Loading...
CCPC Agenda 06/06/2013 R CCPC MEETING AGENDA JUNE 6, 2013 AGENDA n COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JUNE 6, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES-May 2,2013 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. RZ-PL201300000049: Veterans of Foreign Wars PUD - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established 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 property from the Planned Unit Development zoning district known as the Veterans of Foreign Wars PUD to the Estates(E)zoning district for property located at 7071 Hunters Road in Section 6, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5+/- acres; providing for repeal of Ordinance No. 75-29, the Veterans of Foreign Wars PUD; and by providing an effective date. [Coordinator: Michael Sawyer,Project Manager] 1 B. PUDA-PL201300000886: Meridian Village MPUD- An Ordinance amending Ordinance Number 2010- 28,the Meridian Village MPUD,to allow as permitted uses a youth center and other uses comparable to the permitted uses in this PUD. The property is located at the northwest corner of the intersection of Airport-Pulling Road and Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida, consisting of 11.68 acres; and by providing an effective date. [Project Coordinator: Fred Reischl,AICP, Senior Planner] 10. OLD BUSINESS 11. NEW BUSINESS A. Discussion to merge the Environmental Advisory Council (EAC) with the Collier County Planning Commission(CCPC)[Mike Bosi, Interim Planning&Zoning Director] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. PLANNING COMMISSIONER COMMENTS 15. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 AGENDA ITEM 9-A Ifr Co k e-r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION--PLANNING&REGULATION HEARING DATE: JUNE 6, 2013 RE: RZ-PL20130000049: VFW PUD, Rezone. Owner/Applicant: Brian Ohlis So Flo Speed Shop Naples LLC 2684 Horseshoe Drive South Naples, Fl 34101 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone of the 5± acre site from the Planned Unit Development (PUD) known as the VFW PUD to the Estates Zoning District(E). GEOGRAPHIC LOCATION: The subject property is located on the northeast corner of Old Livingston Road and Hunters Road, approximately one-quarter mile north of Pine Ridge Road, in Section 6, Township 49 South, Range 26 East, Collier County, FL (See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located at 7071 Hunters Road. The petitioner's provided the following narrative in support of the proposed rezone: The property owner is petitioning Collier County to Rezone the property from VFW Planned Unit Development (PUD) to the Single Family Estates Zoning to limit the uses allowed on the property from VFW to Residential. The petitioner notes that the request represents a down zoning of the parcel from PUD to the Estates district. RZ-PL20130000049: VFW PUD, Rezone Page 1 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) r 1 i V a A alp > AA ,-----■ Na Q Z d H Q w w M A F 5 l O g if Q 2 Zto r. OVok malsotNn 010 woo MGLS rmn MN moisoroon Z Mill t1131[bY3 ltd!30M.5S1 _ 1N3R3SV3 Wd!30M.sLl— O N1N3113V3 Ad!30M All 1113106Y3 Wdi 30M All AAAAA PRIMA P11-.il D!9_^_96a"•".. a1 = 13 • a v' a d <LA• .QO N 1. A AaAAA •{� •. M / Q l N J CL / 7 1 TWOS Ol lON 1�1 Z 5 $ b n 3sx Z F H EN G _ BBB O N <g' tlp i 8 OLVA3Y0O6 555 a O OVVA3Yg6 O F l% `F Lu I 1 z� i8 OY1 $ gg N G8VA3YlQO VSVH*Y6 VOWS 1 ` w w�` - m H i— n2 nF <Ps; 5 EL i % SL-31V16tl31N1 IL 0 SL-31V16tl31M 2 " g M is n g a 0 moms lil 4 i K. WI h ,ta 1 ' S 5 =I ypie n Ow) LMNG6TON ROAD {tlg OVOk NO160NInn ■— *5 MINN Nvart3a -_i �° fli Pi < k i- o G1il 5 OVOIS D"I IVOdtllV ii El' I, � i OWU DNT.Z000 J g d t� d .�N §� ra 1 , 1 ,$-1 3 2. EMI% 11 Eg iii' g Oyp>J,NNVN}3ll310000 � Qld OY06 311313000 3lOY 00[ O �� SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Undeveloped, with a zoning designation of Planned Unit Development(PUD), specifically the VFW PUD. SURROUNDING: North: Undeveloped Single Family Residence, with a zoning designation of Estates East: Single Family Residence, with a zoning designation of Estates South: Hunters Road ROW, then Single Family Residence, with a zoning designation of Estates West: Old Livingston Road ROW,then Livingston Road ROW ,7,,{ -I, i. I ,. ` P. / Subject Parcel JO:, 1 .IU•IT=4S WAY , k ri. 4 , .,,,i,:t.;,..r,.,,L. _:.,:,,,,,,,, /..',:.",,,,.: k':, ' 1 ' tl**'44.. , ' ,,. _ , F fi'-.41.:: y t� w t , . J ' ' ut. '. f' R:. ''' ,4$` v-YT_ tern. s s P' r _ y� _.�� riUNT6iS RD. L. .�.. a■ 0 osarCounty Properly Acprarsor.Naples.FL ': t. 3 .. 3611, . Location Map—property depictions are approximate GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Estates, (Estates Mixed Use District, Estates Residential Subdistrict) as depicted in the Golden Gates Area Master Plan Element and on the Future Land , Use Map of the Growth Management Plan. The Estates designation and Estates zoning district RZ-PL20130000049: VFW PUD, Rezone Page 3 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) allow single-family development at a density of one (1) dwelling unit per two and one-quarter (2 1/4) acres. The proposed rezoning is consistent with the Golden Gate Area Master Plan Element. Transportation Element: Transportation Planning staff has reviewed the petition and has determined that no net new trips are proposed. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the petition for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed petition. 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 consistent with the Collier County Growth Management Plan as discussed above. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the petition request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: This project site has native canopy trees and contains no jurisdictional wetlands. No signs of any listed species were observed during the site visit. With the change in zoning district all clearing regulations will be followed at time of development/building permit. Transportation Review: Transportation Division staff has no objections to the proposed down zoning of this property from the PUD designation to the Estates designation. Zoning Services Review: The VFW PUD was approved with Ordinance Number 75-29 (see attachment) as a single use PUD for Veterans of Foreign Wars Post 8089. The "Post Home"was proposed to occupy an area 200 foot by 200 foot at the southwest corner of the property. The RZ-PL20130000049: VFW PUD, Rezone Page 4 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) A allowable activities included meetings, social events to entertain Post Members and their families, and to provide a place for recreation of Members and their families. The VFW PUD was deemed to be Sunsetted with Resolution 2003-53 (see attachment). Resolution 2003-53 contains the following provision "Pursuant to LDC 2.7.3.4 the VFW PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the County for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC." Please note that several other PUD's were sunsetted at the same BCC hearing and it is assumed that the Crestwood PUD reference was unintentional and incorrectly noted in this resolution with the assumed correct reference being VFW PUD. Staffs review of this rezone request is principally that of a down zone action from the PUD zoning designation to the Estates zoning district. The request is also seen as a requirement of Resolution Number 2003-53 to allow the current owner the ability to develop this property. Staff also notes that because the property is a 5 acre parcel a lot split is possible that would create two conforming Estate lots. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. Because the applicant is requesting to down zone the property from PUD to Estates this rezone will restore the surrounding land uses back to a consistent Estates district. The surrounding properties have remained in the estates district therefore this rezone action will be compatible with and complementary to those surrounding land uses. Staff does not foresee any use related issues on this site should the rezone be approved. The proposed uses are less intensive that what was originally approved with the previous PUD. FINDINGS OF FACT: Rezone Findings: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP, therefore staff recommends that this petition be deemed consistent with the GMP. RZ-PL20130000049: VFW PUD, Rezone Page 5 of 10 June 6, 2013 CCPC 5/13/13(Revised: 5/14/13) 2. The existing land use pattern; Staff believes the proposed rezone is appropriate given the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; As noted above the proposed rezone will restore the property back to the original estates district,therefore this rezone would not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As noted above, the proposed rezone will restore the property back to the original estates district,therefore it will reestablish the previous logically drawn conditions. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. As noted above because this PUD has been deemed to be sunsetted by Resolution 2003-53 this rezone is necessary before any development occurs on this property 6. Whether the proposed change will adversely influence living conditions in the neighborhood; As noted above, the proposed rezone will restore the property back to the original estates district, therefore 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 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. As noted above, the proposed rezone will restore the property back to the original estates district, therefore it will not create or excessively increase traffic congestion. Transportation Staff has reviewed the petition and believes the petition is consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem; As noted above, the proposed rezone will restore the property back to the original estates district,therefore it will not create drainage or surface water problems. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition is approved, any subsequent development would need to comply with the applicable LDC and Florida Building Code standards for development. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or RZ-PL20130000049: VFW PUD, Rezone Page 6 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Because the proposed rezone will restore the estates district the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. 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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; As noted above, because this PUD has been deemed to be sunsetted by Resolution 2003-53 this rezone is necessary before any development occurs on this property, therefore there is a substantial reason why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted above, the proposed rezone will restore the property back to the original estates district therefore the proposed change will not be out-of-scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The applicant/owner of this property is requesting this rezone to address the sunsetting status of the current PUD, therefore it is impossible to find an alternative site for the proposed use within the County. This is a site specific request to address a sunsetted PUD as required by Resolution Number 2003-53. 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. The applicant/owner of this property is requesting this rezone to address the sunsetting status of the current PUD. This is a site specific request to address a sunsetted PUD as required by Resolution Number 2003-53. 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 RZ-PL20130000049: VFW PUD, Rezone Page 7 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. Further review of this issue will occur when building permit approvals are sought. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM meeting was duly noticed by the applicant and held on Monday, April 15, 2013 at 6:00 p.m. Those attending were the petitioner and Collier County planner Michael Sawyer. Neighborhood attendees where Ellie Madegan and Lorrane Lott. The petitioner, Brian Ohlis, began the meeting by briefly explaining the property location and the proposed zoning change. The following is a summarization of the questions asked and the responses given: Question/Comment 1: Ellie Madegan asked about the current zoning of the property because she thought that the VFW PUD was dissolved already due to sunsetting. Response: Mike Sawyer explained that the parcel remained PUD zoned. Sunsetting of the PUD did not change the zoning designation, so the reason for the request is to now rezone, or down zone from the current PUD designation to the proposed estates designation. Ellie explained that she thought that the property had already gone back to estates with the sunsetting. She indicated she was glad to see the property would remain or go back to Estates. There was additional discussion off the subject of this petition request regarding the neighborhood. Specifically questions about a business operating out of one of the residences. After a discussion about Home Occupational Licenses it was suggested that a call to Code Enforcement to request an investigation would be the best course. Question/Comment 2: Lorraine Lott asked about the letter that was sent to her regarding the meeting. She indicated that both she and her husband read the letter and were not completely confident they understood what was being proposed or requested. Response: Brian briefly indicated that he wants to simply rezone the parcel back to Estates. Mike also said that the basic form letter and information format are required of/for Neighborhood Information Meetings. RZ-PL20130000049: VFW PUD, Rezone Page 8 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) Both of the meeting participants said that they were just concerned that this was not a request for another zoning action and that they were very happy with the property being estates like the surrounding properties in the neighborhood. There were no further questions or comments. The meeting concluded at approximately 6:25 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition RZ- PL20130000049 to the BCC with a recommendation of approval. Attachments: A. Ordinance Number 75-29 B. Resolution Number 2003-53 C. Application D. Ordinance RZ-PL20130000049: VFW PUD, Rezone Page 9 of 10 June 6,2013 CCPC 5/13/13(Revised: 5/14/13) f PREPARED BY: ifii i ile0 . • I O• 13• r'.EL A 1 R, PROJECT MANAGER DATE PL A 4 ING A ■'■ ZONING DEPARTMENT REVIEWED BY:J (\:-/-5'-v /i- ----_____ ,----- ./ • /-;- RAY�V. BELLOWS, ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT S- 3- (J MICHAEL BOSI, AICP, INTERIM DIRECTOR DATE PLANNING AND ZONING DEPARTMENT APPRO ! t Af/ ■ 77 CK CASALANG I)A,AD INIS A TOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the July 9, 2013 Board of County Commissioners Meeting RZ-PL20130000049: VFW PUD, Rezone Page 10 of 10 June 6,2013 CCPC 5/13/13(Revised: ) R It' I 389823 • t .00-* ' ORDINANCE NO. 75-29 AN ORDINANCE AMENDING COLLIER COUNTY it 625 ra1348 ORDINANCE NO. 74-42, COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED • t un 0-" ARRAS OF THE COASTAL AREA PLANNING DISTRICT °a :�' ' ".0 OF COLLIER COUNTY, FLORIDA, BY CHANGING N-5 N "S TIIE ''ZONING DISTRICT CLASSIFICATION FROM F�,�,n► 6. rgr "A" AGRICULTURE TO PLANNED UNIT DEVELOPMENT Ew ,_.c� (P.0.D.) IN PROPERTY AS.FOLLOWS: BEGINNING �. 3 . IN THE SOUTHWEST CORNER OF SECTION 6,it gi. �� TOWNSHIP 49 SOUTH, RANGE 26 EAST RUN NORTH ALONG WEST LINE OF SAID SECTION 6, 660 FEET .. 4 .. TO THE POINT OF BEGINNING, CONTINUE NORTH 660 FEET, WEST 330.07 FEET TO POINT OF r• • BEGINNING, CONTAINING S ACRES AND PROVIDING ' AN EFFECTIVE DATE: WHEREAS, Veterans of Foreign Wars Post 8089, Owners of the property hereinafter described, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the real property hereinafter described: NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLINK COUNTY, FLORIDA: SECTION ONE: 1. The zoning classification of the hereinbelow described property . in Collier County, Florida, is changed from "A" Agriculture District to Planned Unit Development (PUD) and is subject to all conditions as hereinafter described and the Official Zoning Atlas of Ordinance 74-42 is hereby amended accordingly: . /•r v ~ a� 'ED ' . JUL 23 1975 . PLANNED UNiT DEVELOPMENT DOCUMENT ' Yeforeign for / Veterans of reign Mars, Post #8089, Post Hove, i I. ..ri ,F(lid Oounjrics of P.0.0:: •• Beginning at tho Southwest corner of Section 6, Township 49 South, Range 26 East, run Northerly along West boundry line of said Section 6, a distance of 660 feet to a point of beginning, thence continue Northerly along said West boundry line of Section 6, a distance of 660 feet to a point, thence Easterly along a line 1320 feet North of and parallel to the South boundry line of sai ,'m�6cc n 6, a distance of 330.07 feet to a point, thence Southerly' along a l0 33 7.,f�t East of and parallel to said West boundry lino of Section 6, a diZt nce 66b1 feet to a point, thence Westerly along a lino 660 feet North of d'para is said South boundry lino of Section 6, a distance of 330.07 feet 'ElOpoihY o beginning; The right of ingress and egress is reserved over and r$I ss tie 3h 30 feet and•the West 30 feet of aforedoscribod property, includirnz•ighg fez) construction of road facilities. Faecal of land containing 5 acr( elev. trt II . Proposed Use of Property_: • The Post ilomo and parking area which will occupy an area 200 feet by 200 feet ' ' on the Southwest corner of the 5 acre tract, will be used by Members, their families, and guests of Members to conduct activities related to Veterans of Foreign Wars. These activities include, meetings,to conduct Post business, social events to entertain Post Members and their families, and to provide a • p,)ace for recreation for Members and their families. The rer,Falndor of the 5 acre parcel is to be brushed out, preserving all the largo trees end vegetation that will provido 'shade, and this area will have picnic facilities and playground equipment installed, for the use of Ilemburs and their families. ' . "Y:. ' ,•I IA«:, :q... '.'t- , ,.., ' ;.; - .'r4 ttp. r r (I • Pynpo rd or.nt ion offluildinci, Open P Spaces nnr! Rccrcnt iort Fr►ci i tt i.;h Ptrilding to he located facing the Southwest corner of the 5 acre parcel. Parking spaces ti•rill be provided for 25 vehicles at this time, with space provided for 20 additional spaces for the future. This parking area will be asphalted and scaled. Parking area shall be located as indicated in the development plan. Located directly behind the building, at a safe and reasonable distance, as recom- mended by the governing fire agency, will be located a barboque pit of concrete and steal to he used for outdoor cooking. Playground equipment, horseshoe pitching pits, and picnic tables will occupy the area North of the Post Homo building. • IV. Development Plan: RC 625 LACE 349 A development plan (under separate cover) has been provided with this document showing details and iodations of the Post Hone, the parking area, tho ingress and egress routes to the parking arca, wells, and septic tank. • V. Proposed Schedule of Development: The Veterans of Foreign Wars, Post /18089, 13 prepared to start this development as soon as' they are authorized to do so by the Collier County Board of County Commissioners. ' • �'• • �' -' VI. Signs: • Any sign erected will conform to the "E" estates district in the Collier County zoning regulations. • VII. Lindscapi na: • • All landscaping will bo as required In the Collier County zoning regulations. ViII. Donating Additional Property to Collier County_: In tho event an arterial highway is constructed along tho Llest;boundry of the parcel of property owned by the Veterans of Foreign liars, Post //8089, the Post will donate an additional 37.5 feet to the County of Collier, for a total of 67.5 feet for the purpose of constructing said highway. • SECTION TWO: Conflict, Severance, Construction and Penalty: In the event this Ordinance conflicts with other applicable law, the more restrictive shall apply. If any part of this Ordinance conflicts with any part, it shall be severed and the remainder shall have full force and effect and be liberally construed. " If any section subsection, sentence, clause, phrase or portion . of this Ordinance is, for any reason hold invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shell not affect the validity of the remaining portion thereof. The provisions of this Ordinance shall be deemed an exercise of ti-,c police power of Collier County for the protection of the public health, safety and welfare and therefore shall be liberally construed to accomplish that purpose and implement the legislative intent and declaration. ��. ANOOKIATISiVif .'" p} 'C 1. .f 7 a 77 . • is 625 pact .350• If such a violation is continuing, each day's violation or separate • act shall be a separate offense. Effective nate: This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. Dated: July 8, 1975 BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA • , ATTEST: By: ffe�'L � MARGARET T. SCOTT Clerk of the Circuit Court ` rs. A roved as to form and legality: Deputy C or • Mo., a Emerson Bruner Collier County Attorney • • • • • • • • • • • • • • '• ` �� "• ` `� � PN `� , ' "l •' b.. r '.+' .'. ImrwW1 M on.a t..N• 11644 b)• 44/ ; ti Y M tItO COUNTY,INO.0114 44• . ft' Ill 1:1Lrt N Oln►N CwrTA. • • 17E RESOLUTION 2003- 53 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 75-29 ALSO KNOWN AS VFW PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-286; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the"VFW"PUD, Ordinance 75-29 adopted on July 9, 1975, is subject to the provisions of Land Development Code(LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24,2001;and WHEREAS,the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC§2.7.3.4;and WHEREAS,the Board of County Commissioners adopted Resolution 2002-286 on June 25, 2002 directed the property owner of the VFW PUD to submit an amendment by November 26,2002;and WHEREAS,the property owner did not file an amendment to the VFW PUD within the afore-mentioned six month time period;and WHEREAS, §2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County,Florida that: 1. The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. 2. The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. -1- 17E 3. Pursuant to LDC § 2.7.3.4 the VFW PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion,second and majority vote. go Done this el p la day of 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Tom He• 'ng, Chairman -�sy '1 ATIE,S - ', OHT•g-r;BROGIC,,:( erk ate Oft* Ir$att; liQnatte`t Dril •-: De its( es Approved as to Form and Legal Sufficiency: PXA VA A 111.6 Patrick G. ite Assistant County Attorney VFW PUD -2- AGENDA ITEM 9-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: JUNE 6, 2013 SUBJECT: PUDA-PL20130000886: MERIDIAN VILLAGE MPUD PROPERTY OWNER& APPLICANT/AGENT: Owner/Applicant: Agent: Rock Creek Holdings,LLC Tim Hancock,AICP 2670 Horseshoe Drive North, Suite 201 Davidson Engineering, Inc. Naples, FL 34104 4365 Radio Road, Suite 201 Naples,FL 34104 REQUESTED ACTION: The Meridian Village Mixed-Use Planned Unit Development (MPUD) currently permits a variety of uses including churches and adult day care. The petitioner is asking the Collier County Planning Commission(CCPC)to consider an application for an amendment to add Youth Center as a permitted use. GEOGRAPHIC LOCATION: The subject property is 11.68± acres in size and is located in the northwest quadrant of the intersection of Airport-Pulling Road and Estey Avenue. PURPOSE AND DESCRIPTION OF PROJECT: The petitioner is requesting an amendment to the Meridian Village MPUD to permit a Youth Center within the PUD. The petitioner also requests the addition of standard language that will permit the Board of Zoning Appeals (BZA) to permit other compatible uses similar to those already allowed. The MPUD currently permits assisted living facilities, adult day care, family care facilities, group care facilities and churches and places of worship. Residential development is permitted as well. Meridian Village MPUD, PUDA-PL20130000886 Page 1 of 10 June 6,2013 CCPC r a 4 1211 4 < s 7 a a a. (if!i7) avow 7':mnn-1tAdNn '(,C L7) avow oWnnd—1.Na.Itl1Y —617+;50.AAD .r IOli.M''414 iti3`!7i 9 3 &R1R F: T : < I - 5 5 :;;; Y ' A. g1 0 II il ION i Ilki a � (D o si ~;; I Iii' l� Z_ ),._. U.1 Ll 9. to e---3,2 A .__, ,z. ___,, . .'- tlj= N co 0llrRR � R(CI � ..., cc !Fr ol H > � � I Q N J O. m a �� ».� fln.� r-T r z «-,lwsN.. 1 V. o ' ill to Lund ww.a IN z 1 3 1 jan. a. 31 o:o tiad ' eVON Nouawrn 11 � L 3 $ g''' go so L., , I , AN., I .,-/ i ,g,!_;10,,, -R ir lik kt-A4 CI° / .. '6"2 h i '-' z 1 .21 8[ 12111301,"11111.111111-4m".74.""ww" .::( liciwe::,13/11 1 .----- in ryo7 T avoa ww. 7uaaxo - 0 t, __-_, . ........ _,, ;.- , 7 kt— , .1,-- 0, . _, (:N sn7 TM Nnanl t - p3 4 - "' 1 '..-4 ts-‘,......... .:,...-:-______ __I---------- __---'y----` GULF OP MEXICO Meridian Village MPUD, PUDA-PL20130000886 Page 2 of 10 June 6,2013 CCPC . . SURROUNDING LAND USE AND ZONING: North: Rock Creek, across which is Rock Creek RV Resort, zoned TTRVC. East: Airport-Pulling Road ROW, across which are developed commercial lots,zoned C-4. South: Estey Avenue ROW, across which are the Salvation Army facility, zoned PUD; a narrow strip of vacant property zoned RMF-6; and an auto dealership, zoned C-5. West: Residential lots, some developed, some vacant; which front on Steeves Avenue and Oak Forest Drive; zoned RMF-6. i 0 DN ZONE D- • . • 2 mo i�ejflt lii'll % .:. /0 1 3 � At, •"14 6 3 2 �j**‘ � wk. 7 6 5 + Gk.' • 2'.24 K %. E I II 4 C1 .+r Reins 3 ------1—' --2; -GE 5 9 Mil 6 y, 7,-4= 4 30 5 7 O t L 4 w 29 6 6-7- 6� r © 5 ¢ 8 Q I0 9 Z ', N __ w 10 J , Hll'bI$C v1 26 9 to Q / / 7 w 11 0 J, 25 10 0 12 i' a W 24 11 2 9 13 1-Lt Q 10 23 12 r 14 O ., 0 22 13 0_ E,S: eyorrty ,r 1 165 W .. 12 21 14 Q 1 r mJ EE '� 1 < .s.,,, S 13 17 * , ` 1 N1' , '', J L7. 14 20 19 1716 15 18 D H'it tkit t*. rD :lirl I o . - ......r..., G 3� 39 d�18 °�` - . „ N. ; j PUD t N i.4 .,I, M+t . , , 'O 15 4 SALVATION walk , N.% � 14 ARMY 15 D.53 115 i. -.....i\ Aerial Photo(Bing Maps),Zoning Map detail(Collier County) Meridian Village MPUD, PUDA-PL20130000886 Page 3 of 10 June 6,2013 CCPC W z. S�* + "'". Subject Property-view to the North across Estey Avenue(Google Street View) ,m s , .w f ,rte 4 oars, Subject Property-view to the West across Airport-Pulling Road(Google Street View) i 444004., Let low ' „'°' ., 7t # �+ $k T 4 , ,i Salvation Army entrance view to the south from Estey Avenue (Google Street View) Meridian Village MPUD, PUDA-PL20130000886 Page 4 of 10 June 6, 2013 CCPC GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Meridian Village MPUD was determined to be consistent with the GMP at the time of the original rezone. It is Staffs opinion that the proposed amendment will not affect that consistency determination; therefore, Staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. Please note that Community Facilities are allowed in the Urban Residential Subdistrict of the Future Land Use Element(FLUE). ANALYSIS: Deviation Discussion: No additional deviations are proposed. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff s responses to these criteria are provided in bold font): 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. Staff has reviewed the proposed PUD Amendment and believes that the addition of a Youth Center will not have an adverse effect of surrounding properties and infrastructure. 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. Unified control was established at the time of rezoning and continues through the present time. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment to add an additional Community Facility does not affect the MPUD's consistency with the GMP, therefore, Staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The only proposed change is the addition of a Youth Center and Staff believes that the �-. approval of this amendment will continue to be compatible with the surrounding area, subject to the existing development standards and project commitments. Meridian Village MPUD, PUDA-PL20130000886 Page 5 of 10 June 6,2013 CCPC 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Usable open space is not affected by the proposed amendment. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is Staff's opinion that the addition of a Youth Center as a permitted use will not affect public or private facilities beyond what was approved in the existing MPUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Since several uses similar to a Youth Center are currently allowed within the MPUD, the amendment will not affect the ability of the site and the surrounding area to accommodate expansion beyond that which has been approved. 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. The proposed amendment is consistent with PUD regulations,with the existing deviations, and seeks to meet a desired purpose of serving the surrounding community. Rezone Findings: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff determined that a Future Land Use Element review, Transportation Element review and CCME review were not applicable to this amendment; therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; No new districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. Meridian Village MPUD, PUDA-PL20130000886 Page 6 of 10 June 6,2013 CCPC S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The petitioner believes that the proximity of this site to the Salvation Army PUD will permit the Salvation Army to run a Youth Center in the Meridian Village MPUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the existing MPUD, with the commitments made by the applicant, can been deemed consistent the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes standards that are designed to address compatibility of the project. Since the existing standards are not changing, development in compliance with the existing MPUD and proposed amendment should not adversely impact living conditions in the area. 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. The proposed amendment involves the addition of a land-use that is similar to those land- uses already in the MPUD; therefore, the roadway infrastructure will continue to have adequate capacity to serve the proposed project. 8. Whether the proposed change will create a drainage problem; Whichever of the permitted uses is constructed on the site, South Florida Water Management District regulations and Collier County regulations will be required to be observed. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Since the MPUD is existing,the proposed amendment should not create light and air issues. Setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however,zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Since Meridian Village MPUD is existing, the proposed amendment should not be a deterrent to the improvement of adjacent properties. Meridian Village MPUD, PUDA-PL20130000886 Page 7 of 10 June 6,2013 CCPC 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. 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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing land-uses; however, the petitioner believes that the addition of a Youth Center to the currently permitted uses will support the surrounding community. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already developed; the MPUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is 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. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The Salvation Army would like to operate a Youth Center. The site is close to the existing Salvation Army site and therefore, would be an appropriate place to construct a Youth Center. The proposed amendment is consistent with the GMP as discussed in other portions of the staff report. 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. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. Meridian Village MPUD, PUDA-PL20130000886 Page 8 of 10 June 6,2013 CCPC shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. The Meridian Village MPUD was approved by the BCC on July 27, 2010. The proposed MPUD Amendment would add the use of Youth Center and permit the BZA to approve compatible uses in the future. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC was not required to hear this petition because no environmental issues were identified. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was scheduled to be held on May 30, 2013, after the preparation of this Staff Report. The Planning Commission will be informed verbally of the results of the NIM. COUNTY ATTORNEY OFFICE REVIEW: Reviewed on May 13, 2013. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-PL20130000886 to the BCC with a recommendation of approval. Meridian Village MPUD, PUDA-PL20130000886 Page 9 of 10 June 6,2013 CCPC PREPARED BY: r fir' - /3 FRED I'CHL, AICP, SENIOR PLANNER DATE PL G&ZONING DEPARTMENT REVIEWED BY: . Ac. 513 • /3 RA ;;ND V. BELLOWS, ZONING MANAGER DATE PLA ING&ZONING DEPARTMENT S (3- ) MIKE BOSI, AICP, INTERIM DIRECTOR DATE PLANNING& ZONING DEPARTMENT APPROVED BY: 411‘aii/ir 4prp- - c- IS---l2 NICK CASALAN M D ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the July 9, 2013 Board of County Commissioners Meeting Meridian Village MPUD, PUDA-PL20130000886 Page 10 of 10 June 6,2013 CCPC ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NUMBER 2010-28, THE MERIDIAN VILLAGE MIXED USE PLANNED UNIT DEVELOPMENT, TO ALLOW AS PERMITTED USES A YOUTH CENTER AND OTHER USES COMPARABLE TO THE PERMITTED USES IN THIS PUD. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF AIRPORT- PULLING ROAD AND ESTEY AVENUE IN SECTION 2,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.68* ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 27, 2010,the Board of County Commissioners approved Ordinance Number 10-28 which established the Meridian Village Mixed Unit Development (MPUD) zoning classification; and WHEREAS, Rock Creek Holdings, LLC represented by Tim Hancock, AICP of Davidson Engineering, petitioned the Board of County Commissioners to amend the Meridian Village MPUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Amendments to Exhibit A,Permitted Uses,of Ordinance Number 10-28, Meridian Village Mixed Use Planned Unit Development. Exhibit A, Permitted Uses: Tract A, to Ordinance Number 10-28 is hereby amended to add the following permitted principal uses: .5. Youth Centers.(8322) 6. Any other principal use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code(LDC). SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Meridian Village MPUD\PUDA-PL20130000886 5/06/13 1 of 2 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2013. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk GEORGIA A.HILLER,ESQ. Chairwoman Approved btkArtgal sufficiency: Heidi Ashton-Cicko Managing Assistant County attorney Attachment: Exhibit A—Permitted Uses CP\13-CPS-0122015 Meridian Village MPUD 1PUDA-P1.20130000886 5/06/13 2 of 2