Conditional Use Petition 06/2019 Page 1 of 11
City of Marco Island
Growth Management Department
50 Bald Eagle Drive
Marco Island, FL 34145
Phone: 239-389-5000
Applicable Sections of the Marco Island Land Development Code Sec. 30-64
Petition number: CUP- Date Received:
Above to be completed by staff
Property Owner(s):
Owner’s Address:
Telephone: Email:
Agent’s Name:
Agent’s Address:
Telephone: Email:
a. If the property is owned fee simple by an individual, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the percentage
of such interest (use additional sheets if necessary).
Name and Address Percentage of Ownership
b. If the property is owned by a corporation, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address Percentage of Stock
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c. If the property is in the name of a trustee, list the beneficiaries of the trust with the
percentage of interest.
Name and Address Percentage of Interest
d. If the property is in the name of the general or limited partnership, list the name of the
general and/or limited partners.
Name and Address Percentage of Ownership
e. If there is a contract for purchase, with an individual or individuals, a Corporation, Trustee, or
a Partnership, list the names of the contract purchasers below, including the officers,
stockholders, beneficiaries, or partners.
Name and Address Percentage of Stock
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property ___________ acquired _______________ leased: ________
Term of lease: yrs./months
If the petitioner has the option to buy, indicate date of option: _________ and date
option terminates: _______ or anticipated closing date: ________________
h. Should any changes of ownership or changes in contracts for purchase subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of
the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
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If request involves change to more than one zoning district, include separate legal description
for property involved in each district. Applicant shall provide a survey completed within the
last 6 months at a maximum 1” to 400’ scale. The applicant is responsible for supplying the
correct legal description. If questions arise concerning the legal description, an engineer’s
certification or sealed survey may be required.
Subdivision: Block: Lot:
Property ID #: Plat Book: Page #:
Address/general location of subject property:
Size of property: feet X feet = total square feet = Acres
Property Zoning Land Use
Subject ____________ ________________________________
N ____________ ________________________________
S ____________ ________________________________
E ____________ ________________________________
W ____________ ________________________________
Does the property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property.
Subdivision: Block: Lot:
Property ID #: Plat Book: Page #:
This application is requesting conditional use number _____ of the ____ district
Present Use of the Property:
Evaluation Criteria
Attach a narrative statement describing this request for conditional use and a detailed response
to each of the criterion listed below. Specify how and why the request is consistent with each.
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a. That the granting of the conditional use will not adversely affect the public
interest, and that the specific requirements governing the individual conditional
use, if any, have been met by the petitioner;
b. That the grant of the conditional use is consistent with the comprehensive plan.
A conditional use shall not be presumed to be consistent with the comprehensive
plan merely because the use is listed in the LDC as a conditional use in a given
zoning district;
c. That there is proper and adequate ingress to and egress from to property and
proposed structures thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and control, and access in case
of fire or catastrophe;
d. That the proposed conditional use is compatible with adjacent properties and
other property in the district. The conditional use, as depicted on the conceptual
site plan, must be compatible with adjacent and nearby uses, developments,
structures, and neighborhoods and will not alter the character of the community
and neighborhood or be contrary to emerging development trends in the
community and the neighborhood;
e. Building orientation. That buildings are oriented so as to enhance the
appearance of the streetscape. Mass, bulk and scale of all structures shall be
compatible with other structures and uses in the neighborhood.
NOTE: Pursuant to Section 30-63 of the City of Marco Island Land Development Code, staff’s
recommendation to the Planning Board and the Planning Board’s recommendation to the City
Council, acting as the Board of Zoning Appeals, shall be based upon a finding that the specific
requirements governing the individual conditional use, if any, have been met, and that further,
satisfactory provision and arrangement have been made concerning the preceding matters,
where applicable.
Deed Restrictions
The City is legally precluded from enforcing deed restrictions, however, significant portions of the
City of Marco Island are subject to deed restrictions. You may wish to contact the Marco Island
Civic Association (MICA) at (239)642-7778 to ascertain whether or not the request is affected by
existing deed restrictions.
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Previous land use petitions on the subject property
To your knowledge, has a public hearing been held on this property within the last year? If so,
what was the nature of that hearing?
Additional Submittal requirements
In addition to this completed application, the following must be submitted in order for your
application to be deemed sufficient, unless otherwise waived during the pre-application
1. A copy of the pre-application meeting notes;
2. One (1) copy of a 24” x 36” conceptual site plan (and one reduced 8 ½” x 11” copy of site
plan), drawn to a maximum scale of 1” = 400’, depicting following (Additional copies of the
plan may be required upon completion of staff evaluation for distribution to The Planning
Board, City Council and various advisory boards).
All existing and proposed structures and the dimensions thereof, provisions for existing
and/or proposed ingress and egress (including pedestrian ingress and egress to the
site and the structure(s) on site(s).
All existing and/or proposed parking and loading areas (include matrix indicating
required and provided parking and loading, including required parking for the
Locations of solid waste (refuse) containers and service function areas, required
yards, open space and preserved areas, proposed locations for utilities (as well as
location of existing utility services to the site), proposed and/or existing landscaping
and buffering as may be required, location of all signs and lighting including a
narrative statement as to the type, character, and dimensions (such as height, area,
3. An Environmental Impact Statement (EIS), as may be required by Section 30-962 of the
Land Development Code(LDC).
4. Two copies of a recent aerial photograph, taken within the previous twelve months, with a
minimum scale of 1” = 400’. The aerial photograph shall identify plant and/or wildlife habitats
and their boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System.
5. Statement of utility provisions, with all required attachments and sketches.
6. A Traffic Impact Statement (TIS) unless waived at the pre-application meeting.
7. A historical and archeological survey or waiver application if property is located within an
area of historical or archaeological probability as identified at the pre-application meeting.
8. Any additional requirements as may be applicable to specific conditional uses and identified
during the pre-application meeting, including but not limited to any required state or federal
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A TIS is required unless waived at the pre-application meeting. The TIS required may be either major or
minor as determined at the pre-application meeting. Please note the following with regard to TIS
Minor TIS
Generally required for conditional use and rezone requests for property less than 10 acres in size,
although based on the intensity or unique character of a petition, a major TIS may be required for a
petition of ten acres or less.
A minor TIS shall include the following:
1. Trip Generation (at buildout)
Annual Average Daily Traffic
Annual Average Daily Traffic Peak Hour
Peak Season Daily Traffic
Peak Hour Peak Season Daily Traffic
2. Trip Assignment
Within Radius of Development Influence
3. Existing Traffic
Within Radius of Development Influence
Annual Average Daily Traffic Volumes
Peak Season Daily Traffic Volumes
Level of Service
4. Impact of the proposed use on affected major thoroughfares, including any
anticipated changes in level of services (LOS)
5. Any proposed improvements (to the site or the external right-of-way) such as
providing or eliminating an ingress/egress point or providing turn or decel lanes or
other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation
system. For Rezones Only: State how this request is consistent with the applicable
policies of the Transportation Element of the Comprehensive Plan.
Major TIS
Required for all other conditional use and rezone requests.
A major TIS shall include the following:
1. All items required for a Minor Traffic Impact Statement
2. Intersection Analysis
3. Background Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
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The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
Trip Generation
Provide the total traffic generated by the project for each link within the project’s Radius
of Development Influence (RDI) in conformance with the acceptable traffic engineering
principles. The rates published in the latest edition of the Institute of Transportation
Engineers (ITE) trip Generation Report shall be used unless documentation by the petitioner
of the City justifies the use of alternative rates.
Trip Assignment
Provide a map depicting the assignment to the network, of those trips generated by the
proposed project. The assignment shall be made to all links within the RDI. Both annual
average and peak seasonal traffic should be depicted.
Existing Traffic
Provide a map depicting the current traffic conditions on all links within the RDI. The AADT,
PSDT, and LOS shall be depicted for all links within the RDI.
Level of Service (LOS)
The LOS of a roadway shall be expressed in terms of the applicable Collier County
Generalized Daily Service Volumes as set forth in the TCE of the GMP.
Radius of Development Influence (RDI)
The TIS shall cover the least of the following two areas:
An area as set forth below; or,
The area in which traffic assignments from the proposed project on the major
thoroughfares exceeds 1% of the LOS “C”.
Land Use Distance
Residential 5 miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
0 - 49,999 Sq. Ft. 2 miles
50,000 - 99,999 Sq. Ft. 3 miles
100,000 - 199,999 Sq. Ft. 4 miles
200,000 - 399,999 Sq. Ft. 5 miles
400,000 and up 5 miles
In describing the RDI and TIS shall provide the measurement in road miles from the
proposed project rather than a geometric radius.
Intersection Analysis
An intersection analysis is required for all intersections within the RDI where the sum of the
peak-hour critical lane volume is projected to exceed 1,200 Vehicles per Hour (VPH).
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Background Traffic
The effects of previously approved but undeveloped or partially developed projects which
may affect major thoroughfares within the RDI of the proposed project shall be provided.
This information shall be depicted on a map or alternatively in a listing of those projects
and their respective characteristics.
Future Traffic
An estimate of the effects of traditional increases in traffic resulting from potential
development shall be provided. Potential development is that which may be developed
maximally under the effective Future Land Use Element (FLUE) and the Land Development
Code. This estimate shall be for the projected development areas within the projects RDI.
A map or list of such lands with potential traffic impact calculations shall be provided.
Through Traffic
At a minimum, increases in through traffic shall be addressed through the year 2015. The
methodology used to derive the estimates shall be provided. It may be desirable to
include any additional documentation and backup data to support the estimation as well.
Planned/Proposed Roadway Improvements
All proposed or planned roadway improvements located within the RDI should be
identified. A description of the funding commitments should also be identified.
Project Phasing
When a project phasing schedule is dependent upon proposed roadway improvements,
a phasing schedule may be included as part of the TIS. If the traffic impacts of a project
are mitigated through a phasing schedule, such phasing schedule may be made a
condition of any approval.
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Statement of Utility Provisions for Conditional Use Request
Telephone: Email:
Address of subject property (if available):
Subdivision: Block: Lot:
Property ID #: Plat Book: Page #:
Type of Sewage Disposal to be provided (check one)
County Utility system
City Utility System
Franchised Utility System:
Package Treatment Plan: GPD
Septic System
Type of Water Service to be provided (check one)
County utility system
City utility
Franchised utility system:
Private system (well)
Total population to be served: ____________________________
Peak and average daily demands:
Water: peak average daily:
Sewer: peak average daily:
If proposing to be connected to Collier County Regional Water System, please provide the date
service is expected to be required: _________________________.
Narrative Statement
Provide a brief and concise narrative statement and schematic drawing of sewage
treatment process to be used as well as a specific statement regarding the method of
effluent and sludge disposal. If percolation ponds are to be used, then percolation data
and soil involved shall be provided from tests prepared and certified by a professional
Collier County Utility Dedication Statement
If the project is located within the services boundaries of Collier County’s utility service
system, written notarized statement shall be provided agreeing to dedicate to Collier
County Utilities the water distribution and sewage collection facilities within the project
area upon completion of the construction of these facilities in accordance with all
applicable County ordinances in effect at the time. This statement shall also include an
agreement that the applicable system development charges and connection by fees will
be paid to the County Utilities Division prior to the issuance of building permits by the City.
If applicable, the statement shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
Statement of Availability Capacity from Other Providers
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any provider other than the City, a
statement from the provider indicating that there is adequate capacity to serve the
project shall be provided.
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Completed Application
Copy of Deed(s) & list identifying
Owner(s) & all partners if a Corporation
Completed Owner/Agent Affidavits, Notarized
Pre-application notes/minutes
Conceptual Site Plans
Environmental Impact Statement (EIS)
Aerial Photograph (with habitat areas
Completed Utility Provisions Statements (with
Required attachments and sketches)
Traffic Impact Statement (TIS)
Historical & Archaeological Survey or Waiver
Copies of State and/or Federal Permits
Architectural rendering of proposed structure(s)
Application Fee, Check shall be made payable
to “City of Marco Island”
Without A Rezone Petition: $4,000
With a Rezone Petition: $1,000
Other requirements:
Digital Copy of all the above.
PUBLIC NOTICE REQUIREMENT: In addition to the fees required herein, the applicant is responsible
for all costs of newspaper notices and required notices for public petitions and shall be paid in full
prior to a scheduled public hearing. If such payment is not received prior to a scheduled public
hearing, the petition will be continued and rescheduled. Any additional cost associated with a
rescheduled item is also the applicant’s responsibility and be paid in full prior to the public hearing.
Advertising for public hearings shall be prepared by staff and submitted to the newspapers as
required in the Marco Island Land Development Code (LDC). If an application is filed for which a
fee is not listed herein, staff shall assess the fee based upon actual time spent reviewing the
Marco Island Code of Ordinances Section 30-8(a). Amended 10/17/2005
As the authorized agent/applicant for this petition, I attest that all the information indicated on
this checklist is included in this submittal package. I understand that failure to include all
necessary submittal information may result in the delay of processing this petition.
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We/I, being first duly sworn, depose and say that we/I am/are the
owners of the property described herein and which is the subject matter of the proposed hearing; that all
the answers to the questions in this application, including the disclosure of interest information, all sketches,
data, and other supplementary matter attached to and made a part of this application, are honest and
true to the best of our knowledge and belief. We/I understand that the information requested on this
application must be complete and accurate and that the content of this form, whether computer
generated or City printed shall not be altered. Public hearings will not be advertised until this application is
deemed complete, and all required information has been submitted. We/I hereby also consent to access
to the subject property (excluding entering any home or other enclosed structure) by City of Marco Island
staff members, Planning Board members, and/or Board or Zoning Appeals members for the limited purpose
of evaluating, observing, or understanding the subject property conditions as they relate to the petition.
While the petition is pending, Staff members, Planning Board members, or Board of Zoning Appeals
members will be allowed access upon the property provided they display a Marco Island City Photo ID or
a Valid Driver's License.
As property owner we/I further authorize to act as our/my
representative in any matters regarding this Petition.
Signature of Property Owner Signature of Property Owner
Printed Name of Property Owner Printed Name of Property Owner
The foregoing instrument was acknowledged before me this __ day of _______, 20 _____,
by , who is personally known to me or has produced ________
as identification.
State of Florida
County of
Signature, Notary Public State of Florida
Printed, Typed, or Stamped Name of Notary