Fill - Free fillable CONDITIONAL USE PETITION (City of Marco Island Florida) PDF form

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

CONDITIONAL USE PETITION

Applicable Sections of the Marco Island Land Development Code Sec. 30-64

Petition number: CUP- Date Received:

Planner:

Above to be completed by staff

GENERAL INFORMATION

Property Owner(s):

Owner’s Address:

Telephone: Email:

Agent’s Name:

Agent’s Address:

Telephone: Email:

DISCLOSURE OF INTEREST INFORMATION

a. If the property is owned fee simple by an individual, tenancy by the entirety, tenancy in

common, or joint tenancy, list all parties with an ownership interest as well as the percentage

of such interest (use additional sheets if necessary).

Name and Address Percentage of Ownership

b. If the property is owned by a corporation, list the officers and stockholders and the

percentage of stock owned by each.

Name and Address Percentage of Stock

PF-01

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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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DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION

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

ADJACENT ZONING AND LAND USE

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 #:

TYPE OF CONDITIONAL USE

This application is requesting conditional use number _____ of the ____ district

for

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.

Conditional Use Petition 06/2019 Page 4 of 11

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

meeting:

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

disabled).

• 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,

etc.)

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

permits.

Conditional Use Petition 06/2019 Page 6 of 11

RAFFIC IMPACT STATEMENT (TIS)

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

submittals:

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

Conditional Use Petition 06/2019 Page 7 of 11

RAFFIC IMPACT STATEMENT (TIS) STANDARDS

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).

Conditional Use Petition 06/2019 Page 8 of 11

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.

Conditional Use Petition 06/2019 Page 9 of 11

Statement of Utility Provisions for Conditional Use Request

Applicant:

Address:

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

engineer.

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.

Conditional Use Petition 06/2019 Page 10 of 11

CONDITIONAL USE APPLICATION

SUBMITTAL CHECKLIST

THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET.

NUMBER

OF COPIES

REQUIRED

NOT

REQUIRED

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

identified)

Completed Utility Provisions Statements (with

Required attachments and sketches)

Traffic Impact Statement (TIS)

Historical & Archaeological Survey or Waiver

Application

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

$4,000.00

(w/Rezone

$1000.00)

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

petition.

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.

Conditional Use Petition 06/2019 Page 11 of 11

AFFIDAVIT

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

(Seal)

Signature, Notary Public – State of Florida

Printed, Typed, or Stamped Name of Notary

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