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CCPC Agenda 09/18/2014 R COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA SEPTEMBER 18, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, SEPTEMBER 18, 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— August 21,2014 6. BCC REPORT-RECAPS— 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS Note: This item has been continued from the September 4,2014 CCPC meeting: A. Petition SRAA-PL20132012: A Resolution of the Collier County Board of County Commissioners amending the Ave Maria Stewardship Receiving Area (SRA) Town Plan and SRA Master Plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and specifically to: revise root barrier requirements for sidewalks, buildings and paved areas; revise the pedestrian network map to remove sidewalks in the Neighborhood General and University Districts and remove 12 foot trails; add single family detached Z lots to the Neighborhood General Zone; add 600,000 square feet of light industrial/warehousing to the Town Center 2b;redesignate 155 acres of Neighborhood General to Town Center 2b;redesignate 90 acres of Town Center 2a to Neighborhood General;redesignate 52 acres of Town Center 3 to Neighborhood General and move an access point along Oil Well Road. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South,Range 29 East and Sections 4 through 9 and 16 through 1 18, Township 48 South,Range 29 East in Collier County,Florida. [Coordinator: Kay Deselem,AICP,Principal Planner] B. Petition DOA-PL20140000561: A Resolution amending Development Order 84-1, as amended, for the Toll Gate Commercial Center Development of Regional Impact by providing for: Section One, Amendments to Development Order by extending the expiration date and the buildout date to August 1, 2021; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Boulevard in Section 35, Township 49 South,Range 26 East,and Section 2, Township 50 South,Range 26 East,Collier County,Florida. [Coordinator: Kay Deselem,AICP,Principal Planner] C. RZ-PL20130001752: Breeze of Calusa - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 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 classification of the herein described real property from a Commercial Professional and General Office zoning district within the Gateway Triangle Mixed Use Overlay - Mixed Use subdistrict (C-1-GTMUD-MXD) and a Residential Multi- Family-6 zoning district within the Gateway Triangle Mixed Use Overlay - Residential subdistrict (RMF-6- GTMUD-R) to a Residential Multi-Family-6 zoning district within the Gateway Triangle Mixed Use Overlay- Residential subdistrict (RMF-6-GTMUD-R) for the project known as Breeze of Calusa, located on three parcels just south of Calusa Avenue and west of Airport Pulling Road in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 4.69+/- acres subject to conditions; and by providing an effective date. [Coordinator: Fred Reischl,AICP, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 AGENDA ITEM 9-A You have received this packet material at your September 4, 2014 meeting g - attached is the revised Resolution Petition SRAA-PL20132012: A Resolution of the Collier County Board of County Commissioners amending the Ave Maria Stewardship Receiving Area (SRA) Town Plan and SRA Master Plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and specifically to: revise root barrier requirements for sidewalks, buildings and paved areas; revise the pedestrian network map to remove sidewalks in the Neighborhood General and University Districts and remove 12 foot trails; add single family detached Z lots to the Neighborhood General Zone; add 600,000 square feet of light industrial/warehousing to the Town Center 2b; redesignate 155 acres of Neighborhood General to Town Center 2b; redesignate 90 acres of Town Center 2a to Neighborhood General; redesignate 52 acres of Town Center 3 to Neighborhood General and move an access point along Oil Well Road. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner] €£R fi { RESOLUTION NO. 14- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) TOWN PLAN AND SRA MASTER PLAN IN ACCORDANCE WITH SECTION 4.08.07.F.4 OF THE LAND DEVELOPMENT CODE,AND SPECIFICALLY TO: ADD SINGLE FAMILY DETACHED Z LOTS TO THE NEIGHBORHOOD GENERAL ZONE; ADD 600,000 SQUARE FEET OF LIGHT INDUSTRIAL/WAREHOUSING TO THE TOWN CENTER 2b; REDESIGNATE 155 ACRES OF NEIGHBORHOOD GENERAL TO TOWN CENTER 2b; REDESIGNATE 90 ACRES OF TOWN CENTER 2a TO NEIGHBORHOOD GENERAL; REDESIGNATE 52 ACRES OF TOWN CENTER 3 TO NEIGHBORHOOD GENERAL AND MOVE AN ACCESS POINT ALONG OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY,FLORIDA. [PETITION SRAA-PL20132012] WHEREAS, the Board of County Commissioners approved the Town of Ave Maria Stewardship Sending Area (SRA) by Resolution No. 2004-89 on March 23, 2004 and Resolution No. 2005-234A on June 14,2005; and WHEREAS, as part of the approval of the SRA, the Board approved the Ave Maria Town Plan and Master Plan; and WHEREAS, Ave Maria Development LLLP and Ave Maria University, Inc. have applied for an amendment to the Ave Maria Town Plan and Master Plan in accordance with Section 4.08.07.F.4. of the LDC and Appendix D of the Ave Maria Town Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: I. Pages 1 of the Executive Summary, 2 of the Introduction, 3, 6, 8 and 12 of the Impact Assessment Report of the 2005 SRA Application are hereby amended and replaced with the pages attached hereto as Exhibit"A"to this Resolution. 2. Pages 76, 77, 97, 98, 100, and 216 of the Town Plan are hereby amended and replaced with the pages attached hereto as Exhibit"B"to this Resolution. 3. Pages 96A, 119-A and 119-B, attached hereto as Exhibit "C", are hereby added to the Town Plan. [14-CPS-01291/111523911]61 Ave Maria SRA Town/Master Plan Page 1 of 2 SSRAA-PL2010-313—Rev.9/10/14 4. The Master Plan, Page 6 of the Town Plan, is hereby deleted in its entirety and replaced with the Master Plan attached hereto as Exhibit"D"to this Resolution. 5. Except as set forth herein,the Ave Maria Town Plan shall remain in full force and effect. This Resolution adopted after motion, second and majority vote 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 Attachments: Exhibit A—Pages of Executive Summary, Introduction and Impact Assessment Report Exhibit B—Pages replaced in the Town Plan Exhibit C—Pages added to the Town Plan Exhibit D--Master Plan [14-CPS-01291/I 11523911]61 Ave Maria SRA Town/Master Plan Page 2 of 2 SSRAA-PL2010-313—Rev.9/10/14 Exhibit A Executive Summary This Stewardship Receiving Area (SRA) Designation Application for Ave Maria is filed on behalf of Ave Maria Development, LLLP. Ave Maria will consist of Ave Maria University and The Town of Ave Maria. The cornerstone of Ave Maria will be the University, the first major Catholic university to be established in the United States in more than 40 years. The town area of Ave Maria is designed as a compact, walkable community around a town core which will contain as its landmark, an Oratory of distinctive architecture. In addition,there will be distinctive residential neighborhoods offering a variety of housing types and lifestyles. This SRA Designation Application, consists of 5027 acres, 955+/- acres of which are dedicated to the University and 4072 acres to the Town, including 72 acres for public use (47.7 acres of public school sites and 23.8 acres in excess of requirement for community parks). Ave Maria University will support 6,000 students, and contains academic and administration buildings, student and administration housing, recreation, sports,and support facilities. The Town will contain a maximum of 11,000 dwelling units in a mix of residential unit types in the Town Center, and Neighborhood General context zones. Uses that provide the mix of services to, and are supportive of, the residents of The Town of Ave Maria and university will be mainly located in the Town Core and Town Centers. The Town Core, Town Centers, and Neighborhood Centers will provide a maximum of 690,000 square feet of gross leasable retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of medical facilities, 148,500 square feet of gross civic uses, 600,000 square feet of light industrial/warehousing and 400 hotel rooms. In addition, the town will provide public school sites, parks, golf courses, and other open space uses, while Ave Marie University will provide, in addition to the above facilities, private K-8 and high school. There are few undisturbed native vegetation areas within Ave Maria, and all vegetated areas are subject to ditches, berms, etc. Extensive areas of exotic monocultures (Brazilian pepper) exist across the site. The predominant agricultural land use is evidenced by the absence of any lands which score higher than 1.2 on the Natural Resources Index Map.The Natural Resources Index Assessment quantifies the acreage by land, UUse and demonstrates consistency with the Suitability Criteria, as is seen from the open space percentages and the Applicant's commitment to provide access to Ave Maria from Oil Well Road and Camp Keais Road. This SRA Designation Application also provides the calculation of the required Credit Use to designate the Town, Stewardship Receiving Area Revised 05/09/2014 The Town of Ave Maria Page 1 7.Credit Use and Reconciliation Analysis.This Credit Use and Reconciliation Analysis is submitted in order to track the transfer of credits from Stewardship Sending Areas (SSA) 1,2, 3,4, 5, and 6 to the Town of Ave Maria SRA.The Analysis provides a summary table that identifies the exchange of all Stewardship Credits. 8. Preliminary SRA Credit Agreement. Finally,an SRA Credit Agreement for those Stewardship Credits needed in order to develop the ORt/SRA authorized development is provided, The Agreement sets forth the number of SSA credits the applicant is utilizing in order to implement the Ave Maria Town Plan as included in this application. The development parameters used throughout these applications are illustrated in different manners depending on the purpose of the particular analysis.Table 1 provides a summary of these parameters. Table 1 Ave Maria Land Use Town 4,000 Acres' Residential 11,000 Units 6,876 Single Family -�_--_-- 4,124 Multi Family ALF 450 Units Retail 690,000 Sq.Ft. • Office 510,000 Sq.Ft. Hotel 400 Rooms Civic 148,500 Sq.Ft. Medical 35,000 Sq.Ft. Oratory 75,500 Sq.Ft.(3,500 seats) Light Industrial/Warehousing 500.000 So.Ft. Public Use 1027 Acres University&Ancillary Uses 955.55 Acres(6,000 university students) Public school site(s) 47.7 Acres Community park in excess of requirement 23.8 Acres Total 5,027 Acres Acreages include lakes and open space and are rounded to the nearest acre. `This acreage includes 417.7 acres of open space in excess of the required 35%.This excess open space does not require the consumption of credits nor do these acres count toward the 4,000 acre maximum for the town. Revised 09/0512014 The Town of Ave Maria !'eras Potable Water Potable Water;a potable water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package The assessment shall illustrate how the applicant will conform to either FAC Chapter 64E-6,for private and limited use water systems, or FAC Chapter 62-555 for Public Water Systems.in addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any,generated by the proposed treatment process, The applicant shall identify the sources of water proposed for potable water supply, Ave Maria Utility Company,WI,a private utility will construct,operate and maintain the potable water system. This system includes the water supply, treatment,storage and distribution system.Water will be supplied by ground water wells.This raw water will be softened to remove hardness and disinfected to kill water-borne bacteria.Treated water will be stored in above-ground concrete storage tanks until it is pumped into the potable water distribution system. Due to the size of this system,all facilities will meet and exceed the requirements of FDEP as stipulated in FAC 4 Chapter 62-555 for Public Water Systems. In addition,the private utility _ 'g company will obtain approval from the South Florida Water Management ._yy v ~ • District for the consumptive use of water.Ground water will be withdrawn ; I. r Dstcto e p from the Lower Tamiami aquifer Liquid waste products from this facility ;_`. ._,2 ter:` will be disposed of by discharging into the head end of the wastewater treatment plant. The following table identifies the potable water demands projected for this SRA area. !Table 1 SRA Potable Water Demands Potable Water Flows(mgd) - __ADD MMADD MOD .4____ 8.9 SRA(Original) 8.4 MGD 8.98 MGD 12.8 MGD Light 0.018 MGR 0.025 MGD 0.025 MoD industrietNVerehousin. i - —..._..___! SRA(Total) f 6.42 MGD 8.99 MGD 1 12.83 MGD ADD—Average Daily Demand MMADD—Maximum Month Average Daily Demand MOD—Maximum Dally Demand I Impact Assessment Report 1 Revised 05/09/2014 The Town of Ave Maria Page 3 Wastewater Wastewater;a wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Standards for On-site Sewage Treatment and Disposal Systems,contained in State of Florida in Chapter 64E6,F.A.C.for systems having a capacity not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C. for wastewater treatment systems having a capacity greater than 10,000 gallons per day.In addition to the standard requirements of the analyses required above, the wastewater assessment shall specifically consider, to the extent applicable, the disposal of waste products generated by the proposed treatment process. Ave Maria Utility Company,LLLP,a private utility will construct, operate and maintain a municipal quality advanced secondary wastewater treatment plant to service Ave Maria.This facility • ,,.. P . will be designed and permitted by the Florida Department of T.. Environmental Protection in accordance with Chapter 62-600- Domestic Wastewater Facilities, F.A.C. Wastewater will be treated to produce irrigation quality reclaimed water for disposal.This water will be stored in storage ponds until required.A projection of anticipated wastewater generation is contained in the table below. Sludge generated by the wastewater facility will be disposed by land application on nearby farm fields or by burial at the county's landfill. Table 2 ADF,MMADF,MDF for Wastewater Treatment Plant Design Peaking Factors Wastewater Flows(mgd) AADF: AADF AADF: AADF MMADF MDF MMADF :MDF PHF __ SRA Area(original), 1.5 2 4 j 5.8 MGD 8.7 MGD 11.6 MGD I Light I 1 Industrial/ 4,016 0.024 0.032 warehousing 1600.000 s(I.11.1 —___--- Subtotal 1.5 2 4 5,82 MGQ 8.72 MGD 11.93 MGD —--1 Allowance for illy) .58 MGD .58 MGD .58 MGD I j SRA Totals 8.34 I 9.283 I 12.48 (1)Assumed 10%of ADF CImpact Asst'ssment Report I Revised 05/09/2014 The Town of Ave Maria Page 6 programs. The table below demonstrates the anticipated benefits of the recycling program.At the request of the County Manager,Ave Maria University will establish a special recycling program focusing on the further reduction of solid waste from the university.The exact details of this special program have not been established. Estimated Solid Waste Generation I Phase Domestic Solid Waste Domestic Solid Waste i Cubic Yards/day z_._.._.__._...._.__rons/day Existing I 0 0 Phase 1 61.5 18.5 Phase 2(buildout) 111.0 33.3 (Licht IndustrialNVarehousincl) 14.2 ; 443 Total 11 25.2 37.66 Anticipated Benefits of the Recycling Program Units Proposed Garbage Garbage Garbage SourcelHousinj type Units Phase 1 Year 2011 (lblday) Jtonlday) (ydjfday) Residential Dwelling Unit 6,010 24,040 12.0 40.1 Retail ft2 410,400- 5,335 _ 2.7 - $89 Office ft2 r 276,6_00 5,532 2.8 9.2 Hotel room 110 220 0.1' 0.4 Medical ft2 + 15,000 300 0.2 0.5 Civic ft2 115,500 1,502 0.8 2.5 Total before Recycling(Phase 1) 38,929 18.5 61.5 !Grand Total with 30%Recycling(Phase 1) 25,850 12.9 43.1 Units Proposed Garbage Garbage Garbage Souresi•Housing_type _,...Units-Phase 2 Year 2016 (lblda_g_ (ton/day) (yrd'lday)._...._.. I Residential Dwelling Unit j 11.000 I 44,000 { 22.0 73 3 I E Retail ft2 690,000 I 8,970 I 4.5 15.0 Office ft' i 510.000 ' 10,200 } 5.1 I 17.0 Hotel room t 400 800 ; 0.4 T- y~- 1 3 Medical ft2 35,000 700 ' 0.4 f 1.2 Civic ft2 148,500 , 1,931 , 1.0 i 3.2 Light indusirial/Warehousinq.i..... ft2 I_. _ . . . .. 690,000 8,520 i 4 3 I 14.2 Total before Recycling(Buildout) 66604775.120 351337.6 4 41.04. .2 r Grand Total with 30% Recycling (Buildout) 4849052,585 2-a326.l 77:787.5 Impact Assessment Report Revised 05/09/2014 The Town of Ave Maria Page 8 The original proposed demands for Public Water Supply use iswas expected to be 2.336 MG per year, with a maximum day use of 12.8 MGD. The change in demands with the light industrial/warehousing use are minimal. As future renewals of the SFWMD Consum'five Use P- it are made .n necessa increases to he i.ermitte•. allocation due to the addition of light industrial/warehousina will be reviewed and addressed with the District. The irrigation requirements for Ave Maria using the modified Blaney-Criddle method will be an annual demand of 2, 117 million gallons per year(MGY). No change in irrigation demand is anticipated with the addition of the light industrial/warehousing use. 3.Proposed Consumptive Use Impacts Existing irrigated agriculture fields will be removed in the process of developing the Ave Maria University and Town. The combined PWS (6.4 MGD) and irrigation maximum day demands (5.8 MGD) less reclaimed water generated for irrigation (5.8 MGD), which forms the basis upon which potential impacts are evaluated, is 6.4 MGD (6.49 with proposed light industrial/warehousing), or approximately 42% less than the currently permitted allocation, The impacts associated with groundwater pumpage are therefore reduced by a similar amount. The SFWMD Lower West Coast Plan(April 2000),which is the District's assessment of water demands and sources, indicated no adverse impacts associated with current and future projected agricultural use. The proposed reduction in permitted allocation will reduce the potential for adverse impacts to occur. The proposed withdrawal facilities will be located to minimize potential impacts. Facilities will be located, designed and operated in such a way that they will not degrade the ambient surface or groundwater quality, and will not adversely impact any adjacent FSA, HSA, WRA,or conservation areas. 4.Proposed Dewatering Activities and Potential Impacts Temporary dewatering will be conducted in association with lake construction and other construction activities such as utilities installation, Dewatering activities are typically completed in a few days to a few weeks per site. All water withdrawn during dewatering will be directed to retention areas or lakes and will remain on the project site. Dewatering to a depth below 0.0 NGVD will not occur within 1,000 feet of saline water and the proposed activities will not cause an exchange of saline and fresh water. Dewatering will not occur within 100 feet of any wastewater treatment plant percolation pond and will not cause violations of state water quality standards for either surface or groundwater. Recharge trenches will be used to maintain a hydraulic barrier between the dewatering sites and wetland areas or other sensitive land uses. Adverse impacts to existing legal uses, off-site land uses,or the environment due to the proposed withdrawals are not anticipated. �4 w Impact Assessmenl Report The Town of Ave Maria Page 12 Revised 05/09/2014 Exhibit B Town Centers 2 and 3 j.. Key Features: , _ ( III • el Mixed Use r Shopping .. Employment 'er Wellness r`y I r Residential :`: �,�' t ;. � Town Centers 2 and 3 will provide a diversity of opportunities for a variety of businesses.Retail,service, residential and employment opportunities will be abundant.In Town Centers 2 and 3 businesses will feel they are part of a real and growing town-one that combines all the benefits of a quiet,close-knit neighborhood with the enriching environment of a major university. A wide variety of shopping needs will be met through local,national and regionally recognized stores.In short,Town Centers 2 and 3 will provide residents opportunities to find everything they need in dose proximity to their homes. Streets and drives in Town Centers 2 and 3 will maintain the pedestrian quality found throughout Ave Maria.Tree lined sidewalks will provide a buffer and shade to those Center walking within the Town Centers. The photographs,graphics,and diagrams are schematic and do not represent any actual pictures,designs,product .c Taw a _ - Town C4ntcr Pedestrian shading from buildings and canopy Town Centers 2 & 3 Introduction ITown Plan The Town of Ave Maria Page 76 Revised 05/0812014 floor plans,maps,architectural footprints,elevations,buildable area,actual lot configurations or the like.They are provided for illustrative purposes only. Land Uses Town Centers 2 and 3 will provide daily goods and services for the residents and visitors of Ave Maria.Buildings may be single-use,or shared-use.A mixture of uses including retail,office,civic,recreation/wellness,hotel/motel, light industrial and manufacturing,warehouse and warehouse distribution center and flex space,and residential are permitted within Town Centers 2 and 3.Specific uses permitted within Town Center 2 and 3 are ncluded in the Ave Maria Permitted Use Matrix,Appendix C. See page 96A for additional buffers and development standards for non-residential uses in Town Center 2b adjacent to the Del Webb Residential,Oil Well Road andAve Maria_ Boulevard, Business Park Uses A minimum of 50,000 SF will be reserved within Town Center 2 or 3 for uses defined in Appendix C as Business Park uses. Building Height-Maximum 4 Stories,Maximum 200 Ft.for cell towers Block Perimeter-Maximum 3,500 Ft. Density Floor Area Ratios: (FAR)shall not exceed 1.5 for the Total Building Area within each block. Floor Area Ratios: (FAR)shall not exceed 0.5 for Office/Commercial/Retail within each block. Floor Area Ratios: (FAR)shall not exceed 0.6 for Civic Uses within each block. Floor Area Ratios: (FAR)shall not exceed 26 units per acre for transient housing(hotel) within Town Centers 2 and 3. Floor Area Ratios: (FAR)shall not apply to residential uses. )Jpor Area Ratios: {FAR)shall not exceed 0.45_for Warehousing/Ligh.Industrial within Town Center 2 and 3. Required Parking Refer to Appendix B for Town Centers 2 and 3 parking analysis. Uesign Standards Design standards that control building placement,streetscape,parking,service areas,and landscape in Town Centers 2 and 3 are found on the following pages. Town Centers 2 & 3 General Design Standards hrevir F'l.41 Revised 09/09/2014 The Town of Ave Maria Page 77 Neighborhood General , .,,• . r ' • Key Features: - 0 1 ? • Residential �' '• , I ,y, • Public Schools - , L A(..... ,t • Neighborhood Centers ,-. -_r • Neighborhood Goods and Services Neighborhood park A broad mix of residential lot sizes and housing types anchor the Neighborhood General.Each neighborhood is characterized by a distinctive and consistent architectural design,and a community focus element. Neighborhood centers,parks and plazas are places where people will meet in formal or informal situations.The location of such facilities where people can cross paths is a key to a sense of neighborliness.Each neighborhood may contain an appropriately scaled center of neighborhood related goods and services including small workplaces,civiJnstitutioriat,and neighborhood retail and office buildings. Neighborhoods are planned in close proximity to town - —-- \,/// D r ` 'v centers,schools and community parks to encourage -,;/(27 6 �`ir pedestrian activity.The neighborhood streetscapes . are designed to support a walkable environment,with `"'�► -- PPo u°� i sidewalks separated from the street by a planting 1 ;• '`.� n zone.There is a hierarchy in the Town with regard to O y ® a commercial uses,from Town Core to the Town Centers ( ' � ��,,� to the Neighborhood Centers to Local Neighborhood /' ;y*s Goods and Services. V pA" . '4 `- / Neighborhood Centers may be relatively large and are •Q ,Jii , ' •.c:b centrally located within neighborhoods to encourage . ' 4% �� °"� interaction.These will house facilities such as fitness Fri:6:-d 4111%4' ' and recreation centers,clubhouses,limited retail,office — 1 Neighborhood General Introduction Town Plan The Town of Ave Maria Page 97 Revised 05/09/2014 and restaurant,among other uses.limited neighborhood-scale retail and office uses are encouraged to be strategically located within the neighborhoods.Their location is controlled by locational criteria defined in the Neighborhood Goods and Services sections of the town plan. The neighborhoods provide open park areas,water bodies,and recreational amenities such as a golf course to encourage outdoor activity.Neighborhood parks will be found within short walking distances of residences. These parks will be small in scale and have elements specific to the needs of the neighborhood.Design standards that will control building placement in the Neighborhood General content zone are found on the following pages.As mentioned in the Overview,all photographs and graphics are for illustrative purposes only and do not regulate the exact location or design of any feature or building. Neighborhood General-Landsca}t Landscaping within Neighborhood Centers shall adhere to the following criteria. • Provide a variety of tree and shrub species with at least 50%of the required trees and 25%of the required shrubs being plants native to Florida. • Required canopy trees used in open landscape areas(other than street trees)shall have a minimum caliper of 1W'. • Planting at the ground plane shall be a minimum of turf grass,gmundcover,low shrubs or flowering plants in tree planters is allowed as is appropriate to the design. • Landscape areas may provide for utilities,drainage,access easements,and signage. Nr•icthhnrhraod cents! (druivaping within Rioht of Way • Street trees shall occur at an average of 40 Ft and a ma)dmum spacing waverer of 48k Ft.o.c.along roadways located anywhere along the Jot frontage and centered in the planting area between the sidewalk and curbjor trees may beplanted behind the sidewalk and within the adjacent lot.as long as theme does not exceed 20 Ft.from back of curb. • Trees should have a clear trunk,beginning of branching of 6 Ft dear and be an overall height of 12 Ft.At a minimum,trees shall be 11/2"caliper at time of installation. • Plantings used in this district shall include a variety of tree and shrub species with at least 50%of the required trees and 25%of the required shrubs being plants native to Florida. Neighborhood General General landscape ill Revised 09/05)2014 The Town of Ave Maria :". " 1 Land Uses Permitted land uses in this district include residential and other housing. In addition, retail, office, civic/ institutional, recreational, and community facilities are encouraged and guided through location criteria. The Ave Maria Permitted Use Matrix,Appendix C,provides the detailed uses allowed in Neighborhood General. Setback Minimum Lot Area Front Rear Side Single Family Townhouse A 1200 Sq.FL _ 5Ft w 0 Ft. 0 Ft tntiS Ft.End/5 Ft.Corner Single Family Townhouse B 2000 Sq.Ft. 10 Ft. 0 Ft. 0 Ft.lnt/5 Ft.End/10 Ft.Corner 20 Ft./5 Ft. 0 Ft.int./5 Ft.End/10 Ft.Corner Single Family Townhouse C 3000 Sq.Ft. 15 Ft. • Accessory Structure Single Family Townhouse D 1400 Sq.Ft. 20 Ft. 10 Ft. 0 Ft Int./5 Ft.End/15 Ft.Comer Small Single Family Detached Ft 3 Ft.—1 iin.JIotal of both sides Rear Loaded Lots 4000 Sq.Ft. 10 Ft. 10 Ft.min.!10 Ft.Corner Large Single Family Detached 5 Ft./Total of both sides 10 Ft.mini Rear Loaded Lots 7400 Sq.Ft. 20 Ft. 0 Ft 10 Ft.Corner Small Single Family Detached 10 Ft/5 Ft. 3 Ft.—1 In./Total of both sides Front-or Side-Loaded Lots 4200 Sq.Ft. 20 Ft. Accessory Structure 10 Ft.min./ 10 Ft.Comer Medium Single Family 20 Ft/5 Ft. 3 Ft.—1 In./ Detached 6200 Sq.Ft. 20 Ft. Accessory Structure Total of both sides 10 Ft.mini Front-or Side-Loaded Lots 5 Ft.Corner 20 Ft./5 Ft. 5 Ft./Total of both sides Large Single Family Detached 8200 Sq.Ft. 20 Ft. Accessory Structure 10 Ft.min,/ Front-Loaded Lots 10 Ft.Corner e side/10 Ft.Other. Single Family Detached Z Lots 3190 Sv.Ft. 20 Ft. ;sid 10 Ft/3 Ft. 0 Ft one/5 Ft.both sides/15 Ft. gem Lot Line/ Accessory Structure Comer 10 Ft.15 Ft. 0 Ft.one side/5 Ft.Other side/ Single Family Attached 3600 Sq.Ft. 20 Ft. Accessory Structure 10 FL Corner Multi-Family"A` N/A 0 Ft. 20 Ft./5 Ft 10 Ft. Multiple-Family/Other Housing Accessory Structure Multi-Family`B`Multiple-Family N/A 0 Ft. 15 Ft. 15 Ft Not less than Equal to Neighborhood Goods and min.lot area setbacks of 20 FtJ5 Ft. 10 Ft. g of the smallest adjacent lots Accessory Structure Service Uses adjacent lot 20 Ft./0 Ft 10 Ft. Neighborhood Center N/A 0 Ft. Armory Structure 20 Ft./5 Ft 26 Ft. Schools N/A 0 Ft. Accessory Structure Individual product sheets provide additional design standards. The diagrams are schematic and do not represent actual product floor plan,architectural footprints, elevations,buildable area or actual lot configurations. A 23-foot setback shall be maintained from the back of the sidewalk to front loaded garages throughout the Neighborhood General District. Neighborhood General Land Uses I Town Plan 1 Town of Ave Maria Page 100 Revised 05109/2014 Appendix C permitted Land Use Matrix Town Town Town Neighborhood Services PERMITTED USES Core Center 1 Centers General District 2r&3 RESIDENTIAL AND OTHER HOUSING Single-Family Attached X""' X Single-Family Detached X"' X Single-Family Townhouse X , X X X _ Multiple Family X X X X Accessory Dwelling Unit X X , X Bed and Breakfast X X X X Fraternity,Sorority House X _ Home for the Aged,Assisted X X X Living Facility Student Dormitory x Youth Hostel X X X CI11IC/INSTITU11ONAl Cemetery,Mausoleum X X* X Church,Chapel.Bell Tower X X X X* Clinic,Urgent Care X X X X* Community Meeting Facility X X X X* Convents monasteries,group X X X X* housing for religious order Day Care Center X X X X* Emergency Services X X X Family Day Care Home X X X X* Fire Station X X X Funeral Home/Crematories X X Group Day Care Home X X X X* Heliport X X Hospital X X X Lodge,Club,Country Club, X X X X* Fraternal Organization _ Medical Center/Clinic X X X X* Museum X X X Nursing Home X X X* Nursery School X XX X` Philanthropic Institution X X _X Police Station X X X X Post Office,Mail Stores X X X X* Pubfic Buildings,Libraries X X X X* X Recreational Field X Schools,public or private — X X X X =Permitted use X*=Non-residential uses are permitted as defined in the Neighborhood General sections of this town plan. Appendix C t INri Plat 1 Revised 09105/2014 Page 21 K Exhibit C Del Wert/rewn center zb interface • 30'wide buffer • 90%opaque to 9',within one year • 0'berm wl 6'fence,hedge or wall,or combination thereof • Two staggered rows of canooy frees or palm dusters spaced no more than 30 feet on n er and a minimum of 14'in height at time of planting, • A minimum of 50 percent of the 30-foot wide buffer area shall be composed of a meandering bed of shrubs and around covers other than crass. • 50'building sets mcic for light industrial uses and 40'for other non-residential uses. Oil Well Rd. • 50'setback for light industrial • 20'setback for other non-residential • No buffer nnancement of existing tree duster plantings wllhin canal tract adtaoent to ew development t9 iindude installation of a r,Ll i u' 'ma • ,G a minimum of 3 gallon in size and planted 4'on center. Ave Marie Blvd. • 50'setback for Iiht industrial • 20'setback for tither non-residential • No additional Wier due to plantings in glace on Ave Maria Blvd. Town Centers 2&3 Landscape Town Plan The Town of Ave Maria Page 96A Small Simile Family O tacked '1'Lots - [Zero Lot Line] I , - Min. tot Area:3.190 Sa.Ft. Min. lot width at front or rear setback 1whichever is more ro trictivel:38 Ft. -_ _ Min. Lot Depth:84 Ft. ""`", _ • �Inyr ,;aopc Min.Front Yard Setback:20 Ft.front load, Mtn. 14 Ft; in 'clpa I and accessory structures. 1 - 1 side load garage f or'Anoka' _ I -- I a Min.Side Yard Setback:5 Ft.on each side.or 10 Ft.on : I -- I one side and 0 Ft. on the opposite for_principal and - _ _ I accessory structures.Minimum 10 Ft.separation between f 1 i ! principal structures, Min. Comer Side Yard Setback:15 Ft. _ Min. Rear Yard Setback:10 Ft,for principal structures or 1 3 Ft.for accessory st uctures Maximum Height:2%Stories for principal and accessory, structures. Residential Parking:Two off-street parking spaces per house(inclusive of garages and driveways)shall be provided. Garages: Garages may be two cars deco Perpendicular to the street.Minimum driveway width shall be 9 Ft., maximum 900 Su.Ft.for aaraoe. Accessory Structures: One accessory residential unit of up to 650 Sq,Ft.This structure may be freestanding or built over a garage.This structure may be used for a home office,hobby/workshop.pool house.residential storage or living quarters.Miscellaneous structures(such as potting and tool sheds)of up to 100 Sq.Ft One additional off-street parking space is reouired for accessory structures unless on-street parting is provided on the adjacent street. Encroachments: Porches,stoops,chimneys,bay windows,canopies.balconies and overhangs may encroach into the front yard uo to 50 percent of the total setback.These same elements may encroach into a side yard up to 50 percent of the total setback of the side yards,but no element may encroach into a side yard such that the distance to the oropedy Neighborhood General Residential Toryn Flan Revised 09/05/2014 T1w Town of Ave Maria Page 119-A line from the encroaching element is less than 2 Ft.—6 In,except that overhangs may encroach up to 2 Ft.into any yard. Additionally, a root;line overhang with gutter along a 0 Ft.side setback may encroach up to 2 Ft into the adjacent lot., Fences and walls may encroach into any yard up to theproperty line.Fencing and walls may not exceed 7 Ft.in height. Fence and waN materials may consist of wood, iron, vinyl, or masonry. Steps shall not be considered to be an encroachment.Due to compact lot dimensions, rear yard drainage easements ID.E.'sI for secondary drainage may be 10 Ft.in width and shared between adjacent lots.In these cases.the accessory structure setback may be 0 Ft.from the D,E.with no allowable at-grade encroachment. Landscape:Minimum of 80 Sc.Ft.on lots that are greater than 3,000 Sq.Ft.but less than 5,000 Sq.Ft in area:100$1 Ft.for lots 5,000 Sq.Ft.or larger in area.Minimum of turf grass for the remainder of the propel. Plantings shall be in planting areas,raised planters,or planter boxes around the perimeter of the dwelling. Zero Lot Line:Windows may be permitted on the zero lot line. Neighborhood General Residential Town Plan Revised 09/05/2014 The Town of Ave Maria Page 119-8 Exhibit D Y _ y y y ca p .iz N N l t pz E, a A 'Y. ,';;1 6'."41 Ul 4 OVUM 113M 110 in s z i. f A § $ i i ., .........7zi I 1 , _ - imO°z5tu0 r' c1 1,� : ! e_1 !!! I" / " ` t .l + Ii 0 \\_/- , . rill.,W , ° ',iii,0/1 ./ , • ' A r 1... ,,, __ ; . ,,,,.. ,I It. . Q 11 ; -.A., f Aoli,.\ A- s,of I op) b.k ,/,'-' ll i, ° a o . ' . , .' r i AN o - 1:r i .5100.#(311 1 Ili '"- p•------.--— .. ., W `-a �` \c tt e Y S t': -° , a � , .r- if srk () i d 1 ,.: i 3 t 'III �� 4% ! ��. , or il .1 i i --a ■ i fc-\ ,..u.,_.. ri ' i T s 1 0 T I AGENDA ITEM 9-B F 0 e er i , t, STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING &REGULATION HEARING DATE: SEPTEMBER 18,2014 SUBJECT: DOA-PL20140000561: TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT(DRI) APPLICANT&APPLICANT/AGENTS: Owners/Applicants: Agent: NRE98 LLC Sky Angel LLC Frederick E. Hood,AICP do Michael Wick do Andres Solis Davidson Engineering P.O. Box 512 1300 Goodlette Rd.N 4365 Radio Road Zephyr Cove,NV 89448 Naples,FL 34105 Naples,FL 34104 NOTE: Many parcels within the DRI have been sold to others. REQUESTED ACTION: The petitioner seeks an amendment to the Tollgate Commercial Center Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to extend the buildout date by nine years to August 1,2021 GEOGRAPHIC LOCATION: The subject property is located in the southeast quadrant of the 1-75 Tollgate Plaza intersection with Collier Blvd, fronting on Beck Boulevard, in Section 35, Township 49, Range 25 and Section 2, Township 50,Range 26,Collier County,Florida(See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The DRI DO for this project was approved on January 17, 1984 with the adoption of DRI DO Number 84- 1. Please refer to the applicant's agent's Notice of Proposed Change (NOPC) document, question#7 that provides a listing of the previous actions. The Southwest Florida Regional Planning Council (RPC) staff report (copy attached) also contains background and previous change information. That document DOA-PL20140000561;Tollgate Commercial Center DRI Page 1 of 4 September 18,2014 CCPC Revised 8/13/14 4.46 / Igo z 0 / °° _ : • EvEr'' 1 CL. N ( • i .o/ i;, -::ç— —;T > l If' �..tiaoQO�o at AI 01 41 s-----4414'0, .4.,.....1„ca...41'*4 z -__Ac/ i 1,;:!;:!:;i1 li.".- - .:s,i; : N .10„ I MIR, 1 ,:iii:110 1 4!1..1! '';--) Vg (10 LL} aliVIAMON namao r a te_... a W ov�navnoe OM., g I i tt � A E \, a 0 z 0 -31 " 3i a e I, r. w UZ I a a O o g a...a o 3/ t� 3g" a 3 A t Z g b i' M Y : 1 to sro_�■ _ . _ ^ �, rs a lY auvn 'rou uamoa ISO'WO uW�vwe a3nto� 411- P oA 1 4 4 !' ` !12 J m 3x 11 111 5; 03 , 8 q H C? iiii"- - '�>. f en 1 .3 tl ' n caws IY 17� E u - . OWA31Mit YNwaaw9 Vihra '. '-,- -1� -Y p 1-Le.•° ^__-..._ indicates that the petitioner is seeking to extend this project's buildout date for over eight years -- from December 29, 2012 to August 1,2021. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL(RPC): The RPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on August 14, 2014, with staff's recommendations that are shown below: It is Council staffs recommendation that no additional regional impacts will occur from the proposed change that were not previously reviewed by the SWFRPC and as such do not object to the change. Furthermore, the applicant rebutted the presumption of a Substantial Deviation with the information provided in the NOPCs. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity (DEO) and the applicant that SWFRPC staff recommends approval of the change and that Council staff finds that the request is not a substantial deviation and does not create any additional regional impacts not previously reviewed by the SWFRPC. 2. Request that Collier County provide SWFRPC staff with copies of any Development Order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DEO or the County. A copy of the complete RPC assessment is included in the application material. DEPARTMENT OF ECONOMIC OPPORTUNITY(EOC): DCA has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed change in buildout date does pass the threshold to be a presumption of a substantial deviation under Sub-chapter 380.06(19)(c), Florida Statutes that states: (c) An extension of the date of buildout of a development, or any phase thereof by more than 7 years is presumed to create a substantial deviation subject to further development-of-regional- impact review. 1. An extension of the date of buildout, or any phase thereof of more than 5 years but not more than 7 years is presumed not to create a substantial deviation As noted above, the applicant is seeking to extend the date of buildout by 9 years, thus this petition meets that criterion. However,the Sub-chapter continues saying the following: DOA-PL20140000561;Tollgate Commercial Center DRI Page 2 of 4 September 18,2014 CCPC Revised 8/13/14 These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of 5 years or less is not a substantial deviation. Staff is of the opinion that it is appropriate to extend the dates for this project given the more recent economic situation. Recent roadway improvements to the Davis Boulevard/Collier Boulevard (SR951) and 1-75 interchange area have created additional capacity for Collier Boulevard and Davis Blvd area. In any case, the applicant is not seeking to intensify the development by adding more land, uses or square feet, therefore the roadway impacts have already been addressed. DEO staff did not require the applicant to submit a revised TIS. County staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth Management Plan provisions. Staff recommends approval of the DRI DO amendment believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on August 12, 2014. The following criteria are to be considered for DRI amendments: 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals,objectives,and policies of the GMP. 3. Consider: Impacts on public infrastructure. STAFF RECOMMENDATION: That the Collier County Planning Commission(CCPC)forward a recommendation of approval of Petition DOA-PL20140000561 to the Board of County Commissioners as described by the amending DRI Development Order resolution. DOA-PL20140000561;Tollgate Commercial Center DRI Page 3 of 4 September 18,2014 CCPC Revised 8/13/14 PREPARED BY: 4 / ' Oiabli KAY D r SELEM,AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: J 1 11 diF 4 IZ' Ilir — RAY I ND V. BELLOWS,ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING 01 MIKE BOSI;AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: r_ ) ( _ / AP WA %MIMI 2 , .......__ __ i, ..mit ( NIC .CASALAN wr-i ot;MINISTRATOR DATE GROWTH MANAGE IT DIVISION Tentatively scheduled for the October 28,2014 Board of County Commissioners Meeting Attachment: RPC staff report DOA-PL20140000561;Tollgate Commercial Center DRI Page 4 of 4 September 18,2014 CCPC Revised 8/12/14 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL TOLLGATE COMMERCIAL CENTER DRI #07-7883-028 NOTICE OF PROPOSED CHANGE BACKGROUND The Tollgate Commercial Center Development of Regional Impact (DRI) is a previously reviewed and approved multi-use project located in Collier County on CR 84 just south of Interstate 75 and east of CR 951(see attached location map). The project as approved in 1992,includes 297,600 square feet of gross leasable floor area of retail uses, 35,000 square feet of office uses, approximately 4 fast food restaurants, 550,000 square feet of light industrial uses,and 405 hotel rooms on 100.24 acres of land. The original Development Order was conditionally approved and subsequently adopted on January 14, 1984, by the Collier County Board of County Commissioners. The original parameters of the project was for development on 69 acres and include 75,200 square feet of commercial, 300,000 square feet of industrial, 200 hotel rooms and 45,000 square feet of office uses. The project Development Order has since been amended four(4)times. This project has been ongoing since it was approved in 1992 and is mostly a built out development. At the present time, the entire infrastructure necessary for the Tollgate Commercial Center project has been completed. Most of the commercial sites on the property have been sold or are under contract for sale. PREVIOUS CHANGES There have been four previous changes to the Tollgate Commercial Center DRI. These changes were as follows: 1. On February 11, 1992, the Collier County Board of County Commissioners adopted Resolution 92-100. In summary, the applicant requested that the project be modified to include an additional 30.84 acres of surplus Florida Department of Transportation right-of-way and that the conditions relative to transportation, drainage, wastewater/water supply, and housing be substantially amended. The SWFRPC requested that the suggested Development Order be further revised. 2. On April 7, 1992, the Collier County Board of County Commissioners adopted the second amendment to the Development Order. Section 4.c.3., Transportation, was amended to require: (1) concurrency management through annual monitoring, (2) transportation impacts to the roads and intersections be appropriately addressed, and (3) the determination of proportional share of the regional roadway improvements be in accordance with Section 163.220,F.S. the amendment also revised Section 4.F., Housing; striking the termination dates for an affordable housing funding mechanism. 1 3. On February 11, 1997, the Collier County Board of County Commissioners adopted a third amendment to the Development Order. Resolution 97-75 amended the Development Order by extending the DRI termination date from December 31, 1997 to December 30,2002. 4. On December 2, 2003, Resolution 03-428 amended the Development Order by extending the DRI buildout date from December 30, 2002 to December 29, 2007. In addition, Section 380.06(19)(c), F.S. automatically extended the buildout date to December 29, 2010. Consistent with these actions and the Florida Senate Bill 1752 (2010) the project build out date was extended for 24 months to December 29, 2012. PROPOSED CHANGES On June 13, 2014, the SWFRPC staff received a Notice of Proposed Change (NOPC) to the Development Order for the Tollgate Commercial Center DRI. The proposed change is to allow for the subject development to extend the build-out date of the project to August 1, 2021. The development has substantially conformed to the approved construction plans and conditions found in the original development order as amended. However, because of unforeseen circumstances associated with the real estate markets in Collier County, the Tollgate Commercial Center has not completed development of the entire complex in the time period anticipated in the last Development Order and State allowed extensions. Therefore the applicant is requesting an extension of the buildout date. STAFF ANALYSIS Regional staff finds that the proposed changes appear to be subject to the criteria contained in Chapter 380.06: Section 380.06(19)(c)1,Florida Statutes, states the following: c) An extension of the date of buildout of a development, or any phase thereof,by more than 7 years is presumed to create a substantial deviation subject to further development-of-regional-impact review. 1. An extension of the date of buildout, or any phase thereof, of more than 5 years but not more than 7 years is presumed not to create a substantial deviation. The extension of the date of buildout of an areawide development of regional impact by more than 5 years but less than 10 years is presumed not to create a substantial deviation. These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of 5 years or less is not a substantial deviation. Based on the information provided in the NOPC application, Council staff finds that the request is a substantial deviation because the requested buildout date is for eight (8) years and seven (7) months which is greater than the allowed 7 years; Council staff however finds that the presumption of a substantial deviation has been successfully rebutted because no additional regional impacts affecting regional resources or facilities result from the proposed 2 change. The NOPC application has shown that there is no additional density or intensity being added to the project; the infrastructure for the project has been completed; there are no additional changes to project that substantially impact the regional transportation network; there are no additional affordable housing requirements; and there are no environmental impacts due to the proposed change. Therefore, Council staff believes that the proposed change meet the statute criteria in Section 380.06(19)(c)1, Florida Statutes and because there are no additional regional impacts due to this request,the presumption has been successfully rebutted and the request is not a Substantial Deviation. CHARACTER,MAGNITUDE,LOCATION The proposed change will not affect the character, magnitude or location of the DRI, because no new development is being proposed beyond what is approved in the existing DO. REGIONAL RESOURCES AND FACILITIES IMPACT The proposed change will not create additional impacts on regional resources or facilities since no additional development is proposed on the surrounding regional transportation network. MULTI-JURISDICTIONAL ISSUES The Tollgate Commercial Center DRI is located in Collier County and because of its location the proposed changes to the DRI do not create additional significant regional impacts that were not previously reviewed by the Council, there are no impacts to other jurisdictions in the Region and therefore there are no multi jurisdictional impacts created by the proposed changes. NEED FOR REASSESSMENT OF THE DRI The proposed changes do not require the DRI to be reassessed because no additional regional impacts not previously review and mitigated in the DRI were identified. Council staff finds that the presumption of a substantial deviation has been successfully rebutted by the information provided in the NOPC application. ACCEPTANCE OF PROPOSED D.O. LANGUAGE The NOPC did not included proposed DO language. STAFF CONCLUSIONS The SWFRPC role in coordinating the review process of NOPCs is to determine under the authority of Chapter 380.06(19)(a) F.S. if "any proposed change to a previously approved development creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency." 3 It is Council staffs recommendation that no additional regional impacts will occur from the proposed change that were not previously reviewed by the SWFRPC and as such do not object to the change. Furthermore, the applicant rebutted the presumption of a Substantial Deviation with the information provided in the NOPCs. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity (DEO) and the applicant that SWFRPC staff recommends approval of the change and that Council staff finds that the request is not a substantial deviation and does not create any additional regional impacts not previously reviewed by the SWFRPC. 2. Request that Collier County provide SWFRPC staff with copies of any Development Order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DEO or the County. 4 U3zE9J DEVELOPMENT ORDER NO. 14- i RESOLUTION NO. 14- I A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY EXTENDING THE EXPIRATION DATE AND THE BUILDOUT DATE TO AUGUST 1, 2021; SECTION 'TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PET:ITION DRI- PL20140000561) WHEREAS, the: Board of County Commissioners of Collier County approved Development Order No. 84-1,which approved a Development of Regional Impact(DRI)known as the ToIl Gate Commercial Center DRI on January 17,1984; and WHEREAS; the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order;and WHEREAS,the real property which is the subject of the Development Order is•legally described and set forth as Exhibit A; and WHEREAS, the Development Order has been subsequently amended several times, to wit: ! (i). Resolution No 92-100 (Development Order No. 92-1 February 1.1 1992; {ii) Resolution No. 92-222,(Development Order No. 94-1)April 7, 1992;. (iii) Resolution No 97-5 (Development Order No 97-2),February 11, 1997; (iv) Resolution No. 03-428;(Development Order No. 03-03)December 2,2003;and WHEREAS;, Section 380.06(19)(c), F.S., extended the.buildout date from the expiration date of December 29,2007 to December 29,20.10;.and ! x WHEREAS, under Senate Bill 1752 (2010),owner provided the required notice to extend ! the.expiration date and buildout date by two years to.December.29,2012;and WHEREAS, Sky Angel Center, LLC and.NRE98, LLC,through their authorized agent, have filed a Development Order Amendment (DOA). Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to extend the buildout date by over 8 years to August 1,2021, which NOPC is attached hereto and incorporated herein as Exhibit B; and Words steel ottgh are deieted;.words•widerlined are added. Toll Gate Cotninereial Center DRl/PUD. I of 4 DRI-PL20140000561-7/23/14 L3LT WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning.Council (SWFRPC)and held a public hearing on. ;and WHEREAS, the Board of County Commissioners, as the .governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Toil Gate Commercial Center DRI; and WHEREAS, at a public hearing held on , the Board of County Commissioners of Collier County, Florida,. in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest. Florida Regional. Planning Counsel,the Board of County Commissioners hereby approves the following Toll Gate Commercial Center DRI Development Order amendments. NOW THEREFORE, *BE IT RESOLVED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until the expiration date and buildout date of e e August 1, 2021. Any development activity wherein. plans have been submitted to the County for its review and approval prior to the expiration date of this.Order may be completed, if approved. This Order may be extended.by the Board of County Commissioners on the finding of excusable-delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Toll. Gate Commerciial.Center DRI do constitute a substantial deviation as set forth in Section 380.06(19), Florida Statutes,however,it does not create additional regional impacts. B. Pursuant to Section 380.06(19); Florida. Statutes, the applicant submitted the NOPC to the City of Naples,Collier County,the SWFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. Words ctruck throw are deleted;words underlined are added. Toll Gate Commercial Center DRl/PUD 2 of 4 DRI=P L20140000561 —7/23/14 if is 11 LP qi E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05,Florida Statutes. F. No increase in development intensity is authorized by this Resolution. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, but it does not create any additional regional impacts, and therefore does not require further Development of Regional impact review. B. The proposed changes to the previously approved Toll Gate Commercial Center DRI will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED; TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1,.as amended, shall remain in full force and effect,binding in accordance with its terms on all parties thereto. B. Copies of this Development Order/Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development)and the SWFRPC. C. This Development Order/Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and 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 Words stet are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 3 of 4 DRI-PL201400005,61 —7/23/14 . . r7i) irT\ IT) LI\V Approved as to form and legality: Heidi Ashton-Cicko • Managing Assistant County attorney Attachments: Exhibit A—Legal Description EXhibit B- Notice of Proposed Change CM14-CPS-01345\I 2 Words etfeek-throtteh are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUb 4 of 4 bki-pt2o14000o6:1 —7123114 . . . AGENDA ITEM 9-C Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING& ZONING DEPARTMENT HEARING DATE: SEPTEMBER 18, 2014 SUBJECT: RZ-PL20130001752, BREEZE OF CALUSA REZONE PROPERTY APPLICANT/AGENT: APPLICANT: AGENT: Green Palm Investments, Inc. Sandra L. Botcher, P.E. 115 East Palm Midway SLB Consulting of SW Florida, LLC Miami Beach, FL 33139 PO Box 2826 Bonita Springs, FL 34133 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezoning of 4.69± acres of land which is bisected by a zoning line. The subject site is currently zoned Commercial Professional and General Office zoning district within the Gateway Triangle Mixed Use Overlay - Mixed Use subdistrict (C-1-GTMUD-MXD) and Residential Multi-Family-6 zoning district within the Gateway Triangle Mixed Use Overlay - Residential subdistrict (RMF-6-GTMUD-R). The Petitioner wished to rezone the entire site to Residential Multi-Family-6 zoning district within the Gateway Triangle Mixed Use Overlay - Residential subdistrict(RMF-6-GTMUD-R). GEOGRAPHIC LOCATION: The subject property is located west of Airport-Pulling Road, south of Davis Boulevard, east of Shadowlawn Drive and north of Tamiami Trail East. It is accessed via Calusa Avenue, a local road. PURPOSE/DESCRIPTION OF PROJECT: The subject site is currently zoned both Residential (RMF-6-GTMUD-R) and Commercial (C-1- GTMUD-MXD). The Petitioner wishes to rezone the entire site to Residential (RMF-6-GTMUD-R) and to plat the parcel into single-family lots. An application for a plat has been submitted and is currently under review. It should be noted that a rezone to RMF-6 would also permit multi-family dwellings. 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I i I I�R Nil A a R R R«R R R A Y l Ril �NWpilkty o :aerie -o it 3Nw0 wNYWAOOYHS *OS AT)3N)33MO 3wOHSAYB ys R - 7S N in LLrtrt : at S ro°c SQ i J a rnx 01 ION 14 OY)NO,,.. tun."rao g` 1 o p 1:.�......,.1 ° Ii R R 3 � W o a ■, vov xoisaarr. m'..II �� '' �g x�� Eli!� � �� Alb n � �F/ Q D I - a """gg tt E��E,, Y vwa vwnnamvadw YRiYi _.. pg J, '¢�� / .fra1Li11-�.1■�,ag II= :g1 z II 3 Si 1 11 0 I x _.,,A — 2 r .11q0ligirrli II 1L U _ h :i� o o _ � �� ° ��7 F - 1 l CULF OF MEXICO SURROUNDING LAND USE AND ZONING: North: Calusa Avenue ROW, a single-family house zoned (RSF-4-GTMUD-R) and a portion of a developed commercial parcel zoned C-1-GTMUD-MXD-Accessory Parking Zone East: Developed commercial parcels zoned C-3-GTMUD-MXD South: An existing Mobile Home Park zoned C-3-GTMUD-MXD West: Single-family homes zoned RMF-6-GTMUD-R . ► , ICJ-JSAAV 44 GgiAl ii, .: ' ilf FY 'i-- k'' "s.' fr 1.- 7 - . _ rr ' ,.. i :_,.._ , , A, , tot h' . ,I., 4''- 1 y . l' - i J a ' 'tea. . 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Aerial(Bing Bird's Eye) GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element(FLUE): The subject property is located within the Urban designated area(Urban—Commercial District,Mixed Use Activity Center Subdistrict (#16), and Urban — Mixed Use District, Urban Residential Subdistrict), and is within the Bayshore/Gateway Triangle Redevelopment Overlay and the Coastal High Hazard Area—all as identified on the Countywide Future Land Use Map. The Urban Residential Subdistrict allows residential uses at a maximum density as determined by application of the Density Rating System, and a variety of non-residential uses, including parks, recreation and open space uses, and essential services as defined in the Land Development Code Breeze of Calusa Rezone September 18.2014 CCPC Page 4 of 12 (LDC). The Mixed Use Activity Center Subdistrict allows residential uses at a maximum density (at this location) of 16 dwelling units/acre, mixed use developments, the full array of commercial uses, essential services, and other non-residential uses. The Bayshore/Gateway Triangle Redevelopment Overlay is intended to promote redevelopment projects, especially mixed use projects. The Coastal High Hazard Area is an area vulnerable to the effects of a Category 1 hurricane. Though the entire site is proposed for rezoning to RMF-6, since a portion is already zoned RMF-6,the effect of this petition is only to rezone the C-1/T portion to RMF-6 (and change the zoning overlay from mixed use to residential). A density of 6 dwelling units/acre is consistent with the Mixed Use Activity Center Subdistrict(for the C-1/T portion of the site) as that Subdistrict allows a maximum of 16 dwelling units/acre. FLUE Policy 5.1 (for the RMF-6 portion of the site) allows a rezoning of the same or less density and same or less public facility impact. FLUE Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by Staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida,promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject site does not abut an arterial or collector road as identified in the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [As a non- PUD rezone petition, a master plan is not required. However, it is apparent that the only available site access is from Calusa Avenue. Due to the size and shape of the site, it is likely the site will contain a single road or drive as a cul-de-sac providing access to all lots or parcels. The submitted non-binding site plan depicts a cul-de-sac down the middle of the property.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [All surrounding properties are developed.] Breeze of Calusa Rezone September 18,2014 CCPC Page 5 of 12 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [As a non- PUD rezone petition,a master plan is not required and little detail is provided. However,the site must provide sidewalks and open space per the LDC.] Based upon the above analysis of proposed uses and densities, Comprehensive Planning Staff finds the proposed rezone petition to be consistent with the Future Land Use Element. Transportation Element: Transportation Division Planning Staff has reviewed the proposed rezoning petition included in the application back-up material to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. Transportation Division Planning Staff recommends that this petition be found consistent with policy 5.1 of the Transportation Element. Conservation and Coastal Management Element(CCME): Environmental Staff has evaluated the petition and determined that the site qualified for an off-site preserve and finds that the rezoning consistent with the CCME. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. 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 FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well. Therefore, zoning Staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, Staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Section 10.03.05.1 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to Breeze of Calusa Rezone September 18,2014 CCPC Page 6 of 12 support the recommendations of staff. The CCPC uses these same criteria as the basis for its recommendation to the Board of County Commissioners (BCC), who in turn uses the criteria to support its action on the rezoning request. The evaluation is completed as a separate document and is attached to the staff report(See Attachment A). Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. A donation has been made to Conservation Collier in lieu of an on-site preserve. Transportation Review: Transportation Division Planning staff recommends approval of the proposed rezone Utility Review: The Public Utilities Engineering Division recommends approval of the proposed rezone. Housing and Human Services: This project does not propose any affordable housing component and was not reviewed by Housing and Human Services. Zoning Review: The proposed rezone from Commercial and Residential to Residential is surrounded on two sides (north and west) by single-family homes. The Petitioner's intent to develop the site with single-family homes would be compatible with the existing residential neighborhood. The proposed density of just over 5 dwelling units per acre is also compatible with the existing residential neighborhood. The proposed rezone is surrounded on two sides by commercial zoning: existing offices to the east and a mobile home park to the south. Since the eastern portion of the subject site is currently zoned commercial, there was no requirement for the existing offices to provide a residential buffer. The Petitioner will be responsible for any required buffer. REZONE FINDINGS: Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following,where applicable: 1. Whether the proposed change will be consistent with the goals,objectives,& policies of the Future Land Use Map (FLUM) and the elements of the Growth Management Plan(GMP). The GMP and FLUM discussion of the staff report provides a detailed analysis of this project's consistency with the FLUM Map and the elements of the GMP. The staff report provides the support to justify a recommendation that this petition be deemed consistent with the GMP. Breeze of Calusa Rezone September 18,2014 CCPC Page 7 of 12 2. The existing land use pattern; As described in the staff report, the existing land use pattern has been found consistent with GMP Policy 5.4 of the FLUE which requires new land uses to be compatible with, and complementary to, the surrounding land uses. Please see the staff report for the discussion that supports this recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed rezone will result in a residential district which will be compatible with the residential zoning to the north and west. Therefore, staff is of the opinion that this petition (if approved) will not result in an isolated district unrelated to adjacent properties. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staffs research has not determined how the existing zoning lines were drawn, however, it appears that the residential zoning on the west side of the subject parcel was meant to create a buffer, for the existing residential neighborhood, from the commercial zoning on the east side of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Under the existing zoning, the Petitioner could have constructed commercial uses on part of the site. However, the uses would only have limited visibility along a local road that is mainly residential. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; As described in the staff report, the proposed rezone will create residential dwelling units next.to existing single-family homes and will not adversely impact the 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. Based upon the Transportation Planning Staff review, the proposed rezoning of the commercial portion of the subject property results in a net reduction of trips on the Breeze of Calusa Rezone September 18,2014 CCPC Page 8 of 12 adjacent roadway network. Therefore,this petition will not increase traffic congestion or create types of traffic incompatible with surrounding land uses. 8. Whether the proposed change will create a drainage problem; The LDC provides the prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have 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 rezoning is approved, any subsequent development would need to comply with the applicable LDC standards for development within the RMF-6-GTMUD-R zoning district which has dimensional requirements to prevent the reduction of light and air to adjacent areas. Therefore, if approved, this rezone should not negatively affect light and air permeation into adjacent areas. 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 value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Surrounding properties are currently developed. Therefore, 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, 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; Breeze of Calusa Rezone September 18,2014 CCPC Page 9 of 12 The subject property is currently within two zoning districts, one residential, the other commercial and is a relatively small parcel. These factors combine to make the parcel difficult to develop as it is currently zoned. The petitioner has opted to seek this rezoning in accordance with the rezone procedures outlined in the LDC,which is an allowable alternative. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed agricultural zoning development complies with the GMP, 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. Therefore staff is of the opinion that the proposed change 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. While it is possible to find other residentially zoned properties, the petitioner requests a conversion of commercial zoning to increase the developable residential area. The petition was reviewed on its own merits 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 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. The proposed residentially zoned property could result in site alteration, However, any development would require some site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process or platting 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. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. Breeze of Calusa Rezone September 18,2014 CCPC Page 10 of 12 NEIGHBORHOOD INFORMATION MEETING(NIM): A Neighborhood Information Meeting was held on January 7, 2014 at the Bayshore Gateway Community Redevelopment Agency (CRA) Offices in conjunction with the January CRA Advisory Board meeting. Approximately ten people attended, however, no one wished to sign in. Questions ranged from transportation to housing type. No objections were stated. Please see the narrative supplied by the petitioner,which is attached. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for RZ-PL20130001752 on September XX, 2014. SAS RECOMMENDATION: Planning & Zoning Department Staff recommends that the Collier County Planning Commission forward Petition RZ-PL20130001752 Breeze of Calusa Rezone to the Board of County Commissioners with a recommendation of approval of the rezoning request from C-1-GTMUD-MXD and RMF-6- GTMUD-R to RMF-6-GTMUD-R. Attachments: A. Ordinance B. Application C. Traffic Impact Statement Breeze of Calusa Rezone September 18,2014 CCPC Page 11 of 12 PREPARED BY: __ 9. 3 - aoiG FRE P ISCHL, AICP, PRINCIPAL PLANNER DATE PLANNING&ZONING DEPARTMENT REVIEWED BY: 7 3. RA' AY ND V. BELLOWS, ZONING MANAGER DATE PLA ING &ZONING DEPARTMENT Q- it_ II MIKE BOSI, AICP,DIRECTOR DATE PLANNING & ZONING DEPARTMENT APP ' D BY: 2i AAIE■4■ 7. NICK CASA G PP A,AD 'NI RATOR DA E GROWTH MANAGEMENT DIVISION Breeze of Calusa Rezone September 18, 2014 CCPC Page 12 of 12 ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 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 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL PROFESSIONAL/TRANSITIONAL ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE MIXED USE OVERLAY - MIXED USE SUBDISTRICT (C-1/T-GTMUD-MXD) AND A RESIDENTIAL MULTI- FAMILY-6 ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE MIXED USE OVERLAY - RESIDENTIAL SUBDISTRICT (RMF-6- GTMUD-R) TO A RESIDENTIAL MULTI-FAMILY-6 ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE MIXED USE OVERLAY - RESIDENTIAL SUBDISTRICT (RMF-6-GTMUD-R) FOR THE PROJECT KNOWN AS CALUSA AVE RESIDENTIAL, LOCATED ON THREE PARCELS JUST SOUTH OF CALUSA AVENUE AND WEST OF AIRPORT PULLING ROAD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.69+1- ACRES SUBJECT TO CONDITIONS; AND BY PROVIDING AN EFFECTIVE DATE. [RZ-PL20130001752] WHEREAS, GREEN PALM INVESTMENTS, INC., represented by Sandra L. Bottcher of SLB Consulting of SW Florida, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Zoning Classification. The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated by reference, located in Section 11, Township 50 South,Range 25 East, Collier County, Florida is changed from a Commercial Professional/Transitional zoning district within the Gateway Triangle Mixed Use Overlay - Mixed Use subdistrict (C-1TT- GTMUD-MXD) and a Residential Multi-Family-6 zoning district within the Gateway Triangle Mixed Use Overlay-Residential subdistrict(RMF-6-GTMUD-R)to a Residential Multi-Family- Calusa Ave.Residential RZ\RZ-PL20130001752 Page 1 of 2 11/26/13 6 zoning district within the Gateway Triangle Mixed Use Overlay - Residential subdistrict (RMF-6-GTMUD-R) for a 4.69 acre± project known as Calusa Ave Residential, subject to the conditions shown in Exhibit B. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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 ,Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Legal Description Exhibit B --Conditions DRAFT Calusa Ave.Residential RZ\RZ-PL20130001752 Page 2 of 2 11/26/13