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CCPC Agenda 10/06/2016 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA OCTOBER 6, 2016 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., OCTOBER 6,2016, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 9. ADVERTISED PUBLIC HEARINGS: A. PUDA-PL20160000787: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 04-74, the Orange Blossom Ranch Planned Unit Development (PUD), to allow for offsite removal of excess material associated with excavation permits and to amend the Master Plan to change the landscape buffers to current Land Development Code requirements; and providing an effective date. The subject property is located on the north and south sides of Oil Well Road (C.R. 858) approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South Range 28 East,Collier County,Florida consisting of 616+/-acres. [Coordinator: Eric L Johnson, AICP, CFM, Principal Planner] B. PUDZ-PL20150000342: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a commercial intermediate(C-3)zoning district, a general commercial (C-4) zoning district and a rural agricultural (A) zoning district to a commercial planned unit development(CPUD) zoning district to allow up to 69,500 square feet of gross floor area of commercial development including a facility with fuel pumps and retail uses on a 6.5±acre parcel to be known as Price Street CPUD, located at the southwest corner of U.S. 41 and Price Street in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Daniel Smith,AICP,Principal Planner] C. CPSP-2016-1: A Resolution relating to the Capital Improvement Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, providing for the annual update to the schedule of capital improvement projects, within the Capital Improvement Element of the Collier County Growth Management Plan based on the 2016 Annual Update And Inventory Report on public facilities (AUIR), and including updates to the 5-year schedule of capital projects contained within the Capital Improvement Element(for fiscal years 2017—2021) and the schedule of capital projects contained within the Capital Improvement Element for the future 5-year period(for fiscal years 2022 — 2026), and to sections relating to the Public School Facilities Capital Improvement Plan And Work Program, providing for severability, and providing for an effective date. [Coordinator: Corby Schmidt,Principal Planner] 10. NEW BUSINESS 11. OLD BUSINESS 12. PUBLIC COMMENT 13. ADJORN CCPC Agenda/Ray Bellows/jmp AGENDA ITEM 9A Co ier County „ rz:'.4wt: STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 6, 2016 SUBJECT: PUDA-PL20160000787 ORANGE BLOSSOM RANCH PUD PROPERTY OWNER/APPLICANT & AGENT: Owner/Applicant: Agent: RP Orange Blossom Owner, LLC Stephen Coleman 3953 Maple Avenue, Suite 300 Barraco and Associates, Inc. Dallas, TX 75219 2271 McGregor Boulevard, Suite 100 Fort Myers, FL 33901 There are numerous other property owners in this MPUD, but they are not co-applicants. REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance No.04-74,the Orange Blossom Ranch Planned Unit Development (MPUD), to allow for offsite removal of excess fill material associated with excavation permits and to amend the drawing labeled Exhibit "A" Conceptual Master Plan and Water Management Plan (hereafter referred to as "current Master Plan")to change the landscape buffers from a Type "B"Buffer to a Type"A"Buffer as depicted on the Conceptual Master Site Plan,which is Exhibit A of the MPUD Document (hereinafter referred to as "Conceptual Master Site Plan"). The Conceptual Master Site Plan is found in Attachment 1 —Proposed Ordinance. GEOGRAPHIC LOCATION: The subject property is located on the north and south sides of Oil Well Road (C.R. 858) approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South Range 28 East, Collier County, Florida consisting of 616± acres. (See location map on the following page) PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 1 of 15 September 23, 2016 IMMII= .®®®®®® ®®®® m®�� ni ®®® ®�0®®0®® a ®e ®®��®®®®®®®® ®®®®®®�®e 1 vQumIEE•-i f Luii6 in;.:. m ttt�W,,ouaIuuwD ��aaaaaaaar 7, li Win ooemmtdmmammaoq,o �.a a aaas :�eaaaa�� mmaamm�®s— i �Liaas .ca Ea� ca.4 tiaasasaa�asa�r ,. 11111111111111111 . 4 II d�a,.aa��:_aaa�.aarillI .,GvWg!!ovidgoIINII1 �' �, W o CO IIIIIU!1 " ID" N o illimill c iiiiiiiiill illimion =p a o giiIjF1L. g N o,®®a�tmt¢ea�ca a p I 111111111® °*Ilir: '"\�o �9�555505555 55555�)1.1tZ1ZiNti.'kt pc..,.,..Qea��+m" ,�I :4®g`°moi► 500°°�'�5ri5i °°��9®®PE5050®I/m®„;;;li5::::50�5 `�Pr�®G j11111111111111��11 , CO X �moam®a®gym°°°°°®01�110®e®®aa 100\:a. / CO O I1iiI `roma®a®Ial inn o .,,,a� ®e f�o9t17E5355d�'u4 10111,se. N— NO IQDI1,96 ett W 4 u e d d ®®®®® 0 ID55554aiit9t5iaOJaoalal®®®®® ®®�L ®®o ®® NII® II.IP % ®� CL in 6Z 71)U a6 W Y 0 E Z sr'-art . ado O ° U " Q Z V 4---, N 1 C N a J _ = w C o d N J 0 O ,,//--- N.."`" CO N C G . 7 O o J o CZ N N anis U ae eele4outwl uoslim ON Jcr c a> n Ce I m U C6 3 C7 cd ,--.--,. 9 p fp a. 0 C7 a)- onl8laipoa {/1 Nt d ,ap C o a>> • a) c � � p E Qo a> 1 rLiY ':'.5 m� = ci U O 0 PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting to amend this MPUD in order to allow for the offsite removal of excess fill material associated with development. The applicant will be excavating and hauling off fill material,and the volume of fill material would be greater than that which is normally allowed with typical site development. As such, the applicant is required to amend the MPUD Document and be approved for this excavation activity (as a principal allowable use). The petitioner is also requesting to revise landscape buffers. These text changes to the MPUD Document can be found in the proposed ordinance (see Attachment 1 —Proposed Ordinance). The parcels that would be excavated are as follows: Parcel IDs: 00209961801; 00209962004; 00210650004; 00210660201; and 00210660308. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the Orange Blossom Ranch MPUD boundaries: North: Canal(a.k.a."Bollt Canal"),then farther north is vacant land,zoned Orangetree MPUD East: North Golden Gate Canal, then farther east is vacant/partially developed residential land, zoned Estate (E) South: Palmetto Ridge High School as well as vacant land, zoned Orangetree MPUD West: Vacant/undeveloped land and Palmetto Ridge High School, zoned Orangetree MPUD PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 2 of 15 September 23,2016 AV 1' `dg±± E-NE1 ; ' — . _ , ,, , ,aryl lit ,.vett ' el"r; ORANGE ell''l', m f a BLOSSOM RANCH '.4. L •'... ,, , -e . , t+a9ri,,s : k + 37�t h VE,NEyAtay►,+ t r• ig5c� Yd. �' Hea0,0, Ayf ' h J..r;�, 4 .- / , Lc S.Mr ..# a . ._« - ,NCH -. ' r AllIn ci ORANGE "r�. ;s�+ ' + ±mron �`y F 9��135w±?IpVE t� ".'"�, � ��;,.. r, TREE � t � � m �M�,d ry �A � q'c f, . e + r . l 1 ,' az tv ii- M t : ns ORANGE ' i(t g r ORANt E 7 i a � i�E : / v i i1•.,AVE NE , TREE a� � t BLOSSOM 1 r ‘4, .7,-',.4. , �° tR@-' RANCH v'°vf v + i 1" ' � rna CT, L �„ s `... 4.« '2 ENAVEiNE41 i4 Miles Orange Blossom Ranch PUD 0 0.125 0.25 0.5 0.75 1 Aerial(County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural — Settlement Area District, as identified on the Future Land Use Map(FLUM) in the Golden Gate Area Master Plan(GGAMP)of the Growth Management Plan (GMP). By designation in the GMP and the GGAMP as Settlement Area, the GGAMP recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Earth mining is an allowable use in the Settlement Area District. Excavation and removal of materials would fall into the earth mining category. This amendment to the Orange Blossom Ranch MPUD requests the addition of only one new use, the offsite removal of excavation materials. This offsite removal of materials use is directly related to the excavation use that was previously approved. Since there are no proposed changes to access, internal roads, land use tracts, etc. from the original MPUD approval, staff has determined it is unnecessary to conduct a detailed analysis of Future Land Use Element(FLUE)Policies 7.1 —7.4 PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 3 of 15 September 23,2016 pertaining to access, interconnections, walkability, etc. This MPUD amendment may be deemed consistent with the GGAMP and FLUE of the GMP(see Attachment 4 - Comprehensive Planning Consistency Review). Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element(FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links(roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed PUD amendment on the subject property was reviewed based on the then applicable 2015 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed development will generate approximately twenty-two (22) PM peak hour truck trips [thirty-four (34) PM peak hour passenger car equivalent trips] and 210 Daily two (2)-way truck trips [315 Daily two (2)-way passenger car equivalent trips] with the proposed excavation hauling operation on the adjacent roadway links, as follows: PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 4 of 15 September 23,2016 Roadway Link 2015 AUIR Current Peak 2015 Remaining Existing LOS Hour Peak Capacity Direction Service Volume/Peak Direction Oil Well Road Immokalee Road B 2,000/East 1,294 (C.R. 858) to Orange Blossom Ranch (site) (4 lane undivided) Oil Well Road Orange Blossom B 2,000/East 1,294 (C.R. 858) Ranch (site)to Everglades Boulevard (4 lane undivided) Immokalee Road Oil Well Road to B 900/East 464 (C.R. 846) SR-29 (4 lane divided and 2 lane undivided) Immokalee Road Oil Well Road to C 3,300/East 1,227 (C.R. 846) Wilson Boulevard(6 lane divided) Collier Immokalee Road C 3,000/North 1,059 Boulevard (C.R. to Vanderbilt 951) C Beach Road (6 lane divided) Based on the 2015 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the five(5)-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element(CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element(CCME). GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 5 of 15 September 23, 2016 Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. ANALYSIS: Applications for amendments to,or rezoning to,the MPUD shall be in the form of a MPUD Master Plan of development along with a list of permitted and accessory uses and a development standards table. The MPUD application shall also include a list of developer commitments and any proposed deviations from the LDC. Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5,Planning Commission Recommendation(commonly referred to as the"PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the BCC,who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the MPUD Document to address environmental concerns. This project does not require review by the Environmental Advisory Council (EAC) since the project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. The subject property is partially developed and was previously cleared in its entirety for agricultural purposes. No native habitat occurs on site. Landscape Review: The drawing labeled Working Master Plan (see Attachment 2 — Working Master Plan) shows the landscape buffers along the periphery of the MPUD's east property line would be modified from a fifteen(15)-foot wide Type"B"Buffer to a fifteen(15)-foot wide Type "A"Buffer, except in the areas where already platted(i.e., Orange Blossom Ranch Phase 1A Plat Book 45,Pages 60 and 61 and Orange Blossom Ranch Phase 1B,Plat Book 45,Pages 70 and 71). In these areas,the landscape buffer is shown as a ten(10)-foot wide Type"A"Buffer to reflect the current design of the respective plat. The Working Master Plan shows the landscape buffer along the northern periphery of the MPUD would be changed from a ten (10)-foot wide Type "D" Buffer to a ten (10)-foot wide Type "A" Buffer. Finally, along the west and southern periphery of the portion of the MPUD south of Oil Well Road,the landscape buffer would be changed from a fifteen(15)-foot wide Type"B"Buffer to a fifteen (15)-foot wide Type "A"Buffer. The intent of the original fifteen (15)-foot wide Type "B" buffers was in anticipation of the development of multi-family uses within the MPUD. Since single-family and multi-family uses are both allowed within the MPUD, the applicant added Note 5 to the Conceptual Master Site to address this future possibility. Staff has no objections to any of the requested changes. PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 6 of 15 September 23, 2016 Transportation Review: Approved. Utilities Review: Not applicable. The Orange Tree Utility Company (OTUC) has jurisdiction of water and waste water facilities in the immediate area. It is their understanding the subject request is to clear undeveloped land for future residential home sites in the MPUD. The areas designated in the Working Master Plan confirms the proposed work is in areas where there are no existing water and sewer assets. Therefore, the OTUC has no objection to the proposed amendment. The current MPUD Document contains conditions and commitments that were previously approved by staff in connection with Ordinance 04-74. County staff has no issue with this MPUD amendment. Zoning Services Review: Section 2.11.A.11 of the MPUD Document would be changed to include excavation and offsite hauling as a permitted principal use (incidental to the development of the property with the uses approved in the MPUD). The applicant anticipates 1.3 million cubic yards of material would be removed from the MPUD. The proposed areas where excavation activities would occur is illustrated as cross-hatched areas on the Working Master Plan(see Attachment 3 — Application and Support Material). The drawing shows the excavation would occur only in the areas designated"R/G." Temporary access for construction is shown on the Working Master Plan as well as on the Conceptual Master Site Plan in the proposed ordinance. Pursuant to the Code of Laws, all excavation operations shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. The proposed ordinance indicates the excavation activities shall terminate upon the date the County grants preliminary acceptance of the subdivision improvements for the final phase of the residential development. Staff has no objections to the requested changes. This amendment also proposes to modify landscape buffers, as discussed and analyzed in the landscape review of this staff report and shown on the Conceptual Master Site Plan of the proposed ordinance. Staff has no objection to the proposed changes to the landscape buffers. When comparing the Conceptual Master Site Plan of the proposed ordinance to the current Master Plan of Ordinance 04-74 (see Attachment 3 —Application and Support Material), staff notes the configuration of many of the lakes and roadways internal to the MPUD have been modified. Staff understands this modification reflects the current development design, subsequent to the approval of Ordinance 04-74. Staff has no issue with these changes. With respect to the commercial area along Oil Well Road (labeled "CIO" on the current Master Plan), staff also notes the proposed Conceptual Master Site Plan lacks the fine detail that was shown on the current Master Plan. The detail of the current Master Plan is illustrated as follows: (See drawing on the following page) PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 7 of 15 September 23, 2016 elm gi r4,7- .4. oat .,., (.10„ I .., _ ., , 1 „ __. i!. *....„-tirw .rte.. . a -r ..,11.11-II 15 11 1-II LiCt:Ur 4"1" :t 11 �,, R/0 tri J i.:4 ' iifjiii�ii� R/o 1IRWIIIMFAganlr��me1VMtOMav„,„,„,.... R,a A portion of the current Master Plan from Ordinance 04-74 showing the detail for the area designated "C/O" Staff does not have an issue with the proposed Conceptual Master Site Plan's lack of detail for the designated "C/O" lands; however, because the applicant did not obtain consent from the property owner of designated"C/O" lands, a note has been added to the Conceptual Master Site Plan. The note is further illustrated as follows: NOTE K THIS IS NOT INTENDED TO CHANGE THE CF AREA DESIGNATED C/O IN THE PRIOR MASTER PLAN APPROVED IN 2004 IN EXISTING LAKE ORDINANCE 04-74. ±90 AC SITE SUMMARY — (R/G)RESIDENTIAL/GOLF ±474 ACRES (C/O)COMMERCIAL/OFFICE ±44 ACRES DRE (CF)COMMUNITY FACILITY ±98 ACRES BA` TOTAL ±616 ACRES A portion of the proposed Conceptual Master Site Plan containing the note that references Ordinance 04-74 PUDA-PL20160000787-Orange Blossom Ranch MPUD Page 8 of 15 September 23, 2016 PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage,sewer,water, and other utilities. The new use, which is still temporary in nature, is an activity associated with developing land in Collier County. Staff anticipates this activity would have little to no impact on sewer,water,or other utilities planned in the future. Drainage solutions would be evaluated in connection with excavation and construction permits. The OTUC notes there are no existing facilities in the designated area of requested work; therefore, they have no objection. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the original application, which are still applicable today and reviewed by the County Attorney's Office in connection with Ordinance 04-74, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report(or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. The new use is temporary in nature and commonly associated with land development in Collier County. Once the desired volume of material is removed from the site, the developer will start commencing the construction of use(s) and structure(s) previously approved for the MPUD. The requested changes to the buffers have been reviewed by staff and found to be sufficient in terms of complying with buffering and screening requirements. PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 9 of 15 September 23,2016 5. The adequacy of usable open space areas in existence and as proposed to serve the development. While the Conceptual Master Site Plan does not indicate the total usable open space, it is staff's opinion the requested changes would have a negligible effect. The reduction in width to the landscape buffers abutting the developed residential areas has already occurred during the platting process. Compliance with usable open space requirements for the MPUD would have to be demonstrated during subsequent platting and Site Development Plan(SDP)review processes. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of Excavation Permit, at which time a new TIS including but not limited to evaluation of all turning movements at site access points,location of specific hauling locations/sites, and evaluation of existing roadway conditions along all hauling routes. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has(or will have)adequate supporting infrastructure, such as wastewater disposal systems and potable water supplies, to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. No deviations are being requested with this petition. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 10 of 15 September 23,2016 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No change to the boundary(or zoning) of this MPUD is being requested at this time. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundary of the MPUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. It is staff's understanding the excavation activities may be in effect for up to four(4)years. The MPUD Document does not contain a hard expiration date; however, staff does not anticipate the excavation activities would adversely impact living conditions in the neighboring community. In accordance with the Code of Laws, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the MPUD ordinance, which includes provisions to address public safety. Additionally staff has included developer commitments to specifically address additional operational concerns related to impacts resulting from the proposed hauling operation. PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 11 of 15 September 23, 2016 8. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem, as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this amendment would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning; however,zoning by itself may or may not affect values, since value determination is driven by market value. A case could be made, however, that prolonged excavation activities could be considered a temporary irritant to the neighbors until the process is complete. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the proposed amendment would be a deterrent to the improvement of the vacant land to the surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the applicant wants to remove additional fill from the site, the volume of which requires a commercial excavation permit in accordance with the Code of Laws Section 22-108. (Ordinance 04-55). As such, it is the opinion of staff that this excavation activity ought to be listed as a principal use in the MPUD Document. In addition,the applicant is requesting to modify landscape buffers shown on the Conceptual Master Site Plan. These requests PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 12 of 15 September 23, 2016 can be achieved through the MPUD amendment process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed use and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the MPUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF),and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the MPUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this amendment will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)shall deem important in the protection of the public health,safety,and welfare. To be determined by the BCC during its advertised public hearing. PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 13 of 15 September 23,2016 NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant conducted a NIM on September 1, 2016 at the University of Florida Institute Of Food and Agricultural Sciences (IFAS) Extension located at 14700 Immokalee Road in Naples, FL. The meeting commenced at 5:31 p.m. and ended at 5:51 p.m. The NIM Summary is included in Attachment 2—Application and Backup Material. At the NIM, Mr. Coleman stated the hours of operation for excavation activities would be 7:00 a.m. — 5:00 p.m., Monday through Saturday. Mr. Coleman stated the hauling and excavation would be complete within two (2) years for each phase, and there would be (2)phases. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on September 19, 2016. RECOMMENDATION: Staff recommends the CCPC forward this petition to the BCC with a recommendation of approval contingent upon the following: 1) The haul operation access location on the north side of Oil Well Road shall be relocated from the temporary construction access to the Public Roadway access location when construction of the public roadway is complete. The public roadway and access location shall be included as part the excavation permit request. Attachments: 1) Proposed Ordinance 2) Working Master Plan 3) Application& SupportMaterial 4) Comprehensive Planning Consistency Review 5) Legal Notifications PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 14 of 15 September 23,2016 PREPARED BY: ..,- , , ...4 ,,,. _______ ci 16 /re 1 ERIC JOHNSON,AICP, CFM,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 72 RAYM ND V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: (...------"J S FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Vc v44 DAVID . WILKISON DATE DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PUDA-PL20160000787—Orange Blossom Ranch MPUD Page 15 of 15 ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 04- 74, THE ORANGE BLOSSOM RANCH PLANNED UNIT DEVELOPMENT (PUD), TO ALLOW FOR OFFSITE REMOVAL OF EXCESS MATERIAL ASSOCIATED WITH EXCAVATION PERMITS AND TO AMEND THE MASTER PLAN TO CHANGE THE LANDSCAPE BUFFERS TO CURRENT LAND DEVELOPMENT CODE REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD (C.R. 858)APPROXIMATELY ONE MILE EAST OF IMMOKALEE ROAD (C.R. 846) IN SECTIONS 13, 14 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 616+1-ACRES. [PUDA-PL20160000787] WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance No. 04-74, which established the Orange Blossom Ranch Planned Unit Development (PUD);and WHEREAS, Stephen Coleman of Barraco and Associates, Inc. and R. Bruce Anderson, Esquire of Cheffy, Passidomo representing RP Orange Blossom Owner, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 04-74, the Orange Blossom Ranch PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: Amendments to Section 2.11.A, General Permitted Uses of the PUD Document of Ordinance Number 04-74,the Orange Blossom Ranch PUD Section 2.11.A, General Permitted Uses, of the PUD Document of Ordinance Number 04- 74,the Orange Blossom Ranch PUD, is hereby amended as follows: 2.11 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Orange Blossom Words underlined are added;words strxsk-t este are deleted. [16-CPS-01564] 101 Page 1 of 3 Orange Blossom Ranch/PUDA-PL20160000787 9/21/16 Ranch MPUD. General permitted uses are those uses which generally serve the developer, property owners and residents of the Orange Blossom Ranch MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County LDC, Subsection 2.01.03. 2. Water management facilities and related structures. 3. Temporary water and sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, architectural subdivision entry features and access control structures. 6. Community and neighborhood parks,recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 8. Model homes sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate or such as, but not limited to, pavilions, parking areas, and signs. These uses shall be subject to the requirements of Subsection 5.04.04, Subsection 10.02.05 C and Subsection 10.02.03 of the LDC. 9. Landscape features including, but not limited to, landscape buffers, berms, fences and walls in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 10. Agricultural uses and related accessory uses. However, agricultural operations shall cease upon recordation of a plat or approval of a site development plan for a specified tract. 11. Excavation and off-site hauling with related production that is incidental to development of the property with the uses approved in the MPUD. It is anticipated that approximately 1.3 million cubic yards of soil will be removed from the PUD. Hours of operation shall be as provided in the County Excavation Ordinance. There shall be no stacking of excavation-related vehicles including haul trucks on Oil Well Words underlined are added;words strueli-thFeugh are deleted. [16-CPS-01564) 101 Page 2 of 3 Orange Blossom Ranch/PUDA-PL20160000787 9/21/16 Road. The maximum number of fill truck trips shall not exceed 11 trucks per hour leaving the site during AM and PM peak hours. This use shall terminate upon the date that the County grants preliminary acceptance of the subdivision improvements for the final phase of the residential development. 12. Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible. SECTION II: Amendments to Exhibit A, Master Plan, of the PUD Document of Ordinance Number 04-74, the Orange Blossom Ranch PUD The Conceptual Master Plan and Water Management Plan, previously attached as Exhibit A to Ordinance Number 04-74, as amended, the Orange Blossom Ranch PUD, is hereby amended and replaced with a new Exhibit A, Master Plan, attached hereto and incorporated by reference herein. SECTION III: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Master Plan Words underlined are added;words struslFthcough are deleted. 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I b vbrreN�1�en a (93LON 33SNvre AL NNVO NJ180id i . 3 2 o g�mo� a4 md i i 14 : 8V s a „ 'U Og o 2 Co t tier �C..:ouyLty Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Eric Johnson,AICP,CFM,Principal Planner Zoning Services Section,Zoning Division From: Sue Faulkner,Principal Planner Comprehensive Planning Section,Zoning Division Date: September 23,2016 Subject: Golden Gate Area Master Plan (GGAMP) Consistency Review PETITION NUMBER: PUDA-PL20160000787 -REV 3a (revised location) PETITION NAME: Orange Blossom Ranch MPUD REQUEST: The petitioner is requesting to amend Ordinance 04-74, the Orange Blossom Ranch Mixed Use Planned Unit Development (MPUD), to allow for the off-site removal of excavation material. The construction of lakes and the excavations within the Orange Blossom Ranch were previously approved on November 5,2015. The petition is also requesting revisions to the perimeter landscape buffers. LOCATION: The ±616-acre site is located on the north and south sides of Oil Well Road (CR-858), approximately one mile east of Immokalee Road(CR-846). It lies in Sections 13, 14,and 24,Township 48 South,Range 27 East,and Section 19,Township 48 South,Range 28 East. COMPREHENSIVE PLANNING COMMENTS: The subject property, Sections 13, 14, and 24, are designated Agricultural/Rural—Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan(GGAMP)of the Growth Management Plan. The Settlement Area District is described in the GGAMP as follows: "This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property,this property has been"vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty-one hundred(2,100)dwelling units and twenty-two(22)acres of neighborhood commercial uses and hotel/motel use are "vested". This area is now known as the Orange Tree PUD and the types of uses permitted include residential,earth mining,commercial,agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the Growth Management Plan's Golden Gate Area Master Plan as Settlement Area,the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104• 239-252-2400 Page 1 of 2 the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status. The geographic expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County." Earth mining is an allowable use in the Settlement Area District. Excavation and removal of materials would fall into the earth mining category. In reviewing for compliance with Policy 5.4 (shown in italics below) of the Future Land Use Element (FLUE) for the purpose of promoting sound planning, protecting environmentally sensitive lands and habitat for listed species while protecting private property rights, ensuring compatibility of land uses staff provides the following analysis in bold text. FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety.] This PUDA petition for Orange Blossom Ranch PUD requests the addition of only one new use, the off-site removal of excavation materials. This off-site removal of materials use is directly related to the excavation use that was previously approved. Collier County Transportation Planning suggested with their last review that the applicant relocate proposed haul road to the second/middle access point,but the applicant's response indicated they do not believe this would be the most beneficial alternative for the existing residential subdivision and the active orange grove (in the PUD's commercial parcel) and that they are trying to avoid impacts with residents and the grove. Should the applicant relocate the access point, as part of this petition, Comprehensive Planning staff would continue to deem this PUDA to be consistent with the Golden Gate Area Master Plan and the Future Land Use Element of the Growth Management Plan as long as the potential interconnections remain. With this application, there are no proposed changes to access points, internal roads, land use tracts, etc. from the original PUD approval, staff has determined it is unnecessary to conduct a detailed analysis of FLUE Policies 7.1 —7.4 pertaining to access,interconnections,walkability,etc. CONCLUSION This PUDA petition may be deemed consistent with the Golden Gate Area Master Plan and Future Land Use Element of the Growth Management Plan. cc: Michael Bosi,AICP, Director,Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows,Manager,Zoning Division, Zoning Services Section PUDA-PL2016-0787 Orange Blossom Ranch R3.docx Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104• 239-252-2400 Page 2 of 2 SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF E(OLL4Eh LEE BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Stephen Coleman WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDA-PL20160000787 c/o Barraco and Associates,Inc. 2271 McGregor Boulevard,Suite too SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX Stephen Coleman Fort Myers,Florida 339o1. NAME(TYPED OR PRINTED) CITY,STATE LIP STATE OF FLORIDA COUNTY OF eot,t-tER LEE The foregoing instrument was sworn to and subscribed before me this 21St day of September , 2016, by Stephen Coleman , personally known to me or who produced N/A as identification and who did/did not take an oath. ic• ` 11,s. AMY FONTAINE Signature Notary Public litNotary Public-State of Florida .• • Commission#FF 898923 • My Comm.Expires Aug 16,2019 r Amy Fontaine us Bonded Oro*National Notary Assn. 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Sign posted 9.21.16 at NW Oil Well Road Sign posted 9.21.16 at SE Oil Well Road • ikAr, „�,._ `. a ., s • . Poetic NEARING NEQUEST?Nt AN AMENDMENT FAt i• ,.. TO A PLANNED UNIT DEVELOPMENT RUDA P- .11 .it1411aP*114 sl ZE1444Mitti 044141 Ias1 oImoH10 • .. `f. � .,ter ;. _ „ ' Sign posted 9.21.16 at SW Oil Well Road 1,..:.,..m Axl i ,r ,1 \'; r f y f . �� .„ • �. A . r •. ,• , ' a.sc,tEARING aMEMT E NMPDUMDAE Nt A lotWIED OW DIEtpa00 a ss.s eaacA . s t- ,,,-„,,..A...,..„:,,,,,,,. 9.21.2016 r Sign posted 9.21.16 at NE Oil Well Road ;o �i S- � ? p„ z< w3 E CD 0 W '4 LL h V. 1! �� go o� � CL C7 <W €i i .a � � 3il 1:0:! 'l4 8 r © DB°1 111111111 g ,� a € 13 � - t ,.._t frc ! •_-- -z LL O t .tµ - < W f 519 F r4 0I- zo once 11VONb'a 0 Z LL� 0,-, J U z w Ce W Z '' i g ' av 3 F F J w Q Vu.a ynt. 22 Q� �°°" ai o3 avo illN3M110 avo i 113M llo 4 9B LOS W i-- a WO W O ce ce Ux Q UJ aW J W co a W ce O O Q -+W g 0 �O 2 U > Z Z co Z DzO 0 0 l= • Ce N p,, 0 . w O a J Ce x / J Q W Otia V 2 Q w Z WO J N OW 0I— W x w Q LL -t-,- D 7 Petition No. PUDA-PL20160000787 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1. I hereby certify that pursuant to Subsections 10.03.05.B.8 and 10.03.05.B.10 of the Collier County Land Development Code, I did give notice of the public hearing before the Collier County Planning Commission scheduled for October 6, 2016 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on September 6, 2016. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 2. Copies of the letters mailed to the affected property owners are attached to this Affidavit. t' Dated this o<1 day of /1( ti-2016. Sia •ture 1/ 1 Prilt Name Print Title a 1 of STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared (' � gjCX- , who is personally known to me or produced Vert II C-O as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. DATED this 6?3 day of - 'crrlbe,--- , 2016. s �iO Notary, State f Florida o •a41#FF998114 . Notary Printed Name ��i�99�.A•:°�M1 tai Stet• �OQ�`\� I,Il ;Utll{1�00 My commission expires: (s/i/2.0 2 of 2 COLLIER COUNTY Growth Management Departments September 16, 2016 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas) or 1,000 feet(rural areas) of the following described property, that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M. on October 06, 2016 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 04-74, THE ORANGE BLOSSOM RANCH PLANNED UNIT DEVELOPMENT (PUD), TO ALLOW FOR OFFSITE REMOVAL OF EXCESS MATERIAL ASSOCIATED WITH EXCAVATION PERMITS AND TO AMEND THE MASTER PLAN TO CHANGE THE LANDSCAPE BUFFERS TO CURRENT LAND DEVELOPMENT CODE REQUIREMENTS;AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD (C.R. 858)APPROXIMATELY ONE MILE EAST OF IMMOKALEE ROAD(C.R. 846) IN SECTIONS 13, 14 AND 24,TOWNSHIP 48 SOUTH, RANGE 27 EAST,AND SECTION 19,TOWNSHIP 48 SOUTH RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 616+/-ACRES. [PUDA-PL20160000787] You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. 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 COUNTY STAFF MEMBER NOTED BELOW,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 Collier County Planning Commission 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. 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 Department, 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. This petition, and other pertinent information related to this petition, is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at (239)-252-2931 to set up an appointment if you wish to review the file. Sincerely, t //i<1 Eric L. Johnson,AICP, CFM, LEED Green Associate Principal Planner : oma®®®®®®®®® ®®�—��®a e®®® ®—®®® ®® ®®®®®®®® ElIliMNammmommimm = IfiE! �Il._Il_1IlIllllIlIlEIllElIIIIl.Il.�l.Il.Ir�I_� 44,vaa, rre . ..a t¢ CIINCC mmmsmmm9a «m «m ;�m« V mMIO41 "12 tgivLmmmmmmlmm� ..�Among c4. , ........F. 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E' b y d12 c O N c„� 04 E.) • o E 5m `gym �iCc U O D Naples DaiLij NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1261756 PUBLIC HEARING ORANG 45-168029 Pub Dates September 16,2016 (Signure of affiant) 26-.." Sworn to and subscribed before me 1 4k.,, IVONNE GOBI This Septemb 26,2016 .A = NotaryCommission *Public-StateFF of900aFlorida�0 0 ' vg • 4:747.4:747. M Comm.Expires Jul 16,2019 ` No7 / • 1 ttttt Bonded through National Notary Assn. mo , i t•C r41 ' (Signatur of affiant) ' Z Naples Daily News Friday,September 16,2016 19A g Poll: Americans willing to pay to fight warming J M SETH BORENSTEIN $20 a month,the public is more than 2-to-1 old muse Marina Shertzer of Pensacola, ASSOCIATED PRESS against it.And only one in 5would support Florida,it doesn't make sense because she LU $50 a month doesn't see climate change as a threat,but vleeC 0 WASHINGTON-Most Americans are "Ifeelweneedtomakesmallsacrifices something cyclical and normal. W Z willing to pay a little more each month to —and money is a small sacrifice—to f ¶ Of those polled,77 percent said climate fight global warming—but only a tiny bit, make life better for future generations," change is happening,L3 percent weren't E Q according to a new poll.Still,environment- said Sarah Griffin,a 63-year-old retired f sure,and only 10 percent said it wasn't .a Ce tel policy experts hail that as a hopeful teacher in central Pennsylvania"Surely I happening. sign. have enough money to spend on some- There remains a partisan divide in how OSeventy-one percent want the federal thing that's worthwhile." Americans view climate change.While Q government to do something about global Greg Davis,a 27-year-old postgraduate 84 percent of Democrats and 55 percent G) (7 warming,including 6 percent who think student in Columbus,Ohio,agreed"It's of independents view global warming asa Q Z the government should act even though far more important to protect the environ • fact and a problem that the government they are not sure that climate change is merit than to save money.I think that's needs to address,only 43 percent of Re- at = happening,according to a poll conducted true for businesses as well as individuals." MAnoaw BROWN/AP publicans agree.AndlBpercemofRepub- by The Associated Press-NORC Center That a majority is willing to pay more is Most Americans would be willing to pay a Scans said they think climate change is Q for Public Affairs Research and the Ener- a new phenomenon,said Tom Dietz,pro- little more each month to fight global happening but dont think the government C W gy Policy Institute at the University of fessor of sociology and environmental sci- warming,but only a tiny bit,according to a should address the issue. N = Chicago. ence and policy at Michigan State Univer- new poll. Slightly more than half of Americans And those polled said they'd be willing sity."While the amounts may seem small, —54 percent—said they approved of to foot a little of that cost in higher electric the willingness to take action,even if there Obama administration rules to cut polls- UI Q — bills. are some out-of-pocket costs,is encourug- for$10 a month and$20 a month are sig- lion from coal power plants,the biggest G) J If the cost of fighting climate change is ing,"Dietz said in an email. nificant. emitter of heat-trapping carbon dioxide. Q C1 m Fisher,only an additional$1 a month,57 percent Dana director of the Program But so was the opposition to higher When the question also mentions that t6 sl= r = of Americans said they would support for Society and the Environment at the costs. thousands ofjabsmay beeliminatedwhile that But as that fee goes up,support for it University of Maryland,said it's notewor- James Osadzinsld,52,of Rockford,Illi- reducing coal me by one-third, only Z Z < 11 plummets.At$10 a month,39 percent thy that a majority was'willing to pay at noir,said simply:"I have a set budget.I 45 percent favor the policy;29 percent are were in favor and 61 percent opposed.At all,"and added that the levels of support don't have the money,"while for 26-year. opposed. fn t` KeepdhCdher -g A , „ate:: o Everyday Savings LOW-Mileage Club - .__._ N •oil&Filter Change ''TireRstatioa aseepearawSewswate VOLUNTEERS NEEDED `FREE Multipolar Ina odes G) *FREE Brake Inspection p� /^.--� .-,.Z tu c $ 95 20/O OFF ( i1,��! cf Cl li rap 1-c miry. Nd o ONLY 39a Anyserr!eeyouneed! September 17,2016 Sown , .• .. c Q W r. =:'Y..'„--".--. ''t,.-:':•:•..r.:..."..1:--=.•:.-,==17. ':' ''r 8:00AM-11:00AM >• C U CO FREE FRIENDS OF FOSTER Cleandp/slgnupsites " CHILDREN FOREVER b l erWgg P v d 1 tui h O < < ' o , Check Engine Light Reading Mantua.DeYse Snick OMC •Naples 1 CI I Park.a k 'ray Nu ll1 l-y• I Includes: customers!With yourhelp in •Iig nail Brach,Lowdcrmilk Palk b -Ron scan fool fest August,we were able to donate •8arelool Beach,Naples Bay INSYCI -Retrieve trouble code(s) f1I60 plus supplies to the Friendso/ •innnokalre,Baysirw Pml,(ntn halriier Canal •Report needed repairs .M„,,,,,,.......r...............»..,..,....,....."."., Foster Children Forever! W..-•y. -V77-.7 -NFor information visit www.keepcollierbeautifuLcom, Schedule your appointment online, call 239-580-8319,or email litternot.r earthlink.neti visitdevoenaples.com. 14 - naRoad C Naples,Fl 34103 Sponsorships available.Groups of more than 10 please prartgister(call or email above). 1.855.539-9531 Groups of less than 10,go fa the site.T-shirtsasg beglven to volunteers(while supplies last).f It) 0 BUICK 0 Mon•Fri 1:30 am-6:00pm ;Brought to you by Collier County Public Utilities Solid and Hazardous S—/ 4 CV Saturday 8:00am•1:00pm ;Waste Management Division and Keep Collier Beautiful. '. 40 01 W X NOTICE OF PUBLIC HEARING PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE 0 NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE OF PUBLIC HEARING N Q V Q Notice is hereby given that a public hearing will beheld bythe Collier County Planning NOTICE OF INTENT TO CONSIDER AN ORDINANCE ✓ Z M Z Commission at 9:00 A.M.,on Thursday,October 6th,2016,in the Board of County Commissioner§Meeting Room.Third Floor,Collier Government Center,3299 Tamiami Trail East, Notice is hereby given that a public hearing will be held by the Collier County Naples FL,to consider: Planning Commission at 9:00 A.M.,on Thursday,October 6th,2016,in the Board • L AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, of County Commissioner's Meeting Room,Third Floor,Collier Government Center, -0 FLORIDA AMENDING ORDINANCE NUMBER 2004-41,AS AMENDED,THE COWER 3299 Tamiami Trail East,Naples FL,to consider: • COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING ON ODINY4•r.E CF7FE BfY40 CF MINTYWTv1u159(IN3'i5 CF O:11JE-1 CCM);FLCflO4 REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY.FLORIDA BY MEWING CFCINNENG 09-74 TIf CRF8 E EU:SSW R*U-1 RlINEDLNT IFuECPNENT AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING (FLA 10 ALLON FOR OFFEtE FEVCAPL CF MESS MEWL ASSDUWEDWtH EXCNUIEN • Z G) CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ACOMMERCIAL PSS MD TO PM3,D 11-E MaSTUR RAN 10 0-14.1£1FE Lai .al E RIFHS TO Q INTERMEDIATE(C-3)ZONING DISTRICT AGENERAL COMMERCIAL(C-4)ZONING DISTRICT C LMD EBELCPNENT WLE FE:LIRBuENIs MD PRCv1DN3 AN BiH:1VE OWE C T ANDA RURAL AGRICULTURAL(A)ZONING DISTRICT TOA COMMERCIAL PLANNED UNIT E 0 1— DEVELOPMENT(CPDD)ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF TFE SELECT ITOPFINIS LOCKED CN n-E NCIH MD 9x111 SCE.S CF CIL WEL1 BYO • GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL (CR 859 PPRC74MWAY ChE MLE EAST CF IMAM FLEE RD"D(CR 89Q IN SECTRY'S 1a 14 L PUMPS AND RETAIL USES ONA6.5a ACRE PARCEL TO BE KNOWN AS PRICE STREET CPUD, �24,TOAE&IP 49 S)Jnt RW4CF 27 EAS,,AND 83,•fKN 15 TU'S'IP 48 SCOIH RINOE Z II) Gj 0 LOCATED AT THE SOUTHWEST CORNER OF U.S.41 AND PRICE STREET IN SECTION 33, 28EST,,CODERCWIY,FLOBDA01RETMaCF616N-A IPU)a-R271601007821 • -Q to .N 0 TOWNSHIP 50 SOUTH.RANGE 26 EAST,AND SECTION 4,TOWNSHIP 51 SOUTH,RANGE ' < E v/ 0 26 EAST,COLDER COUNTY,FLORIDA;AND BY PROVIDING AN EFFECTIVE DATE.IPUDZ- Immokalee RD PL201500003421 / PROJECT v, r , _ LOCATION ac mo� .. a1 Nii Z :e.e PROJECT �4 1LOCATION CO Oil Well RD C/ d Immokalee RD ;` lir Inp �"c = i e ; J co m Ll! m O y- ; Golden Gate BLVD '`p�eeI N0 o O "*, �eM`T E \ Uponies interested are invited to appear and be heats.Copies of the proposed ORDINANCE All interested parties are invited to appear and be heard.Copies of the proposed 0 will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Collierv. ORDINANCE will he made available for inspection at the Collier County Clerk's Office, County Government Center,3299 Tamiami Trail East,Suite 401,NaplesFL,one week prior to Fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401, the scheduled hearing.Written comments must be fled with the Zonings Division,Zoning Services Section,prior to Thursday,October lith,2016. Naples,FL,one week pnortothe scheduled hearing.Written comments must befiledwith • T tyl It a person decides to appeal any decision made by the Coater County Planning Commission the Zoning Division,Zoning Services Section,prior to Thursday,October 8th,2016.. e a) Le with respect to any matter considered at such meeting or hearing,he will need a record of 8 a person decides to appeal any decision made by the Collier County Planning A, that proceeding,and for such purpose he may need to ensure that a verbatim record of me Commission with respect to any matter considered at such meeting or hearing,he will V/ proceedings is made,which record includes the testimony and evidence upon which the appeal is need a record of that proceeding,and for such purpose he may need to ensure that a A to be based. verbatim record of the proceedings is made,which record includes the testimony and e�FI' a) mei It you area person with a disability who needs any accommodation in order to participate evidence upon which the appeal is to be based. E in this proceeding.you are enrnied,at no cost to you,tome provision of certain assistance. R you are a person with a disability who needs any accommodation in order to Please contact the Collier County Facilities Management Division,heated x13335 Tamiami participate in this proceeding,you are entitled,at no cost to 4saaee Trail East,Suite 101,Naples,FL 34112-5355,(238)252-8360,Sr least two days poor t0 the xco. 55you,to the provision of�y�.�p tsa eating.Assisted listeningdemes for the hearing impaired are available in the Board of County Certain locatedassAnne.Please contact the Collier County Naples,Facilities Management "^ Commissioner§Office. Division, at 3335 Tamiami Trail East,Suite 101, FL 3356, 46. devices (239)252-8380,at least two days prior to the meeting.Assisted listening devices for Collier County Planning Commission the hearing impaired are available in the Board of County Commissioner's Office. Marc Strain,Chairman Tt vI_/7 Collier County Planning Commission Mark Strain,Chairman 4rramhar la Pole No 1,81728 No 1261156 Seotember 16 2016 . IU I ' t u- AGENDA ITEM 9-B Col er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DANIEL JAMES SMITH, AICP -ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 6,2016 SUBJECT: PLANNED UNIT DEVELOPMENT REZONE(PUDZ) -PL20150000342; PRICE STREET&US 41 APPLICANT/OWNER OWNER Price and 41, LLC Mr. &Mrs. Ramiro Llerena 2590 Northbrook Plaza Dr. 115 Price Street Naples,FL 34119 Naples, FL 34113 AGENT Alexis Crespo,AICP Waldrop Engineering, P.A. 28100 Bonita Grande Drive, #305 Bonita Springs, FL 34103 REQUESTED ACTION: The applicant is asking the Collier County Planning Commission(CCPC)to make a recommendation on the adoption to a Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district, and a Rural Agricultural (A) zoning district to a commercial Planned Unit Development(CPUD) zoning district to allow up to 69,500 square feet of gross floor area of commercial development including a facility with fuel pumps and retail uses on a 6.5± acre parcel to be known as Price Street and US 41 CPUD. GEOGRAPHIC LOCATION: The subject property is located at the southwest corner of US 41 and Price Street in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida(See location map on page 2). PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 1 of 20 „.„..--<79/.1. i ' 0 - la. 17 i,..„.a .,..‘, i 4 1 / 0 . 1 cs i , "4... °°d a i s4 if I Ir I 211 --w-A.41.11:11i - Mlibjj ZC9 :i.,,..,j,,,,,,IAiiiiiligilli! . iiiiiiminNt'' , - EU^ 0:0 i #� sw. Q 41404•44 44) 40, 13 gill ” 3 i ,/ i� inil lar i' (Si di MI_p Q © �NWQ 2 / n CI Li, a /� d a a '_— 1itt / z itl' '.e� o p A II a !F r17- €A W gg a g Aii li ii I li _, -, r_____,, i• ilig 1 Fri y 'I A!1' Art, iik- s II/ - a a 31.1 /Al Lii, ill Q t Ei „ li 4 1 . z , .4 i is if Q I ! i,-- .4, / i --.7—— \I U •�,a nnca.•�v�u.s /I i L� X15 gilt 1 1g —'w5 3 �° yf I _- - cae mrve u-,a� 11 _j ,J" n i All '- 11,0 4:1 a f 11 M - ^ Ma PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 2 of 20 .0.118THX"3 NV111 NaLSYIN arida 1 I 77-111,OW 331)la:JIN7113 'AA, LBW; mo i 410/1 MIN Cifid3 I t UNV laaNds 33111d SNOMAgli Wad 4 •Iti t Eky 9., 111 "04 Ill awl_ 19 aosad I igi - ' 111 , ——1:‘, &— 6 --1 \ lig ,-\ I , f, illifil i 9114- !1 I 1111;7 Avr ' Oil il i 1 I i I 1 1 I 1 - 1 i 4c- ItEt ii 11. , Igst 1 ' I i t\l'ib"11 '67; , 1 gi - 1. --:....-----._.,-"::......J 1 ' 0 lb I 1.--- ,or U 1=1 Nif \ i g i I I ,. "-- . i 15 ; 4 lor 4 , •• , " .. . .„:„.„, x .- .... e / II* .". w ;:4;:. 4 ,,• tr, /' il I ; r ....- 4 ' I /'°, Lil I 1i . ,, 1" 1, ,, xy ii 0 1 1 i .E4L,- 111 14 lil PRICE STREET AND 41 CPUD MASTER PLAN PAGE 1 PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 3 of 20 I �^lyyyy;:J� 81HX9 NV1d 119ISVW owE :mita/4v 9Jn1d..I.N3P1l f)NItt33tu1 M UfldD It(INV.L231I1,S LMRtd g d()� 1(1lt�M SNOISIAl4N XV 113 i a r \ r K 1 ( \ gg S �I Iliqg � ;Ng ,s,�'! u6 §W � a YY 1 iali 4 p i gi,, 4 i h / !7txa�"Sgv` '$�I. turii5! 0 X32 3' 6 Vgg qii,- gl 6§ 1611 a tecta Pt q 9 Ihh 114116 givAP Iii 401 40. hal i go N. A M ♦ t _ 1 l ! r �y " a K 1 O Z t « N« >- a. e8 ili it W a i IivI I } 1/4 J 1b git11eQ Iii I gig i 0 1 1 '63 14 li IO i 11 if ` _ , el ,, PRICE STREET AND 41 CPUD MASTER PLAN PAGE 2 PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 4 of 20 PURPOSE/DESCRIPTION OF PROJECT: The proposed PUD, which is adjacent to a commercial retail node known as Activity Center #18, is comprised of 3 parcels totaling approximately 6.55 acres (See aerial below). The southeasterly vacant parcel zoned General Commercial (C-4), contains approximately 4.31 acres and fronts US 41 and Price Street. The northern vacant parcel, zoned Commercial Intermediate (C-3), contains approximately .33 acres and fronts US 41. The southwesterly parcel, approximately 1.94 acres and zoned Rural Agriculture (A),contains an existing single family home. The applicant is requesting approval to rezone the properties to a Commercial Planned Unit Development (CPUD) and to allow 69,500 square feet of commercial uses including an automobile service station with 16 fuel pumps, automobile repair, and other commercial retail uses consistent with property zoned C-4. The intent is to have 3 separate commercial parcels in which one will have a Facility with Fuel Pumps adjacent to the Fifth Third Bank fronting US 41, one parcel will have a commercial building also fronting US 41 and a third building fronting Price Street. The PUD will have two external accesses, one on US 41 and one on Price Street. Included with the internal accesses within the PUD, a cross access will be provided to the Fifth Third Bank, where the proposed PUD abuts the bank's south property line. There are no fueling stations within 500 feet of this proposed PUD. District I st DONNA FIALA , �.. "/` . r S.v C-3 w s`•'14taw 6t a3 f ,, _ R: 26 , ', #F;. . iii:- alingir _ iii i` -i h VICTORIA FALLS �+ 'Nth,:' y 1 m 4717e'r} ^h 4° `//y - «� '+i1` Excp 'SV , - hod loads .. Tp �t '' 4 y Z .. ateijoi-y 2: F ".1. .« 166 iert)le ' . li i .. C-4 . S6 .ani '' T 51 rin ' S: 03 �, R. 26 ft y * T 51 , iR: 26 - "a + T_,_} .,,I _.i.—t.r '' .-` --T --. .rpt _ . ' 1 '. �' '`'�,, I e y x `T 5 {? .♦ fd +Y . Aerial Photo/PUD Boundary (subject site depiction is approximate) PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 5 of 20 SURROUNDING LAND USE AND ZONING (Subject properties highlighted in yellow on page 5) North: Tamiami Trail East(US 41), golf course/mixed residential development Lely PUD (Lake, Outback Steakhouse, Chase Bank). West: Canal, Office with zoning designation of C-3, single family home with a zoning designation of A. South: Price Street, single family homes with a zoning designation of A. East: Commercial(Fifth Third Bank), with zoning designation of C-4, Price Street, Strip Commercial with a zoning designation of C-4. Table I below sets forth the proposed development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the SDP. TABLE I COMMERCIAL DEVELOPMENTSTANDARDS11) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/A Min. Lot Depth N/A N/A PUD BOUNDARY SETBACKS(EXTERNAL?) US 41 25' SPS Price Street 25' SPS Canal 20' SPS SETBACKS(INTERNAL) Front/Internal Drives(3) 15' 10' Side 10' SPS Rear 10' SPS Min. Distance Between Principal Structures 1/2 Building Height 10' MAXIMUM HEIGHT Actual 45' 45' Zoned 35' 35' SPS=Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Automobile service station and associated fuel pumps will meet the site design standards and setbacks set forth in LDC Section 5.05.05. (3) Front setback is measured from back of curb for private roads and access ways only. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 6 of 20 Accessory uses customarily associated with Permitted Principal Uses of C-4 are including but not limited to: -Customary accessory uses and structures. -Caretaker's residence,subject to Section 5.03.05. -Essential services,including interim and permanent utility and maintenance facilities. The following uses are'prohibited uses within the CPUD: -Tattoo/piercing parlors(S.I.C. 7299) -Adult entertainment and sexually oriented businesses -Pawn shops Due to the proximity of residential along Price Street,the applicant has prohibited the following uses within 250 feet of the Price Street right-of-way: . -Automotive services(S.I.C.7549) -Gasoline service stations(S.I.C. 5541) -Repair services(S.I.C. 7699) The applicant is showing three(3)conceptual building footprints. The two(2)buildings to the east,fronting US 41 and Price Street show two (2) - two story buildings with a maximum height of 35 feet. The third building to the northwest,a three(3)story building,will have a maximum height of 45 feet,fronting only US 41. 3. The applicant is also requesting three (3) deviations from the Land Development Code (LDC). The requests are for: 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2,along the western property line where the CPDD abuts residential property. 3. Deviation from LDC Section 4.06.02.C,which requires a 15-foot wide Type"B"landscape buffer where automobile service stations abut commercial uses,to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 7 of 20 GROWTH MANAGEMENT PLAN CONSISTENCY; The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions,for the most part, app1 to residential development and pose no limitations upon this request. Based upon staff's analysis, the proposed PUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan(See attachment). Conservation Consistency Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. The project site contains 1.83 acres of native vegetation,fifteen percent(0.27 acres) of which are required to be retained. Transportation Element: Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period unless specific mitigating stipulations are also approved A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur; a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and 1 c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 8 of 20 The proposed PUD Amendment on the subject property was reviewed based on the then applicable 2015 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed development will generate approximately 468 PM peak hour trips, with 242 PM peak hour net new trips on the adjacent roadway links, as follows: Roadway Link 2015 AUIR Current Peak 2015 Existing LOS Hour Peak Remaining Direction Service Capacity Volume/Peak Direction Tamiami Trail Rattlesnake D 3,000/East 731 East(US 41) Hammock Road to Triangle Boulevard(6 lane divided) Tamiami Trail Triangle C 3,000/East 1,299 2 East(US 41) Boulevard to Collier Boulevard(6 lane divided) Based on the 2015 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support thier action on the rezoning or 'f amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis."In addition, staff offers the following analyses: Environmental Review : Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. This project does not require review by the Environmental Advisory Council (EAC) since the project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 9 of 20 ti and Ordinances. The 0.27 acre of preserve required for the PUD has been requested to be taken off-site as allowed by Section 3.05.07 H.l.f of the LDC. Landscape Review: Staff has reviewed the PUD Document and Master Plan and recommends that is Deviation#2 be denied. Standards for"Facilities with Fuel Pumps"were adopted to limit the impacts on adjacent proprieties, residential properties in particular. Staff would be open to alternative designs in meeting intent, however, reduction in pervious area(open space), berm, and concrete wall is too drastic in meeting intent. Staff as reviewed Deviation#3 and recommends approval on the condition that internal buffers abutting the"Facilities with Fuel Pumps"have a 15-foot Type A buffer with a single row of shrubs, 24 inches tall at planting ,maintained at 36 inches. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD Ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allow use intensities and densities, development u standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space, and location. Staff is of the opinion that the design standards and uses are compatible with surrounding uses except for Automotive services(5541)and Repair services(7699),which the applicant has included in the PUD. [ I Although the applicant has proposed these uses as"not to be within 250 feet of Price Street,"staff believes that this "infill commercial area"should be more of a transitional area between the Activity Center and the { residential uses,limiting commercial intensity. Although staff can support some of the uses under 5541 and 7699 categories,the following uses may be a detriment,considering these uses sometimes have obnoxious noise and fumes. Gasoline service stations(5541)allows for such uses as: -Automotive and Marine repair -Tire Repair -Oil service,and other minor repair -Car washes Repair service(7699)allows for such uses as: -Tractor repair -Septic Tank cleaning services -Agricultural equipment repair -Engine repair -Farm machinery repair -Tank Truck Cleaning services -Industrial Truck repair -Motorcycle repair PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 10 of 20 3 Deviation Discussion: The petitioner is seeking three (3) deviations. The petitioner has provided justification in support of the deviations. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: F It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . Staff has analyzed the deviation requests and has provided the analyses and recommendations below. Deviation 1: Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. Justification: The eastern side of the automobile service station is blocked from views along Price Street by the existing Fifth Third Bank building. Less than 10% of the eastern building façade will be visible from an external public roadway. Due to the minimum visibility from the roadway, the intervening bank building, and proposed Type "B"buffer along the eastern property line, the applicant respectfully requests relief from the requirement to design the eastern façade to primary facade standards. In support of this request, the attached illustrative rendering (Deviation Attachment E-1) demonstrates the architectural features and design quality of the proposed facade. Staff Analysis and Recommendation: Views will still be visible from the residential area along Price Street to the South, even with additional landscape. Staff believes the (2) two required "Primary Façade" design features should still be required. Staff recommends Denial of this deviation. Deviation 2: Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts ry residential property. Justification: The applicant is requesting an alternative buffer to meet the intent of the above code section, while maintaining attractive view sheds from the neighboring property. As shown on Deviation Attachment E-2,the applicant is proposing the following planting enhancements to support this request and meet the intent of the LDC as follows: -Double hedgerow installed at 5 feet in height at planting and maintained at 6 feet in height within one year of planting; -Understory trees,clustered at 6 trees per 100 linear feet and planted at a height of 6 feet; -4 canopy trees per 100 lineal feet,planted at a height of 12 feet;and PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 11 of 20 3 -Enhanced grass/ground cover(3 gallons plantings),planted at 200 square feet per 100 linear feet. The automobile service station buffering requirement in the LDC measures separation between the property line of the automobile service station and the nearest residential property line. This measurement x does not take into account sites that provide substantial spatial separation between the proposed fuel y. pumps and the property line, or where intervening buildings are proposed within the project to separate the residential uses from the pumps. The LDC also does not take into account certain off site features, such as the drainage canal,that provide further separation. 11 As shown on Deviation Attachment E-2, the dwelling unit on the property to the west is approximately 700± feet from the proposed fuel pumps and is spatially separated not only by the proposed drainage canal, but by the proposed commercial buildings within the CPUD. Additionally, the fuel pumps are located along the US 41 frontage in the far northeastern portion of the site, as far away from the western property line as possible. Due to the sensitive site design and enhanced plantings proposed, the applicant respectfully submits that the proposed buffer will meet with the intent of the LDC, while acknowledging this site's unique configuration. At the Neighborhood Information Meeting on November 2, 2015,the applicant asked the neighbor to the west if they would prefer enhanced vegetation or the required wall. Per the NIM meeting synopsis and audio recording,the adjoining property owner stated that the enhanced plantings were desired,and they did not want the wall. fi Staff Analysis and Recommendation: The Board of County Commissioners recently adopted new requirements for "Facility with Fuel Pumps" in making these projects more compatible with residential and other commercial. One single factor affecting residential is noise. In most cases, these facilities are open 24 hours and concrete walls on top of a 3-foot earthen berm will have the most impact in reflecting noise. Although plant material does do an adequate job in screening uses from residential, plant material does not have the adequate noise reflecting properties similar to a concrete wall with berm. Staff recommends denial of this deviation. Deviation 3: Deviation from LDC Section 4.06.02.C,which requires a 15-foot wide Type B landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the Q CPUD boundary. The 15-foot wide Type B buffer will be provided along the perimeter of the project .G where the proposed automobile service station abuts commercial uses external to the CPUD boundary. Justification: The. CPUD is designed as a unified commercial development and not as individual commercial projects. The applicant is requesting omission of internal buffers to facilitate pedestrian movement throughout the site, without the impediments generated by a 15-foot wide Type B buffer, which includes a required hedge, wall, or fence. The applicant respectfully submits that the Type B buffer would isolate internal uses and create virtual road blocks internal to the site that preclude efficient internal circulation. To off-set the impact of this request, the applicant is proposing increased general trees within the vehicle parking areas to provide additional vegetation within the project. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 12 of 20 { 1 Please note the applicant is not requesting relief from the requirements to provide the 15-foot wide Type B buffer along the CPUD boundaries, where the automobile service station abuts external commercial uses. These required buffers are shown on the enclosed PUD Master Plan in accordance with the LDC. Staff Analysis and Recommendation: Code requires a 15-foot Type B buffer and a 10-foot Type A buffer when a"Facility with Fuel Pumps" is adjacent to commercial. Staff sees no detrimental effect if this deviation request is approved as long as, at a minimum, a 15-foot Type A buffer with a single row of shrubs 24" tall at planting, maintained at 36 inches, is required between the "Facility with Fuel Pumps" and the other internal commercial uses. Sidewalks are required in linking abutting uses and can cross buffers, without creating isolation with the PUD. Staff recommends a conditional approval of this deviation. FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below. (Staff's responses to these criteria are provided in bold, non-italicized font): PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria." (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,water, fi and other utilities. Staff has reviewed the proposed amendment and believes the uses, except for Automotive services (7549) and Repair services (7699), and property development regulations are compatible with the development approved in the area. The commitments made by the applicant and staff's recommended with stipulations and conditions should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. Y 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 13 of 20 z • 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GM?). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on those staff analyses, planning and zoning staff is of the opinion that this petition may be found consistent with the Future Land Use Element. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided in LDC Section 5.05.05 a review of the proposed uses. Staff is of the opinion that the newly adopted buffering standard should be enforced where abutting residential. Staff is also of the opinion that the internal standard for buffering may be reduced to only requiring one 15-foot Type A buffer with a single row of shrubs 24"tall at planting between uses since this is a PUD. As stated earlier, it is staff's opinion that Automotive services (7549) and Repair services(7699) should not be an allowable use in this proposed PUD. 5.The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of usable open space meets code and serves the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time new TIS will be required to demonstrate turning movements for all site access points. Finally,the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and/or site development plans, are sought. 7 7. The ability of the subject property and of surrounding areas to accommodate expansion. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the CPUD Ordinance, which includes provisions to address public safety. Additionally staff has included developer commitments to specifically address additional operational concerns related to impacts resulting from the proposed development. { PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 14 of 20 3 is 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of three (3) deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval for only "Deviation 3",with conditions. Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font). 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with adjacent neighborhood development. Comprehensive Planning staff finds the proposed PUD application consistent with the Future Land Use Element. The petition can be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. `- 2. The existing land use pattern. Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed PUD is appropriate given the development restrictions included in the PUD Ordinance and the conditions and stipulations proposed by staff. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD with conditions and stipulations would not create an isolated zoning district. The subject site is surrounded by land zoned similar (C-3 and C-4) to the northwest and east. The remaining residential uses (zoned A)will have buffering,creating compatibility with those uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 15 of 20 3 5.Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such an amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment,the property could be developed in compliance with the existing zoning designation of Agriculture, C-3, and C-4. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD, with the commitments made by the applicant and the stipulation and conditions offered by staff, can been deemed consistent with the County's land use z. policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure is sufficient to serve the proposed project at this time. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP)or Subdivision Platting(PPL)review. 8. Whether the proposed change will create a drainage problem. The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this PUD petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD Document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values,since value determination is driven by market conditions. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 16 of 20 yh 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the Growth Management Plan through the proposed PUD, . then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban-designated areas of the Collier County. Staff is of the opinion that 1 the PUD development standards and commitments with conditions and stipulations will ensure that the project is not out of scale with the needs of the neighborhood and County. 15. Whether it's impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the proposed GMPA and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 17 of 20 5 i3 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as is amended. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and County Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. 18. Such other factors,standards,or criteria that the Board of County Commissioners(BCC)shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING: The applicant's agents conducted a duly noticed NIM on November 3, 2015, at Eagle Lakes Community Park. Please see the attached NIM summary provided by the agent. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on September 26,2016. li ti PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 18 of 20 RECOMMENDATION: Zoning Services staff recommends that the Collier County Planning Commission forward PETITION PUDZ-PL20150000342 to the BCC with a recommendation of approval with the following conditions: 1. Remove"Deviation 1"regarding a deviation LDC Section 5.05.08.C.2,which requires primary facade standards to be applied to all sides of buildings facing a public or private street. Staff believes that even with the additional landscaping,the façade will still be viewed from Price Street. 2.Remove"Deviation 2"which requires"Facilities with Fuel Pumps"within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall on top of a 3-foot berm.The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall and berm. Staff believes the new standards for this use should be applied. 3.Approve"Deviation 3"conditionally that only a 15-foot Type A buffer with a single row of shrubs 24 inches high at planting and maintained at 36 inches high be required between all internal uses abutting the "Facilities with Fuel Pumps." 4. Remove Automotive services (5541) and Repair services(7699)as approved uses in the PUD. Some of these uses may be considered incompatible next to residential use. 5. Remove Note#2 in the Commercial Development Standards regarding"Facility with Fuel Pumps. If "Deviations 2 or 3" are approved,this note will contradict the PUD. If not approved,this note would be redundant. 6. Update the"Developments Standards Table"to include building height restrictions shown on the Master Plan. Attachments: Attachment 1: PUD Ordinance Attachment 2: Applicant's Backup Material Attachment 3: GMP Consistency Review Attachment 4: E-Mails } PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 19 of 20 PREPARED BY: 7-N ?,/,77/„ DANIEL JAMES SMITH,AICP DATE PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: RAYM► D V. BELLOWS, ZONING MANAGER DATE ZON : DIVISION 9 I l G MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: ,e, . - 2� -it, , AMES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT / 4 DAVID S.\'WILKISON, P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT,A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 4, TOWNSHIP 51 SOUTH, . RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alex Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Cheffy Passidimo, PA representing Price and 41, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district and a rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 6.5± acre parcel to be known as the a j Price Street CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number [15-CPS-01458/1236383/1]50 Page 1 Price Street CPUD-PUDZ-PL20150000342 8/15/16 Attachment 1 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended { accordingly. SECTION TWO: 1. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman . Approved as to form and legality: '' • Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B -Development Standards Exhibit C -Master Plan . Exhibit D-Legal Description Exhibit E -List or Deviations Exhibit E-1 -Facade Exhibit Exhibit E-2- Buffer Exhibit Exhibit F-Developer Commitments [1.5-CPS-01458/1236383/1]50 Page 2 Price Street CPUD-PUDZ-PL20150000342 8/15/16 is EXHIBIT A LIST OF PERMITTED USES F PRICE STREET&41 CPUD PERMITTED USES A maximum of 69,500 square feet of gross floor area of commercial uses shall be constructed within the project. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: ) A. Principal Uses 1. Accounting(8721). (' 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Advertising-miscellaneous(7319). 9. Animal specialty services,except veterinary(0752,excluding outside kenneling). 10. Apparel and accessory stores(5611-5699). 11, Architectural services(8712). 12. Auditing(8721). 13. Auto and home supply stores (5531). 15. Automotive services,except carwashes, (7549) except that this shall not be construed to permit the activity of"wrecker service (towing)automobiles, road and towing service." 17. Banks,credit Unions and trusts (6011-6099). 18. Barber shops(7241, except for barber schools). 19. Beauty shops(7231,except for beauty schools). 20. Bookkeeping services(8721). 21. Bowling centers,indoor(7933). 22. Building cleaning and maintenance services(7349). 23. Business associations (8611). 24. Business consulting services(8748). 25. Business credit institutions(6153-6159). 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting,texture designers,textile folding,tobacco sheeting,and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height,subject to section-5.05.09. 28. Carpet and upholstery cleaning(7217). 30. Child day care services (8351). 31. Churches. 32. Civic,social and fraternal associations(8641). Price Street CPUD-PUDZ-PL2015-0342 Last Revised:August 11,2016 Page 1of11 1 R 33. Coin-operated laundries and dry cleaning(7215). ) 34. Coin operated amusement devices,indoor(7993). 35. Commercial art and graphic design (7336). i 36. Commercial photography(7335). F 37. Commercial printing(2752,excluding newspapers). s. 38. Computer programming,data processing and other services(7371-7379). 39. Computer and computer software stores(5734). ) 40. Credit reporting services(7323). 41. Dance studios,schools and halls,indoor(7911). 42. Detective,guard and armored car service(7381,except armored car and dog rental). 43. Department stores(5311). x 44. Direct mail advertising services (7331). 45. Disinfecting and pest control services(7342), 46. Drycleaning plants(7216, nonindustrial drycleaning only). 47. Drug stores(5912). + 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the 4 locational requirements of section 5.05.01 f 49. Educational plants. 50. Educational services (8221 and 8222). (; 51. Electrical and electronic repair shops(7622-7629). is 52. Engineering services(8711). 54. Essential services,subject to section 2.01.03 55. Facilities support management services(8744). 56. Federal and federally-sponsored credit agencies(6111). 57. Food stores(groups 5411-5499). 58. Funeral services (7261,except crematories). 1 3 59. Garment pressing,and agents for laundries and drycleaners(7212). w r 60. Gasoline service stations (5541), except auto services and repairs- Limited to one (1) gasoline service station for the entire CPIJD, and subject to LDC Section 5.05.05. 61. General merchandise stores(5331-5399) 62. Glass stores(5231). I 65. Hardware stores(5251). 2 66. Health services, miscellaneous(8092-8099). 67. Health services,offices and clinics(8011-8049). ( 68. Home furniture and furnishings stores(5712-5719). 69. Home health care services(8082). t 72. Household appliance stores(5722). 73. Insurance carriers,agents and brokers(6311-6399, 6411). x 74. Labor unions(8631). 75. Landscape architects,consulting and planning(0781). ) 76. Laundries and drycleaning,coin operated-self service(7215). 77. Laundries,family and commercial (7211). 78. Laundry and garment services, miscellaneous(7219). . 79. Legal services(8111). i 80. Libraries(8231). 81. Loan brokers(6163). 82. Management services(8741,8742). 84. Medical and dental laboratories(8071 and 8072). 85. Medical equipment rental and leasing(7352). 11 I i a Price Street CPUD-PUQZ-PL2015-0342 i Last Revised:August 11,2016 1 Page 2 of 11 1 1 I x 86. Membership organizations,miscellaneous(8699). r 87. Membership sports and recreation clubs, indoor(7997). ; 88. Mortgage bankers and loan correspondents(6162). 89. Motion picture theaters(7832). 91. Museums and art galleries(8412). 92. Musical instrument stores(5736). 3 93. News syndicates(7383). 95. Outdoor advertising services(7312). 96. Paint stores(5231). 99. Personal credit institutions(6141). 1: 100. Personal services,miscellaneous(7299). ( 101. Personnel supply services(7361&7363). ) 102. Photocopying and duplicating services(7334). I 103. Photofinishing laboratories(7384). 104. Photographic studios,portrait(7221). Y 105. Physical fitness facilities(7991). . 106. Political organizations(8651). 107. Professional membership organizations (8621). 108. Professional sports clubs and promoters,indoor(7941). °, 109. Public administration (groups 9111-9199,9229,9311, 9411-9451,9511-9532,9611-9661). 110, Public or private parks and playgrounds. 111. Public relations services(8743). 112. Radio,television and consumer electronics stores(5731). ii 113. Radio,television and publishers advertising representatives(7313). 114. Radio and television broadcasting stations(4832&4833). 1; 115. Real Estate(6512,6531-6552). ,3, ;l 116. Record and prerecorded tape stores(5735). 117. Religious organizations(8661). 3 c 118. Repair services-miscellaneous(7699-except agricultural equipment repair,awning repair,beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, I. industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, ) tinsmithing,tractor repair). 119. Research, development and testing services(8731-8734). 1 120. Retail -miscellaneous(5921-5963,5992-5999). 121. Retail nurseries, lawn and garden supply stores(5261). 122. Reuphotstery and furniture repair(7641). ) 123. Secretarial and court reporting services(7338). 124. Security and commodity brokers,dealer,exchanges and services(6211-6289). 125. Security systems services(7382). 126. Shoe repair shops and shoeshine parlors(7251). 127. Social services, individual and family (8322-8399, except for homeless shelters and soup kitchens). a 128. Surveying services(8713). 129. Tax return preparation services(7291). 1 2 130. Telegraph and other message communications (4822) including communications towers up to i specified height,subject to section 5.05.09 131. Telephone communications (4812 and 4813) including communications towers up to specified height,subject to section 5.05.09 132. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929, including bands, orchestras and entertainers;except motion picture). T. .1 Price Street cPUD-PUDZ-PL2015-0342 Last Revised;August 11,2016 Page 3of11 3 I 1 ) 133. Travel agencies(4724,no other transportation services). 134. United State Postal Service(4311,except major distribution center). 135. Veterinary services(0741&0742,excluding outside kenneling). 136. Videotape rental(7841). 137. Vocational schools(8243-8299). 138. Wallpaper stores(5231). ) 139. Watch,clock and jewelry repair(7631), 140. 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 purely associated with activities conducted in an office. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses Accessory uses customarily associated with Permitted Principal Uses including but not limited { to: 1. Customary accessory uses and structures. 2. Caretaker's residence,subject to section 5.03.05 3. Essential services,including interim and permanent utility and maintenance facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code(LDC). C. Prohibited Uses The following uses are prohibited within the CPUD: 1. Tattoo/piercing parlors (7299) 2. Adult entertainment and sexually oriented businesses(7999) 3. Pawn shops(5932) The following uses are prohibited within 250 feet of the Price Street right-of-way: 1. Automotive services(7549) 2. Gasoline service stations(5541) 3. Repair services(7699) Price Street CPUD--PUDZ-PL2015-0342 Last Revised:August 11,2016 Page 4 of 11 f EXHIBIT B I DEVELOPMENT STANDARDS PRICE STREET&41 CPUD i Development of the Price Street CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, ' excavation permit, and preliminary work authorization, to which such regulations relate. Where these 1 regulations fail to provide developmental standards,then the provisions of the most similar district shall ) apply. Table I below sets forth the development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP. i TABLE I r COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS 1 Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/AA Min, Lot Depth i N/A N/A PUD BOUNDARY SETBACKS(EXTERNAL)(Z) U.S.41 25' SPS a Price Street 25' SPS Canal 20' SPS 1 i SETBACKS(INTERNAL) Front/Internal Drivesi33 15' 10' Side 10' SPS Rear 10' SPS l: Min, Distance Between } 10' Principal Structures %Building Height I. r MAXIMUM HEIGHT Actual 45' 45' g. :r Zoned 35' 35' SPS=Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Automobile service station and associated fuel pumps will meet the site design standards and setbacks set forth in 5.05.05. (3) Front setback is measured from back of curb for private roads and accessways only. i x i 3 t Price Street CPUD—PU DZ-PL2D15-0342 Last Revised:August 11,2016 Page 5 of 11 : 3 BAProjectet,423-02 100 5 115 Price Street–Phase 2Drawings-ExhIbits1423-02-E01 Price Street CPUD1Current Plans42302E0206.dwg it . ,i i i 2 ri g g 2 d z 9 M i i g i 1 I i Jr — -i -4- i-- t __ _ 1 1E 4 7 A 0' 8 1 -- l 1 iii ,, p.; al . 4 II Re 1 ',- li EIR ti,,_ --i-- ___- - li ,, ;41 lin 70 i i1---Th 7 , §1 7, all101111 ' g 00-7 P> 11 '7 1 7 7 ‘. I 1 ° 50 711 Ad 'I - i ! i 1 7* gi '?•:::-. ",;:'-'':,i'.,-i' , i I I : 1 V Pi ," 7 7 go ' 5.i,J,. - 4-: MI 7 z. ,..- „.• 1 7 evoe , r 7 *6)3\44() '' iiii : , . mi 3 , 1 1 1 0 i i I H , 11 ./..--," . ... IP, 4J VV ,*(77",...z.` I . 2 r.,;rogii,4.,,igt r 116.,..t,mm 1 . I Q M ! . . ....- .144:411::04. - . 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PACE STREET i VI g 1° -- •.0 R-fl i 2 1 PLAN REVISIONS — WALDROP ! 9 I PRICE STREET AND 41 CPUD 1 Il , ENGINEERING j ; a CLIENT:PRICE AND 41,LLC 1 I i ' r — ta — CP1JD MASTER PLAN EXHIBIT"C" .• ...2 13:1Projects1423 02 100&115 Price Street-Phase 21Qrawings Exhibiis1423 02-E01 Price Street CPUD\Currant Plans142302E0206.dwg i 1 A W N ml O Sy Q p C Z y d O g. �, g z 0 H = °6 m m • m% o moS ' P‹ m OF, z x "T spm O o T § m to M MP g i• ll M 1g2 o A 0v / 1 n O a viol T• Z p rm v m C % m m co - C M M M M Z I• Q n z z ` 4 ' xx xxm � J i ff / , N N 1 't.7�.•Y,- -tl9 spry om DD po y hf!JJ w-; .:F ;• OO t o�OT< OG�< �o�inpp® •::• '.�T :' z YiZ mO c �vyT< Apr r�r pC<00 mm 3 QQmp ET1 "G m•e� �wwr C1S3Z <4Zj�TNZ mviS S C zDvpmcmD f • rQyfOumj ^' F 2us '(•i+ mA cn C�Am1(pjCmSn'O mD nrmOnA m1I I ":-..r}� msv8 TJ y3;7 �e;a' D" *1r�CKj> 4p =B- lgNy. gm mm� + Hd* Q A -� O AA 74 Z Q - FT Tiq'r�-7;4 mn'jAAOT C1' Ipi1 A R I m � G)sCKtn r V '< dmZxm mbli{i AAI "gp ._rmrZ-� UI >zp OANw mdf GAO-y-I�Om 'Ex eNb• > �pm nn I Z 1 f PLAN REVISIONS E 6 i PRICE STREET AND 41 CPUD IAIENWGAILDNEERI}NG I CLIENT:PRICE AND 41,LLC N CPUD MASTER PLAN EXHIBIT"C" >'� - 1 _ Kcj L - s +hubijRf +wi� • I 3 EXHIBIT D LEGAL DESCRIPTION PRICE STREET&41 CPUD a PARCEL 1(PARCEL NO.00727320005) COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TS1S, R25E, AND RUN THENCE ALONG THE WEST LINE OF SECTION 3,S01°01'40"W 155.14'TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. RTE 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 55.31'; THENCE LEAVING SAID RIGHT OF WAY 535°39'44"W 238.10'; THENCE S54°20'16"E 210,00 'TO THE NORTHWESTERLY RIGHT OF WAY OF PRICE ROAD;THENCE ALONG SAID RIGHT OF WAY S35°39'44"W 145.04; THENCE ALONG THE NORTH RIGHT OF WAY OF PRICE ROAD S89°43'40"W 327.91' TO THE WEST LINE OF THAT LAND DESCRIBED IN O.R. 851 PAGE 177, OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE ALONG SAID WEST LINE N0°59'20"E 623.02' TO THE NORTH LINE OF SECTION 4; THENCE ALONG SAID NORTH LINE S 89°52'40"E 108.71' TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. 41 AFORESAID; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 266.16'TO THE POINT OF BEGINNING PARCEL 2(PARCEL NO.00726760006) THE EAST %: OF THE WEST%x OF THE NORTHEAST % OF THE NORTHEAST 'A OF THE NORTHEAST'/ OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 30' THEREOF AND LESS THE WEST 30'THEREOF. PARCEL 3(PARCEL NO.00447880207) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SECTION 33, N89°52'40"W 219.57' TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL (US 41) AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY N54°19'07"W 200.00'; THENCE 535°36'08"W 137.99'; THENCE S0°58'05"W 3.73' TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH SECTION LINE 589°52'40"E 242.85'TO THE POINT OF BEGINNING. THE THREE PARCELS CONTAINING 6.557 ACRES MORE OR LESS. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:August 11,2016 Page 8 of 11 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC PRICE STREET&41 CPUD 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street.This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall.The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts residential property. 3. Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type "B" landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. { { vt it y2 a } g2 { Price Street CPUD—PUDZ-PL2015-0342 Last Revised:August 11,2016 Page 9 of 11 1 i .. . .. .• •• _ : 7.-"-.70 _.. i .....,"!4:',:7:. . • r- . •.:••••••".• '• : r •• - • • : • 1.,.. , .. .. .... . • 4;.. • . .• . • . . . . :... !,... .::: . .... .....•. •.. .•.•• . ..: • . _...; . . 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PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is Price and 41, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and y the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. UTILITIES A. The developer shall connect to the Collier County Water Sewer District(CCWSD)potable water system at locations determined by CCWSD when capacity is available. w B. The project shalt connect to the CCWSD wastewater collection and conveyance system at locations determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at locations determined by CCWSD when capacity is available. 3. TRANSPORTATION A. The development shall be limited to a maximum of 468 two-way unadjusted PM Peak Hour Trips. 8. An interconnection to the parcel to the east, currently a Fifth Third Bank parcel will be provided upon approval by the owner of said parcel. C. The owner, its successors or assigns, shall pay, for its fair share payment of the access improvements at the intersection of U.S. 41 and Price Street/Triangle Boulevard and improvements at Price Street/Waterford Drive/Project access as required by the pending Triangle Boulevard/41 Traffic Study by AIM Engineering (i.e. roundabout conceptual plan at Price Street/Waterford Drive/Project Access and US 41/Price Street Northbound/Westbound and Eastbound turn lane improvements). Prior to site development plan approval, the owner shall post a performance guarantee such as a bond fi or letter of credit in the amount of$33,500.00. Once the study is finalized, any road right- f of-way needed by the County, above and beyond the amount that would be required for compensating right-of-way for site specific turn lanes, shall be valued based on fair market Price Street CPUD—PUDZ-P12015-0342 Last Revised:August 11,2016 Page 10 of 11 3 value and applied as a credit toward the owner's fair share payment upon conveyance of such additional road right-of-way.The owner shall also receive a credit toward the owner's fair share payment for the cost of design of the southern roundabout in the amount not to exceed$8,500,for which invoices must be provided. 4. ENVIRONMENTAL A. The subject site contains approximately 1.83 acres of native vegetation,of which 15%(0.27 acres) is required to be preserved. The native vegetation preservation requirement will be satisfied off-site in accordance with Section 3.05.07.H.1.f of the Land Development Code. 1 ) ) { I Price Street CPUD—PU DZ-PL2015-0342 Last Revised:August 11,2016 Page 11 of 11 5 I ......-c, • .l e 7e1 ty GROWTH MANAGEMENT DEPARTMENT : ZONING DIVISION CONSISTENCY REVIEW MEMORANDUM To: Dan Smith,AICP, Principal Planner,Zoning Services Section From: Corby Schmidt,AICP, Principal Planner, Comprehensive Planning Section Date: September 15, 2016 Subject: Future Land Use Element(FLUE)Consistency Review of Proposed Price Street&41 Commercial Planned Unit Development(2nd memo) 1 ) PETITION NUMBER: PUDZ-PL20150000342 [REV:2] PETITION NAME: Price Street&41 Commercial Planned Unit Development(CPUD) REQUEST: This petition seeks to rezone a ±6.5-acre property from the A (Rural Agricultural District), C-3 I (Commercial Intermediate) and C-4 (General Commercial) zoning districts to the Price Street &41 Commercial j Planned Unit Development (CPUD). LOCATION: The ±6.5-acre property is located north and northwest of Price Street, and south and southwest of US 41,in Section 33,Township 50 South, Range 25 East,and Sections 3 &4,Township 51 South, Range 26 East. s 1 COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Coastal Fringe Subdistrict,), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). 1 CHHA provisions,for the most part,apply to residential development and pose no limitations upon this request. I The subject property is an aggregation of three individual parcels and three different zoning districts, as follows: 1. US 41-fronting, eastern-most 4.3-acre parcel (now C-4) [PIN 0072730005] 2. US 41-fronting triangular 0.33-acre parcel (now C-3) [PIN 00447880207] ] 1 3. Price Street-fronting rectangular 1.94-acre parcel (now A) [PIN 0072670006] I The C-3 and C-4 zoned parcels are deemed"consistent by policy;"as such,they may be developed per their existing zoning;or,may pursue a rezoning subject to the provisions of FLUE Policy 5.1;or,may pursue a rezoning consistent 1 with any applicable FLUE subdistrict. Certain commercial land uses may be allowed under the auspices of the { Office and In-fill Commercial (OIC)Subdistrict[a non-site specific (text based) FLUE designation]. The application s has chosen to utilize the OIC Subdistrict for a portion of the subject property and FLUE Policy 5.1 for the remainder. Provisions of the OIC Subdistrict are listed below,followed by staff analysis [in bold text]. FLUE Policy 5.1 analysis 1 follows after. The intent of the Office and In-fill Commercial Subdistrict is to allow low intensity office commercial or infill commercial development on small parcels within the Urban Mixed Use District located along arterial and collector 2 roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed 1 ] • Attachment 3 1 i i below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict,"abuts"and"abutting" ! excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local s street;and "commercial"refers to C-1 through C-5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban-Mixed Use District. [The subject site is in the Urban-Mixed Use District.] [ b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, i as adopted in the Transportation Element. [The subject site fronts US 41,an arterial road as identified in s the Transportation Element.] l c. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size,the balance of the property in excess of 12 acres is limited 4 to an environmental conservation easement or open space. Under this provision, "open space" shall not a include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. [The PUD rezone is requested for the ±6.5-acre subject property in its entirety. However, only the ±2.6-acre portion (now A &C-3) rezone is based on criteria of the OIC Subdistrict. The remaining ±4.3-acre eastern-most portion (now i C-4) rezone is requested based on FLUE Policy 5.1.] d. The site abuts commercial zoning: g. (i) On one side and that abutting commercial site is not within an infill Subdistrict in the Urban Mixed Use District or the Urban Commercial District;or, ) i (ii) On both sides. 1 [With regard to the ±2.6-acre subject OIC property (now A & C-3), it is determined that it abuts i commercial zoning on 2 sides-to the east(now C-4) and west(now C-3 along US 41),and those parcels are not within an infill Subdistrict.] e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring l jurisdiction. [The abutting commercial zoning is in the unincorporated portion of Collier County.] i f. The depth of the subject property in its entirety,or up to 12 acres for parcels greater than 12 acres in size,for a which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the -' l commercially zoned area is not the same on both abutting parcels,the Board of County Commissioners shall g have discretion in determining how to interpret the depth of the commercially zoned area which cannot be g exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case-by-case basis. [Land lying between US 41 and Price Street is generally wider to the west as the two roadways diverge,and narrower to the east where i the two roadways converge. As a result, lot configurations and depths vary considerably. Some i properties located in this area have lot lines perpendicular to the angled US 41;some properties have lot lines running east-west, meeting US 41 at more-acute angles; some properties have lot lines perpendicular to the angled segment of Price Street, and; yet other properties have lot lines perpendicular to the east-west segment of Price Street. These boundaries run internal to the±6.5-acre subject property in its entirety. With regard to the ±2.6-acre subject OIC property(now A&C-3),depth is measured along the boundary shared by the ±2.6-acre and the ±4.3-acre(now C-4) portions-and is determined to not exceed that on that abutting property.] g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides,the project uses may include those of the highest intensity abutting commercial zoning district. [The ±2.6-acre subject OIC property I 1 9 i -2- i (now A & C-3) abuts commercial zoning on 2 sides (C-3 & C-4), and (this CPUD) may include C-4 commercial zoning district intensity.] is h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its 11 creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. [Per County Property Appraiser records,the ±2.6-acre subject OIC property(now A&C-3) is a combination of the US 41-frontingtriangularpiece of this property and the Price Street-frontingrectangular piece 9 P P ty 9 of this property occurring prior to 1992.] g I. i. For those sites that have existing commercial zoning abutting one side only: 't i ti (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded,except for aggregation of additional properties so long as all other criteria under this Subdistrict z are met; and, (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non-commercial zoning on the other side. [The ±2.6-acre subject OIC property(now A&C-3)abuts commercial zoning on 2 sides(C-3 &C-4),and this provision does not apply.] 1 j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of I additional properties so long as all other criteria under this Subdistrict are met. [With regard to the ±2.6- acre subject OIC property(now A&C-3),this request is the first application of commercial zoning used pursuant to this Subdistrict.] k. Lands zoned for support medical uses pursuant to the"1/4 mile support medical uses"provision in the Urban i A designation shall not be deemed "commercial zoning"for purposes of this Subdistrict. [This criterion is not applicable;the abutting commercial zoning was not obtained via the"1/4 mile support medical uses" 3 provision in the FLUE.] { 1 1. Land adjacent to areas zoned C-1/T on the zoning atlas maps, or other commercial zoning obtained via the 4 former Commercial Under Criteria provision in the FLUE,shall not be eligible for a rezone under the Office and ' Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. [With regard to the ±2.6-acre subject OIC property(now A&C-3), it is not adjacent to areas zoned C-1/T,or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE.] 1 m. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, abutting lands 3 zoned for Business Park uses pursuant to the Business Park Subdistrict,or abutting lands zoned for Research i and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. I [This criterion is not applicable;the surrounding properties are not zoned for these uses or designated as these Subdistricts and this subsection does not apply.] n. At time of development, the project will be served by central public water and sewer. [At time of development,the project will be served by central public water and sewer.] x o. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. [Comprehensive Planning leaves compatibility determinations to the Zoning Services staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the i appropriateness of the requested uses/intensities on the subject site,the compatibility analysis is to be comprehensive and include a review of both the subject property and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, , setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features,amount and type of open space and location,traffic generation/attraction,etc.] • -3- • • p. The maximum acreage eligible to be utilized for the Office and InfiIl Commercial Subdistrict within the Urban Mixed Use District is 250 acres. [Per Comprehensive Planning records, fewer than 150 acres have been rezoned via this Subdistrict.] Provisions of FLUE Policy 5.1 are listed below,followed by staff analysis. FLUE Policy 5.1 states, in relevant part: Ali rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element,as provided for in Policies 5.9 through 5.13,the following provisions apply: a. For such commercially-zoned properties,zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial [and use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district, *** *** text break *** *** *** e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. FLUE Policy 5.1 contains a two-part test. Below is staff's analysis and determination of each part [in italics]. Part I: Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? This evaluation requires a comparison of existing and proposed uses as they are listed in the commercial zoning districts—lowest zoning classification—in the Collier County Land Development Code(LDC). The existing ±4.3-acre (now C-4)portion of the property allows uses permitted by right in the C-4 zoning district. The proposed Price Street &41 Commercial PUD permits some, but not all,of the C-4 uses permissible by right—some C-4 permitted uses are omitted toward ensuring compatibility. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II: Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district(based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district)? This evaluation requires a comparison of public facility impacts from existing and proposed uses. The application does not provide a comparative analysis of public facility impacts; however, staff believes there is no increase in impacts—as uses are the same or lower under the proposed development scenarios. Conclusion:The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis fin bold italicized text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County,the following policies shall be implemented for new development and redevelopment projects, where applicable. —4— I i 1 } Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject site fronts US 41 East and Price Street. Exhibit C,CPUD Master Plan,depicts a single,direct access to US 41 East(Tamiami Trail),classified as a major arterial road in the x Transportation Element, and;a single access point onto Price Street(a local road).] 1 Policy 7.2: j i The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C,CPUD Master Plan,does I not depict any internal accesses or roads. Parts of the development without an access point to US 41 or Price Street as shown on PUD Master Plan will internally connect all uses eventually developed in the PUD.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The site abuts roads on three sides'- US 41 on the north, and Price Street on the east and south sides. A major surface water 1 canal abuts the site along the entire west side, where no interconnection is feasible. The site abuts a single-use commercial property on two non-street fronting sides, located at the southwest corner of the US 41 and Price Street intersection. This adjoining property is not located in the Activity Center and is not part of this PUD rezone request. Interconnection appears to be feasible with this property and is proposed.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces,civic facilities and a range of housing prices and types. [For the most part,this policy has only partial applicability to this non-residential project;as a variety of general commercial use types are .. allowed. With regard to providing walkability,this policy promotes projects that make it safe and convenient to walk t and encourages pedestrian activity. Exhibit C, CPUD Master Plan illustrates an arrangement of individual commercial buildings generally surrounded by auto-oriented parking and circulation areas where vehicles mix with pedestrians. The project will be subject to LDC requirements for provision of sidewalks. Open space will be provided as required per the LDC. Given the size and land uses proposed, the remainder s of these development attributes would not apply.] i : There are no other remarks regarding review of the PUD document or Comprehensive Planning considerations to it note. i Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. i PETITION ON CITVViEW t i cc: Ray Bellows,Zoning Manager, Zoning Services Section i David Weeks,AICP, Growth Management Manager, Comprehensive Planning Section Michael Bosi,AICP, Director,Zoning Division - G Comp\Consistency Reviews12016 s G:\CDES Planning Services\Consistency Reviews\2016\PUDZ\PUDZ-PL2015-342 Price&41 R2 FNL.docx I 1 i 11 1 August 12, 2016 To Whom It May Concern: I own the property at 135 Price Street, immediately west of the proposed Price Street& US 41 CPUD. I attended the neighborhood information meeting in November 2015, and have met with the Applicants regarding their proposal. I understand the land development code was recently changed to require a wall and plantings along our shared property line due to the Wawa gas station proposed. I have reviewed their proposal to provide no wall and additional planting within a 15-foot wide buffer. I have no objections to the alternative buffer they are proposing,and support this project,In fact,I prefer the proposed plantings instead of the masonry wall. Thank you for your consideration. Sincerely, ere Hunt ''f ii iG Attachment 4 1 I Page 1 of 1 From: wckriz@comcast.net -4 Sent: Monday, September 26, 2016 3:42 PM To: SmithDaniel; FialaDonna Cc: Don Madalinsky;Jerry Hartley; George Brinkmoeller;wckriz@comcast.net Subject: 41CUPD Daniel J. Smith - This is in regard to the proposed change in zoning of property located at the corner of US 41 and Price Street. We reside at Eagle Creek and are concerned about the impact of the proposed development on our community. We will be out of town on October 6, the date of the public hearing on the proposed change in zoning, and want our comments to be included in the public record. We note that the development is to include a facility with fuel pumps. Our concern is that fuel storage and pumps would be very close to the drainage canal that flows into Eagle Creek, through the Eagle Creek Community and into Rookery Bay National Estuarine Research Reserve. Any fuel leak or spill on the property could easily flow into the canal and flow downstream to cause environmental damage. Moreover, with recent openings of a service station at the corner of US 41 and Barefoot Williams Road, another at the corner of SR 951 and Manatee Road and yet another at the Walmart on SR 951, there are more than enough service stations to serve the area. We will appreciate your consideration our objections. Willis P. Kriz Carolyn O. Kriz 770 Waterford Dr. Unit 303 Naples, FL. 34113 (239)-732-1982 fi ii 1 file://bcc.colliergov.net/data/GMD-LDS/CDES%20Plannin.g%20Services/Current/Daniel... 9/27/2016