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Agenda 11/15/2016 Item #17E 17.E 11/15/2016 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2001-17, the Granada Shoppes Planned Unit Development by removing outdoor retail nurseries,lawn and garden supply stores (sic code 5261) as a prohibited use; by adding indoor/outdoor retail nurseries,lawn and garden supply stores(sic code 5261) as a permitted principal use; and by adding outdoor display of merchandise during business hours as an accessory use; and providing an effective date. The subject property, consisting of 39.23+/- acres, is located on the southeast corner of U.S. 41 and Immokalee Road in Section 27,Township 48 South,Range 25 East,Collier County,Florida [PUDA-PL20160001981]. OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development Amendment (PUDA) petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Granada Shoppes Planned Unit Development (PUD) currently permits all General Commercial (C-4) permitted uses except for certain specific uses. Among those uses is Outdoor Retail Nurseries and Lawn and Garden Supply Stores (Standard Industrial Classification [SIC] Code 5261). The applicant requests removal of Outdoor Retail Nurseries and Lawn and Garden Supply Stores from the list of exceptions, and its addition to the list of permitted uses. In addition, the applicant requests adding the outdoor display of merchandise during business hours as an accessory use. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan(GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The GMP is the prevailing document to support land use decisions such as this proposed PUD Amendment application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the Future Land Use Element (FLUE) and the Future Land Use Map (FLUM) designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed in the attached CCPC Staff Report. Staff believes that the proposed Amendment may also be found consistent with the FLUE, GMP Transportation Element, and the Conservation and Coastal Management Element. Therefore, the Zoning Division staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. Packet Pg.2015 17.E ,, 11/15/2016 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on October 20,2016. The CCPC heard testimony from the applicant's agent and County staff. A motion was made by Commissioner Schmidt and seconded by Commissioner Homiak to recommend approval, with the stipulation that "on the sidewalk area" be added to describe the area for outdoor display of merchandise. The motion passed by a vote of 5-0. LEGAL CONSIDERATIONS: This is an amendment to the existing Granada Shoppes PUD (Ordinance No.2001-17). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development(as proposed) for the purpose of assuring the adequacy of available improvements and facilities,both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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 Packet Pg.2016 I 17.E 11/15/2016 regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core"question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 1 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. i 3 t Packet Pg. 2017 17.E 11/15/2016 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety,and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons,and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board approves the Granada Shoppes PUD Amendment, subject to the attached PUD Ordinance. Prepared by: Fred Reischl,AICP,Principal Planner,Zoning Division,Growth Management Department ATTACHMENT(S) 1.9C-Staff report PUDA-PL20160001981-Granada Shoppes PUD (PDF) 2.Ordinance- 102416 (PDF) 3. [Linked] 9C-Application PUDA-PL20160001981-Granada Shoppes PUD (PDF) 4.Legal Ad-Agenda ID 2193 (PDF) Packet Pg. 2018 I 17.E 11/15/2016 1COLLIER COUNTY , 0Board of County Commissioners Item Number: 17.E Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2001-17, the Granada Shoppes Planned Unit Development by removing outdoor retail nurseries, lawn and garden supply stores (sic code 5261) as a prohibited use; by adding indoor/outdoor retail nurseries, lawn and garden supply stores (sic code 5261) as a permitted principal use; and by adding outdoor display of merchandise during business hours as an accessory use; and providing an effective date. The subject property, consisting of 39.23+/- acres, is located on the southeast corner of U.S. 41 and Immokalee Road in Section 27,Township 48 South,Range 25 East, Collier County,Florida [PUDA-PL20160001981]. Meeting Date: 11/15/2016 4 Prepared by: Title: Planner,Principal—Zoning Name: Fred Reischl 10/19/2016 8:02 AM I Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 10/19/2016 8:02 AM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 10/25/2016 10:39 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/25/2016 10:52 AM Zoning Michael Bosi Additional Reviewer Completed 10/26/2016 7:56 AM Growth Management Department James French Additional Reviewer Completed 10/26/2016 6:26 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/27/2016 2:07 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/01/2016 4:03 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2016 8:37 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 10:03 AM Budget and Management Office Mark lsackson Additional Reviewer Completed 11/02/2016 10:13 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 11:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM 1 0 Packet Pg. 2019 (saddogs epeue.ip : £66Z) and seddogs epeue.J0-1.861.0009iond-vand luodei}}e;s-06 :;uewgae;;d � N w O AGENDA ITEM 9-C a m . NerisCo er County a � STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 20,2016 SUBJECT: PUDA-PL20160001981: GRANADA SHOPPES PUD 4'. PROPERTY OWNER,APPLICANT&AGENT: Owner/Applicant: Agents: Ocean Boulevard Partnerships,LLLP Richard D.Yovanovich, Esq. 2600 Golden Gate Parkway Coleman, Yovanovich&Koester,P.A. Naples,FL 34105 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 D. Wayne Arnold,AICP Q. Grady Minor&Associates, P.A. 3800 Via Del Rey Bonita Springs,FL 34134 REQUESTED ACTION: The Granada Shoppes Planned Unit Development(PUD)currently permits all General Commercial(C-4) permitted uses except for certain specific uses. Among those uses is Outdoor Retail Nurseries and Lawn and Garden Supply Stores(Standard Industrial Classification[SIC] Code 5261). The Applicant requests removal of Outdoor Retail Nurseries and Lawn and Garden Supply Stores from the list of exceptions, and its addition to the list of permitted uses. In addition,the Applicant requests adding the outdoor display of merchandise during business hours as an accessory use. GEOGRAPHIC LOCATION: The subject property is 39.23±acres in size and is Iocated in the southeast quadrant of the intersection of U.S. 41 and Immokalee Road. The site is within the boundaries of Activity Center Number 2. The site is currently developed with a shopping center.(See location map on the following page). PURPOSE AND DESCRIPTION OF PROJECT: The Granada Shoppes PUD was approved on March 27,2001 as a commercial projectwith a maximum of 300,000 square feet of retail commercial uses.The proposed amendment would add a commercial use and would not affect the maximum square footage or development standards. Granada Shoppes PUD,PUDA-PL20160001981 Page 1 of 10 October 20,2016 CCPC (seddoyg epeueaD : £64Z) and seddoyg epeueias 0-4964000940fd-Vand Podai}}e;g-36 :;uewyoeWy N Ili0 CNI„... ,,.... (1----•--"------ IV ' ' r ill' { '0..D CI . I w in '-------.'-' a) „,, ,s0.17-7. ,, MI a , ta,-) 0 I • . cc a. ui 0 11\41....,, 4,,,,,,,,,,,,,,,,: —., i' “ El i ' Willi ii P I I tilt 4 MN 4 c\\\ Mob— A I . al= ,/' ,.. ml, 4 ®��0�� ® rely Ea Cti r 1 ®a - o w N IN Will EN 1191h /I se irm in gm /.”- aagmlutk it N`® -.2.1 iii; mem'. IWO m « WIWI r mm Es mm m® g:. iji . MI NI L9 m mQ:t m® mem EE m� ern . ®® MI OF1 m rani m.Q. � , m� .7f 3` m mEn mm mm $ m MIN sn m!!1 cnn. mm ® m� mu ®o.. (0 Ia. .p . mm eam cs.® MIR Ern EMI « firClirli CO ma,. ®'® . m lip OM m® Kiwi ®m cram `OM . ca®;.�_• ®® CD J EL 0 — .1 Z a) F i r i� I Z E-FRANK O v O I GO +,, ujip ODLETT I , i I i N1l}u 12 i . � � ! I ' CO0 ! 0 , 2 4 j i 1c \/ . (seddoyg epeuei9 : £64Z) and seddoys epeuea9-4864000940Z1d-Vand podai}}e}s-36 :;uawyoe41V �, ca N L o F- N 1 a pi ii 0 PJ he E z i a f Q N o O N $ th q w 0 u z z . I ,_ N moo ft c s c r Z qY a ' o 6 a ' re _ 182 E C :, 5 ,,34,, Ali— 5 d6 .ffj i 4104-70*" k I 1 .1 ° Alla SIP . '• A,,,,,3915fm.rJ e.orw i' Q I ..•. is Co, ' itill, � -4 ,.,.,? f,,,§ 411044, w4i q • - AR 1 O eine 3svrnaaniu I NW/Tripp , o q V ...tee OM1 i ' ' i PM i '''t.,41 01, P aim IP1 ''1: P L'IU 1.' �� 7„ i gi[ mom HIEN iliggia t ,, 1 4 I - III r. dP _ il I►.&ix 1 IM - a e O O 0 ri tif. 11 .° (seddogS epeueao : c66Z) and seddoyg epeueJ9-1-861.000940Z1d-Vafld taodea j4e1g-36 :iuewyael4tf el c © W N ti SURROUNDING LAND USE AND ZONING: ct0 North: Immokalee Road ROW,across which is the Riverchase Shopping Center,a part of Collier Tract 22 PUD; intensity: 270,000 square feet of retail commercial. East&South: The developed Naples Daily News BPPUD; a maximum of 400,000 square feet of business park uses. West: Tamiami Trail North (U.S. 41) ROW, across which are developed parcels; zoned Commercial Intermediate(C-3);intensity: per LDC Section . . '—w "` •. 1.4",i r r � y E w 4 m r t , . prd i - ' rri i 1 4 4. I .'.',4:1 •''''• ' '4, , ., , , 1 .„. t ,, J A 3y 1 Yn C) 1 :. -, ' ' , ',. ' * • ' 10191hAVE44r III .„°," 1 '. - ,e - c a V a d 1,P }T},, ,: ,i ', x r a "J t 4. ty :1O?1 AVL N a ' , t • G " .,' , .._ C „rr, . 1 1alk G 3r It1i 2, ,* • pia T�4 _,/,,.... ^ kl t`"� a 'I A � f.a. '. :. ! X14.7� f - u.. esr .4,4 .yd.''.a" Aerial Photo(COPA) GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The Granada Shoppes PUD was determined to be consistent with the GMP at the time of the original rezone. Staff reviewed the proposed amendment to determine if the petition can be found consistent with the goals, objectives, and policies of the overall GMP. , L. Granada Shoppes PUD,PUDA-PL20160001981 Page 4 of 10 October 20,2016 CCPC (saddogS epeueiD : £6l.Z) and saddogS epeueJO-l861.0009,0Zld-ttafld iodaa ne1S-96 :tueuayoe;ty U.! N N T a, a CD CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME): The proposed ta amendment to the PUD will have no effect on the requirements of the CCME. a FUTURE LAND USE ELEMENT (FLUE): The proposed PUDA may be deemed consistent with the FLUE of the Growth Management Plan. TRANSPORTATION ELEMENT: Transportation Planning staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection, 10.02.08 F.,Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"),which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC,who in turn use the criteria to support their action on the rezoning request.An evaluation relative to these subsections is discussed below. In addition, staff offers the following analyses. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to for environmental sufficiency. 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 currently developed with a small preserve located in a stormwater management area adjacent to U.S.41.The preserve is also depicted in the PUD document(Ordinance 01-17). , J Transportation Review:Transportation staff reviewed the PUD and found the Level of Service acceptable. Zoning Review: The Applicant wishes to add a use to the existing PUD.The subject site is within a Mixed Use Activity Center(Number 2). FINDINGS OF FACT: This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E.1.b, "a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development." PUD Findings: LDC Subsection 10.02.13.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): I. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the addition of SIC Code 5261 is a compatible use of a PUD within a Mixed Use Activity Center. The addition will not have a major effect on traffic and other infrastructure. 2.Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or Granada Shoppes PUD,PUDA-PL20160001981 Page 5 of 10 October 20,2016 CCPC (saddoyg epeue.io : £66Z) and saddogg epeuea0-t.96400091.0Z1d-Vafld podei ile4S-36 :tuawyoelld N 1 W N N- ii 0- .i... CD ..se provisions to be made for the continuing operation and maintenance of such areas and facilities that are co not to be provided or maintained at public expense. a Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan(GMP). Staff has reviewed this petition and has determined that this amendment to add a use does not affect the PUD's consistency with the GMP,therefore,staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed change is the addition of a use. Staff believes that the approval of this amendment will not cause any compatibility issues. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The Applicant proposes to add a use.Open space will not be affected. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. NomeIt is staff's opinion that the addition of a new use as a permitted use will not affect public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The addition of the proposed use is consistent with the uses in a Mixed Use Activity Center. 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 proposed amendment is consistent with the uses in a Mixed Use Activity Center. Rezone Findings:LDC Subsection 10.02.08.F.states,"When pertaining to the rezoning of land,the report and recommendations from the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable"(Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed use is consistent with the uses in a Mixed Use Activity Center.Staff recommends that this petition be deemed consistent with the GMP. C2. The existing land use pattern. Granada Shoppes PUD,PUDA-PL20160001981 Page 6 of 10 October 20,2016 CCPC (seddogs epeueio : £66Z) and seddogg epeuea9-1.8660Z 000941d-1.861.0009 ne1S-36 :;uewgoe;;yco Cs N W ti N CL y 0 The existing land use pattern was reviewed and approved at the time of the original rezone. The o. proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No new districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Staff believes that this location is appropriate for a home and garden supply store in addition to the approved commercial uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood The Granada Shoppes PUD does not abut any residential zoning. 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. Transportation staff reviewed the PUD and found the Level of Service acceptable. 8. Whether the proposed change will create a drainage problem. The PUD is required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The site planning process,PUD dimensional standards,and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Since the Granada Shoppes PUD is existing, the proposed amendment should not be a deterrent to the improvement of adjacent properties. Granada Shoppes PUD,PUDA-PL20160001981 Page 7 of 10 October 20,2016 CCPC (seddogS epeueao : £61-Z) and seddogg epeue.J0-1.86.0009l.oZ1d-vafid podei}le3S-06 :luauayaeii' N R 0 W N N: till11 Y o 0 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as a. contrasting with the public welfare. The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is !' further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property has been developed within the parameters of the existing land-uses; however, the addition of a new use to the currently permitted uses will be consistent with the uses in a Mixed Use Activity Center. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The 1 GMP is a policy statement which has evaluated the scale,density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. (10, 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permWing such use. There are other parcels in the County suitable for commercial uses. However,a Mixed Use Activity Center is deemed to be a place for diverse commercial uses. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal,state,and local development regulations during the site development plan approval process and again as part of the building permit process. However,since the site is currently developed,this process will be minimal. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff who is responsible for jurisdictional elements of the GMP as part of the PUB process and staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (Board)shall deem important in the protection of the public health, safety, and welfare. _ co, To be determined by the Board during its advertised public hearing. Deviation Discussion: 1 i, Granada Shoppes PUD,PUDA-PL20160001981 Page 8 of 10 October 20,2016 CCPC (seddoys epeueio : £66Z) and seddoys epeue10-1.86600091.0nd-t/afld podei}}e4s-36 :ivauayoefl co co c ui a 4.1The petitioner is not seeking approval of any deviations from the requirements of the LDC. o- ENVIRONMENTAL ADVISORY COUNCIL(EAC)REVIEW: This project does not require review by the EAC since the project did not meet the EAC scope of land development project reviews. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held on September 22,2016 at 5:30 PM at the Vanderbilt Presbyterian Church. Questions were asked, but no objections were voiced. The NIM transcript is attached as part of the back-up. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on October 6,2016. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-PL20160001981 to the Board with a recommendation of approval. Attachments: Draft Ordinance Application&Support Material 041010 h PREPARED BY: Granada Shoppes PUD,PUDA-PL20160001981 Page 9 of 10 October 20,2016 CCPC (seddotis epeue-10 C612) and seddogs epeue.19-1.861,00091-0Z1d-Vaild podei jjelS-36 luowl-13e41V C•1 C•1 th a) RS PREPARED BY: FRE AK" SCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: / o 5 ////- RAYMOND Ve ELLOWS,ZONING MANAGER DATE ZONING DIV ION /0-S- / MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: .0410,0steo- 1/11 "". 6/ .0- 1 FRENCH,DEPUTY DEPARTMENT HEAD DATE . •W,TH MANAGEMENT DEPARTMENT 7-/Z1:4 /0140/6 DAVID S. WILKISON,DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the November 15,2016 BCC Meeting. Granada Shoppes PUDA-PL20160001981 Page 10 of 10 October 20,2016 CCPC 17.E.b ORDINANCE NO. 16 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-17, THE GRANADA SHOPPES PLANNED UNIT DEVELOPMENT BY REMOVING OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS A PROHIBITED USE; BY ADDING INDOOR/OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS A PERMITTED PRINCIPAL USE; AND BY ADDING OUTDOOR DISPLAY OF MERCHANDISE DURING BUSINESS HOURS AS AN ACCESSORY USE; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 39.23+/- ACRES, IS LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD IN SECTION 27, TOWNSHIP 48 Q SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PUDA- PL201600019811 n WHEREAS, on February 27, 2001, the Board of County Commissioners approved i� co) Ordinance No. 01-17, which established the Granada Shoppes Planned Unit Development (PUD); and N O WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates and Richard Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Ocean Boulevard c f. Partnership Associates, LLLP, petitioned the Board of County Commissioners of Collier County, o Florida, to amend Ordinance 2001-17,the Granada Shoppes PUD. cc NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 3.3, Permitted Uses and Structures, of the Planned Unit Development Document of Ordinance Number 2001-17, Granada Shoppes PUD. Section 3.3, Permitted Uses and Structures, of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 2001-17, the Granada Shoppes PUD, is hereby amended as follows: [16-CPS-015931 59 Granada Shoppes/PUDA-PL20160001981 Page 1 of 3 10/24/16 Packet Pg. 2030 17.E.b 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: } A. Permitted Principal Uses and Structures: 1. All permitted uses in the C-4 Zoning District of the Collier County Land Development Code, as of March 27,2001, except: a) Agricultural Services (groups 0711-0783) b) Amusements and Recreation (Outdoor-groups 7948, 7992, 7996 and 7999) 3 N c) Automotive Repair Facilities (7532-7539) Q o- 0 d) Hospitals (8062-8069) v fts e) Membership Organizations (8611-8699) c i0 gf) Marinas (4493) hg) Pawnshops(5932) o Ih) Group Care Facilities c R 2. Kiosk Vendors Ts 0 3. Indoor/Outdoor Retail Nurseries, Lawn and Garden Supply Stores (5261) c E 34. Retail Home and Garden Centers (5211, 5251) 0 co Zi B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Outdoor dining shall be permitted as an accessory use to the hotel and to a restaurant, provided adequate pedestrian accessibility is provided. 3. Outdoor display of merchandise on the sidewalk area is permitted during business operation hours. 1 116-CPS-015931 59 Page 2 of 3 Granada Shoppes/PUDA-PL20160001981 10/24/16 Packet Pg.2031 17.E.b SECTION TWO: Effective Date. (No 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 i 0 U) Approved as to form and legality: o(N opt c74 Heidi Ashton-Cicko t°V2 Managing Assistant County Attorney N O c U C f6 C V 0 4- C W E .0 C.) CU 4- [16-CPS-01593]59 Granada Shoppes/PUDA-PL20160001981 Page 3 of 3 10/24/16 Packet Pg. 2032 Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com August 30, 2016 Fred Reischl, AICP Principal Planner Zoning Services, Planning & Zoning Department Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Granada Shoppes CPUD Amendment – PL20160001981 Dear Mr. Bellows: On behalf of our client, Ocean Boulevard Partnership, LLLP , we are submitting an application for an Amendment to a PUD for the above referenced project. The proposed amendment to the Granada Shoppes CPUD is being requested in order to revise the permitted list of uses to permit indoor/outdoor Retail Nurseries and Lawn and Garden Supply Stores. The accessory use section has been revised to limit outdoor display of merchandise during normal business hours only. Please contact either Richard Yovanovich at 435-3535 or me if you have any questions. We look forward to working with you on this exciting industry expansion project. Sincerely, D. Wayne Arnold, AICP Enclosures Cc: David Genson Richard D. Yovanovich, Esq., GradyMinor File COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: ___________________ Cell: ____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: __________________ Cell: _____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff 4/15/2015 Page 1 of 16 ✔ Ocean Boulevard Partnership, LLLP 2600 Golden Gate Parkway Naples FL 34105 239.403.6804 dgenson@barroncollier.com D. Wayne Arnold, AICP / Richard D. Yovanovich Q. Grady Minor and Associates, P.A. / Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239.947.1144 warnold@gradyminor.com / ryovanovich@cyklawfirm.com COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership 4/15/2015 Page 2 of 16 Please see Exhibit 1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: _________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 4/15/2015 Page 3 of 16 1988 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: x If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; x The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and x The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ 4/15/2015 Page 4 of 16 CPUD CPUD Retail and Commercial Retail and Commercial Granada Shoppes PUD 2001-017 27 48S 25E Please see Exhibit 2 Please see Exhibit 3 39.23+/- Southeast quadrant of Immokalee Road and Tamiami Trail North (U.S. 41) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ 4/15/2015 Page 5 of 16 Collier Tract 22 PUD Retail, Commercial, Offices and residential Naples Daily News BPPUD and Pelican Marsh PUD Naples Daily News, golf course and residential Naples Daily News BPPUD and Pelican Marsh PUD Naples Daily News, golf course and residential C-3 Commercial, Retail Offices Pelican Marsh Community Development District Mr. Gordon M. Brown, 1853 Timarron Way 34108 The Foundation at Pelican Marsh 1504 Pelican Marsh Boulevard 34109 Collier's Reserve Association, Inc. 1715 Colliers Reserve Drive 34110 Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkway 34105 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. 4/15/2015 Page 7 of 16 No COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments Pre-application meeting notes Affidavit of Authorization, signed and notarized 2 Notarized and completed Covenant of Unified Control 2 Completed Addressing Checklist 2 Warranty Deed(s) 3 List Identifying Owner and all parties of corporation 2 Signed and sealed Boundary Survey 4 Architectural Rendering of proposed structures 4 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Statement of Utility Provisions 4 Environmental Data Requirements pursuant to LDC section 3.08.00 4 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 Traffic Impact Study 7 Historical Survey 4 School Impact Analysis Application, if applicable 2 Electronic copy of all required documents 2 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Checklist continued onto next page… 4/15/2015 Page 11 of 16 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised PUD document with changes crossed thru & underlined Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Ryan Utilities Engineering: Kris VanLengen Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 Legal Advertising Fees: o CCPC: $925.00 o BCC: $500.00 School Concurrency Fee, if applicable: 4/15/2015 Page 12 of 16 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 o Mitigation Fees, if application, to be determined by the School District in coordination with the County *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. All checks may be made payable to: Board of County Commissioners 4/15/2015 Page 13 of 16 Granada Shoppes CPUD Exhibit 2 Legal Description August 24, 2016 Page 1 of 1 Granada Shoppes CPUD Exhibit 3 Property I.D. Numbers August 24, 2016 Page 1 of 1 Parcel ID Property Owner Street Number Street Name 167800004 OCEAN BOULEVARD PARTNERSHIP 1000 IMMOKALEE RD 168042308 OCEAN BOULEVARD PARTNERSHIP 1000 IMMOKALEE RD 168042405 OCEAN BOULEVARD PARTNERSHIP 10940 TAMIAMI TRL N 168042502 OCEAN BOULEVARD PARTNERSHIP 10750 TAMIAMI TRL N 168047002 OCEAN BOULEVARD PARTNERSHIP 950 IMMOKALEE RD 168042609 OCEAN BOULEVARD PARTNERSHIP II 10620 TAMIAMI TRL N 168042803 OCEAN BOULEVARD PARTNERSHIP II 10630 TAMIAMI TRL N 168043006 OCEAN BOULEVARD PARTNERSHIP II Granada Shoppes CPUD Exhibit 4 Evaluation Criteria August 29, 2016 Page 1 of 2 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The applicant is proposing to amend the existing Granada Shoppes PUD in order to allow indoor/outdoor retail nurseries, lawn and garden supply stores (5261) as a permitted use. The applicant proposes to permit outdoor display only during business hours. PUD Rezone Considerations (LDC Section 10.02.13.B) a. 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 Granada Shoppes is an established commercial retail center, which has been developed and approved for a commercial and retail uses. Infrastructure is in place to serve the existing and proposed uses. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant controls developed and undeveloped land within the Creekside Commerce Park PUD. c. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) The Granada Shoppes is an existing PUD, which permits commercial and retail uses. d. 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 proposed uses are compatible with uses existing and permitted within the Granada Shoppes PUD, as well as uses that exist adjacent to the project. Granada Shoppes CPUD Exhibit 4 Evaluation Criteria August 29, 2016 Page 2 of 2 e. The adequacy of usable open space areas in existence and as proposed to serve the development. The Granada Shoppes PUD master plan identifies open space, which meets or exceeds the LDC requirements for open space for commercial development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Granada Shoppes PUD is an existing PUD which is surrounded by zoned and developed land. Expansion of the PUD boundary is not anticipated. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD amendment proposes to eliminate a currently prohibited use of outdoor retail nursery, lawn and garden center. This use is a permitted use in the C-4 Zoning District and the property is located in Activity Center #2. The Activity Centers are designed to accommodate a full range of commercial land uses. No deviations from the LDC are proposed in this amendment application. tuCOLTIER COUNTY GOVERNMENT 28OO NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPIES, FLORIDA t4LO4 www.colf iersov.net 12391252'2400 Pre-Application Meeting Notes Petition Type:PUDA Date and Time:August 24,2016 at 10:30 trred ReischlAssigned Planner: Engineering Manager (for PPL's and FP's|: Project Information Project Name:Granada Shoppes pr- *: 20160001981 Property lD o. multiple current Zoning: PUD project Address: lmmokalee & US41 city: Naples state: FL zip: - Applicant: Q' Grady Minor Agent Name: D' Wayne Arnold Phone: 947-1144 Agent/Firm Address: 3800 Via Del Rey city; Bonita Sprinss state: FL zip2 34134 Property Owner:Ocean Boulevard Partnership Please provide the following, if applicable: i. TotalAcreage: 39'23 ii. Proposed # of Residential units: N/A iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. lf there is an Ordinance or Resolution associated with this project, please indicate the type and number:Ord. 01-1 7 vi. lf the project is within a Plat, provide the name and AR#/PL#: N/A aeh*c.,wmty& COTLI ER COUNTY GOVERNMENT GROWTH MANAG EM ENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34LO4 (2t912s2-24O0 Meeting Notes COLTI ER COUNW GOVERNMENT GROWTH MANAGEM ENT DEPARTMENT www.colliergov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 123912s2-24OO Pre-Application Meeting Sign-ln Sheet pL#: eo(oeo lW Collier County Contact Information: Name Review Discipline Phone Email ! chris Alcorn Utility Billing 821-8136 chrisalcorn@colliergov. net I David Anthony Environmental Review 252-2497 davidanthony@col I iergov. net n Summer Araque Environmental Review 2s2-6290 su m merbrowna raq ue@col liergov. net n Steve Baluch, P.E.Transportation Planning 252-2361 StephenBaluch @colliergov. net f, Laurie Beard Transportation PathwaYs 252-5782 Lau riebea rd @col liergov.net L-l Rachel Beaslev Zoning Services 252-8202 rachelbeaslev@col liereov. net tl Marcus Berman County Surveyor 252-688s MarcusBerman@colliergov.net f Mark Burtchin ROW Permitting 252-576s markbu rtchin @coll iergov. net n George Cascio Utilitv Billine 252-5543 eeorsecascio@col liereov. net ff neiuiAshton cicko Manaeins Asst. Countv Attornev 252-8773 heidiashton @colliergov.net -k sr" Faulkner Comprehensive Planning 252-5715 suefa u I kn er @ co I li ergov. net ! Dale Fev North Naoles Fire s97-3222 dalefev@colliersov.net l-l Paula Fleishman lmpact Fee Administration 252-2924 paulafleishman @colliergov.net ll Nancv Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ! Shar Hineson East Naples Fire District 687-5650 shingson @ ccfco.org ! John Houldsworth Eneineerins Services 252-5757 johnhouldsworth@colliergov. net Ll Jodi Hushes TransDortation Pathwavs 252-5744 iodihuehes@colliergov.net T Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net tl Eric Johnson, AICP,CFM Zoning Services 252-293L ericiohnson @col liergov. net n )darcia Kendall Comprehensive Planning 2s2-2387 marciakendall@colliergov.net M stephen Lenberger Environmental Review 252-29L5 stevelenberger@col liergov. net l--l Garrett Louviere Stormwater 252-2526 ga rrettlouviere@col liergov. net t-.i Paulo Martins Utilities 252-4285 pa u loma rti n s (o col I i e reov. net n Thomas Mastroberto Fire Safetv 252-7348 Thomasma stroberto@col I iergov.net t I Jack McKenna, P.E.Engineerine Services 252-2977 jackmckenna @col liergov. net Ll Matt Mclean, P.E.Principal Proiect Manaser 252-8279 matthewmclea n @col liergov. net ll Gilbert Moncivaiz Utility lmpact Fees 252-4275 gilbertmoncivaiz@colliergov. net tl Annis Moxam Addressing 252-5519 annismoxam@colliereov.net n Stefanie Nawrocki Planning and Zoning 252-2313 Stefan ieNawrocki @col liergov. net |] Jessica Huckeba CAD Technician 252-231-5 JessicaHuckeba @colliergov. net ! Brandv Otero Transit 252-58s9 bra ndyotero@col liergov, net COLTIER COUNTY GOVERNMENT GROWTH MANAGEM ENT DEPARTMENT www.collierFov.net Additional Attendee Contact Information: 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 123912s2-24OO L,l Bill Pancake North Naples Fire s97-3222 billpancake@col liergov. net n Brandi Pollard Utility lmpact fees 252-6237 brandipolla rd@col I iergov. net E]/ fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov. net n Brett Rosenblum, P.E.Utility Plan Review 252-2905 brettrosenblu m @col liergov. net n Edwin sanchez Fire Review 252-75t7 edwinsanchez@col I iergov. net fr Michaelsawver Transportation Planning 2s2-2926 michaelsawver@col liergov. net ! Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@coll iergov. net L_l chris Scott, AlcP Plannine and Zoning 252-2460 chrisscott@col liergov. net n Peter Shawinskv Architectural Review 2s2-8523 PeterShawinsky@col liergov. net I Danielsmith, AICP Zoning Services 252-43L2 danielsmith@colliergov.net ! Ellen Summers Planning and Zoning 252-tO32 EllenSu mmers@coll iergov.net n Scott Stone Assistant Countv Attornev 252-8400 scottstone@colliereov. net Ll Mark Strain Hearing Examiner/CCPC 252-4446 markstrain @col liergov.net n chad Sweet Transportation 252-5687 chadsweet@ collierogv.net Ll Mark Templeton Landscaoe 252-2475 ma rktempleton @col liergov. net n Jon Walsh Buildins Review 252-2962 ionatha nwalsh @colliergov.net ! David Weeks. AICP Comprehensive Planning 252-2306 davidweeks@col liersov.net L-l Kirsten Wilkie Environmental Review 252-55L8 kirstenwilkie @colliersov. net L-i ChristineWilloushbv Plannins and Zonins 252-5748 ChristineWilloughbv@col liergov.net riJ c,^\,-, '.LQ c Zla lz^- III' i 2 3-4-92 v-S2-16 32-415 a 5-25-9J PUD-gJ-r 9J-275 7-27-9f, d-t2-7 EXr. 9f,-2tJ5 1-24-95 PUD-S4-9 95-47 r-24-95 R-gJ-r 95-71a 5-23-95 i-95-2 9s-33I 9-26-95 PU0-94-9(r) S5 554ro 9-26-15 oo^-95-2 9s-555fi 11-23-95 P!0-94-0(1) 05 7rr2 r0-21-97 P!D-97-1J 97-5113 il-r0-94 ruo-94-r4 ga-sr 15 2 10-94 ruD 95 1(5) 93-fi16 5-r-99 00A S9-r 99-?gr7 5-r1-99 PUD-93-(4) 99,3316 12-r4-99 ruo-9J-r(5) 99-90rg r2-1r-99 004-99-4 99-473e6-r{1) o1-r721 12-11-02 PUOA-42-AR-256J 02-1122 12-11-42 DOA-42-AR-2fi6 02-972J r0 2G06 PUDA-o5-AR 3AJ2 06 I?4 r0-24-S PUDZ-05-AF-aB3 06-4925 a-r2-r1 PUDA-PL-10-454 11-0926 5-r2 13 PUDA-PL t2 111 13-24 4528NTAMIAMi TRAL NORTH (U.S. ROUTE 41) ovor tNVrJ-f$llcooc z 2 - e6 g g- : dB 8 "l - q> X 3;n:ad a; 6 ga N;! H 6: ?; o oa z I q oz =! nzo zo c)o--nn a)oCzj I-on U t"it:,",.,,,,,5 6 Ho ^!oc !c tr, 3 ': i ; ! 3eo iAn! 1i;c;F o, 9int 0l t:1 \3', \a tsvr olv lrnoa lorsllllc COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 2 Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Granada Shoppes PUD August 9, 2016 Page 1 of 1 Parcel List Parcel ID Property Owner Street Number Street Name 167800004 OCEAN BOULEVARD PARTNERSHIP 1000 IMMOKALEE RD 168042308 OCEAN BOULEVARD PARTNERSHIP 1000 IMMOKALEE RD 168042405 OCEAN BOULEVARD PARTNERSHIP 10940 TAMIAMI TRL N 168042502 OCEAN BOULEVARD PARTNERSHIP 10750 TAMIAMI TRL N 168047002 OCEAN BOULEVARD PARTNERSHIP 950 IMMOKALEE RD 168042609 OCEAN BOULEVARD PARTNERSHIP II 10620 TAMIAMI TRL N 168042803 OCEAN BOULEVARD PARTNERSHIP II 10630 TAMIAMI TRL N 168043006 OCEAN BOULEVARD PARTNERSHIP II GRANADA SHOPPESTamiami TRL NImmokalee RD Creekside BLVD BENT G R A S S B N D Crosspointe DR 104th AVE N 105th AVE N 103rd AVE N 111th AVE N 106th AVE N 110th AVE N 109th AVE N Arthrex BLVD102nd AVE N 107th AVE N 108th AVE N COMMONS PLBarcarmil W A Y 8th CT ETamiami TRL NSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community ´ Granada Shoppes PUD Location Map SUBJECT PROPERTY Granada Shoppes CPUD Exhibit 2 Legal Description August 24, 2016 Page 1 of 1 Words underlined are additions; words struck through are deletions Granada Shoppes PUD, PL20160001981 Last Revised 08/24/2016 Page 1 of 3 Granada Shoppes PUD Amend Ordinance Number 2001-17 TITLE PAGE OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2001- 17, PELICAN MARSH COMMUNITY PUD, IS HEREBY AMENDED AS FOLLOWS: GRANADA SHOPPES A PLANNED UNIT DEVELOPMENT 39.23± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: GRANADA SHOPPES ASSOCIATES, LIMITED Amendment Prepared By: YOUNG, van ASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 AUGUST, 1998 Amended August 2016 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. VIA DEL REY, BONITA SPRINGS, FL 34134 and COLEMAN, YOVANOVICH AND KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 PREPARED FOR: OCEAN BOULEVARD PARTNERSHIP, LLLP and OCEAN BOULEVARD PARTNERSHIP II DATE APPROVED BY BCC 11-10-98 ORDINANCE NUMBER 98-91 DATE FILED AMENDED BY ORDINANCE 2001-17 Words underlined are additions; words struck through are deletions Granada Shoppes PUD, PL20160001981 Last Revised 08/24/2016 Page 2 of 3 SECTION III, ENTITLED “COMMERCIAL” OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2001-17, GRANADA SHOPPES PUD, IS HEREBY AMENDED AS FOLLOWS: SECTION III COMMERCIAL *** *** *** *** *** Text break *** *** *** *** *** 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. All permitted uses in the C-4 Zoning District of the Collier County Land Development Code, as of March 27, 2001, except: a) Agricultural Services (groups 0711-0783) b) Amusements and Recreation (Outdoor-groups 7948, 7992, 7996 and 7999) c) Automotive Repair Facilities (7532-7539) d) Hospitals (8062-8069) e) Membership Organizations (8611-8699) f) Outdoor Retail Nurseries, Lawn and Garden Supply Stores (5261) gf) Marinas (4493) hg) Pawnshops(5932) ih) Group Care Facilities 2. Kiosk Vendors 3. Indoor/Outdoor Retail Nurseries, Lawn and Garden Supply Stores (5261) 34. Retail Home and Garden Centers (5211, 5251) B. Permitted Accessory Uses and Structures Words underlined are additions; words struck through are deletions Granada Shoppes PUD, PL20160001981 Last Revised 08/24/2016 Page 3 of 3 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Outdoor dining shall be permitted as an accessory use to the hotel and to a restaurant, provided adequate pedestrian accessibility is provided. 3. Outdoor display of merchandise is permitted during business operation hours. Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com September 2, 2016 RE: Neighborhood Information Meeting (NIM) PUDA-PL20160001981, Granada Shoppes PUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of a Planned Unit Development (PUD) Amendment, by Ocean Boulevard Partnership, LLLP and Ocean Boulevard Partnership II, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., for the following described property: The subject property is comprised of approximately 39.23± acres, located on the southeast quadrant of Tamiami Trail (U.S. 41) and Immokalee Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Ocean Boulevard Partnership, LLLP and Ocean Boulevard Partnership II are asking the County to approve this application, which proposes to amend the PUD to revise the permitted list of uses to permit indoor/outdoor Retail Nurseries and Lawn and Garden Supply Stores. No additional square footage is being requested. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed PUD amendment for the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Thursday, September 22, 2016, 5:30 pm at Vanderbilt Presbyterian Church, Harp Hall, 1225 Piper Boulevard, Naples, FL 34110 If you have questions or comments, they can be directed by e-mail, phone, fax or mail to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician PL20160001981 500' 8/29/2016 Page 1 of 1 RECKEY NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL LOTUNIT SECT TWP RANGE 62520080001 10711 TAMIAMI LLC 1318 VIA PORTOFINO NAPLES, FL 34108---3327 NAPLES PARK UNIT 1 REPLAT BLKS 4 + 5 LOT 3 3 28 48 25 62412000005 7-ELEVEN INC % RYAN LLC THREE GALLERIA TOWER 13155 NOEL RD #100 LB73 DALLAS, TX 75240---0000 NAPLES PARK UNIT 1 BLK 4 LOTS 1-7 + LOTS 1 + 2 REPLAT BLKS 4 + 5 NAPLES PARK #1 1 28 48 25 62413540001 864 106TH AVE TRUST 856 106TH AVE N NAPLES, FL 34108---0000 NAPLES PARK UNIT 1 BLK 6 E1/2 OF LOT 47 47 28 48 25 62413560007 864 106TH AVE TRUST 856 106TH AVE N NAPLES, FL 34108---0000 NAPLES PARK UNIT 1 BLK 6 LOT 48 48 28 48 25 69587350146 ABCZ PROPERTIES LLC 1005 CROSSPOINTE DR STE 1 NAPLES, FL 34110---0947 RIVERCHASE OFFICE PARK A CONDOMINIUM BLDG 4 SUITE 1 1 22 48 25 69587350162 ABCZ PROPERTIES LLC 1005 CROSSPOINTE DR STE 1 NAPLES, FL 34110---0947 RIVERCHASE OFFICE PARK A CONDOMINIUM BLDG 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UNIT 1 REPLAT BLK 1 LOTS 1, 2, 43 + 44, LESS N 10FT LOTS 1 & 2 AND LESS OR 1815 PG 2204, OR 1976 PG 1656 1 28 48 25 62412120008 WALFORD, LLC 10651 TAMIAMI TRAIL N NAPLES, FL 34108---0000 NAPLES PARK UNIT 1 BLK 5 LOTS 1-5 + LOT 4 REPLAT BLKS 4 + 5 NAPLES PARK #1 OR 1938 PG 534- 536 1 28 48 25 168040708 WCI COMMUNITIES INC 24301 WALDEN CENTER DR STE 300 BONITA SPRINGS, FL 34134---4965 27 48 25 OPTION PARCEL 4 & 5 DESC IN OR 2007 PG'S 1645-1656 LESS PELICAN MARSH UNIT SEVEN REPLAT & LESS GOLF COURSE,LESS 27 48 25 NEIGHBORHOOD INFORMATION MEETING Petition PUDA-PL20160001981, Granada Shoppes PUD The public is invited to attend a neighborhood meeting held by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., representing Ocean Boulevard Partnership, LLLP and Ocean Boulevard Partnership II on: The subject property is comprised of approximately 39.23± acres, located on the southeast quadrant of Tamiami Trail (U.S. 41) and Immokalee Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Thursday, September 22, 2016, 5:30 pm at Vanderbilt Presbyterian Church, Harp Hall, 1225 Piper Boulevard, Naples, FL 34110 Ocean Boulevard Partnership, LLLP and Ocean Boulevard Partnership II are asking the County to approve this application, which proposes to amend the PUD to revise the permitted list of uses to permit indoor/outdoor Retail Nurseries and Lawn and Garden Supply Stores. No additional square footage is being requested. Business and property owners, residents and visitors are welcome to attend the presentation. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com September 4, 2016 NO. 1250171 TRANSCRIPT OF THE NEIGHBORHOOD INFORMATION MEETING FOR GRANADA SHOPPES PUD SEPTEMBER 22, 2016 Appearances: WAYNE ARNOLD RICHARD YOVANOVICH, ESQ. SHARON UMPENHOUR RAY BELLOWS 2 MR. ARNOLD: All right. Well, good evening, everybody. I'm Wayne Arnold with Grady Minor & Associates, and this is the neighborhood information meeting for an amendment to the Granada Shoppes planned unit development. With me is Sharon Umpenhour from our office. Sharon's recording the meeting in accordance with the county requirements. We'll have the meeting transcribed and that will be provided to county staff. Rich Yovanovich, the land use attorney on the case, I'm sure we all know Rich. And then this is Ray Bellows. Ray is the planning and zoning manager for Collier County government and is here to answer any questions you might have. It's our meeting to host and tell you what we're attempting to do with the PUD, but Ray is here to answer any procedural questions or things like that, that you might have. MR. BELLOWS: And I've left a business card out on the -- if you want to take a county card for contact. MR. ARNOLD: So I think you all understand Granada Shoppes's PUD. It's an existing project located at the southeast corner of Immokalee and U.S. 41, and the master plan of the project, it was a conceptual master plan at the time, but large retail stores are largely in this area. Parking (indiscernible) was shown on that plan. The amendment that we're proposing is pretty simple. When we first created this project back in 2001, we had a list of uses that would be permitted, and they were all C4 uses with the exception of a few uses. And one of those uses that was excepted was called out as outdoor retail nurseries, lawn and garden supply stores. And so what we're proposing to do, as part of this amendment, is to strike that from the list of uses that were prohibited and add it back into the uses that are permitted. So we would allow an indoor and outdoor retail nursery, lawn and garden center. And then we put a further restriction. After talking to staff, there was some concern about having outdoor things here, so we have a provision that we can all have outdoor sales and display during normal business hours. So that was -- so that we really weren't forming an outdoor garden center where you'd have a bunch of plants outside. This was really meant for display during business operational hours. So that's really all we're proposing to change in the PUD. It's a very simple change. There's a tenant that is trying to occupy part of the space that's still 3 unoccupied that was the original Home Depot Expo facility, and it would be their intent to go ahead and confirm their lease with the property owner so they could pursue their retail garden center. That's really the simple amendment that we're trying to make. This process, as most of you have been in some of these meetings, we filed the amendment. We got some very minor comments. There was some ownership questions that we had, is really the essence of the change that the county wanted us to make. We're on schedule for -- I've written the dates in on my hard calendar. We're scheduled tentatively right now for the October 20th Planning Commission hearing and the November 15th County Commission hearing. And I say tentative because that's subject to change, but if you received notice of this meeting, you should get notice from the county when they determine for sure the Planning Commission hearing date and then we are responsible for posting the big four-by-eight zoning signs that you're all accustomed to seeing around the area. So that process, hopefully, we're out and through the process by November 15th, prior to the end of the year. UNIDENTIFIED MALE VOICE: And that's the board. MR. ARNOLD: That's the board, yes. So that's really the essence of the change. Pretty minor. We're not changing the master plan. We're not changing any of the development standards. No building height changes. Nothing like that. So that's really it. So if anybody has questions about what we're trying to do. Mr. McIntosh (phonetic). MR. MCINTOSH: You said Planning Commission on October 20, Wayne, and -- MR. ARNOLD: November 15th -- November 15th -- MR. MCINTOSH: Probable County Commission on November 15th? MR. ARNOLD: 15th, November 15th, yeah, uh-huh. Yes, sir. UNIDENTIFIED MALE VOICE: Where do you foresee its location? MR. ARNOLD: There's a vacant space next to Hobby Lobby, if you're familiar with that location in the center. That was formerly part of the large Home Depot Expo facility, but they would -- propose that they occupy that space. I guess that's subject to change. It's going to be in the existing retail center. It's not proposed to be a freestanding use in the project. UNIDENTIFIED MALE VOICE: So no outdoor display of 4 plant materials? MR. ARNOLD: Well, I wouldn't say none, because they may choose, as part of their display, like, you know, if you're familiar with Mercato, you've got a Whole Foods, sometimes they have displays of, you know, a pumpkin or seasonal merchandise, but our requirement is that we can only display it here as part of this outdoor -- indoor/outdoor lawn and garden center during normal business hours. So there wouldn't be permanent outdoor storage here. UNIDENTIFIED MALE VOICE: So if I want to buy a plant of some kind to stick in my front yard, I wouldn't be able to buy it here? MR. ARNOLD: Their intent, if everything goes favorable here with this process to get the amendment in place, they would submit a building plan to the county to modify the ceiling of the building to put in some skylights so that they could actually put plants inside the facility, and then you and I could go in there and buy whatever seasonal plants that they're going to be selling, but they wouldn't be for a typical -- it's not going to be like a Driftwood Nursery or something to that effect. UNIDENTIFIED MALE VOICE: It would or it wouldn't? UNIDENTIFIED MALE VOICE: Would not. UNIDENTIFIED MALE VOICE: It would not. MR. ARNOLD: What's that? I'm sorry. UNIDENTIFIED MALE VOICE: It would not be like Driftwood. MR. ARNOLD: That's correct. It would not be. UNIDENTIFIED MALE VOICE: And the size area, retail sales area? MR. ARNOLD: You know, I'm not sure exactly how much space they're going to lease. I mean, I guess that's always subject to change, depending on as tenants come and go. Some tenants, you know, shrink and some grow, but right now, the space that I know that this particular use wants to be in is the one that's next to Hobby Lobby. Ross? UNIDENTIFIED MALE VOICE: Wayne, you didn't feel any need to address the right-of-way vacation in this PUD amendment? MR. ARNOLD: No. There's no right-of-way that's proposed to be vacated in this PUD. UNIDENTIFIED MALE VOICE: But there is a right-of-way proposed to be vacated, which is Creekside -- that -- MR. ARNOLD: A portion of it, yes. UNIDENTIFIED MALE VOICE: -- a piece of Creekside 5 Boulevard. And Creekside Boulevard was constructed in conjunction with the approval process for the shopping center. Do we just -- UNIDENTIFIED MALE VOICE: Show the, if you would, the master plan. And which way is 41? MR. ARNOLD: 41 is up here. UNIDENTIFIED MALE VOICE: So to finish my thought -- UNIDENTIFIED FEMALE VOICE: No, that's Immokalee. MR. ARNOLD: I'm sorry. 41 is up here. UNIDENTIFIED MALE VOICE: To finish my thought, Creekside Boulevard was a -- UNIDENTIFIED FEMALE VOICE: 41 is (indiscernible). UNIDENTIFIED MALE VOICE: -- conditional approval of the shopping center, and it's now proposed to be vacated. Would that be a subsequent modification to this PUD or is that something that you think can just be modified -- that the right-of-way can be modified, vacated without a modification of this PUD? MR. YOVANOVICH: What you just said. Yes, it can be modified without having to modify this PUD. UNIDENTIFIED MALE VOICE: You don't have to modify the PUD. You can vacate the right-of-way. Okay. UNIDENTIFIED MALE VOICE: You represent both interests here, do you not? MR. YOVANOVICH: Both interests? UNIDENTIFIED MALE VOICE: Both the Arthrex interest and this interest. MR. YOVANOVICH: I do. So does Wayne. UNIDENTIFIED MALE VOICE: And isn't there something of a conflict inherent in those interests since Creekside will be vacated, Creekside Boulevard, which is an obvious means of access to the Granada Shoppes? MR. YOVANOVICH: Obviously, if my client thought it was a bad idea to vacate Creekside Boulevard for its ownership interest in Granada Shoppes, I'm sure my client would not be consenting to or agreeing to the vacation of Creekside for other portions of their project. They've looked at that and -- UNIDENTIFIED MALE VOICE: But you have no problem being on both sides of this issue? MR. YOVANOVICH: It's my client and my client has retained me to represent them in both zoning applications. UNIDENTIFIED MALE VOICE: There's no one here from the client, right? Just -- MR. ARNOLD: Right. UNIDENTIFIED MALE VOICE: Just his attorneys? MR. YOVANOVICH: He was actually trapped in Ave 6 Maria on his way, and we said, I think we can handle the meeting. UNIDENTIFIED MALE VOICE: What does your -- what does your client expect if you can speak for him in this regard, as to how trucks bringing materials for a garden center from the eastern part of the county, which presumably (indiscernible) would come from, would get into this retail complex? MR. ARNOLD: There's access currently from Immokalee Road, U.S. 41 and the signalized intersection of Creekside Boulevard will remain, obviously. UNIDENTIFIED MALE VOICE: So today, such trucks would likely make a left turn on Immokalee -- on Goodlette-Frank and a right on Creekside Boulevard and come in here with minimal interference with other traffic flows. With this -- with the Arthrex plan and the obvious relationship between these two, all of those trucks will have to come west on Immokalee, south on 41, left crossing the traffic at the traffic light entry into the Granada Shoppes. MR. ARNOLD: Well, the tenant space is currently vacant and constructed. So, you know, whether this particular user signs their lease and continues or not, somebody is going to fill that space that's allowed under any of the C4 zoning uses, except the very few that are excluded. UNIDENTIFIED MALE VOICE: Yes. And to conclude that statement, and their trucks will follow the path you just described. MR. YOVANOVICH: Or not. You don't know how they're getting there now. MR. ARNOLD: Right. MR. YOVANOVICH: They could be coming up Vanderbilt Beach, coming across Vanderbilt Beach Road, taking a right on 41 going north -- UNIDENTIFIED MALE VOICE: Well, they certainly -- MR. YOVANOVICH: I don't know. And I really don't know if trucks are really using Creekside Boulevard to the extent that you all are concerned about. We don't believe there's that much truck traffic -- UNIDENTIFIED MALE VOICE: Well, no. The Naples Daily News trucks are restricted to Creekside Boulevard in certain hours. UNIDENTIFIED MALE VOICE: Are they really? UNIDENTIFIED MALE VOICE: As a condition of approval of their PUD that was sponsored, in part, by your clients. So -- MR. YOVANOVICH: And what we've been told by the Naples Daily News is despite the fact that they were 7 purchased by a new company and doing more publishing, there will be no more trucks than are there today because the trucks that have been coming there have been largely empty. You know, so they will just have more stuff in the same truck than what was previously coming there. UNIDENTIFIED MALE VOICE: But how does that change, Rich, whether there -- I mean, they've been coming full or empty. MR. YOVANOVICH: One of the concerns of your community was -- UNIDENTIFIED MALE VOICE: Right. MR. YOVANOVICH: -- because they've been sold, does that mean there's going to be more trucks coming in the first place. So to answer that question, we've learned there will not be more trucks coming. UNIDENTIFIED MALE VOICE: There will be the same number of trucks. MR. YOVANOVICH: Same number of trucks, but they will be full. UNIDENTIFIED MALE VOICE: What will the traffic pattern be? Again -- UNIDENTIFIED MALE VOICE: That was what I was trying to get at. Even if you have the same number of trucks, the condition, as I understand it, of the approval of the PUD for the Naples Daily News was that they had to come in during certain hours from what I'll call the back side, through the Creekside Boulevard. They could not come through Immokalee Road side -- I'm sorry -- that's right, through the Immokalee Road side. MR. YOVANOVICH: I don't believe it said they -- it said they could not use Immokalee Road. I don't think it forced different -- UNIDENTIFIED MALE VOICE: Yes. It says, specifically, Rich, just to remind you, it says specifically that the appropriate executive at the Naples Daily News shall ensure that the trucks use Creekside Boulevard. Creekside is named. Creekside is named. (Multiple simultaneous speakers.) MR. YOVANOVICH: (Indiscernible) PUD. MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: What's (indiscernible) use? MR. ARNOLD: That's what they will continue to use. Doug, you had a question. UNIDENTIFIED MALE VOICE: Just go to the basis of the county holding this meeting. MR. ARNOLD: The county's not holding this meeting. 8 We're holding this meeting. UNIDENTIFIED MALE VOICE: The requirement in the Land Development Code requires this meeting. MR. ARNOLD: Yes. UNIDENTIFIED MALE VOICE: But can you tell us what you, the applicant, have to do to satisfy -- I don't know the rules. Where did you advertise? Who did you notify? What goes into that? You can just do it briefly. MR. ARNOLD: Sure. We're required by the Land Development Code or the Administrative Code to notify surrounding property owners within 500 feet of the property and we obtain that mailing list from Collier County government. They're the ones who prepare that. So we send the mailing labels. They send us the list. We send out stamped envelopes to all the people they tell us to, including surrounding associations if they're listed with the county. And then a mail notice is also published in the Naples Daily News. UNIDENTIFIED MALE VOICE: When did you do that? MR. ARNOLD: I don't know. UNIDENTIFIED MALE VOICE: Can you get that information? MR. ARNOLD: Sure. UNIDENTIFIED MALE VOICE: And the reason why I ask is I found out from an e-mail. MR. ARNOLD: Do you live within 500 feet of the property? UNIDENTIFIED MALE VOICE: No. MR. ARNOLD: Okay. UNIDENTIFIED MALE VOICE: But I live in the community and I normally notice these advertisements. I may not have read that day. But you're sure that you did do that advertisement? MR. ARNOLD: I'm pretty sure that Sharon did. And she probably -- MS. UMPENHOUR: The letter was mailed on -- UNIDENTIFIED MALE VOICE: It was September 4th. MS. UMPENHOUR: The letter was mailed on September 2nd and the ad was placed in the paper September 4th. UNIDENTIFIED MALE VOICE: Okay. I missed that. MR. ARNOLD: Okay. UNIDENTIFIED MALE VOICE: Thank you (indiscernible). MS. UMPENHOUR: And there was also an e-mail -- there are e-mails now that go out by the county informing people who are on their list that there are neighborhood information meetings. MR. BELLOWS: That's an added courtesy we're trying 9 to do to help keep people informed. MS. UMPENHOUR: So if you get on the county's mailing -- e-mail list, you will be notified of every single neighborhood information meeting that takes place within Collier County. UNIDENTIFIED MALE VOICE: I'm getting -- I confess I'm getting a little neighborhood meeting fatigue, and -- UNIDENTIFIED FEMALE VOICE: Me, too. UNIDENTIFIED MALE VOICE: And (indiscernible) brought the one package. I actually thought I was at the right-of-way vacation neighborhood meeting. MR. ARNOLD: No. UNIDENTIFIED MALE VOICE: Have I missed that or is that coming up? UNIDENTIFIED MALE VOICE: It's not even coming up. MR. YOVANOVICH: I'm going to confess something. I didn't know we do neighborhood information meetings for right-of-way vacations. UNIDENTIFIED MALE VOICE: I don't believe -- MR. ARNOLD: You don't. MR. YOVANOVICH: We don't. UNIDENTIFIED MALE VOICE: I think there's a resolution -- MR. YOVANOVICH: So I don't know what you're talking about because it's not on my calendar (indiscernible). (Multiple simultaneous speakers.) MR. YOVANOVICH: I want to make sure I show up. UNIDENTIFIED MALE VOICE: To some extent, that's a relief. I haven't missed anything. MR. ARNOLD: That's right. You have not missed that. MR. YOVANOVICH: Me either. And since I'm the lawyer on the job, it's really important that I show. UNIDENTIFIED MALE VOICE: On the other hand -- UNIDENTIFIED MALE VOICE: I understand. UNIDENTIFIED MALE VOICE: On the other hand, it's an important issue to -- UNIDENTIFIED MALE VOICE: Yes. UNIDENTIFIED MALE VOICE: It's linked to this application. It's linked to the Creekside application. What is the -- is there a Planning Commission meeting relative to the vacation? UNIDENTIFIED MALE VOICE: Coming up next week (indiscernible). MR. ARNOLD: Plat vacations are handled -- plat and right-of-way vacations go directly to the Board of County Commissioners. UNIDENTIFIED MALE VOICE: They go right to the 10 commissioners. That's -- UNIDENTIFIED MALE VOICE: And is that scheduled to dovetail with this? UNIDENTIFIED MALE VOICE: We hope so. UNIDENTIFIED MALE VOICE: So (indiscernible) vote on the Creekside PUD modification -- MR. YOVANOVICH: At the same time -- UNIDENTIFIED MALE VOICE: And on the same day, then, subsequently, they will vote on the -- MR. YOVANOVICH: Vacation of the right-of-way or not. They may say no. They will have their hearing. UNIDENTIFIED MALE VOICE: Understood. Understood. MR. YOVANOVICH: Yeah, yeah. UNIDENTIFIED MALE VOICE: But it's not a separate discussion on a separate date? MR. YOVANOVICH: No, no, it's on the same day. UNIDENTIFIED MALE VOICE: And there's no opportunity to discuss it with the Planning Commission other than within the context of the Creekside PUD amendment? MR. YOVANOVICH: I'm fairly certain -- well, you will have that opportunity to bring that up because the Creekside master plan shows -- UNIDENTIFIED MALE VOICE: Requires modification in order to accommodate -- MR. YOVANOVICH: -- shows a removal of the right-of-way. MR. ARNOLD: Right. UNIDENTIFIED MALE VOICE: But that will be -- there won't be any -- there won't be a separate hearing (indiscernible)? MR. YOVANOVICH: No. That's not something that goes directly to the Planning Commission. UNIDENTIFIED MALE VOICE: Okay. Understood. MR. YOVANOVICH: I mean, I know this is about Granada Shoppes, but one of the -- I'm sure you're aware, one of the conditions of the Creekside PUD change is to make sure that the roads themselves are modified to accommodate semi-trailer traffic within the road system that remains. UNIDENTIFIED MALE VOICE: Yes. MR. YOVANOVICH: Yes, I just want to be sure we -- we have an obligation to make sure that the -- whatever traffic or semi-trailers are using it now can continue to use the road system. UNIDENTIFIED MALE VOICE: If they're so inclined. If they're so inclined. MR. YOVANOVICH: Right. UNIDENTIFIED MALE VOICE: There's a few more rights and lefts involved. 11 (Multiple simultaneous speakers.) MR. YOVANOVICH: Right. But the roadway will be -- it will be safe. UNIDENTIFIED MALE VOICE: It will be safe -- I'm sorry. MR. YOVANOVICH: I said it will be -- it will be -- we will be -- we are required to make sure that these semi-trailers can safely use the remainder of the road. UNIDENTIFIED MALE VOICE: Thank you. UNIDENTIFIED MALE VOICE: Does that include Goodlette-Frank from Immokalee to -- MR. YOVANOVICH: Yes. UNIDENTIFIED MALE VOICE: -- Creekside Boulevard? MR. ARNOLD: Well -- MR. YOVANOVICH: Let's just go ahead and discuss them all. The answer is one of the improvements we're doing that's related to Creekside -- MR. ARNOLD: We're proposing. MR. YOVANOVICH: -- is basically four laning Goodlette-Frank Road past our current intersection -- UNIDENTIFIED MALE VOICE: Right. MR. YOVANOVICH: -- when you go further to the south, which will allow trucks to use Goodlette-Frank Road and, ultimately, this (indiscernible) far enough to the east, there will be a traffic signal at the southern entrance when it warrants it, and we think it's going to warrant (indiscernible) quickly. UNIDENTIFIED MALE VOICE: And then they're going to pull in on the right and then make another right up that street and then a left and then another left. (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: (Indiscernible) right here. UNIDENTIFIED MALE VOICE: Are you going to widen those other streets? MR. YOVANOVICH: We will have to. UNIDENTIFIED MALE VOICE: You're going to have to -- (Multiple simultaneous speakers.) MR. ARNOLD: (Indiscernible). We'll have to make some intersection changes. MR. YOVANOVICH: We'll have to make some intersection changes -- UNIDENTIFIED MALE VOICE: You have to (indiscernible). MR. YOVANOVICH: (Indiscernible). So, yeah, so one of the conditions on that other PUD is to make sure that they can safely use the remaining roads instead of the straight shot that currently exists. 12 UNIDENTIFIED MALE VOICE: Speaking of which, the -- because I brought the wrong package and I think you've agree that we can talk about -- MR. YOVANOVICH: Well, I don't see any reason not to. UNIDENTIFIED MALE VOICE: Yeah, there we go. UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: When I -- the last page, which is attached to the application, is the statement of public benefit. MR. YOVANOVICH: Oh, I thought you were talking -- you wanted to talk about the Creekside Road. I didn't bring -- UNIDENTIFIED MALE VOICE: I am talking about the Creekside amendment. MR. YOVANOVICH: Creekside PUD. I'm sorry. UNIDENTIFIED MALE VOICE: Yeah, this is Wayne's submittal. It's the last page on Wayne's submittal before the aerial photograph. And the language says, once this portion of the roadway is vacated, Arthrex intends to fulfill its obligations to the State of Florida, Collier County, to add approximately 560 high-wage jobs locally. UNIDENTIFIED MALE VOICE: Correct. UNIDENTIFIED MALE VOICE: Does that mean that vacation of the right-of-way is a condition of Arthrex providing, accepting the 5 or $6 million that's been offered by the state and creating the 560 high-wage jobs locally? MR. YOVANOVICH: What they will be doing, as you know, is we're going through and doing this PUD amendment for Arthrex. Arthrex will evaluate what ultimately gets through the process. UNIDENTIFIED MALE VOICE: The outcome. MR. YOVANOVICH: Right. And decide whether or not to keep pursuing what they proposed or not. I don't have an answer as to what the ultimate result will be, but this is -- we're going through with the campus changes we've discussed. And they will make the evaluation, how (indiscernible) get out at the end, whether it's worth it to them or not. UNIDENTIFIED MALE VOICE: Whether it remains a satisfactory proposition. MR. YOVANOVICH: Right. Right. UNIDENTIFIED MALE VOICE: Okay. UNIDENTIFIED MALE VOICE: Done. UNIDENTIFIED MALE VOICE: You mentioned at the beginning it was an ownership issue. MR. ARNOLD: Uh-huh. UNIDENTIFIED MALE VOICE: What did you iron out? 13 Who are the owners of this (indiscernible)? MR. ARNOLD: Sharon, do you have the information with you? It's one of the Ocean Boulevard Partnerships. MS. UMPENHOUR: Ocean Boulevard Partnership, LLLP. MR. ARNOLD: There had been a joint venture (indiscernible). MS. UMPENHOUR: It says Ocean Boulevard Partnership and Ocean Boulevard Partnership II in the property appraiser records, but they all merged as Ocean Boulevard Partnership LLLP. UNIDENTIFIED MALE VOICE: Do you know who the specific people are to this entity? MR. ARNOLD: Yes. UNIDENTIFIED MALE VOICE: It's been submitted to the county? UNIDENTIFIED MALE VOICE: Did you say yes? MR. YOVANOVICH: Of course. We have to provide (indiscernible). (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: (Indiscernible) list. It's in the application, actually. MR. BELLOWS: It's a requirement (indiscernible). MR. ARNOLD: Yeah. MR. YOVANOVICH: Do I -- can I recite their names to you right now? UNIDENTIFIED MALE VOICE: Oh, no. MR. YOVANOVICH: No. But, yes, I do know. UNIDENTIFIED MALE VOICE: (Indiscernible) in the public records. MR. ARNOLD: It is. If you want to contact Sharon, Doug, we'll be happy to send you that ownership information. UNIDENTIFIED MALE VOICE: I just was curious if it was submitted and available. MR. ARNOLD: Yeah, I think the county -- MS. UMPENHOUR: Yeah, it's online. Actually, all the documents that are submitted are now online in Cityview. UNIDENTIFIED MALE VOICE: Through the portal. MS. UMPENHOUR: Through the portal, yeah. UNIDENTIFIED MALE VOICE: Oh, so they're open now? You couldn't get in before. UNIDENTIFIED MALE VOICE: In the planning area, in the planning part of the portal? MS. UMPENHOUR: Yeah. UNIDENTIFIED MALE VOICE: Is it down below? MS. UMPENHOUR: Yeah. When you go in and search a name or a property and it brings up all the applications. UNIDENTIFIED MALE VOICE: Okay. 14 MS. UMPENHOUR: Uh-huh. UNIDENTIFIED MALE VOICE: Got it. Can you briefly describe, I know you're not changing any of these things, but what is the allowable square footage? Are you all built out? Can you build any more? MR. ARNOLD: You know, Doug, I don't know that they're 100 percent built out in terms of the square footage that was allocated to them in the PUD process. UNIDENTIFIED MALE VOICE: In general? UNIDENTIFIED MALE VOICE: Was that a yes, Wayne? MR. ARNOLD: I said I don't know. MR. YOVANOVICH: The Granada Shoppes, we don't know. I don't -- MR. ARNOLD: I don't know. MR. YOVANOVICH: -- know if there's any (indiscernible). UNIDENTIFIED MALE VOICE: (Indiscernible) yes. MR. ARNOLD: Russ, you may know. I don't know enough to say for the record that they are. UNIDENTIFIED MALE VOICE: I just did it from the property appraiser's, which may not be the official record, but according to the property appraiser (indiscernible). MR. YOVANOVICH: Yeah, I think you're right, but I didn't want to say -- UNIDENTIFIED MALE VOICE: You're 5,000 square feet over or less. MR. ARNOLD: Over? UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: Is it a closed-out PUD, do you know? MR. ARNOLD: I don't think it's a closed-out PUD, no. UNIDENTIFIED MALE VOICE: The county doesn't consider it closed out? MR. ARNOLD: You have to go through a specific close-out process. The county doesn't just close you out. UNIDENTIFIED MALE VOICE: No? UNIDENTIFIED MALE VOICE: If they're not closed out, they're required to submit annual monitoring reports. UNIDENTIFIED MALE VOICE: Oh, boy. MR. ARNOLD: And just for everybody's clarification, the project development is described in the PUD, and I'll just read the couple sentences so it's very clear for everybody, Doug. The project shall contain a maximum of 300,000 square feet gross building area of retail commercial 15 uses and a maximum of 90,000 square feet gross building area of office uses, a hotel containing a maximum of 175 rooms, units or suites may be constructed on the site. If a hotel is constructed, the retail and office uses shall be reduced to 280,000 gross square feet and 10,000 gross square feet respectively. UNIDENTIFIED MALE VOICE: Okay. MR. ARNOLD: And just so everybody knows, this is an activity center in the county. And (indiscernible) the locations (indiscernible) identified it would be appropriate for fairly intensive commercial land uses which, you know, that's been in effect now for many, many years, but that's, in essence, why now Granada Shoppes was able to come through the process to become a commercial planned development. UNIDENTIFIED MALE VOICE: Weren't there two steps? Wasn't there an initial approval was 275,000 square feet and a subsequent 25,000, bringing it to the 300? MR. ARNOLD: I'm not sure, Ross. UNIDENTIFIED MALE VOICE: Do you know if there's any -- UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: Sorry. Go ahead. UNIDENTIFIED MALE VOICE: Was there any limitation on the size of each unit within the buildings? MR. ARNOLD: I don't think so. UNIDENTIFIED MALE VOICE: A maximum square foot per -- UNIDENTIFIED MALE VOICE: Typically (indiscernible). (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: That store was pretty big. MR. YOVANOVICH: Yeah. I mean, we're basically reutilizing the big box that was (indiscernible). UNIDENTIFIED MALE VOICE: And the only reason why I ask is I'm aware of a PUD just north where they were limited to 45,000 square feet. UNIDENTIFIED MALE VOICE: That's the one at Wiggins? (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: The Wiggins -- UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: I worked on -- UNIDENTIFIED MALE VOICE: So I just wondered -- UNIDENTIFIED MALE VOICE: I remember that. That was at the (indiscernible) big box era. UNIDENTIFIED MALE VOICE: Well, we were going to get (indiscernible). And we said, wait a minute, here. UNIDENTIFIED MALE VOICE: I remember fondly. 16 UNIDENTIFIED MALE VOICE: Oh, yeah. (Indiscernible). UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: So no limitation to the size of each. Just so you meet the square footage? MR. ARNOLD: Yeah. Minimum lot area of 20,000 square feet. Minimum lots, 100 feet in width. It's got specific setbacks from U.S. 41 and Immokalee Road, et cetera. But there is no specific unit size that I see referenced here. UNIDENTIFIED MALE VOICE: And what's the height limit in this area? MR. ARNOLD: Well, we're not proposing a change. UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: You're not changing? MR. YOVANOVICH: Not now. MR. ARNOLD: The maximum height allowed for retail is -- UNIDENTIFIED MALE VOICE: (Indiscernible). MR. ARNOLD: -- two stories, not to exceed 50 feet. Office buildings are allowed to be four stories, not to exceed 60 feet. And a hotel not to exceed 60 feet. UNIDENTIFIED MALE VOICE: 60? MR. ARNOLD: 60. And then it has an exception for architectural features are allowed to be 75 feet. UNIDENTIFIED MALE VOICE: That's the C4 zoning, basically. MR. YOVANOVICH: No, it's not. UNIDENTIFIED MALE VOICE: Well, I mean, that's -- you had mentioned C4. MR. YOVANOVICH: C4 is only going to allow us to go 75 feet. UNIDENTIFIED MALE VOICE: Right. MR. YOVANOVICH: It used to let you go 100 feet (indiscernible). UNIDENTIFIED MALE VOICE: Right. UNIDENTIFIED MALE VOICE: But it should be noted that's the zone type. (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: (Indiscernible) actual height. No, C4 still can go higher. UNIDENTIFIED MALE VOICE: There's no limit -- there's no limit to actual height in C4? UNIDENTIFIED MALE VOICE: Other than (indiscernible) spelled in the Land Development Code that talks about certain things, but keeping within a certain range. UNIDENTIFIED MALE VOICE: There's no -- UNIDENTIFIED MALE VOICE: What is your objective? UNIDENTIFIED MALE VOICE: -- limit to C4 zoning 17 height? UNIDENTIFIED MALE VOICE: The Board of County Commissioners wanted a greater way of measuring actual building height. When the Land Development Code says, say, in the C4 district, you have a maximum height of 75 feet zoned, there are exemptions in the code from those building height restrictions based on flood elevation. Your finished floor, where you can have your first habitable space may be another 10 feet above grade. So that's adding 10 feet to the zone type. Plus there are exemptions on the rooftop for air conditioning, mechanical equipment rooms that could add another 15 or 20 feet. So when the board saw some buildings that were taller than the zone type, they wanted to know why. So we explained, these are exemptions. So they said, well, how do we know the actual height? So we said, well, from now on, we'll say, when the PUD comes in, we'll get the zoned and the actual. So they have -- as an applicant, they would have to calculate what their actual height would be based on the flood elevation and mechanical (indiscernible). UNIDENTIFIED MALE VOICE: Including all those previous exemptions? UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: I'm just wondering, I know you're not a city person, but in their charter, they're (indiscernible). Do they allow these other -- UNIDENTIFIED MALE VOICE: I'm not sure whether they -- UNIDENTIFIED MALE VOICE: -- go here, go here, put the -- or do they -- UNIDENTIFIED MALE VOICE: I know they have a maximum height, but I don't know what -- UNIDENTIFIED FEMALE VOICE: Rich may know. MR. YOVANOVICH: Rich does know. MR. ARNOLD: Rich knows the answer. MR. YOVANOVICH: Yes, he does. UNIDENTIFIED MALE VOICE: What is the answer to that? MR. YOVANOVICH: I believe it's 42 feet. MR. ARNOLD: Period. UNIDENTIFIED MALE VOICE: Period. Because Phil McCabe had a problem with a rooftop spa handrail. MR. YOVANOVICH: So five miles south. UNIDENTIFIED MALE VOICE: Wow. Really? UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: They got him on a handrail. MR. YOVANOVICH: They have a height limit of 42 18 feet. MR. ARNOLD: For commercial buildings. MR. YOVANOVICH: For commercial. And they can't add parking underneath and et cetera, et cetera. UNIDENTIFIED MALE VOICE: Well, actually, they can do parking underneath. MR. ARNOLD: They can do parking underneath. UNIDENTIFIED MALE VOICE: (Indiscernible). (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: They need to be able to do that. MR. YOVANOVICH: I've done it. I've done that. I've done below-ground parking. UNIDENTIFIED MALE VOICE: Relevant to the whole community, though. MR. ARNOLD: Well, they also have Park Shore that's part of the City of Naples, that has 200-foot tall residential towers. UNIDENTIFIED MALE VOICE: Right. They're along the coast, correct? MR. ARNOLD: I think Park Shore (indiscernible). MR. YOVANOVICH: Ask them how well it's working for the redevelopment (indiscernible) downtown. It's not. 42 feet is hampering the city (indiscernible). MR. ARNOLD: Let's try to stick to Granada Shoppes. Anything else on Granada Shoppes from anybody? UNIDENTIFIED MALE VOICE: You're not seeking any deviation in the amendment? MR. ARNOLD: No, sir. MR. YOVANOVICH: (Indiscernible) use. MR. ARNOLD: No other changes than the ones I described, just the use. UNIDENTIFIED MALE VOICE: And was that previously listed (indiscernible). MR. ARNOLD: If you'd like to see a copy of what we've done, strike through, underline, and we've got some extra copies and you're welcome to take one. UNIDENTIFIED MALE VOICE: Is that previously listed as a prohibited use? MR. ARNOLD: As an exception. It said all the C4 except the following. Anybody else? Thank you all. Appreciate the comments and we'll see you next time. (Proceedings concluded.) 19 STATE OF FLORIDA COUNTY OF COLLIER I, Joyce B. Howell, do hereby certify that: 1. The foregoing pages numbered 1 through 38 contain a full, true and correct transcript of proceedings in the above-entitled matter, transcribed by me to the best of my knowledge and ability from a digital audio recording. 2. I am not counsel for, related to, or employed by any of the parties in the above-entitled cause. 3. I am not financially or otherwise interested in the outcome of this case. DATED: September 29, 2016 SIGNED AND CERTIFIED: ________________________ Joyce B. Howell 10/03/201610/03/201610/03/2016 ` NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, November 15,2016, in the Board of County Commissioner's Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as foltows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NO.2001- 17, THE GRANADA SHOPPES PLANNED UNIT DEVELOPMENT BY REMOVING OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS A PROHIBITED USE: BY ADDING INDOOR/OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS A PERMITTED PRINCIPAL USE: AND BY ADDING OUTDOOR DISPLAY OF MERCHANDISE DURING BUSINESS HOURS AS AN ACCESSORY r USE; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT CI CRES, IS LOCATED ON m PROPERTY, /w UD' CORNER OF 41 ANDGE 25 EAST, COLLIER b IN SECTION 27,TOWNSHIP 48 SOUTH, ry CI. COUNTY,FLORIDA['""°''^^~^ - ' ' ci � A coof the proposed `---cebonfUewith the Clerk tothe .. n Board and\savailamexxmspeotion. All interested parties are oa invited to attend and be heard. 'Gmishi tospeak on any agenda item must 0co NOTE: All persons esentation of , i u � register item.the agenda item to be addressed. Individual ers limited to 3 minutes on any The sele ! cp toization or group is encouraged. If recognized by he a for or opgan6atnnmay bp�mc�o1�minutes n6speak onanitem. m p, Persons wishing to have written or graphic materials included in �� the Board agenda packets must submit said material a minimum lit of 3 weeks prior to the respective public hearing. In any case, a) Z C3 written materials intended to be considered by the Board shall >, as be submitted to the appropriate County staff a minimum of •— 73 seven days prior to the public hearing. All materials used in as c presentations before the Board will become a permanent part C:0 th of the record. a ra `o Any person who decides to appeal any decision of the Board Z < will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the iii proceedings is made,which record includes the testimony and a) evidence upon which the appeal is based. -J If you are aperson with a disability who needs any accommodation 4'.:,' in order to participate in this proceedino, you are entitled, at a) no cost to you, to the provision of certain assistance. Please E I contact the Collier County Facilities Management Division, ..c I located at 3335 Tamiami Trail East,Suite 101,Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. ris Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. i Zi IBOARD OF COUNTY COMMISSIONERS 1 COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK Ann Jennejohn Deputy lerk(SEAL) No. 1318584 October 26.2016