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CCPC Agenda 10/15/2015COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA OCTOBER 15,2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, OCTOBER 15, 2015, 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. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — September 17, 2015 6. BCC REPORT - RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA A. PUDA- PL20140000548: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2003 -11, the East Gateway Planned Unit Development, by adding 250 residential dwelling units to be developed in addition to the commercial development on the commercial development area or as an alternative to industrial and business park development on the industrial business park development area; by changing the name of the planned unit development to the East Gateway Mixed Use Planned Unit Development; by adding Permitted Uses for residential development; by adding Development Standards for residential development; by adding Deviations; by revising the Master Plan; by Page 1 of 3 adding Exhibit B and Exhibit C, Road Right -of -Way Cross Sections; by revising Developer Commitments for the PUD located on the north side of Davis Boulevard and west of CR 951 in Section 34, Township 49 South, Range 26 East, Collier County, Florida consisting of 37.5± acres; and by providing an effective date. [Coordinator: Fred Reischl, AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued from the September 17, 201 S CCPC meetinm and further continued to the November S, 2015 CCPC meetinz: A. CU- PL20140000543: A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a church within an Estates (E) zoning district pursuant to Section 2.03.0l.B.l.c.1 of the Collier County Land Development Code for a 4.05± acre property located on the south side of Pine Ridge Road (C.R. 896), one - quarter mile east of Interstate 75, in Section 17, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] NOTE. This item has been continued from the Auzust 20, 2015 CCPC: B. PUDA- PL20150000178: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95 -33, the Briarwood PUD, as amended, to add Private Clubs and Private Parking Garages, and associated accessory uses, as a principal use in Tracts B & C: Community Commercial, to add minimum standards for Private Clubs and Private Parking Garages, to increase the maximum floor area for Private Clubs and Private Parking Garages in Tracts B & C: Community Commercial from 20% of the commercial land area to 49% of the commercial land area which comprises 198,500 square feet of the building footprint on the ground level and an additional 97,500 square feet limited to a mezzanine area, to add a deviation allowing an alternative Type D landscape buffer along Livingston Road and Radio Road, to add a deviation allowing the required 8 -foot wall at the top of a berm instead of being located at ground level, to add a new Alternative Landscaping exhibit for Livingston Road and Radio Road, and to add a new Conceptual Master Plan for the Private Clubs and Parking Garages, for the PUD property consisting of 209.17± acres located on the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Eric Johnson, AICP, CFM, Principal Planner] C. PUDA- PL20150000249: 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 adding 40,000 square feet of commercial uses for a total of 140,000 square feet of gross floor area and a parking structure up to 50 feet in height; by increasing the maximum height to four stories, or 50 feet; by allowing a portion of the preserve to be off -site; by amending the master plan, 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: Fred Reischl, AICP, Principal Planner] D. PUDA- PL20150000303: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 83 -46, as amended, the Berkshire Lakes Planned Unit Development by adding a 2.17 acre recreation area in the existing preserve and moving 2.17 acres of existing preserve to small separate preserve areas throughout parcel "F'; by adding a deviation to allow small separate preserve areas instead of continuous preserves; by amending the master plan to reflect acreages for the recreation area, preserve areas and lakes /water management, drainage and utility easement area under the recreation and open space /park "O" District, and to depict the recreation area and separate preserve areas; and providing an effective date. The subject property, consisting of 1093± acres, is located north of Davis Boulevard and west of Santa Barbara Boulevard in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Page 2 of 3 Township 50 South, Range 26 East, Collier County, Florida.. [Coordinator: Fred Reischl, AICP, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows /jmp Page 3 of 3 Agenda Item 9C Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 15, 2015 SUBJECT: PUDA- PL20150000249: PINE RIDGE CENTER WEST PUD PROPERTY OWNER- APPLICANT & AGENT: Owners /Applicant: Kraft Office Center North Parcel, LLC 3530 Kraft Road, Suite 204 Naples, FL 34105 3500 Corporate Plaza Property Owners Association 3530 Kraft Road, Suite 204 Naples, FL 34105 Germain Real Estate Company, LLC 13315 Tamiami Trail North Naples, FL 34110 REQUESTED ACTION: Agent: Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 The applicant requests an amendment to the Pine Ridge Center West Planned Unit Development (PUD). The applicant wishes to add "parking garage" as an accessory use (limited to two stories), add 40,000 square feet of commercial uses (for a maximum of 140,000 square feet), increase the maximum building height to four stories or 50 feet, and permit a portion of the preserve to be relocated off -site. GEOGRAPHIC LOCATION: The subject site is 8.87± acres in size and is located west of Interstate 75, south of Pine Ridge Road, and east of Livingston Road. The site is accessed from Pine Ridge Road. It is located within Activity Center 10. (See location map on the following page.) Pine Ridge Center West, PUDA- PL20150000249 Page 1 of 12 Rev. October 8, 2015 CCPC ;r Q z z O N Q Z O Q U O PURPOSE AND DESCRIPTION OF PROJECT: The applicant wishes to retain the existing office and commercial uses and add 40,000 square feet to the existing maximum of 100,000 square feet for a revised maximum of 140,000 square -foot gross floor area. The applicant also wishes to add a parking structure with a maximum height of two stories, and increase the maximum height of the principal structures from three to four stories or 50 feet, an increase from the existing 40. The applicant also requests that a portion of the preserve be taken off site, with a minimum of a one -acre on -site preserve required. SURROUNDING LAND USE AND ZONING: North: Pine Ridge Road ROW, across which is commercial development, zoned Naples Gateway PUD; no maximum intensity given. East: Commercial buildings, zoned Pine Ridge Center PUD (a maximum of 100,000 square feet of commercial). South: Community facility (hospice), zoned Avow Hospice CFPUD. West: Undeveloped land, zoned Brynwood Center CPUD; (a maximum of 140,000 square feet of commercial). Pine Ridge Center West, PUDA- PL20150000249 Page 3 of 12 Rev. October 8, 2015 CCPC Aeriai ruviv k --} - -, Page 4 of 12 Pine Ridge Center West, PUDA- PL20150000249 Rev. October 8, 2015 CCPC Activity Center 10 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Pine Ridge Center West PUD was determined to be consistent with the GMP at the time of the original rezone. Staff reviewed the proposed amendment to determine if the petition can be found consistent with the goals, objective and policies of the overall GMP. FUTURE LAND USE ELEMENT (FLUE): The subject property is designated on the Future Land Use Map and Map Series as Urban Commercial District, Interstate Activity Center (IAC) Subdistrict No. 10. This PUD amendment increases the commercial intensity of the Pine Ridge Center West PUD. Activity Center 10 provisions do not specifically address height or floor area. The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center [including IACs], are as follows: a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. [Pine Ridge Center West began as a PUD (in 2001) and is proposed here as a PUD amendment.] b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. [This information was not part of the original (2001) Pine Ridge Center West, PUDA- PL20150000249 Page 5 of 12 Rev. October 8, 2015 CCPC PUD proposal and is not provided for this amendment. Staff notes that the floor area increase discussed in the pre- application conference was 20,000 square feet. The subject amendment doubles this increase, to 40,000 square feet of addition floor area.] c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. [A market evaluation was not part of the original (2001) PUD proposal and is not provided for this amendment.] d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. [Existing land use information was not part of the original (2001) PUD proposal and is not provided for this amendment.] e. Adequacy of infrastructure capacity, particularly roads. [This determination has been satisfied with the Transportation Planning Staff review of the petition.] f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. [See comments under FLUE Policy 5.4 consideration below.] g. Natural or man-made constraints. [This determination has been satisfied with the Environmental Services Staff review of the petition.] h. Rezoning criteria identified in the Land Development Code. [This determination has been satisfied with the Zoning Services Staff review of the petition.] i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. [This determination has been satisfied with the Transportation Planning Staff review of the petition.] j. Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/mastcr plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. [This determination is left to the Transportation Planning Staff as part of their review of the petition.] k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. [This determination has been satisfied with the Transportation Planning Staff review of the petition.] 1. Conformance with the architectural design standards as identified in the Land Development Code. [Conformance with LDC architectural design standards cannot be fully addressed. See comments under FLUE Policy 5.4 consideration below.] The petitioner did not provide analysis of the above factors. Staff notes that all properties fronting the south side of Pine Ridge Road between 1 -75 to the east and Livingston Road to the west are zoned commercial to allow a variety of retail and office uses, except for the site developed with a fire station; and, most properties on the north side of Pine Ridge Road between I -75 and Livingston Road are also zoned commercial to allow retail and office uses. FLUE Policy 5.4 requires new developments to be compatible with, and complementary to, the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning Services Staff as part of their review of the petition in its entirety. Staff notes that the subject amendment requests an additional 10 feet [or] 1 story of building height to a maximum of 50 Pine Ridge Center West, PUDA- PL20150000249 Page 6 of 12 Rev. October 8, 2015 CCPC feet/4 stories over the present maximum height of 40 feet/3 stories but that PUD exhibits D, E and F do not illustrate buildings designs of these [current or proposed] heights and suggest buildings will be built at only 2 stories in height. Comprehensive Planning Staff also has observations regarding the increase in commercial intensity proposed. Generally, commercial intensity approximates 10,000 square feet of floor area per acre. The existing 11,274 square feet per acre (100,000 square feet on 8.87E acres) exceeds this 10,000 square feet per acre figure but was previously determined to be compatible with, and complementary to, the surrounding land area. The proposed intensity of 140,000 square feet on 8.87± acres provides 15,783 square feet per acre — a forty percent (40 %) commercial intensification. Staff recognizes this commercial intensity is above that customarily provided, but an Interstate Activity Center is the appropriate site for such intensity.] Regarding FLUE Policies 7.1 through 7.4, pertaining to access, interconnection, open space and walkable development — no changes are proposed to access, interconnection or sidewalk provisions, and the PUD must comply with the open space requirements of the LDC. Based upon the above analysis, the proposed Planned Unit Development Amendment may be deemed consistent with the FLUE. TRANSPORTATION ELEMENT: Transportation Planning Staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME): Environmental Planning staff found this project to be consistent with the CCME. 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 LDC Subsection 10.02.13 B.5, Planning Commission Hearing and 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 basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review .Analysis." In addition, staff offers the following analyses. Environmental Review: Environmental Planning staff has reviewed the petition and found that it meets the requirements of the LDC. Transportation Review: Transportation Staff reviewed the PUD and found the proposed amendment will not affect the Level of Service. Zoning Review: Please see Findings of Fact. Pine Ridge Center West, PUDA- PL20150000249 Page 7 of 12 Rev. October 8, 2015 CCPC FINDINGS OF FACT: This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E. Lb "A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development." PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the addition of square footage and increased building height will not have a major effect on traffic and other infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment does not affect the PUD's consistency with the GMP, therefore, Staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD has commercial uses on three sides. The south portion, adjacent to the hospice, has buildings that are existing. Staff considers this to be compatible. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The possible off -site preserve is consistent with the LDC, and open space appears to meet LDC requirements.. b. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Since a portion of the PUD is developed, the changes will not have a major effect on public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The Pine Ridge Center West, PUDA- PL20150000249 Page 8 of 12 Rev. October 8, 2015 CCPC proposed changes are compatible with the adjacent commercial uses. The subject amendment is an accommodation to expansion. 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 ofsuch regulations. The proposed amendment is consistent with PUD regulations and seeks to meet a desired purpose of providing additional commercial space. Rezone Findings: LDC Subsection 10, 02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners ... shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning Staff finds this petition consistent with the GMP. 2. The existing land use pattern; The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed change will not create a new district, but will amend the area of the approved uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed change will not alter the boundaries of the existing PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The Applicant believes that this location is appropriate for expanded commercial facilities. The proposed rezoning is not necessary. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; The closest residential neighborhood is to the southwest (Brynwood Preserve). The southwest portion of the subject PUD has existing buildings. No major effect on that neighborhood is expected. 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. Pine Ridge Center West, PUDA- PL20150000249 Page 9 of 12 Rev. October 8, 2015 CCPC Transportation Staff reviewed the PUD and found no change to the Level of Service. 8. Whether the proposed change will create a drainage problem; The PUD will be required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The site planning process, PUD dimensional standards and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11, Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The Pine Ridge Center West PUD is existing and should not be a deterrent to the development of surrounding 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 GMP which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing PUD; however, the petitioner believes that additional square - footage will function while keeping the site compatible with the neighborhood. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pine Ridge Center West, PUDA- PL20150000249 Page 10 of 12 Rev. October 8, 2015 CCPC The proposed change is to permit additional commercial area in a PUD that is already permitted for commercial uses. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification, This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17 The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 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. Deviation Discussion: The petitioner is not seeking approval of any deviations from the requirements of the LDC. ENVIRONMENTAL ADVISORY COUNCIL (EAQ REVIEW: The CCPC sitting as the EAC is not required to hear this petition. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held on August 25, 2015 at 5:30 PM at the Collier County Library, 2385 Orange Blossom Drive. Several questions were asked. There were no objections. The NIM adjourned at 5:45, Please see attached NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on October 2, 2015. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA- PL20150000249, Pine Ridge Center West PUD to the BCC with a recommendation of approval. Pine Ridge Center West, PUDA- PL20150000249 Page 11 of 12 Rev. October 8, 2015 CCPC PREPARED BY: F REISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAY V. BEL WS, ZONING MANAGER DATE ZON DIVISION eo MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: J FRE CH, DEPUTY DEPARTMENT HEAD DATE G OWTH MANAGEMENT DEPARTMENT DAVID S. WILKISON, P.E. DATE DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the November 10, 2015 BCC Meeting Pine Ridge Center West, PUDA- PL20150000249 Page 12 of 12 Rev. October 8, 2015 CCPC AGENDA ITEM 9 -D 50 eY Gm ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 15, 2015 SUBJECT: PUDA- PL20150000303: BERKSHIRE LAKES PUD PROPERTY OWNER, APPLICANT & AGENT: Owner /Applicant: Agent: Countryside Master Association, Inc. Frederick E. Hood, A1CP 260600 Countryside Drive Davidson Engineering, Inc. Naples, FL 34104 4365 Radio Road, Suite 201 Naples, FL 34104 REQUESTED ACTION: The applicant requests that the portion of the Berkshire Lakes Planned Unit Development (PUD) developed as the Countryside subdivision (333 acres) be amended. The applicant wishes to relocate 2.17 acres of the Conservation/Water Management Area to other locations within the subdivision, in order to construct additional recreation facilities on the 2.17 acres. The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the Berkshire Lakes PUD, but the effects will only be applicable to the Countryside subdivision. GEOGRAPHIC LOCATION: The Countryside property is 333± acres in size and is located west of Santa Barbara Boulevard, south of Radio Road, and north of Davis Boulevard. The site is accessed from Radio Road, Santa Barbara Boulevard, and Davis Boulevard. (See location map on the following page.) PURPOSE AND DESCRIPTION OF PROJECT: The applicant wishes to expand the existing recreational facilities in the vicinity of the clubhouse. To accomplish this, the applicant wishes to relocate a portion of the Conservation/Water Management Area to areas adjacent to the golf course. The resulting project will have the same area of native vegetation. Berkshire Lakes, PUDA- PL20150000303 Page 1 of 10 October 15, 2015 CCPC 2 SURROUNDING LAND USE AND ZONING: North: Radio Road ROW, across which are Berkshire Commons shopping center and single family homes, zoned Berkshire Lakes PUD; density: 7.4 DU /A. East: Santa Barbara Boulevard ROW, across which are residences zoned Santa Barbara Landings PUD (density 7 DU /A), EMS Station, school and an undeveloped residential tract zoned Bembridge PUD (density 6 DU /A), and Shoppes at Santa Barbara PUD (a maximum of 150,000 square feet of commercial). South: Davis Boulevard ROW; across which are Freestate CPUD (a maximum of 150,000 square feet of commercial), and residences zoned Falling Waters PUD (density 4.95 DU /A). West: Residences zoned Brettone Park PUD; density: 4.14 DU /A. Aerial Photo (CCPA) Berkshire Lakes, PUDA- PL20150000303 Page 3 of 10 October 15, 2015 CCPC GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Berkshire Lakes PUD was determined to be consistent with the GMP at the time of the original rezone. Staff reviewed the proposed amendment to determine if the petition can be found consistent with the goals, objective and policies of the overall GMP. FUTURE LAND USE ELEMENT (FLUE): The reconfiguration of the preserve areas, without a reduction in acreage, has no effect on the FLUE; therefore, the proposed PUDA may be deemed consistent with the Future Land Use Element. TRANSPORTATION ELEMENT: Transportation Planning Staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME): Environmental Planning staff found this project to be consistent with the CCME because the size of the preserve to be provided has not been reduced, however the areas will not be contiguous. A deviation to permit a non - contiguous preserve is proposed. 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 LDC Subsection 10.02.13 B.5, Planning Commission Hearing and 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 basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns and has no objection to the deviation which will permit non- contiguous preserves. Staff walked the sites with the applicant and found the proposed preserves to contain high quality native vegetation and to be located in areas of the golf course that are not high- traffic. A Preserve Management Plan shall be submitted with the Site Development Plan Amendment. Transportation Review: Transportation Staff reviewed the PUD and found the proposed amendment will not affect the Level of Service. Zoning Review: Zoning Staff has no objection to the deviation which will permit non- contiguous preserves. The expansion of the recreational area is compatible and complementary to the mix of uses in the PUD (further analysis is provided in the Findings of Fact). Berkshire Lakes, PUDA- PL20150000303 Page 4 of 10 October 15, 2015 CCPC FINDINGS OF FACT: This PUD Amendment is being heard by the CCPC because it is required to be heard by the EAC. PUD Findines: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the expansion of the recreational parcel and the creation of non - contiguous preserves is a good use of a PUD. The change will not have a major effect on traffic and other infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment does not affect the PUD's consistency with the GMP, therefore, Staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The location of the expanded recreational area was chosen to buffer the facility from existing residences within Countryside. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The change in the preserves is to location only. The acreage will remain the same. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is Staff's opinion that the relocated preserves will not affect public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Berkshire Lakes, PUDA- PL20150000303 Page 5 of 10 October 15, 2015 CCPC The current PUD was found consistent with the GMP and compatible with the neighborhood. The proposed change to the preserves will not affect compatibility compatibility. 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 ofsuch regulations. The proposed amendment is consistent with PUD regulations, with the proposed deviation, and seeks to meet a desired purpose of providing preserve areas which are non - contiguous. Rezone Findings: LDC Subsection 10.02.08. F. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners... shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staff s responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Since the amendment proposes to relocate the preserve areas and not eliminate them, Staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed change will keep non -golf recreational facilities in the same area and will relocate a portion of the Conservation/Water Management area to areas abutting the golf course. No isolated district, unrelated to adjacent districts, is created. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed change will keep non -golf recreational facilities in the same area and will relocate a portion of the Conservation/Water Management area to areas abutting the golf course. District boundaries are logically drawn. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. This location is appropriate for expanded recreational facilities, including sports courts. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; The location of the expanded recreational facilities was selected to buffer it from nearby residences. Berkshire Lakes, PUDA- PL20150000303 Page 6 of 10 October 15, 2015 CCPC Z 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. Transportation Staff reviewed the PUD and found no change to the Level of Service. & Whether the proposed change will create a drainage problem; The PUD will be required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The site planning process, PUD dimensional standards and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Since the Berkshire Lakes PUD is existing, the proposed amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant ofspecial privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing land -uses; however, the petitioner wishes to expand the recreational facilities by adding sports courts. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of Berkshire Lakes, PUDA- PL20150000303 Page 7 of 10 October 15, 2015 CCPC land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. IS. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed change is to expand an existing recreational facility for an existing residential community. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 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. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment ofrelatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest.... Please see attached Deviation Justifications provided by the applicant (Attachment H). Berkshire Lakes, PUDA- PL20150000303 Page 8 of 10 October 15, 2015 CCPC Deviation 1 -- A deviation from LDC Section 3.05.07.A.5 which requires that preserves be interconnected within the site, to allow non - contiguous preserve areas. Petitioner's Rationale: The Applicant wishes to have non - contiguous preserve areas in order to permit an expansion of the recreational facilities. Staff Analysis and Recommendation: Staff has no objection to this deviation since the proposed preserve areas are high quality upland vegetation. The deviation will not have a detrimental effect on health, safety and welfare. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: The CCPC sitting as the EAC is required to hear this petition because of the requested deviation to the preserve requirement. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held on August 24, 2015 at 5:30 PM at the Countryside clubhouse. Several questions were asked. A recurrent theme regarded the "playability" of the golf course roughs after they become preserve areas. The response was that the roughs would remain playable since the applicant will submit a "fire- safe" Preserve Management Plan with the Site Development Plan Amendment, which will allow maintenance of ground cover as well as trimming. Please see attached NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on October 2, 2015. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA- PL20150000303, Berkshire Lakes PUD to the BCC with a recommendation of approval. Attachments: Draft Ordinance Application & Support Material Berkshire Lakes, PUDA- PL20150000303 Page 9 of 10 October 15, 2015 CCPC PREPARED BY: F ISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMO ,,ND V. BELLOWS, ZON MANAGER DATE ZONIN bIVISION MIKE ( o -Z- t BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: S FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT 1 �D t1- I5 DAVID S. ILKISON, P.E. DA DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the November 10, 2015 BCC Meeting Berkshire Lakes, PUDA- PL20150000303 Page 10 of 10 October 15, 2015 CCPC ORDINANCE NO. 15 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 83 -46, AS AMENDED, THE BERKSHIRE LAKES PLANNED UNIT DEVELOPMENT BY ADDING A 2.17 ACRE RECREATION AREA IN THE EXISTING PRESERVE AND MOVING 2.17 ACRES OF EXISTING PRESERVE TO SMALL SEPARATE PRESERVE AREAS THROUGHOUT PARCEL "F "; BY ADDING A DEVIATION TO ALLOW SMALL SEPARATE PRESERVE AREAS INSTEAD OF CONTINUOUS PRESERVES; BY AMENDING THE MASTER PLAN TO REFLECT ACREAGES FOR THE RECREATION AREA, PRESERVE AREAS AND LAKES/WATER MANAGEMENT, DRAINAGE AND UTILITY EASEMENT AREA UNDER THE RECREATION AND OPEN SPACE/PARK "O" DISTRICT, AND TO DEPICT THE RECREATION AREA AND SEPARATE PRESERVE AREAS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 10931 ACRES, IS LOCATED AT THE INTERSECTION OF RADIO ROAD AND SANTA BARBARA BOULEVARD IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 51 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. JPUDA- PL201500003031 WHEREAS, on August 16, 1983, the Board of County Commissioners approved Ordinance No. 83 -46, which established the Berkshire Lakes Planned Unit Development (PUD); and WHEREAS, the PUD has been amended numerous times; and WHEREAS, Frederick Hood, AICP of Davidson Engineering representing Countryside Master Association Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 83 -46, the Berkshire Lakes PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Addition of Deviation to Section 7.05 of the PUD Document of Ordinance Number 8346, Berkshire Lakes PUD, as Amended. Section 7.05 of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 83 -46, the Berkshire Lakes PUD, as amended, is hereby amended to add the following: [15- CPS - 01443/1209704/1141 Rev. 091515 1 of 2 Berkshire Lakes PUD — PUDA- PL20150000303 7.05 DEVIATION FOR PRESERVES A deviation is approved from LDC Section 3 05 07 A.5 which requires that preservation areas shall be interconnected within the site and to adjoining off- site preservation areas or wildlife corridors to instead allow existing native vegetation areas to be divided into smaller areas and disbursed throughout Parcel "F" as shown on revised Exhibit H -1 attached to this Ordinance as Exhibit "A ". SECTION TWO: Amendments to PUD Document of Ordinance Number 83 -46, Berkshire Lakes PUD. Exhibit H -1, Parcel "F", Master Plan to the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 83 -46, the Berkshire Lakes PUD, as amended, is hereby amended and attached to this Ordinance as Exhibit "A ". SECTION THREE: 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 , 2015. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Heidi Ashton -Cicko &A t'- Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, Chairman Attachment: Exhibit A — PUD Document Exhibit H -1, Parcel "F" Master Plan 115-CPS-01443/1209704/1141 Rev. 091515 2 of 2 Berkshire Lakes PUD — PUDA- P1,20150000303 /0 RADIO ROAD EASEMENT -/ DAVIS BOULEVARD 0 GENERALNOTES 1. ALL ACREAGES, EXCEPT FOR THE PRESERVES, AREAPPROXMATEAND SUBJECT TO CHANGE. 2. A MINIMUM OF IB.71 ACRES OF PRESERVE ARE REQUIRED FOR THE COUNTRYSIDE GOLF A COUNTRY CLUB PORTION OF THE BERKSHIRE LAKES PUD. USES WITHIN THE PRESERVES ARE LIMITED TO NATIVE PRESERVES AND WILDUFE SANCTUARIES IN ACCORDANCE WITH SECTION VII. RECREATION AND OPEN SPACE/PARK '0" SECTION, OF THE PUD DOCUMENT. 3. AREAS IDENTIFIED AS REC (RECREATION) SHALL BE SUBJECT TO THE DEVELOPMENT STANDARDS OF THE GC (GOLF COURSE) AREA IN ACCORDANCE WITH SECTION 6.03 OF THE PUD DOCUMENT FULL ACCESS a RIGHT -TURN ACCESS ONLY 0 suit r+ rccr r BERKSHIRE LAKES PUDA CU NTRYSIDE GOLF YInAI ANN COUNTRY CLUB oia ®n COUNTRYSIDE GOLF t COUNTRY �NCN0 UC" K3°4e M 0� �oweeo CLUB CONCEPTUAL MASTER PLAN 0 GENERALNOTES 1. ALL ACREAGES, EXCEPT FOR THE PRESERVES, AREAPPROXMATEAND SUBJECT TO CHANGE. 2. A MINIMUM OF IB.71 ACRES OF PRESERVE ARE REQUIRED FOR THE COUNTRYSIDE GOLF A COUNTRY CLUB PORTION OF THE BERKSHIRE LAKES PUD. USES WITHIN THE PRESERVES ARE LIMITED TO NATIVE PRESERVES AND WILDUFE SANCTUARIES IN ACCORDANCE WITH SECTION VII. RECREATION AND OPEN SPACE/PARK '0" SECTION, OF THE PUD DOCUMENT. 3. AREAS IDENTIFIED AS REC (RECREATION) SHALL BE SUBJECT TO THE DEVELOPMENT STANDARDS OF THE GC (GOLF COURSE) AREA IN ACCORDANCE WITH SECTION 6.03 OF THE PUD DOCUMENT FULL ACCESS a RIGHT -TURN ACCESS ONLY 0 suit r+ rccr