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CCPC Agenda 08/01/2013 R CCPC MEETING AGENDA AUGUST 1 , 2013 AGENDA n COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M.,THURSDAY,AUGUST 1,2013, 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 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDA-PL20130000141: Tuscany Pointe RPUD(formerly known as the Boxwood RPUD),an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2007-55, the Boxwood RPUD,by changing the name of the Residential Planned Unit Development from Boxwood RPUD to Tuscany Pointe RPUD;by reducing the maximum dwelling units from 207 to 120;by eliminating the affordable housing density bonus and deleting/terminating the density bonus agreement; by revising the development standards; by deleting Exhibit "C", the existing Master Plan, and approving a new Master Plan; by revising Developer Commitments; by deleting Exhibit"C-1", ROW Cross Section, and approving a new Exhibit"C-1"; by deleting Exhibit C-2, RPUD North and East Property Cross Section and adding a new Exhibit C-2 entitled North and East Landscape Buffer Plan;by adding Exhibit"C-3",Typical Lot Layout;by revising the deviations; by revising the developer commitments; by deleting Exhibit"G", Conceptual Topographical Cross Section, and approving a new Exhibit "G", for the RPUD located east of Collier Boulevard (CR 951) and north of '0-4\ Vanderbilt Beach Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 30+acres;and by providing an effective date. [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] Page 1 of 2 9. ADVERTISED PUBLIC HEARINGS A. CU-PL20130001108: Milan Center, a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a retail store in excess of 5,000 square feet within the C-3 Zoning District pursuant to Section 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located on the southwest corner of 95th Ave. N. and U.S. 41 in Section 33, Township 48 South, Range 25 East,Collier County,Florida. [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. PLANNING COMMISSIONER COMMENTS 15. ADJOURN CCPC Agenda/Ray Bellows/jmp Page 2 of 2 AGENDA ITEM 9-A Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: AUGUST 1, 2013 SUBJECT: CU-PL20130001108, MILAN CENTER PROPERTY OWNER/APPLICANT/AGENT: OWNER/APPLICANT: AGENT: Milan 34108 LLC Mr. D. Wayne Arnold, AICP 1033 Spanish Moss Trail Q. Grady Minor and Associates, P.A. Naples, FL 34108 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for the establishment of a Conditional Use to allow a retail store in excess of 5,000 square feet within the C-3 Zoning District pursuant to Section 2.03.03.C.1.c.17 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject 0.93± acre parcel is located at 9465 Tamiami Trail North (U.S. 41), at the southwest corner of the intersection of Tamiami Trail North (US 41) and 95th Avenue North, in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject C-3 property was previously developed in 2005 with a 2-story, 12,200± square foot building. The building originally had a retail bank on the ground floor and offices on the second floor along with under the building and surface parking areas. These uses are permitted in the C- 3 zoning district without a maximum floor area limitation. Conversely, the proposed retail use requires conditional use approval in order to exceed the maximum floor area limit of 5,000 square feet. 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'° e ❑ _ i x z W - 15'WIDE TYPED 15'WIDE TYPED I 4' i - O 1 BUFFER _ BUFFER e Z Ico< m I re a W D Z i- u. ' LLI Zw ' m z�z n W e h O p ' Icol- ; The applicant proposes to enclose a 2,800± square foot under building parking area, expanding the floor area to 14,994± square feet to accommodate a furniture store. The purpose of this petition is to obtain a Conditional Use approval in excess of the 5,000 square feet of gross floor area limit to permit 14,994± square feet of retail uses including a furniture store as allowed by the Conditional Use section of the LDC: - Conditional Use # 17: Permitted personal services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of gross floor area in the principal structure. As previously stated, the subject 0.93± acre site is located at the southwest corner of the intersection of Tamiami Trail North (US 41) and 95th Avenue North. The subject site is currently developed with a 2-story bank and offices along with related parking areas. To the north of the site are C-3 zoned developed commercial land uses; to the east is Tamiami Trail North (US 41) and then Pelican Marsh PUD (Planned Unit Development); to the south is C-3 zoned development with commercial land uses and a single-family residence, and to the west is a single-family residence that is zoned RMF-6. The Conceptual Site Plan depicts the 14,994± square foot building and related parking area. The existing parking area has ample parking to support the proposed furniture store use. (There are 43 existing surface parking spaces; 27 parking spaces are required for the furniture store use.) However, should the subject building be used for a retail use that might require additional parking, that parking may be sought through an Administrative Parking Reduction or through a Parking Exemption. The Site Plan also shows an existing 15-foot wide Type D landscape buffer along Tamiami Trail North (US 41), an existing 10-foot wide Type D landscape buffer along 95th Avenue North, an existing 10-foot wide Type A landscape buffer along the south property line adjacent to the commercial area, and an existing 15-foot wide Type B landscape buffer adjacent to the residential property. Along the west property line adjacent to the single-family residence is an existing 15-foot wide Type B landscape buffer with a 6-foot high wall. Staff is recommending approval of this Conditional Use subject to the following Condition of Approval: 1. This Conditional Use approval is limited to the retail use of 14,994± square feet of building area. To date,no letters of objection or support have been received. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Developed with a 12,200± square foot bank and office building in the C-3 (Commercial Intermediate) zoning district CU-PL20130001108, MILAN CENTER Page 4 of 9 July 8,2013 SURROUNDING: North: 95th Avenue North, then retail with a zoning designation of C-3 (Commercial Intermediate)zoning district. East: Tamiami Trail North(US 41), a 6-lane major arterial road and then a PUD with a zoning designation of Pelican Marsh PUD South: Retail and a single-family residence with a zoning designation of C-3 (Commercial Intermediate)zoning district West: Single-family residence with a zoning designation of RMF-6 (Residential Multiple-Family District 6) : r,;:u I. 1 I Ems? 1 s ! r� 444 1 - „ti. .... ite 1 s lili , ' .. ."° I 9iTe l AVE N . l � . , ` - 1. 7: !� -.,' . i` i� l_ a A 'r H, ; A, - l L. p a �� i`: as ac vi. it '• , , 14, 4 Ca .:11:,' . ih. " 94T 4 AVE J _ i Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, FLUE Policy 5.9 provides that property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re- evaluation Program as "improved property" is consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties Consistent by Policy. The subject property is one such "improved property." Accordingly, the property may be developed or redeveloped per the existing C-3 zoning. CU-PL20130001108, MILAN CENTER Page 5 of 9 July 8,2013 Transportation Element: The Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that 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 GMP. US-41 (Tamiami Trail North) Impacts: The first link that is impacted by this project is Link 100.0, US-41 (Tamiami Trail North) from Vanderbilt Beach Road to Immokalee Road (CR 848). The project generates 7 net new directional p.m. peak hour, peak direction trips, which represents a 0.2 percent impact. This segment of US-41 (Tamiami Trail North) currently has a remaining capacity of 861 trips, and is currently at LOS "C" (Level of Service "C") as reflected by the 2012 AUIR (Annual Urban Inventory and Review). No subsequent links beyond this segment of Tamiami Trail North are significantly impacted by this project. Based on the above analysis, staff finds the requested conditional uses consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters,where applicable: 1. Section 2.03.03 C.1.c. of the LDC permits Conditional Uses in the Commercial Intermediate (C-3)zoning district. The requested use for Conditional Use Number 17 of the Commercial Intermediate (C-3) Zoning District, as provided in Section 2.03.03 C.1.c. of the Collier County Land Development Code (LDC), to permit personal services, video rental or retail uses with more than 5,000 gross floor area as a conditional use in the Commercial Intermediate (C-3) zoning district, is subject to the standards and procedures established in section 10.08.00, "Conditional Uses Procedures,"of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). CU-PL20130001108, MILAN CENTER Page 6 of 9 July 8,2013 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Existing vehicular ingress and egress to the subject property is provided by two points located along•95th Avenue North. There is a sidewalk along Tamiami Trail North (US 41) and 95th Avenue North. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The purpose and intent of the C-3 limit of 5,000 square feet of gross floor area is that these land uses generally have a greater impact in relation to noise, glare, economic or odor effects. However,these impacts can be addressed as part of the conditional use process. The subject site is surrounded by a retail shopping center to the north and south, a single- family residence to the west, and a 6-lane arterial road to the east. There is an existing 6-foot high concrete wall separating the subject commercial land use from the residential land uses to the west. The Conditional Use, as proposed, should not have an adverse impact on the neighboring commercial and residential properties in relation to noise, glare, economic or odor effects. 5. Compatibility with adjacent properties and other property in the district. If the proposed Condition of Approval is adopted, the proposed retail land use can be found compatible with adjacent properties and other properties in the immediate area. As previously stated, the subject property is located between two commercial properties on a major arterial road. Based on the above findings,this conditional use is recommended for approval. NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant duly noticed and held the required meeting on July 2, 2013, at approximately 5:30 p.m. at the Milan Center, 9465 Tamiami Trail North, Naples, Florida. Three people along with the applicant and County Staff attended the meeting. For further information, please see the NIM Minutes (Attachment B). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-PL20130001108 revised on July 9, 2013. CU-PL20130001108, MILAN CENTER Page 7 of 9 July 9,2013 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20130001108 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following condition: 1. This Conditional Use approval is limited to the retail use of 14,994± square feet of building area. CU-PL20130001108, MILAN CENTER Page 8 of 9 July 8,2013 PREPARED BY: va()(‘ )1/4( (S NANCY L P H, AICP, PRINCIPAL PLANNER DATE GROWTH • • GEMENT DIVISION REVIEWED BY: RA •ND V. BELLOWS,ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION 7-4 (3 MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: 0111/ 7_ _ �` `I3 N ASALAN '.'• , • • INISTRATOR DATE GROWTH MAN s : MENT DIVISION Attachments: Attachment A: Resolution Attachment B: NIM Minutes Attachment C: Letter regarding Landscaping and other Property Improvements Tentatively scheduled for the September 24, 2013, Board of County Commissioners Meeting CU-PL20130001108, MILAN CENTER Page 9of9 July 9,2013 RESOLUTION 13- i A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A RETAIL STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C-3 ZONING DISTRICT PURSUANT TO SECTION 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF 95TH AVE. N. AND U.S. 41 IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. ICU-PL201300011081 WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses;and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided,and has considered the advisability of a Conditional Use to allow a retail store in excess of 5,000 square feet within the C-3 Zoning District pursuant to Section 2.03.03.C.1.c.17 of the Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D.of the Land Development Code;and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that: Petition CU-PL20130001108 filed by D. Wayne Arnold of Q. Grady Minor & Associates, P.A., representing Milan 34108, LLC with respect to the property hereinafter described in Exhibit A, is hereby approved for the establishment of a Conditional Use pursuant to Section 2.03.03.C.1.c.17 of the Collier County Land Development Code in the C-3 Zoning District in accordance with the Conceptual Site Plan attached hereto as Exhibit"B," and subject to the Conditions set forth in Exhibit "C". Exhibits "A", `B" and "C" are attached hereto and incorporated by reference herein. Milan Center\CU-PL20130001108 Page 1 of 2 Rev.722/13 Attachment A BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this _ day of ,2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk GEORGIA A.HILLER,ESQ. Chairwoman Approved as to form and legality: Heidi Ashton Cicko ,x‘ Managing Assistant County Attorney Attachments: Exhibit A—Legal Description Exhibit B—Conceptual Site Plan �. Exhibit C—Conditions of Approval CP113-CPS-01231\42 Milan Center\CU-PL20130001108 Page 2 of 2 Rev.722/13 *** OR 4539 PG 529 *** • mmrrap F X, GALDESCRIPTION Lots 1 through 5,Inclusive and Lots 47 through 50,Inclusive,Block 57,UNIT NO.5 NAPLES PARK,according to the Plat thereof,as recorded in Plat Book 3,at Page 14,of the Public Records of Collier County,Florida. now known as All lands of MILAN CENTER,a Condoms the Declaration of Condominium thereof,as recorded in Official Reco • •L•'at t•t y: • I,and all exhibits and amendments thereof,of the Pubic• ,ft of Collier• •' ,orida. alkla Unit 101,Unit 102,Unit 103, Unit 205,of MILAN CENTER, a Condominium.s--• � • 11! ' ' sum thereof,as recorded In Official Records Book 429 • •° • • •liter County,Florida. C) ?' G 133SDQSlae - 4 19*4B3 vi ..•fl ruv,th MT(L one 1$rozormsequa.mn-mc,gmar+d-'°'^` - 1 r4 y 1 1 1 1 ell ,- 1 yyyyyy1 1 zpU ¢ i ZZ ;4" ct al N V p TAMIAMI TRAIL NORTH(U.S.41) — Ili li o /� - 15 BUFFER E D 15 WIDE TYPED ' 1 . O I- BUFFER a V/ I Z� - z� 'm zrez ch y�9 I C 9 es1m W W ? I 4 O N g I COVERED PARKING N= ° I I TO BE ENCLOSED �- 4 X L Lu' ®Eva LL1 i pa 43 G' -'Cl d6k II! a_ a U AB6 q® .@g @ - a z z a I°- W Qz �^t ULY _ Z W Z rn 1 WQU Z IL Z I N 7 U) u.W c J 1 � II _- m ' m 5 s li ND O ' S 15 WIDE TYPE B BUFFER Co ' &7 WITH HIGH EXISTING WALL � 5- I — — I — — I — — I ma g U.Z 9 LL cc y LLW 2 W Li' K y W z w O ce W W N� O� Nn CONDITION FOR APPROVAL FOR CU-PL20130001108 1. The Conditional Use approval is limited to the retail use of 14,994± square foot of building area. EXHIBIT C Milan Center Conditional Use Petition PL2013-1108 Neighborhood Information Meeting July 2, 2013, 5:30 p.m. Wayne Arnold, representing Milan 34108, LLC, opened the meeting at 5:35 p.m. and introduced himself and Sharon Umpenhour with Q. Grady Minor and Associates, P.A., and Nancy Gundlach representing Collier County Growth Management. Three members from the public, a resident,two adjacent business owners and a representative of the East Indies Trading Company were in attendance. A sign-in sheet was provided. Mr. Arnold began the information meeting by explaining that a conditional use is required for retail uses exceeding 5,000 square feet in the C-3 Zoning District. He indicated that the conditional use request was to utilize the entire building and an. enclosed parking area for retail sales. Mr. Arnold indicated that the intended initial tenant would be a furniture store. Wayne also discussed the two possible staff conditions, one for landscape improvements and the other for the maximum square footage for retail use. A Site Plan and aerial were displayed and Wayne explained the Site Plan, building modifications and parking requirements Mr. Arnold asked if anyone had any questions and offered to provide any additional information if requested and to contact, Nancy Gundlach or himself if there were further questions. Mr. Arnold indicated the scheduled hearing dates of August 1, 2013 for the Collier County Planning Commission and September 24, 2013 for the Board of County Commissioners. The meeting was adjourned at approximately 5:45 p.m. Attachment B EAST INDIES HOME COLLECTION 11985 Tamiami Trail North, Naples 34110 239-596-7273 July 12, 2013 Nancy Gundlach Principal Planner Growth Management Division Collier County Re: Milan Center Dear Nancy, East Indies Home Collection plans to repaint the entire building at 9465 Tamiami Trail North ,-1 and update the exterior lighting. We also will be re-landscaping the front and sides of the building to present an attractive and inviting facade. The rear of the building will become the main entrance for customers and will have plantings added. We will also plant a privacy screen on the side of the building facing the automotive repair shop. Sincerely, Edgar and Tiffany West East Indies Trading Company 4e Attachment C