addres,ged Lo the apea.. 'T]le Cou...zJ.ty should be well 8TIIT/,1,]'e of' this problenl. considering tllereEiTB con8tant job openings due to the [act tl18_,t /J,f'ku?da.ble houbwg is not to be fowJ.d It cJ,ppea,rs that Naples and the surpou-Ilding' area,,; a.re turning into places for the rich and not tile ]OT;11e.r> class citizen. We feellDce we are no longer 117anted in tJle area. Like 1/ve seT'17e no purpose anymore. A.ll we want is to ]'[eep our park as it is and make it a co-op. ,Keep.it c2/'foI'dable ]lousing and a great place to liT/f.? JY(y.11 usband has 11ad severa1 illnesses some serious and everyone in t11e paJ'.khtJ,,s a1ways been there to help D1e. T1]js is tearin{{ our GI'eystone Family apf-Jpt. It is not fair. Please recon:::1deI' c2ny Bpplioation for rezoning TZ1ank you . jJ . /. /2-~ /?' ---r::. . /p.f'./J, ~ ;,,{;/~/ ~~ Herl7 and Betty Critser Agenda Item No. 88 December 11, 2007 Page 161 of 195 June 17, 2006 Zoninu (}3oara ana County Commissicners, I am writine tfi:is to you 6ecause I am very unliappy a60ut wliat is happeninu at f}reystone parfv, 'We liave 6een toU tliat we liave to Ceave our parR.:. fJ'Iiis is tro(y a terri6Ce thine. 'We liave no wliere eCse to go ana no money to ao it with as we are aff on Ji.:'cpa incomes liere. 'I1iey want to taR.! our homes ana give us notliinefor them. Prisoners are not even treated' this way. fJ1iey oet 3 meaCs a day, free aenta~ mecfica{ ana prescriptians. rrJien wlien tliey get out ofjaiC t/iey liave money liantka to tliem. fJ'Iiis is accumufatea wliiCe tliey are in prison, 'We are not aslijngforanything unreasona6Ce. 'We just want to R.!ep our parftana ~ it a community so tliis can never liappen again. fMay6e to some peopCe, ourparfi...is no 6ig cfea~ 6ut to us it is 'Very special '11iere must 6e some Iijncf of roCe on tlie 600Rf to liefp R!ep us from 6eing tlirown out fiR! oU garGaoe. It is unfaufuC to tlirow IijdS or pets out on tlie street, so wliy is it oP.fly to tlirow oU people out? 'We wouitf appreciate you liefp in any way. If you liave any Ufeas pCease refay tliem to ourJ{omeowners}llssociation Presitfent. J{ername is CDenise ([)e'Witt, and sfie can 6e readiea on lier ceff pfione at 765-215-4882. 'l'Iiankyou fo?",r t~~ Aht~ 'Very concernea f}reystone resUfent Agenda Item No. 88 December 11, 2007 Page 162 of 195 Zoning Board and Commissioners Collier COWlty Dear Friends, I am writing in the hopes that you can offer us some assistance in saving our Park. (Greystone). There are a lot of people who have lived here for 2S years or more and some have been here over 30 years. We have lived here this long because it is a great commWlity . We love it here. We are all like family and we feel this is Wljustified. This is causing mass confusion, people getting sick and ending up in the hospital and a lot of sadness. I do not Wlderstand why it is so difficult to let us keep our park and make it a co-op. Some people are not able to drive so they depend on some of the others in this park to get medicine and food. How are we supposed to pay for moving expenses, higher rent, and pay for a new house on limited incomes. These are the kinds of things that happen to the elderly. Then people wonder why they have to eat cat food to survive. None ofus expect to have things handed to us but we have very limited incomes and no way of staying in our budgets and moving. I would like you to reconsider decisions of rezoning. We have always been told by the man who currently owns our park that we would always have homes here as long as he Agenda Item No. 88 December 11, 2007 Page 163 of 195 was alive. This is some kind of thank you to us members of society who have worked as hard as we have to retire. We supported the elderly when we were young and had respect for them. I don't see where this is a way to show respect for us now. Ifd~ . ~htJVf-tfJ1 IJP~ Greystone Resident Agenda Item No. 88 December 11, 2007 Page 164 of 195 June 12, 2006 County Commissioners and Zoning Board Members, Re: Greystone Park I am writing this letter because I am very disappointed at the current situation with Greystone Park. I do not understand how this can be happening. We are being evicted from our homes that some of us have had for over 30 years. Most people in here are 70-90 years old. This is very upsetting for us. Our homes that we have been told by the owner himself that would always be here as long as he was alive, are being literally stolen from under us. A lot of the other counties in Florida have a law in force that when an' owner wants to sell a mobU~park he has to offer it to the residents first. Why is it that Collier County has no such law? This is very unfair. There must be some way to stop this from happening. We as the residents want to turn our park into a co-op and keep our homes. This is the only place that a lot of us have. We have no other places to go. There is not enough affordable housing in our area. Please have the decency to help us remain here. Thank you R~ f?7~ Greystone resident Agenda Item No. 88 December 11, 2007 Page 165 of 195 June 12,2006 Collier County Commissioners, Zoning Board, To Whom It May Concern: I am writing this regarding Greystone Park. I have been a resident for many years. I am very happy living in Greystone and I do not know how I would survive if I am forced to move from my home. I go up north for just a couple months each year to visit family members. The rest of the year I am a permanent resident here. When I leave to go up north my neighbors put down all my shutters, turn off my water and help get my house ready. Also during hurricanes my neighbors come and get my house ready so there is less chance of damage. Where could I possibly live and have neighbors like this. They are all just like family to me. I would not be able to live in my own house without the help of my friends. We get together in the evenings and play cards. We also have a lot of other activities that keep up busy and we don't have to leave the park to do them. It Is safer than us having to drive all over town to participate in activities. We do not want to loose our park or our homes. Thank you, fI~(/;~/L Yvette Thompson Greystone resident Agenda Item No. 88 December 11, 2007 Page 166 of 195 June 17, 2006 Dear Kay Deselem and Board,.p .J)D,00A .p;A(fl 'I- CO!?1rniss(-c;)cI2.s/ I am forced to write this letter because we got eviction notices. I have lived in Greystone Park for many years and this is home to me. We all take care of each other and watch over our neighbors. I do not understand how members of society can do this to people and not feel bad about it. This is a nice park with great people in it. Our roads here can not handle the traffic we have now. I don't understand how it will handle more. We have habitat going in with 250 houses to our west and that by itself will cause a great increase in traffic. Please give us the opportunity to keep our park and our family together. Thank you for your time. ~ I1c~~ Greystone Park Agenda Item No. 88 December 11, 2007 Page 167 of 195 I have been a resident of Greystone Park for 32 years. My husband was a severely handicapped person and we came to give him relief from the cold northern winter. My aunt had recommended Naples for it's weather and quiet friendly community. We were lucky when we picked Greystonef6r our first winter stay. Because I needed a place where I could feel safe and secure. We found the campers and the neighborhood were just what we needed. The park managers were always quick to respond to any of our problems, Within a couple of months we purchased a mobile home and decided to make it our permanent home. The years have been good and even after losing my husband I don't want to have to live anywhere else. My money is invested in this mobile and I don't have enough to invest in a new one. Where in Naples can you find this kind of affordable housing? Isn't that what every is looking for? If this park is sold you can add me to that list. f3~ ~ j17C' h. roc-en ""om .o~ ON_ Z _0 E~oo ~, ~ '" ~Q)'- -.0" C'/lE'" "0 " rn CoD.. a> " .;fO ~~----' a?~~ ~.a-U.d'L--- ~ .' . /;~A- ~ ,~~ tU-. ucJ> 7?7~~ d.~:/:~~& ~. ~7?J .~/f(~~~?fL/ ~~ 5b~~ ~.-/~ ~~ !b:;~c1~~4I~-:~ ./0 ~ ~ ffi ,~)~~' ~ .tI /,~7?.e.e~'" /J~_-,,,_ Z:::/:/tLe-~/.' . .. V~ 7-F /~ :2--.q .. / - / /-.-P_- 0. /:. v:; Agef1da Ifem No. 8'8'" December 11, 2007 ,- . :J)~.~ 1\ .' tJ/l7!r-J~ .' ?1-Zlk~ Page 1690f195 JI ~?1.v~"'9 d #t):~ ~ GlU!Jdt111.L- mow rr~, /ddkl d g{ff}c & J)h-n'1-L ~/~ c~/f]~ J u/Yd ~C/l~ , , j {; . 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II' ~rr1 ct4>~c;;;:'" A r;t lJ tUt ~ /OS/- . ~ aJ- ~dXJ -$16 c:vxd alJ/JPe. ~ . .;-~ C.fraLr ~ ~ . ."~ ~ ~ J()C tl~ ~-Id . ~, (k,pn1~ ~~ ~d /.ul,t~ ~'J?~)~" ~ o ~~ u / Or- c3) tfrL fl?7.. :./ tf/UJ! tUfJ tit iJh~ ~ic46u /?/c/;du t- tL-- t!-AtMJa ~d~ C~ .' . ,to ~ i;f/U1 ~, iV~aLL /t/P--e fEtM-k ~/~ ~~ kffc:fb,- JaH Ma! 4 7fa4r)~ w~ k ~ 1110 dtJ ~ ~ t/VY)od-vu 1lU/m " ~ d";j~~' ~~ /) Gr]" IR. )< A Y A--/V IJ -Z tf/..A/ / /V G ...~ 8 CJ A-I<b ;' Agenda Item NOb88 December 11, 2 07 , ..:;rU;1/ C pa)1=az; of B9 b //-1/ J't. &'/"/61<-.fiU:::J..A-rL;53 ro /fce.-.eN=F f? J/ t= )tI7" 5" A I --rl-l- 6 ~ r? A '-( S 70 tV E /VJ -0 J3,?2E.. Jh57 /1113- ;0 ~ /< . :5;55 V t:!.RA-t.-- wee J<.. S /V'-<;;; D . '7':/V G Mrl-/lI.kc; c jIA/:E;trT S' P-1lI7 r? L!:'"S) J.)eA.J;rs A- ,/f/O--T:/ oE 70 j2:v/cT 6'WA/cR>.--/l-l-rs /.MttoCJ'sES A J.l+I^<!J5I--/Jj!J t!?,N -r~.A/A...v7S 8E~sE 0E W ovt..;.l /l/cr7' 13E .A132.-t!E /0 SE, L.L. 8 U f'<.. /r:kIJr-1.E.J !O ;f.Eoo t/ E.I< --7/-18 /.AJ V 65"'/ ?1E5. N r ,-tv E /'!f.4,rE. /.11/ (!pUR. ;-I-cfi1E.5! i5ge.ffV.>E &-;z 'r;T'/.,/e. AD'-7',C,v o 'p: -r /f ~ c:;; teA y:5 /2:;# e ,/lA..-+,/1/ A-G ,/.f M IE /L.I/';" ,A ..AJ j) J 11/ ,AA.,Lf- IVY <lA-$: E.. S:-r7..,t &-r J4A-/l! s go 0 R '/ Co p-1~ v1N Y t11 J)... ~ /U b"f ,/l/'l CJ r I ~ -r;..,? e::.. M 0 13 I L C f-h (Vl €s () 5 C,f!Jf tI ':>6- ~ r7-/6Y --1- JR..E- 70w 6J ;l. f) ~ eM t5- ~tY U A/ 0 CJ (.J -r -r 1-/-,4--/ -r /~ "= r> /f e.seE NT' {JWt1/.t=.K:.- /s 5E/-.L/ Ale;" '/'H'e r>p-o ~eA.T'Y C,&,A/-rI}JC;Pt'1..rr <"J);V -;r.f(-e!- S'l./ce..d?:ss;-=vL ~E-:zalVj,/V<:; &J p -t/rE- ~~~O r c='R. r'r,. I'.L. ;: A- s I'" CV AI:5 I JJ EfZ- -;r ifA/ 77-;- E. t<<"C .2 C7 ,/1/ J...N G oF- --r;4(S I/' P- dJ PL?RTV C(/ () V.J...[) <:1!.,4-v.s E .5[3: V ERE F/A} ;4#<:2 I A-L- ~ 0 :>:;:;. 70 ..c9 J(;J~ r[ ;VA-/1//....$ ,.,/1' 3 tv e:= J-. L,4<5: 1/9-/-</..1/ G A-- tv A Y 77-/;:E ,I-:Z He? M G S f7.J- G r fjlrvE /-/1/.6"/) IN rcpf'<.. JJLc-A-tJc>/ ..5"/./1/ ?E~L Y 12/ ~fI~D G t9 "-r~ GH 4--[/<::" o<-tfRe-. I ~ 0 b Agenda Item No. 88 December 11, 2007 Page 172 of 195 To Kay Deselem, I am writing to let you know how much we need to keep our trailer and mobile homes at Greystone Park, 13300 E, Tamiami Tr. Naples, # 71 . FI. 34114 So many of the people here have been here for over 35 years. It is a great park and very friendly.!, like many others, are over 75 and have no where else to go and no money to move with. Most of us are here because of age and health problems. This has been like living with family and the owners have helped us in many ways when needed. This has put such a stress on me that when up in Mi. visiting family I ended up in the emergence room with an anxiety attack. Thank heavens it wasn't too bad. Other folks here have also had medical problems due to the stress we are going through, When you have no money or any place to go it can make you very sick. This was to be our final retirement home. Please do what you can to help us keep our homes. There is no other place in Naples any of us could afford. Thank You, Nancy -Lee Williams ~7cf-J~ -- -_/ c:0u.~eng...,IenJ...N9. 88 . 'f5eqflij)yr tK, 'EV07 Page 173 of 195 To Kay' Deselem and Board Members, When we moved down here to Greystone Park we thought we had found our retirement home. Now we find out they are selling our park out from under us, Our home up north has been sold and now have no where to go. The people in this park are the friendless people we have ever met. And the owners have always been willing to help in any way they could. This park is close to stores and pharmacies which is handy for those of us who do not drive very far. And we help run errands for those who can't get out. We have become onc large family. There are so many older folks in here that are over 70 and up that have no where to go or the health or money to make a move. What are we suppose to do, It will mean finding new Doctors that have taken care of us for many years now. That will not be easy to do. Please see what can be done for us to keep our park and homes. Most of our homes are too old to move out of here . No other oark will take them and most are not moveable. Thank you for all you can do . Our prayers are with all of us. Sincerely Joe and Mary Spada ~'P10C3 Srad",- Agenda Item No. 88 December 11, 2007 Page 174 of 195 Just how can some one have the right to sell our homes out from under us ? Isn't there a law to protect us from losing our homes ? So many of us are in our 60's, 70's and 80's and we have no where to go and some have no families to turn to for help and no money to buy or rent because we are the cheapest park in Naples. We can't afford these rich places. Who is going to do their shopping and take them to the doctor or pick up their meds. We are a family here and some have been here for over 30 years. Most of our trailers and mobile homes are too old and most parks won't take them even if we could pull them out. When Wilma came through and did damage to our park we all pitched in and went and picked up the water and food that was given for free. And helped each other clean up. One lady had asked for five years to have a big tree cut down behind her home but the park said it was fine. Wilma snapped it in half and it went right down from roof to floor. Right after Wilma they changed the name of the park from Greystone Mobile Home Park to R. V. Trailer Park. So they knew for some long time this was going to happen. And it wasn't fair for them to wait until the snowbirds went back up north before they sent out notices. People had to come back from Canada to close up. If you could keep this from being rezoned it would help save our park. We thank you all for your concern and help. Dear Kay Deselem, .' 171 c.r::ttg?~ k'~~,~;?-rV-"C"'~ I I C/ ~ J ,C. -/,{:-P6 Agenda I~m No. 88 December 11, 2007 Page 175 of 195 Kay Deselem , We would like you to know how much we need to save Greystone Park. When we moved in we found it to be a very friendly park and the owners have been here to see that things were taken care of. Please help us to keep our park as we have no where else to move to. Living in a mobile home we can't pull it out of here and don't want to leave such nice people. And it is close to stores for food and medicine which help those of us who don't drive far or have to depend on others for help. Greystone has been a great place to live and it is heart sickening to have to leave every thing behind. It is a very affordable park and a great place to live. There are just too many of us with no where to go and those of us in trailers that are too old and other parks won't take them. So Please try and help us keep our homes in Grcystone Park. 13300 E.Tamiami Tr. #60. Thank you, George and Margaret ~8nd~tkil~B' of, December 11, 2007 Page 176 of 195 To Kay Deselem , Never thought I would be writing a letter to ask some one to save our home for us. We moved down here a few years ago and found it to be the friendless place to live. The only thing is they are building so many places around us and the traffic is bad now what will it be like when they get all these homes built around us. We are the cheapest park in Naples and most of us couldn't move to any where else as we couldn't afford it. Our park has many activities that help us enjoy life with out having to try and get some one to drive us into town or else where. After Wilma came through our park you never say such a great turn out to help each other, We have many widows here that need looking after and we each take turns doing that. If the widows had to move who would look after them? Many have no other family to turn to . We don't want to have to leave them on their own please. When our Manger Jim Guidish died two years ago the folks in our park donated A large stone monument in his honoT. That is the kind of family we are. Cliff and Sue Deaner C Vlt j)..a.v Il~..Y ) c;J' -->--':1 \' ^ )', ./ ~.- ~L1~(,-. (J.OCi:._1 L~.' ..' ~- A~da Q~o. 88 . 0 December 11, 2007 < 2"~() ~, "","'oM cfl- -CVrY7 cJ~~ ibtrU- ~ Lk~ j)ruJ ('i5>vJ)f:0,wN 0>. ~ ~W>. Pall:- ~ ~ JYt);diJ, ~ ~ LW- J,we- k ~ ~ ~ ;f--&U.)J _ oJ, ~ 6W- 0W7L (!6Yl1ff"'JbifJ ~, u'1- ~~ ~ -bJ (~ ()JJ> ~ . r,1 ~ ~ jYl 0 JWJvd -6-s .Sf D~ ~ P aAl: ~ ;h, 'if" U ~ .I- banJwJ, u'k -'4'6 8aA- pede · ~ <J~ ~ ~ J0p~ J-, c.ck ~~ ~ ~ ~ c.ow~ ~~ we. >>-Q,OLLU b, Cn)Ul~ e>-M ~ fYlff!: iF'* 0- flLWl"k,u.. ~ r I.W- -to... c~d::u:m W'?- c:k='IJIJ€-. ' Ih~Llf~ - . dot& ;J~~ ~~~\~ A~Qda-+t~./tiEl/ December 11, 200T Page 178 of 195 ~ P. jJ,Q~ t<"!l<..(. D&...<JJ~M ,1(}/!.. 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Agenda Item No. 88 December 11, 2007 Page 180 of 195 -- dP~~_'d_hn_d dP' j UU'_ .__a<~~-~.-b.u.LtL--___._-P"_ __~~-~~'ddd ._ fh..~._~--~CL-jJI7.r=:----- ~-&-D~a-L/~~ . . - - ~ W.Q~~~~d-_~ . . .~.0rl~~-e~d------- ..~ ~~-C[J-R- '....__~_d d~~u.. ....~......... -fjj-c-()~e~.Z:&...W~-f?~ ....dk~~~dX-~ ..~~ ,. .. ~P' --cI-o-~- M...e.. .- .-, -- - - - - - - -'u~un __m_ .. ... ._...._. ~~~_U__ . d'_ ........-. ~-~.... _________dn d____ _Jj~~--r~cuJ~j7-'J___ _pL3-36Dti __f~_d -r~.. .iftYt/!I... _.. cr\~;;;r;~ . . ... . ..... 2Ljlll;/ Agenda Item No. 88 December 11, 2007 Page 181 of 195 2'37'-(,.1'"3 b'7t.8 C<>>-/NTY ZCJ/II/fI.){- J.)O/QIl?D /}"/l!c-?(E''I5I''PI!''fI96f' (/r LtJwt'.'/? PAle..- M-II/~".v? ;,..; Agenda Item No. 88 December 11, 2007 Page 182 of 195 IlAI'LC'5 ? Open letter 1;0 all mernbel'$ of Collier C..oonty zoning Board Greystone Mobile Home Parle -13300 E. Tamiaml TI"lIIl hilS requested t:hei:Oll11'l9 board to rezone to a Recreallonal Vehcle Park which will allow the ownerS to, evict 83 families who have Ilvetlln the pllrk, some as long as 30 YlllIrs.Greystorle has already Issued the evlc:l.1on notices which I Question the leglllity of without just cause ancllillso to 142 others. The only reason for rezonIng Is 1;0 make It easier to sell as they received,,, bid to buy wtth that provision In It. Florida law states residents have the right Of first refusal In case of sale, which is to prevent this type of eviCtIons, but does not apply if the owner can have the property rezoned before he sells it ,which is being IIttempted In this case. In either event the owners or Greysyone will receive the same purchase prlc:e whether they are allowed to evict the 225 people or allow the reslden15 to purchase. This is the only home the 83 permanent residents have known In up to over 30 yean;. when evtc:nad, they will lose their homes as Florida law forbids relocating mobile homes over 10 years old. They will receive no money,have no home and most of them are exIStIng on sodal security DIlly. Now they will be thrown Into the street broke, no hope and eXpecWd to start from scrIltdl. Probably a ,third of them are alppled, have old age ailments and some are army vets with debilitating Injuries. . Greystone also has 142 snowbirds who own mobile homes and .Jl8Y rent 12 months a year but live there 4 1;0 6 months a year. thepopuli:.r coTl$1l!llLlSls if we L.o> $,: our $30,000 to $60,000 mobile homes and CIlnnot save the old fOlkShotnes.1Is Adios Naples, florida along with our buying power! We lire mlk!rtga ios$of142 families with children, gnsndchlldren and all our other relatiVe$!Snc:lf1'aInds who visit y~rIy. Most of us buy OUT autos, major appliances, all. our fOod' and. clOthing ,restuarants and golf 6 months II year. In the past several YelIlS I have purchased 2 autos, Installed a total new kltchen with ,,11 new appllances,new heatlng and cooling, redeamlu.d and furnished the living and dining moms andiOstalltld Pella Windows thruout. I wonder how the Chamber of Commerce and local merchants will feel If you give Greystone the right to evict all 225 families by allowing them to rezone to R.V?' Right now t:he.sc old people cry them selves to sleep at night feanll{J no pll'tCe to go and be without what they consider their family at Greystnne. The residents of the park are forming a CO-OP to buy the park to save these people, but If It Is zoned R.V" we will be shut out from buylng. Naples will lose 225 families and gain at least 83 welfare OlSCS, the e\llcted people will 1Cl';(! an average of $8,000 to $ 10,000 per family or approx, 2 million dollars and Naples will !Il1ln a well deserved bad reputation when the facts show up In travel magazines A.A.A, The Naples Ne~checklng weekly for I,l story. .., ~y(pn{0~. -(/;/ - ...... DICK FREIWALD If" VV';; 5",fl/C T'N" ,-<?A'Af:-f'.J 'T7!,c,.('~ A A"C lot 4a In G....ystane park /.> _ . 5918 Bishop rd. ,A ~ .;,/ "1 1<; /l.1J tJ / TI ""rv ;1L . H",6 I LF If"" n c: Almont, Ml. 48003 .$7 TIE -; 4 t/ A ( (.. 11 (j i.r 24S--969-;!.931 Agenda Item No. 88 December 11, 2007 Page 183 of 195 June 14,2006 Kay Deselem Collier County Planner 2800 North Horseshoe Drive Naples, FI. 34104 RE: GREYSTONE MOBILE HOME PARK Dear Ms.Deselem, I am writing to express our deep concerns with the proposed plan to convert Greystone Mobile Home Park to a strictly RV Resort. In the process, over one hundred and fifty senior residents will be evicted from their residences. In a time when Naples is extremely short of "affordable housing" a developer is planning to destroy over one hundred and fifty dwellings to produce a recreational facility. And with the same swipe of the hand put these people out of their homes. For many of the residents of Greystone Mobile Home Park this is their permanent home not a vacation or secondary home. Their life and future is invested in the property they purchased thinking they would be protected for their lifetime. RECEIVED JUN (9 2006 ZONING DEPARTMENT Agenda Item No. 88 December 11, 2007 Page 184 of 195 There are no compensation plans for the loss of their homes. All will be lost and few can afford the replacement of their destroyed housing. Several residents have resided at Greystone well over forty years and they call this community 'their family'. If you would visit in this park you would see and feel this family experience. These retired elderly people do not deserve to be evicted and lose their homes and belongings. A proposed zoning change should be refused. Please do not support the zoning change and fight for a denial of the rezoning. Respectfully yours, p~ ,AL4~ Donald & Goldie Kootsillas 13300 E. Tamiami Tr. #75 Naples, FI. 34114 248.437.0604 e-mail: kootsill@earthlink.net Agenda Item No. 8B December 11, 2007 Page 185 of 195 ~~ ~~ ~~~ 'J-.8 DO N I~~ ty/w..J-'" \\~I :?r Y.. oJtn.', I{ a~ ~t 'to', ,n~~; p~ ; :J , ",,? &; .J':VTI^.uc.,...u... J.,.. "Y\.c'~",-, l..dz , 1))... Q'-....Q. .,-- , . j), . , . ---C-04~"(j ..vV'. . "4"-"" "^dO-<-~ C,,"^"':' f.,\(J..uQ.. '}l"""S.J:n'L" /1'bs,,-,1.<!- -\..\"""cC-. I?Clkbc J1..,D kl.'," V,"(..c (1, ~ t r -\~\-e_ o.._SJ-\:.t-. '}.,,-", }._.~..(~A:':L4LC).-' .IL_-L c..c....c ,\..- l_,lLL.o.-~.c,-Yl../i..t''V'""j ~ ._ ') -1_ '-- ') '-!..J~I \,,1...:.-(-;y\..--L0!Lcd-1 (Vv,--cL Q.,.....UE.- .L.........\. 1.::;.....-1..-"-'....' ..J......u-c..--YL.I..D/l- ~L-.:..""l'.r~ -,( 'A-L>L-L , \ ~' ' (,1,) Q "'^-'-- ','>.- I':u.. e..c"h<.oL cr-'v.Jl.A- '~'i .X.JJ'L-yI_q ,;..'" , u u ~ ' 5.-e....,"J::: ~wl.>\Je, Q~",..A__ __LUt. CLJU? .J,/v--.. C}-.O..JL/ IUDe~,:rtMJ, l.l-Io C,.-ueCCt..,+ -'lJ~'-'\V----Y Q.'Yul... cJ,,---~\ ~\A" O>......>rf.',..>Jc ~ _ (\ c.) <l (" 'v o-t ~o...<L ll,-(\'ilo",-Qj ,..\)-~(\ 'Of I, ,j).. (lJVL-:)-?~"~C- y t ._t.,' 'J KJ... J'..Jfi->v ,.J.,/.:sv-- Ca.N'--> ,(/V'-" J...O ~,~o v--- 1.0 '-'~~ ' U IJ+ ~ -'--- \),::r1.J./V' k) ",vU"-"v }.....o '.-:i-<Lu€-- .J,~, \.-.) ~ J n c""'~'i" .1toL c.,,-'^-~l ~-'t.v1\.."'-'-' ~..v-l- q'f!:iJ.. ~ {~",,-,--<-\..J.t.L 12cL J)~~\'("""""'1 I \-ut..-I ,S 4--/1 'I-- (T ,ft) vr1'k' {.),J.rA.c.4.-<() )J"-'-'il~,t,-"-L f~>~ 16300 t,..,Jcun-..<amu..J J,.,...-Ji. LoI2Z-!? -J'io-tf..e.t..../Jf., ':NII'f RECEIVED JUN 2 1 2006 ZONING DEPARTMENT Agenda Item No. 88 December 11, 2007 Page 186 of 195 ~~~!l4 I ' l' J..<V(U ) d; ;toot. 7l c(f 7': c.A-.Jl~,77"\,J i . Lv--o ~L coJvt;J.,C ~ . I fita~,c.- <:A~/rL/ _/V~t~~ If ~~('{Tt~=) i-AAh-e ~-J.JL~ -Z;?~ ~~dX;~~?71~:t II.?L"J ~~ ~~, Ii ' ~ -" ~ I- .-rL/~ . i lRECl;:!VED Ii j! . h JUN 1 9 2006 I' i ZQNING DEPARTMENT I , i i I 7?14~ ~ Ol8'cJtJ 1;; ~ t6Jv 7l~ ,jt ~ ')11A P(~~~I J ~ ?l- /2~ I:1J / 7?a~1 J4~.'~ 0.- ~~ /~ ~~~(~a-L~~ ~ a- 0:>6 f~ ~ ,f r ~ o--nJ ~, Y C2-rry to? 4d- ~ ~.be ~~~':~ -~ ~~~ a-~JV~~ J~~~~'~~~~ pu~~,~~~~r' ~~,~ a-<'r~ d~ -r?tfl ~4:~'C-;:jJ ~ 11 ~~' 7/:;.'!.J/- ~- Agenda Item No. 88 December 11, 2007 // A{.b' Page 187 of 195 /,-,,~r /31 c2CO ~ RECEIVED JUN 1'9 2006 ZONING DEPARTMENT Agenda Item No. 88 December 11, 2007 Page 188 of 195 (L;tL/l; #<j ~~J'-' . 9t(j'LC; 'l(y'>? ~:ft~LL~tIJ~/ad. .~ha.te k~t;j~ . -fJcvtL#/ff. ~~ ~~ ~~V '7~'/,~ /-~--~ 11 a4 .~ ,7c:2.~ U/-e ~ ~Lvtt!..et/U~~. .' 7'L0~ ;du:..-- /:6';V - II </73 .76.-/0 , tVJJ..vu...- . hJ tv ;L~L~7'::~~:de-- ~ ti~! -~.- ~c:V~ r. JI..b ttJ-fc.uL.L ~.fto tcu(~ ~~~~/J!fF-~~~~/!t{, . /~\- fl k1k'7i()7./f> II e...., 2)2_'-' It i {fIC Ld~t~~ '.~' .' / /uJ~. " (7b7~~~~ ,<-~~?i . ~6{f ., ~ /33 'J() d. T2i ,.Wfl-l "-I7~.~=t ~~ IJ . J7-!f//f RECE!VED JUN 1 9 2006 ZONING DEPARTMENT Agenda Item No. 88 December 11, 2007 Page 189 of 195 JUN 1 9 200li ~ I'-' . . _ r;--- / 330'" c. d ~l-</ V.N. X'd"" /7' )~' . ,rL .3.1fII7'- /.3 c200 ~ ) b.evJ 7ft;). ~/ ..J ~n./ ~~ ~ ~ ~ Ud/r~~~~~~ A ~~;rJ~~~/ /~ ~ ~ ?r~ ~~;p~ ;t; ~ /f'1/ <"77 yz~. V ~ ~a--~ /v,,-('/~,...r t 9~~ IM/ o?t~. ??zy ~~. .L,., ,...e. ....p (!a..,-~ ~ ~~~jI9?1-g-c ,;;u..-<- ~ ~,~ck ~~~ --j~~aZ~~~ ~... ~ ~ ~~<Z4J ...-J -4, ;~ <!. t)....J ~ RECEi\/ED ZONING DEPAHTMENT Agenda Item No. 88 December 11, 2007 Page 190 of 195 ~ /~ .r=-f...2..-- ~~~n-/~~ y_f/"~ 7J~~ i ~ ~ o-n-' ~ J";d'-/- ~~~~d~ ~~~. >?7~~ ~~~~~ ~.-:to c?jl~t-L..:z;d--' ~ C0 ~.V~~ 4~~~~.~~ awa.y. ~ ~ a;kL- 4 ~. ~.e- ~ /~~~~ ~. r ~ ~ C{A.d- ~:-z- ~G-L A ~ a.., fi~ ~ ~ cz. .-4~ ~~, c:::u- ~u-/ ~ '1 ~~.-&~~~ ~;t ~/ ~ ;zAv ~~ ,,~~ ~.L /~ ~ ;iA.e., ~I ~I ~~~~.--<t'L~ ~ ~ ,,," If, "'.L ./. Agenda Item No. 88 December 11, 2007 Page 191 of 195 $~ ~ ~ a-r~~? ff~ C<l.-v'-' cb fi ~ ~ ~ ~~ ~~ ~ ~'7L-r~~~ -fJ cu-k-- . ~~. ~ G. ;xf;~ Agenda Item No. 88 December 11, 2007 Page 192 of 195 Date: June 15.. 2006 From: Joe and J'nez K.lein (Grey-stone Residence) To: Kay Kc:scl~a:n Reg: ~cZODing ~fOreyS1;o:n.e IV1:ol:Jllo I--Iorne and RV l?'ark "W"c ~ residenoe of Grcyato:ne Purl<. in "the VYi;nt:er t:o el!ilcapu 'the bit.ter vvin-tees in MiohigQ.l1. "W"C love 'the. Naplcllii BrOa beoause o:t-Ua proximity tc:> the Everglades and the bcache!l. VVe ~joy 1:h.a "I"<!lBtBu:ra:n:ts~ hOVY'Ii.n.a.. golflng and movies ava.iJ.u.bl", in tlu!, ~ll3a a1RO~ VVe h",-ve bce:n. oumi....,g 1:0 G~.Y8t.one fbr ten yeu..--s n.n.d have f"ound vvondClr1:"ul poo'ple """ho huvo become like Cal"n:Uy 'to us. Ou.' henrt~ a.re ~hlna: for an 'tho poople "",hOo live in C'heyst.onc: YQftr...round. "T'hey vvill be displaced :f:.,<)m the only home they hove and vvin be hnrd pre~Bc::d 100 f"Lnd anythin.g 1h.ey can a1'l'ord in 1:hCl Naples araa. SOn1le """b.o are in their eigh"tic8 and nineties ure being 1:0)(1 "to }:>ftCk up 8n,d leave -vvit..h no vvhClr'O t.o go and in 8orno CD.B~~.. n-o OTIC ~ help Lhcl.Xl.. Some I"l.&ve been. in (3reyS1.0:rlC:: Tor t~.,y ~lnd t.J"lirty yaurs. ~~e Nnples l::'aily ~eV\l'S.h.ft5 articles about ner.7ding aU:hrdubJe housing ir:l. the o.re.u.. ~.rhi.8 park i:;;r. one place tha:t: is provld.iJ-J.g housing tor people "VVho do lanu.;:jcHping. cat:erine~ mniI delivery.. u:nd '\IVork a.t K-JV[art and PubJix_ ~c are ft diverse counnurnty of" good people. Our only hopCl in thu,1; 'the zonIng change: requeST is turned do'Y\ln I!ll.nd the park rema.in:s .........it.h itS! uurcent 7..Al'oing. W"e ore vvorWng on ft pIon to purchase iliCl' pm-perty ond run it: as a. Cooperative h<~ulSing 1...l:tl:it. "I"h.&Tlk you TOT' rendiJ:..s -thiN letter and talking it into. cOhl'oiidcraU:on. Sincerely. ~Qe and Ine>:or; Klein 13300 TKru.l~i Tra.i.1 E. LoOt 32 NaPlos FL 34114 Agenda Item No. 88 December 11, 2007 Page 193 of 195 F~~M I ""A'X '....0. Sep. 29 2a0~ e9:45PM P1 $-,-..3 -~6 ----? ~. .A:::~ ~_, _ ~.; =.9~=-- ~ ;?Z~&.--- -" --=-- ~-~ - fl ,-~ .-=-~~-e.. -=>Z -v< -..G _~~--~ ,;:;='-~ 7' -" ~-c.. ~. .... _~..4~~ _:;z:-...- ~/~ ---~-~~7 ~~ .--.e-~ -=>~~~_'" 6~ ~_~~ ~ ~ _.-e~ ~ ~..!-.-~ ~...-..~~~ -.-.........-t:" _~~ _~ ~ .r' ~ ~~/ _~~ ::?--2'~~ ...--z:-....-,ZA!!". ~-~ _/e.. -::.__ ~ _~/? - /?. r~~ ~ .-.- ~~ ~ ~-~ -~~ ??-".......,r... ~ ~:..'fJ- "~--7 _~_ ~ ~_______~_.e.._~.......e... c.9 ~ ~~- -J_ __~R_;;r<>X;......-e. G=>~_ . -;;;;;;L.A:---~ ~~ K::--c. dE?~ /0/ .c.cl~-- /33~<=' ~ ~______~,..-~_ 7-J--r-~ ,;r-L .3 y.//7' r,,{ - -Y".....,.:? 6"""Y"R'" ;?"7"::>--- , I , " , , , Jv 0 T ~~Ag<1flj,aaltem No. 88 ./ ::J r;I.. fte,tmn b!"r 1:,1, 2007 1\ '0()O -,' 1 , . ~. L--35LI/?L . ;. . ,_, , u. --n.U ~~ ~{)O G i " ~'I , ,,~ '; V,' Ra ~~/J7U i !~f66 it, trR-- ~J. : 'i-11LUJUU ) 1lv, 3~/tJ:fL , I / -/- :l~+: 11CFv~ € ~ ':1 'ke-~~~d.&~ ~ ,.JR/). , ,J~~4~_~/J~!J--t/1~' /r1j1A, ll'~ ~ ,~--&i 1J.~A4v ~~~~ 1~alLtJ I' I' /)'.(~t: ~4J.r.J alL{)~etk--ld~;\. ,~~ I.> 'i c!La<uVpt;o~1 4-4YJ116 dJ ~0 ~~*,-/4.;6 jav --'~~~~;Z;~ U!t tW l;hu~~L/ :i~, at1uL?4 ./?!~ .~~C41.t/O)Jft~~.. .'f111 ~ cu~.L, ~ --ia~~/ tJ-i/ ' [',I ' ~(J ~Vvli.WaJr.v;tldu) [/ 'I .) U-ry{-1U(J} ((Jr- ,- ., p -, )). .' V, ~ fJ GA.U0~4MU~ "I :r~tfdv~jb~eA-).~i4 '~~: Ji~~;t&~ ~L ~Jan.ct.. 110f!Y)u>___ ...-e.~ tYL/ 11/JUL-/id.e-.,~ . :'1' ~,t> flu~c)~) ~i/' -' 1-LJ/ ai )}ie'!:fifu/~ ! " ~ a:6 JJ ~ qU,Ct-6~lA , "'.~ a~ ~.~ 11&J-!eJf. 1'.b (ytLVu c!25yw, . 'i 1UL-- ~.1'(_t..J ---Ife...ece A-t d-i2 d1.L1~t..a-J;6; t::l~ilL/ >j-f~ 16 /llv--P~4~~"1L&- ~ . '~,l, ~ JI~~/jwa~dUzt-t1&1JiZu::* ~,.d dLtdL ~ .~J~ ~uLt)vf/a4ta/ ~11t~ ",LUO -tI.I3tL/J ~) )wl~4..~ 2zZ;, RECEIVED JUN 2 7 2005 ZONING DEPARTMENT I aL..a-o --,1. - / i I " ii " " I, , 'I . .1 ~! , , Ii '-~ i ,IAA -/- T/~U t,~~ J. ~ / ~e~ M/&uL~{!~' I[;! A ~::! , 'St.0A-' tMUt.v ~~~r--D-A ~4./ lCtscVdtU~,~~ 1;01 (~f-J'- ~.. \J /3300 r Jd1#ua;ltU~/ 7f41 4ra.y//y ,I, -;/-. . 'yu> Iii ! i II i ~ I. Agenda Item No. 8e December 11, 2007 Page 1 of 145 ,'- EXECUTIVE SUMMARY Petition CPSS-2007-1, requesting an amendment to the Countywide Future Land Use Map Series of the Growth Management Plan by expanding the boundary of the Activity Center #13 map to include the subject properties, and consequently amending the FLUM to reflect a reduction of the boundary of the Urban Industrial District, for :t9.95 acres located at the southwest corner of Airport Pulling Road and J & C Boulevard intersection, in Section 11, Township 49 South, Range 25 East OBJECTIVE: The objective of this petition is to have the Board of County Commissioners (BCC) consider a request to amend the Countywide Future Land Use Map (FLUM) Series of the Growth Management Plan (GMP) by expanding the boundary of the Activity Center #13 map to include the subject properties, and consequently amending the FLUM to reflect a reduction of the boundary of the Urban Industrial District. Per Section 163.3187(1 )(c), Florida Statutes, this amendment is exempt from twice per year amendments to GMP, CONSIDERATIONS: .....- The subject petition is submitted as a "small scale" pian amendment. As such, per Florida Statutes, the request is only heard once by the Collier County Planning Commission (CCPC) and the BCC, where it is either approved or denied. The petition is not transmitted to the Department of Community Affairs (DCA) for preliminary review and comment then subsequent adoption hearings by the CCPC and the BCC, Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, as identified below, followed by staff comments in brackets [ ]. a) Parcel is 10 acres or less in size [subject site, including five parcels, is :1:9,95 acres]. b) Property was not granted a land use change within prior 12 months [no land use change has been requested or granted within this time]. c) Proposed amendment does not involve the same owner's property within 200 feet of property granted a change within last 12 months [no such change has taken place within 200 feet], d) No text change to the goals, objectives and policies is involved, only a site specific land use amendment to the future land use map series [petitioner only requests land use map changes to the Activity Center #13 map and consequently, the FLUE map], e) Site is not within an Area of Critical State Concern (ACSC) for residential land use, density limit of 10 units or less per acre except for small scale amendments that are designated in the local comprehensive plan for urban infill, urban redevelopment, downtown revitalization, transportation concurrency exception areas, or regional activity center and urban central business district [the site is not in the ACSC, the request is for inclusion in a Mixed Use Activity Center; commercial uses are anticipated]. ~ The petitioner proposes to change the future land use designation of the subject properties from Urban-Industrial District to Urban-Commercial District, Mixed Use Activity Center Sub-district in CPSS-2007-1, Small GMP Amendment Page 1 of 5 Agenda Item No. 8e December 11 , 2007 Page 2 of 145 order to expand the existing automotive sales facility by :t1.83 acres for a total of :t9.95 acres. The existing automotive sales facility is zoned C-4, Commercial General, whereas the :t1.83 acres additional lands (lots 22, 23, 24, and 25) are zoned Industrial. The :t1.83 acres are within the J&C Industrial Park and border, to the north, the existing Dodge dealership. Retail commercial is prohibited within the Urban Industrial District. Relative to the existing Dodge dealership site, the GMP (Urban Industrial District in FLUE) deems this property to be consistent with the FLUE because of an exemption for C-5 and C-4 properties that were located on the perimeter of the Urban Industrial District and which were in existence as of the adoption date, or October, 1997. In order to allow the expansion of the automotive sales facility use onto lots 22, 23, 24 and 25, a GMP amendment approval is required to change the Urban Industrial District designation of those four lots to Urban Commercial Mixed Use District, Activity Center Sub-district, coupled with a rezone approval from Industrial to C-4. The rezone petition is being requested concurrently with this GMP amendment (Petition RZ-2006-AR-10422). Because these four lots are separated from the existing Mixed Use Activity Center boundary by the Naples Dodge site, a portion (:t8.12 acres) of that site is included in this amendment. Though the focus of this petition and the companion rezone petition is on car sales use, if this map amendment is approved, the subject site will be eligible for a variety of zoning districts, including C-1 thru C-5; all residential districts, and CF (Community Facility). If the companion rezone request from I, Industrial to C-4 is approved, the site would be eligible for all C-4 uses. Because this map amendment will not become effective until 30 days after adoption, per State law, and assuming its adoption is not challenged, the companion rezone petition is not scheduled concurrently, rather at a BCC hearing in early 2008. Urban Industrial District Subject Properties (within existing Urban Industrial District) Urban Commercial District Excerpt from the Future Land Use Map (FLUM) CPSS-2007-1, Small GMP Amendment Page 2 of 5 Agenda Item No. 8e December 11, 2007 Page 3 of 145 8UBJeCTIlTE ACTIVITY l:f!NTER 113 'F=1 f--, ...... 1 ~ .', ft~f~ o.~. ..1 ._,. .1' '.' ! ! 1 - , ,I -, " I I .d_.j I.l5GEND I!.:L.L '~'_C'''''' ! Proposed expansion of the Activity Center #13 FINDINGS AND CONCLUSIONS: Based upon review of this petition, including the supporting data and analysis submitted by the petitioner, staff makes the following findings and conclusions. There is no analysis of impact upon the Industrial inventory. The loss of ten acres is not significant. However, staff is concerned about the possible cumulative impact over the long term. It is more problematic to establish new industrial designated lands than commercial designated lands. The data and analysis does not fully support the amendment request, as it does not include all properties in the area of study; cost and corporate preferences are not necessarily appropriate factors to determine future land use; and a complete market analysis was not provided. Therefore, adequate demand and justification of the proposed change of land use designation is not supported by the study. . The Traffic Impact Study (TIS) does not account for the most intense existing and future possible uses of the subject site, therefore transportation impacts of the proposed re- designation are not fully addressed in this petition request. However, Transportation Planning Department staff has no objection to the TIS and has determined that transportation impacts can be offset by roadway improvements. The amendment request is compatible with surrounding properties. . There are no Environmental or Public Utility issues regarding this amendment request. CPSS-2007-1, Small GMP Amendment Page 3 of 5 Agenda Item No. se December 11, 2007 Page 4 of 145 FISCAL IMPACT: The cost to process, review, advertise, etc. the private sector petitions is borne by the petitioner via the application fee. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: The petitioner held the required neighborhood information meeting at 6 p.m. on Monday, October 8, 2007. Two neighboring property owners were in attendance. Tim Hancock, Planning Director of Davidson Engineering, gave an overview of the project. The complete NIM summary is included in the Staff Report. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Board did not hear this petition request as there are no environmental issues and an Environmental Impact Study is not required. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard CPSS,2007-1, at their November 15, 2007 meeting. The CCPC voted 8-0 to forward the subject petition to the BCe with a recommendation to transmit to DCA. For informational purposes, the CCPC also recommended approval of the companion rezone petition subject to the following conditions: 1. The developer shall design permit and provide right-of-way sufficient for an additional eastbound left turn lane on J&C Boulevard prior to the approval of a certificate of occupancy for this site. 2. All right-of-way that is necessary to construct the J&C Boulevard and Airport-Pulling intersection improvements, required by the Transportation Division, shall be conveyed by the developer in fee-simple title, free of any encumbrances or liens, to the Board of County Commissioners upon the Transportation Division's approval of the J&C Boulevard improvement plans. The boundaries of the required right-of-way shall be defined during the review and approval process for the intersection improvement plans. The date for this conveyance shall be determined at the time of said approval. 3. Any proposed cross-section for J&C Boulevard is considered conceptual and shall require final approval by the Transportation Division. The Transportation Division must approve all costs estimates related to the project before such an amount can be utilized for impact fee credits. 4. The development must extend the eastbound right turn lane on J&C Boulevard +/- 70 feet and shorten the turn lane entry taper to a length of 50 feet. The middle site access must align perpendicularly to J&C Boulevard and must not connect to taper for the turn lane. The final horizontal layout for the intersection of J&C Boulevard and Airport-Pulling Road shall require final approval by the Transportation Division. 5. Approval shall be subject to the adoption of the companion small scale comprehensive plan amendment, a finding of "in compliance" by the Department of Community Affairs CPSS-2007-1, Small GMP Amendment Page 4 of 5 Agenda Item No. se December 11, 2007 Page 5 of 145 (DCA) of said amendment, and the running of the time in which an affected person can file a challenge to the DCA finding. There was one speaker at the CCPC meeting expressing concerns about traffic impacts of this project. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed and approved by the Office of the County Attorney. This Growth Management Plan amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Local Government Comprehensive Planning and Land Development Regulation Act, and by local Resolution No. 97-431, as amended. STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) not adopt and transmit petition CPSS-2007-1 to the Florida Department of Community Affairs (DCA). PREPARED BY: Carolina Valera, Principal Planner Comprehensive Planning Department CPSS-2007-1, Small GMP Amendment Page 5 of 5 Item Number; ttemSummary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 10f1 Agenda Item No. 8e December 11,2007 Page 6 01145 8e CPSS-2007,1 Petition requesting a small scale amendment to the Future Land Use Map Series of the Growth Management Plan, to show an I!lcrease in acreage of 9,95 acres tor Activity Cenlernumber 13, The subjectproperlies, containl!lg9 95 acres, is located at the southwest corner of Airport Pulling Road and J & C Boulevard, In Section 11, Township 49 South, Range25 East CollierCounly, Florida 12/11/2007900'00 AM Date Prepared By Carolina Valera Community Development & EnvironmentalSe.vices Urban Design Planner Zoning & LlInd Development Review 11120120075:17:12 PM Approved By Date Joseph K. Schmitt Community Development & EnvironmentatServices Community Development & EnviranmentalServicesAdminstrator Community Development & Environmental Se.vicesAdmin. 11121120077:04PM Approved By Randall J. Cohen Community Development & EnvironmentalServiees Comprehensive Planning Department Director ComprohensivePlanning p~, 11126120077;Z3AM MarleneStewarl Date Approved By Community Development & Environmental Services E~ecul've Secretary Community Development & Environmental ServieesAdmin 11128120074:ZJPM Date Approved By .JudyPuig Community Development & [nvironmonlnlServices Operat'onsAnalysl Commllnity Development & Environmental Serviees Admin. 111.2BiZ0074:42PM Date Approved By David Weeks. AICP Commllnity Development & Environmental Services ChiefPiann"r Comprehens,vePlanlllng 11129/.2007.2:30 PM Date Approved By Marjorie M. Student.Stirling Assistant County Attorney Approved By County Atlorney County Attorney QffIce 11/29/20074:16 PM OMS Coordinator Date Administrativ()Serv,ces ApplieationsAnalysl intormationTechnology 111JDi20078:00AM Approved By Mark Isackson County Manager's Office Budget Analyst Offiee of Management & Budget Date 11130/20079:20AM Date Approved By JamesV. Mudd Board ofColJnty Commissioners Counly Manager County Manager'sOffiee 12/4120073:26 PM 12/5/2007 file:IIC:\AgendaTest\Export\94~December%J.O 11. %202007\08. %20ADVERTISEDO/020PU.. Agenda Item No. se December 11, 2007 Page 7 of 145 Co~T County - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: NOVEMBER 15, 2007 FROM: PETITION CPSS-2007-1, Naples Mazda Small Scale Growth Management Plan Amendment [not part of 2007 Cycle of GMP amendments - exempt from twice per year amendments to GMP per Section 163.3187(1)(c), Florida Statutes]. (ADOPTION HEARING) RE: APPLICANT/OWNER: Jonathan Myers and Thomas Myers Myers Enterprises of Naples, LLC and Naples Dodge, Inc. 6381 Airport Road Naples, FL 34109 AGENT: Tim Hancock, AICP Davidson Engineering, Inc. 2154 Trade Center Way, Suite #3 Naples, FL 34109 GEOGRAPHIC LOCATION: The subject properties, containing :t9.95 acres, are located at the southwest corner of Airport Pulling Road and J & C Boulevard intersection, in Section 11, Township 49 South, Range 25 East, and is located within the North Naples Pianning Community. Zoning Map I " I. i . I i I i ~-- I :1 ';1 "l "1 ~. . "I;' "1"1" "I J "j ." .". ...-,-"~. lJ" 1,+ " "t~~-'--^-1-" "' ",,.! l' ~ C()f!POP~ 1..fV . ...__.~.- ,C04 ,I" SubjectSI!. ~. />'- . -------;'];~_. 'if , I 5r<y,:-4 cpuo...." PI>lE AlP LAKES " . REQUESTED ACTION: Agenda Item No. se December 11 , 2007 Page 8 of 145 This petition seeks to amend the Countywide Future Land Use Map (FLUM) Series of the Growth Management Plan (GMP) by expanding the boundary of the Activity Center #13 map to include the subject properties, and consequently amending the FLUM to reflect a reduction of the boundary of the Urban Industrial District. [Note: Current Activity Center #13 map appears below. The proposed amendment is shown in hatch pattern format.] IU~.-rf: ACTIYITY CENTER liS .f~ 0"" Ll!IU!ND .." '"'''''.C;''''' ~ :::;,:,~~,:,,,,~.:-'~y._! ,_. .__ '_._m j ::;"'~; ~;;..,:;' '~,:";':':';-'" ....0' "-oj The subject petition is submitted as a "small scale" plan amendment. As such, per Florida Statutes, the request is only heard once by the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC), where it is either approved or denied. The petition is not transmitted to DCA for preliminary review and comment then subsequent adoption hearings by the ccpe and the BCC. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, as identified below, followed by staff comments in brackets []. a) Parcel is::. 10 acres in size [subject site, including five parcels, is :t9.95 acres]. b) Property was not granted a land use change within prior 12 months [no land use change has been requested or granted within this time]. 2 Agenda Item No. se December 11, 2007 c) Proposed amendment does not involve the same owner's property within p~gc5f 145 property granted a change within last 12 months [no such change has taken place within 200']. d) No text change to the goals, objectives and policies is involved, only a site specific land use amendment to the future land use map series [petitioner only requests land use map changes to the Activity Center #13 map and consequently, the FLUE map]. e) Site is not within an Area of Critical State Concern (ACSC) for residential land use, density limit of 10 units or less per acre except for small scale amendments that are designated in the local comprehensive plan for urban infill, urban redevelopment, downtown revitalization, transportation concurrency exception areas, or regional activity center and urban central business district [the site is not in the ACSC, the request is for inclusion in a Mixed Use Activity Center; commercial uses are anticipated]. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to change the future land use designation of the subject properties from Urban-Industrial District to Urban-Commercial District, Mixed Use Activity Center Sub-district in order to expand the existing automotive sales faCility by :1:1.83 acres for a total of :t9.95 acres. The existing automotive sales facility is zoned C-4, Commercial General, whereas the :t1.83 acres additional lands (iots 22, 23, 24, and 25) are zoned Industrial. The :t1.83 acres are within the J&C Industrial Park and border, to the north, the existing Dodge dealership. Retail commercial Is prohibited within the Urban Industrial District. Relative to the existing Dodge dealership site, the GMP (Urban Industrial District in FLUE) deems this property to be consistent with the FLUE because of an exemption for C-5 and C-4 properties that were located on the perimeter of the Urban Industrial District and which were in existence as of the adoption date, or October 1997. In order to ailow the expansion of the automotive sales faCility use onto lots 22, 23, 24 and 25, a GMP amendment approval is required to change the Urban Industrial District designation of those four lots to Urban Commercial Mixed Use District, Activity Center Sub-district, coupied with a rezone approval from Industrial to C-4. The rezone petition is being requested concurrently with this GMP amendment (Petition RZ-2006-AR-10422). Because these four lots are separated from the existing Mixed Use Activity boundary by the Naples Dodge site, a portion (:t8.12 acres) of that site is included in this amendment. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The greater part of the 9.95 acre subject property is developed and currently occupied by Naples Dodge automotive sales. A Site Development Plan (SDPA-AR-97S2) to include lots 22, 23, 24 and 25 to the existing dealership site is presently under review. Those four lots are presently used as a vehicle storage lot. Surrounding Lands: Comp Plan Designations Zoning Land Use North Urban Industrial District Industrial Industrial uses Urban Commercial District, Pine Air South Mixed Use Activity Center Lakes CPUD Commercial/Retail uses Subdistrict East Urban Mixed Use District, RMF-12 Airport-Pulling Road and then Urban Residential Subdistrict multi-family condominiums West Urban Industrial District Industrial Industrial uses 3 Agenda item No. se December 11, 2007 145 AERIAL STAFF ANALYSIS: Comprehensive Plan Amendment Data and Analysis Requirements: Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J-5.005 "General Requirements" delineates criteria for plan amendments in sub-section 9J-5.005 (2) "Data and Analysis Requirements." Sub-section 9J-5.005(2) states in part that "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. . . the Department will review each comprehensive plan [amendment] for the purpose of determining whether the plan [amendment] is based on data and analyses described in this Chapter and whether data were collected and applied in a professionally acceptable manner." It is incumbent upon all applicants requesting comprehensive plan amendments to provide supporting data and analyses in conjunction with any relevant support documents. It is not the responsibility of Collier County staff to generate data and analysis for the applicant, although it 4 Agenda Item No. se December 11, 2007 is staffs responsibility to identify any shortcomings in the data and analyses dflflR!\ 1ihgf 145 sufficiency review process and to request additional information that is deemed essential in the review of the submitted request for a plan amendment. Any outstanding deficiencies with respect to data and analyses that may remain at the time of any requisite public hearing are the responsibility of the applicant. A detailed synopsis of the adequacy of the data and analysis for the subject plan amendment is set forth with specificity below, Environmental Impacts: Environmental Services staff notes that there are no environmental related GMP issues associated with this petition request. Traffic Capacitv/Traffic Circulation Analvsis Impacts: Transportation Division staff has reviewed this petition request and notes that the GMP amendment request is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. The Traffic Impact Statement (TIS) provided by the applicant, and dated September 20, 2007, notes that the immediate impact of the proposed use on the subject site would generate 317 additional daily trips. The study is based on existing and proposed uses. During sufficiency review, staff requested the petitioner to provide a TIS for more intense commercial uses that could be allowed in the Mixed Use Activity Center designation; the petitioner chose not to provide such study and analysis. In accordance with the TIS, capacity for the next five year planning period for the segments on Airport Road (C.R. 31) is anticipated to continue to operate within the Performance Standard Maximum Service Flow rates and growth rate established by the Collier County Transportation Planning Department. As for the J&C Boulevard, the document notes that capacity would not be available if the proposed use is approved, and thus, improvements are needed to mitigate the projected traffic impact. The TIS provides an alternative method to calculate the projected capacity. This aiternative method shows that capacity is available for all segments of the affected roadways if the proposed use is approved, but this estimation is not based on the data used by the Transportation Planning Department, therefore is not part of this staff report analysis. As part of the rezone petition, Transportation staff added stipulations for roadway improvements to offset the projected traffic impact of the proposed use. Public Facilities Impacts: Public Facilities Staff reviewed the petition and provided the following comments: No objection. The project location is within the Collier County Water & Sewer District Service Area. Per GIS, there is an existing 16" water main and 20" force main on Airport Pulling Road. The project shall be required to comply with the current Utilities Ordinance No. 2004-31 and is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier eounty Utilities Division. The petitioner did not address LOSS impacts upon Parks or Solid Waste with data and analysis. No Impacts upon Parks facilities are anticipated as the subject petition request is non- residential; and, it has been noted in other recent GMP amendment petition staff reports that there is adequate landfill capacity beyond 2020. 5 Appropriateness of ChanQe: Agenda Item No. se December 11, 2007 Page 12 of 145 The existing Dodge dealership is adjacent to the south of the Pine Air Lakes PUD. This MPUD allows commercial retail and office uses, including automotive sales. The inclusion of the subject sites to Activity Center #13 would remain compatible with this MPUD and to the C-4 and Industriai zoned properties to the west. The multi-family residential use to the east is separated from the subject site by Airport-Pulling Road. This arterial road creates a significant physical separation between these uses. The full array of commercial uses allowed in the Activity Center #13 would remain compatible to the Industrial uses to the north. As stated before, the existing Dodge dealership site Is within the Urban Industrial District. That site was rezoned to C-4 at a time when the Urban Industrial District allowed C-4 and C-5 zoning along the perimeter of that District. Despite the fact that the proposed designation of the subject site would remain compatible to the surrounding properties, this change would reduce the Industrial inventory In the County by almost 10 acres. The applicant did not submit an analysis in regards to this impact. The table below shows that commercial use is already a significant component in the Industrial inventory within the North Naples Planning Community (area #1 on map below). It is far more problematic establishing new areas of Industrial designation than new areas of Commercial designation. Historically, the County has amended the LDC to remove commercial uses from the Industrial zoning district so as to allow the I-zoned lands to be developed with Industrial uses. tlfND"YCt'lJNTY ~,~.- PLANNING COMMUNITIES COLLIER COUNTY FLORIDA l LEECOUNTl , , ~ . ~ ."_11'.. C:O..III1'T". ~.. 1.__....... ......-..- 01____ 4_.MrI'....... &-~..- II.M", 7_____ ._aII""_ 1-._- 10____ lI_..rr_ ._u___. HENDI't~ ~OUN1~ Ii! B <;) \'.. ...., . ...1'O'l$t'"-''' ..It'""~'" _ TO 1oW..."",.un"',Ml . , 7 . l II o - '" ~ " ~. n o ~' '''''....'''..''(\4.''' 6 2005 INDUSTRIAL INVENTORY SUMMARY , a8~ 'v v, 1 I 1 ~Q!t1:~N~~k~~ibA~N!N~,SQ~~[!itti't;?ili!;.~BIgi.LiS;" 1 TOTAL BUILDING SQUARE FEET - 2005 4,947,6521 TOTAL BUILDING SQUARE FEET - 2003 4,703,0111 TOTAL BUILDING SQUARE FEET - 2001 4,291,596 SF INeREASE - 1996-2001 669,612 ! TOTAL BUILDING SQUARE FEET -1996 (Adjusted) 3,621,984i TOTAL AeREAGE - 1996 (Adjusted) 1 745 TOTAL ACREAGE - 2001 746 TOTAL ACREAGE - 2003 722 TOTAL ACREAGE - 2005 797 Land Uses within Industrial Zoned Properties 2005 TOTAL SFI 2005 TOTAL ACRES RESIDENTIAL LAND USES 29,853' 10.47 eOMMERCIAL eONDO LAND USE 257,831 ' 31.19 eOMMERCIAL LAND USES 602,883 97.28 VAeANT INDUSTRIAL LAND USE 0 170.27 INDUSTRIAL LAND USES 4,023,409 411.28 INSTITUTIONAL LAND USES 7,320 0.81 ----..-, . . ..~.._--~---~ GOVERNMENT OFFleE LAND USES 23,796 70.19 UTI UTI ES 2,560 3.29 OTHER 0 2.34 Agenda Item No. 8e December 11. 2007 45 In the "Site Location and Data and Analysis", the applicant supports the re-designation of the subject site based on specific needs: size, zoning, access and visibility to potential customers. This analysis is limited to certain properties and no market study was provided. Cost and corporate preferences are also deciding factors of this study; however, these are resources that can not be accounted to determine future land use. The data and analysis document study is limited to a five mile radius, and to properties to the north and northwest of the subject site. Notably excluded is any analysis of vacant tracts within Pine Air Lakes PUD, which allows auto dealerships use; perhaps this is due to visibility concerns. Though the focus of the petition is on commercial zoning for an auto dealership, the requested Mixed Use Activity Center designation would allow the full array of commercial zoning (C-1 thru C-5), such as residential uses, institutional uses, recreational uses, and community facility uses. However, given its location and surrounding zoning and land uses, commercial development seems most likely. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The petitioner held a neighborhood information meeting at 6pm on Monday, October 8, 2007 at the Italian-American Club at 7035 Airport-Pulling Road, North. Two neighboring property owners were in attendance: Sam Smart and Robyn Petasky. Representing the applicant, Davidson Engineering, was: Tim Hancock (Planning Director) and Michelle Tamayo (Planning Technician). Representing Collier County staff were Willie Brown (Principal Planner - Zoning), Chris Brown (Senior Planner - Comprehensive Planning), and Everildo Ybaceta (Citizen Liaison), and representing owners, Myers Enterprise LLC, was Tom Myers. Mr. Tim Hancock gave an overview of the project. Highlights of the meeting are as follows: . Presenter, Tim Hancock, said the petition request involved two parts: (1) a small scale GMP amendment designating a 10 acre tract as commercial, and (2) a rezone of :t1.83 acres from Industrial (I) to General Commercial (C-4). 7 . Agenda Item No. se December 11, 2007 The purpose of the commercial designation and rezone is to establish a site f6raRraUegf 145 Mazda which would include sales, service, and parts. Sitting adjacent to the proposed Naples Mazda site is Naples Dodge. Myers Enterprise LLC would be the parent company for both Naples Dodge and Naples Mazda. Features of the site would include buffers extending from Naples Dodge continuing along Airport Road and around J&C Boulevard to the end of the site. Access points (or curb cuts) along J&C Boulevard would be reduced from the existing six to three, and interconnections would be established between the Naples Mazda and Naples Dodge lots. (No new access points would be created.) The site would contain more greenery and open space as a result of architectural and landscape requirements. All storm water runoff would be contained on-site and re-directed toward nearby storm water drainage facilities. Major traffic issues involve improvements to the J&C Boulevard and Airport Road intersection. A lane addition on J&C Boulevard directing traffic northward onto Airport Road would be needed, and a dedication of land on the Naples Mazda lot to accommodate the lane addition is currently being negotiated between the petitioner and County Transportation Department. The meeting was adjourned at 7:15pm. . . . . . . . (Synopsis provided by the Citizen Liaison, Everildo Ybaceta). Please note that the NIM was advertised for both the subject GMP amendment and the rezone petition (RZ-2006-AR-10422). FINDINGS AND CONCLUSIONS: Based upon review of this petition, including the supporting data and analysis submitted by the petitioner, staff makes the following findings and conclusions. The appropriateness of the amendment request is limited to compatibility to surrounding properties. The data and analysis does not fully support the amendment request, as it does not include all properties in the area of study; cost and corporate preferences are not necessarily appropriate factors to determine future land use; and a complete market analysis was not provided. Therefore, adequate demand and justification of the proposed change of land use designation is not supported by the study. . There is no analysis of impact upon the Industrial inventory. . Transportation impacts can be offset by roadway improvements. However, the TIS does not account for the most intense existing and future possible uses of the subject site, therefore transportation impacts of the proposed re-designation are not fully addressed in this petition request. There are no Environmental or Public Utility issues regarding this amendment request. EAC RECOMMENDATION: The Environmental Advisory Board did not hear this petition request as there are no environmental issues and an Environmental Impact Study is not required. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the County Attorney. STAFF RECOMMENDATION: That the Collier County Planning Commission forward the Naples Mazda small scale amendment (Petition CPSS-2007 -1) to the Board of County Commission with a recommendation not to transmit to the Florida Department of Community Affairs. 8 Agenda Item No. se December 11, 2007 Page 15 of 145 PREPARED BY: DATE: CAROLINA VALERA, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: DATE: DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: DATE: RANDY COHEN, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: DATE: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: DATE: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PETITION NO.: epSS-2007-1 Staff Report for the November 15, 2007 eepe Meeting. NOTE: This petition has been advertised for the December 4,2007, Bee Meeting. COLLIER COUNTY PLANNING COMMISSION: DATE: MARK STRAIN, CHAIRMAN G: Comprehensive/NaleralCPSS-07-1/CPSS-2007-1 Staff Report 9 CIVll ENGINEERING. PLANNING. tAND DEVELOPMENT SERVICES Agenda Item No. se December 11, 2007 Page 16 of 145 De DAVIDSON ENGINEERING Proposed Small Scale Growth Management Plan Amendment for Naples Mazda/Naples Dodge 6381 Airport Road Naples, FL 34109 Application to Amend the Collier County Growth Management Plan Growth Management Plan Objectives and Policies Justifications PREPARED BY: Davidson Engineering, Inc. Tim Hancock, AICP 2154 Trade Center Way, Suite 3 Naples, FL 34109 239-597-3916 tim@davidsonenaineerina.com March 12,2007 2154 Trade Center Way, Suite #3 . Naples, Florida 34109 . Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonengineerinQ.com Agenda item No. se December 11, 2007 Page 17 of 145 DE DAVIDSON ENGINEERING Naples Mazda: Proposed Small Scale Growth Management Plan Amendment The proposed Small Scale Growth Management Plan Amendment (SSGMPA) complies with the following criteria set forth by the State of Florida Statutes; Chapter 163.3187 - Amendment of Adopted Comprehensive Plan. The following criteria have been reviewed and effectively responded to: (c) Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions: 1. The proposed amendment involves a use of 10 acres or fewer and: a. The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government shall not exceed: (I) A maximum of 120 acres in a local government that contains areas specifically designated in the local comprehensive plan for urban Infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380,06(2)(e); however, amendments under this paragraph may be applied to no more than 60 acres annually of property outside the designated areas listed in this sub-sub- subparagraph. Amendments adopted pursuant to paragraph (k) shall not be counted toward the acreage limitations for small scale amendments under this paragraph. (II) A maximum of 80 acres ili a local government that does not contain any of the designated areas set forth in sub-sub- subparagraph (I). (III) A maximum of 120 acres in a county established pursuant to s, 9, Art. VIII of the State Constitution, ReSDonse: The subiect orooertv Is 9.95 acres in area and does not trlooer the aforementioned thresholds. Agenda Item No. se December 11, 2007 Page 18 of 145 DE DAVIDSON ENGINEERING b. The proposed amendment does not involve the same property granted a change within the prior 12 months. Response: The subiect DroDertv has not aDD/ied for or been Dranted a GMPA within the Drior 12 months. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. Response: The sublect DroDertv or anv DroDertv owned bv the aDDlicant/owner within 200 feet of the subiect DroDertv has not aDD/ied for or been aranted a GMPA within the Drior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site- specific small scale deveiopment activity. Response: The DroDosed GMP amendment does not Involve a text chanDe. but rather a land use chanDe on the Countvwide Future Land Use MaD fFLUMJ and the maD for Activitv Center #13. e. The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420,0004(3), and is located within an area of critical state concem designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). Such amendment is not subject to the density limitations of sub-subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under s. 380.05(6). Response: The subiect DroDertv is not located within an area of critical state concern. f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre or the proposed future land use category allows a maximum residential density of the same or less than the maximum residential density allowable under the existing future land use category, except that this limitation does not apply to small scale amendments involving the construction of affordable housing Agenda Item No. se December 11, 2007 dee45 DAVIDSON ENGINEERING units meeting the criteria of s. 420.0004(3) on property which will be the subject of a land use restriction agreement, or small scale amendments described in sub-sub-subparagraph a.(I) that are designated In the local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e), Response: This application does not involve the deve/ooment of a residential/and use. 2. a. A local government that proposes to consider a plan amendment pursuant to this paragraph is not required to comply with the procedures and public notice requirements ofs. 163.3184(15)(c) for such plan amendments if the local government complies with the provisions in s. 125.66(4)(a) for a county or in s. 166.041 (3)(c) for a municipality. If a request for a plan amendment under this paragraph is initiated by other than the local government, public notice is required. Response: The aoolicant sha/I be resoonsib/e for the oublic notice reauirements in accordance with BPproorlate orocedures. b. The local government shall send copies of the notice and amendment to the state land planning agency, the regional planning council, and any other person or entity requesting a copy. This information shall also include a statement identifying any property subject to the amendment that is located within a coastal high-hazard area as identified in the local comprehensive plan. Response: No oortion of the subiect orooertv is within a coastal hiah- hazard area. 3. Small scale development amendments adopted pursuant to this paragraph require only one public hearing before the governing board, which shall be an adoption hearing as described in s. 163.3184(7), and are not subject to the requirements of s. 163.3184(3)-(6) unless the local government elects to have them subject to those requirements. 4. If the small scale development amendment involves a site within an area that is designated by the Governor as a rural area of critical economic concern under Agenda Item No. se December 11, 2007 Page 20 of 145 De DAVIDSON ENGINEERING s. 288.0656(7) for the duration of such designation, the 10-acre limit listed in subparagraph 1. shall be increased by 100 percent to 20 acres, The local government approving the small scale plan. amendment shall certify to the Office of Tourism, Trade, and Economic Development that the plan amendment furthers the economic objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to the plan amendment shall undergo public review to ensure that all concurrency requirements and federal, state, and local environmental permit requirements are met. Response: The subiect orooertv Is not located within an area that is desiGnated bv the Governor as a rural area of criticat economic concern. The proposed Small Scale Growth Management Plan Amendment (SSGMPA) also furthers the vision of the Collier County's Future Land Use Element. The following Objectives and Policies have been considered in this application: Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's AgriculturaliRural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of publiC facilities and services. Response: The orooosed SSGMPA does not contribute to urban sorawl. The subiect orooertv Is within the existinG urban service area and wilt not reGuire any soecia! or additional costs to orovide necessary services. The orooertv has been utilized for commercia! and industria! ourooses in the oast. The orooosed !and uses will o/ace no Greater burden on community facilities than did odor uses of the oroDertv, Agenda Item No. se December 11, 2007 Page 21 of 145 'DE DAVIDSON ENGINEERING Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102, adopted October 30, 1991, as amended. Response: The subiect propertv is compatible with and comp/imentarv to its surroundinoland uses. Surroundino commercial and industrial land uses include: North: Use Carpet Retailer, Auto Repair and Industrial Zoning I East: Residential (across a 6-lane roadway.) RMF-12 South: Commercial - Retail CPUD West: Auto Sales, Industrial I The subiect propertv Is also immediatelv adiacent to the Pine Ridoe Road/ Airport Road Activitv Center. Policy 6,1 Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies, of this Element. Response: The subiect proDertv is within the Northwest TCMA. Bv auamentlno the existlno Activitv Center #13 northern boundarv, a successful SSGMPA would at/ow the subiect proDertv to devetop commerciat/v to Dermit an automotive sales facilitv in this location. The future Infill develooment is consistent with Obiective 5 of the Future Land Use Element to the deoree that It oertains to non-residential develooment and land uses. Agenda Item No. se December 11, 2007 Page 22 of 145 DiE DAVIDSON ENGINEERING Policy 6.5 All new development, infill development or redevelopment within a Transportation Concurrency Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conservation and Coastal Management Element. Response: The sublect property is located in Section 11, Township 49S, and Ranae 25E. As depicted on the attached Archaeoloalcal Probability Map, there are no areas of archaeoloaical probability within Section 11. Therefore, no survey and assessment Is reQuired and a walyer has been submitted, Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Response: The proposed SSGMPA Is a companion petition to a commercial rezone that will provide appropriate interconnections to the property to the south. -- Agenda Item No. se December 11, 2007 Page 23 of 145 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PETITION NUMBER C/lc:.f, 2-D;;? -( DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT PLANNER ASSIGNED: COMMISSION DISTRICT: [ABOVE TO BE COMPLETED BY STAFF] This appliCation, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (941)403-2300; Fax: (941)643- 6869. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A Name of Applicant(s): Mvers Enterorises of Naoles, LLC & Nao/es Dodae, Inc. Company Mailing Address: 6381 Airport Road City: Nao/es State: FL Zip Code: 34109 Fax Number: (239) 513.1720 Phone Number: (239) 594.2100 B. Name of Agent': Tim Hancock, AICP 'THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm: Davidson Enaineerina Mailing Address: 2154 Trade Center Wav, Suite #3 City: NBD/es State: FL Zip Code: 34109 1 02/2002 Ag'enda Item No. se December 11, 2007 Page 24 of 145 Phone Number: (239) 597.3916 Fax Number: (239) 597.5195 Email Address:timrcD.davidsonenaineerina.com C. Name of Owner(s) of Record: Mvers Enterprises of NaD/es, LLC & NaD/as Dodae, tnc. Mailing Address: 6381 AirDort Road City: NaD/es State: FL Zip Code: 34109 Fax Number: (239) 513.1720 Phone Number: (239) 594.2100 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. 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, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. '. Name and Address, and Office Percentaae of Stock Naples Dodoe Inc. Jonathan Mvers. President Thomas Mvers, Vice President 50% 50% Mvers Enterprises of Naples. LLC Thomas Mvers, President Jonathan Mvers. Vice President 50% 50% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the tnust with the percentage of interest. Name and Address Percentage of Interest 2 02/2002 Agenda Item No. se December 11, 2007 Page 25 of 145 D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general andlor limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address '. G. Date subject property acquired (x) leased ( ): Terms of lease vrs/mos. 1. Folio Number(s): 00242360003 (March, 1997) 2. Folio Number(s): 00250720004; 00245040003; 00244680008; 00249240003 (March 8, 2006) If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date H. NOTE: Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3 02/2002 Agenda item No. se December 11, 2007 Page 26 of 145 III. DESCRIPTION OF PROPERTY A. Legal Description: Please see attached sUlvev B. Section: 11 Township: 49S Range:25E C. Tax I.D. Number (Folio #): 00242360003: 00250720004: 00245040003: 00244680008:00249240003 D. General Location: SW corner of Airport Road and J&C Boulevard E. G. Planning Community: North Naptes F. TAZ: 117 Size in Acres: i: 9,95 ac H. Zoning: C-4 and I I. Present Future Land Use Map Designation (s): Urban Industrial IV. TYPE OF REQUEST A. Growth Management Plan Element(s) OR Sub-Element(s) to be amended: Future Land Use Immokalee Area Master Plan Transportation . Coastal & Conservation Intergovernmental Coord. Sanitary Sewer Drainage Golden Gate Area Master Plan Capital Improvement Housing Recreation & Open Space Potable Water Solid Waste Natural Groundwater Aquifer B. Amend Pagers) of the Element As Follows: ( Use Cross throughs to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: C. Amend Future Land Use Map(s) designation, FROM: Urban Industriat TO: Mixed Use Activitv Center [If new District andlor Sub-district proposed, include Future Land Use Map with legend depicting it]. D. Amend other Map(s) and Exhibits as follows: (Name & Page #) Modifv Activitv Center #13 to inctude the subiect prooertv 4 02/2002 Agenda Item No. se December 11, 2007 Page 27 of 145 E. Describe additional changes requested: Modifv the County-wide Future Land Use Map (FLUM) fa include the property into the Mixed Use Activitv Center. V. REQUIRED INFORMATION Note: All Aerials must be at a scale of no smaller than 1" = 400', At least one copy reduced to 8 % x 11 shall be provided of all aerials andlor maps. A, LAND USE 1. 2S X 2S Provide general location map showing surrounding developments (PUD, DRI'S, existing zoning) with subject property outlined, Provide most recent aerial of site showing subject boundaries, source, and date. Provide a map and summary table of existing land use and zoning within a radius of 500 feet from boundaries of subject property. 2. 3. B, FUTURE LAND USE DESIGNATION 1, 2S Provide map of existing Future Land Use Oeslgnation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property, C, ENVIRONMENTAL 1. NIA Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FOOT- FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEMM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AEIRAL IN "A" ABOVE. 2, NIA Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site andlor known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.). 3. NIA Identify historic and lor archaeological sites on the subject property. Provide copy of County's Historical/Archaeological Probability Map and correspondence from Florida Department of State. 5 02/2002 Agenda Item No. se December 11, 2007 Page 2S of 145 E. GROWTH MANAGEMENT Reference 9J-11.006, FA.C. and Collier County's Capital Improvement Element Policy 1.1.2 (Copies attached). INSERT "YO FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: 1 . No Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1 )(a)7.a, FAC.) If so, identify area located in ACSC. 2. No Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380, F.S.? 3. Yes Is the proposed amendment directly related tot a proposed Small Scale Development Activity pursuant to Subsection 163.3187(1)(c), F.S.? (Reference 9J-11.006(1)(a)7.b, FAC.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Does the proposed land use cause an increase in density andlor intensity to the uses permitted in a specific land use designation and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district/subdistrict? (Reference Rule 9J-5.006(5) FAC.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, FAC.). E. PUBLIC FACILITIES 4. No 5. No '. 1. ~ Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on that Standard, for each of the following public facilities: a) ~ Potable Water: The subiect property shalt be served bv the exist/na County potable water system serv/na the area. The sub/ect Droperty is currentlv utiliz/na the system and the future deve/oDment will not adversely affect the ex/stina LOS. b) ~ Sanitary Sewer: The sub/ect proDerty shall be served by the ex/st/na sanitary sewer service and will not adversely affect the ex/st/na LOS. 6 02/2002 -. Agenda Item No. se December 11. 2007 Page 29 of 145 c) 2S Arterial & Collector Roads: Name of specific road and LOS Airport Road. LOS: C d) 2S Drainage The subiect property shaN be served bv the existina drainaae system servino the Naples Dodae Devetopment and the basin servina properties on J&C Boulevard, e) 2S Solid Waste The subiect property shall be served bv the existina sotid waste service servino Naples Dodoe, Additional service will be reauired for Naples Mazda. f) NIA Parks: Community and Reaional: The subiect property shaN not have an effect on the community or reoional park systems. If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1,2 and 1.1.5). 2. 2S Provide a map showing the location of existing services and public facilities that will serve the SUbject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services ). 3. 2S Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. Service Schools: Provider Collier County Schools ChanQe N/A Fire Protection: North Naples Fire no increase EMT Service: North Naples Fire no increase 7 02/2002 Agenda Item No. Be December 11, 2007 Page 30 of 145 F. OTHER 1. Zone X 2. N/A 3. ~ 4. N/A 5. NIA Identify the following areas relating to the subject property: Flood zone based on Flood Insurance Rate Map data (FIRM). Location of wellfields and cones of influence, if applicable, (Identified on Collier County Zoning Maps), Traffic Congestion Boundary, if applicable Coastal Management Boundary, if applicable High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps), G. SUPPLEMENTAL INFORMATION 1. NIA $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. 2. ~ $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. 3. NIA Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) 4. ~ Proof of ownership (Copy of deed). 5. ~ Notarized Letter of Authorization if Agent is not the Owner (see attached form). 6. ~ 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. '. . Maps, aerials, sketches shall include: North arrow; name and location of principal roadways; shall be at scale of 1" = 400' or at a scale as determined during the pre-application meeting; identification of the subject site; legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal-size folder. For all oversized exhibits, at least one copy must be submitted at 8-1/2 x 11 inches. All exhibits and attachments to the petition must include a title and exhibit # or letter, and must be referenced in the petition. 8 0212002 Agenda Item No. se December 11, 2007 Page 31 of 145 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize Ii Wll-l....t1c-o<.--1c.. (Name of Agent - typed or printed) nt in a request to amend the Coiller County Growth Management Plan d ified in the Application. f ( Date: /It>Jbq.. I I '. STATE OF ( \='\,.. ) eOUNTY OF (~O~\E~ ) 7"'.,u.. dayof ~)~\L , 200'1 MY COMMISSION EX C~SE ONE OF THE FOLLOWING: ",he :s pereonally known to me, __ who has produced and as identification did take an Oath did not take an Oath NOTICE - BE AWARE THAT: Florida statute Section 837,06 - False Official Statements Law states that: "Whoever knowingly makes a false statement In writing with the intent to mislead a public servant in the perfonnance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day Jail tenn." 8 02/2002 Agenda Item No. se December 11, 2007 Page 32 of 145 ~ R.tn: CAIDILLO UIfIllf AI. 3550 fAlCUlI1 !R I KlPLIS rL 3(112 (," 3273286 OR: 3414 PG: 2512 DeOIDID lD the omelll UCOID& of COLmR com,. fL 10/06/2003 It 0(;(2.. DrIClf I. BIDet, CIIII COIS oem DDC-.70 1100000.00 15.00 7700.00 SPECIAL WARRANTY DEE)! The name of each person who executed, witnessed or nOlllrized this document must be legibly printed. typewritten or stamped immediately beneath the signature of each person. '" lHlS INDENTURE. made Ihis2 day of DClb~ .2003 by and between AMERlGAS PROPANE. L. P., a Dc:laware limited partnership, having a mailing address of P, O. Box 965, Valley Forge, PA 19482 Hereinafter referred to as GRANTOR. to NAPLES DODGE, INC., a Flori Pulling Road north, Naples, F 3' Hereinafter referred to as G 'ling address of 6381 Airport ;:;. WITNESSETH, that the sai , ($10.00), and other good an ~ ble consideration whereof is hereby acknowledg . th the following described land situat 0 wit: fthe sum ofTen Dollars id by GRANTEE, receipt to the said GRANTEE forever, untyofCollier, State of Florida, to SEE ATTACH6}) EXHl81T A ,YO- This conveyance is subject to ad valorem taxes, mineral interests or mining rights, water rights, zoning and land use restrictions and ordinances, taxes and assessments not yet due and payable, any and all easements, whether public or private, encroachments, restrictions, covenants, conditions, leases or other encumbrances. all reservations and exceptions of record, all prior conveyances,lease5 or transfers of any interests in minerals, including oil, gas and other hydrocarbons. and any such matters as are disclosed in the Commitment for Title Insurance Agenda Item No. se December 11, 2007 Page 33 of 145 OR: 3414 PG: 2513 (Agent File No, OS629M) iuued by First American Title Insurance Company, dated June 25. 2003, and/or other matters or defects as would be shown in a sOlVey of said property. The above described property is Il.u1her subject to a restrictive covenant that shall nm with the land from the date of recording prohibiting the operation of a liquefied petroleum gas sales. storage and/or distribution facility on the property in perpetuity, or in the alternative fur the maximwn period oftime permissible by applicable law, The foregoing restrictive covenant shall not, however, prohibit or restrict the use or storage of liquefied pelroleum gas for the sole consumption of the owner or individual in possession of the property. To be dated. signed, sealed and H. Knauss Vice President- Law COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY "cl J"I-4-I. . The foregoing instroment was acknowledged before me on this ;r:-day of ~ , 2003, by Robert H, Knauss, Vice President -Law of AIneriGas Propane. Inc,. the general partner of AmeriGas Propane. L. p, l1i'~mis5ion Expires Muck " a, of J'$-~' ~.:~~ ./ Notary Public , . ,. :: ;.:.:~~;'(~~?f~.~\ ~.,' ... .. """... . .~.~' . -~':~~/'-::~~;~:~~" ~. -,. - --- . -. .. -. - .. . s '.>- '., .,: ;";,)1 U Uf;.~r. ~irk'''l:.,hrr. N'.tCl.r~' PUb! . ff:cr ~etlt?n T'''"n.. .\I(,r:t'1('1mt!orr C~~nl f .ommlWiIDn f. )\}lirc$ Mar. . 2004 Men....~r. Penrqivalua .l'l..ssooatIOl'lO! N.1tanc.s l Agenda Item No. Be December 11, 2007 Page 34 of 145 ttt OR: 3414 PG: 2514 ttt Property No. POlIn Collier CouIIty 6387 N, Airpon Rood Naples, FL BXHl'lT A Lo124, J "C INDUSTRIAL PARK (an umeenrded pial) in !be North '4 of Section II, ToWlllhip 49 South, Ruae 25 East, mote particularly described as: Conunmcing at !be Wesl \1\ CO!ftI9' of8ection II, To_ . 49 South, Rauae 25 Eas~ Collier County, Florida; Thence along the Weslli... ofSeetion II, NO' eel to the CemeriiDe ofalOld; Tbeace al""ll IIIld centerline N 89" 28' 18" E., 4972.60 0 fi!et lOr a Place ofBeaUmiD&; TheIIce 8 0' 31 ' 42" E., 150.00 ....1; Thence 8 8~ ' 31' 42" W" 150.00 feet; Tbeace N 89' 28' 18" E., 100.00 feet to the Pia '9' ofSectillD II, ToWDSbip49 SouIh, Ran&e 25 East, Collier County, FI i1a. . I, TOWIIShip 49 SolIlb, Ran&e 25 fY' W" 1829,95 feet 10 the O. ThenceS0'31'42"E.,35,01i!e1 :\0 . ~-s'iate Road 8-31; Thence aIons aaid State ~ W., 230.671i!e1; Theoce N 0' 31' 42" W" ofSeclion II, ToWDSbip 49 SouIh, Ruae 25 East, ALSO: Parcel2S, of J " C INDUSTRIA , Eall, Collier County, Florida; centerline ora road; Thence along terline N 89' 28' 18' fora Place of Be8iDniD& ~ Thence N 89" 28' 18" E., 235.07 feet to ~ Roadrigbt-of.way, S 1"09'14"W" 150,06 I 50.00 feel to the Pia.. of BegiDoing, being pan of Collier County, Florida. This_1'n:parelIBy Arld Rctum To: Agenda Item No. se December 11, 2007 Page 35 of 145 *** 3293476 OR: 3441 PG: 0179 *** UCOIllIO III orrrclll U_ ,f COILIII COII'Il. n ll/ll/l1Ol It ":llII DmI! I. IIGCI, CLlU uem 1.00 D1IC-,1O .10 COlliS 1. 00 Christophor Manala, Esq. CARDI/.J..O. KEITH &, BONAQUIST, P.A. 3550 Eat Tomlamllroll Nop"', FL 34112-4999 lea: CUIIIJ.lO UIU ., AL 3511 !IIDII II 1 lULlS n Il1ll Ill! Quit Claim Deed nnsQUlTCLAlMDEED,......OIIlhio If/> day or 4ferr;e..,..- 2003,A.D,__C.JOI>ClI. ofNaplco, Florida, =- coIlod the ClronIor. _ NopIa Dod&e.IDc... Florida C"'llO'"6o.. _ pool olfiee .dchess io 6381 AUport-PullioB - North, Napl.., Florida 34109. _ called tho Onmlee, (Wh=ver _ berein tho....... "Grantor".... "Qnmoe" _ tho pIuraIlfapp1icable.) WITNESSETH- That said ClronIor, fur.... io ....._011 ortho I1IID ofTEN AND NO/IOO (SI0.00) DOlLARS, ODd _ aood ODd _ caosi_ to ClronIor m _ paid by-. tho ....ipt _fio """"'Y.ckbowIedpd, has-. barpioocI.... qul1cleimecl to the _d _ODd Gnmee's boin, 1IICCCI5Ol1l.... onip _. the fOUowior dcoon"bed laod, -.1yiDa.... beiDg in Collior CooDIy, Florida. 10 wit lA>t24, J" C INDtlS'nUALPAlUI: (aD UllI<COIdedplat)iotheNonh IflofSectiOllIl. Towmhip49 SouIh, Raup 25 East, moro particularly_as: r;""",-cma at the Weat 114 co..... of Section II, TDWIIIbip49 Swlb, Raup 25 East,CoIli..-~,FIoricla; 1beacaalcmathe West Iioo or_ _ll,NO" 10' 36" W, 1829,ll5....1O the ........u..of.AIId; TboaccalOOJl _d CODfer1lac, N 89" 28' 18" E. 4972,60 foe! fOr. PUCE OF BI!GINNING: 'IbeIlca COOIioDiog aIcma the Iaat dOlOribodcoune loo.OOfeot; Theoce S 0"31'42. OOfoet; n.....S 89" 28' 18. W, loo.ootilel; 1beoceN 0" 31'42. W, 185.00....10 tbeP....ofB Nonh IflofS......II. TDWIIIbip49 Sou1b, Raup 25 East, Collier Counly, F fOr the road ricItt ofway fOrpulilic ....... mdegress. Folio No.: 00244680008 d dated tho 17" day or April, 1979 in the OIliciaI_BooIt Propeny AddroH: 6387 . This docd ~ givm to coneet ....ferriDg said property 806 at Paso 1188 in the PubH Grantor wum1tS that the TO 1IA VE AND TO HOLD, the IllyWioc~""aIlthe_,ri8bt,tiIle;. "luily, fur the ..., baIcllt .... profit of tbe _d ....... IN WITIIESS WIIEREOF, !be Gnmtor has.ipod.... aoaIcd lheae prell_the clay ODd year fim .bove written. lIPPartenaDCCS Ihercunto bdongina or iD claim wbaIsoever oftbc pIIlIOr. citbcriDl:aw or Si~~ODddcl~ in the . of r?tIf A vn<JJjj, cj- ~ ,.:.I~ DlIDlC: J Slll..",,,, (' J::-....--.... <; 1rcDc C. Jones STATE OF FLOlUDA, COUNI'Y OF COUlEll, 05629M1jQ1lijoolllQr Agenda Item No. se December 11, 2007 Page 36 of 145 ~ 3799638 OR: 3996 PG: 3727 RICORDED in OmCIJ.L RECORDS nf COLLm COBR'f!, 11 03/13/2006 at 08:20AK DfIGBT I, BIOct, CLERK DC m 27.00 DOC-,70 .70 This Instrument Prepared By And Return To: ReU: CARDILLO !lITH I! AL 3550 !AKIAKI !R I KAPLIS lL 3(112 1999 Christopher M""",Ia, Esq. CARDILLO, KEITH & BONAQUIST, P.A. 3SS0 East Tamiami Trail Naples, FL 34112-4999 WARRANTY DEED THIS WARRANTY DEED, made on this (,-11. day of " n A-,., I /... , 2006, between Naples Dodge, Inc" a Florida corporation, of Naples, Florida, hereinafter called the Grantor, and Myers Enterprises of Naples, LLC, hereinafter called the Grantee, whose post office address is 6381 Airport Road North, Naples, Florida 34109, (Wherever ~. ,s "Grantor" and "Grantee" indicate the plural ifapplicable,) (P\-;:::NE~ NOll 00 ($10.00) DOLLARS, tee, the receipt whereof is hereby , conveys and confirms unto the d land, situate, lying and being in Folio No.: This conveyance is subject to real estate taxes for the year 2006 and subsequent years, Grantor warrants that the above-described property is not the homestead of the Grantor nor adjacent thereto. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey this land; that the Grantor hereby fully warrants the title to the land and will defend the same 'against the lawful claims of all persons whomsoever; and that the land is free of all encumbrances, except as otherwise noted herein. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written, Page I of 2. Agenda Item No. se December 11, 2007 Page 37 of 145 OR: 3996 PG: 3728 Signed, sealed and delivered in the presence of: ~~ Thomas Myers, Vice President " .1-7 ~ " ___ ""...... ,T. >?~ /' Witness Printed name: Christopher Marsala ~fssU- j Ie t/J,~' Printed name: Dalila Baez . STATEOFFLORIDA ) COUNTY OF COLLIER) I HEREBY CERTIFY that on thi aforesaid to take acknow!Fdgments, me, Grantor, who is L person identification and acknowledged ef1 . WITNESS my hand anb 0 )."" ^~L . 2006. \~ N ~f. Prin "\ OJ;''. Co '<:'rhE (" PRF.PARF.O AT GRANTOR'S REOUE'St~ WITHOUT EXAMINATION OR LEGAL OPINION OF TITLE 0641SMldb officer duly qualified in the State and County Myers, Vice President of Naples Dodge ~duced as same. f HI... day of ~Jtr,. ~ - . ~j Mrc....~.J J .D0177n1 \':...... E>ph&_OlI,2lI07 Page2of;J- I I 1 I-.. 1.- -" Agenda Item No. se December 11, 2007 Page 38 of 145 *** OR: 3996 PG: 3729 *** Exhibit" A" Folio No. 00244680008 Lot 24, J & C INDUSTRIAL PARK, <an unrecorded plat) in the North II, of Sec:Cion 11, Township 49 South, Range 25 East, more partieularly described as: Commencing at the West 1/4 comer of Section 11, TOWDShip 49 South, Range 25 East, Collier County, Florida; Thence along the West line of Section 11, N 00 10' 36" W, 1829.95 feet to the Centerline of a road; Thence along said centerline, N 890 28' 18" E, 4972.60 feet for a PLACE OF BEGINNING; Thence continuing along the last described course 100.00 feet; Thence S 00 31'42" E, 185.00 feet; Thence S 890 28'18" W, 100.00 feet; Thenee N 00 31' 42" W, 185.00 feet to the Place of Beginning; being part of the North Y. of Section 11, Township 49 South, Range 2S East, Collier County, Florida: Less the Northerly 35 feet thereoffor the road right of way for public ingress and egress. ALSO: Parcel 25, of J & Section 11, Towns along the West line f of a road; Thence 10 S 0031' 42" E.,35 t'" Thence N 890 28' 1 ' 235.07 feet to th Road 8-31; Thence aI id State Road ri feet; Thence 8 890 28' 0.67 feet; to the Place of Beginning, South, Range 25 East, Collier 011 a. I Agenda Item No. se . December 11, 2007 Page 39 of 145 \?) \...-=. 3799639 OR: 3996 PG: 3730 RlCORDID in OFllCI1L RlooRDS of ooLtIll CODRT!. IL 03/13/2006 at 08:2011 DrIGB! I. IIOCI, CLIIK RlC FII 21,00 DOC-,ll ,10 This Instrument Prepared By And Return To: Retn: CAIOILLO um IT AL 3550 !ADW TR I KAPLl8 FL 31112 1999 Christoph~r Marsala, Esq. CARDILLO, KEITH & BONAQUIST, P.A. 3550 East Tamiami Trail Naples, FL 34112-4999 WARRANTY DEED TIDS WARRANTY DEED, made on this .f h..... day of I),);n.< ( {, , 2006, between Naples Dodge, Inc., a Florida corporation, of Naples, Florida, hereinafter called the Grantor, and Myers Enterprises of Naples, LLC, hereinafter ~ ose post office address is 6381 Airport Road North, Naples, Florida 34109, (Wher i\ei antor" and "Grantee" indicate the plural if applicable.) 0 ;:;. That said Grantor, for and other good and valuable co acknowledged, hereby grants, Folio No.: 00250720004 and 00245040003 This conveyance is subject to real estate taxes for the year 2006 and subsequent years. Grantor warrants that the above-described property is not the homestead of the Grantor nor adjacent thereto, TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey this land; that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever; and thai the land is free of all encumbrances, except as otherwise noted herein. Page I of 2 1.- Agenda Item No. se December 11, 2007 Page 40 of 145 OR: 3996 PG: 3731 IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: /:> . ..... -. /";'7/~~ /' Witness Printed name: Christopher Marsala , ,. , ~ CJ_::!... ./-j"~o1 / Witness J Printed name: Dalila Baez ~ WIlNESS my hand 111 (\:J'L GL ,2006, p-u-. day of lie name: Dalila Baez Commission No,: 1/; =-~.: ,0017m' \;:.~ .......__,2007 PREP A RE'O AT GRANTOR'S REOuEsT WITHOUT EXAMINATION OR T ,FGAL OPINION OF TITLE Commission Expires: 064ISM/db Page 2 of 2 ., Agenda Item No. se December 11, 2007 Page 41 of 145 *** OR: 3996 PG: 3732 *** Exhibit " A" Lot 22, J & C INDUSTRIAL PARK, (an unrecorded plat) in tile North Y. of Section II, Township 49 South, Range 25 East, more particularly described as: Commencing at the West 1/4 comer of Section 11, Township 49 South, Range 25 East, Collier County, Florida; Thence along the West line of Section 11, N 00 10' 36" W, 1829.95 feet to the Centerline of a road; Thence along said centerline, N 890 28' 18" E, 4772.60 feet for a PLACE OF BEGINNING; Thence continuing along the laat described course 100.00 feet; Thence S 00 31'42" E, 185.00 feet; Thence S 890 28' 18" W, 100 feet; thence N 00 31'42" W.185 feet to the Place of Beginning; being part of the North % of Section 11, Township 49 South, Range 25 East, Collier County, Florida: Subject to a drainage easement over the Southerly 15.00 feet, with the Northerly 35.00 feet thereof reserved as road right-of-way for public ingress and egress. Commencing at the Collier County, FI ri 1829.95 feet to the en 4872.60 feet for aI descrihed course 10 . W, 100.00 feet; Th pan of the North % 0 Florida. wn hip 49 South, Range 25 East, of ec:tion 11, N 0010' 3(;" W, sai centerline, N 890 28' 18" E, continuing along the laat feet; Thence S 890 28' 18" (4.CE OF BEGINNING, being nge 25 East, Collier County, . ^:39R~2 It9""'" t-I,.., Rr 2310(11 01: 2iirpt1~i~7jt .. iI ..1CIIl __ tf ... -.sf fl "/H/tt It "II... I. ... CUB . . IS." ".ff .M IItll .......fA IUS If U 11M ... III ..&If n KIU tItS CORRECTIVE DEED IN TRUST THIS fNDENTURE WITNESSETH that the Grantor, Joha P. CareWlo, iDcUvlduaJly aacI u Tru.tee. of Naples, Collier County, Florida, for and in conSideration ofTen Dollars (SI0,00) and other valuable colUliderations, receipt of which is hereby acknowledged, does "--by convey and warrant to JONATHAN R. MYERS, u Successor Tl'UJtee, with ....11 power uti autllDrity ~r to protect, couel'Ve, ud to IeII or to IeaJe or to encumber or fl.. 'Ie oftlUa real property, whose mailing address is J550 East Tamiami Trail, Naples, PJoricI& )4112, the followins described real estate in C.ollier County, Florida, to wit: The South 330 feet of the South ~ 49 South, Range 25 East, LESS IS shown in Q,R. Book 569, P Records of Collier County, F. ori ONEOUSLEGAL , PAGE 1454, PUBUC THIS DEED IS BEING DESCRIPTION IN THE RECORDS OF COL --;;: and aid Grantor does hereb the lawful claims of all penD or. ^'- ~ TO HA VB AND TO HOLD ~ punenances on the trusts and for the IIIClI and purpoaes lOt forth in this Deed an t agreement. Full power and authority is granted to the Trustee(s) to: (a) improve, mlll1l8e, and protel;t the prcmu.; (b) COlltraet to sell; (c) grant options to purchase; (d) sell on any terms; (e) convey either with or Without consideration; (f) convey the premises or any pal1to a successor or IUcc:eNOl'J in InIIt and to IJI'IDt to the sU<X:eSSOr or sU<X:eSSOrs in trust all of the tide, estate. powws and IUtborities vested in the Trustee(s); (g) donate. dedicate. mortgage, pledge, or otherwise cnc:umbcr the property, or any part; (b) lease the property, or any part, from lime to time, in pos..lion or reversion, by leues to commence in the present or in the fUlUre. and on any terIIlI and for uy period or periods of time, and to renew or extend leases on any tenns and for any period or periods of time. and to amend, change, or modify leases and the terms and provisiou It uy time; (i) contract to make leases and grant options to 1_ and renew leases, and opliolUl to purcltue the whole or any part of the reversion and 10 contract respecting the manner of fIXing the lDIowrt of present or future rentaiJ; (j) panition or exchqe the property, or laY pIlt. for other real or personal property; and (k) deal with the property and every part in all other ways and for other colUlideration u it would be lawful for any person owning the same to deal with the same, whether similar to or different from the ways above-specified, It uy time. Aaenda Item No. Be uecember I I, LUU f OR: 2t12 fG:aTlfff 145 It is funher provided, thai JONATHAN R. MYERS is a successor Trustee in the event of JOHN P. CARDlLLO's death, incapacity, or resignation as Tiustee, and if JOHN P. CARDILLO should die or ceue to act lIS Trustee for any reason, then JONATHAN R. MYERS, as successor Trustee sh&ll have full power and authority to act alone, having all powers and authority stated herein. If A Trustee shAll cease to act as Trustee, that fact may be established by Affidavit of the Trustee ceuing to act as Trustee, or by Affidavit of a successor Trustee, recorded upon the public record of the county wherein the premises are located and such Affidavit shall be deemed to be conclusive proof of the faclS stated therein. -;: In no case shall any pmy dealing with the Trustee(s) in relation to the property, or to whom the property or any part shall be conveyed, contracted to be sold, leased or mongaged by the TIUstee(S), be obliged to see to the application of any purchase money, rent, or money borrowed or advanced on the property, or be obliged to see that the terms of this trust have been complied with, or be obliged to inquire into the necessity or expediency of any act of the Trustec(s), or be obliged or privileged to inquire into any of the terms of the tlUst agreement; and every deed, tnlst deed, mortgage, lease, or . ment executed by the TlUstee(s) in relation to the real estate shall be conclusive ~ fi'~ ry person relying on or claiming under any conveyance, lease, or ' ment: a 'il'. time of the delivery. the trust created by this conveyance an y.: trust agreement was' u force and effect; (b) that the conveyance or other instrum t w ' co nce 'th t e trusts, conditions, and limitations contained in this on eyance e trus agree nt r in any amendment and is binding on &II beneficiaries (c) a r' and empowered to execute and deliver every 0 er nstrument; and (d) if the conveyance is made to a su essor or successors in trust have been properly appoint tate, rights, powers, authorities, duties, and obli of his or her pred The interest of each and ~t6 of them, shall be only in the earnin disposition of the real estate, and the int to be personal property, and no beneficiary shall have any title or interest, legal or equitable, in or to the real estate as such, but only an interest in the earnings, avails, and proceeds. IN WITNESS WHEREOF, this Warranty Deed 0 Trust by the aforementioned Grantor this ,;1'1 day of ~~~~~~l\~~~ W' . / s) of Land Trust is executed ,1997. Agenda Item No. se tit 01: 2U2D~~tu'tm STATE OF FLOIUDA, COUNTY OF COLLIER, I HEREBY CERTlFY that on this day before me, an officer duly qualified to take acl:nowledgments, personally appeared JOHN P. CARDILLO, Individually and as Trustee, who is ~ personally known to me; or _ who hu produced as identification and acI:nowledged before me that he executed the same. ..... ~rNESS my hand and official seal in the County and State lasl aforesaid this..:!.:!.... day of . I." t.< I ,1997. . My CommillSion Expires: , .-.... t "j ) (SEAL) ( , Preplll'ed By: John P, Cardillo, Esq. CARDILLO, KEITH & 3550 East Tamiami Trail Naples, Florida 34112 (941) 774-2229 PREPARATION OF DEED ONLY NO LEGAL OPINION RENDERED Book 2300 - Page 1454 Agenda Item No. se Decemb€f>J.le j9Qt-1 Page ~of 1~5 :- ,-,-,/ ; " .'" .. - ..;, f..; :..'~':1i"3n' eI:.'M , .' 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IS. .... .1 ~ C' ~ __a. --WI ---- ~1'IVeDJ:EltIN "dW.IJ"I' ,el;. ... '$:;~:':.~' , TBIS INDP.NnJltBWJTNBSSIm{dllltdlon-. .....,.c... F.. r '.....oIf; "."11.. r ..~CoJHerCouDly~RadcII, ....ia._~,Iid&..l~~lornaDallas (Sm.oo).. 08ierVllDJildeCll""w...oi."" 1IlIIipt.1IfwlJicb islilalby...~-~ .. ...."GURafIlllf-. 'lDJOMTBOR.MDRS..-.. 1 kn...,....... ....1f!IIl - .....,......tIl.41ct,1 ...................- .. ,Gr - _ J .r..... po .1$. ......m..g...1s J55&&It'!'laallBll TId. NIpfs, ....UU2, die fi:dIcNiaJ dIIcdtIed IIIIlIlSflfe ill ~Cauaty, PIarida. to wit: 1iIeSoudt.330 feetofthe SoadIliof6le NonldS af* ~ 1/4 of'Sel:lion It, TOIMIIhip -81aa11J,....,zss., U!S5d1c But roofeot fotJtlslHf-Way1llllLES5t11e West UlOOc. .-.irlOJL Baatsw. Pap145,IIIl.~ ill Q,R. BookSlO. "ISO, Pu1JIic it-* of'CoIircCellay, FIorid& 'IID& DIED ISJIIlIN(i .....-. m 00RII1rCf AN DIROIQlOIJ51.vG.U.. ......,..,..~aOft IN TIlE DEBIt RBC.'OttJD IN oa.,.u.. PAGE l454. PUa.lC .. ~~ CWOOUll:RCOIINTY.1ll.OIdDA. ........ 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(j)..04to'" __1II1l....~to____... ....... to ......1bc~..lIIl)'..afdlllileL . ~,... to "OCJIIllIt llJ. r ... 6c If........... .... af'~IIl"6Illnnalllk; a}....~.-Ul' ..!. ...t.''''''.... .,- .......IIIf.t>fI'" ... ~".IIIll(t)doIt ....fll._~ 1Ill.., r-iad 1'1.: 4-11II......., 'fl lIiaa.itWllltJdhelawfbltar.,......_ '..__11I .c....-. -.!oIL L- __ . - -:-........_ _ _ -_. ~.a.-- ......_.a.-.- --.::&lll:... _ __.at.-..... http://www.collieraooraiser.com/viewer/Imal!e.aso? 1 /'~ 1 /?007 -----~----~.._-- -.'--~--""'-'- .- Agenda Item No. se December 11, 2007 PageEtl~lces Civil Enl;Jineering Planning Servic Survey & Mopping Coastal Engineering Real Estate Services Website: www.coastolenglneering.com III / .~", ~'2'~iij~M~1,:k:,~ COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY EXHIBIT "A" PART OF THE "NAPLES DODCE PROPERTY" LEGAL DESCRIPTION A PARCEL OF LAND L YThIG IN TIIAT PART OF THE NORm ONE-HALF OF SECTION II, TOWNSHIP 49 SOUTIf, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PINE AIR LAKES UNIT THREE AS RECORDED IN PLAT BOOK 38, PAGES 25 THROUGH 27 AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA RUN S89008'09"W ALONG THE NORm LINE OF SAID SUBDIVISION FOR A DISTANCE OF 1073.00 FEET; THENCE LEAVING SAID LINE NOoo47'33"E 329.73 FEET TO THE NORm LINE OF THE SOUTIf 330 FEET OF THE soum ONE-HALF OF THE NORm ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION II; THENCE ALONG SAID LINE N89007'3I"E 542.35 FEET TO AN INTERSECTION \VIm THE WEST LINE OF LOT 22 OF J&C INDUSTRIAL PARK, AN UNRECORDED SUBDIVISION L YThIG IN THE NORm ONE-HAI,F OF SAID SECTION 11; THENCE ALONG THE WEST LINE OF SAID LOT 22 NOoo53 '23"W 150.25 FEET TO THE SOVTHERL Y RIGHT OF WAY LINE'OF J&C BOULEVARD; THENCE ALONG SAID RIGlIT-OF-WAY LINE N89006'37"E 535,07 FEET TO THE WESTERLYRIGlIT-OF,WAY LINE OF AlRPORT-PULLINGROAD (C.R NO. 31); THENCE ALONG SAID RIGlIT-OF- WAY LINE SOoo47'33"W 480.38 FEET TO THE POINT OF BEGINNING. BEARINGS BASED ON A GRID BEARING OF S89008'09"W OBTAINED ON THE NORm LINE OF PINE AIR LAKES UNIT THREE AS RECORDED IN PLAT BOOK 38, PAGES 25 TIIROUGH 27 AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 433,854 SQUARE FEET OR 9.95 ACRES OF LAND. NSULTANTS, INC. ON NO. LB 2464 - -. .. _.._----_._---------_.._~----_.~------- 3106 S. Horseshoe Drive, Naples, Florido 34104-6137 . Phone 1239) 643,2324 Fax (239) 643,1143 . E-Mail: info@cecifl.com :~,f::r .;,:r.!,: !~', - " ._~' . Agenda Item No. Be December 11, 2007 Page 48 of 145 CIVil ENGINEERING. PLANNING. LAND DEVELOPMENT SERVICES Die DAVIDSON ENGINEERING Proposed Smaff Scale Growth Management Pfan Amendment for Naples Mazda/Naples Dodge 6381 Airport Road Naples, FL 34109 Application to Amend the Collier County Growth Management Plan EIS Exemption Justification '" PREPARED BY: Davidson Engineering, Inc. Tim Hancock, AICP 2154 Trade Center Way, Suite 3 Naples, FL 34109 239-597-3916 tim@davidsonenaineerina.com March 12,2007 2154 Trade Center Way, Suile #3 . Naples, Florida 34109 . Phone: 239.597.3916 . Fax: 239.597.5195 www.dovidsonFlnnin..........n.... ,..,........ Agenda Item No. Be December 11, 2007 Page 49 of 145 DI:.'E'" 1 I. , . DAVIDSON ENGINEERING Naples Mazda: Environmental Impact Statement (EIS) Exemption Justification The following are the relevant criteria and responses that would for qualify the subject property of the SSGMP A for an Exemption from the mandatory EIS requirements: 10.02.02.A,7. Exemptions. d. Non-sensitive areas. Any area or parcel ofland which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: ]. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. Response: The subiect propertv was previous/v developed and used for Industrial and commercial purposes and Is 100% Impacted. ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code, Response: The subiect propertv was previouslv developed and used for industrial and commercial pUrPoses and is 100% impacted. iii. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. Response: Previous development was nearlv 100% impervious. The proposed proiect will meet reauired water manaaement desian criteria where practical. Agenda Item No. se December 11, 2007 Page 50 of 145 { D".E' . .' . , . , , DAVIDSON ENGINEERING iv. The use andlor development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code, An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. Response: The redevelopment of this site will resutt in improved water oualitv treatment of runoff throuoh an updated water manaoement des/on. v. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. Response: Previous structures have been removed to complv with Collier Countv code and a/l new construction wI/I meet LDC reoulrements. Agenda Item No. se December 11, 2007 Page 51 of 145 De DAVIDSON ENGINEERING CIVil ENGINEERING. PLANNING. lAND DEVELOPMENT SERVICES Proposed Small Scale Growth Management Plan Amendment for Naples Mazda/Naples Dodge 6381 Airport Road Naples, FL 34109 Application to Amend the Collier County Growth Management Plan Site Location Data and Analysis PREPARED BY: Davidson Engineering, Inc. Tim Hancock, AICP 2154 Trade Center Way, Suite 3 Naples, FL 34109 239-597.3916 tim<Ci!davidsonenaineerlnQ.com March 12, 2007 2154 Trade Center Way, Suile #3 . Naples, Florida 34109. Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonenaineerina.com Agenda Item No. se December 11, 2007 Page 52 of 145 DE'" ., : ... 'I . DAVIDSON ENGINEERING Naples Mazda: Site Location Data and Analysis Statement The following statement serves as the required data and analysis to support the Naples Mazda/Dodge SSGMP A. The minimum criteria for alternative site location chosen were the minimum size of 1.5 acres, C-4, C-5 or PUD zoning and access and visibility to potential consumers. The existing location of the subject property meets and exceeds the established criteria that were set forth. Additionally the subject property has been approved by Mazda USA and an alternative site would have to be located in a similar geographic area. For this reason, a five (5) mile radius from the subject property has been utilized. Appended to the end of this report are exhibits containing aerials, zoning maps and tax records in support for each parcel analyzed. Existinl! Site Location Existing Site: Folio #s: Address: Parcel Size: SOUTHWEST CORNER AIRPORT ROAD AND .I&C BOULEVARD 00242360003:00250720004:00245040003:00244680008:00249240003 6381 AIRPORT ROAD 9.95 ac The. existing site is currently owned by the applicant and is immediately adjacent to Activity Center #13. It is currently zoned C-4 - Commercial and I - Industrial and is designated as Industrial District on the Future Land Use Map, To develop the property commercially and ultimately operate the Naples Mazda Automotive Dealership, the applicant would be required to file a Small Scale Growth Management Plan Amendment (SSGMPA) and a companion C-4 rezone on a portion of the site. The SSGMPA's intent is to extend the boundary of Mixed Use Activity Center #13, concentrated in the area of Pine Ridge Road and Airport Road, to include the subject 9,95 acre area, The companion rezone is necessary to develop the vacant portion of the site as a commercial use. Agenda Item No. se December 11, 2007 Page 53 of 145 D,e DAVIDSON ENGINEERING Alternative Site Locations Alternative Site #1: NORTHEAST CORNER TAMlAMI TRAIL AND VANDERBILT BEACH ROAD Folio #: 00177000001 Address: 8930 TAMIAMI TRL N Parcel Size: 2.43 ac The property is located just north of the intersection of Vanderbilt Beach Road and Tamiami Trail (US-41) east ofUS-41. The property is currently zoned C-4 Commercial and is within the Mixed Use Activity Center (Activity Center #5) on the Future Land Use Map. To develop the property commercially and ultimately operate the Naples Mazda Automotive Dealership, the applicant would be required purchase and develop the property according to the dimensional standards of the C-4 District. The property would also be subject to its Future Land Use designation. The property is situated within Activity Center #5, which is also a Master Planned Mixed Use Activity District. Within this district, 80% of the area zoned or developed is eligible for being developed commercially. The property is owned by Mercado Point LLC. And at an asking price of $6 million dollars, the project is not feasible. Alternative Site #2: NORTHWEST CORNER AIRPORT ROAD AND VANDERBILT BEACH ROAD Folio #: 00177121155 Address: NO SITE ADDRESS Parcel Size: 5.91 ac This potential location is located between Galleria Drive and Vanderbilt Beach Road northwest of the intersection of Vanderbilt Beach Road and Airport Road. The property has potential access from Galleria Drive and/or Gallerie Antichi Way, The property is currently zoned PUD (Planned Unit Development) and is designated Mixed Use Activity Center (Activity Center #11) on the Future Land Use Map, To develop the property commercially and ultimately operate the Naples Mazda Automotive Dealership, the applicant would be required purchase and develop the property in accordance with the dimensional standards of the Pelican Marsh PUD District. Within Activity Center I I between 80-100% of the area zoned or developed, is eligible to be developed commercially. Examining the aerials and tax records of the area reveals a split of commercial and office uses, Agenda Item No. se December 11, 2007 Page 54 of 145 De DAVIDSON ENGINEERING While this site is currently vacant of any permanent structures and is properly zoned for the proposed use its restricted visibility and utilization as the POD's retention area for water management eliminates it from consideration as a site for an automotive sales facility. The following sites have been determined un-usable by this data and analysis report. The properties listed have pending Site Development Plans processing and unavailable for sale or development for the intended use. The remainder of the vacant properties examined were intentionally left out of this report due to the fact that their respective POD regulations did not permit the operation of Automotive Dealerships as Permitted, Conditional or Accessory uses. Appended to the end of this report are exhibits containing aerials, zoning maps and tax records in support for each parcel analyzed. Alternative Site #3: NORTHWEST CORNER AIRPORT ROAD AND VANDERBILT BEACH ROAD Folio #: 00177121508 Address: 2355 VANDERBILT BEACH ROAD Parcel Size: 5.32 ac This property is located on Vanderbilt Beach Road approximately 770 feet west of the intersection of Vanderbilt Beach Road and Airport Road on the north side of Vanderbilt Beach Drive, The property is currently zoned POD (planned Unit Development) and is designated Mixed Use Activity Center (Activity Center #11) on the Future Land Use Map. To develop the property commercially and ultimately operate the Naples Mazda Automotive Dealership, the applicant would be required purchase and develop the property in accordance with the dimensional standards of the Pelican Marsh POD District. Within Activity Center 11 between 80-100% of the area zoned or developed is eligible to be developed commercially, Examining the aerials and tax records of the area reveals a mixture of commercial activities within the Pelican Marsh POD; inclusive of retail and office uses, While this site meets many of the evaluation criteria in that it is currently vacant (based on aerials from the Collier County Property Appraiser and Collier County GIS), properly zoned, location in a growing commercial center, it is not under the ownership of the applicant and may be cost prohibitive to acquire. Furthermore, the property is much larger than the proposed project site and has lower visibility i.e. not being located on a corner parcel. Agenda Item No. se December 11, 2007 Page 55 of 145 DE DAVIDSON ENGINEERING A site visit conducted on 3/7/07 shows this parcel as being developed. A new and unoccupied office building has been erected thus making this site unavailable. Alternative Site #4: NORTHWEST CORNER AIRPORT ROAD AND VANDERBILT BEACH ROAD Folio #: 00177121207 Address: 9200 GALLERIA DRlVE Parcel Size: 10.09 ac This potential location is located at the southwest comer of Galleria Drive and Airport Road. The property has access from Galleria Drive and potential access from Airport Road. The properly is currently zoned PUD (planned Unit Development) and is designated Mixed Use Activity Center (Activity Center #11) on the Future Land Use Map. To develop the properly commercially and ultimately operate the Naples Mazda Automotive Dealership, the applicant would be required purchase and develop the properly in accordance with the dimensional standards of the Pelican Marsh PUD District. Within Activity Center II between 80-100% of the area zoned or developed, is eligible to be developed commercially. Although this property meets many of the evaluation criteria it is much larger that the subject property and a properly this size is not required for the intended use. The property also does not grant the same visibility as the subject parcel in that it's not located on a corner. This alternative property also it is not under the ownership of the applicant and would be difficult to acquire. A site visit conducted on 3/7/07 shows this parcel as being partially developed, A new and unoccupied office/retail building has been erected on the western portion of the property thus making this site unavailable, Alternative Site #5: TRIANGLE CORNER PARCEL AT TAM1AMI TRAIL AND OLD TAMIAMl TRAIL NORTH OF WIGGINS-P ASS ROAD Folio #: 00152240006 Address: 14002 OLD US-41 Parcel Size: 15.47 ac This potential location is described as the triangle comer parcel at Tamiami Trail (US-41) and Old US-41 north of Wiggins-Pass Road. The property is zoned C-4 Co=ercial and is designated as Urban Residential Subdistrict on the Future Land Use Map. Agenda Item No. se December 11, 2007 Page 56 of 145 DE DAVIDSON ENGINEER.ING The property is currently in the SDP review process, Agnoli Barber & Brundage, Inc. intends to utilize the 15.47 acre site for a 134,000 sq. ft. furniture store in one building and a 13,000 sq. ft. phannacy in another building wlassociated parking, lake, dry detention area and open space. Due to the fact that the property is in the SDP process, the site is not viable for use. Alternative Site #6: SOUTH OF THE CORNER OF TAMIAMI TRAIL AND WIGGINS PASS ROAD Folio #: 00155040009 Address: ] 3] 01 T AMIAMI TRL N Parcel Size: 3.53 ac This potential location is located south of the intersection of Wiggins-Pass Road and Tamiami Trail (US-41) adjacent to an existing automotive dealership, The property is zoned C-4 Commercial and is designated as Mixed Use Activity Center (Activity Center # 20). This particular property is owned by a direct competitor. The parcel is also currently in the SDP review process, Germain Real Estate Co. LLC intends to utilize the 3.53 acre site for accessory vehicle storage to the existing dealership. ~ Due to the fact that the property is in the SDP process and that the property is located and owned by a direct competitor, the site is not viable for use. Agenda Item No. se December 11, 2007 Page 57 of 145 ---'-"'--".,-_.,----~_.._-- De DAVIDSON ENGINEERING CIVIL ENGINEERING. PLANNING. LAND DEVELOPMENT SERVICES -.-----------..--"~--___._.___,..L.~___~" Appendix .' 2154 Trade Center Way, Suite #3 ' Naples, Florida 34109 . Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonengineering.com Agenda Item No. se December 11, 2007 Page 58 of 145 DE DAVIDSON ENGINEERING CIVIL ENGINEERING. PLANNING' LAND DEVELOPMENT SERVICES ~ ALTERNATIVE SITE #1 SUPPORT INFORMATION & EXIDBITS ~ 2154 Trade Center Way, Suite #3 . Naples, Florida 34109 . Phone: 239.597.3916 . 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N Q - - N .. .. 0 0 0 0 0 0 0 0 0 0 0 ... .; ... 0 0 .. 0 .. .. .. .; ... .; ... .. .. .. .. .. .. of of .. .. ... ... of of ":. ... ... ... ..' ... ":. .. .,: .. .. .. .. .. . ~ ~ ~ Ii .::i - e . .. " ::J ~ '0 = !: ~ ;: "0 ~ ~ 1:: 'tJ i CD .. E ~ "0 ii-at0: >i;'$.::i!~ 'ga~:J::<~ .. j 0'_ 0 If 0 .J -.- _ ~I'" :J:: t. "l.. '"i'" ---'P~--,--~--- Agenda Item No. se December 11, 2007 Page 65 of 145 ,; . . .. ~ o .5 C . ~ il . . C o Q. . o .s . ~ .., . ~ ~ 'is. E . ~ ~ !! 1i E >~ .. 15 io ~ ~ {!/A :E: ~Il :J:: o (/) >. J2 . . 3: .., .!J " '0 Q. :;> .!!1 C o '" " E .E .5 . ~ t- c:: c:: r:. " - <' '" '" ~ "" ~ t-- t-- ~ ~ ." , -" o o o II 8 o .~ ~ o 4r 1ij< ::E ". ~ ] ll.) ~ 8 i " ~ '" 'E €: ~ ,~ ~ ~ ::::: ~ ..c:1 Agenda Item No. se December 11, 2007 Page 66 of 145 EXIDBIt A PELICAN MARsH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213,6:1: Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: J.E.D. OF SOUTHwEST FLORIDA, lNC. and COLONY CORPORATE CENTER, lNC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With pennission from .- WCI COMMUNITIES, lNC, 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: R W A Consultants, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 pun 93-1, ORDINANCE 93-27 _ ORIGINAL PUD 94-9, ORDINANCE 95-4 _ AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-II-AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE Al'PROVED BY BCe 12/17/02 ORDINANCE NUMBER 2002-71 Agenda Item No. se December 11, 2007 Page 67 of 145 SECIlON VII ACTIVITY CENTER DISTRICT 7.1 PURPOSE The purpose of this Section istooidentiry pennitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as HAC", 7,2 MAXIMUM SQUARE FOOTAGElROOMS A maximum of 381,000 square feet gross floor ar.ea(331 ,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000 square feet of medical offices, and 450 hotel rooms may be constructed on lands designated "AC.t' 7.3 GENERAL DESCRIPTION Areas designated as HAC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" District is indicated on the Master Plan, This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3,2 respectively, of the Collier County Land Development Code, Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas, 7.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following; - -' A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2, Amllsements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997), 3, Apparel and Aocessory Stores (Groups 5611-5699), 4, Automotive Dealers and Gasoline SelVice Stations (Groups 5511-5599), 5: Automotive RePair, Services, and Carwashes (Groups 7514, 7515, 7542), 6. Building Materials, Hardware and Garden SUpplies (Groups 5211-5261), 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except annored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8, Commercial Printing (Group 2752, excluding newspapers), 9, Depository Institutions (Groups 6011-6099). 10, Eating and Drinking Establishments (Group 5812, 5~13), II, Engineering, Accounting, Research, Management and Related Sernces (Groups 8711-8748), 12. Food Stores (Groups 5411-5499), 7-1 Agenda Item No. se December 11, 2007 Page 68 of 145 De DAVIDSON ENGINEERING CIVIL ENGINEERING. PLANNING. LAND DEVELOPMENT SERVICES .~ ALTERNATIVE SITE #3 SUPPORT INFOm1ATION & EXHIBITS 2154 Trade Center Way, Suite #3 . Naples, Florida 34109 . Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonengineering.com Agenda Item No. se December 11, 2007 Page 69 of 145 N t- ...... C 0 C - t ~ t a: <' P-< ... ~ ::;;;;: 12 I -' ~~ jij jij t '" '" e . W ~~ w 0" ~ 0 ~ e "'w j 0'/ ~~ Z "'e ;;: " S ~ "'<> ... ~ " "'''';;:jg .E A- I' "' f i::!i: ill l!lCJl;;r;-;;: ~ <l :e. !;;, ~ -~ g] iil!lfllS;;r; " c.: ~ ~ ~ R ~ g", ., 00 ~i:l $ cz . j'" ~ ~w" e ~ w Ij ~ ~ j J j is ~ 1iCJl~glil o Z "'i!lZ . i E:1: tGO.Z ~~ . <l . i !!;"'.!!o"! '" = -- c .J1 Jl Lj~lljjt"::} 0 DO 011 . -. o~o ~ t: .fz:::t m....~~J::D.. ll.) 0 '1:; c " 0 0 o'd = ~ 00 <:::> '" '" .E - .. N -? - t'-- 0 t'-- X -' 0 <:::> " <:::> c :ro 0 c .. N 0 ~ ~ o . Lt) 85 -< 0= <<'l ..-l "'s 'R N ~~ -, ..-l s;~ . ~ l"-. Ell <:::> '" ,,~ N ,,0 'l"'i ~if ~ 0 0' 0 "~ ~ll - 0 0 !~ ~ ee , e.l! 0.> =l:I: 8s - - 00 "./:I -.., c- O .. ><: -",s ~ .- ~~ 0 8;'" <( +-' u.. ~ .8 . ~ I'l. a.. ~ '" .@ 5 0 ~ u ~ El E 0 13 u . ~ " .!l ~ 8 " ti .!l i '" '(;j < a f ~ ~ a.. S '" c 0 .3 "' g. ~ Iii .@ E 8 ~ ~ -... :l g. ~ @ ... ,J:I '.m """ ~f:ltIl'l'lrW-J.1lOoIWW ~ . . . . I I ~ , I > S "'- I. I.. . , ~ I I I I I i~ I ~ I ~, S , j ( ~ G ~ . , i , , ',' i "'" 'n:)Jt\l)nJ :)(flol~Ol.p.m .10 ~.lOlSlLl6unDu6J1'~p o:>JnOI A~Unoo IDJ~IUD .~ IlJD IdDl'! ,(lIUqoqOJd ro:>I6oI08Dtp./\//:ll-'OlIlIH 1141. Agenda Item No. se December 11, 2007 Page 70 of 145 - h ~ Cl ~ S,,'" ~~ '!5.~::J ~!~~~ ~n'" c 15ilit-~ ro I ~q~~;a ~~i!~~~~I! , I ~ ~I gj ~ = a f!J,:J.. ~11~~8~! . hi '. I ~ ~ nl i ,. I! . I !p . . i ~r hI ;n E i ! ! . ! ~ ." c_ _:><n "'-<11'"" '" t,"~~' .=..;:..:;:: g:~:~: ::J ~'-....",.....,..."..! ~lt.Ja::=:::~ ~il '~;..-g== :::~ :'1 J.I_W,,___-"tl ""-t~1IlO$I_R...'r >9l_<.._h_....1 ...._'~CI...._'. ._....._u__'.j a...,. '-_"_-1;1 1lI~~! nu",lIODIOZ i I ! i L..____._ OJ tll:l >- :! lIaJl~ j ~ II , 0 ~ lp 15 IIII i! '" 1.11 ~ I!' <I 'If' " i ~ !L...,,, ~ n. '" '" I t UII%l mllUli I<! '" u 15 '" :! 1l~'IIJ1. J"'lI;,l;IUlll;1;s:l I I, I' _I dl,I,I!f, nl~~I~rd!~; IUllidlilfiilj ---------<J3H10---------~NINOZ :NOISIA3<J 15\11 i ~"""'''.~ ..e=:::!:!:!:1!I - "-< 0, - ., ~ p... , 1 ) l , c !=< r a: i <..> , < I w f II) I :; Q.iii r ,_ a: .c~ I f!z I CIl;; c "' ~~ ..J 0'" "" I s .. iii VI ". .r; u .. ", '" III :l ..J ..J !:i""= jjj '" a: !o: w..J C a: z .... ;;~ !i: ~ ~ " ..J .... ii! i ~ S z < 00" 000 ~ ~ (II I i u z ! - 'CO j :i '" '" "' ~ N ~ ... ... ~ o o 'E 8 " '" ~ ... " g, o ... ... ~ .!! ~ ., ;:\ "' . 0 iE 0 .~ . . .. c. c. " >- " . c. 0 Ii. . = .. 0 . . . . Q. 0 .!! ... F "5 00 . ., " . " w "' F~ w C p (/) 11l ~ "'0> N 00. a: U) " ;.,-' z ~ w ...- " Q ,,0 w '" 0 w. U) '" '" Q~ ~ Z 0>= !< F t:" lIl~ :IE 0 . 0 '" '" "'- :IE "' 00 0 io ~ .... " ., ~ 0= 00 " E ....1' w N Q t:~ ~ .. !'> .. 0" 00 U) '" "'0 ., ... ~... . 'iii '" .. ..J . E ~ ~ W'i .. '" c 00 G. '" := .. c ~ ~ c o '" 00 II ... '" 00 ... < ... o 0 z g ",00 l! ~ c;; 00 ... 00 N ~ I >! ., .. .: If' ~ I ... ... ~ If' -' :$ a: " w a: C w ~ :Ii :Ii '" 0 w " ~ !z < II: " " ~ < 0 0 0 ~ ~ 0 j z ,Q " '" cp ~ o ... .r!! :z:: Ul CIl iii U) ... Ul CIl ... IV ..J - "S~ 0::& ~~ I-U -0 l'll_ c- .- " u.... Cl):s' 0:0 o!!!. N Agenda Item No. 8e December 11, 2007 Page 71 of 145 '" 0 '" 0 <:i <:i '" = = = .; on ~ '" ~ '" c ~ N " N ... 0 ... e < .. ; ~ 0> . ... , '" 0 0 II) 00 .. .. '" 0> '" '" 1;; '" ~ Q - - N 00 - = "0 VIe:: :2 )( -.. C>1- aim ::s " g-u: il: " 0:5 a.; m J:l_ .... " .. il:" o " r:'lii VI " :t ti :0 VI -.. ~ il: =a; .. " .... ... - .. 0. '" = = '" '" '" = '" 0 '" '" 0 = '" on ci on ci on <:i on '" .. .. .. .. .. .. .. .. .. .. <D <D <D <D ... ~ ~ ... ot '" ..; ..; ..; ..; .. .. .. .. .. " 'iii > ~ c. e ~ w - .. . .. -5 . " " .. . 'iii ~ 0 " .. " 'CO ~ " > 0 ~ ~ Q. " .. .. . 'CO .. " 1i ;; e .. .m :is .. ~ ~ ~ : .. . :lI K ~ .. ~ if! " :Ii '" e c In 0 E", j !. 0 1"'- Z.! '" .:!:.. :!: ~ ... .. ., ~ '" N o z "' "'... :I ~ ,,,,,_~,,,_,,--,,_.___,,ft...,~__~________~__.......~._.__~_.__.__ t- C C " ~ .,. ~ r<' ,,; ~ . l' o .5 'E .. E . . . . . . o o 0- S .9 .. " " .. ~ ~ a. E .. ~ ~ E o :I: 8 f .. II) , :I: o II) = 0 'f") N ,;, - r- 3< r- .. .. - 5: 0 -0 '" .. ? 1;; ~ -0 -:;, '" 0 ::J 0 .!!! II " S 0 '" 0 .. E ;.:; 0 .!! ~ E <Id .. ~ -" .... II @' ::E ",. ~ !-;:i .. - " ~ 0 <> " ~ 0 <> t '" 's 8: ~ s <:( ~ ::::: B< ,}:l Agenda Item No. se December 11, 2007 Page 72 of 145 EXHTRrr A . PELICAN MARsH COMMuNITY A PLANNED UNIT DEVELOPMENT 2213,6:1: Acres Located in Sections 25,27,34,35 & 36 Township 48 South. Range 25 Bast, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: J,B.D, OF SOUTHWEST FLORIDA, INC, and COLONY CORPORATE CENTER, INC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With pennission from WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: R W A COllSultants, Inc, 3050 North Horseshoe Drive, Suite 270 Naples, FL34104 PUD 93-1, ORDINANCE 93-27 _ ORIGINAL PUD 94-9, ORDINANCE 95-4 _ AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE9>71-AMENDMENT ORDINANCE 97-79 - AMENDMENT ;; ORDINANCE 98-11-AMENDMENT ORDINANCE 99-33 - AMENDMENT DA TB FILED DATE REVIEWED BY cepe DATE APPROVED BY BCC 12/17/02 ORDINANCENVMBER 2002-71 Agenda Item No. se December 11, 2007 Page 73 of 145 SECTION vn ACTIVITY CENTER DISTRICT ,. 7.1 PURPOSE The purpose of this Section is to identifY permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "AC". 7,2 MAXIMUM SQUARE FOOTAGElROOMS A maximum of381,000 square feet gross floor area(331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000 square feet of medical offices, and 450 hotel rooms may be constructed on lands designated "AC," 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary- accessory uses. The approximJlte acreage of the "AC" District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate, Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3. and Division 3.2 respectively, of the Collier County Land Development Code, Activity Center tracts are designed to accommodate internal madways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Pennitted Principal Uses and Structures: I, Accounting, Auditing and Bookkeeping Services (Group 872 I). 2, Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 3, Apparel and Accessory Stores (Groups 5611-5699). 4, Automotive Dealers and Gasoline Service Stations (Groups 5511-5599), 5: Automotive RePair, Services, and Carwashes (Groups 7514,7515,7542), 6, Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise), 8, Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10, Eating and Drinking Establishments (Group 5812, 5813). I L Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748), 12. Food Stores (Groups 5411-5499), 7-1 - ~ - Agenda Item No. se December 11, 2007 Page 74 of 145 DE DAVIDSON ENGINEERING CIVIL ENGINEERING. PLANNING. LAND DEVELOPMENT SERVICES ALTERNATIVE SITE #4 SUPPORT INFORMATION & EXHffiITS -- 2154 Trade Center Way, Suite #3 ' Naples, Florida 34109 . Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonengineering.com M "-< o ~ Cl) ~ p,., t . . . ~ . , '" o N ..-l ,N ..-l '" '" .-l o o .. it " - m ~ m ~ -JJ ifil! ijijJ J Is DO 011 >- ~ ~'<~zit as :;;::;;;;:.~ a: a:or:n:p ...l!:: ~~~15!\l Oz ~NO~m ~~ (!)~~~Q ....f- Olt))o.Zco /::::t: 0"'",.., .....(!) N..:>O. 0;::: m c:: It:m o~ ;;,2.01-0 ~~ Ea."'a:"- ~8 "'I:t.lOo - z awD...... . g;;: oII~~~~~ Z -, S_Z_COC\l .!! ~t.l! ;~~ri~ !z::lco:JU)li:ceIE =!:l:: o (5 u.. Agenda Item No. se December 11, 2007 Page 75 of 145 i I e o i .E o ~ ! e c. ~ . ,:g c ~ o c " ,g o E J2 .5 .'!l .. Z Q. , ~ c . .'!l ~" 00 .'" -" H 00 s:;; g>J!l :;~ ~:! 0" ;:;.11 ~.E Ee E.!! 8" "{l lz: j.e ~ . ~ .. ;" c , 8 " . ~ ,Ii .l! ~ ~ ~ l5: 0( t e .. ;" !i 8 ~ '" ~ .. ... 2i ... ~ or ~ <' 1 l.: I>- <( ~ <I: ~ <I: >-< 11 il 'p o o:g ..... <::> N ~ N - ..... ..... - o <::> o N ~ -< .., , 1 N ~ <::> N ~ o :.::i o t '::l 'J:l 0"- ~ ~ .. .~ 8: .. ~ ~ 2 " ~ 8 ti '" .~ 8: ~ :=J ~ ,@ " .g. .c:I Stll'SlI ~... OYC>>lONlTlnd-.LWQcIlIlV " , . ' f i > i > i ~ " f. . , ~ ^ ~ i ! , " f, i , ~. -. ~ - , ! i " , ~, " , / ! Agenda Item No. se December 11, 2007 Pa e 76 of 145 ~ A I! ~ i s ~i~ !fH!~irl: ~li&~ r8~N I B JH i;l it'5~~ ~iJn" ~ p ; i I. ~ i I ; ~ . w ill , . I ~r i I ~ , , ;11 III I ! I , ,I I ' I IC:_-w>"", "''''''-0'' ""'"";. ...........-CI:>""ttlO "'_~,_" ., "....".fl;r_.~"'...'..."l~' "'.-............",.....'-c,., rlOrt~ If;i;~~ .~~:~ i: oe<.....,_......,.....,-.;o: U_ i</t-n.......... ..........~, ---..-----.. "-l'Jo~""'_UI __ l_....,., D_... . "'"_11,)0-...................... '___:"3: :~:~ 1 tm% liJ >- :'i ~ o ~ % w ;! ;:j i!' ~UJlli ~ <( tl w ill ~ i" <( <.> i5 ;; II/ Ip 'II' bil 'U' I illi i Ii =t:e=I;lI!A:;rUU:fl I t ~IIIII mmm ~ RlOll'"rll IUiPlJlAJI;;/Ul ~ , -_......... ...~:!::!~:r '1lIKI..mOUJ 0!6010~Iop.JO JO :)!JOllllll!l1J!~DIlI!lJI8P 8::!JOOS ,l;~llt'lOO lOP'" .'" "'" .dD" ^l"qDq~d ~DI'DIO.O"~'/Df'Ol'IH.'" ---------tj3HlO---------8NINOZ :NOISI^3C1 ISVl - "-' o ,..., l1.i f:f ~ -- '" o Q.$ .- '" .cW 1II::l .. <( CD(!) C .. l: ~ 0'" - . C ~ !:g 5 <( (,,)t: l!. E 0. 11), " ~: u ... .... " '" .. N (I) - N - .... .... - co co .; '0 z .. .!! 0 ~ u /E 1: .. " ... '" 0 ~ .. ... ~ '" ... '" '" - '" ... '" '" -::.. l;J = -' ~ .!l S II> :l -' -' ~ ... = iii ~ c: w -' 0 '" z .... ~ ~ .... g Z :!: 0 (!) ~ it i !!l z <( 0 co (,) 0 co 0 ~ ;~ G E .. :: (,) z e .. G '" C '" ~ <( ci i! 0 w ." . . .~ i'i Q. <( >, t: . Q. 0 0- . ;; 0; u . w .. . ~ " .!! Ii: :e. ~ w ",' 0 . . '" 0. t:o (,) '" 0 NO; W < .... -'" '" t: . . :; "'-' c: ~ .. :eO z N (,) j:j f:: w ~ '" .....5 II> z co- ~ ~ <<05 0 Ii' NO :E .... (!)~ CO W" 0 t: '" OJ!! - (,) CO ~ "'- '" .. ... N - en" z 0 .. ~ mE ... c 0" '" ~ c: 0.0 '" I'- ;; '" .3 -- '" '" <( '" I .; co .. ;! z co Q. .. ~ e - .. - ;;; '" - :tl N .. ... f- = ~ 0 - //I :E .; //I z '" '" CI) Q. :01 '" a; ~ '" - U) If' - //I .!! lG I=- = -J o '" e c> u ci <( - =1= G .. c '" ;;, N == Q. :c . .. c ... ~ _:... c .!! ~ ~ en -_._".~-_____~_HM~___M LL -' :$ 0:: (,) W '" o w ill I :!: 0 w u (!) .... <( z W <( 0:: U ~ ~ ! ~- i i If' '0- 0::& >(c c;jg I-t> -0 lG_ C- ._ u IL..!. CO"" c>'" c>!!!. N Agenda Item No. se December 11, 2007 Page 77 of 145 co co co co d d co co .. "l d l8 .. c '" '" ,.: ,.; " N .. 0 .. ~ . ; ; .. .. 0. .., 0 0 III '" '" .!l c> '" c> '" .. N - 0 - - N ;;; - '0 11>0:: :E >< - "' 01- Ci'ii '" c: g-ii: :I: " 0:5 Q; :; ""= c: "' :1:" o " ~10 III e .. <.l '" III - "' ~5: 7J'ii !J ~ a ... co c> c> '" co co '" '" co c> d d d '" co '" .. d d d d '" .. '" co co .. .. ... .. .. .. ,.; ,.; ~ gf '" '" '" '" .,; .,; '" .,; .,; .. .. .. .. . G " ~ C. E G .ll .. G G G ., . " " '0 G G G 1i ~ " " " > '" ~ ~ ~ c Iii '" .. G G '" G " '" 'Iii E 0 .. ;;; ;: ~ -f G = .!l .. . . " E .. ~I~ 0 {! '" :E G C Q. IE E Ii; . j .E 0 ~I.!! :!: 1"- , Ii "- . ;., ., '" '" ~ a; ;; '8. ::> ." " .S' ;; ~ .5 '" ('3. " ~ .. ~ 5 C . E o w '" w w .. c o Q. ~ .\l ~ ." . " ~ <i E ~ o ~ .. " o ~ '" , :J: o '" " c c ~ ~ o r-- C M - M - r-- r-- - o ~ " ~ o o o II o - .8 '0 ~ o z lh. '" ~ Q. en "! '3 0) ~ o ~ o u ..: 0) en .- S ~ '" t S o , ! -:-; f Agenda Item No. se December 11 , 2007 Page 7S of 145 EXHmn: A PELICAN MARsH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213,6:1: Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: J.E.D. OF SOUTHwEST FLORIDA, INC. and COLONY CORPORATE CENTER, INC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With pennission from WCI COMMVNITlES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: R W A Consultants, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 PUD 93-1, ORDINANCE 93-27 _ ORIGINAL PUD 94-9, ORDINANCE 95-4 _ AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11-AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 12/17/P2 2002-71 Agenda Item No. Be December 11, 2007 Page 79 of 145 SECTION VII ACTIVITY CENtER DISTRICT , 7.] PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "AC". 7.2 MAXlMUM SQUARE FOOT AGEIROOMS A maximum of381,Ooo square feet gross floor area(33 1 ,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000 square feet of medical offices, and 450 hotel rooms may be con.st!'ucted on lands designated HAC." 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses, The approximate acreage of the "AC" District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code, Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas, 7.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A, Permiued Principal Uses and Structures: I, Accounting, Auditing and Bookkeeping Services (Group 8721), 2, Ampsements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997), 3, Apparel and Accessory Stores (Groups 5611-5699), 4, Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). 5: Automotive RePair, Services, and Carwashes (Groups 7514, 7515, 7542), 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261), 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise), 8, Commercial Printing (Group 2752, excluding newspapers), 9. Depository Institutions (Groups 6011-6099), 10. Eating and Drinking Establishments (Group 5812, 5813). II. En8ineering, Accounting, Research, Management and Related Services (Groups 8711-8748), 12. Food Stores (Groups 5411-5499). 7-1 ,- /"'- Agenda Item No. se December 11, 2007 Page 80 of 145 De DAVIDSON ENGINEERING CIVil ENGINEERING' PLANNING. LAND DEVELOPMENT SERVICES ALTERNATIVE SITE #5 SUPPORT INFORMATION & EXHIBITS : 2154 Trade Center Way, Suite #3 . Naples, Florida 34109. Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonengineering.com N '+-< o - ~ ~ r < ; I . . Agenda Item No. se December 11, 2007 Page 81 of 145 ,\0 o o o '<:t N N LJ1 T""l o o i" ~ f E iijJx Iii J l~ 00 011 0- W <5 ;:!o:; ;;:: ",,=0 o ~z:0 co c....Cf,I 80 -1NW ~~ ~~~ ~Cl 8"'''' IOZ 'V..-(I) ...0 .....i:::> !Sir! 11,llu. I:W 1:...0 .!~ n~l2 Ew oII&~~ =' co ..... (!) z. 1_<!:ll. .!! E II &Z &l ;f:l!;;!....5~~ =t:I: o o I.L. ~ . ~ .. e ~ e . ~ .!! Q. .5 o ~ m e ~ . . . ~ e ~ . . o o '" o 1; E .e E t , ~ o . . 1! , . BE .~ ti~ ~e. ~~ gJ:! ~t5 eo; ~g s. ~~ ~.5 ee e1! 8.. .!!.g Rli tl! ~ '" ~ . ~ e .. E- , 8 .! 8 . ,e .!! ~ ~ e ~ ~ . Q e Q. b o , 8 ~ .!! 8 '" 8 N @ t ~ " t !! " \., r.J ~ .., ... .J! € 'C c ~ c c-< ;t. C N ~ -c o o o ~ N on - o o o N ~ ~ or, ~ "" ~ , .:> N ~ o .- - o t '<= '.j:l "'. l< ~ .~ ~ -@ ~ s "8 ~ 8 ti '" '.. ... g; ~ is 8 .; '4 ....::: t .-- ,- -- ~... .-......-.--........ '-.~- ~ =), ~--; , , " , , , '. , , :~ , , " , , , ,,' '.f: o ~ w <( . . UI . . . < ~ w ;$ ,s. <( :!! "- (1J'tE1,') M>' ~\'lO.\- ,..... 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Agenda Item No. 8e December 11, 2007 Page 84 of 145 DE DAVIDSON ENGINEERING 2154 Trade Center Way, Suite #3 . Naples, Florida 34109 . Phone: 239.597.3916 . Fax: 239.597.5195 www.davidsonengineering.com N .... o - ! =1:1:: o o u.. ..J 8 ~ :Eti: w '"=' :E~ w f- :; 0",,:.C) < ~ t.li~w gffi ~ ~_...;! i...J 5 ~~~~ ~ili ;;:; ~~ti:ti:w .....tx: 'I'"" cULC~f.') 8~ ow'l'""~w ~~ ~ i.~terei .an:: :! iz'l'""~z Ew oil ,30;:"',.: :J(!) :=!:(!)f.')LL. z..!; _WWo> ,g ~ .. ,&w 0 fil C! o ..~:z -t:i8..;Z ILZ...JU) ~......U)CI)N ~ ::l ~ " :lI ~ ~ K ~ g~~l~ jj) J Ii DO 011I 0'\ o o o V o Lrl Lrl rl o o ~ :E ~ Agenda Item No. 8e December 11, 2007 Page 85 Df 145 1l i ~ e . ~ .. 1i .E , o ~ ~ e ~ w . ~ c ~ . . o c " ,g . E .e .E .. . 'I X , ~ c . .. ~ , . oc a ~~ ee- .J!) .,-" g<jg ~i5 E" ,,~ ",!! ~.E ee e.l" 8Jll -"", ll! [l; " < ~ ~ ll. '" C . 8 ~ t , c ( ~ t ( I ~ j:J p < c. 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Daylor r ['~.MI',ll ZONING TRAFFIC IMPACT STATEMENT NAPLES MAZDA April 20, 2007 Updated August /6,2007, Updated September 20,2007 Airport-Pulling Road (C.R. 31) & J&C Boulevard Collier County, Florida Prepared For: Myers Enterprises of Naples, LLC & Naples Dodge 6381 Airport Road Naples, Florida 34109 Prepared By: Vanasse & Daylor, LLP jotl#8105a.01 - 12730 New Brittany Boulevard, luite 600, Fort Myers, Florida m01 T 239.431.4601 F 239.431.4636 w vanday.com Vanasse __ Daylor ~ IlIooPluOoj loll< hf","" lmdsa.peAtdittClllR h'limmemalkitlCl IMI E".ttriac fL lU 11111 .. IritluIy '*'-' 5W 'DI hrtM,.,Rlltl1 IU!.4l1.till.Zlt.4l7.4iU '1nrH1lj'..t1lII Agenda Item No. 8e December 11, 2007 Page 89 of 145 Myers Enterprises of Naple., liC & Napl.. Dodge. Inc. 381 AitpOrl pulnnQ Road Nap/e$. Florids 34109 S.plIlmMr 2007 Naples Mazda Location Map EXHIBIT 1 ~ -" ,!,.~ Ii j" ""~,': i.'. ,,' Agenda Item No. se December 11, 2007 Page 90 Df 145 " " Table of Contents INTRODUCTION AND SUMMARY '''''.......m..''''...''..m''.....''.......''.m..'..''m....''....'''''m..''...''' 1 PROPOSED DEVELOPMENT..".....".......",.........""..m"..........."........."........m..'m".".'..."....".. 2 EXISTING AND PROPOSED LAND USES """...........................,..,..,..................................................................2 AREA CONDITIONS ..............".,.......".,......"....."....m..".......""......."......,......".............'..""m.'. 3 SITE-GENERATED TRIPS m...........,...........".......""..,,,.....,,,..,,',...,,.....,,."...,.,............................ 4 TRIP GENERATION ................................................................,....,......................................................................... 4 TRIP DISTRIBUTION AND ASSIGNMENT ......................................................................................"................5 SIGNlFICANeE TEST ANALYSES ............"..,................,..................................,.................................................6 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES......................,......................,.................... 7 ANAL YSES."...,....""............."........,..................,......,.,....,..",........,....."....................................... 9 LINK LEVEL OF SERVleE ANAL YSES..............................................................................................................9 SITE ACCESS ANALYSES ..................................................................................................................................13 IMPROVEMENT ANALYSIS .."m............................................mm..........................'.."m......... 14 MITIGATION OF IMP ACT .................................................,................................................................................15 List of Tables Table 1 Site-generated Trip Estimates Table 2 Site-generated Trip Distribution Table 3 Significance Test Analyses Table 4 Background Traffic Volumes Table 5 Background Traffic Growth Projections Table 6 Link LOS Analysis Results Based on Collier County Concurrency Segments Table 7 Link LOS Analysis Results Based on Growth Rates Table 8 Link LOS Analysis Results under Improved condition Table 9 Turn Lane Analysis Summary Table 10 Intersection Capacity Analysis Results List of Exhibits Exhibit I Location Map Exhibit 2 Study Area Segments and Intersections Exhibit 3 Site-generated Trip Distribution Percentages Exhibit 4 AM Peak Hour Trip Assignments Exhibit 5 PM Peak Hour Trip Assignments Exhibit 6A Existing Counts for Ailport-Pulling Rd & J&C Blvd intersection Exhibit 6B Percentage Trucks for Ailport-Pulling Rd & J&C Blvd intersection Exhibit 7 PM Peak Hour Background Traffic Exhibit 8 PM Peak Hour Total Traffic Exhibit 9 Existing Lane configuration and turn lane lengths Exhibit 10 Lane configuration and turn lane lengths for Background and Total traffic Appendix Naples Mazda ZTIS Page I Table of ContentS Agenda Item ND. se December 11, 2007 Page 91 Df 145 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Zoning Traffic Impact Statement for the proposed Naples Mazda. The purpose of this study is to provide the Collier County Transportation Operations Review Department adequate information to anticipate any traffic- related problems and identify effective mitigation measures as part of a Rezoning request The Naples Mazda project site is in the southwest quadrant of the Airport-Pulling Road and J&C Boulevard intersection in Collier County (See Exhibit 1), The proposed land use will consist of approximately 24,434 square feet (sf) of automotive dealership including New Car Sales; and approximately 8,709 sf expansion of the existing Naples Dodge service area. This property is adjacent to the existing Naples Dodge dealership that will share in the access to and from this property to access J&C Boulevard and northbound Airport-Pulling Road. Access for Naples Mazda will be limited to three points along J &C Boulevard. The westernmost access will be a Full-movement driveway on J&C Boulevard. The driveway will consist of a northbound shared left/right turn lane, The middle access will serve primarily the service department. This access will be a Directional-movement Right-inlRight-out/Left-in driveway with adequate pavement width on J&C Boulevard to allow for a turning movement without blocking the through movements. The third, easternmost, access point will be a Right-out only access onto J &C Boulevard from the dealership, The Appendix contains conceptual site plan, The site contains existing land uses consisting of a restaurant and a bulk gas facility. There will be 191 more daily trips when the land uses are changed to new car sales. The new car sales facility will generate 15 fewer trips in AM peak hour and 7 more trips during PM peak hour conditions. Airport-Pulling Road (C.R 31) will operate within the performance standard maximum service flowrates (SFmax) as established by Collier County. J&C Boulevard is projected to operate in excess of the performance standard maximum service flowrates (SFmax) as established by Collier County under background traffic conditions, As shown in Table 8, the levels of service for all links in the area of the project will meet the level of service standards during the PM Peak Hour with Buildout Year Total Traffic after improvements N~ples Mndil ZTIS 1:\Projects\B 10\81 OSB\Tnffk\Updilte:_5eptember _2007\8 1 OS8_ZTlS_03.doc Agenda Item No. se December 11. 2007 Page 92 of 145 needed to mitigate projected background traffic deficiencies are constructed. Therefore, no off- site improvements should be required from this project for mitigation. The following intersection improvement was identified as being needed in order to accommodate projected Background traffic: Airport-Pulling Road & J & C Boulevard intersection: . One 350 ft long additional eastbound left turn lane to provide Dual eastbound left wm lanes The developer proposes to pay the appropriate Collier County Road Impact Fees as building permits are issued for the proposed project. Developers' payment will be subject to any impact fee agreements entered into between the applicant and Collier County. PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USES The Naples Mazda project site is in the southwest quadrant of the Airport-Pulling Road (C.R. 31) and J&C Boulevard intersection in Collier County (See Exhibit 1). The proposed land use will consist of approximately 24,434 square feet (sf) of automotive dealership including New Car Sales; and approximately 8,709 sf expansion of the existing Naples Dodge service area, Access for Naples Mazda will be limited to three points along J&C Boulevard. The westernmost access will be a Full-movement driveway on J&C Boulevard, The driveway will consist of a northbound shared leftlright turn lane. The middle access will serve primarily the service department. This access will be a Directional-movement Right-inlRight-out/Left-in driveway with adequate pavement width on J&C Boulevard to allow for a turning movement without blocking the through movements, The third, easternmost, access point will be a Right-out only access onto J&C Boulevard from the dealership. The Appendix contains conceptual site plan. The existing land use consists of a 5,500 (sf) High Turnover Restaurant and 12,800 (sf) of a Bulk Gas facility. However, for the purpose of trip generation analysis existing trips were not deducted from the net trips generated by 24,434 square feet (sf) of New Car Sales and 8,709 sf of Naples Dodge service area Naples Mania ZTIS 2 1:\Projects\810\81058\Tn.ff1c\UpdattLScptcmber _1007\8 1 OS8_ZTIS_03.doc Agenda Item No. se December 11, 2007 Page 93 of 145 AREA CONDITIONS The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit I shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets (see Exhibit I), The study area also includes the segments of Airport-Pulling Road (C.R. 31) just south of and north of J&C Boulevard as well as J&C Boulevard west of Airport-Pulling Road (CR. 31). Exhibit 2 shows the project location and the study area segments and intersection, Airport-Pulline Road (CR, 31) Airport-Pulling Road (CR, 31) in the study area is a north-south six-lane divided roadway. C.R. 31 is functionally classified as a minor arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). I&C Boulevard J&C Boulevard in the study area is an east-west two-lane undivided roadway. J&C Boulevard is a local collector road under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 30 miles per hour (mph). Airport-Pulline Road (CR.. 31) & I&C Boulevard This signalized intersection is next to the project. Besides having 3 through lanes III the northbound and southbound directions, the intersection has the following auxiliary lanes: 285 It eastbound exclusive left turn l.ne eastbound shared through/right turn lane Westbound approach is a subdivision driveway with a shared left/through I.ne and exclusive right turn lane 360 It northbound exclusive left turn lane 285 It northbound exclusive right turn lane 135 ft southbound exclusive left turn lane 340 ft southbound exclusive right turn l.ne Naples Mazda ZTlS 3 1:\Projecu\8IC\810S8\T ~ffic\Update_Septernbet _2007\810S8_ZTlS_03.doc Agenda Item No. se December 11, 2007 Page 94 of 145 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed to alleviate current area road deficiencies and to support future area development For purposes of this study, a "committed" roadway improvement means that the characteristics of the higher-level facility may be used in the reserve capacity estimates. Roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2005 to FY 2009 time frame were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan Year 2062/2007-2011/2012. No committed improvements were identified in the study area, SITE-GENERATED TRIPS TRIP GENERATION Site-generated trips were estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual (7th Edition) and the ITE Trip Generation Handbook (2nd Edition) in accordance with Collier County policy in effect when the report was published and as agreed with Collier County staff. The expansion of 8,709 sf Naples Dodge service area will be used mostly by the Naples Dodge staffs, Trip generation formula for an internal service area is not included in the ITE Trip Generation Handbook, For the purpose of this study, New Car Sales LU 841 ITE trip generation formula was used for trip generation estimate of total 33,143 sf (24,434 sf + 8,709 sf = 33,143 sf) of automobile sales and service uses for Naples Mazda and Naples Dodge together. Table 1 summarizes site-generated trip estimates for both the proposed and existing land uses along with a comparative analysis. The proposed land use was estimated to generate 317 more daily trips, 7 fewer AM Peak Hour period trips, and 14 more PM Peak Hour period trips, than the existing uses. All subsequent analyses were based 0I1 the site-generated trip estimations for the proposed uses. Naples Mazda ZTlS 4 1:\ProJecu\810\81058\Traffic\Update_September_2001\810S8_ZTlS_03.doc Agenda Item No. se December 11, 2007 Page 95 of 145 TABLE I Si~neo-""" Trio Estimates Site-generated Trips usine Proposed Zoning l.and Use AM Peak PM- Peak Quantity Unit Dafly Total Enter Exit Total Enter Exit New Car Sal.. (LU fl.\1), Naples Mazda 33,143 SF 1,105 68 50 18 87 34 53 Net Primary Trips Total 1,105 68 SO 18 87 34 53 Site-generated Trips using Existing Zoning AM Peak PH Peak Land Use Quantity Unit Daily Total Enter Exit Total Enter Exit High Turn Over RestaurOlnt (lU 932): Restaurant 5.500 SF 699 63 33 30 60 37 23 General light Indusuial (LU 110): Bulk Gas 12.800 5F 89 12 II I 13 2 II Net Primary Trips*' TOClI 78. 75 44 31 7J 39 3. Differences'" J 17 (7) 6 (13) 14 (5) I' . E'Jcjsling trips and diHerencu are shown fDr infonnuian rlt.Irl>osP. only and nOt used in Iny subsequenl analyses TRIP DISTRIBUTION AND ASSIGNMENT The site-generated trip distributions used in this study correspond to the agreed upon percentages at the methodology meeting on March 29, 2007. The distributions were applied to the site- generated traffic volumes to determine the site-generated vehicle trip assignments, The PM Peak Hour traffic was used because retail commercial land uses have higher volumes in the PM Peak Hour. The Peak Hour project traffic distribution is shown in Table 2. Since Naples Dodge will have shared access with Nap]es Mazda, the assumption was made that eastbound left turning traffic from J&C Boulevard to northbound Airport-Pulling Road (c.R 3]) would include some of the existing Nap]es Dodge traffic, The Naples Dodge trips were agreed upon at the methodology meeting. Exhibit 3 shows a graphical representation ofthe traffic distribution percentages, Exhibits 4 and 5 respectively present the estimated AM and PM Peak Hour traffic assignments, Naples Mazda ZTIS 5 1:\ProjKt5\810\8 I058\Tl'1Iffic\Update_Septe:mber _2007\810S8_zrtS_Ol.doc Agenda Item No. se December 11, 2007 Page 96 of 145 TABLE 2 Site-generated Trip Distribution Slt....generated Trip Distribution Distribution % !.ink fJ:Qm III fIlm ~ Airport Road Orange Blossom Drive J&C Boulevard 40% 40% Airport Road J&C Boulevard Pine Ridge Road 40% 40% J&C Boulevard Lee Ann Lane Site Entrance 20% 20% J&C Boulevard Site Entrance Airport Road 80% 80% SIGNIFICANCE TEST ANALYSES According to Collier County Traffic Impact Study (TIS) guidelines, dated 11.03.06: , "Significandy impacted roadways and intersections are identified based on the following criteria: The proposed project highest peak hour trip generation (net new total trips) based on the peak hour of the adjacent street traffic will determine the limits of the trip distribution and analysis. Trips distributed on links directly accessed by the project where the project trafflc by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. Trips on one link adjacent to the link direcdy accessed by the projecc where the project traffic by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS standard." ''Trips on all subsequent links where the project traffic by direction is equal to or greater than 3% the peak hour service volume for the adopted LOS standard." In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (I) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 2/2/3 rule, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix, The significance test analyses for the adjacent roadway network (see Table 3) indicate that J&C Boulevard from the site entrance to Airport-Pulling Road is projected to have site-generated primary trips that are greater than 2 percent of the AUIR Performance Standard Maximum Service Flowrate (SFmax). The link specific analyses were limited to J&C Boulevard and Airport- Pulling Road on both sides of J &C Boulevard. Intersection analyses were limited to the site access and the Airport-Pulling RDad & J&C Boulevard intersection. Naples Mnda ZTIS 6 1:\Projecu\81 0\8 I 058\T raffk\Update _September _2007\81 OSB _ ZTIS _ Ql.doc Agenda Item ND. se December 11. 2007 Page 97 of 1~5 TABLE J Significance Test Anelysis ~ x.2!. >:ill. Site LOS !nmll from To ~- Pk Dir Trios 1!!! Airpon~Pulling Road Orange Blossom DrIve J&C Boulevard 3.970 NB 21 0.5% Airport~Pulling Road J&C Boulevard Pine Ridge Road 3.970 NB 21 0.5% Jle Boulevard Lee Ann Lane Site Driveway 760 EB 7 0.9% J&C Boulevard Site Driveway Airport.Pulling Road 760 EB <2 5.5% PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Two background traffic projection methods were used in this study. The first method projected volumes based on recorded 2006 directional Peak Hour volumes and "banked" trips that were assigned to the links for previously approved developments (see Appendix-Concurrency Segment Tables dated August 8, 2007). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts, The existing peak hour volume on J & C Boulevard was not included either CoIlier County Concurrency Segment table or AUIR table. Hourly-to-daily (K=0.0956) and Directional Factors (D=O.565) were used to convert 2006 ADT volume on J & C Boulevard to directional peak hour volumes, The existing turning movement volumes at the Airport-Pulling Road & J & C Boulevard intersection were derived from the FTE counts collected on April, 2007, Peak Season Correction Factors (PSCF) of 1.0 was used to convert traffic count data to a peak season hourly turning movement, Table 4 presents the link-specific background traffic data used in the Link Level of Service analyses discussed elsewhere. TABLE 4 BACKGROUND TRAFFIC VOLUMES Based on Collier County Concun-ency Segment Table dated 0810812007 \.ink EJ!Qtl IQ LOS DPK HR TI\IP BKGD PCT of !:An l.AMS sm 'iQL ~ YQI, =- Airport-Pulling Road Vanderbilt Beach Road J & C Boulevard* Lee Ann Lane Pine Ridge Road 3.970 6 Airport-Pulling Road 760 2 E 2,3<0 0408 2.148 69.2% o 631 631 83.1% . B3dtJround yolume of J & C Boulevard were Qken fi'"om Collier County 2006 ACT toont usl"l K and 0 Facton; and SF MUl were oken from Collier County similar r~y bdllty Naples Mazda zns 7 1:\Projeas\810\81058\Tnfflc\Updilt<<LSeptember _2007\8 t058_ZTlS_03.doc Agenda Item No. se December 11, 2007 Page 98 of 145 The second method projected traffic based on historical growth rate trends. Historical growth trends for both Airport-Pulling Road (c'R. 31) and J&C Boulevard show a negative growth over the past seven years between 2000 and 2006. Background traffic volumes were therefore developed using a two percent annual growth rate as recommended by Collier County Transportation, although applying this growth rate to J&C Boulevard is illogical: the surrounding land along J &C Boulevard as well as along any other streets that may feed into it, are almost completely built out. Insufficient remaining parcels that would account for any infill development are available to support a 2% growth rate. Table 5 contains the projected background traffic. The projected background traffic volumes from the directional peak hour volume were assigned to the roadway links. Background Traffic volumes were derived from turning movement counts collected by FTE. TABLE 5 Background Traffic Growth Projections & Fiye Year (2012) 2006 Pk Ml!Ul< Growth # of LOS Peak HrPk HrPk Name fI:2m To Rate Lanes STD Dlr Dir Dir Airport-Pulling Road Orange Blossom Drive J&C Boulevard 2,0% 6 E NB 2.340 2,635 Airport-Pulling Road Jle Boulevard Pine Ridge Road 2.0% 6 E NB 2.340 2.635 J&e Boulevard Lee Ann Lane Site Driveway 2.0% 2 0 EB 631 877 J&e Boulevard Site Driveway Airport.Pulling Road 2.0% 2 0 EB 631 877 ConclllT~q s.am- Tabla - OIUllI.D7 1OD2 fOOT QuaIIl)'!\.n'el or SerW:. .........ok. G......llPd ,..... Ho"r DlNedon.' VO",,".I''''' flDrlcll'. U.....luu' AN". TaIe..1 The roadway capacities were derived from the Concurrency Segment Table, ADIR tables or from the FDOT QLOS table if a link was not on the Concurrency Segment Table. Copies of these data are in Appendix of this report. The intersection turning movement data were used to distribute the approach link volumes and to determine the dominant direction of travel as directed by the Collier County Transportation Planning Director. According to these data, the PM peak direction on Airport-Pulling Road (C,R. 31) is northbound and on J&C Boulevard is eastbound. Comparing the findings contained in Tables 4 and 5 indicated that Total Peak Hour volume (including Bank Trips) on Airport-Pulling Road between Vanderbilt Beach Road and Pine Ridge .......H.....zns 8 1:\Projecu\81 0\81 058\T rafflc\Update:_September _2007\81058 _ZTlS _ 03.doc Agenda Item No. se December 11, 2007 Page 99 Df 145 Road is higher in the Concurrency Segment Table than the historically projected volume. Growth rate projected volumes on J & C Boulevard and Concurrency Segment Table volume for Airport- Pulling Road at buildout 2012 were used in Link Level Of Service (LOS) analysis in this report. Exhibits 6A and 6B show the existing traffic count, truck factors for the Airport-Pulling Road & J & C Boulevard intersection, Exhibit 7 shows the PM Peak Hour Projected Background Traffic as a result of using the perceptual proportion on each approach of turning movement traffic counts, Exhibit 8 shows the Buildout PM Peak Hour Total Traffic, Exhibits 9 and 10 show existing and projected lane configurations and turn lane lengths of the studied intersections. The primary site-generated trips were added to the Projected Background traffic volumes to estimate the Buildout Year Total Traffic projections (See Exhibit 7). These projected turning movement volumes were used in the Intersection Capacity and Turn Lane analyses. ANALYSES LINK LEVEL OF SERVICE ANALYSES The Performance Standard maximum Service Flowrates (SF>>l4X) for Airport-Pulling Road (C.R. 31) were provided by Collier County Transportation Plarming Department along with the Concurrency Segment and AUlR data. Tables 4 and 5 present the background traffic data and the projected Peak Hour Link Volumes, based on volumes from the current Concurrency Segment Table and growth rate methodology respectively. Tables 6 and 7 present the LOS analyses using the current Concurrency Segment Table and growth rate methodologies, The link level of services analyses using the Concurrency Segment Table projected Background Traffic volumes indicate that background traffic volumes on Airport-Pulling Road (C,R, 31) from Orange Blossom Drive to Pine Ridge are projected to operate within SF>>l4X with Total Traffic conditions, These same segments on Airport-Pulling Road (C.R. 31) continue to operate within SFmax with Total Traffic conditions using the Growth Rate analysis, J&C Boulevard from Lee Ann Lane to Airport-Pulling Road is projected to operate beyond the SFmax in the 2012 Background Traffic N~p1es Mwh. ZTIS 9 1;\Pro]ecu\810\810S8\T~ffic\Updi:tI!:_September _2007\8 I058_ZTIS_03.doc Agenda Item No. se December 11, 2007 Page 100 Df 145 - condition and continues to do so in the Total Traffic condition, It should be remembered that the background volumes on J&C Boulevard were projected using a growth rate that is unsupportable by the land uses and historical traffic counts. Had the existing volumes been used without the application of an artificial growth rate, J&C Boulevard would have remained within SFouu in both Background and Total Traffic scenarios, TABLE 6 Link LOS Analysis Results .. Based on Concurrency Segments. 08.08.07 Peak Hour Directional Traffic W/ln SF MAX l !.inI< fr2m To Il.I!&sI S!tJ: Iw1 Sf"", /lkz<l Iw1 Airport-Pulling Road Orange Blossom Drive J&C SOlJlevard 2,748 21 2,769 3,970 y y Airpon-Pulllng Road J&C Soulevard Pine Ridge Road 2,748 21 2,769 3,970 y y TABLE 7 Link LOS Analysis Results. Based on Growth Rate Peak Hour Directional T raffle W/ln SF ,,"x l !.ink fu>.m 10 Ilk:<1 Site Iota! Sf"", Ilk:<1 Iota! Airport-Pulling Road Orange Blossom Drive J&C Boulevard 2,635 21 2,656 3,970 y y Airport-Pulling Road J&C Boulevard Pine Ridge Road 2,635 21 2,656 3,970 y y J&C Boulevard Lee Ann Lane Site Driveway 877 7 B84 760 N N J&C Boulevard Site Driveway Airport-Pulling Road 877 42 919 760 N N Using a four-lane capacity value for J & C Boulevard taken from similar county roadway facilities shows it will function within LOS standard when improved, Table 8 presents link analysis with these improvements. Although the analysis shows that a four-lane link would increase the capacity on J&C Boulevard, the need for providing the same is questionable; the project rezoning should not be denied based on an arbitrary and artificial growth rate that is not supported by the historical data, TABLE 8 Link LOS Analysis Results. Under Improved Condition Peak Hour Directional Traffic W/ln5F"",! !.ink fr<>m 10 !lkN Sit!: loW Sf"", /lkz<l Iml Airport-Pulling Road Orange Blossom Drive J&C 80ulevard 2,635 21 2,6S6 3,970 y y Alrport.Pulling R.oad J&C 80ulevard Pine Ridge Road 2,635 21 2,656 3,970 y y J&C Boulevard Lee Ann Lane Site Driveway 877 7 884 1,860 y y J&C BoIJevard Site Driveway Airport-Pulling Road 877 42 919 1,860 y y Naples; Mazda ZTIS I 0 1:\Projecu\81 0\81 OS8\T rafflc\Update_September _2007\81058_zrtS_ 03.doc Agenda Item No. se December 11, 2007 Page 101 Df 145 INTERSECTION CAPACITY ANALYSES The turning movment volumes of the studied intersections were based on the traffic count data projected to 2012 background traffic data using correction factor and growth rate contained in Appendix and Table 5 of this report, The site-generated trip assignments were added to projected 2012 background turning movement volume to develop 2012 Total traffic turning movement volumes. Each studied intersection was analyzed based on both Background and Total traffic data under PM Peak Hour conditions, Site Accesses were analyzed for PM Total traffic conditions only. Additional analyses were conducted on key intersections in the Area of Influence. This selection process was based primarily on the relationships between the significant links and proximity to the site. The intersection analyses consisted of two parts: capacity analyses and turn lane analyses. Both analyses were conducted using the TrafficwareT" software package, SYNCHROtiY version 6,0 to determine probable intersection operations and turn lane storage lengths of need. The Buildout Year conditions were analyzed: Background Traffic and Total Traffic. If no degradation to the service level of an intersection using total traffic volumes was identified, then no additional analyses were performed on that intersection. It was also recognized during the study process that need for, and length of need of, turn lanes, and how those lengths of need would interact with neighboring accesses and improvements, would affect the recommended access configurations and their location along the site frontage. Five parameters were used in order to reach the recommendations: current land uses in the area, entering and exiting turn movement assignments, the capacity analysis results, the turn lane length of need analysis results, and the proximity of the proposed access to neighboring accesses/intersections, The SYNCHRO@ queuing computations were used to detennine lengths of need where turn lanes were warranted, According to the Collier County Right-of Way Ordinance #2003-37, left turn lanes must be provided whenever the left turn volume into a development is two (2%) of the Level of Service "C" daily volume or whenever the highest hourly volume of turning movement is 20 vehicles or more. The same ordinance establishes that right turn lanes must be provided whenever the right turn volume into a development is four (4%) of the Level of Service "C" daily volume or Naples Mazda ITIS II 1;\Projecu\810\S I058\Tnffic\Update_September _2007\81058_ZnS_03.doc Agenda Item No, se December 11, 2007 Page 102 of 145 whenever the highest hourly volume of turning movement is 40 vehicles or more. The FDOT Standard Index 301 and Figure 3-15 of the Manual of Uniform Minimum Standards were used for conceptual geometric design (see Appendix). Collier County uses the roadway posted speed as the turn lane design speed. The FDOT Standard Index 301 specifies deceleration lane length for a 45 mph design speed is 185 feet. The turn lanes on Airport-Pulling Road should therefore be furnished with 185-foot deceleration lanes in addition to the applicable storage lanes. The FDOT Standard Index 301 specifies deceleration lane length for a 35 mph design speed is 145 feet. The turn lanes on J & C Boulevard need to have 145-foot deceleration lanes in addition to the applicable storage lanes. Table 9 summarizes the turn lane analysis results, TABLE 9 TURN LANE ANALYSIS SUMMARY Turn lane length Extra Dom. Tr.afficVolumes Warrant Deee1. Stor.ige lengths, ft ~ length Qir. IDIliQ Sit!: Yill ~"'""" ~ = ~ = foUiI.eJ. Sipnalized Intel"Section A1rport.Pulling Road & J&C Blvd (Dual EBl) PH (NBL) PM (SBR) PM S68 21 79 I" 180 ,-4 y y y 1-45 350 250 250 395 395 185 360 SO SO 135 235 185 340 50 SO 235 235 o o o Unsi.nalized Intersection J&C Bulevard & Dlrectlonal.movement Access (W1lL) PM (EBR) PM .. , N N J&C Bulevard & Full-movement Access (WIlL) PM (EBR) PM .. , N N Intersection capacity analyses were performed for the studied intersections using SYNCHRO@ 6.0 capacity analysis software. Signal timings and approach speeds consistent with Collier County standards were used. Analyses were completed for AM and PM Peak hours for the existing condition and the future conditions with and without the project. Naples Mazda ZIIS 12. 1:\Projecu\8I0\91058\TnffidUpcH.te_Sep<<:mber_2007\81058_ZTlS_OJ.doc Agenda Item No. se December 11 2007 Page 103 ~f 145 Airport-Pulling Road & I&C Boulevard The existing single eastbound left turn lane at the Airport-Pulling Road & J&C Boulevard intersection is approximately 350 feet long. The developer is proposed to improve the Airport- Pulling Road & J&C Boulevard intersection with dual eastbound left turn lane. The Appendix contains proposed Airport-Pulling Road & J&C Boulevard intersection lane configuration design layout. The SYNCHRO@ queue analysis indicates a 95th percentile queue length of 229 feet would be needed to accommodate PM Peak Hour Background traffic, The dual eastbound left turn lane should be 395 feet long (250 feet storage + 145-foot deceleration lane including a 50- foot taper), Due to site constrain a 350 feet long dual eastbound left turn lane is sufficient to accommodate PM Peak Hour Background traffic, Table 10 summarizes the analytical results and Appendix contains printouts ofthe analyses, The total traffic conditions analytical results show that the intersectiDn continues to operate within an acceptable LOS. TABLE 10 INTERSECTION CAPACITY ANALYSIS RESULTS Existinc Traffic Backcround Traffic Existing Modified Geometry Geometry Total Traffic Existing Modifaed Geometry Geometry Sitmalized Int:ersection Airport~Pulling Road & J & C Boulevard. AM B 18 PM C 25 C 32 8 17 C 34 8 18 Unsiplallzed Intersection J & C Boulevard & Directional~movement Access PM C 23 J & C Boulevard & Full-movement Access PM C 22 . eastbound dual left turn bnes w'" consl.~ II modified reornetry SITE ACCESS ANALYSES Site Access analyses were completed utilizing SYNCHRO@ software and applied to Build-out year total traffic. The appendix contains the SYNCHRO@ computer printouts, The purpose of these analyses is to evaluate the operational characteristics and needs of the site accesses, and to recommend access point locations. Naples Mazda zns I 3 1:\Projecu\81 0\81 058\T raffic\Update_ September" _2007\81058 _ZT1S _ a).doc Agenda Item No. se December 11, 2007 Page 104 Df 145 -~- I&C Boulevard & Full-movement Driveway /Westernmost) This project is estimated to generate II northbound left turning movements and 21 northbound right turning movements during the PM peak hour. The proposed northbound access lane configuration consists of one shared left-right turn lane. The SYNCHRO<l> analysis indicated the northbound queue would be 12 ft, The northbound approach should be provided with a minimum 25 ft throat depth before the first driveway, accessway or cross street is introduced to the access drive, as proposed on the conceptual site plan, I&C Boulevard & Directional-movement (Right-in/Right-outlLeft-in) Driveway This project is estimated to generate 16 northbound right turning movements during the PM peak hour. An additional 33 northbound right turning trips during the PM peak hour are from the Naples Dodge site. The northbound access lane configuration consists of one right turn lane. The SYNCHRO@ analysis indicated the northbound queue would be 20 fL Since the access primarily serves the service department and spaces on either side are used for vehicle display only, the proposed 25 ft throat depth should be adequate, I&C Boulevard & Right-out only Driveway (Easternmost) This project is estimated to generate 5 northbound right turning movements during the PM peak hour. The northbound access lane configuration consists of one northbound right turn lane. The approach should be provided with adequate throat depth before the first driveway, accessway or cross street is introduced to the access drive. IMPROVEMENT ANALYSIS Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive narrative, J&C Boulevard is projected to operate in excess of the performance standard maximum service f10wrates (SF max) as established by Collier County under background traffic conditions. As shown in Table 8, the levels of service for all links in the area of the project will meet the level of service standards during the PM Peak Hour with Buildout Year Total Traffic after improvements Naples: Muda ZTIS 14 1;\Projecu\8ID\81058\Trafflc\Update_Sr.ptcmber _2007\8 IOS8_ZTlS_03.doc Agenda Item No. se December 11, 2007 Page 105 of 145 needed to mitigate projected background traffic deficiencies are constructed, Therefore, no off- site improvements should be required from this project for mitigation. The following intersection improvement was identified as being needed in order to accommodate projected Background traffic: Allport-Pulling Road & J & C Boulevard intersection: . One 350 ft long additional eastbound left wm lane to provide Dual eastbound left wrn lanes MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fees as building permits are issued for the proposed project. Developers' payment will be subject to any impact fee agreements entered into between the applicant and Collier County. Naples Maxda zns 15 1:\I'ro}ects\S I0\81058\Traffic\Update_September_2007\B IOS8_ZTlS_03.doc - Vanasse. Daylor fir/ u.... _. TnIit 10;"';' lIodKIfI....---- 'Citlll(itoril( nlll l1m .. ..., ........ SM" ... """nUNJ ,nun.tIIl dlUJlD . ....- -- Myers Enterprises of N.ples, LLC & Naple. Dodge, Inc. 381 Airport Pufllng Road Napht., Florida 3410; Seprembltr 2007 Agenda Item No. se December 11 , 2007 Page 106 of 145 Naples Mazda Study Atea and StudIed Intersections EXHIBIT 2 W()E 5 Not to Scale +-40" r4O" r4O" J&C Boulevard 5 6 l ~ " r " r " " ~ IO%~ 40%~ . . E v ~ v v 10%1. . . " ~ " 10%1. " " . > " " " 0 " c " ... .. 0 ~ ~ 0 . " E .. , . 0 2 > 0 0 '0 ~ ~ v ~ ~ ;;e i B Project Site Naples Mazda Naples Dodge 4 1&U!!!I1 Agenda Item ND. se December 11, 2007 age D 5 .. " .. J 2 40% ~ l " " 40% ~ .. 'C .. 0 a:: .. ~ '3 ~ , t 0 co. l- ei 3 -<E-- Site Trip Distribution" Vanasse 11II Daylor WL .. -... Myers Enterprises of Naples, LLC & Naples Dodge, Inc. 381 A/l'poI1 Pulling Road NspJes, Flctlda3410P s."lMlbw:zoGr 81 58_ZTIS_03.xls UrmPlllllil& lllllcinri-iIJ l..&Iopl~ E__Illta.Kt rriE...... FLl" mllhw...,......~.. f4II!lJIn.nnMl ,139.4l1.4"1 rUUJlAfn .-,- -- Naples Mazda Site Generated Trip DistributIon Pen;enhlges EXHIBIT 3 .~ N WOE S Not to ScIIle Vanasse _ Daylor . iJ~n - .'W~ 1110 _0 . s ....- ''*- ~ AntilaaIn -.....J ~ liIi~ n.w, IllJfIrw....,.....lNtliOO hllIIJm.8lltO'l .1lUl1MOl ,UtAJUOI ....,- ,.,.usM Mytn Enterprises of Naples, LtC" Naples Dodge. Inc. 381 AJrporl PuJIJng Road N,plu, F/otAAI 34109 Septarnb.r2Oll1 Agenda Item No. se December 11. 2007 Page 10S of 45 ",,,,,., Naples Mazda AM Peale Hour Trip Assignments EXHIBIT 4 N WOE S Not 10 Seale Agenda Item No. se December 11, 2007 age 0 5 ~ - 14 :!e .r- 14 .r- 14 J J&C Boulevard 5 6 2 r; ~ r . r (33) --1 l c . . 3 ~ 21 ~ ~ . u 21+ ~ u u . . . 3 "1 ;; . 3 "1 > ~ ~ ~ ~ ~ 0 " c ~ C- o 21 ~ . E .. + ~ . c ~ ~ > 0 0 i '0 ~ u ~ ~ ii' '3 is ~ ~ Project Site 0 a: Naples Mazda ... ~ :; ll. . Naples Dodge t 0 Q. .. < ~ (42) ~ ~ ~ ,,- ~ ~" L J! 4 3 II ~~ - - (33) ~ ~ ~ +-- xx PH Peak Hour Site Trips (XX) PH Peak Hour Naples Dodp Trips MlnPIaHilt T_I" .............. ,..::.:r.:::: r.riI E..... n JU UlJl.......,WnriIoirt.. f41\lIyln.f1UtD1 ,m.4J1)M1'11,.oUilI "........ I'IIP".QIIIN: Myers: Entet'prIsa of N.pIes. l.LC ,& NyJes Dodge,lnc. 38f~PullfngRoad Naples, FIorldI 3410Q S_pc.",_rllHlT ,-- Naples Mazda PM Peale Hour Trip AssIgnments EXHIBIT 5 81058_ I _03.)ds W<>E S NottoSClile Project Site Naples Mazda J&C Boulevard Naples Dodge Vanasse 11III Daylor "__ 81058_ _03. 5 4 __ r..._ lII6ape /!at*, E.n...I W. GriI~ flW IIDI.,......,IImri.... hII.,..nllllJ ,nMJT....1 ,n,.OlMU .- ... ... ...... ..- -_00 -....... ..~- ..-.. ...-... J1L 240 1485 2/3 194 I 307 --1' --+ ~ "0 .. o CI:: .. ,g :; ll. t o Q, .. <( -- Myers Enterprises of Naples. LLC" Naples Dodge, Jnc. 381 AJrpoIt PuIJing Road HaiMa, FlorIda 3410f1 S."..,..bw2lJO'T L40/24 ~9/2 r 59132 2 llr ....0- ..0... -..- ..-.. ~-- -.. ~ o 3 bl:PDlII <IE-- AHlPH Puk Hour Vol Traffic Count Da" 0<V05f2007 PSCF = 1.0 ...- Naples Mazda ExlsUng Counts for Allport-Pulling Rd " J&C Blvd InUH3ectlon EXHIBIT 6A W<>E 5 Not to Scale Project Site Naples Mazda Vanasse 11II Daylor ir' " 81058_ J _03. 5 J&C Boulevard Naples Dodge 4 lMlm"'" TAftkE" ~ __ ,..::.:.r.:: o.iIbpttliI& RlU lUH...ana.,.....!IIIII.. tonllr-s.RJltII' ,2JUHMOI ,nUJJ."U .....- ~~~ --... ...... ~-.. JIL Agenda Item No. Be December 11, 2007 5 Lo",o" ~O"'O" ,r--O"'J" 2 15"'2" -1 llr 50'" 0" ~ ...... "-0 0'" ," ~ ...... ~YO 'tl .. 0 a: DO :E :; ll. t: 0 e- <( ......"" Myers Enterprises 01 N.es, llC & Naples ao..lm. 381 A/qJoIt PuIfIng Roed NepJft,FIorida 34,OQ -,,.,, J ~ +-- AMlPH PeP: Hour Truck" Traffic Count Da~ 04J()512OO7 ,_... Naples Mazda Existing Counts Percent.ge Trucks for Allport-Pulling Rd & J&C Blvd EXHIBIT 6B .~ W()E S NottoSCllle 077 -+ 5 ~161 J&C Boulevard M e u . '" . E . > o .'1 , ~ 877 -+ Project Site Naples Mazda ~161 . o . . . E tl . . > o ~ .. o ,g u . . i5 Naples Dodge Vanasse 11II Daylor ,__ 81058_ I _03.xl5 4 \&Wll!J Agenda Item No. se December 11, 2007 age 0 45 6 .. L16 0" ...... ~1 --.. J1L r35 1 568 --.1 llr 3 - ..~.. ~~.. 339 ~ ~ "Cl oj 0 a: .. ~ "5 a. . t: 0 co. .. C( M M e u . ~ " o w 2 ~ ~ "' 3 -+-- PM Pak Hour Badqround TraffIC Volumes IrM.f'lINUl lrdit~ ~ ___ E........Xi.J GliIbpttriI& flJU nne.....,....-...... hn~f1Um I m.UJMlI ,DtAJUIU ......- --.. Myets Enlefprls.. of Naples. UC & NlpIes Dodpe, Inc. 381 Airpott PuIJIng Road Naples. FJodda :u,og s__ ,~... Naples Mazda PM Peak Hour S.ckllTOund Traffic EXHIBIT 7 W(>E S Not to Scale I 8~0~ I I I ~261 rl4 J&C Boulevard ~ v ;::; : c . E . > o .5: -, ~ 898~ 3'1 <E-- 275 r" r c . . . ~ ~ 0- o . E I~ I.~ 15 J.e.PIll!I ~ ..." ..~.. --... J1L 6 . . v v . ~ " o " o " ~ ~ ii' r 589 3 360 ~ ---.l ~ ~ Agenda Item No. se December 11 2007 age of 45 L26 ~2 r-35 2 llr M~~ ..~... ~ "tl .. o a: .. ~ "S ll. t: o co. .. ;a: 3 Vanasse 11III un.. PiDIilt .:.:.::r= -.. ,-- ~lrdilraRIE' XiIIct Myet$ Enterprlses of Naples Mazda ""- "'" NllpIes, LLC & N.ptu PM Peak Hour Total Trame Dodge, Inc. Daylor . llJ.........,..........6lIO 381 Mporl NIing Road EXHIBIT 8 I," IlpIn.n llffI Naples. FIodda 34109 ~":l,j,,; ,1lUIWIII ,JJur.um S.fwIIDw H07 .....- 81058 LII::; 03.x18 Project Site Naples Mazda Naples Dodge 4 +- PM Peak Hou- Total TBffic Volumes ....- N WOE S Not to SQIe Project Site Naples Mazda Agenda Item No. se December 11, 2007 5 " :.. L28s' " :: ~ ~ Jill L J&C Boulevard 2 350' ---1 ll1rr -V " :.. ... .. ~ ... Naples Dodge Vanasse. Daylor . t..-. 81058_ I _03.xts 4 bt""1 ln11it~ ....~ i:.--.Iid..u [jftIi:IPn*I nm Iml......,~1Mt... ltrt....nuffI ,nun....l ,nUfl.UI4 .-- ." .. o a:: DO ,g "5 A. i o co. .. < 3 I.OPDlII <(-- Existine Turn Lane Jenp In faet _Of Myers EntetpIf.ses 01 HaplU. Ltc" N8P1es Dodge, Inc. 381 Akpott Pu1I/IIg Roed NapMs. FIoi1W :U1~ S__ -- Naples Mazda Existing lane conflr1uratfon and turn litne lengtM for studied intersections EXHIBIT 9 N W{)E 5 Not to SeIIl. J&C Boulevard ~ T T -r ~1 r -r . " . E . > o 1 '5 ~ Project Site Naples Mazda Naples Dodge 4 Vanasse. Daylor . u. PUIi TnIIir. b;..iq ,-::t.... .............. 1if11 I...... FL W lJTM....,.......IoIIt. fin.... HI)JfI ,JlUJUIII.1H.4JlA'li .....,.11III 81 _ZTl .xls , 2 ~ ~ 2 o ... ~ J 111 L r ;" ~ (350') --1 350' --5 -v 'tJ .. o II: DO :E "S a- t o Q, .. < Agenda Item No. se December 11. 2007 age 115 of 45 L285' +-r 2 linr o v. ~ .. ~ M 3 I&PIll!I +-- xx Turn 1_laneth In ft. WIder existinr condition (XX) Tum 1....1entth In ft. for 8ackp'OUnd Tratlic XX Turn lane lehJth In It. for prajec:t TrafIic --... Myers Enterprises of NapIe$, llC I N.pIes Dodge, Inc. 381 AItporl PuIJInfJ Road NaiHs. FIonda 3410P -- -- Naples Mazda Lan. configuration .nd turn lane lengths for Bkgd."d Total rrafflr: EXHIBIT 10 Agenda Item No. se December 11, 2007 Page 116 of 145 ApPENDIX . Initial Meeting Checklist Dated 03/30/2007 . Collier County Concurrency Segment Table August 8, 2007 _ Collier County 2006 ADT Count Data _ Collier County AUIR Table . Collier County In Quarter 2007 two way count data for Station # 631 _ FDOT Q LOS Table 4-7 _ FTE Turning Movement Count Data _ Conceptual Site Plan _ SYNCHRO@ 6.0 Analysis Printouts . FDOT Standard Index 30 I Naples Mazda ZTIS Appendix Agenda Item ND. se December 11, 2007 Page 117 Df 145 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 3/30/07 Time: 9am Location: CC Tranportation People Attendinl!: Name, Organization, and Telephone Numbers I) Reed Jarvi. P.E.-Vanasse & Davlor. LLP 437-4601 2) Nick Casalanquida-CC Transportation 3) John Podczerwinsky-CC Transportion 4) 5) Studv Preparer: Preparer's Name and Title: Reed Jarvi. Vice President Organization: Vanasse & Davlor. LLP Address & Telephone Number: 12730 New Brittanv Blvd. Suite 600 Fort Mvers. FL 33907 (239) 437-4601 Reviewer(s): Reviewer's Name & Title: Nick Casalanquida Collier County Transportation Planning Manager Reviewer's Name & Title: John Podezerwinsky Collier County Transportation Planning Department Organization & Telephone Number: Applicant: Applicant's Name: Mvers Enterorises of Naples, LLC & Naples Dodge.lne, Address: 6381 Airoort Road. Naples Fl. 34109 Telephone Number: 239-594-2100 Proposed Development: Name: Naples Mazda Location: Southwest corner of Airoort Pulling Road North and J&C Boulevard Land Use Type: New Car Sales lTE Code #: 841 Proposed number of development units: 20.000 SF Other: Description: 11.Pr,,}lrd'sl51mef05t.rHJ~1I7St..~MtIf'I"'gdix: Agenda Item No. 8e December 11, 2007 Page 118 Df 145 -"-;.>-. Zonin!! Existing: Industrial Comprehensive plan recommendation: Growth Mana\!ement Plan Amendment (GMPA) c-4 zonin!! reauest Requested: Mixed.Use Activity Center (MUAC-13) Findings of the Preliminary Study: Trip Generation: This proiect is exoected to l!enerate 64 PM Peak net new trips (25 enterin\!. 39 exiting). Studv Tvpe: Minor Study [8J o Traffic operations [)( I""tell-} ed,Vtl o/=- )~0/ /f}1 fLf ell ~ None Study Area: Boundaries: Airoort Pulling Road North and J&C Boulevard (Site Location Map) Additional intersections to be analyzed: "'5 ') (, / /!1fl-pIJYI T HorizDn Year(s): Analysis Time Period(s): Weekday AM and PM Future Off-Site Developments: N/A Source of Trip Generation Rates: Institute of Transportation En!!ineers (lTEl Trip Generation (7''' Edition) Reductions in Trip Generation Rates: None: N/A Pass-by trips: Institute of Transportation Engineers (ITE) Trip Generation Handbook. 2"d Edition. June 2004. Internal trips (PUD): Institute of Transportation En!!ineers (lTE) Trip Generation Handbook, 2nd Edition. June 2004. Transmit use: N/A Other: NI A Horizon Year Roadwav Network Improvements: Followinl! are the committed improvements in the vicinitv of the proiect: Metl1odolo!!v & Assumptions: Non-site traffic estimates: Site-trip generation: ITE Trip Generation (7'" Edition) Trip distribution method: Manual method per attractors/l!enerators in the area Traffic assignment method: manual Traffic growth rate: TO BE DISCUSSED 1- <1" '1oi''r...ill(!;''''(lt:(~:(,t,~~''''AI/.:'i~!.,~.l!;~''i'f 'J.~, -.} .1:': Suecial Features: (from preliminary study or prior experience) Accidents locations: N/A Sight distance: Adeouate Queuing: N/A Access location & configuration: Traffic control; Signal system location & progression needs: N/A On-site parking needs: Data Sources: Collier County Traffic Counts. AUIR. Cone SeR Tables Base maps; Roadway Network Prior study reports: NI A Access policy and jurisdiction: Collier County Review process: Requirements: Miscellaneous; TO BE DISCUSSED Agenda Item No. se December 11, 2007 Page 119 Df 145 ==~============================================================ 3/30(07 3/?o)a7 Reviewers Applicant i 1""'1<';'(': :.~~ ";..~I1S1;i,,,,.~k"('!.~ ~1t:::r.:."Q:~#i t!.l~~,1 ,oj,,,, ..m_ Naples Mazda Site Location Map Naples Mazda Myers Enterprises of Naples. LtC & N8l'iea Dodge. Inc. W+E S Agenda Item No. se December 11, 2007 Vanasse Daylor - It" th& end user's ruponslbllty to verly the data contained ~ Pn:ljtct~e1068 FILE: \w"'''8Lnaa'\dIoCs\f'I'qectS\B101e1058\1I1lrflC'il'lD58 t.ocadon Mep.tnlld l'll "'C :J I: .. '" c.. l'll Z cc '" co cc Agenda Item No. se December 11, 2007 Page 121 of 145 ~ ... .. .. .. ... ~ :: ;g .. .. ... "" .. "" .. .. ~ .. -il " l J ~ ... .. ... ... ;. J ... ... ... .. ~ ... ... ~ .. ... ... .. 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'" co => => c.c.. ill ill ni "ii v> v> ~ ~ .. .. u u ~ ~ z z ~..::'- Agenda Item No. se December 11, 2007 Page 122 of 145 PM Peak Hour Trip Distribution N WOE ;, Notto Scale 10 (21) .J I r 20 I&C Boulevard 5"'l ... ,. 15+(33) 48 J ... 9 30+(33) 15 "'l 10 1---- __________________~____l '0 , m , , 0 , I I , '" , Naples Mazda , 0> , , ~ , , '3 , , 0- , , , Naples Dodge I , t , , 0 , , e- , , <( , , , -----------______1 1_________ (33) (21) 15 '* t. (42) .JI (33) "'l ...t (21) 10 Numbers In quotes ( ) are Naples Dodge only Agenda Item No. se December 11, 2007 Page 123 of 145 u ~ "" ~ ~~~ UH <;>.~ t; ~ ~::: ~ Tn HT! 01",,.- :2:!:!g ~ ~ ~u ~ fgl ~ ..;1: fi!id!' .. .l 888 BU . ~ ~-" :2 d..;_ !t=t!:!:! ~ . . t ~ !U un ~~= .....:rl... U '" ... - - ~ 888 BB -~~ ~-.. ~. ~ ....... -- H n~ Hn rt-;.... ..; "..; ~::: ~] ~ g ~ ~ ~ ~ ~ ~ . . q"'i~ ...; .... ..... ... ...... 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'il u IE Q ~ }' w ~ ~ 0- '" Collier County Average Daily Trame (ADT) Counls (Five Year Hislory Lisled Alphabetically) Agenda Item No. se December 11, 2007 Page 125 of 145 5 A T I n y a 0 2006 P m AOT I . e Location 2002 2003 2004 2005 Change i , AOT AOT AOT AOT fBased on 05.()6 , AvaU.bltt 0 Counts] n . . 613 H Q l11th Ave North east of Vanderbill Or(CR 001) 8.493 8,383 9,292~':;!;;1f~10 7,721 585 H Q 1 l11h Ave North west ofVanderblll OrcCROO1) 4,593 4,774 5,500 @~~~O 4.402 665 A 29 (SR north of Farm Worker's ViIlllQe 9,919 9,940 10,131 9,875 9,915 0.41% 591 A 29 SR north of SR 82 7,601 7,540 8,117 8,335 8,275 ~O. 72% 615c A 29 SR north of US 41 (SR 90) (Tamiami Trail E.) 3,072 3,198 2,591 2,620 582 A 29 SR south of US 41 (SR "I 3,940 3,679 3,419 3,177 3,316 08% 661 A 82 SR west of SR 29 11,624 11,144 11,225 11,531 13,846 20.08% 619 Q 646 (Devil's Garden Rd) easl of SR 29 4,242 3,317 3,269 2,853 3,114 9.15% 553 H Q Airoort Rd (CR 31\ north of Davis Blvd (SR a,) 45,883 47,870 50,029 ~~rt~~o 49,519 501 cccc Q Airport Rd (CR 31) north of Golden Gate PkWY. (CR .." 50,748 43,412 42,784 "%<kf:%'O 693 Q Airoort Rd fCR 31' north of North Road 52,148 55,416 53,860 54,560 54,203 -0.65% 599 cc Q Airport Rd (CR 31) north of Oranae Blossom Dr 45,664 48,896 46,144 39,444 38,347 -2.78% 503 CCCC Q Airport Rd ICR 311 north of Pine Ridae Rd (CR .061 44,288 49,634 46, 179 )WJt:~tZO 40,698 543 H Q Airport Rd (eR ~1) north of US 41 (SR <45) (Tamiami Trail) 27,572 27,919 29,607 ~:':~;;'?Wf!tO. 28,494 659 Q Airport Rd (eR 31) north of Vanderbilt Beach Exl(CR 862) 34,986 35,742 36,331 31,088 29,500 ~5.11% 552 Q Airport Rd (CR 31) south of Davis Blvd (SR 84) 36,031 37,000 37,895 38,943 36,432 -1.38% 533 CClHC Q Airport Rd (CR 31) south of Golden Gate Pkwv (CR ."1 55,412 50,809 53,637 'iJtf!t'<filZo 554 H Q Airport Rd (eR 31) south of lmmokalee Rd (eR 846) 31,89932,518 33,601 ,'1i\~01 26,829 502 HN Q Airport Rd (CR 31) south of Pine Ridae Rd (CR .961 49,877 46,331 46,970 :&~~jO , 717 S Bald Eaale Dr (CR 9531 north of Heall1wood Dr 13,354 12,915 13,370 Disconl. Discont. 700 S Bald Eaale Dr (CR 953, north of Barfield Dr 9,250 7,105 8,505 Disconl. Dlscont. 539 Q Bald Eaole Dr ICR 9531 north of Collier Blvd (SR 951) 11,173 11,388 13,233 Disconl. Discont. 540 Q Bald Esele Dr (eR 953) south of Collier Blvd (SR 951) 11,314 10,978 11,805 Disconl. Discont. 622 Q Barfield Dr south of Collier Blvd (SR 951) 8,576 8,349 8,938 Oisconl. Discont. 701 S Barfield Dr easl of Bald Eaale Dr (CR 0531 4,950 4,548 5.196 Discont. Discont. 621 Q Barfield Dr narth of Collier Blvd ISR 9511 3,546 3,405 3,601 Disconl. Disconl. 718 S Barfield Dr north of San Marco Rd (eR 92) 9,166 9,122 8,480 Disconl. Discont. 711 S Barfield Dr north of Winterberrv Dr 6,619 6,384 6,081 Disconl. Discont 713 S Barfield Dr south of Winterberrv Dr 3,802 3,941 4,267 Disconl. Discant. 521 Q Bavshore Dr north of Week Ave 16,352 15,377 14,636 14,271 14,012 -1.82% 626 A Camo Keais Rd south of Immokalee Rd ICR ...61 3,089 3,267 3,027 3,854 3,783 .1.84% 660 A Capri Blvd west of Collier Blvd (sR 951) 5,135 4,250 4,276 4,780 4,585 -4.08% 610 Q Carson Rd north of Lake Trafford Rd ICR 890\ 5,656 5,703 5,927 5,472 5,797 5.93% 618 A Chokoloskee Causeway south of Plantation Parkway 2,173 2,209 2,172 2,075 1,834 -11.61% 573 Q Collier Blvd (eR 951) north of Davis Blvd (SR 84) 45,475 46,582 53,8661~0~~~t 2.02% 584 HC Q Collier Blvd (CR 951) north of Golden Gate Blvd 18,042 18,538 18,518 '0' II 525 Q Collier Blvd (eR 951) north of Golden Gate Pkwv leR 886) 26,518 27,409 29,570 31,943 32,040 0.30% 536 Q Collier Blvd (eR 951) north of Pine Ridee Rd (CR 896) 31,031 33,549 35,421 37,304 36,939 -0.98% 602 Q Collier Blvd (CR 951) north of Raltlesnake Ham Rd feR 864 30,288 31,626 33,926 38,709 39,767 2.73% 532 Q Collier Blvd (CR 0511 north of US 41 CSR 00) ITamlami Trail) 22,828 23,920 21,918 23,061 28,323 607 Q Collier Blvd (eR 951) south of Golden Gate PkWV(CR 886) 22,415 23,232 25,815 29,160 30,060 3.09% 855 cc Q Collier Blvd (CR 9511 south of Immokalee Rd rCR....) 19,125 19,484 "& '.69% 657 Q Collier Blvd (CR 9511 sOUlh of l.elv Cultural Blvd 25,016 26,284 29,365 32,477 32,739 0.81% 603 C Q Collier Blvd (eR 951) south of Rattlesnake Ham Rd (eR 864) 27,713 27,928 31,462 34,013 . 0.46% 557 cc Q Collier Blvd (CR 961) south of US 41 CSR SOl' amiami Tralll 34,288 34,132 35,556 555 Q Coliier Blvd SR 951\ easl of Bald Eaole Dr (CR 953 18,995 18,914 20,627 Disconl. Disconl. 624 Q Coliier Blvd SR 951\ north of San Marco Rd CR 92 17,721 16,656 18,348 Disconl. Discont. 708 S Collier Blvd SR 951\ north of Winlerberrv Dr 12,484 12,627 13,056 Disconl. Discon!. 627 Q Coliier Blvd SR 951\ south of Ceori Blvd (CR 952) 26,366 26,178 27,814 28,596 27,198 -4.89% 556 Q Collier Blvd fSR 951\ south of Marco Bridoe Jollev Bridoe) 26,493 26,271 27,743 Discont. Disconl 716 S Collier Blvd ISR 951\ soulh of San Marco Rd ICR 92) 17,335 17,951 18,885 Disconl. Discont 710 S Coliier Blvd (SR 951 \ soulh of Winterberrv Dr 10,818 11,160 11,035 Discant Discont. 623 Q Collier Blvd (SR 951) wesl of Bald Eaale Dr ICR 953 22,664 21,281 23,519 Oisconl. Discont. Note: Aft 2005 zero entries are either construction or hurricane relaled anomalies, All 2006 anomalies are due to construction. Pages 3-80115 February, 2007 .- Collier County Average Dally Trame (ADT) Counts (Five Year History Listed Alphabetically) Agenda Item No. se December 11, 2007 Page 126 of 145 '.-... 5 A T t n y 0 2006 a p m ADT t . e Location 2002 2003 2004 2005 Change I I ADT ADT ADT ADT (Based on 05.()6 Available 0 I Counts) n . . 67 9 NClHC Q ImmokaJee Road (eR 646) west of 1-75 (SR 93) -- 39,775 45,345 "" 67 4cc Q Immokelee Road ICR 846) west of Wilson Blvd 20,460 21380 21,277 67 7CIH Q Immokalee Road Easl of Everoledes Blvd 5,086 5,224 5,205 5,408 671 Q Immokalee Road south of Corkscrew Sanctuarv Road 5,492 6,033 5,348 7,193 7,546 4.91% 631 Q J & C Blvd wesl of Jljroort Rd (CR 31) 12,040 11,946 12,131 12,110 11,686 -3.51% 614 A Jane's Scenic Dr wesl of SR 29 1,011 998 705 655 705 7.63% 707 S Kendall Dr wesl of Collier Blvd (SR 951) 3,135 3,470 3,454 Discont.~_a 609 C Q Lake Trafford Rd (CR 890) west of Carson Rd 6,547 6,679 6,320 6,769 . 24.99% 551 Q L8ke Trafford Rd ICR 890) west of North 151h 51 (00 29\ 12,004 12,280 12,337 12,435 13,653 9.79% 690 C Q LlvinOston Rd (CR 881) 1.5 m north of Golden Gate Pkwv (CR 866\ 5,192 20,947 29,759 lil311:8511 37,032 6.24% 574 C Q L1vlnn.lon Rd (CR 881\ north of Medlterra 11.281 15,086 17,324 14.84% 575C Q Livinaslon Rd (eR 881) north of Pine Ridoe Rd (CR 896' 16,409 '1026;207. 26,258 0.19% 597 H Q Livinnston Rd (CR 881\ south of Immokalee Rd (CR 646) ~J'i!iq 25,729 576 C Q Livinaston Rd (CRB81\ south of Vanderbilt Beach Rd (CR 862) 13,935 --~ 37,412 673 CC Q Livinaston Road (CR8Bl) north of Immokalee Road (CR 646) 3,230 2,840 16,344 19,090 23,077 20,88% 686 Q Livlnaston Road (CR 88n north 01 Radio Road fCR 856\ 12,136 16,466 19,063 22,934 24,327 6.08% 687 Q Livinnslon Road (CR 881) south of Golden Gate Pkwv (CR 88S) 14,578 23,314 27,696 33,209 36,241 9.13% 587 H Q Loaan Blvd north of Pine Ridae Rd (CR 8961 13,147 11,683 10,094 . ~,O 10,254 588 Q Looon Blvd south of Pine Rid".. Rd(CR89S 34,207 29,276 29,523 29,925 30,507 1.94% 654 Q Looon Blvd .oulh of Vanderbilt Beech Exl.(CR 862) 10,984 9,682 8,147 e.o3~ 3.65% 664 C Q Main 5l1SR 2') wesl of South ls1 5t (CR 8461 12,944 13,451 13,627 14,327 '. 4.79% 723 S M,nalee Rd east of Collier Blvd (CR 951) 4,802 4,310 4,786 4,661 4,116 -11.69% 612 Q New Market Rd (SR29A) east of North 15th 51 (SR29) 7763 8,137 8,633 8,384 9,006 7.42% 550 Q New Markel Rd ISR 29A) .outh of Broward 51 7,968 7,576 8,405 6,993 7,710 10.26% 663 Q North 15th 51 (SR 29) north of Lake Trafford Rd (CR 890\ 10,087 11,085 11,565 12,265 14,199 15.76% 683 H Q North 15th 51 (SR 29) soulh of Lake Trafford Rd I CR 880) 16,969 17,574 16,525 , - (j 20,984 590 Q North 1st St north of Main 5ICSR28) 7,408 7,304 7,977 8,551 9,771 14.26% 692 Q North Road west of Air ort Road CR 31) 2,857 2,474 2,916 3,056 3,043 -0.42% 845 Q Oakes Blvd north of Vander bill Beach Rd fCR 8621 11,622 12,803 13,920 11,401 11,672 2.38% 682 Q Oakes Blvd south of Immokalee Rd (CR 84. 11,241 11,598 11,953 9,785 10,388 6.38% 725 5 Oil Well Rd (OR 858) east of BJO Cvore.. Elem Sch 5,340 6,692 6,119 6,788 7,289 7.39% 724 S Oil Well Rd (CR 8581 east of Immokalee Rd fCR 846\ See 64 6,667 8,124 9,096 Disconl Discont. 649 CIH Q Oil Well Rd (CR 8585 ea'l 01 Immokalee Rd fCR 846\ II 11,629 547 Q Old U5 41 (CR 887) at Lee County Una 14,750 14,933 16,3121 .16,490 16,317 ,1.04% 647 Q Oranae Blossom Dr east of 1lmberline Dr 9,348 9,074 9,6461 10,876 12,210 12.27% 526 C Q Pine Ridoe Rd ICR B96) ea.t 01 Airnort Rd (CR"\ 51,966 51,966 ~;;~;~~~~ 56,659 2.84% 514 NCC Q Pine Ridne Rd (CR 896 ea'l of Goodlette Rd (CR 851) 50,035 50,867 59,193 628 CC Q Pine Ridne Rd (CR 896\ easl of Ltvlnoston Rd (CR 881\ 47,494 64,248 6.41% 535 Q Pine Ridne Rd lCR 896) ea'l of Lonan Blvd (Sanla Barbara) 19,517 21,625 23,481 24,892 24,984 0.37% 512 NN Q Pine Ridne Rd (CR 89S) east of US 41 (SR 45) (Tamiami Tr 35,446 43,429 37.603 39.369 43,775 515 Q Pine Ridne Rd (CR 8") wesl 01 Alrnort Rd (CR 311 44,655 45,684 48,034 43,532 54,400 24.97% 600 Q Pine Ridne Rd (CR 896) west of Ln<\an Blvd 37,184 39,563 41,985 44,995 47,092 4.66% 634 A Plantation Parkway east 01 CR 29 598 842 730 670 613 -8.51% 544 Q Radio Rd(CR 8561 east 01 A1~ort Rd (CR 31) 22,527 23,677 25,538 26,989 28,914 -0.28% 589 C Q Radio Rd ICR 856) east 01 Santa Barbara Blvd 15,851 15,443 17,599 19,456 19,623 0.85% 685 C Q Radio Rd (CR 8581 we.1 of 08vis Blvd (SR 8') 9,976 10,008 11,435 12,750 13,601 6.67% 527 H Q Radio Rd ICR 8561 wesl of 5anta Barbara Blvd 24,261 23,858 25,619 25,091 668 Q Radio Road (CR 858) easl 01 Llvlnn.lon Road ICR 881\ 26,163 28,593 32.238 32,996 32,510 -1.47% 689 Q Radio Road (CR 8581 west 01 L1vlnoston Road (CR 881) 21,809 22,754 25,778 24,455 28,079 14.82% 651 Q Randall Blvd ea.t of Immokalee Rd (CR "6) 6,077 7,135 7,882 9,139 10,417 13.98% 534 Q Rattlesnake Ham Rd (CR 864) easl of County Barn Rd 15,717 14,537 15,586 14,921 15,478 3.73% 516 Q Rattlesnake Ham Rd (CR864) eastd US 41 (SR 90lTamiami Tt) 15,682 16,703 17,509 15,303 19,139 25.07% 516 C Q Rattlesnake Ham Rd (CR B84) wesl of Collier Blvd (CR 9511 9,087 10,051 10,876 10,091 Note: All 2005 zero entries are either construction or hurricane related anomalies. 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'" .......... .......... ~ .................... ......NNN NN co Agenda Item ND. 8e December 11, 2007 Page 128 of 145 ui !;( o u.i .... <l: o .. 0> ~~ ~C"'t ~ M N co ro 3: c .2 Cii ii5 ~ C .9 :::J U 0 <Il U "0> LL .... ,., Cl", ro '" C l!!Cl c ci " ~N 0 0 - u <( u ~ OJ e? ~ w is (5 u .... o o ~ N iD ui !;( o .... o o ~ ui ~ TABLE 4 - 7 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS* Agenda Item No. Be IU~tKt~~071 UNINTERRUPTED FLOW HIGHWAYS FREEWAYS Level of Service Jnterchange spacing ~ 2 mi. lpart Lanes Divided A B C D E Level of Service I Undivided 110 400 790 1,130 1,440 Lones A B C D E 2 Divided 1,060 1,720 2,500 3,230 3,670 2 1,270 2.110 2,940 3,580 3,980 3 Divided 1.600 2,590 3,740 4,840 5,500 3 1,970 3,260 4,550 5,530 6,150 STATE TWO.WAY ARTERIALS 4 2,660 4,410 6,150 7,480 8.320 Class I (>0.00 to J .99 signalized intersections per mile) 5 3,360 5,560 7,760 9,440 10,480 Level of Service 6 4,050 6,710 9,360 11,390 12,650 Lanes Divided A B C D E I Undivided .. 220 720 860 890 Interchange spacing < 2 mi. apart 2 Divided 250 1,530 1,810 1,860 ... Level of Service 3 Divided 380 2,330 2,720 2,790 ... Lanes A B C D E 4 Divided 490 3,030 3,460 3,540 ... 2 1,130 ].840 2,660 3.440 3,910 3 1,780 2,890 4,180 5,410 6,150 Class II (2.00 to 4.50 signalized intersections per mile) 4 2,340 3,940 5.700 7,380 8,380 Level of Service 5 3,080 4,990 7,220 9,340 10,620 Lanes Divided A B C 0 E 6 3,730 6,040 8,740 11,310 12,050 I Undivided .. 100 590 810 850 2 Divided .. 220 1,360 1,710 1,800 BICYCLE MODE 3 Divided .. 340 2,1 JO 2,570 2,710 4 Divided .. 440 2,790 3,330 3,500 (Nole: Level of service for the bicycle mode in this table is based on roadway geometries at 40 mpb posted speed and traffic conditions, nol number of Class III (more than 4.5 signalized intersections per mile and not bicyclists using tbe facility.) (Multiply motorized vehicle volumes shown below within primary city central business district oran by number of directional roadway lanes to determine maximum service volumes.) urbanized area over 750,000) Paved Shoulderl level of Service Level of Service Bicycle Lane Lanes Divided A B C 0 E Coverage A B C 0 E I Undivided .. .. 2&0 660 810 0-49% .. .. 170 720 >720 2 Divided .. .. 650 1,510 1,720 50-84% .. 130 210 >210 ... 3 Divided .. .. J,020 2,330 2,5&0 85-100% 160 380 >380 ... ... 4 Divided .. .. 1,350 3,070 3,3]0 LevelorService Lanes Divided A B C I Undivided .. .. 270 2 Divided .. .. 650 3 Divided .. .. 1,000 4 Oivided .. .. J,350 D E 720 780 LevelorServiee 1,580 1,660 Sidewalk Coverage A B C D E 2,390 2,490 0-49% .. .. .. 330 810 3,130 3,250 50-84% .. .. .. 520 990 85-IOOr% .. 120 590 >590 ... PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway geometries at 40 mph posted speed and traffic conditions, not the number of pedestrians using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine maximum service volumes.) Class IV (more than 4.5 signalized intersections per mile and within primary city central business district of an urbanized area over 750,000) NON-STATE RQADWA YS Major City/County Roadways BUS MODE (Scheduled Fixed Roule) Level of Service (NII~: BllIn p:r hour shown m on!)' fOf t1Ip;,n1l '.ur in Ihp; '!nll~ dlnclln oflht hipf InfT... flow.) Lanes Divided A B C 0 E Level of Service (Buses per hour) 1 Undivided .. .. 480 760 810 Sidewalk Coverage A B C D E 2 Divided .. .. 1,120 1,620 1,720 0-84% .. >5 ~4 ~3 ~2 3 Divided .. .. 1,740 2,450 2,580 85-100% >6 >4 ~3 ~2 ~I Lanes Divided I Undivided 2 Divided Other Signalized Roadways (signalized intersection analysis) Level of Service ABC .. ... 250 .. .. S80 ARTERIAUNON-STATE ROADWAY ADJUSTMENTS (alter corresponding volume by the indic.ted percent) o 530 1,140 E 660 1~20 Lones J I Multi Multi Median Divided Undivided Undivided Undivided Left Turns Lanes Yes No Yes No Adjustment Factors +5% -20% -5% -25% Source: Florida Department ofTransponation 05/17107 Systems Planning Office 605 Suwannee Street. MS 19 Tallahassee, FL 32399.0450 http://www.dot.state.f1.usplanninglsystems!smllosldefault.hlm ONE WAY FACILITIES IOCTUSe correJIDondinlz volume bv 1.2. . v.t_ .ho_ an: hourly dioecliOlll.! YClh"nn rodevels ,rHnli<<- and.n: lor 1M .ulomobilehnoek rncxIp;s vnl_ specirlnll)'lItIlrd To cenvctllD annusl.wn&e lIalIytrafficVDtumes. tlJcR \'Dlu_ musl be di.idcd b)' IpprDpri.tr; 0 tnd K f.cton. This lablcdoa IlDI CDl\Jlilutr; alWldmland should be _6 DIlly for IMftaI planninllpplialiDns. 1M compulr;r rnDIkb f_ nich liIis IabIe Is derived should be Iller! rot_lpecific planniltJ.&pplitaliDIII. 1bclable.ndckrhinleompulcrmodelslltoaklnolbeued rotcorridororl~loItclesip. \fWhete moreretlnedkcllniquC'lnist. Level orltt'Yic:ekttrrJIade IiIrnbolds .It'pnlbablyftCI eornpI.f'IIbIe ICnWmoclr..IId.I!mcro.... mm rnodalcompan-Ibouldbelllldc wittll:&ulion. F~.eombinin'kvelsorxrriftoofdi1Tm=n' ItIDda inlOOM ovaan Told....)' ~wl orRrvicc il nol reeonuniMdtd.. CalculaliOffl.re baud on pbminl 'IIplitalwnt oriM Hip.....)' C"I*il)' MMIUIL Bicycle LOS ModeL PcOcslriM LOS Model.ndTraIlIil CspIcilylllli Qualit)' ofSC't'Yicc Mionual. rnpccli..d)' ror Iht 'ulOmobllcAnoclr.. bicyelc. pedalri", Ind bus modes. "Cannot be .ebilf'VlId llIina: table inpul ...l~ ddi.uttl. ~uNol .ppliable for 1iI.1 level or..",ia leller Irldr;. For '~lDmobilfflnlelr. model, "GIIITMI pller lllan level orJC",ja; D bccotnc F bcca.ae mlertedion capaclLies IIavc been rcaCMd.. ForbiC)'l:lp; and pednlrilfl model. Iile k;;cl ofservl" lell~r ande (indudinl F) illH)t acilic....blc. b<<ausc IMR iuo _imum vehicle ..oIl1mc threlhold Illin,labtr; inpul ...IIIr; IlcfavllS. Counter: Counled By: Weather: Other: 4374/4371 Robert Good Florida Transportation Engineering, Ine. 8250 Pascal Drtve Punla Gorda, FL 33950 Ph# (941)6392818 Agenda Item No. se December 11, 2007 Page 130 of 145 FOe Name : AIRPOR_3 Silo Code : ~37 Slert Dale : 4/5120071 Page No : 1 Grouos Prinled.1 . Cars, Trucks and Ped I I Air port Pulling Blvd J and C Blvd IUr port Pulling Blvd J end C Blvd Soulhbound Westbound Northbound Easlbound Sl8rtTkne R' hl IU L.' ,.. h' IVU Ped. . hI hRl ., Ped. R hl "'" .ft Ped. nt. fOiin 07:00 at 165 16 0 10 3 11 0 3 112 '0 0 ,. 1 ,. , 613 01:15 .. 20. ,. 1 , . 6 0 4 131 46 0 30 1 43 0 0" 07:30 73 270 4 0 11 1 . 3 2 16. 63 0 3. 0 06 3 '02 01:"5 .4 202 13 1 11 6 21 0 7 21' 60 0 48 0 6. 0 632 Tola' 3'6 .,. 4. , 36 " 41 3 16 627 '.0 0 '30 2 ," 4 264, 08:00 10. 26. . 0 0 2 10 1 4 167 67 1 48 1 60 0 763 08:15 .. 200 14 0 13 1 16 0 3 260 34 0 66 1 67 0 623 08:30 e. 2.' 11 0 11 , 12 2 3 204 30 0 42 0 54 0 73. 06:..5 e. 275 23 2 11 3 0 0 6 '50 50 0 35 0 60 0 7.. Tola' 33' 1135 .7 , 40 7 43 3 15 ... ,.0 1 '6' 2 221 0 3130 ... BREAK ... 16:00 3-4 338 '0 , 7 , 3 . 11 3.2 21 0 71 2 127 . ... 16:15 62 311 6 2 4 0 . . 11 3.. " 0 .. 0 '01 . .81 15:30 35 351 '3 , 2 , 3 0 11 425 12 0 70 0 137 . 1086 16:"5 3. 334 , , . 0 11 0 11 373 14 0 .0 2 126 . 1012 Total 157 ,.., 35 . 21 , 26 0 .. 1556 7. . 2.' 4 '.3 0 ..047 11;00 40 348 13 2 10 , 10 0 . '0. 12 0 .3 1 11. . 10" 17:15 10 303 9 1 9 . . , 15 "9 13 0 65 2 ". . 962 17:30 12 282 1 3 . . . , 12 '3. 3 0 53 2 70 . 6BB 17:"5 ,. 331 12 3 6 0 , 0 13 ... 2 0 3. . " . 82. Tolal 61 1264 3' . 30 1 31 3 .3 157-4 35 0 239 . "e . 3736 Grand Tolal .,. 4661 126 "I 127 24 148 2.: I '" 4656 ". Apprch./. 15.8 60.8 3.0 0.3 41.5 7.' "7.7 2.4 88.2 ... 10181% 6.' 34.5 1.3 0.1 0.' ..2 1.' 0.1 0.' 34.4 3.7 po "'" Out. ,. Total I 60901 5793 1118831 91. 466' 17. 16 ~~tl IVU L,' Peds 1 4 c.~ I 0.0 ..0 39.1 ..3 13 0.6 0.1 1307 ".1 ... 0.; I 0.0 13554 -~ hY ti~ ~ o- r 1S~ >-M a~ ~2--t North ~ +- l:! fill! /6l200 :00: AM 0 ~r-:l. 15f2007 5:45:00 PM ..~~ '-~ 1. Cars Trucks and Ped ~.: "~ ~. " 0_ ~ . & ti" ~ .~ '1 T r' '" Th.. R' hi Peds 406 4656 128 1 1~71 5281 ~ In .,., . 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Sti'mtlorfCap:J\educ:tn~~~e&;~1i.O.~~~~,01.ffi~'i~~!;:~ii;{~ji::;~,~O.~'l;-.\i'.::7oifi,O~!:;~~!1:f.:Ji.O:;.~~~~m~.Q:i~~-~.:oi.'i!M~*O~~~O s.lli.!t~"'~.ff./l;.l':F'~"'''''''''''''''''''f.A""",,,,,,,Q~-'m~~,,,,=_",.>,~.,,,-,,J!,,"..~~~..,D,'-"'"1ffiY9","""2~"","ifu,.,..",,,,,=9,,,,.,,.,,,,-J...,,,,,_9, Stot:tle:eap~uC(O~~l;F.~:~~~c.Q,(;~";;'}:..i=$OW;-:';~r1':.l:~~;;~:;~ittrS%ti.::~~l.~OZil!~~~tOJ.''f.l.~ft~01Rl~i:t'S-~'gn~tf::'d)!''~-mo~h~~"Zl~Q Reducedv/cRatio 0.920.39 0.040.030.180.790.060.100.730.26 tif~~<l:r:i,l(,1rri'ih,rr.Q'!_,---' -=--~~~_:..i.....-2..::..~-2~:'__'....:::.~~::'[,~2~~~_~_,-=::~~' __.1____:. ~_: _.:.~;.:,~~_;-=- c;:y!;~~~n~LM~~e.....,...'''._.........,'.!'l~_....f:~..-.-I..--''~~..........";l:-;;:;O,.-"qm->;;w:-';'4.-:~"'~:'.~'-''''''.l!''j.-''''~'''''~''''~'='~<:;'''nxr:-''''"'-.';';:l;ii';:j.:~"~'~-I-,:!"~~;,~ Aciua~~C::Yae~8f;:1,~1~tr~iU~'i;mI:i~tfJr&1.~:m1Jjbli'$.if;.cli':i,;1t<'b~fu.;'i!.~;~f~~~~\i~~'bJt:r~'~~S~~~~,~~~!tJr~~':.~~ N'<<!~LC;:vpe:I~.o ....._..,... ,. ~""" .. _~._.. _ _ .._~."..__.... _... ...._.. _ __ .' ..-__ .~."--I"T':""""""r.'''A~~.,.....-,.b-,-''.!:-~~-:1?i;~_:};'r.'''....;.~l'')'q-.,~.=.....~,''.~c.-:JJ?_C:,.,..\"--".,;.:.~),.,!~ioi,\;>t~~;l',:,-~...,.,......'l";'t.~,;.Mi-,~~~~~tt-:c~~,^,'~ COntro ~1;YP<<"i~.:e<ffi\:JOCOOI,"'lrli!:ectl;jZ:W'4~;1t,~;:::..._\~6.:-i.;t'7-;I.:;;;~~;~M~:~~~~;-F1.c:~'?....:i~1,'~:-::l:,;i:b(,.'J,-'1>~::.*..~~;~!'i'9:~.7;:'.::!ie~r.;.\~;~&'c~ilil.'!i":;we"':::;{."i~."%r Maximum vIe Ratio: 0.92 :--;'"'~"l.~-'~~""'-h.-''''''''~'''~'''''''_~''-.~..;p.;\~,.,=,m,I'=' 'Z'~..l""'''_._~'-r.:~''"'''''-''''l'!>>-.'''''~'.r-''::-..''-''.~;n.,.-W'=:1:;:I-(~1Af.!;.--:;:e "~~'{ir:-l)~''''-''iT6i:-~~!1'~!l::f~''-: Iritefiicfjon~iL~~'.i-:tJt~~.stt~~~~Jr~~~tf~dd~.1!tmi~~lnter$~o"~OS~(C1.~!.>;t.\~iP.t*~~~;:;.t>i'ro#~t;<' d.<;r.!t:~1li~~.ili:-~.~ IntersOW'Tion eaOad~tilization 77.8% leu level of Service 0 ..,..., -,.,,'.....~.~..m .."."""'""'"~.."""=' ....=."''''""....." ..-.""",."" "..,~"'.~."r'~"""...--",.'=''''''\'',.'= ~,_..........,..,""........"'..<''''''. Analisli~f~.{mm itl'5_ ;:A..:~::iIl.e..~~~-:;t.t,,'1LqF~~~;J'ii!&}r~~~.!!i';~~;\i?;ff,I.~J!~l;l;~l~N.i~:r<i.~~:lif1l.f:;-it;.!'f.1;fi~-at:.~:liti~{fJl.~!:6.J. #1>~:...?,~..tQ...f:!~~t;!!~~~:;~~,ert,~~~1~~CJ}t~~~__.9~~.,.T;"~-.':;"..,m:;," 't.;;;'ii!:;i~"'t.l-.;-::ffl-.::;l........."'Z,..I'..'.':,::.E'I,~~"-t1$.:.{;!'~~~E""'~:w.;sr:ir:-~,."7.1il:- 'j "'. ~.k.Qll~:'sljown"1(i!nWdmuro1J.~:cyauU~; .~~,j,{SJlli*~x~l.&"1;;,,~i1}.:.':.r,if~jf!ro-:;;~~~~~!?.a.~.i;{tj~ltitlJ..~~!it~~';~ PM Base JV .. 811 ~12007 Vanasse & Daylor. lLP Synchro 6 Report 1:\ProJecu\81 0\81 OS8\Traffic\Updne_August_2007\Synchro\810S8_PM_Exisdng.sy7 r "_.l r~ <. L '- lanes. Volumes. Timings 2- I and C Boulevard & AirDOrt-Pullin~ Road Agenda Item No. se December 11, 2007 Pa~aPM 1lIalt1ii PMBKGD t /'" .... + ./ 4.. ~ - .... - .. .. La.. CanIl..".... 1\ , t... ,4. . 1\,.......... r! _ ' ~........ 11 ~~k~'*'"ffi!f.i!lii!i!@,iil9Iiill!'4~~~~l1l" ::'" , ;,,?EWjjJt!lii\a~J[i!irflPj,'lilc,"if'~!!m~b ~L-.""1:""",""~cil'~,;jii~k~k"''''',l;w,.4""",,,,".2''''''''11~~~'''''~Q'k~"*"..~~"".'~t,~~~","""l,I,l~",!,,,~~ ~~~"",""...~_~!tJl..___,~R:,,~~::..~~~;r~!S'..~_.M"~'- ~::g, " ,..~.:li~~-- r_~._~!l.l!{~.1E.~'llil ~""a~~~~~~Drl#~.z,jii\m~iI\.~;;;!~~~}-d(\llk~g'W~~~~ ~ilIiii'''''''''''''~I'''';ll;V~~~J'i6.t.i.i\ilI,jfl''~''''''''~'''~''''''' '-o:!.~W""Wj~"i~~,g""'il!l:~."'j,",,"'~1""il!.,;~!,,,,,.~1~51i"'''1r"i~ ____!ii~~"'"""';o\,;;,..,~!aY.i~'''''';J.:l!<l1 ""_r.;r.=~J:'~1l:f~,u..mW!'.r.;,n;~".--,,.,~~~- .<W....n..;=;....I_.;,IjO.".~;.J.}ol~..lli'_06:Q}~'Z~J'~.$l...,;1.)~""""... _~~~5~~~~~~~IJ.h1ft!Ifu~!fu-1~Nk~~1;.~~@:~fd~f,1,fll31~~~ ~___~~l.:"-",..- """""'''~r~")'l''m'll''="'--~r;'i27''''I,:''''''~ES;:j;.~P!_.,.,_m",,-_~~''''''v'~~'!!I.-~=Rnr.:J;ll"~I"'~'~.l'~-r' , p~~._.,-2.!n!I!!:-~~'.='U:<T'--F-':<;;;~!'!!' ~~~-!N\~jt:i?:.iiti7,~~~~;~~:;&~it~v,g!!1f:R~,;~'@L:-iTI3.\li;~{j~f_400e~~~ki~E,~,;~1~~jEw.l'.$%ag?.::::~~~~ir,:W;~ ~'"' ..i~1a;:rm~~oli?;Jl~(dh-4<3.lJ.f:";~if: Perm/UedPhues " " 4, ,4 _, 8 ,3 8" 2 ,2 2, 6 ,6 _ 6 ~".k'j~Ji1.~~4.&at.~mii~;ij~ti!?~i~mPfiilltth~!.-o/Ji~iBI~ir:j!\if'..~~jK~~ff~~1iI~j~ffi~i.a~~0mI~.iI::iti~\a~"Jl~~;'. Mlnlmum.!!!!!:!!!J!)", ,.to, 4~0 _"___,,4.0,,,4.0, 4.0",,,,4.0,, ,4.0",,4.0_ 1.0, ",<1.0" _ ,-4,:~ ~~(il'~~R!:if~f$j~]U~~;or~~~o~g;~~rur<{i!~;~.1EEtj~:0y]:jf1;m'iiii~'W~~-BJ..::o1-11~~ii~t:L~:N~ni1~ri~liHlii!S5i?m?ffi:'i1~?clEffi~;H:s1[~~f;~i1$ ~_^-"""'_~'_;-~"""""-"'0':.1""'_"\'t::,.,,~r.~""''>''1W~}?~"'''~;Th'':'''''~-&""'l'i:",,'~'~<'JiiY~lv:',.-~le:"'-'rc-~J..'!<.;;iF""""~:~?!l:':,1;"-~~'=-":'-']'~~H"'~I!;""~~'''~;: _3i~ ~~1i!~amaf?~;~.~"15'~.;tO.}$i1;H~QU-jJhrlB~:',(o;.fl%:lli9-.:!:VJO;aE'3P.B ... ..'~,~!50D!1?'~).o,~:!.:.:.,:~':E_~_;;:~~JJiUY'-I'1t\1!-'il.~lQa-:~Y;]W_Fi~;~t:;/:;~~'lliF!l.f;i.8% ~lia~C~._,~---"._~ ""."~r--.""'-"'_m,,~:!:.!L,"=,",...,1:9..OlP~"" "~r"--'."~'-")":'o.~c'<""-' .~"~~Q"._..-.__.,~&"~.",.,,;:;..~,~1~-'--iC,,,,,~i:L_#-~.i~;~$fI__~._~~:9 -._.,..;-,,,,i.~...,r;o;""-"~'~ '.. ";.." ~{i)~~';:1l~~~lfit~~;;j,~,;~~g11:~i!1ml,-o:ilit~!m;;-;.0:ti~;!;;~17;l:JW~JL';:lt~i'_~210:;1[g~:i-\l;.Qri{;);.:~ili:U.Q_?.6:P.'l;i%1~QfR~-:"r.:_):~~Q~rJ~t'L:.!2dm~'gi'i\'!fr_h~iQ}X;li?iif;:1lQ ~~"".~..._:n;:~.",.t:."':""!;;..1f"""""-:J:'.ll"'~"R_----"'''~.!2J!.",_..,,:"'.,;{.:.~""""_<,\..~..,....t;!I;_~,_~.,~,_"~"",,,,,__,,w;"~I_".B'I_ Le~~tt'\lr.t:1"~"'"~>"~~""~"~tJ'--~~"~'--''''''-~o:..;''''"W'''~ ~_ii'~,f~:?-fu'~li'!t~i~~~~lb"YM1?1~L~Y.a~~(ili$i1tFJ1{r-eJ!:<~~.#:~imrf.hY:irgf):'ifrv;itrr:>&,';,i;.'WI,!j~J;8_',';1f.i1Y~;;f~;_tJ..!.lltY~r,J~I~}iYa~~.~~~Y.a.~;;':/iX.;s R.eaJ1 Mode Hln Hin None None None None Mln Min None Min Min ~~({ijgt~~iif~;'i~~~f~f;!'di~;:iiJr~:mi:;J~:J~7:3~~~~~'Bl~'~;'W~i~~f\'7f,,:J~j}J-alr;lt~J;1;;'~~irgB~3uViff0'~'3~i~tmL;?;i3T~W;;:E~t~:oi;;1ffiQ~30T6~;,t]'3i":~~:' ar~,fm~f&~~R~~lli;.:l:3'~if5\\r~;:~;m:f~5~1~~r:~D~(iig:~~J.:4(~:r~~!gr2"'iTg~~f,:;Ii!~iN,t;~?i~~i;i<igf!,:~~Ml~2Im.~~ij';fd}I:E~%it?IE~~~n:b:~!}R'i:;!~:~~~if:;;~!:~rE~:i!J.~Hi~<T~~ c:onuol Oela~'__ ,'_',"_, .': " ," 87.4 '__' 3.8,n,___:" ,,_',' ,',' .1.6.4,___, ,6]", _' 11.5,',,' ,,,.29,0 ",.8.1", _ ,n.l, ",' :!S,O, - ,,,"',} caJtiJi1.J~'j~;I:t;;~:;T/,\;.~;!;~\:2I :.?r~14;)~f;\j)~o11"~!~,f:};,O!ij:b.)~i",~",f ~,':" ,;~:, ~djiJ;,~:~::Ii'<~;:~i{.:it;:D-i,'~;~i}J;;Q:j)f.~~::i~{s3~QI:~;~&b!.cO:o(;r;fI,~:;~-~~fi.of;{l13),;:;;f.Q1iH:5~;':Q.o"0i~;T'.' ':,Q,I) Total Dela~ 87.4 3.8 16.4 6.7 14.5 29.0 8..c 13.1 28.0 4.3 rO$:_~t\iJi?~::!;~;L;::~~i~;::Fi'ii~:T_:;;;~Fr;F;hU};'{:+:F:"':::~~:~:::::':li;>A~f;~;?}j':.:<,::{j~~;>: ."...,'; .,,~, ~:,:",t. ;~;rBJ~t~;,:';~;'\:':::A~:~~f';:~iY:;ii~~li'i;'})tiT~Gi:rmF~';,;:j:-'A'~'i;~;:;;\ ~.;~IB\~JI~::~tD:~;rr.'c:';i! ~;i;~'T:} "YA ~.,ii~,.",I!!",.:q.,.,..,;C,i!;.,..7'_";'-_,",:;,'"",",,'c.:".--.':,_,".',._-'...::.:,...,f~...;_.'~.'f",...,',~:...,..",'.~....o,,;':,:::,',.,.._),+:.:';,-..:,:~.:,..~..".:.6,...,-...E.,.".~.;.,..},,'.(!~;..,....'..'.' "';')'''_' _" '0 ' 11.4, ~ "'1 '",_., _ .,.. '~_>j','"' .,17.9_ "~~"""~'''''','~,'''' '" ..-,.",",'""'-" 1~J,,,, .yA " ~j~,-c..,,;: _'_'_.. ,~;~.~._ - _",",. ~. : ,:...".'~. '.' ::i,';~;',~):,:,:':S;~ :?:~,:-~j.i~~~;j':i:~::i:c)i:';r;dl:.s ;;,~:Xii,r.~j~;;,lf!t~i~~iici;~~;,~7-~r;~~l~:;:;;J~~j:;;j{~::b:~::f~J.i)};,,-G~,'~~.:>L~~~;:iY; QueueLe~5Oth(ft). .,. -360 __. ,I. . ..... _. 12 0..... 21 .337 .c. II 271 0 Q~~Sm!~J~rfL~~:';-;:~'j/.iD[i;,i[!FHb7'r?!;;}/,;~~:,::5.i~~fm~1:.1i1~~7,_:~it[::st1j~j):~j~.i:t::1';.3i'B;,W::sU~1~h:';}1~N,::~;~;~;,~s'JB.~{~gjSd;2Gs~]iWB~~~;.i[FffJf~~x;,~t;~2 IntemalUnkDist(ft) 15-88 1799 1455 1203 [d.f~y;.imfi)~~~:HfiY~.J,l~;:;]~~,-:~',i~:;.iH;2iiS~I:,;n}Xit:"f~j';,^R;ill'l~ja~~f1tjii@~;;'t;:ttf;fm&frftf)~~lf~:QOI4?;f,~~~~:W~~~~~;,g~11'BJ27.f~iir;_~::_~Ei31~~I~;;I~.0;;?J!-S'~E:~;;1 ~~~Jz_~::;:;G:.:~.,,';~:;;IUF;\~:::~j~~rJ'I~~~~f~;~lJmr~~~;;;?r~:if,f~;1t1~~~&i.;:.~5i~~,!~'6Sj$i:J:~'l8~~_@t;r!~)itjlf~~Mi~~1gr&iY6~E;;jS;~r~2i~~1~;f,:~Jg~~tB~~~if~ ~~~ 0 0 0 0 0 0 0 0 0 0 . ' . ... ~:t{Ji~[f.-i{ili~ill:;~;oIJm;~(.;:m~tr,:i'~;~~;1:t{&:fJf:illE:r1;j~11~;&;E]1f:JuF;fi\'~sjykll:iitf~f~mlRiil~ri.lli;'11101:N~!~~~frQf:gr~~1f)ilicE1{~0.,o Reduced vie Ratio 1.08 0.42 0.1)4 0.03 0.20 0.87 0.07 0.11 0.82 0.19 ....-....'" . ~ ...~F~1:. ___ ft ~ ~~1.~i1t~j~~g1ji~r;:~1t)ijtPJji:I.f.li#;fild~iTft~f?J;tifi~;~~~~1:~'iillt~1f~~m:~~~1a~1\~~~ =~~.L~";.~lHi.,..i!ili~~{ii.:.l;U~il'!ld~n:"~'.,~1F:;"';';/'.,1~"~--r:::iL.'''~lO<;!l;..;,;;J;..!616~t:$:f;:,sr.lf,q~~~.~'1,"P';;;.~-;iXf;'!'e;:~~~'('if%E:W;i't:'1fi;i.-;.'}lf!:.ti'k!;~~~.,....:.,,~,,~~--::i',~'i:a1.-;;:'1.. '. . ,ul~~a..'y'l\J""""""',_..uNWM;;~"t:~~W'p:;:!}}~;:::~..,ji;':el'.!i~:..~a'~a:.~.'lJt'"~difJ]'a:~~ilii!1E6f~... ).~...'l~:~,;r.:!W.'.~;it\~Il..t..~~~i:'E:~::~~~tf'i Maximum yJc Ratio: 1.08 1.~~~F~'321Z~g~~}~~,g;.~~-"s!~~~fm~~~if~~~~~WjfA~~~~~.&~~\ff1Jgftt-'l Inr.ersecdonCatp~tt~:.J!.tllfDJ!on85.6%_ _.. .... ~ _~. ..~~ !C~.l.~e19f~k.:e.~."",._,,~.. .." . -~". ~,,~, - ."..'-- -- ~ef'~~rJ>~~~~~~~~~f~~~~..i~.li~~~~T~~~J}~-rJ~ ~~~e!Lity~~~reti~>>~&.'~..I1l,~$tlr.W"~$.m;::;-;;l;~~!;;::;'.V:~..::!~...,..,,'~~.~,r~~o:~!~PJt'''!ln'S~''''''.'''~-~.-'''''''~~l~~;:~~ J::'W~;,IJN"fllii~riili8ii'6~fflIelr!.~ . ~~~"fdiw}t~>$:~~~~:r~:J~'loii.~~~iVfl;rS~~.~11i~~ClA\Y&m.: ;;~~Iat~~~~~4;~~~;r~~;W~~f~~~'1~.r;;~4tflt~r.~~~~~~$J.i'>11f'~~~1~:r.g~ PMBKGD pI- 9/1212007 Vanasse & [)aylor. llP Synchro 6 Report 1:\Proleas\8I0\8105B\Trafflc\Update_September _2001\Synchro\81058]MBKGO.sy1 r' r- Le. I unes, Volumes, Timings 2: I and C Boulevard & Aimort~Pullin~ Road Agenda Item No. se December 11 2007 Page. 135 ~f 145 Naples Mazda PMBKGo with Imprcwement ..J. " t \. ~ .I - '. r ~ .. -+- ~~i1l~'lJib~~\~iiiIL~:ii'i!ilc~llm.&~~~~i!W$mlr;l1!L .. ~~l'!i;~~~1i:7~m,.~~M~~l'1'1ili~Iii\Jli!J~j]f'tiff"W~1il"~~~~~"'~ ~,'Flow """!) ,...,"'''-''''''''"''-'''"~J.,."r.;~''"J"''''''''''''\:>>~''''''.....RP'''',,,!'~;~T~~'''=~..,,..J.:k.~.p.l .. .. ~ ..~."-~,,~'nt!I:f~IJ.,..<i~!.;~..-;,",,,;;P"~~1?'..2"~~cL'.fiY';~(~>;~.,i~~"""'-~~, ,~.R: "'._ .....~~JiIlt.'ii~!it;.W;il' Volume (vph) '_............"" ,_ "" S68~_ ,~_",,,,",3._ ".~39 ,... 3S "',.. '., ,2 "" ,..26 "< 79.-.. 1767 '~ ",5 .,~2 1505 ~ ~-'lllid!!JtMi"R~~JlE'oiJfltiQ,~lf~b.~g~o:m@~~~i:B,~fi&#