CCPC Backup 11/05/2015 ill
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, NOVEMBER 5,
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.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES—October 1,2015
6. BCC REPORT-RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA
A. 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"0" 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
1
Barbara Boulevard in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5,
Township 50 South, Range 26 East, Collier County, Florida.. [Coordinator: Fred Reischl, AICP,
Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
Note: This item has been continued from the September 17, 2015 CCPC meeting, then again from the
October 15,2015 CCPC meeting:
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 2.03.01.B.1.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]
10. OLD BUSINESS
11. NEW BUSINESS
12. PUBLIC COMMENT
13. ADJOURN
CCPC Agenda/Ray Bellows/jmp
2
CCPC September 17, 2015
CU-P L20140000543
Pine Ridge Rd CR 896
August 18, 2015
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on August 28, 2015 and furnish proof of publication
to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning
Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The
advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a
type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper
where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DIVISION: ZONING
[Zoning Services Section]
FUND&COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500154356
Account Number: 068779
7
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m,
Authorize,,. esignee signaturefor CCPC Advertising
PL
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
commencing at 9:00 A.M., on Thursday, September 17, 2015, in the Board of County Commissioners
meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider:
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
2.03.01.B.1.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. [Petition CU-PL20140000543]
(insert map)
All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be
made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government
Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing. Written
comments must be filed with the Zoning Division, Zoning Services Section, prior to
Thursday, September 17, 2015.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he 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.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
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August 18, 2015
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CU-PL20140000543, Pine Ridge Rd CR 896 (Display Ad w/map)
Dear Legals:
Please advertise the above referenced notice w/Map on Friday, August 28, 2015
and kindly send the Affidavit of Publication, in triplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500154356
August 18, 2015
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on August 28, 2015 and furnish proof of publication
to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401,
Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the
advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DIVISION: ZONING
[Zoning Services Section]
FUND & COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500154356
Account Number: 068779
Authorized Designee signature for CCPC Advertising
PL
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
commencing at 9:00 A.M., on Thursday, September 17, 2015, in the Board of County Commissioners
Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to
consider:
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
2.03.01.B.1.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. [Petition CU-PL20140000543]
(insert map)
All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be
made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County
Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning Services Section, prior to
Thursday, September 17, 2015.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he 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.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
1
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Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, August 19, 2015 8:32 AM
To: Naples Daily News Legals
Subject: CU-PL20140000543 Ping Ridge Rd
Attachments: CU-PL20140000543 Pine Ridge Rd CR 896 (CCPC 9-17-15).doc; CU-PL20140000543,
Pine Ridge Rd CR 896 (CCPC 9-17-15.doc; CU-PL20140000543 Pine Ridge Rd CR 896
(CCPC 9-17-15).pdf
Legals,
Please advertise the following attached ad Friday, August 28, 2015 (display ad w/map).
Please forward an ok when received, if you have any questions feel free to call me.
Thanks
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(a�collierclerk.com
1
Martha S. Vergara
From: Gori, Ivonne <ivonne.gori @naplesnews.com>
Sent: Wednesday, August 19, 2015 11:16 AM
To: Martha S. Vergara
Subject: RE: CU-PL20140000543 Ping Ridge Rd
ok
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori(c�NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
aple5 i *`111
L.c r
From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com]
Sent:Wednesday, August 19, 2015 8:32 AM
To: Legals NDN <legals @JMG.onmicrosoft.com>
Subject: CU-PL20140000543 Ping Ridge Rd
Legals,
Please advertise the following attached ad Friday, August 28, 2015 (display ad w/map).
Please forward an ok when received, if you have any questions feel free to call me.
Thanks
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergaraacollierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take
any action induced by or in reliance on information contained in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting
the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
1
Martha S. Vergara
From: Gori,Ivonne <ivonne.gori @naplesnews.com>
Sent: Wednesday, August 19, 2015 12:42 PM
To: Martha S. Vergara
Subject: 231159505 RE: CU-PL20140000543 Ping Ridge Rd
Attachments: NDN231159505.pdf
Please find attached for your review and approval, for Publication on Friday, August 28th, 2015.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.goric NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
TA:twits anti " t
From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com]
Sent: Wednesday, August 19, 2015 8:32 AM
To: Legals NDN <legals @JMG.onmicrosoft.com>
Subject: CU-PL20140000543 Ping Ridge Rd
Legals,
Please advertise the following attached ad Friday, August 28, 2015 (display ad w/map).
Please forward an ok when received, if you have any questions feel free to call me.
Thanks
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(a collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take
any action induced by or in reliance on information contained in this message.
1
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County
Planning Commission commencing at 9:00 A.M., on Thursday, September
17, 2015, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider:
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 2.03.01.B.1.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.
[Petition CU-PL20140000543]
I^
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ESTATES °o ESTATES UNIT 25
UNIT 33 ,. UNIT 34 SUNGATE FT
m /�C2P CENTER,,,,,,,
w , CHESHIRE ARMS
z GREEN BOULEVARD App.
1 GREEN BLVD. PUD GREEN
All interested parties are invited to appear and be heard. Copies of the
proposed RESOLUTION will be made available for inspection at the Collier
County Clerk's Office, Fourth Floor, Collier County Government Center, 3299
East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning
Services Section, prior to Thursday, September 17, 2015.
If a person decides to appeal any decision made by the Collier County
Planning Commission with respect to any matter considered at such
meeting or hearing, he will need a record of that proceeding, and for such
purpose he 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.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
No.231159505 August 28,2015
Martha S. Vergara
From: Reischl, Fred
Sent: Wednesday, August 19, 2015 1:56 PM
To: Martha S.Vergara; Ashton, Heidi; Rodriguez, Wanda; Neet, Virginia; Stone, Scott
Subject: RE: Ad proof for CU-PL20140000543 Pine Ridge Rd
Hi Martha-
Looks good from this office. Dinny will be subbing for Wanda on the legal end.
-Fred
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Wednesday, August 19, 2015 1:45 PM
To: ReischlFred; AshtonHeidi; RodriguezWanda; NeetVirginia; StoneScott
Subject: Ad proof for CU-PL20140000543 Pine Ridge Rd
Hello All,
Attached is the ad proof from NDN, please review and let me know of any changes needed.
Thanks,
Martha
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
Martha S. Vergara
From: Neet, Virginia
Sent: Wednesday, August 19, 2015 3:49 PM
To: Martha S. Vergara
Subject: FW: CCPC ad approval
Attachments: Ad proof for PUDA-PL20140002683 Royal Palm Academy; Ad proof for CU-
PL20140000543 Pine Ridge Rd
See below.
Dinny
From: StoneScott
Sent: Wednesday, August 19, 2015 3:48 PM
To: NeetVirginia; AshtonHeidi
Subject: FW: CCPC ad approval
Dinny,
The CU is my petition, and it looks fine. I believe the PUDA petition is Heidi's, so I'll defer to her on the ad.
Scott A. Stone
Assistant County Attorney
Collier County Attorney's Office
(239) 252-5740
From: NeetVirginia
Sent: Wednesday, August 19, 2015 3:18 PM
To: StoneScott
Subject: CCPC ad approval
Scott:
Will you be approving these ads in Wanda's absence?
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law.e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, August 19, 2015 3:54 PM
To: 'Gori, Ivonne'
Subject: RE: CU-PL20140000543 Ping Ridge Rd
Ivonne,
The legal department has reviewed and approved this ad, please proceed with publishing as
requested.
Thanks,
Martha
From: Gori, Ivonne [mailto:ivonne.goriCanaplesnews.com]
Sent: Wednesday, August 19, 2015 11:16 AM
To: Martha S. Vergara
Subject: RE: CU-PL20140000543 Ping Ridge Rd
ok
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.goriNaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
) � I
ttsNews
From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent:Wednesday, August 19, 2015 8:32 AM
To: Legals NDN <legals @JMG.onmicrosoft.com>
Subject: CU-PL20140000543 Ping Ridge Rd
Legals,
Please advertise the following attached ad Friday, August 28, 2015 (display ad w/map).
Please forward an ok when received, if you have any questions feel free to call me.
Thanks
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
1
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County
Planning Commission commencing at 9:00 A.M., on Thursday, September
NAPLES DAILY NEWS 17,2015, in the Board of County Commissioners Meeting Room, Third Floor,
Published Daily
Naples,FL 34110 Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider:
A Resolution of the Board of Zoning Appeals of Collier County, Florida
Affidavit of Publication providing for the establishment of a Conditional Use to allow a church within
an Estates(E)zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier
State of Florida County Land Development Code for a 4.05± acre property located on the
Counties of Collier and Lee 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.
[Petition CU-PL20140000543]
Before the undersigned they serve as the au
appeared Daniel McDermott, who on oath: 4 m GOLDEN GATE GOLDEN GATE it
¢w
Inside Sales Manager of the Naples Daily IN W VINEYARDS ESTATES
G ESTATES(DRI) UNIT 32 UNIT 1 U
newspaper published at Naples, in Collier z 6 9 10
distributed in Collier and Lee counties of F PROJECT I
attached copy of the advertising,being a ' ( LOCATION
" PINE RIDGE ROAD BROOKS
(C.R.896) VILLAGE
PUBLIC NOTICE ASTRON
PLAZA j 15
17 W 16 GOLDEN GATE
GOLDEN GATE O GOLDEN GATE ESTATES
w ESTATES m ESTATES UNIT 26
in the matter of PUBLIC NOTICE F UNIT 33 UNIT 34 FPkL
1J 17 L1 �Q. SUNGATE
CENTER
was published in said newspaper 1 time it GREEN BOULEVARD CHESHIRE ARMS
published LVAPTS.
on August 28, 2015. i GREEN BLVD.PUD GREEN BD. \
All interested parties are invited to appear and be heard. Copies of the
Affiant further says that the said Naples proposed RESOLUTION will be made available for inspection at the Collier
published at Naples, in said Collier Count County Clerk's Office, Fourth Floor, Collier County Government Center, 3299
East Tamiami Trail, Suite 401, Naples, FL, one week prior to the scheduled
newspaper has heretofore been continuou hearing. Written comments must be filed with the Zoning Division, Zoning
County,Florida; distributed in Collier an Services Section, prior to Thursday, September 17,2015.
each day and has been entered as second■ If a person decides to appeal any decision made by the Collier County
office in Naples, in said Collier County, I Planning Commission with respect to any matter considered at such
year next preceding the first publication meeting or hearing, he will need a record of that proceeding, and for such
advertisement; and affiant further says th purpose he may need to ensure that a verbatim record of the proceedings
promised any person, firm or corporation is made, which record includes the testimony and evidence upon which the
commission or refund for the purpose of ,appeal is to be based.
publication in the said newspa] r ` If you are a person with a disability who needs any accommodation in order„)._6::) 7
to participate in this proceeding, you are entitled, at no cost to you, to the
" ( provision of certain assistance. Please contact the Collier County Facilities
(Signature of affiant) Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board
Sworn to and subscribed before me
of County Commissioners Office.
This 2nd day of September, 2015 Collier County Planning Commission
Mark Strain, Chairman
j No.231159505 _ August 28.2015
(Signature of notary public)
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C c,PC- 1 /. S.
/ ief-n 614
Summit Church Conditional Use
Items for possible consideration at CCPC, 11-05-15 (2nd Meeting)
1. Height Limitation - 30 feet, same as our residential neighbors.
2. No school or day care operations will be allowed.
3. No playgrounds or outside recreational equipment will be permitted.
4. Exits to the rear of the building will be limited to those required by fire code.
The primary entrance will be on the North face of the building and all doors
and windows will be closed during services and periods when performances
or music practice is occurring.
5. The building will be setback a minimum of 110 feet from Napa Woods Way
and 75' from the east property line. All other setbacks will meet minimum
standards for Estates zoning.
6. The building will be constructed with materials designed to provide sound
dampening and to reduce the through wall penetration of noise.
7. Lighting will be limited to 15' in height and will utilize flat panel fixtures and
cut off shields where necessary to ensure light spill does not negatively
impact neighbors. Lighting located to the south and east of the building will
be limited to security lighting and will be aimed downward (no wall pack
lighting).
8. The facilities will only be utilized by one church. Leasing of facilities to allow
for more than one church entity to utilize the facilities is prohibited.
9. The native vegetative buffer along the south property line will be a minimum
of 45 feet in width. Hand clearing will be utilized to remove exotic vegetation
within the native buffer. Supplemental plantings of wax myrtle, buttonwood,
green buttonwood, sable palms, and/or live oaks will be utilized to achieve
80% opacity at 8 feet in height within one year of planting.
10. The water management swale between the native vegetation and the rear of
the building will be a minimum width of 45' and will be planted with 12' high
bald cypress trees, staggered.
11. The Architectural style of the building will be Mediterranean, utilizing earth
tones and tile roofing materials.
12. No outdoor amplified music will be permitted.
Previously As
y Change
e
Proposed
Building
Height
35 feet 30 feet -14%
8
Size of 30,000 sq. 19,000 sq. o
Buildin g ft. ft.ft -35/
Setback
from Napa 90 feet 110 feet 22%
Way Blvd.
Height of
Parking Lot 25 feet 15 feet -40%
lighting
Preserve
located off Yes No NA
site
1
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Comprehensive Plan Amendments, Petition CP-97-04, Bruce Anderson and
Robert Duane representing Dr. Manuel Pena.
MS. LAYNE: Lee Layne, for the recrrd. Madan_ C :ai-* -1, we ma_
also want to oten the public hearing on R- 7-2 at the same time.
CHAIRPERSON BERRY: That's a companion _tai?
MS. LAYNE: They're companion petitions.
CHAIRPERSON BERRY: Right. We need, I believe, to swear everyone
in. So if we could have Madam Court Reporter do so.
(The speakers were sworn.)
COMMISSIONER HANCOCK: Madam Chair, if I may --
CHAIRPERSON BERRY: Is there anyone else?
COMMISSIONER HANCOCK: -- if there are people nct familiar with
this, members of the public may need some explanation on swearing in.
CHAIRPERSON BERRY: Okay.
COMMISSIONER HANCOCK: Just that, if you're here to speak on that
item, you need to be sworn in also. Was there anyone here to speak as
either a public speaker or presenter on that item that was not sworn?
CHAIRPERSON BERRY: For or against it.
COMMISSIONER HANCOCK: Okay. If you would please stand up.
CHAIRPERSON BERRY: Please stand and she will swear you in, if
you haven't been sworn in. You just did? Okay. But if you haven't,
then, please, we've cot one more that needs to be sworn in.
(The speaker was sworn.;
CHAIRPERSON BERRY: Thank you.
nUs Miss Layne? -
MS. LAYNE: Good morning, commissioners. This is a small scale
:)( 1 plan amendment to amend the Future Land Use Map by adding 2.3 acres of
property located at the southeast corner of Napa Way and Pine Ridge
Road, into the Pine Ridge interchange activity center and to limit the
uses to medical office only. The petitioner's request is to amend the
plan so that a re-zoning request to C-1/T for a medical office can be
applied for. This will also remove the property from the Golden Gate
master plan and place it into the Future Land Use activity centers.
The property to the north is designated as interchange activity
center as well as the property to the west. The property to the east
and south are designated E - . 1" .-• us-
petitioner is justifying the proposed inclusion into the
V activity center to provide for trens'tional uses_between higher_,
'intensity commercial uses an lower intensity res deIitjal,.__
' ere are approxtely seven existing single family homes along
Pine Ridge Road east of the property and four existing homes on the
/ south side of 10th Avenue Southwest, behind the subject property.
The inclusion of this property into the activity center would
cause further intrusion of commercial property into the residential
area, which presently has a natural break and transition between the
existing Astron Plaza PUD and the subject property with Nana Way.
If you remember, when we did the evaluation and appraisal report
for the amendment to the comprehensive plan, there was no indication
that additional commercial was needed in this area. However, there is
some possibility that as commercial development commences in this
-area, coupled with the development of the Cleveland Clinic, Naples,
pressure for land use changes will continue. It is not uncommon for
residential uses to coexist with transitional uses such as medical.
Some communities have this mixture of uses, such as the City of Naples
and the City of Inverness, which uses an R/P,
residenLial/professional, in their land developmenL code. DisLricLs
such as this allow residential uses to coexist with medical facilities
Or?,
b ..„
‘t
(,_=7) ,
used C-1/T as a reduction in transition. We've deemed C-1/T
compatible with residential uses and this would be, really mirror what
we've done in other places. Not looking to really argue about it,
n
C )
that's just my personal feeling, is it kind of makes sense to put
C-1/T next to high intensity commercial, because putting a residence
right next to it, even if there is a street in between, I'd find that
incompatible.
MS. LAYNE: Well, that's why we tried to mention in the staff
report with that uniqueness in that there are some areas and that the
C-1/T, such as the City of Naples uses in Inverness, that this is a
possibility, that it could be a transition between those two places.
So there was a mix of -- sort of a mix of recommendation there, but we
tried to show you the possibility that this could happen, but, based
on the requirements that we have in the comp. plan now, that we were
recommending denial.
COMMISSIONER HANCOCK: Understood. Thank you.
CHAIRPERSON BERRY: Mr. Constantine?
COMMISSIONER CONSTANTINE: Yes. As I look at -- across the road
you've got, obviously, a major marketplace and Cleveland Clinic.
You've got a four-lane -- six-lane at that point, because you've got
turn lanes, but a four-lane roadway there. You've got access -- I
mean, it's an activity center. You've got access to the interstate. I
mean, it's a very, very busy place. You've got the small PUD across
the road. I think realistically, while I disagree that just because a
. piece of property hasn't sold as residential that it's not marketable,
I') I do agree that it would be tough to sell, considering its location, A.
�J and that it's probably an appropriate use.
''''N ` The two concerns I have, and I know they have been expressed, are
the traffic impacts on the neighboring street, on 10th, of allowing
, Qii something in there. And also, you mentioned in your presentation --
and I know I've heard it several times -- concern about creep of
commercial up that road, and then the folks who live there want some
assurance that that's not going to turn into several commercial
properties, and all the impacts that has. And if those two points can
be addressed, if we can't -- if we can make sure we're not going to
have a big traffic impact, and we can somehow assure that this won't
creep up the road, I'm more comfortable with it. If we can't assure
those things, then despite the fact it makes logical sense with the
four-lane road and a PUD across the other road, I'm not sure I can go
there.
So, I need some assurance of how we can address those two issues.
MS. LAYNE: I don't know if staff can assure you at this point
because the next person has the right, once it becomes part of the
activity center, then they can make the same request. And then we're
basically looking at the same situation with transition, well, we'll
Atransition another C-1/T type which is next to another single family.
r-� COMMISSIONER HANCOCK: That defies logic, because C-1/T is the `
fit) transitional zoning. When it was created it was supposed to be the
last stand.
\ COMMISSIONER CONSTANTINE: Thus the word transition.
�
COMMISSIONER HANCOCK: Yes. And so I understand you're saying,
that it can happen, but it's an illogical step to transition a
transitional use.
MS. LAYNE: Right. But I'm saying, they can come in and request
it and the board or someone's going to have to take the stand that
/"'N this next one we're going to say no, we're not going to amend the
comp. plan to allow that.
''": 4444:
4
._0 2000 CI'COMMISSIONER CONSTANTINE: Let me ask you this. I mean, does
someone have the right to come in and ask for an industrial use there,
to ask?
MS. LAYNE: Not for an industrial use.
COMMISSIONER CONSTANTINE: They couldn't ask?
COMMISSIONER MAC'KIE: Well, a comp. plan amendment they could
ask.
COMMISSIONER CONSTANTINE: Yes. I mean, my point is somebody
could come ask --
COMMISSIONER MAC'KIE: Anything.
COMMISSIONER CONSTANTINE: -- anything they want but that doesn't
mean it's a logical happening that they will get that.
MS. LAYNE: Correct. l,,
(+� COMMISSIONER HANCOCK: I didn't think that you could leap frog
C-1/T uses. There are places in the land development code that say
that you simply cannot perpetuate C-1/T time after time after time.
COMMISSIONER MAC'KIE: Oh, that's true.
COMMISSIONER HANCOCK: I remember that in there.
Mr. Arnold, is that correct?
MR. ARNOLD: Sort of. For the record, Wayne Arnold, Planning
Services Director.
COMMISSIONER MAC'KIE: Sort of.
MR. ARNOLD: We're in the transition of adopting new
comprehensive plan amendments which do change the nature of your C-1
district. But, in essence, I think what we're really talking about,
any future change is going to require a comp. plan amendment to make
the next lot part of the activity center, as this requires. So I
don't think there's a precedent established here, if that's part of
the question. And again, it's going to have to come back to a public
hearing process to make any future lots to the east.
And just as a point, I think there are many things we could do if
we're inclined to support a comprehensive plan change here to look at
part of the zoning action that follows, and then some of the site plan
relationships to restrict access to right turn -- or left turn and
right turn out only so that traffic cannot proceed east on 10th
Avenue. And then it can only -- I think we're going to be looking at
t a signalized intersection here at Napa Way. i
{i') `fi COMMISSIONER HANCOCK: I agree with you, Commissioner eh
qI� �A Constantine. You know, we can't legally bind future boards, but, if
this were to be approved today, it would -- I would only support it if
it's stated on the record that this is indeed a transitional use to a
residential use on the east side. And that being on the record makes
it very, very difficult for someone to come in later and transition
the transitional use. It defies the logic. So, I'm comfortable with
that.
CHAIRPERSON BERRY: Commissioner Norris?
ei COMMISSIONER NORRIS: Miss Layne, was this activity center
originally laid out as a square activity center and then later
re-configured to its current day shape?
MS. LAYNE: No, Commissioner. This is one of the few activity
centers that was site specific.
COMMISSIONER NORRIS: Okay. So this particular piece of property
has never been in the activity center?
MS. LAYNE: No, sir.
COMMISSIONER NORRIS: Okay. Thank you.
CHAIRPERSON BERRY: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: No questions yet. Thank you.
3
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What o ' should do..,
TRAFFIC IMPACT STUDY(TIS)
The purpose of the traffic impact study(TIS) is to quantify the potential traffic impacts, Ol`� .
t-! evaluate compliance with the transportation concurrent requirements consistent with f .,
p p Y q
VI" the comprehensive plan, and identify site-related operational deficiencies that impact
the health,safety and welfare of the traveling public.The TIS also analyzes access points,
median openings and intersections significantly impacted by the development on the
ii transportation system and identifies mitigation strategies to offset the impacts.
Prior to conducting any study, practitioners are required to prepare a methodology ;
statement according to the Collier County TIS Guidelines and submit it for review and
Vil
approval by County Transportation Planning Staff. The purpose of the methodology
statement is to establish agreed upon methodologies and assumptions prior to the start of the study. A methodology
meeting to review the statement is generally required. In such cases,a methodology meeting fee is required.
-• . TIS Guidelines are available online at the Collier County Government Transportation Planning webpage found at
www.colliergc.v.net.
l
Please contact the Transportation Planning Department at(239)252-8192 to set up a methodology meeting.
• PROJECT CONNECTION POINTS
A focal point of your site design should be the connection point(s)for the site. A connection is the driveway, street,
• turnout,or other means of providing for the right of physical access to or from a public or private roadway. Whether
your project is new development with new connection points or redevelopment,it is important to consider how the
• = site connects to the public network with proper sight distances,pedestrian crossings,driveway throat length,lighting,
t and alternative interconnection opportunities. Depending on the roadway classification, number of lanes and traffic
volumes, the site connection may require turn lanes. All new connection points and median modifications require
: a Collier County Right-of-Way permit and are subject the requirements of to Collier County Access Management
Resolution 13-257,as amended.
Access Management
Access management is a set of techniques that state and local governments can use to control access to highways,
major arterials,and other roadways.Access management includes several techniques that are designed to increase
the capacity of these roads, manage congestion,and reduce crashes. The general separation requirements are
' provided in the table below.These minimum spacing standards may not be adequate if auxiliary lanes and storage
is required Single properties with frontages exceeding the minimum spacing criteria may not necessarily receive
Rpermits for the maximum number of possible connections.
A. Collier County Access Management Standards(Resolution 13-257)
.tea
VI', Minimum
imum Minimum
Minimum median
Access Connection Signal
Facility features opening directional Full(feet)(2)
Class ( Spacing Spacing
` ' I F (feet)(2)
(Feet)(21(3) (mile)(2)
e` 2 Controlled Access 1320/600 1320 2640 0.5
3 Arterials and Collectors,divided 660/330 660 1320 0.5
4 Arterials and Collectors, undivided 660/330 N/A N/A 0.5
5 ' Arterials and Collectors, divided 330/220 440 320/660(1) 0.5/.25
6 Arterials and Collectors, undivided 330/220 N/A N/A 0.25
7 Arterials anc Collectors, divided and undivided 125 330 440 0.25
Notes:(1 i 7 45mph/<45mph
(2 i These minimum spacing standards may not be adequate if auxiliary lanes and storage is required.
(3i Single properties with frontages exceeding the minimum spacing criteria may not necessarily receive permits for the maximum number of
possible connections.
Local roads are typically classified as Access Class 7, however,there may be cases of local roads with a higher
access classification.
Page 3 . ,
ol, it
s
What ou should know...
ROADWAY CLASSIFICATIONS
Collier County's roadway network is comprised of State, County, City
and privately maintained roadways. Roadways are generally classified ipurilionnim
as Arterial,Collector,or Local.
During your initial planning phase, it is important to identify the
jurisdiction governing the site's surrounding roadways because this :� ,
affects the permitting process and requirements. Also identify the 4
adjacent roadway classifications because this determines location and
spacing of access points,types of turning movements and relationship
of your site to the surrounding network.
Arterial road: A roadway that serves primarily through traffic and
secondarily provides access to abutting properties. ,
Collector road: A roadway providing access and traffic circulation
service to a residential, commercial, or industrial area and secondarily
'Illii-;:'
provides for local through traffic m i
Local road or street:A route providing service which is of relatively `
,. low traffic volume,serving short trip length,or minimal through-traffic F -- f" ,j '
A movements,and a high degree of access for abutting properties. Local --= _ "``
roads may be privately owned or governed by Collier County jurisdiction. "'-- !
If your project involves construction of a new or expanded public collector / }
or arterial road,refer to the Collier County DEVELOPER SPONSORED ROAD �`'' li
PROJECT PERMITTING PROCESS HANDBOOK for additional guidance. _ is I
.n. ROADWAY CONCURRENCY
Collier County's Concurrency Management System is intended to -- -
ensure that there is adequate roadway capacity available to serve j 4 .n MOM,
current and future development. Transportation Concurrency is
a measure of the capacity of the roadway system to support the , r—J
l
N,
adopted level of service for vehicular traffic. Collier County evaluates
concurrency at time of application for site development plan, r t`_ .-.""�`
N
site development plan amendment, site improvement plan, and i r ',
subdivision plat and plan application. `IL----- --
y i
Generally, concurrency is evaluated for each link significantly $. ' 1
impacted by a proposed application. Collier County has two 1 .___, _,.;. r
Transportation Concurrency Management Areas (TCMAs) where
growth-related impacts to transportation facilities are managed on F
an area-wide basis rather than on a link-by-link basis. fr
Proportionate share payments may be used to mitigate impacts of a
development on a deficient roadway link by more than a de minim is ,
amount within a TCMA. Refer to Land Development Code Section ;
6.02.03 for more information. Collier County has one Transportation "t -s
Concurrency Exception Area (TCEA),where development is exempt {t v
from transportation concurrency requirements so long as impacts
to the transportation system are mitigated using Transportation —1110`"0'0'
■.sSa4w+i rtEA
Demand Management strategies enumerated in the Land "09,001,MI6(
- rau+►
Development Code. Planned U10
t
Page 2
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4 Churches and S
Naples project
St Monica's Episcopal Immokalee Rd Summit Church
Land:6.09 Acres -Year 1st construction: 1994 Estero complex Ben Hill Griffin Rd (Lee County)
2 Bldgs 11,004& 4248 Sq Ft living area 10 acres Year 1st construction: 2007
Sq ft per acre: 1,807 1 bldg. 22,238 sq ft
Sq Ft per Acre: 2,224
St Katherine's Greek Orthodox "Proposed" Napa Woods Way Church
Airport rd 4 acres Year 1st Construction: 2016
5.16 Acres Year 1st Construction: 1993 1 bldg. 19,000 sq ftj30,000 sq ft
2 Bldgs 10,972&7910 Sq Ft
Sq Ft per acre: 4,750/7,500
Sq Ft per acre: 2,126
Covenant Presbyterian Church US 41 N
15.82 Acres Year 1st Construction: 1965
7 Bldgs: 31,831 largest 1440 smallest
Sq ft per acre: 2,012
**Using the single largest building on each property
II* 117.0,
CU'S/PU'S and
COMMERCIAL
IN GOLDEN GATE ESTATES
MAP
EXISTING CONDITIONAL USES POTENTIAL CU SITES S TE ACRES
Church/Child Care 24 Tr, 53 & 54, U9 A 9.60
Fraternal Organization 6 Tr. 1 N150', U12 B 2.27
Fire Station 4 Tr, 72, 125 & S180'Tr.127, U23 C 13.00
Institun'I/Rehab. Centers 4 N380'Tr. 1, all Tr. 2, &S105'Tr. 3, U14 D 5.00
School/Childcare 5 N150'Tr. 114, U1 &Tr. 105, U2 E 6.27
Governmental Uses 7 Tr. 143& S165' 144, U28 F 7.50
Model Homes 8 W1/2 65 &Tr. 159, U43 G 6.25
Comm'l Uses *less PUD Comm'l 4 Tr. 66, U30 H 5.15
Communication Towers 3 S165'Tr, 109, U26 I 2.27
Lake Excavation 1 Tr. 16, 18, U13 & S180'Tr. 126, U12,
Earth Mining 3 Tr. 3, 35, U14&Tr. 142, 143, U11 J 57.64
TOTAL 69 Tr. 106, W75'Tr. 107 & 108, U26 K 10.48
Tr. 94, 95, 98, 99, U81 -Tr. 2, 3, U77, &
Tr. 127, 129, U76 L 63.25
Tr. 15,17, & 115, U46 -Tr. 105, 127, &
Tr. 130, U47 M 33.05
Additoinal Existing Conditoinal Uses: Tr. 60 Less E30' of S275' less S15', N
PUDS 18 Tr. 61, 76, 77, 92, 93, & 108, U35; and
TOTAL 18 Tr. 10, Tr. 25 &26, U33 (Potential Acres "
GGAMP CRITERIA NOTATIONS in A/C 10) " 33.79
Essential Services Unlimited TOTAL 255.52
Golden Gate Parkway 5.15
Collier Boulevard 4.00
Neighborhood Centers **68.55 > **Existing/Combined Neighborhood Center acreage
Neighborhood Center Tran/CU 88.99 > Combined/Potential reflected in"I, J, K, L& M"above
Transitional Use 55.04 > Combined/Potential reflected in A through H above
A/C at Pine Ridge/I-75 33.79 > Combined/Potential reflected in "N" above
TOTAL 255.52
The actual sites eligible depend,in some Also,the size/legal description of the actual site may
cases,upon the development or zoning vary from that indicated depending on parcel splits or
approval on adjacent property. aggregation.
SOURCE: Collier County Comprehensive
Planning Department
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Where are Churches Allowed?
Permitted Conditional Use Not Allowed
Use
AGRICULTURAL DISTRICTS
A- Rural Agricultural District X
E- Estate District X
RESIDENTIAL DISTRICTS
RSF- Residential Single Family X
RMF- Residential Multi-Family X
RT- Residential Tourist X
VR-Village Residential X
MH - Mobile Home X
COMMERCIAL ZONING DISTRICTS
C-1-Commercial Professional &General Office X
C-2-Commercial Convenience District X
C-3-Commercial Intermediate District X
C-4-General Commercial District X
C-5- Heavy Commercial District X
TTRVC-Travel Trailer RV Campground X
INDUSTRIAL ZONING DISTRICTS
I - Industrial X
BP- Business Park X
CIVIC AND INSTITUTIONAL ZONING
P- Public Use District X
CF-Community Facility District X
Collier County, FL Land Development Code Page 1 of 11
2.03.01 -Agricultural Districts.
A. Rural Agricultural District(A). The purpose and intent of the rural agricultural district(A) is to
provide lands for agricultural, pastoral, and rural land uses by accommodating traditional
agricultural, agricultural related activities and facilities, support facilities related to agricultural
needs, and conservation uses. Uses that are generally considered compatible to agricultural uses
that would not endanger or damage the agricultural, environmental, potable water, or wildlife
resources of the County, are permissible as conditional uses in the A district. The A district
corresponds to and implements the Agricultural/Rural land use designation on the future land use
map of the Collier County GMP, and in some instances, may occur in the designated urban area.
The maximum density permissible in the rural agricultural district within the urban mixed use
district shall be guided, in part, by the density rating system contained in the future land use
element of the GMP. The maximum density permissible or permitted in A district shall not exceed
the density permissible under the density rating system. The maximum density permissible in
the A district within the agricultural/rural district of the future land use element of the Collier
County GMP shall be consistent with and not exceed the density permissible or permitted under
the agricultural/rural district of the future land use element.
1. The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the rural agricultural district (A).
a. Permitted uses.
1. Single-family dwelling.
2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and
nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg
production; milk production; livestock raising, and aquaculture for native species
subject to Florida Fish and Wildlife Conservation Commission permits.
i. The following permitted uses shall only be allowed on parcels 20 acres in size or
greater:
a) dairying;
b) ranching;
c) poultry and egg production;
d) milk production;
e) livestock raising; and
f) animal breeding, raising, training, stabling or kenneling.
ii. On parcels less than 20 acres in size, individual property owners are not
precluded from the keeping of the following for personal use and not in
association with a commercial agricultural activity provided there are no open
feed lots:
a) Fowl or poultry, not to exceed 25 in total number; and
b) Horses and livestock(except for hogs) not to exceed two such animals for
each acre.
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Collier County, FL Land Development Code Page 7 of 11
iv. milk production;
v. poultry and egg production; and
vi. ranching.
25. The commercial production, raising or breeding of exotic animals, other than animals
typically used for agricultural purposes or production, subject to the following
standards:
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter and/or feeding of such animals shall
be located a minimum of 100 feet from any lot line.
26. Essential services, as set forth in subsection 2.01.03 G.
27. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to section 5.04.04
28. Ancillary plants.
d. Prohibited uses.
1. Owning, maintaining or operating any facility or part thereof for the following
purposes is prohibited:
a) Fighting or baiting any animal by the owner of such facility or any other person or
entity.
b) Raising any animal or animals intended to be ultimately used or used for fighting
or baiting purposes.
c) For purposes of this subsection, the term baiting is defined as set forth in §
828.122(2)(a), F.S., as it may be amended from time to time.
B. Estate District(E).The purpose and intent of the estates district(E) is to provide lands for low
density residential development in a semi-rural to rural environment, with limited agricultural
activities. In addition to low density residential development with limited agricultural activities,
the E district is also designed to accommodate as conditional uses, development that provides
services for and is compatible with the low density residential, semi-rural and rural character of
the E district. The E district corresponds to and implements the estates land use designation on
the future land use map of the Collier County GMP, although, in limited instances, it may occur
outside of the estates land use designation. The maximum density permissible in the E district
shall be consistent with and not exceed the density permissible or permitted under the estates
district of the future land use element of the Collier County GMP as provided under the Golden
Gate Master Plan.
1. The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the estates district(E).
a. Permitted uses.
1. Single-family dwelling.
2. Family care facilities, subject to section 5.05.04
3. Essential services, as set forth in section 2.01.03
4. Schools, public, including "Educational plants."
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to uses permitted as of right in
about:blank 11/4/2015
Collier County, FL Land Development Code Page 14 of 45
Conditional uses. The following uses are permissible as conditional uses in the mobile
home district (MH), subject to the standards and procedures established in section
10.08.00
1. Child care centers and adult day care centers.
2. Churches.
3. Civic and cultural facilities.
4. Schools, private.
5. Recreational facilities intended to serve an existing and/or developing residential
community as represented by all of the properties/lots/parcels included in an
approved preliminary subdivision plat, PUD or site development plan. The use of
said recreational facilities shall be limited to the owners of property or occupants of
residential dwellings units and their guests within the area of approved preliminary
subdivision plat, or site development plan.
6. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to, section 5.04.04
d. Prohibited animals in residential districts. The following animals are to be considered farm
animals and are not permitted to be kept in residential districts except as provided for in
zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs,
and the like.
(Ord. No. 08-11,§3.E)
2.03.03 - Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of the
commercial professional and general office district C-1 is to allow a concentration of office type
buildings and land uses that are most compatible with, and located near, residential areas. Most
C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD,
will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning
district between residential areas and higher intensity commercial zoning districts. The types of
office uses permitted are those that do not have high traffic volumes throughout the day, which
extend into the evening hours. They will have morning and evening short-term peak conditions.
The market support for these office uses should be those with a localized basis of market support
as opposed to office functions requiring inter-jurisdictional and regional market support. Because
office functions have significant employment characteristics, which are compounded when
aggregations occur, certain personal service uses shall be permitted, to provide a convenience to
office-based employment. Such convenience commercial uses shall be made an integral part of an
office building as opposed to the singular use of a building. Housing may also be a component of
this district as provided for through conditional use approval.
1. The following uses, as identified with a number from the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section are permissible by right, or as
accessory or conditional uses within the C-1 commercial professional and general office
district.
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
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Collier County, FL Land Development Code Page 15 of 45
3. Advertising agencies (7311).
4. Architectural services (8712).
5. Auditing(8721).
6. Automobile parking lots (7521) only.
7. Barber shops (7241, except for barber schools).
8. Beauty shops (7231, except for beauty schools).
9. Bookkeeping services (8721).
10. Business consulting services (8748).
11. Business credit institutions (6153-6159).
12. Child day care services (8351).
13. Computer programming, data processing and other services (7371 - 7376, 7379).
14. Credit reporting services (7323).
15. Debt counseling(7299, no other miscellaneous services)
16. Direct mail advertising services(7331).
17. Educational plants.
18. Engineering services (8711).
19. Essential services, subject to section 2.01.03
20. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04
21. Health services, offices and clinics (8011-8049).
22. Insurance carriers, agents and brokers (6311-6399, 6411).
23. Landscape architects, consulting and planning(0781).
24. Legal services(8111).
25. Loan brokers (6163).
26. Management services (8741 &8742).
27. Mortgage bankers and loan correspondents (6162).
28. Personal credit institutions (6141).
29. Photographic studios, portrait(7221).
30. Physical fitness facilities (7991, permitted only when physically integrated and
operated in conjunction with another permitted use in this district- no stand-alone
facilities shall be permitted).
31. Public relations services(8743).
32. Radio,television and publishers advertising representatives (7313).
33. Real Estate (6531-6552).
34. Secretarial and court reporting services(7338).
35. Security and commodity brokers, dealer, exchanges and services (6211-6289).
36. Shoe repair shops and shoeshine parlors(7251).
37. Social services, individual and family(8322 activity centers, elderly or handicapped
about:blank 11/4/2015
Collier County, FL Land Development Code Page 16 of 45
only; day care centers, adult and handicapped only).
38. Surveying services (8713).
39. Tax return preparation services (7291).
40. Travel agencies (4724, no other transportation services).
41. Any other commercial use or professional services which is comparable in nature
with the foregoing uses including those that exclusively serve the administrative as
opposed to the operational functions of a business and are associated purely with
activities conducted in an office.
b. Accessory uses.
1. Uses and structures that are accessory and incidental to the uses permitted as of
right in the C-1 district.
2. Caretaker's residence, subject to section 5.03.05
c. Conditional uses. The following uses are permissible as conditional uses in the(C-1)
commercial professional and general office district, subject to the standards and
procedures established in section 10.08.00
1. Ancillary plants.
2. Automobile parking, automobile parking garages and parking structures (7521 —
shall not be construed to permit the activity of"tow-in parking lots").
3. Banks, credit unions and trusts (6011-6099).
4. Churches.
5. Civic, social and fraternal associations (8641).
6. Eating places primarily intended to serve employees and customers of the permitted
use (5812, excluding Automats (eating places); caterers; commissary restaurants;
contract feeding; dinner theaters; drive-in restaurants; industrial feeding; restaurants;
carry-out; theaters; dinner).The request may be permitted subject to the following
criteria:
a. The use is physically integrated and operated in conjunction with another
permitted use in the C-1 district(no stand-alone facilities shall be permitted).
b. There is no exterior signage.
c. There is no direct exterior access.
d. Parking for the permitted use is consistent with LDC section 4.05.04
e. In addition to the Planning Commission's Findings, its recommendation shall
include, but not be limited to, the following considerations for the conditional use
request:
i. Seating capacity.
ii. Gross floor area of the request in relation to the principal structure.
7. Educational services (8211-8222).
8. Funeral services (7261, except crematories).
9. Home health care services(8082).
10. Homeless shelters.
11. Libraries(8231, except regional libraries).
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Collier County, FL Land Development Code Page 17 of 45
12. Mixed residential and commercial uses subject to design criteria contained in section
4.02.38 except where superseded by the following criteria:
i. A site development plan is approved pursuant to section 10.02.03 that is
designed to protect the character of the residential uses and of the neighboring
[ands;
ii. The commercial uses in the development may be limited in hours of operation,
size of delivery trucks, and type of equipment;
iii. The residential uses are designed so that they are compatible with the
commercial uses;
iv. Residential dwellings units are located above principal uses;
v. Residential and commercial uses do not occupy the same floor of a building;
vi. The number of residential dwellings units shall be controlled by the dimensional
standards of the underlying district,together with the specific requirement that
in no instance shall the residential uses exceed fifty(50%) percent of the gross
floor area of the building;
vii. Building height may not exceed two (2) stories;
viii. Each residential dwelling unit shall contain the following minimum floor areas:
Efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet;
three-bedroom, 900 square feet;
ix. A minimum of 30 percent of the mixed use development shall be maintained as
open space. The following may be used to satisfy the open space requirements;
areas used to satisfy water management requirements, landscaped areas,
recreation areas, or setback areas not covered with impervious surface or used
for parking(parking lot islands may not be used unless existing native
vegetation is maintained);
x. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such measures as,
but not limited to, minimizing noise associated with commercial uses; directing
commercial lighting away from residential units; and separating pedestrian and
vehicular access ways and parking areas from residential units,to the greatest
extent possible.
13. Religious organizations (8661).
14. Soup kitchens.
15. Veterinary services (0742, excluding outdoor kenneling).
16. Any other commercial or professional use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the board of zoning appeals pursuant to
section 10.08.00
B. Commercial Convenience District(C-2). The purpose and intent of the commercial convenience
district(C-2) is to provide lands where commercial establishments may be located to provide the
small-scale shopping and personal needs of the surrounding residential land uses within
convenient travel distance except to the extent that office uses carried forward from the C-1
district will expand the traditional neighborhood size. However,the intent of this district is that
about:blank 11/4/2015
Collier County, FL Land Development Code Page 1 of 3
10.08.00 - CONDITIONAL USE PROCEDURES
A. General. A conditional use is a use that would not be appropriate generally or without restriction
throughout a particular zoning district or classification, but which, if controlled as to number, area,
location, or relation to the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be
permissible in a zoning district as a conditional use if specific provision for such conditional use
is made in the LDC. All petitions for conditional uses shall be considered first by the Planning
Commission in the manner herein set out. Decisions regarding conditional uses shall be
quasijudicial in nature.
B. Applicability. Conditional use approval is required before the construction or establishment of a
conditional use.
C. Application. The Administrative Code shall establish the submittal requirements for a conditional
use application.
1. Conditional use application processing time. An application for a conditional use will be
considered "open," when the determination of"sufficiency" has been made and the
application is assigned a petition processing number. An application for a conditional use will
be considered "closed" when the applicant withdraws the subject application through written
notice or ceases to supply necessary information to continue processing or otherwise actively
pursue the conditional use, for a period of 6 months. An application deemed "closed" will not
receive further processing and shall be withdrawn and an application "closed" through
inactivity shall be deemed withdrawn. The Planning and Zoning Department will notify the
applicant of closure by certified mail, return receipt requested; however, failure to notify by
the County shall not eliminate the "closed" status of a petition. An application deemed
"closed" may be re-opened by submitting a new application, repayment of all application fees
and granting of a determination of"sufficiency." Further review of the request will be subject
to the then current LDC.
D. Findings. The Planning Commission shall make a recommendation of approval, approval with
conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning
Commission's recommendation of approval or approval with conditions shall find that the granting
of the conditional use will not adversely affect the public and any specific requirements
pertaining to the conditional use have been met by the petitioner. Further, that satisfactory
provision and arrangement has been made for the following matters, where applicable:
1. Consistency with the LDC and Growth Management Plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
E. Planning Commission actions.
1.
about:blank 10/22/2015
Golden Gate Area Master Plan
2. The parcel located immediately south of the Commercial Western Estates
Infill Subdistrict, on the west side of Collier Boulevard, and at the southwest
quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard,
shall be eligible for a transitional conditional use designation.
(VI) c) Neighborhood Center Transitional Conditional Use Provisions:
Conditional uses shall be allowed immediately adjacent to designated Neighborhood
Centers subject to the following criteria:
1. Properties eligible for conditional uses shall abut the arterial or collector road
serving the Neighborhood Center,
2. Such uses shall be limited to transitional conditional uses that are compatible
with both residential and commercial such as churches, social or fraternal
organizations, childcare centers, schools, and group care facilities,
3. All conditional uses shall make provisions for shared parking arrangements
with adjoining developments whenever possible,
4. Conditional uses abutting Estates zoned property shall provide, at a
minimum, a 75-foot buffer of native vegetation in which no parking or water
management uses are permitted,
5. Conditional uses adjoining the commercial uses within Neighborhood Centers
shall, whenever possible, share parking areas, access and curb cuts with the
adjoining commercial use, in order to facilitate traffic movement.
(VI) d) Transitional Conditional Uses:
Conditional uses may be granted in Transitional Areas. A Transitional Area is defined
as an area located between existing non-residential and residential areas. The
purpose of this provision is to allow conditional uses in areas that are adjacent to
existing non-residential uses and are therefore generally not appropriate for
residential use. The conditional use will act as a buffer between non-residential and
residential areas.
The following criteria shall apply for Transitional Conditional Use requests:
• Site shall be directly adjacent to a non-residential use (zoned or developed);
• Site shall be 2.25 acres, or more, in size or be at least 150 feet in width and shall
not exceed 5 acres;
• Conditional uses shall be located on the allowable acreage adjacent to the
non-residential use;
• Site shall not be adjacent to a church or other place of worship, school, social or
fraternal organization, child care center, convalescent home, hospice, rest home,
home for the aged, adult foster home, children's home, rehabilitation centers; and
• Site shall not be adjacent to parks or open space and recreational uses;
• Site shall not be adjacent to permitted Essential Service, as identified in Section
2.6.9 of the Land Development Code, except for libraries and museums; and
• Project shall provide adequate buffering from adjacent properties allowing
residential uses.
(VI)=Plan Amendment by Ordinance No.2003-44 on September 10,2003
28
This request is consistent with the Growth Management Plan(GMP) and, with the conditions
proposed by Staff, this project will be in compliance with the applicable provisions of the
LDC.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of lire or catastrophe.
Access to the subject property is limited to Pine Ridge Road only. No access to Napa Woods
Way is permitted. Staff acknowledges that the Pine Ridge Road access does not meet
spacing criteria; however, other proposed access points were constrained. The TIS submitted
by the Applicant indicates that the proposed church will not affect the Level of Service of
Pine Ridge Road below acceptable levels, The minimum parking requirements for a church
contained in LDC Section 4.05.04, Table 17, Parking Space Requirements, are 3 parking
spaces for each 7 seats in the chapel or assembly area.
There is an existing sidewalk along Pine Ridge Road. The Applicant proposes a pedestrian
connection from that sidewalk, as well as reconstructing the sidewalk during construction of
the deceleration lane.
A fire station is approximately one mile west of the site on Pine Ridge Road.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
During services, some neighboring properties may experience increased noise and glare from
entering and exiting vehicles. Odor is not an effect that is usually associated with churches.
Economic effects are subjective. This site meets the criteria for a transitional conditional use
(see page 4). A church is an institutional use, providing a transition between the medical
office and the home to the east.
4. Compatibility with adjacent properties and other property in the district.
The subject site meets the criteria for a transitional conditional use. The church, if approved,
may provide a transition between the medical office to the west, and the residence to the east.
Please see page 4 for a more complete analysis.
The Applicant has submitted two Master Plans, one with the Preserve on-site, the other with the
Preserve off-site. Since the native vegetation required to be preserved is less than one acre (0.35
acre), this is an option.
Staff analyzed both Master Plans and recommends that if the preserve remains on-site, the
Applicant may construct the wall in the south landscape buffer or may apply for a Deviation for
the wall (LDC Section 5,03.02.11.4). Staff believes that a Deviation for a wall is a valid option,
because the Preserve is proposed to be approximately 45 feet in width. In addition, there is
approximately 55 L feet of unpaved ROW that is vegetated. (This segment of Napa Woods Way
ROW is 100 feet in width. The travel lanes are approximately 20 feet in width.) Transportation
Planning Staff notes that the widening of Napa Woods Way is not on the 5-Year or Long Range
Transportation Plans.
CU-PL20140000543 Summit Church Conditional Use Page 8 of 11
September 17,2015
September 17,2015
actually promoted compatibility.
I understand fear of the unknown. We all do.But there's no evidence,there's no record that's been
created that says a church destroys neighbors,particularly a church that has access on a six-lane arterial
roadway,doesn't put a single trip on a residential street and,if planned appropriately,will be all but invisible
from someone walking their dog along Napa Woods Way.
The church went forward with this project as churches are wanting to do. They have faith. They
have faith on decisions based in the facts. I hold that same faith,and I believe that if there are matters that
can be undertaken to further address compatibility,my client stands ready,willing,and able to address those
issues today or at any time in the future.
And I thank you for the time to provide additional comments.
CHAIRMAN STRALN: Tim,some comments to your comments. When you said that you're not
changing the Comp Plan in response to the statement made in 1998 that there would be no Comp Plan
changes that would be more or less affecting this,yes,there was. I was chairman of the committee in 2000 to
2001 that put the changes through that you—you made the comment about in 2004. And we did change the
Comp Plan,so the Comp Plan did change in relationship to that statement made in 1998.
Also,the transitional—the commercial--the C-1/T was established,and I'll read the ordinance,
92-73. The C-1/T commercial/professional transitional district is intended to apply to those areas that are
transitional located between areas of higher and lower intensity development that are no longer appropriate
for residential development.
The uses in this district are intended as an alternative to retail and meet the intent of the C-1/I'
commercial professional transitional district. It certainly seems to indicate that the transition to residential is
intended to be this particular property.
And I understand your argument about the Golden Gate Master Plan,and I saw where
comprehensive staff weighed in on that. I would—I'm trying to be tactful. I would suggest that they don't
have as much information about the intention of that plan as I do. And Fm not certain that what they've come
up with is an accurate interpretation of what we intended in those days that that was put together. But that's
all I needed to say on that matter. I just wanted to make that statement,so...
Other than that,thank you,Tim. Ml see if we have any other comments from the Planning
Commission.
(No response.)
CHAIRMAN STRAIN: Okay. With that,we'll close the public hearing,and we'll entertain a
motion.
COMMISSIONER EBERT: Excuse me. I do have one question.
Is there more property on Pine Ridge between there and Napa Woods Lane for sale that you know of,
or is it just all homes all the way down from there on?
MR.HANCOCK: It's a mix of homes and vacant lots,but this is the only property that would
qualify for transitional conditional use. The balance of the properties,because there's no other commercial on
Pine Ridge Road,would allow the adjacent property to even request a conditional use. This is the only one.
COMMISSIONER EBERT: Okay. Thank you.
CHAIRMAN STRAIN: Okay. With that,we will go into more discussion. Thank you,Tim.
Does anybody on this board have any discussions,any comments,or does someone know where
they'd like to go with this?
(No response.)
CHAIRMAN STRAIN: Well,if you all are going to be quiet,then I'11—I normally strive for
compromise and,Tim,I met with you,and I have great respect for the church that you represent or that
was--that you're here for today. And yesterday I told you if we could find a compromise,I had a lot of ideas
to provide to you,depending on how the neighborhood reacted to it. I haven't heard a positive reaction today
from the neighborhood.
Fm an Estates resident myself and,as I told you yesterday and days past,I would have welcomed a
church near to my home because they seem to be,at the time,great neighbors. But churches,like gas
stations,have changed in what they do and how they affect parties.
Page 29 of 49
September 17,2015
We know that gas stations have gotten to be much,much larger and much more active,and so have
churches, and that's not bad for churches. They do--I mean,their services to the community are
phenomenal,but they may not work in all neighborhoods.
And I have to respect the people that have spoke today in concern for the neighborhood because I
live in a neighborhood,and rd be just as concerned without adequate protection from some of the churches
that could go in there.
I don't know how to get yours to a point where it's more acceptable to that neighborhood. I offered to
you yesterday that if you needed more time to try to do that,I'd more than welcome that.The best solution to
anything is a compromise that works for all parties. Rarely does this board turn something down without
stipulating a compromise.
But I don't know how to get there today,Tim.I'm just not there. I've heard a lot—1 know that our
country is wrought with politicians who say things,and nothing turns out the way they say it. And maybe it's
time we started acknowledging and sticking by commitments made by political parties at a certain time and
date,which is what happened in 1998.
If the neighborhood was convinced that this could be a compatible asset to the neighborhood,it
might be easier to understand. But at this point,I'm still concerned about it,as I was yesterday and as we
talked.
And I know you went to great lengths to provide a lot of compatibility standards to increase the
compatibility need for this church,but the mere fact that the church is more intense than the property next
door confuses the issue of transitional,and I just can't get there with what we've got on the record today. So
that's where I'm coming from.
Stan?
COMMISSIONER CHRZANOWSKI: Yeah,that's my only comment. The site appears to be more
intense than--every time a church comes in here,no offense to the people in Golden Gate,but the people in
Golden Gate show up and say we don't want a church in our neighborhood. I don't understand that. Luke
Tim said,they're very quiet,nice neighbors.
CHAIRMAN STRAIN: Well,they used to be.
COMMISSIONER CHRZANOWSKI But--well,they used to be. And I can't think of one that
isn't.
CHAIRMAN STRAIN: The—
COMMISSIONER CHRZANOWSKI: Okay.
CHAIRMAN STRAIN: I've got two of them that have--I've gotten complaints about that I'm just
shocked at what I've learned, so...
COMMISSIONER CHRZANOWSKI: But the site does look very intense compared to the Pea site
next door just,you know,based off your plan. So I'm kind of leaning with Mark right now.
MR,HANCOCK: Commissioner,if I may?
CHAIRMAN STRAIN: Sure.
MR.,HANCOCK: And,obviously,a denial here today,we could move forward to the Board and
take our chances. That's not our preference.
I don't know that reaching out to the folks in the community is going to bear any fruit. I don't know
how to deal with"we just simply don't want you." We can put up bigger buffers. We can do more
landscaping. We can change access. We can reduce the number of seats. We can reduce the footprint. All
of those things are possibilities,but you need someone on the other side who is at least willing to sit down
and discuss those possibilities with you.
And our attempts to reach out and ask for that open communication,we just don't have anybody who
wants to talk to us. And so,you know,obviously,getting a denial here today is not our desire. I haven't
heard anyone who wants to discuss anything with us.
CHAIRMAN STRAIN: You know,Tim,you did say something about the petition,and you made
the comment that--the signatures on the petition was received prior to the new plan,and you haven't
received any signatures—or you haven't—you don't know of any signatures on the petition that are after the
new plan. And I don't know how many people here today realize the plan that was discussed today,because
Page 30 of 49
September 17,2015
landscape you're going to have in the parking lot? Because when I look at the Pe*a site next to you,I see a
lot of trees in the parking lot. But your site,you know,it looks bad because you don't see that.It doesn't look
vegetated. But I know when you're done,you're going to have all this vegetation,and it might just soften the
look of it,
MR.HANCOCK: With all due deference to my good engineering friends,they don't draw the
prettiest plans. So,yes,sir,we certainly can have something more graphically accurate than the line drawing
in your packet.
CHAIRMAN STRAIN: And I think a discussion with the neighborhood on what programs you are
proposing for this location. I can tell you,many of the other churches that have come to us had not needed
seven-days week hours of operation such as you're proposing. You might want to look at that a little closer.
That's about all I can--
COMMISSIONER CIIRZANOWSKI: Even God took a day of.
COMMISSIONER ROMAN: Yeah,I have one thing,Mr.Chairman.
CHAIRMAN STRAIN: Go ahead,Charlette.
COMMISSIONER ROMAN: And also,Tim,I would favor a project that showed a preserve much
like we discussed with the understory plants,and if you could come back and bring a diagram of how you
plan to approach that so that the residents could also understand what they're getting.
MR.HANCOCK: We'll be happy to do so.
CHAIRMAN STRAIN: Okay. So you've requested a continuance. Do you have a date specific that
you want to continue to? Remember you'd have to have something prepared to staff and distributed,so that's
not going to happen too quickly.
MR.HANCOCK: Something in the area of four weeks would give us at least two weeks to work on
these types of issues with the residents that are willing to sit down with us,and then we can have something
to staff in time. Does that work from--
CHAIRMAN STRAIN: That's October 22nd?
MR REISCHL: October 15th.
CHAIRMAN STRAIN: Fifteenth,I'm sorry.Twenty-second is my other meeting.
MR.HANCOCK: When would we have to have things to you in order for that date to occur?
MR,REISCHL: November 5th would work better for our review.
CHAIRMAN STRAIN: I was going to suggest,we have a difficult meeting already scheduled for
October 15th. We already know how difficult that meeting's going to be. So I would suggest maybe,Tim,
could you attempt--would November work for you?
MR..HANCOCK: Yes,sir.
CHAIRMAN STRAIN: Okay. Is there any problems with the County Attorney's Office,
November?
MS.ASHTON-CICKO: I'm trying to count weeks.
COMMISSIONER EBERT: They might have to readvertise.
CHAIRMAN STRAIN: I don't know;yeah.
MS.ASHTON-CICKO: You said November?
CHAIRMAN STRAIN: What's the date,November 5th?
MR.REISCHL: November 5th.
CHAIRMAN STRAIN: November 5th.
MS.ASHTON-CICKO: fm counting that as seven weeks,so it's too long.
CHAIRMAN STRAIN: You need the mike,Heidi.
MS.ASHTON-CICKO: That's too long, It's seven weeks.
CHAIRMAN STRAIN: Well,if we schedule it for the 15th and then potentially continue it,or is
that still too long?
MS.ASHTON-CICKO: Yeah. If they're not ready by the 15th,then you can continue it again.
CHAIRMAN STRAIN: Well,why don't we schedule it for the 15th with the intention of continuing
it to the November meeting. That way it keeps the advertising in place,and we can let everybody know now
that we're looking at the November 5th date.Monitor the October 15th meeting. And if anybody wants to
Page 32 of 49
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ReischlFred
From: Linda Deldin <hightech31 @gmail.com>
Sent: Thursday, October 29, 2015 12:19 PM
To: ReischlFred
Subject: RE: Summit CHurch location
October 29, 2015
To Whom It May Concern,
I am writing this letter in regards to the new Summit Church proposed in our neighborhood. We are a
residential neighborhood
of hard working people with families living on Napa Woods Way. We are against building this church in our
neighborhood for many
reasons. We have expressed our wishes on many occasions to many people including the heads of the Summit
Church who
have not taken our thoughts very seriously apparently. They continue with their plans of a church without the
least care of people that previously, many years prior purchased their home on this street as a residential home
for their family. Our concerns for safety, (you can say you will not have alcohol counseling along with other
types of counseling but as you know this is a purpose of a good church)traffic, expansion, creeping, along with
many other concerns.
I am still concerned that at the first meeting with all the questions asked we later found out that the pastor along
with a few other church people were present but never even made themselves known. It came out at the end of
the meeting from an unnamed source.
They were hiding there identity/position the entire time. This along with a few other things I have learned have
given me great concern.
I am hoping to attend the next meeting and hope that The Summit Church will reconsider its location.
Thank you,
Linda Deldin
Linda Deldin
High Tech Sweeping,Inc.
5791 Napa Woods Way
Naples, FL 34116
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ReischlFred
From: Jackie Thomas <firetrixiel @aol.com>
Sent: Thursday, October 29, 2015 1:55 PM
To: ReischlFred
Subject: summit church re-zoning napa woods way
>To Whom It May Concern:
> My name is Jackie Thomas and I reside at 5941 Napa Woods Way. I purchased this home only a year ago and I
specifically bought here to be in a residential neighborhood. A quiet street with lovely homes.
> I absolutely do NOT want this street re-zoned. The neighborhood is a residential area and we do not want anymore
non residential buildings on this street. The traffic, noise and increased population would surely decrease our property
values as would it decrease our quality of life. Every time a building other than a home enters the area,we become
negatively affected. We already have a church at the end of the street and a doctors office that creates terrible traffic
from cars/parking and noise. Enough. We want to keep our neighborhood healthy and strong. We want our property
values to be stable. Anyone living on this kind of street would feel this way.
> I am not opposed to churches in any way. But NOT is a residential area.
>Thank you for your consideration.
>Jackie and Larry Thomas
>2165443093
1
ReischlFred
From: Jason Andis<j.andis @aol.com>
Sent: Friday, October 30, 2015 9:28 AM
To: ReischlFred
Subject: Petition#cu-p120140000543
Hello,
I would like to state my opposition to Petition#cu-p120140000543. Please keep this portion of land residential.
Our neighborhood would like to be zone creep-free. Anything beyond this will lesser the quality of life in our
neighborhood and take away the current appeal for a family like ours with two very young kids.
Contact me for any further questions.
Jason Andis, MDY
5930 Napa Woods Way
Naples, FL 34116
Tel 239.438.8218
1
ReischlFred
From: Keith Monk <kmrockrep @aol.com>
Sent: Wednesday, November 04, 2015 2:59 PM
To: ReischlFred
Subject: Summit Church Conditional Use
Hello Mr. Reischl,
My name is Keith Monk and I am a 28 year resident of Napa Woods Way and I am opposed to the re-zoning of the land
on this street to accommodate the Summit church project. My reasons are as follows:
1. Undersized Lot: What is proposed by Summit on this property is scarcely adequate for the churches current size
and most certainly will not be suitable as they grow.This will result in unsightly and dangerous parking
encroachment on the surrounding properties.
2. Safety: Regardless of how the traffic flow is designed, people will still use Napa Woods Way as a short cut to
avoid making "U TURNS" and using the traffic lights on Pine Ridge road.We have no sidewalk on our street and
already have speed bumps to limit the speed of non-resident traffic.Another high use entity would further
reduce street safety.
3. Evening Traffic:Summit church has a lot of special programs, many of which occur in the evenings. We do not
want more NON residential evening traffic on our street.
4. Transitional Buffer: I was at the county commissioners meeting when planning permission was granted for the
Pena property, (the property next to the proposed Summit church)we,the residence were told at that time by
the commissioners that the Pena property was to be "THE transition buffer" on our street. Approval was granted
in part because its single story design looks like a residence and would blend in with a home that might be built
next to it in the future.
I hope you will give the concerns of the residence of our street your full consideration when ruling on this matter.
Sincerely,
Keith Monk.
1
ReischlFred
From: Shirley Ruder<sruder99 @gmail.com>
Sent: Thursday, October 29, 2015 2:20 PM
To: ReischlFred
Subject: Opposition to petition#cu-p120140000543
Hello Mr Reischl:
This email is to express my opposition to petition#cu-p120140000543. The property on Napa Woods Way
should NOT be rezoned and should remain residential. I attended meetings when Dr. Pena's property was
rezoned. We were told that no more property on Napa Woods Way would be rezoned and
made transitional. This attempt to rezone is not acceptable and is "zone creeping".
Please keep the property zoned residential. Thank you for your consideration.
Shirley Ruder
6000 Napa Woods Way
1
ReischlFred
From: JP Rhodes <jprcanes @embargmail.com>
Sent: Monday, November 02, 2015 5:07 PM
To: ReischlFred
Subject: Summit Church
Dear Mr. Reischl, I have lived on Napa Woods Way for 21 years. I love the
natural surroundings, all the wildlife, and the peace and quiet of my
neighborhood. My hope is that my wife and I can continue to enjoy our
golden years in these same surroundings. I do not see how our
neighborhood can benefit from the construction of a non-residential
structure? Many years ago we were told that by allowing a non-
residential structure on the corner of Napa Blvd. and Pine Ridge Rd., we
would not have to worry about anymore non-residential structures east
of that corner. Yet, here we are at this again, defending our
neighborhood against a 19,000 sq. ft. structure. How can a structure of
that size not be high density when the structure to the west is 12,000 sq,
ft.? If Summit Church truly wants to be a friendly neighbor, and increase
the quality of life in our area let them build two beautiful homes on that
property and then everybody will be happy. They also have the option of
selling that property. There are individuals that will buy that property in a
minute and build two beautiful homes there. I sincerely hope the
planning board will see the impact that clearing all that land will have on
our neighborhood, and the wildlife. Again, this is nothing personal against
Summit Church. I am apposed to any non-residential structure of any size
on that property.
Sincerely,
Jorge Rhodes & Marjorie Terry
5660 Napa Woods Way
ReischlFred
From: A C <yllwghini @hotmail.com>
Sent: Tuesday, November 03, 2015 12:28 PM
To: HomiakKaren; ReischlFred; BellowsRay; StrainMark
Cc: Huling, Marc
Subject: Documents to be included in 11/05/15 hearing 2014-0000543
Attachments: PETITION.pdf; BCC Minutes 01_13_1998 R.pdf
The enclosed attachments contain a signed petition by the Residents and concerned citizens of Collier
County. We opposed the proposed development of a lot, known as Golden Gate Estates Unit 33 TR42 OR
1910 PG 2241; address 6081 Napa Woods Way.
We the residents want to stop zone creep and leap frogging and preserve our low density, rural estates. We
have the right to privacy, and tranquil environments especially when the decision to build our homes was
based on our reliance of our county regulations.
We urge our elected government officials to honor their contract with us, the residents. The Zoning
Regulations and Ordinances are created to protect property values and the rights of residents in our county.
Thanks,
Addie
1
A PETITION TO COLLIER COUNTY
PLANNING COMMISSION & BOARD Of COMMISSIONERS
ISSIONERS
BY CONCERNED COLLIER COUNTY RESIDENTS
TO KEEP OUR ZONE RESIDENTIAL BY PROTECTING THE ZONE ORDINANCE
We, the undersigned, are residents and supporters of Keeping Our Commu-
nity Residential, by putting a Stop to Zone Creep and or Leap Frogging. We op-
pose the Proposed Project; Referred as Collier County Application Petition #CU
-P L20140000543.The Summit Church.
This Developer wants to Re-zone a property known as Residential Estates,
under the Existing Collier County Zoning Ordinances. The Property's Legal de-
scription is: Golden Gate Estates Unit 33 TR42 OR 1910 PG 2241.
We Stand United, on our Opposition to this Proposed Project, This Project is
Intrusive and Out Of Character with the Existing Neighborhood. It further Com-
promises the area's safety by the programs offered as well as traffic on a very
busy hub, at the intersection of Napa Blvd Extension and Pine Ridge Rd, and
will substantially impact the safety of Local Residents.
Thank You For Your Support:
Very Concerned Collier County Residents.
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encompass Lee County and Collier County, the whole county. The Army
Corps. is the one who is going to be the final arbiter, just exactly
what the scope is. They're looking for political support. And, as far
as I can see, by you participating, you're going to lower yourself to
the level of a wildlife federation or level of an Audubon Society
because they're going to look at you as a member of that coalition who
is establishing this scope.
Frankly, I don't appreciate any government having the kind of a
scope Colonel Rice's white papers indicate. I don't want anybody to
talk to me about how to raise my children or my grandchildren or -- we
talked about the holistic education. And Miss Mac'Kie has embraced
that. I do not. I'm not sure any of you would.
COMMISSIONER MAC'KIE: Except for me, because I already have.
MR. AGOSTON: Right. Well, I'm sure you went on the board for
sustainable Florida, ma'am, and that's -- as far as I could see, they
very clearly state exactly their position both on education, on child
rearing and on continual education from cradle to grave, and those, to
me, at least in my language, definitely means something.
COMMISSIONER MAC'KIE: They haven't started studying those issues
yet, but they're about to start studying some more human issues in
their attempt, in our attempt to balance the needs of the natural
systems with the needs of the human systems. If you looked more into
the governor's position, you'd be pleased.
CHAIRPERSON BERRY: Excuse me. I think we need to get back.
Ty, please finish your comments regarding the Army Corps. of
Engineers.
MR. AGOSTON: I would like to simply caution and plead with you
not to participate, because they tell you pretty much up front that
they are the decision makers, you're not. So it's only the question
of the role you play. And, as far as I could see, the role you play
is legitimizing Mr. Stahling and his little -- well, hell, he's on
almost every environmental group in the county. And these people are
looking to extend that study's scope to the entire area of Collier
County as well as Lee County, which we have nothing to do with. Thanks
very much.
CHAIRPERSON BERRY: Thank you.
MR. FERNANDEZ: Madam Chairman, we received another comment that
was handed to me after Public Comment began. Would you like to accept
it, or no?
CHAIRPERSON BERRY: We had asked that anyone who wanted to speak
in regard to Public Comment, that they should register prior to that
item that was being heard. We've been here all morning, and they have
an agenda available. They know what is coming. At this point in
time, I don't think that we should accept that.
MR. FERNANDEZ: Thank you.
Item #12A1
ORDINANCE 98-2, REGARDING PETITION CP-97-04, BRUCE ANDERSON AND ROBERT
DUANE REPRESENTING DRS. MANUEL AND REGINA PENA REQUESTING TO AMEND THE
FUTURE LAND USE MAP BY INCLUDING THE PROPERTY LOCATED AT THE SE CORNER
OF NAPA WAY AND PINE RIDGE ROAD INTO PINE RIDGE ROAD INTERCHANGE
ACTIVITY CENTER SUBJECT TO LIMITING THE PARCEL TO MEDICAL USE ONLY -
ADOPTED
CHAIRPERSON BERRY: Okay. We'll move on now to the afternoon
portion, actually, Advertised Public Hearings, and the first one,
Comprehensive Plan Amendments, Petition CP-97-04, Bruce Anderson and
Robert Duane representing Dr. Manuel Pena.
MS. LAYNE: Lee Layne, for the record. Madam Chairman, we may
also want to open the public hearing on R-97-2 at the same time.
CHAIRPERSON BERRY: That's a companion item?
MS. LAYNE: They're companion petitions.
CHAIRPERSON BERRY: Right. We need, I believe, to swear everyone
in. So if we could have Madam Court Reporter do so.
(The speakers were sworn. )
COMMISSIONER HANCOCK: Madam Chair, if I may --
CHAIRPERSON BERRY: Is there anyone else?
COMMISSIONER HANCOCK: -- if there are people not familiar with
this, members of the public may need some explanation on swearing in.
CHAIRPERSON BERRY: Okay.
COMMISSIONER HANCOCK: Just that, if you're here to speak on that
item, you need to be sworn in also. Was there anyone here to speak as
either a public speaker or presenter on that item that was not sworn?
CHAIRPERSON BERRY: For or against it.
COMMISSIONER HANCOCK: Okay. If you would please stand up.
CHAIRPERSON BERRY: Please stand and she will swear you in, if
you haven't been sworn in. You just did? Okay. But if you haven't,
then, please, we've got one more that needs to be sworn in.
(The speaker was sworn. )
CHAIRPERSON BERRY: Thank you.
Miss Layne?
MS. LAYNE: Good morning, commissioners. This is a small scale
plan amendment to amend the Future Land Use Map by adding 2.3 acres of
property located at the southeast corner of Napa Way and Pine Ridge
Road, into the Pine Ridge interchange activity center and to limit the
uses to medical office only. The petitioner's request is to amend the
plan so that a re-zoning request to C-1/T for a medical office can be
applied for. This will also remove the property from the Golden Gate
master plan and place it into the Future Land Use activity centers.
The property to the north is designated as interchange activity
center as well as the property to the west. The property to the east
and south are designated E estates, mixed use district.
The petitioner is justifying the proposed inclusion into the
activity center to provide for transitional uses between higher
intensity commercial uses and lower intensity residential.
There are approximately seven existing single family homes along
Pine Ridge Road east of the property and four existing homes on the
south side of 10th Avenue Southwest, behind the subject property.
The inclusion of this property into the activity center would
cause further intrusion of commercial property into the residential
area, which presently has a natural break and transition between the
existing Astron Plaza PUD and the subject property with Napa Way.
If you remember, when we did the evaluation and appraisal report
for the amendment to the comprehensive plan, there was no indication
that additional commercial was needed in this area. However, there is
some possibility that as commercial development commences in this
area, coupled with the development of the Cleveland Clinic, Naples,
pressure for land use changes will continue. It is not uncommon for
residential uses to coexist with transitional uses such as medical.
Some communities have this mixture of uses, such as the City of Naples
and the City of Inverness, which uses an R/P,
residential/professional, in their land development code. Districts
such as this allow residential uses to coexist with medical facilities
and similar professional offices.
Based on the commercial analysis, there is no additional need for
commercial investment. Napa Way provides a natural break between the
existing southeastern boundary of the activity center. And the
applicant claims that real estate data shows this property has been
marketed for residential use with no successful sales, therefore it is
not suitable for residential use.
The Planning Commission heard this petition on November 20th and
recommended 5 to 2 that Petition CP-97-04 be recommended to the board
for approval due to the uniqueness of this corner lot being located
across commercial.
Messrs. Nelson and Pedone were the dissenting votes, stating they
agreed with staff's recommendation of denial and the possibility of
the commercial being carried further down the street. The
recommendation is that the Planning Commission approve the
comprehensive plan amendment.
CHAIRPERSON BERRY: Okay.
Mr. Hancock.
COMMISSIONER HANCOCK: Miss Layne, you said there's a natural
break between Astron and this property. Could you define that break
for me?
MS. LAYNE: This is the location of the property. This is Astron
Plaza PUD. Right across from the Vineyards you have the Crossroads
Market. In this location is Napa Way, which runs from Pine Ridge Road
south to 10th Avenue, and then it connects with Napa Boulevard going
into the Vineyards, and then the subject property is just to the east
of that. So the natural break that we're speaking of is Napa Way
there.
COMMISSIONER HANCOCK: The sixty-foot right of way?
MS. LAYNE: It's a hundred-foot right of way.
COMMISSIONER HANCOCK: Hundred-foot right of way.
MS. LAYNE: Yes.
COMMISSIONER HANCOCK: I guess my question on the compatibility
standpoint is, in other areas where we have commercial activity,
whether it be retail or office or whatnot, we have found it at times
compatible to go and address the street into a lesser intensive C-1
transitional type zoning. I don't find this request inconsistent with
that that was done up by Veterans Community Park not too long ago
where we did medical office next to another higher intensity
commercial use site. So I guess I'm not sure I would classify a
roadway as a natural break, but, in purely transitional uses, when you
talk about intense retail commercial, which is Astron Plaza, would you
agree that a C-1/T use on this property is in fact a drop in intensity
and a natural transition to residential use?
MS. LAYNE: It's a drop in intensity from the commercial, but
it's increasing the intensity of the residential use that is already
there. We did that transition, if you remember, when we had Naples
Gateway, and we recommended those three lots be transitioned down from
C-1/T, or commercial uses, down to Livingston Road between that
residential house.
COMMISSIONER HANCOCK: That's my point. There's no C-1/T
transition here. It goes from retail/commercial across the street to
residential; is that correct?
MS. LAYNE: Correct.
COMMISSIONER HANCOCK: Okay. That's where I find an
inconsistency personally with an element of the staff report in that I
don't think a roadway is a natural break, per se. We have elsewhere
used C-1/T as a reduction in transition. We've deemed C-1/T
compatible with residential uses and this would be, really mirror what
we've done in other places. Not looking to really argue about it,
that's just my personal feeling, is it kind of makes sense to put
C-1/T next to high intensity commercial, because putting a residence
right next to it, even if there is a street in between, I'd find that
incompatible.
MS. LAYNE: Well, that's why we tried to mention in the staff
report with that uniqueness in that there are some areas and that the
C-1/T, such as the City of Naples uses in Inverness, that this is a
possibility, that it could be a transition between those two places.
So there was a mix of -- sort of a mix of recommendation there, but we
tried to show you the possibility that this could happen, but, based
on the requirements that we have in the comp. plan now, that we were
recommending denial.
COMMISSIONER HANCOCK: Understood. Thank you.
CHAIRPERSON BERRY: Mr. Constantine?
COMMISSIONER CONSTANTINE: Yes. As I look at -- across the road
you've got, obviously, a major marketplace and Cleveland Clinic.
You've got a four-lane -- six-lane at that point, because you've got
turn lanes, but a four-lane roadway there. You've got access -- I
mean, it's an activity center. You've got access to the interstate. I
mean, it's a very, very busy place. You've got the small PUD across
the road. I think realistically, while I disagree that just because a
piece of property hasn't sold as residential that it's not marketable,
I do agree that it would be tough to sell, considering its location,
and that it's probably an appropriate use.
The two concerns I have, and I know they have been expressed, are
the traffic impacts on the neighboring street, on 10th, of allowing
something in there. And also, you mentioned in your presentation --
and I know I've heard it several times -- concern about creep of
commercial up that road, and then the folks who live there want some
assurance that that's not going to turn into several commercial
properties, and all the impacts that has. And if those two points can
be addressed, if we can't -- if we can make sure we're not going to
have a big traffic impact, and we can somehow assure that this won't
creep up the road, I'm more comfortable with it. If we can't assure
those things, then despite the fact it makes logical sense with the
four-lane road and a PUD across the other road, I'm not sure I can go
there.
So, I need some assurance of how we can address those two issues.
MS. LAYNE: I don't know if staff can assure you at this point
because the next person has the right, once it becomes part of the
activity center, then they can make the same request. And then we're
basically looking at the same situation with transition, well, we'll
transition another C-1/T type which is next to another single family.
COMMISSIONER HANCOCK: That defies logic, because C-1/T is the
transitional zoning. When it was created it was supposed to be the
last stand.
COMMISSIONER CONSTANTINE: Thus the word transition.
COMMISSIONER HANCOCK: Yes. And so I understand you're saying,
that it can happen, but it's an illogical step to transition a
transitional use.
MS. LAYNE: Right. But I'm saying, they can come in and request
it and the board or someone's going to have to take the stand that
this next one we're going to say no, we're not going to amend the
comp. plan to allow that.
COMMISSIONER CONSTANTINE: Let me ask you this. I mean, does
someone have the right to come in and ask for an industrial use there,
to ask?
MS. LAYNE: Not for an industrial use.
COMMISSIONER CONSTANTINE: They couldn't ask?
COMMISSIONER MAC'KIE: Well, a comp. plan amendment they could
ask.
COMMISSIONER CONSTANTINE: Yea. I mean, my point is somebody
could come ask --
COMMISSIONER MAC'KIE: Anything.
COMMISSIONER CONSTANTINE: -- anything they want but that doesn't
mean it's a logical happening that they will get that.
MS. LAYNE: Correct.
COMMISSIONER HANCOCK: I didn't think that you could leap frog
C-1/T uses. There are places in the land development code that say
that you simply cannot perpetuate C-1/T time after time after time.
COMMISSIONER MAC'KIE: Oh, that's true.
COMMISSIONER HANCOCK: I remember that in there.
Mr. Arnold, is that correct?
MR. ARNOLD: Sort of. For the record, Wayne Arnold, Planning
Services Director.
COMMISSIONER MAC'KIE: Sort of.
MR. ARNOLD: We're in the transition of adopting new
comprehensive plan amendments which do change the nature of your C-1
district. But, in essence, I think what we're really talking about,
any future change is going to require a comp. plan amendment to make
the next lot part of the activity center, as this requires. So I
don't think there's a precedent established here, if that's part of
the question. And again, it's going to have to come back to a public
hearing process to make any future lots to the east.
And just as a point, I think there are many things we could do if
we're inclined to support a comprehensive plan change here to look at
part of the zoning action that follows, and then some of the site plan
relationships to restrict access to right turn -- or left turn and
right turn out only so that traffic cannot proceed east on 10th
Avenue. And then it can only -- I think we're going to be looking at
a signalized intersection here at Napa Way.
COMMISSIONER HANCOCK: I agree with you, Commissioner
Constantine. You know, we can't legally bind future boards, but, if
this were to be approved today, it would -- I would only support it if
its stated on the record that this is indeed a transitional use to a
residential use on the east side, And that being on the record makes
it very, very difficult for someone to come in later and transition
the transitional use. It defies the logic. So, I'm comfortable with
that.
CHAIRPERSON BERRY: Commissioner Norris?
COMMISSIONER NORRIS: Miss Layne, was this activity center
originally laid out as a square activity center and then later
re-configured to its current day shape?
MS. LAYNE: No, Commissioner. This is one of the few activity
centers that was site specific.
COMMISSIONER NORRIS: Okay. So this particular piece of property
has never been in the activity center?
MS. LAYNE: No, sir.
COMMISSIONER NORRIS: Okay. Thank you,
CHAIRPERSON BERRY: Commissioner MacsKie?
COMMISSIONER MAC'KIE: No questions yet. Thank you.
n .-
traffic impact statement or the traffic report that the majority of
the users of Dr. Pena's clinic or office will be coming on -- off of
Pine Ridge and back to Pine Ridge, not going to be coming from the
area or the community that would be using 10th Avenue Southwest. So
the actual impact of his land use change to 10th Street Southwest is
going to be minimal. That's not to say there isn't a problem we need
to address but I think there's a more appropriate forum to do that as
opposed to this re-zone, and we need to be more concerned with that as
Astron Plaza kicks in.
The traffic calming techniques I mentioned, I would encourage you
as a neighborhood to pursue them, but the statement that you don't add
commercial next to commercial zoning and call it buffering or
transitional, my background is in planning, and that's just simply not
true. If you have intense commercial use and you have a road in
between, that road does not block sound. It does not visually buffer
anything. For the people who live in the neighborhood, for them not
to see or hear things, something's got to be in between, and a roadway
doesn't cut it. Having a building, albeit one story, with improved
landscaping, over what exists and whatnot, provides both a visual and
sound buffer from that intersection. So it does lessen the impacts,
both noise and visual, to the adjacent properties. That is
transitional zoning, and it's used very commonly.
And so, on those items, understanding an outstanding traffic
issue that we really can't address fully today, I'm confident that
this is a good project that makes sense, that will stop the proposed
creep of commercial by creating the last transitional use from Astron
Plaza to the estates residential mixed use area.
For that reason I'm going to move that we approve --
COMMISSIONER CONSTANTINE: Second -- sorry.
CHAIRPERSON BERRY: I need to close the public hearing.
COMMISSIONER HANCOCK: I'm going to move that we approve Petition
CP-97-04, which is the amendment to the future land use map.
COMMISSIONER NORRIS: I'll second.
CHAIRPERSON BERRY: We have a motion and a second.
All those in favor --
COMMISSIONER CONSTANTINE: Let me just make a quick comment, and
that is, I understand the concerns. I met with the residents there,
and I think your points are valid. I think the two concerns that are
very clear and very specific and very well-founded are the traffic
impacts, but I think, using Mr. Herrera's statistics, if one-third of
those are traveling on 10th, that's still only about ninety or a
hundred cars a day, and it was not a -- this project, which is how we
have to base our decision, isn't as bad as the overall impact. And I
agree with you, there is an overall concern there. I think separate
from this motion we might want to look at having our staff work with
the residents and looking at whether there is a preference to close
that off. I understand there's some people who don't want to, there's
a number of people who do want to, and we can look at that. But I
think that needs to be severed from this hearing.
But I've -- I have to agree that, as long as -- and I think you
enunciated it very well -- we have a very realistic way of making sure
this doesn't creep down the way, then it is a logical use. The
unfortunate reality is nobody -- it's unlikely that anyone is going to
build a residential home out on a property looking at that. And I
understand the concerns. I think there's a way to address the traffic
concerns, and I think we are addressing the creep concern.
CHAIRPERSON BERRY: Mr. Norris, any other comments?
4/ s
' JAN 1998 MCI
RECEIVED (1... ORDINANCE NO 98- 3 , -
of Board
AN ORDINANCE AMENDING ORDINANCE NUMBER
,
�r''Btziol,s0I'�, 91-102, THE COLLIER COUNTY LAND DEVELOPMENT
• CODE WHICH ESTABLISHED THE COMPREHENSIVE r
z
ZONING REGULATIONS FOR THE UNINCORPORATED Ir.,.,
AREA OF COLLIER COUNTY, FLORIDA, BY ^` s T t,
AMENDING THE OFFICIAL ZONING ATLAS MAP i r-
NUMBER GGE25 BY CHANGING THE ZONING -4 a" rn
CLASSIFICATION OF THE HEREIN DESCRIBED ° ``'
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF r„
.,,. NAPA BOULEVARD AND PINE RIDGE ROAD (C.R. uv
896) , CONSISTING OF THE EAST 4 OF TRACT 41, m CD
• UNIT 33, GOLDEN GATE ESTATES, IN SECTION •
17, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, FROM "E" ESTATES
TO C-1/T FOR A MEDICAL CLINIC; PROVIDING
FOR STAFF AND PLANNING COMMISSION
, . STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Bruce Anderson of Young, vanAssenderp and
. Varnadoe, and Robert Duane of Hole, Montes & Associates, .
representing Doctor Manual Pena, 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:
• SECTION ONE: `
•
The zoning classification of the real property as more
• particularly described by Exhibit "A", attached hereto and
i •
incorporated by reference herein, and located in Section 17, •.
Township 49 South, Range 26 East, Collier County, Florida, is
changed from "E" Estates to C-1/T and the Official Zoning Atlas
Map Number GGE25, as described in Ordinance 91-102, the Collier
County Land Development Code is hereby amended accordingly. The
herein described real property is the same for which the rezone
•
is hereby approved subject to the following conditions:
a. The conceptual site plan shows two access points from
Napa Boulevard. Access may be constrained •
to a single point of entry and exit or to one-way in
and one-way out, depending on the final site layout.
In any event, an access point shall be located no
closer to Pine Ridge Road than the minimum distance
specified in Resolution 92-422, the Collier County .t
Access Management Policy.
•
•
� '. :`• b. The County reserves the right of access control onto
Pine Ridge Road. Nothing in any development permit
issued by the County shall operate to vest any right
to a median opening in this project, nor shall the
County be liable for any claim of damages due to the
presence or absence of any median opening at any
point along any road frontage of this project or on
Pine Ridge Road.
c. Substantial competent evidence shall be provided by
the developer to the effect that the project is
designed to provide capacity and treatment for
historical roadway runoff. In addition, site
• drainage shall not be permitted to discharge directly
into any roadway drainage system.
d. The County may require additional right-of-way for
the six-laning of Pine Ridge Road. The County
reserves the right to acquire right-of-way for the
• Pine Ridge Road project at a fixed cost of land and
improvements without severance damages at the time
needed. The basis of cost for any such acquisition
shall be at the present market value based on the
present zoning or on the applicant's cost to acquire
the land, whichever is less.
1 ; e. An appropriate portion of the native vegetation shall
be retained on site as required in Section 3. 9.5,5.4
CCLDC, as amended.
f. An exotic vegetation removal, monitoring, and
! maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental
Review Staff for review and approval prior to final
t . t
site development plan approval.
g. Building heights shall be limited to one story, not
to exceed 25 feet in height.
h. The maximum amount of building floor area on-site
shall not exceed 12,000 square feet.
i. Permitted principal uses shall be limited to Health
Services of the Standard Industrial Classification
Manual (1987 edition) , groups (8011-8049) .
j. Hours of operation shall be limited to weekdays from
8:00 A.M. to 6:00 P.M. and Saturday from 8:00 A.M.
to 2:00 P.M.
•
k. The proposed buildings and site plan shall comply
• with the criteria set forth in Division 2.8
(Architectural and Site Design Standards) of the
Collier County Land Development Code,
• 1. The Petitioner shall provide a 6 foot tall opaque
architecturally designed masonary wall and/or a 6
•
foot tall opaque landscape buffer or Combination of
both along the eastern and southern property
boundaries.
p . •
•
I; ; m. The Petitioner shall provide arterial level street
lighting at each project entrance prior to the
issuance of a Certificate of Occupancy.
n. The Petitioner shall provide a five foot wide
sidewalk from 10th Ave. S.W. to Pine Ridge Road prior
to the issuance of a Certificate of Occupancy.
SECTION TWO
This Ordinance shall become effective when the •
comprehensive plan amendment upon which it is based becomes
legally effective pursuant to Subsection 163.3187 (3) (c) ,
Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County
•
Commissioners of Collier County, Florida, this /3 day of
1996.
BOARD OF COUNTY COMMISSIONERS
CCLLIER COUNTY, FLORIDA
•
BY:w• ,..ice �. �rs�-
- " • RMAN
ATTEST: •
DWIGHT E.''$ROCK, CLERK This ordinance flied with the
Secretary of tote's Officghe
day of%4 tua%. f-fft
,45; and =know'9dgem it R that
/ /Yee:we 247 fili reteEved is„ day•of
APPROVED AS TO FORM AND LEGAL SUFFICIENCY By e,.,,,.� •
R O M`Sh NT
•' ASSISTANT COUNTY ATTORNEY
•�' R-97-2 REZONE ORDINANCE/
•
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