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CCPC Agenda 04/03/2014 R
COLLIER COUNTY PLANNING COMMISSIONMEETING AGENDA APRIL 3, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, APRIL 3, 2014, 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— February 20,2014 and March 6,2014 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. PUDA-PL20130001919: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2001-09, the Pine Ridge Center West Planned Unit Development by amending Section 3.3, Permitted Uses, to add as a permitted use new and used car dealerships; and providing an effective date. The subject property, consisting of 8.87+/- acres, is located south of Pine Ridge Road and east of Livingston Road in Section 18, Township 49 South, Range 26 East, Collier County,Florida. [Coordinator: Kay Deselem, Principal Planner] 10. OLD BUSINESS Page 1 of 2 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp Page 2 of 2 AGENDA ITEM 9-A Co flTer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: APRIL 3,2014 SUBJECT: PUDA-PL20130001919: PINE RIDGE CENTER WEST PUD PROPERTY OWNERS: Kraft Office Center LLC Germain Real Estate Co. LLC Pine Ridge Investors of Naples,LLC 3530 Kraft Road, Suite 204 13315 N. Tamiami Trl 3530 Kraft Rd. Suite 204 Naples,FL 34104 Naples,FL 34110 Naples, FL 34105 OWNER/APPLICANT: Germain Real Estate Co.,LLC 13315 N. Tamiami Trail Naples, FL 34110 AGENTS: R.Bruce Anderson,Esquire Dominick J. Amico,Jr.,PE Robert J.Mulhere FAICP Roetzel&Andress Agnoli,Barber&Brundage, Inc Mulhere&Associates, LLC 850 Park Shore Drive 7400 N. Tamiami Trail PO Box 1367 Trianon Centre,Third Floor Naples,FL 34108 Marco Island, FL 34146 Naples,FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as Pine Ridge Center West PUD to add the use New and Used Car Sales and Service(SIC 5511). GEOGRAPHIC LOCATION: The subject property, consisting of 8.87+/- acres, is located in Section 18, Township 49 South, Range 26 East, Collier County,Florida. (See location map on the following page.) Pine Ridge Center West PUD,PUDA-PL20130001919 Page 1 of 13 April 3,2014 CCPC Revised: 3/21/14 R r. . c t' - a" ii ff ` 3440-1 TMWOOddlNM <O CO Z �w 3 O E av U H 1- 3: -- 3 a W o S `u —in �g a. s p _o �d� < ° i K I- IOVW _ L II -_—__ 5 G 0000 110071 E «RI ©©®©. 212121:112 g i — ... . .. ::::... : ..L.... ! —V. ! ! ! !-R r I j,i21 g Z e R 30100 01001 0009 13'01 t-a 0 0 rr ialVAIA IOO a LY W N « « e AVM 0 0 2 NS R - p; g 0 4.- S y a ' S S R M 9 E a R R e s r R S i N S CL INNS Dl JON 0 D a 2t 3 g - - O(7 -i \ Yi Qai'I31000 0 0001 Z O 00VA3'In00 - n -- 0lwelno9 3009009 1NV5 I 'H n$ ,_ 20 a„ WF R il 1 1 - " 21 °o f � a a.o � W ,`n° u-3tvlsa3lw -_--- __ S1-3101503144 LIM.. i� g-, a W- . 1 �g Z ig a € -§ -'1111 it F. �i Y� owa Nolsnwnll LMNCatON ROAD Y3 p b S 0 8 `L Q 1— 's X6 r z4 ; l o " v g. a i I - $ I N9Twro Ntlkl-DOdaV OVON Os00 Ot=t10.1V ` — g Ns r ° ., 11 1 ho A z./ _ "au OVOa 31171070D 3NOV OOC O'Km, Jh��. PURPOSE/DESCRIPTION OF PROJECT: The Pine Ridge Center West PUD project was approved in Ordinance Number 01-09 on February 27, 2001. A copy of the ordinance is included with the application materials. The original PUD was approved for a commercial project that would allow retail and office uses on lots with a minimum 12,000 square footage, in buildings that do not exceed three stories or 40 feet in height, whichever is more restrictive. The subject site is partially developed with a portion of the Kraft Office Center occupying the southerly portion of the site. That commercial development straddles the property line separating this project, the Pine Ridge Center West PUD, and the adjacent property, the Pine Ridge Center PUD. A variance was approved in Resolution Number 04-379 to allow zero setbacks for the southernmost 534 feet of shared boundary of the two PUD zoned projects. A copy of the resolution is included with the application materials. As depicted on the PUD Master Plan, access to the property is from a shared access point onto Pine Ridge Road. As noted previously, the petitioner is seeking this amendment to add the use New and Used Car Sales and Service(SIC 5511). As proposed,this use would be a permitted use on the entire PUD site,i.e.,including the currently developed area. A previous petition(PUDA-PL20110000703) for a car dealership was submitted in 2011. That petition was heard by the Collier County Planning Commission, but was withdrawn by the petitioner before it went to the Board. The applicant agreed to several stipulations during the CCPC process. Those are listed below: 1. There will be no amplified sound of any kind. 2. New car lot, but the new cars would have a minimum of 65% of the capacity. Used car sales are permitted as an accessory use with principal use of new car sales. 3. There will be no vehicle parking on Kraft right-of-way or the easement. 4. The use will be limited to platted Tracts B and E only. 5. Add landscape buffers, a Type B with Type C plantings to the east and south frontages, the front along Kraft Road and it would be the south property the south line. 6. The finished facades on the north and east — there will be finished facades on both the north and east sides. 7. There will be no collision shop on site. 8. The repair shop bays would be closed except for entering and exiting. 9. Cars will be delivered off site— on an offsite location and delivered to the site so there will be no trucks deliveries of cars. 10.The car dealership and accessories to that car dealership use on Tract B and E will be limited to a single story. 11. There will be no rooftop parking. 12. There will be an additional easement of equal capacity, size and terminology that exists today between platted Tract B and E also placed on the south. These have been added to the draft approval document. Pine Ridge Center West PUD, PUDA-PL20130001919 Page 2 of 13 April 3,2014 CCPC Revised: 3/21/14 SURROUNDING LAND USE AND ZONING: North: Pine Ridge Road,then various commercial uses with PUD zoning designations South: Avow Hospice,with a CFPUD zoning designation West: undeveloped PUD zoned tract, approved for a variety of commercial uses East: Pine Ridge Center PUD,developed with various commercial uses 4*. ._.. • ...a 'yA st .4 yL.r.n. ,K lj y .4 /....yl; _ .F�. l, 3 Yt' 7 ti ,Mx 1 V' 4J.•J t R __a-.v.'.:a'!t=.1-` '• � II::ti,. l' -110ni - •!.-- -"--1 1.c;[11, 1,-,,,•,-,.1;t:%,,.,...,' 1!-0, 1 ''It_, " - ill , :' ' j ' Y _ am 111 7R * .. 1111 1111: -Was I T � ,`1' `y Y 1 V• s.�` YGw h6 -r. .AY. .— v .g.ti. 'j R,.._ & : ::• }bik# 4p RiNgt, �'� -`3.-t% °` - I• L! •,c. . :-. ' ,•. Aerial Photo (subject site depiction in yellow outline is approximate) GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area(Urban—Commercial District, Interchange Activity Center Subdistrict (#10)) as identified on the countywide Future Land Use Map and in the Future Land Use Element(FLUE) of the Growth Management Plan (GMP). The existing Pine Ridge Center West PUD, Planned Unit Development, was approved in 2001 (the original PUD was approved in 1988, then repealed and replaced in 1998) for a variety of commercial uses, including several from the C-4, General Commercial, and C-5, Heavy Commercial, zoning districts - all deemed consistent with the Interchange Activity Center Subdistrict. The proposed amendment retains all of the existing commercial uses and adds one use — new and used car dealerships; no other changes are Pine Ridge Center West PUD,PUDA-PL20130001919 Page 3 of 13 April 3,2014 CCPC Revised: 3/21/14 proposed. New car dealership is allowed by right in the C-4 zoning district and both new and used car dealership use is allowed in the C-5 zoning district. The Interchange Activity Center Subdistrict allows the same land uses as the Mixed Use Activity Center Subdistrict — the full array of commercial uses, residential, institutional, hotel/motel, community facilities, etc. The actual mix of uses to be approved is determined during the rezoning process based upon consideration of the factors listed within the Mixed Use Activity Center Subdistrict (a.-1.). Given the approved uses, standards, requirements and limitations of the existing PUD, the surrounding development pattern, and location on a six-lane divided arterial roadway, staff finds the petitioner's responses to be acceptable and the proposed use to be consistent with the Interchange Activity Center Subdistrict. FLUE Objective 7 and subsequent Policies regard Smart Growth principles derived from the Toward Better Places, Community Character Plan for Collier County. Staff provides no specific analysis as to compliance with these provisions as the PUD amendment does not affect external access, opportunity or requirement for interconnections, the amount of open space, and provisions or requirements for pedestrian and bicycle facilities. Based upon above analysis, Comprehensive Planning staff finds the petition consistent with the FLUE. Transportation Element: Transportation planning staff has reviewed this petition and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): This petition does not propose any changes to any environmental segments of the originally approved PUD, thus no additional environmental review was warranted. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. 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 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F, 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 rezoning or amendment request. An evaluation relative to these Pine Ridge Center West PUD,PUDA-P120130001919 Page 4 of 13 April 3,2014 CCPC Revised: 3/21/14 subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Transportation Review: Transportation Division staff has reviewed the petition and made the finding that the proposed use is no higher intensity that the existing zoning's uses relative to traffic issues. As a result,no additional ingress/egress improvements are required. Zoning Services Review: As noted previously, the petitioner is seeking this amendment to add the use New and Used Car Sales and Service(SIC 5511). The use group is described as follows: Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries, and automotive accessories. These establishments also frequently sell pickups and vans at retail. Specific uses allowed in this SIC Code classification include the following: Automobile agencies(dealers)—retail Motor vehicle dealers,new and uses cars—retail Automobiles,new and used—retail Pickups and vans,new and used--retail Cars,new and used—retail However,the applicant has agreed to some limitation on the proposed use, as shown on page 2 of this staff report and as explained below. The two PUD zoned projects,Pine Ridge Center and Pine Ridge Center West are included in one plat,under the name 3500 Corporate Plaza. The petitioner of this PUD amendment only controls Tracts B and E of the combined plat for 3500 Corporate Plaza;however the entire PUD for Pine Ridge Center West(not Pine Ridge Center)is being amended to add the new use. The petitioner has agreed to limit the new use to Tracts B and E of the PUD site. The tracts immediately to the south of those two tracts are tracts P-4, a preserve area,and Tract A,which is developed with the Kraft Construction Building. (Please refer to the Zoning Map.) As Tracts B and E are currently configured in the plat, Kraft Lane,the interconnecting roadway between Whippoorwill Lane and Kraft Road, would be extended thru the subject property to connect to the Brynwood Center CPUD, as shown on the next page. The applicant's agent mentioned in the NIM that the applicant may seek to move this interconnection to the south. The property owner to the west, had already started tentative plans to develop a use on that site, (Pre-application Meeting was held February 19, 2014). A preliminary site plan for the proposed ALF use is shown at the bottom on the next page. On that site plan, the Brynwood Center developer is planning to use the existing platted interconnection point. Pine Ridge Center West PUD,PUDA-PL20130001919 Page 5 of 13 April 3,2014 CCPC Revised: 3/21/14 s ;, r,x ,,- ,7 , . c s. . , w - -- 1.. ri` �• 9 4y,'i..', ...,r_�rr ,r�--�i Er �j� -.4 , ioncr^` I '._. t;:4'.'1"i, kri }• yr.C. : -41.., :,,A,, R Y:1 k. r w �` ors 1 Y a , \�l,, t �y a 1 °Platted interconnection point PINE RIDGE ROAD F 1 ltr xR 2 2 , I I. O_ , z - 1 . f a IS '- / ', I 1 T i— 0 12 1 it cn L. rn 0 raeSERiE a :2**', Preliminary Site Plan based upon 2/19114 pre-application meeting Pine Ridge Center West PUD, PUDA-PL20130001919 Page 6 of 13 April 3,2014 CCPC Revised: 3/21/14 Staff believes it is important to keep the interconnection where is it currently located. 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. It is important to note that the partially developed PUD already allows a variety of commercial uses including several from the C-4, General Commercial, and C-5, Heavy Commercial, zoning districts - all these were deemed consistent with the Interchange Activity Center Subdistrict during the prior rezone. The subject can be developed with uses other than office uses and banks consistent with the current PUD Ordinance. The subject Tracts B and E can be developed with, for example, an auto supply store, restaurants, food stores, a hotel or motel, a drug store, or a garden supply store, to name a few of the non-office uses listed in the PUD Ordinance. Staff is of the opinion that the use proposed in this amendment as further limited by the petitioner and staff,will be compatible with the surrounding land uses. Deviation Discussion: The petitioner is not seeking deviations from the requirements of the LDC. FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 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." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff s responses to these criteria are provided in bold, non-italicized font]: 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 amendment and believes the proposed use as limited by the applicant and staff will be compatible with the development approved in the area. Pine Ridge Center West PUD, PUDA-PL20130001919 Page 7 of 13 April 3,2014 CCPC Revised: 3/21/14 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. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 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 offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP as limited by the applicant and staff. 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. Staff has provided a review of the proposed use and believes that the project will be compatible with the surrounding area as limited by the applicant and staff. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project will meet the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting roadway infrastructure for this PUD amendment purposes. The issue of adequate public facilities requirements will be addressed when development approvals are sought. Pine Ridge Center West PUD, PUDA-PL20130001919 Page 8 of 13 April 3,2014 CCPC Revised: 3/21/14 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 petitioner is not seeking any deviations. Rezone Findings: LDC Subsection 10.02.08 F. 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 request is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development as limited by the applicant and staff. Staff recommends that this petition be deemed consistent with the Transportation Element and the FLUE of the GMP. Therefore, staff recommends that this petition be deemed consistent with the overall GMP, if staff's recommended stipulations are included in any approval recommendation. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment request is appropriate given the existing land use pattern,and as limited by the applicant and staff. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; This amendment request will not create an isolated zoning district because the subject property is already zoned PUD; no change is proposed to the zoning district itself; the petition is limited to seeking approval to add one use to the existing list of approved uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn as the PUD zoning is already in place,having been approved in 2001. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes. The petitioner stated in the Rezone Criteria & Pine Ridge Center West PUD, PUDA-PL20130001919 Page 9 of 13 April 3,2014 CCPC Revised: 3/21/14 Narrative Statement of Compliance that"there is a demonstrated market demand for such a use in this location." 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment can been deemed consistent County's land use policies that are reflected by the Future Land Use Element(FLUE) of the GMP as limited by the applicant and staff. 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 roadway infrastructure has adequate capacity to serve the proposed project at this time. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. 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 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; 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 development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Pine Ridge Center West PUD, PUDA-PL20130001919 Page 10 of 13 April 3,2014 CCPC Revised: 3/21/14 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 property currently has a PUD zoning designation. The tracts could be developed within the parameters of the currently approved PUD ordinance; however,the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment as limited by the applicant and staff meets the intent of the LDC and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The petitioner proposes to add the use "New and Used Car Sales and Service (SIC 5511). The petitioner stated in the Rezone Criteria & Narrative Statement of Compliance that "there is a demonstrated market demand for such use in this location." 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 if staffs recommended stipulations are included in any approval recommendation,the new use would 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 petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone 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. Any development anticipated by this amendment would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later 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. Pine Ridge Center West PUD,PUDA-PL20130001919 Page 11 of 13 April 3,2014 CCPC Revised: 3/21/14 This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezone process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 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 March 11, 2014 at the Hawthorn Suites by Wyndham,Naples,Florida. See attached. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on March 5,2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20130001919 to the BCC with a recommendation of approval with the following stipulation: The interconnection to extend Kraft Lane thru the subject site will remain in its current configuration. Pine Ridge Center West PUD, PUDA-PL20130001919 Page 12 of 13 April 3,2014 CCPC Revised: 3/21/14 PREPARED 1-1\ t ' k4-1641L2411..„, /tab KAN" _FM, AICP. PRINCIPAL PLANNER DATE 1)FPARFM NT OF ANNIN( AM) ZONING RFVIEWED BY ii KAY MC/ND V. BELLOWS,ZOMNG M ANAG DA1 DEPARTMENT OF PLANNING AND ZONING MIKE BOSI Al( P. DIRECTOR DAT1 DEPARUMENT OF PLANNING AM)ZONING APPROVED BY: NICK CAS.ALAN(11.11)A. Af3MINISTRATOR IAA I I. (iROWTII MANAGEMENT DIVISION fentatively scheduled for the May 13. 2014 Board of County Commissioners Meelin?. Attachment: NIM synopsis Pine Ridge Center West PUD. PUDA-PL20130001919 Page 13 of 13 April 3, 2014 CCPC Revised, 3/12/14 RECAP of Germain Pine Ridge Center West Neighborhood Information Meeting March 11, 2014, Tuesday Attendee's as Introduced by Bob Mulhere: Robert Mulhere, FAICP—Hole Montes Engineering Kay Deselem, Principal Planner- Collier County Planning and Zoning John Garbo—Germain Properties Bruce Anderson — Roetzel &Andress Jane E. Eichhorn —Agnoli, Barber& Brundage, Inc. Dominick J. Amico, Jr., P.E. —Agnoli, Barber& Brundage, Inc. Members of the public—attached sign in sheet Introduction of project by Bob Mulhere to attendee's and representatives for the project. Bob explained to the audience the intension of the proposed PUD Amendment for the property. He explained the meeting was to add a use to the PUD. Went over the County zoning process with attendees. Gave hearing dates, time and location of meetings. Explained we are amending the PUD to include a car dealership. Went over the surrounding area uses with the attendee's. Showed them an aerial photo depicting the surrounding uses. Showed the PUD Master Plan— Identified the conditions for the property to the attendee's. 1. There will be no amplified sound of any kind 2. There will be no vehicle parking on Kraft right-of-way or the easement 3. The use will be limited to platted Tracts B and E only. 4. Add 15ft landscape buffers, a Type B with a Type C plantings to the east and south frontages, the front along Kraft Road and it would be the south property the south line. 5. The finished facades on the north and east—there will be finished facades on both the north and east sides. 6. There will be no collision shop on site. 7. The repair shop bays would be closed except for entering and exiting. 8. Cars will be delivered off site — on an offsite location and delivered to the site so there will be no trucks deliveries of cars. 9. The car dealership and accessories to that car dealership use on Tract B and E will be limited to a single story. 10. There will be no rooftop parking. 11. There will be an additional easement of equal capacity, size and terminology that exists today between platted Tract B and E also paced on the south. Discussed the easement was created in the PUD so that people could ultimately get out to Livingston Road without having to go out on Pine Ridge Road. Explained if the easement was vacated it would be moved farther back on the property. This concludes the presentation and I would like to open the floor up to any questions: (Q): Sound: Would there be any loud speakers (A): No amplified sound (Q): How close to Brynwood preserve—we are not abutting your neighborhood. Had more issues with the company to the West -Tire Company. (A): The distance between is a 1/4-1/z mile between. There is a Preserve between. (Q): The NDNS mentioned three (3) different land holders. Germain, Kraft & Pine Ridge Investors. Is that correct? (A): Yes (Q): Will the Kraft Properties, Building remain the same? (A): Yes the Kraft Building will remain the same, no change to it. (Q): What about the treed area by the Kraft Building? (A): That is a conservation area and has to remain the same. (Q): How about lighting? How much lighting? How high will the light poles be off the ground?Again my concern was hearing and seeing things? (A) We really don't know that right now. The design isn't complete, but if you look at other parking lots around none of the lights are higher than the tree's. The trees are going to shield that development from the light. I would believe the lighting on Pine Ridge Road will be higher than what we need. One thing about a car dealership is it a relatively low trip generator, it does not cause a lot of traffic and the times that people come are different than the high peak times. (Q): Have the hours been established? (A): No not at this time. I'm sure there will be weekend hours. All dealerships have weekend hours (Q): Can you go over again the front area, the area closest to Pine Ridge again?What distinction did you make there? (A) The only distinction that was made was that obviously the building is required by code to be architecturally designed because it faces an arterial roadway and it is commercial.Went over what sides of the building would need to meet the Architectural requirements. Due to the neighbors wanted it. Read the requirement from the previous CCPC hearing "The finished facades on the north and east— there will be finished facades on both the north and east sides."And this request was probably at the request of the First National Bank. (Q): How about the truck deliveries, does that mean they are going to be driven one at a time to the Germain property? (A): Yes. (Q): Will that condition be in the PUD? (A): Yes the way it was and I assume that will be the same. It fall under permitted use. (Q): What is the front setback?The easement. (A): The setbacks are in the PUD. I don't know them right now. The easement can be relocated to the back of the site. Discussed the location of the access road through the easement. (Q) What about people road testing cars? What are they going to do, go down Pine Ridge or go our Kraft Road to Whippoorwill and race down Whippoorwill Lane and come back? (A) We are not sure where they will test drive the cars or Livingston. Concern was raised about how fast the Nissan Dealership test cars on Whippoorwill Lane. Our recommendation was to call the Sheriff if someone is speeding. (0) Does it have any impact on the proposed Whippoorwill extension? (A) No (Q): When this goes to the Planning Commission with you have some of the things flushed out that you don't tonight like the height of the lights and stuff like that? (A) Typically stuff like this is already regulated by the County Land Development Code, the height that you can go;that comes at site development Plan. Discussion on certain lighting with shielding was discussed. (Q): What kind of dealership is going to be? (A): Haven't decided that as of yet (Q): How much of the building would be taken on the property? (A): Once concept plan the building was taking up a '/ of the property, but that was a concept plan. (Q): What about retention area/ runoff (A): An outline was given on the retention area (Q): Access Road (A): Discussion of where the access would connect to Livingston Road and where it would go on the property. (Q): The proposed CCPC and BCC dates? (A): CCPC April 3rd and didn't have BCC dates available Comment from one of the attendee's: I am very concerned that the car carriers are going to park and unload vehicles on Kraft Lane. (A): We explained that we would not have car carriers on site. Also stated, that there is a lot of traffic (A): We explained that this is a low use for traffic. ORDINANCE NO. 14 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-09, THE PINE RIDGE CENTER WEST PLANNED UNIT DEVELOPMENT BY AMENDING SECTION 3.3, PERMITTED USES, TO ADD AS A PERMITTED USE NEW AND USED CAR DEALERSHIPS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 8.87+/- ACRES, IS LOCATED SOUTH OF PINE RIDGE ROAD AND EAST OF LIVINGSTON ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. IPUDA-PL201300019191 WHEREAS, on February 27, 2001, the Board of County Commissioners approved Ordinance No. 2001-09, which established the Pine Ridge Center West Planned Unit Development (PUD); and WHEREAS, Dominick J. Amico, Jr., P.E. and Robert J. Mulhere, AICP, representing Germain Real Estate Company, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2001-09, the Pine Ridge Center West PUD. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Section 3.3, Entitled "Permitted Uses" of Ordinance Number 2001-09, Pine Ridge Center West. Section 3.3 of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 2001-09, the Pine Ridge Center West PUD, is hereby amended to read as follows: 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: * * * * * * * * * * * * Pine Ridge Center West/PUDA-P1.2013000)919 Rev.3/3/14 Words struck through are deleted;words underlined are added. Page I C. Area "C" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 — 5699). 2. Auto Supply stores(group 5531). 3. Depository Institutions (groups 6021 —6062). 4. Eating Places(group 5812). 5. Food Stores(groups 5411 groceries and supermarkets only, 5421 —5699). 6. General Merchandise Stores(groups 5311 — 5399). 7. Health Services (groups 8011 — 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712—5736). 9. Hotels and Motels(group 7011). 10. Insurance Agents, Brokers, and Services(group 6411). 11. Legal Services (group 8111). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores). 5992 (Florists), 5995 (Optical Goods). 5999 (except auction rooms, monument and tombstone sales). 13. New and Used Car Dealerships (group 5511), limited to New Car Dealerships only, with new cars comprising a minimum of 65% of the inventory. Used car sales are allowed only as an accessory use with principal use of new car sales. Further limited as follows: a. There will be no amplified sound of any kind. b. There will be no vehicle parking on Kraft Road right-of-way. c. The Car Dealership use will be limited to platted Tracts B and E only. d. There will be a 15 foot buffer with buffer Type C plantings along Kraft Road and along the south property line. e. There will be finished building façades on the north and east sides. f. There will be no collision shop on site. g. The repair shop bay doors will be closed except for entering and exiting. h. There will be no on site delivery of vehicles by truck. Cars will be delivered to an offsite location and driven to the site. i. Buildings and accessory structures will be limited to a single story. j. There will be no rooftop parking. Pine Ridge Center West/PUDA-P1.20130()01919 Rev.3/3/14 Words struck stfee-k-threuth are deleted;words underlined are added. Paget k. If the 24 foot platted access easement between platted Tracts B and Li is vacated in the future, the owner must create a replacement 24 foot access easement to the south within platted Tract B. • -13, 14. Paint. Glass, Wallpaper, Hardware. and Lawn and Garden Supply Stores (groups 5231 - 5261). 44 15. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 -7261 except crematories, 7291). 44-7. 16.• Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 4-6- 17. Real Estate Agents and Managers(group 6531). 17. 18. Travel Agencies (group 4724). -18. 19. Video Tape Rental (group 7841). 19. 20. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. * * * * * * * * * * * * SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida. this__ _day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK.CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING,Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney • 13-CPS-01283 18 Pine Ridge Center West/PIJDA-P1.20130001919 Rev.31314 Words struck trgh are deleted;words underlined are added. Page 3