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Agenda 12/13/2016 Item #17E
17.E 12/13/2016 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a commercial intermediate (C-3) zoning district, a general commercial (C-4) zoning district and a rural agricultural (A) zoning district to a commercial planned unit development (CPUD) zoning district to allow up to 69,500 square feet of gross floor area of commercial development including a facility with fuel pumps and retail uses on a 6.5± acre parcel to be known as Price Street CPUD,located at the southwest corner of U.S. 41 and Price Street in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida; and by providing an effective date [PUDZ-PL20150000342]. 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 Rezone (PUDZ) petition; 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 applicant is requesting approval to rezone three (3) parcels zoned General Commercial (C-4), Commercial Intermediate (C-3), and Rural Agriculture (A) to a Commercial Planned Unit Development (CPUD). The applicant also is requesting 69,500 square feet of commercial uses including an automobile service station with 16 fuel pumps, automobile repair, and other commercial retail uses consistent with property zoned C-4. The intent is to have 3 separate commercial parcels in which one will have a Facility with Fuel Pumps adjacent to the Fifth Third Bank fronting US 41, one parcel will have a commercial building also fronting US 41, and a third building fronting Price Street. FISCAL IMPACT: The County collects impact fees prior to the issuance of building penniits 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 CCPC to analyze this petition. GROWTH MANAGEMENT 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 FLUE and the 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. Packet Pg. 2743 17.E 12/13/2016 Therefore, staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on October 6, 2016. The CCPC heard testimony from the applicant's agent and County staff. A motion was made by Commissioner Schmitt and seconded by Commissioner Ebert to recommend approval with the following changes to the PUD language and Deviation#1 and#3 only: A: Principal Uses -Delete Animal Specialty Services -except veterinary(0752, exclude outside kenneling); -Delete Bowling Centers,indoor(7933) -Educational Plants and Services(8221 and 8222); -Delete Communication Towers-Laundries and Dry Cleaning(7215 and 7211); -Delete Coin operated amusement, indoor(5993) -Membership Sports and Rec. Clubs(7997); -Delete Commercial Printing-Libraries (8231); -Delete Detective, guard, and armored car service-Disinfecting and pest control(7342); -Delete Dry-cleaning Plants (7216) -Public and Private Parks; -Delete Religious Organizations (8661) -Health Services except 8093; -Delete Social Services (8322-8399 except homeless shelters and soup kitchens); -Delete Telegraph and other message communication(4812 and 4813); -Delete Personnel Supply Services except for Employee Leasing services; -Delete Retail-Misc. (5921-5963, 5992-5999),except for grave stones,monuments and tombstones; -Restrict Auto and Home Supply(5531) to buildings along U.S.41 only; -Restrict Automotive Services (7549) to buildings along U.S. 41 only; -Restrict Carpet and upholstery cleaning(7217) to on premises only. C: Prohibited Uses -Add Car Washes -Communication Towers. Exhibit F -3. Transportation - Include the roundabout connectional design presented at the CCPC meeting. Exhibit F -5. Planning - Add A. Amplified outdoor sound associated with the food store and fuel pump facilities is limited to 7 a.m. to 10:00 p.m. daily. Amplified outdoor sound is prohibited for all other non-fuel facility parcels/commercial buildings. -Add B. Dumpsters shall be setback a minimum 80 feet from the Price Street right-of-way. -Add C. Lighting fixtures located within 50 feet of the existing Price Street right-of-way and the west property line (adjacent to the Eagle Creek Canal, aka C-4 Canal) shall be limited to a maximum height of 15 feet. All other lighting fixtures shall comply with the LDC regulations. The motion passed by a vote of 5-0. A vote was taken separately for deviation#2 which passed 4-1 with Commissioner Homiak voting no. No correspondence in opposition to this petition has been received. This item will be added to the Board Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from a Commercial Intermediate (C-3) Zoning District, a General Commercial (C-4) Zoning District and a rural Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Packet Pg.2744 17E 12/13/2016 Price Street and 41 CPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (Board), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones 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 CPUD 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 CPUD 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. 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 CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD 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? Packet Pg 2745 17.E 12/13/2016 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? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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 CPUD 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 CPUD 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 BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved for form and legality. An affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board approve the Price Street&US 41 CPUD, subject to the attached PUD Ordinance. Prepared by: Daniel James Smith, AICP, Principal Planner, Zoning Division, Growth Management Department ATTACHMENT(S) 1. Staff Report-PUDZ-PL20150000342-Price Street CPUD(PDF) 2. Ordinance- 101416(1) (PDF) 3. [Linked] Complete CCPC Package-FINAL (PDF) 4. Consistency Memo-PUDZ-PL20150000342-Price Street CPUD (PDF) 5. Emails-PUDZ-PL20150000342-Price Street CPUD (PDF) 6. Legal ad -Agenda ID 2232 (PDF) Packet Pg.2746 17.E 12/13/2016 .-. COLLIER COUNTY Board 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a commercial intermediate(C-3) zoning district,a general commercial (C-4) zoning district and a rural agricultural (A) zoning district to a commercial planned unit development (CPUD) zoning district to allow up to 69,500 square feet of gross floor area of commercial development including a facility with fuel pumps and retail uses on a 6.5± acre parcel to be known as Price Street CPUD, located at the southwest corner of U.S. 41 and Price Street in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida; and by providing an effective date [PUDZ-PL20150000342]. Meeting Date: 12/13/2016 Prepared by: Title: Planner,Principal—Zoning Name: Daniel Smith 11/07/2016 2:31 PM �-. Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 11/07/2016 2:31 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 11/21/2016 4:18 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/22/2016 10:36 AM Zoning Michael Bosi Additional Reviewer Completed 11/22/2016 2:11 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/22/2016 2:27 PM Growth Management Department David Wilkison Level 2 Division Administrator Completed 11/25/2016 3:33 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2016 8:32 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2016 9:34 AM County Attorneys Office Scott Teach Level 3 County Attorney's Office Review Completed 11/29/2016 9:10 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/04/2016 12:43 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg.2747 Of1dD 14 18}aa.ns 83P aaa}S a3p oda a uew d ZEN) a(ld�} d-Zti£000OS60Zld-Zdfid-� 21 }g :} pe}}d0 r: AGENDA ITEM 9-B tv r- 6 a Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DANIEL JAMES SMITH, AICP -ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 6,2016 SUBJECT: PLANNED UNIT DEVELOPMENT REZONE (PUDZ) - PL20150000342; PRICE STREET& US 41 APPLICANT/OWNER OWNER Price and 41, LLC Mr. & Mrs. Ramiro Llerena 2590 Northbrook Plaza Dr. 115 Price Street Naples, FL 34119 Naples, FL 34113 AGENT Alexis Crespo, AICP Waldrop Engineering, P.A. 28100 Bonita Grande Drive, #305 Bonita Springs,FL 34103 REQUESTED ACTION: The applicant is asking the Collier County Planning Commission (CCPC) to make a recommendation on the adoption to a Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district, and a Rural Agricultural (A) zoning district to a commercial Planned Unit Development(CPUD) zoning district to allow up to 69,500 square feet of gross floor area of commercial development including a facility with fuel pumps and retail uses on a 6.5k acre parcel to be known as Price Street and US 41 CPUD. GEOGRAPHIC LOCATION: The subject property is located at the southwest corner of US 41 and Price Street in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida(See location map on page 2). PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 1 of 20 OfldO t.ti'8Pails aoud : Z£ZZ) afldO leas;g aoiad-zyc0000s oZld-zafld-pode }}e;g :}uewyaeuy a, w ti ' N 0-- A..„,....-47" NLII a ` a 0 II 2 Ii t4 0' RI ' p. W O 41110 0, CLE r ti °14 I , 0 ; ,„,. z ,T0::11i.:.:11i,!ii41.1r . oportA. fo,,6 z , 1 1 vo,.:,.3.„,... . 1.,4„ 0 _ , 1 ______ __ .......,,,,o, v . ,? . 2©4 si--Nr‘ �® N 11131 OW , 4 --Ac / ,,,,, ; .44 Na. 3 i ,:, 4.r.a E0 ,r, , 4' M . . ,,.), , . . . , . cs, . ...--0 . a as z' (—J 3 11/7 1 Pf o 1 11.7 \ L„ if ig A ig , ., IP it 1 II iyp_ _ it I A 1 ggp p�t rtiV E y ._ Aq—) <8 anon a7too Q O ILlii,og, , / i ." 1.! 11 ii u ), „,/4;, 0 1.):',i, ill ' B l' ! IN Z _ / tnrnna €p g' ! 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V•••• i: i 1 I 1, ) z,,y5..‹, z' I ii I —` 1--$ j I, "� � hgs Ii o If ILIY Ii.. s PRICE STREET AND 41 CPUD MASTER PLAN PAGE 1 PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 3 of 20 1 ❑ndo 6rg}aw}S aapd Z£ZZ) O ldO}aaa}S aa!ad-Zti£000OS!OZld-Zafld-Poday}Ie}g :}uawyae;}yY 1.1, € • N a) 1. a.. d a V 1 Ira u7""',aar""r 47ra Kiri`sow+S. +'"w a r " -wi Jw 118[HX3 Nt Id 11H[SV aIkC) — y 7 fl 1 b CNV 3J111d;i.NRID tl, 9NI833NION UfdD 1ti(INV LHR2i1S SDRdd01101131 SNOISIA'AN NV la i'&- $ i N r j< \ / 1 St.g 5„ w r s Y. 6R 4 J �� WFO iEtt � 5w�� gq^ aazS gFgT � p >- ''� ik" a w } � m oYVJ "' N 0 , ❑NQ fOE ir z 04E, --, i; goyKgywoRE 'Ww QQ O w ✓ 8< z -, H0p. SDpdQN6 z IE pI 6 pppuilIp"s, wWhH < k< oWW�h iu �e 8 WN• lmN& w ,d_ gP m m0JA ,, aH Ut yNGN� W Q Fm + Y 4 O< S `a_ 2 , F glvoEV Jiw TWHF § c O :-.::„':;': Q Pnog o45EJ ti<S os % J Vn !II W p. s 4fPaq h -y 88Iggg O ._ p t ,, " / 1. I ` / .. 1 f o; xx xx a p� F$t p z< n aa m. a, >okt o$ k a 2 .; 1 W m 1 o 16 qS, N N Y 'L' O� O 225 N p ..(( m S W�W 3 d � O 4: LL 3 E. / pZ p Nao p q O n N 8 LL = �.� fA wtg�imK o L,4..,' - r. *Z3a E N zzd W g'1',.6 a nn w LI? OYFaW wLLwS � w • JH li V F Km li r Q I • PRICE STREET AND 41 CPUD MASTER PLAN PAGE 2 PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 4 of 20 aflda Lvv;aei s ao!Jd : ZEZZ) Oflda;aaa;s aoud-Zpc0000S6oZ1d-zand-podaa gels :;uawyae;;y N ui N r a yr Y' PURPOSE/DESCRIPTION OF PROJECT: c c ) The proposed PUD, which is adjacent to a commercial retail node known as Activity Center #18, is comprised of 3 parcels totaling approximately 6.55 acres (See aerial below). The southeasterly vacant parcel zoned General Commercial (C-4), contains approximately 4.31 acres and fronts US 41 and Price Street. The northern vacant parcel, zoned Commercial Intermediate (C-3), contains approximately .33 acres and fronts US 41. The southwesterly parcel, approximately 1.94 acres and zoned Rural Agriculture !' (A), contains an existing single family home. The applicant is requesting approval to rezone the properties to a Commercial Planned Unit Development (CPUD) and to allow 69,500 square feet of commercial uses including an automobile service station with 16 fuel pumps, automobile repair, and other commercial retail uses consistent with property zoned C-4. The intent is to have 3 separate commercial parcels in which one will have a Facility with Fuel Pumps adjacent to the Fifth Third Bank fronting US 41, one parcel will have a commercial building also fronting US 41 and a third building fronting Price Street. The PUD will have two external accesses, one on US 41 and one on Price Street. Included with the internal accesses within the PUD, a cross access will be provided to the Fifth Third Bank, where the proposed PUD abuts the bank's south property line. There are no fueling stations within 500 feet of this proposed PUD. District 1 .. -, ="'::""74.*: s. t-,. ''''I''''..4-',N , ';'0P,-.„; er# '1,:''''6:."'" f '' a fi • f S I ,-.3 N. � `4 , c{I... cE '-� '� ba s.' �i fr 9' � #` *. / Zoning. C o R:'26 ., 4 t.,i 26 i,k*.‘",,Q,4 r i ' Zoning:PUD ,.":44." : LELY R�$DRT / ' SIC '�v w �r a t �d' P i -t;.� x r t s VICTORIA FALLS _ Alliblib-` � `� 5 :.-4,-,,,.,,,,,,,.,17,,,,,.,;447.1' 4,;AI, ''-% 0. = ..,,,c,:44 49 ' latf 1,14-*40:- 4 and"fads b; ' ategory 2: :' 166 mph ° ' '440 m C_4 b Wr � ' T , , ", s 03 ":".. --i 1117, S .1 `ate R 1i �?51 � �'e= u , 1 i Zoninn 4O 4 :� - , , , 4 ' 4,,,_ 4,./ff ,,,,v".. ''''',4' ' 'Nre—ls.;::,, i - p L f r } Aerial Photo/PUD Boundary (subject site depiction is approximate) PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 5 of 20 afldO 147'8Pails aolad : zczz) and0;aaa;S 83!Jd-Zti£000OS60Z1d-Zafld-Joda2!1•lels :;uewyoe;;y eh` T to ti " N r T nw E: VI 3 CL � x SURROUNDING LAND USE AND ZONING (Subject properties highlighted in yellow on page 5) a North: Tamiami Trail East(US 41), golf course/mixed residential development Lely PUD (Lake, Outback Steakhouse, Chase Bank). West: Canal, Office with zoning designation of C-3, single family home with a zoning designation of A. South: Price Street, single family homes with a zoning designation of A. East: Commercial (Fifth Third Bank), with zoning designation of C-4, Price Street, Strip Commercial with a zoning designation of C-4. Table I below sets forth the proposed development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the SDP. TABLE I COMMERCIAL DEVELOPMENT STAN DARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES rl STANDARDS Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/A Min. Lot Depth N/A N/A PUD BOUNDARY SETBACKS(EXTERNAL)' US 41 25' SPS Price Street 25' SPS Canal 20' SPS SETBACKS(INTERNAL) Front/Internal Drives(3) 15' 10' Side 10' SPS Rear 10' SPS Min. Distance Between Principal Structures %2 Building Height 10 MAXIMUM HEIGHT Actual 45' 45' Zoned 35' 35' SPS =Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Automobile service station and associated fuel pumps will meet the site design standards and setbacks set forth in LDC Section 5.05.05. (3) Front setback is measured from back of curb for private roads and access ways only. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 6 of 20 Ofld3 4i4'8 loads ao!ad : nu) a(ld3 laails aoud-ZnO000si.ond-ZOfld-vodab }els :;uewgoe;;y d � g W N ti I ii 2 Accessory uses customarily associated with Permitted Principal Uses of C-4 are including but not limited to: c.7 I -Customary accessory uses and structures. -Caretaker's residence,subject to Section 5.03.05. -Essential services,including interim and permanent utility and maintenance facilities. The following uses are'prohibited uses within the CPUD: -Tattoo/piercing parlors(S.I.C. 7299) -Adult entertainment and sexually oriented businesses -Pawn shops Due to the proximity of residential along Price Street,the applicant has prohibited the following uses within 250 feet of the Price Street right-of-way: -Automotive services(S.I.C. 7549) -Gasoline service stations(S.I.C. 5541) -Repair services(S.I.C. 7699) t The applicant is showing three (3) conceptual building footprints. The two (2)buildings to the east, fronting i( US 41 and Price Street show two (2) - two story buildings with a maximum height of 35 feet. The third building to the northwest,a three(3)story building,will have a maximum height of 45 feet,fronting only US , 41. The applicant is also requesting three (3) deviations from the Land Development Code (LDC). The r requests are for: 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all • sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2,along the western property line where the CPUD abuts residential property. 3. Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type"B"landscape buffer where automobile service stations abut commercial uses,to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 7 of 20 aflda 147 laa S eoud : Z£ZZ) aflda;aai;g 83!Jd-Z17£000OSLOZId-Zofld-poda21 ale;S :;uewyoe;;y • • EL N GROWTH MANAGEMENT PLAN CONSISTENCY: a The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Countywide Future Land Use Map of the Growth `f Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions, for the most part, apply to residential development and pose no limitations upon this request. Based upon staff's analysis, the proposed PUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan(See attachment). Conservation Consistency Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. The project site contains 1.83 acres of native vegetation, fifteen percent(0.27 acres) of which are required to be retained. Transportation Element: Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 8 of 20 Y aflda bP'8:aaJls ao!Jd : Z£ZZ) anda laaAs e3!Jd-ZP£0000960ld-Zofid-4ode }telS :luauayaellk/ co 1 in 1 ti W N ; a , is g ..*-4., The proposed PUD Amendment on the subject property was reviewed based on the then applicable 2015 o AUIR Inventory Report. The TIS submitted in the application indicates that the proposed development will generate approximately 468 PM peak hour trips, with 242 PM peak hour net new trips on the adjacent roadway links, as follows: t d i : Roadway Link 2015 AUIR Current Peak 2015i. Existing LOS Hour Peak Remaining Direction Service Capacity i, Volume/Peak Direction Tamiami Trail Rattlesnake D 3,000/East 731 East(US 41) Hammock Road 4 to Triangle Boulevard(6 lane divided) Tamiami Trail Triangle C 3,000/East 1,299 East (US 41) Boulevard to Collier Boulevard (6 i' lane divided) Based on the 2015 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support thier action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review : Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. This project does not require review by the Environmental Advisory Council (EAC) since the project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 9 of 20 oflda eapd : Z£ZZ) oflda;aa.i;g a3Pd-ZP£0000560Z1d-Zafld-Jodaa}}e;g :;uewgae;;y uir- .CV C a y. and Ordinances. The 0.27 acre of preserve required for the PUD has been requested to be taken off-site a as allowed by Section 3.05.07 H.1.f of the LDC. Landscape Review: Staff has reviewed the PUD Document and Master Plan and recommends that Deviation#2 be denied. Standards for"Facilities with Fuel Pumps" were adopted to limit the impacts on adjacent proprieties, residential properties in particular. Staff would be open to alternative designs in meeting intent, however, reduction in pervious area (open space), berm, and concrete wall is too drastic in meeting intent. Staff as reviewed Deviation#3 and recommends approval on the condition that internal buffers abutting the"Facilities with Fuel Pumps"have a 15-foot Type A buffer with a single row of shrubs, 24 inches tall at planting , maintained at 36 inches. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document J' and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD Ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allow use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space, and location. Staff is of the opinion that the design standards and uses are compatible with surrounding uses except for Automotive services(5541)and Repair services(7699),which the applicant has included in the PUD. Although the applicant has proposed these uses as"not to be within 250 feet of Price Street,"staff believes that this "infill commercial area"should be more of a transitional area between the Activity Center and the residential uses, limiting commercial intensity. Although staff can support some of the uses under 5541 and 7699 categories,the following uses may be a detriment,considering these uses sometimes have obnoxious noise and fumes, Gasoline service stations(5541)allows for such uses as: -Automotive and Marine repair -Tire Repair -Oil service,and other minor repair -Car washes Repair service(7699)allows for such uses as: -Tractor repair -Septic Tank cleaning services -Agricultural equipment repair -Engine repair -Farm machinery repair -Tank Truck Cleaning services -Industrial Truck repair -Motorcycle repair PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 10 of 20 Ofld3 LP g;aaa;g ao!Jd : Z£ZZ) OfidO aaljd-ZtrC0000S60Z1d-zand-Podaa}fie;g :luawy3e14yco W N r a r . Deviation Discussion: a � i The petitioner is seeking three (3) deviations. The petitioner has provided justification in support of the deviations. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . Staff has analyzed the deviation requests and has provided the analyses and recommendations below. ii. Deviation 1: Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. Justification: The eastern side of the automobile service station is blocked from views along Price Street by the existing Fifth Third Bank building. Less than 10% of the eastern building façade will be visible from an external public roadway. Due to the minimum visibility from the roadway, the intervening bank building, and proposed Type "B" buffer along the eastern property line, the applicant respectfully requests relief from the requirement to design the eastern façade to primary facade standards. In support of this request, the attached illustrative rendering (Deviation Attachment E-l) demonstrates the architectural features and design quality of the proposed façade. Staff Analysis and Recommendation: Views will still be visible from the residential area along Price Street to the South, even with additional landscape. Staff believes the (2) two required "Primary Facade" design features should still be required. Staff recommends Denial of this deviation. Deviation 2: Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts residential property. Justification: The applicant is requesting an alternative buffer to meet the intent of the above code section, while maintaining attractive view sheds from the neighboring property. As shown on Deviation Attachment E-2, the applicant is proposing the following planting enhancements to support this request and meet the intent of the LDC as follows: -Double hedgerow installed at 5 feet in height at planting and maintained at 6 feet in height within one year of planting; -Understory trees,clustered at 6 trees per 100 linear feet and planted at a height of 6 feet; -4 canopy trees per 100 lineal feet,planted at a height of 12 feet; and PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 11 of 20 undo 14 g;aaa;S aoud Z£ZZ) aflda;nails a3Pd-Zl 0000540Z1d-Zafld-Podaa uels :lueunpellV ti d -Enhanced gass/ground cover(3 gallons plantings),planted at 200 square feet per 100 linear feet. The automobile service station buffering requirement in the LDC measures separation between the property line of the automobile service station and the nearest residential property line. This measurement does not take into account sites that provide substantial spatial separation between the proposed fuel pumps and the property line, or where intervening buildings are proposed within the project to separate the residential uses from the pumps. The LDC also does not take into account certain off site features, such as the drainage canal,that provide further separation. As shown on Deviation Attachment E-2, the dwelling unit on the property to the west is approximately k 700± feet from the proposed fuel pumps and is spatially separated not only by the proposed drainage canal, but by the proposed commercial buildings within the CPUD. Additionally, the fuel pumps are located along the US 41 frontage in the far northeastern portion of the site, as far away from the western property line as possible. Due to the sensitive site design and enhanced plantings proposed, the applicant respectfully submits that the proposed buffer will meet with the intent of the LDC, while acknowledging this site's unique configuration. g At the Neighborhood Information Meeting on November 2, 2015,the applicant asked the neighbor to the west if they would prefer enhanced vegetation or the required wall. Per the NIM meeting synopsis and audio recording,the adjoining property owner stated that the enhanced plantings were desired,and they did not want the wall. Staff Analysis and Recommendation: The Board of County Commissioners recently adopted new requirements for "Facility with Fuel Pumps" in making these projects more compatible with residential and other commercial. One single factor affecting residential is noise. In most cases, these facilities are open 24 hours and concrete walls on top of a 3-foot earthen berm will have the most impact in reflecting noise. Although plant material does do an adequate job in screening uses from residential, plant material does not have the adequate noise reflecting properties similar to a concrete wall with berm. Staff recommends denial of this deviation. Deviation 3: Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type B landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type B buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. Justification: The, CPUD is designed as a unified commercial development and not as individual commercial projects. The applicant is requesting omission of internal buffers to facilitate pedestrian movement throughout the site, without the impediments generated by a 15-foot wide Type B buffer, which includes a required hedge, wall, or fence. The applicant respectfully submits that the Type B buffer would isolate internal uses and create virtual road blocks internal to the site that preclude efficient internal circulation. To off-set the impact of this request, the applicant is proposing increased general trees within the vehicle parking areas to provide additional vegetation within the project. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 12 of 20 and° I.17 '8;aai4S aoiad : Z£ZZ) afld°laaa;S 83!id-ZP£000OS60Zld-Zafld-Podem}}e;S :4uawgoet;d c r- i w N k as ; d , . — Please note the applicant is not requesting relief from the requirements to provide the 15-foot wide c a Type B buffer along the CPUD boundaries, where the automobile service station abuts external commercial uses. These required buffers are shown on the enclosed PUD Master Plan in accordance 1 1 with the LDC. 1 1 Staff Analysis and Recommendation: Code requires a 15-foot Type B buffer and a 10-foot Type A ' buffer when a"Facility with Fuel Pumps" is adjacent to commercial. Staff sees no detrimental effect if this deviation request is approved as long as, at a minimum, a 15-foot Type A buffer with a single row of shrubs 24" tall at planting, maintained at 36 inches, is required between the "Facility with Fuel Pumps" and the other internal commercial uses. Sidewalks are required in linking abutting uses and can A. cross buffers, without creating isolation with the PUD. Staff recommends a conditional approval of this ! deviation. i r FINDINGS OF FACT: 1 LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below. (Staffs responses to these criteria are provided in bold, non-italicized font): a; is PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC ^` shall make findings as to the PUD Master Plan's compliance with the following criteria." (Staff s responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses, except for Automotive services (7549) and Repair services (7699), and property development regulations are compatible with the development approved in the area. The commitments made by the applicant and staffs recommended with stipulations and conditions should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the ....., developer. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 13 of 20 _ i. aftda 4ti'8;ea.i;g aoi.id : Z£ZZ) anda;aa AS e3!id-ZP£0000S40Z1d-ZOfid-Pod0I ge;S :;uewgoe;;y r T ti' W N 2, a .60d ea a 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 offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on those staff analyses, planning and zoning staff is of the opinion that this petition may be found consistent with the Future Land Use Element. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided in LDC Section 5.05.05 a review of the proposed uses. Staff is of the opinion that the newly adopted buffering standard should be enforced where abutting residential. Staff is also of the opinion that the internal standard for buffering may be reduced to only requiring one 15-foot Type A buffer with a single row of shrubs 24"tall at planting between uses since this is a PUD. As stated earlier, it is staff's opinion that Automotive services (7549) and Repair services(7699) should .i. not be an allowable use in this proposed PUD. 5.The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of usable open space meets code and serves the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and/or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the CPUD Ordinance, which includes provisions to address public safety. Additionally staff has included developer commitments to specifically address additional operational concerns related to impacts resulting from the proposed development. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 14 of 20 afda 14+g;aaa;S 93Pad Z£ZZ) undo ;aaJ S 83!Jd-Zi7£000OS60Zld-Zatld-1odeJ ile;S :;uawgoe;;y N ui CO a 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in thetii particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of three (3) deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval for only "Deviation 3", with conditions. Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font). 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be p' compatible with adjacent neighborhood development. Comprehensive Planning staff finds the proposed (i PUD application consistent with the Future Land Use Element. The petition can be deemed consistent with the COME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed PUD is appropriate given the development restrictions included in the PUD Ordinance and the conditions and stipulations proposed by staff. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed PUD with conditions and stipulations would not create an isolated zoning district. The subject site is surrounded by land zoned similar (C-3 and C-4) to the northwest and east. The remaining residential uses (zoned A)will have buffering, creating compatibility with those uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 15 of 20 • < afldO 647+g lamas aapd : ZEZZ) aflda pails a3!jd-Zb£000OS60fd-Zafld-pode }}els :luauayae;;y co• ti W c 0 5.Whether changed or changing conditions make the passage of the proposed rezoning necessary. a The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC J provisions to seek such an amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment,the property could be developed in compliance with the existing zoning designation of Agriculture, C-3, and C-4. If 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD, with the commitments made by the applicant and the stipulation and conditions offered by staff, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure is sufficient to serve the proposed project at this time. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP) or Subdivision Platting (PPL) review. is 8. Whether the proposed change will create a drainage problem. The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this PUD petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD Document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 16 of 20 aflda Lti'8;aaa;S aal.id : Z£ZZ) aflda;aaa;S 036ad-Zti£0000S6oZld-Zafld-Podam}}e;S CD ui ti � N a- `rr 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. aI The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the Growth Management Plan through the proposed PUD, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban-designated areas of the Collier County. Staff is of the opinion that the PUD development standards and commitments with conditions and stipulations will ensure that the project is not out of scale with the needs of the neighborhood and County. 15.Whether it's impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the proposed GMPA and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. PL20150000342•PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 17 of 20 aldo '2 Pails aoJd Z£ZZ) ald� aailS aopd-Zti£0000540Z1d-Zald-poda2uaw e Bt ti. W N r a a 17. The impact of development on the availability of adequate public facilities and services g consistent with the levels of service adopted in the Collier County Growth Management Plan and a" as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and County Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. 18. Such other factors,standards,or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING: The applicant's agents conducted a duly noticed NIM on November 3, 2015, at Eagle Lakes Community Park. Please see the attached NIM summary provided by the agent. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on September 26, 2016. ti PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 18 of 20 otld3 ;awls eoud Z£ZZ) anda;aaa;s a3!id-Zti£0000sI.ond-Zand-3Jodam}}e;g :;uawyoefy co co a' RECOMMENDATION: CC' CL.`I Zoning Services staff recommends that the Collier County Planning Commission forward PETITION PUDZ- PL20150000342 to the BCC with a recommendation of approval with the following conditions: 1 1. Remove"Deviation 1"regarding a deviation LDC Section 5.05.08.C.2, which requires primary facade standards to be applied to all sides of buildings facing a public or private street. Staff believes that even with the additional landscaping,the façade will still be viewed from Price Street. 2.Remove"Deviation 2"which requires"Facilities with Fuel Pumps"within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall on top of a 3-foot berm.The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall and berm. Staff believes the new standards for this use should be applied. 3.Approve"Deviation 3"conditionally that only a 15-foot Type A buffer with a single row of shrubs 24 is inches high at planting and maintained at 36 inches high be required between all internal uses abutting the "Facilities with Fuel Pumps." 4. Remove Automotive services (5541) and Repair services(7699) as approved uses in the PUD. Some of these uses may be considered incompatible next to residential use. 5. Remove Note#2 in the Commercial Development Standards regarding "Facility with Fuel Pumps. If "Deviations 2 or 3" are approved,this note will contradict the PUD. If not approved, this note would be redundant. 6. Update the "Developments Standards Table"to include building height restrictions shown on the Master Plan. Attachments: • Attachment 1: PUD Ordinance Attachment 2: Applicant's Backup Material Attachment 3: GMP Consistency Review Attachment 4: E-Mails PL20150000342;PRICE STREET&US 41 OCTOBER 6,2016 CCPC Page 19 of 20 Indo 1.17'8 leeilS aoPd ZCZZ) anda a3pd-zn0000s i.ond-zand-podeN ims PREPARED BY: CL DANIEL JAMES SMITH,AICP DATE PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: 7144, ri 7 17 / RAYWD V. BELLOWS, ZONING MANAGER DATE ZON DIVISION 21 I MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: 4011. - FAMES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT // / / CTIE /ft 6 DAVID S. WILKISON, P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT 17.E.2 ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL 0 PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH a FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD, LOCATED AT THE ces SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION a 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, a) FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20150000342] . N WHEREAS, Alex Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, is Esquire of Cheffy Passidimo, PA representing Price and 41, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. a) U NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: o` SECTION ONE: U R The zoning classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, and Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district and a rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 6.5± acre parcel to be known as the Price Street and 41 CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in --� [15-CPS-01458]95 Page 1 Price Street CPUD-PUDZ-PL20150000342 10/14/16 Packet Pg.2768 17.E.2 Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: 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. d 0 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA a U By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: N Heidi Ashton-Cicko �l— tO Managing Assistant County Attorney`� o ca Attachments: Exhibit A- Permitted Uses Exhibit B - Development Standards Exhibit C -Master Plan o Exhibit D - Legal Description Exhibit E - List or Deviations E Exhibit E-1 - Facade Exhibit Exhibit E-2 - Buffer Exhibit ct Exhibit F - Developer Commitments [15-CPS-01458]95 Page 2 Price Street CPLD-PUDZ-PL20150000342 10/14/16 Packet Pg.2769 17.E.2 EXHIBIT A LIST OF PERMITTED USES PRICE STREET&41 CPUD PERMITTED USES A maximum of 69,500 square feet of gross floor area of commercial uses shall be constructed within the project. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Accounting (8721). 2. Adjustment and collection services (7322). Ti* 3. Advertising agencies (7311). CD 4. Advertising - miscellaneous (7319). 5. Apparel and accessory stores (5611-5699). 6. Architectural services(8712). a 7. Auditing(8721). 8. Auto and home supply stores (5531), and restricted to the commercial building located along the US 41 frontage. 9. Automotive services, except carwashes, (7549) except that this shall not be construed to permit m the activity of "wrecker service (towing) automobiles, road and towing service", and restricted to the commercial building located along the US 41 frontage. 10. Banks, credit Unions and trusts (6011-6099). a 11. Barber shops (7241, except for barber schools). M^ 12. Beauty shops (7231, except for beauty schools). 13. Bookkeeping services (8721). 14. Building cleaning and maintenance services (7349). 15. Business associations (8611). 16. Business consulting services(8748). 17. Business credit institutions(6153-6159). 18. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile c recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- 0 telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers,textile folding, tobacco sheeting, and window trimming service). 19. Cable and other pay television services (4841) 20. Carpet and upholstery cleaning (7217), on customer's premises only. 21. Civic, social and fraternal associations (8641). 22. Coin-operated laundries and dry cleaning(7215). 23. Commercial art and graphic design (7336). 24. Commercial photography(7335). Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 1of11 Packet Pg 2770 17.E.2 25. Computer programming, data processing and other services(7371-7379). 26. Computer and computer software stores (5734). 27. Credit reporting services (7323). 28. Dance studios,schools and halls, indoor(7911). 29. Direct mail advertising services(7331). 30. Drug stores (5912). 31. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 32. Electrical and electronic repair shops (7622-7629). 33. Engineering services (8711). 34. Essential services, subject to section 2.01.03 35. Facilities support management services(8744). 36. Federal and federally-sponsored credit agencies (6111). 37. Food stores(groups 5411-5499). o 38. Funeral services (7261, except crematories). 39. Garment pressing,and agents for laundries and drycleaners (7212). cc 40. Gasoline service stations (5541), except auto services and repairs - Limited to one (1) gasoline service station for the entire CPUD, and subject to LDC Section 5.05.05. a. 41. General merchandise stores (5331-5399) T 42. Glass stores (5231). 05 43. Hardware stores(5251). 44. Health services, miscellaneous (8092-8099, except 8093). 45. Health services, offices and clinics (8011-8049). 46. Home furniture and furnishings stores (5712-5719). a.47. Home health care services (8082). 48. Household appliance stores(5722). M 49. Insurance carriers,agents and brokers (6311-6399, 6411). 50. Labor unions (8631). 51. Landscape architects, consulting and planning(0781). r 52. Laundry and garment services, miscellaneous (7219). 'a' 53. Legal services (8111). T � 54. Loan brokers (6163). 55. Management services (8741, 8742). 56. Medical and dental laboratories (8071 and 8072). 57. Medical equipment rental and leasing (7352). 0 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Motion picture theaters (7832). 61. Museums and art galleries (8412). 62. Musical instrument stores (5736). 63. News syndicates (7383). 64. Outdoor advertising services (7312). 65. Paint stores (5231). 66. Personal credit institutions (6141). 67. Personal services, miscellaneous (7299). 68. Personnel supply services (7361&7363), employee leasing only. 69. Photocopying and duplicating services (7334). 70. Photofinishing laboratories(7384). 71. Photographic studios, portrait (7221). Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page2ofll Packet Pg. 2771 17.E.2 72. Physical fitness facilities (7991). 73. Political organizations (8651). 74. Professional membership organizations(8621). 75. Professional sports clubs and promoters, indoor (7941). 76. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 77. Public relations services (8743). 78. Radio,television and consumer electronics stores (5731). 79. Radio, television and publishers advertising representatives (7313). 80. Radio and television broadcasting stations(4832 &4833). 81. Real Estate (6512, 6531-6552). 82. Record and prerecorded tape stores (5735). 83. Repair services- miscellaneous (7699-except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 84. Research, development and testing services(8731-8733). as 85. Retail - miscellaneous (5921-5963, 5992-5999), except for grave stones, monuments and tombstones. 86. Retail nurseries, lawn and garden supply stores (5261). a 87. Reupholstery and furniture repair (7641). 88. Secretarial and court reporting services (7338). oes 89. Security and commodity brokers, dealer, exchanges and services (6211-6289). 90. Security systems services (7382). 91. Shoe repair shops and shoeshine parlors (7251). 92. Surveying services(8713). 93. Tax return preparation services (7291). 94. Theatrical producers and miscellaneous theatrical services, indoor(7922 only). M•� 95. Travel agencies (4724, no other transportation services). 96. United State Postal Service (4311, except major distribution center) 97. Veterinary services (0742 only, and excluding outside kenneling). 98. Videotape rental (7841) 99. Vocational schools(8243-8299) 100. Wallpaper stores (5231) CD 101. Watch, clock and jewelry repair(7631). cis 102. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the 0 operational functions of a business and are purely associated with activities conducted in an office. m Any other principal and related use that is determined to be comparable to the foregoing by the cti Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures. 2. Caretaker's residence, subject to section 5.03.05 Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 3of11 Packet Pg.2772 17E.2 3. Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). C. Prohibited Uses The following uses are prohibited within the CPUD: 1. Tattoo/piercing parlors 2. Adult entertainment and sexually oriented businesses 3. Pawn shops 4. Car washes m 5. Communication towers 0 N a) The following uses are prohibited within 250 feet of the Price Street right-of-way: 0 1. Automotive services (7549) v 2. Gasoline service stations (5541) 3. Repair services (7699) `t a'f '' V/ a) V 0 N N O a) U f6 0 a) E C.) t0 Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 4 of 11 Packet Pg.2773 17.E.2 EXHIBIT B DEVELOPMENT STANDARDS PRICE STREET&41 CPUD Development of the Price Street CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards,then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP. 0 TABLE I COMMERCIAL DEVELOPMENT STANDARDS (1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS V Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/A o� Min. Lot Depth N/A N/A PUD BOUNDARY SETBACKS(EXTERNAL)(2) m c) U.S. 41 25' SPS Price Street 25' SPS Canal 20' SPS SETBACKS (INTERNAL) Front/Internal Drives(2) 15' 10' `r° Side 10' SPS 0 Rear 10' SPS Min, Distance Between c, Principal Structures '/z Building Height 10 MAXIMUM HEIGHT p` Actual 45' 45' E Zoned 35' 35' Q SPS= Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Front setback is measured from back of curb for private roads and accessways only. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 5 of 11 Packet Pg. 2774 SLLZ 'Bd 3alloed' .....'L.-a" g r '>' -'-- E — „D„.LISIHX3 NV'Id 2I31SVW QfldD 1 m m Nm 0'1'lbQN.V3D12Id:1,Nall0 INIt131N'�1�9{N3 Ql ldJ It QNV iaax LS HDI2Id S1N3WW0�A1Nf10�2l3d a3S�A3a 9tlbt/Ol z . OHf It M SNOISIA371 NtlI4 ©i N F. m�J WUV�U a kw QU UN p yWO mUgzg_ Oyri ,o�P1 cPw J E n O 1332115 3ZRId 0 K• )- aG N< _. ..._ _....... -.....� Q M D _ _ �l - 1 — ?vv, m n . i r ii�_rA hi a_. J h mgErj a) 156-- O�" 1� — J ,, j . I w U - en dm ®0 1 i I i II— — 8! 9 PT ri gN o [ )' mom qH • C(2: "... g ow o gal 06 o O0 IWa a a .. U I CD YYr_ . w �0WN :y ll m I ,I / / /wpm rtMr Po z ,, — I In / // / ti v.„,- i4:, f9 m ..-__..-..._...� / O / o il ;1 ft,' z - z C Ws ! ”- `°ro, ' IMr............."gw7 5 • Jo ...... ..„ ,66.4:7 Z / / / XI r t 11J /�a v / a" � O IeW5 m V ��G /+ .::.m i I I 0 , / W N I / / K<< .W LW U / O O /i b / Ih k`�. ' / mO / < N < J oiL / UW u R15 Q j U V 1)0/I m .i P LL O W m 2< / 042J a ip if,17, / Fga --- a C U �OU / WUiw j -�- _ O W t. § O?h I if;WK O g^ UV, Ig?r m NW I Z*3'L I. 6MP'9oZo3Z0£Zb\sueld luaun3\andO laaJlS 801.1d t03-Zo-£Zbisl!414X3-S6wnnela Z ase4d—laa4S amid St t'8 OOt ZO-£Zi\slaa[oidl:g •6 a Ve :.:aa.tn 9LLZ d d o -- D...LIEIHX3 NVid I LSVIN QfldJ I 4 ry DTI'lb(INV 3ORId:.LN3PIO i ►NIl133N19N3I '-• 0a0'1dM QndD It QNH .LHH2iZS HOI2Id SiN3WWOO AiNnOO 83d O3SIA3a 9L/LO/OL Q E z 6 SNOISIA31 f-W'Id i 40 H / 1 / a s / Vp zJ OQmr rOC w2 m 0 C _ aLL U =' aJwOm 00 UW�OWZ Z¢ - }wfSprwrOC ¢ ¢m F- Y �? 17.E.2 EXHIBIT D LEGAL DESCRIPTION PRICE STREET&41 CPUD PARCEL 1 (PARCEL NO. 00727320005) COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, T51S, R25E, AND RUN THENCE ALONG THE WEST LINE OF SECTION 3, S01°01'40"W 155.14'TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. RTE 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 55.31'; THENCE LEAVING SAID RIGHT OF WAY S35°39'44"W 238.10'; THENCE S54°20'16"E 210.00 'TO THE NORTHWESTERLY RIGHT OF WAY OF PRICE ROAD;THENCE ALONG SAID RIGHT OF WAY S35°39'44"W 145.04; THENCE ALONG THE NORTH RIGHT OF WAY OF PRICE ROAD S89°43'40"W 327.91' TO THE WEST LINE OF THAT LAND DESCRIBED IN O.R. 851 PAGE 177, OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE ALONG SAID WEST LINE N0°59'20"E 623.02' TO THE NORTH LINE OF SECTION 4; THENCE ALONG SAID NORTH LINE S 89°52'40"E 108.71' TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. 41 AFORESAID; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 266.16'TO THE POINT OF BEGINNING p �E PARCEL 2 (PARCEL NO.00726760006) 0- THE THE EAST 'A OF THE WEST %: OF THE NORTHEAST ' OF THE NORTHEAST '4 OF THE NORTHEAST '4 OF cts SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 30' THEREOF AND LESS THE WEST 30' THEREOF. a� U PARCEL 3 (PARCEL NO. 00447880207) ,•••••••••• M COMMENCE AT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SECTION 33, N89°52'40"W 219.57' TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL (US 41) AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY N54°19'07"W 200.00'; THENCE S35°36'08"W 137.99'; THENCE SO°58'05"W 3.73' TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH SECTION LINE S89°52'40"E 242.85'TO THE POINT OF BEGINNING. a, U CC THE THREE PARCELS CONTAINING 6.557 ACRES MORE OR LESS. O .V d E U fQ Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 8 of 11 Packet Pg.2777 17.E.2 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC PRICE STREET&41 CPUD 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street.This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary facade per Exhibit E-1. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts residential property. a) 3. Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type "B" landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. cho a) C a) a c N Th O a) f6 O = a) C) f4 ill Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 9 of 11 Packet Pg.2778 , .„,f.. .;• i 6LLZ"6d 19)138d -:. . i.7 •y.. • c • •;.-.•:• ,..„..., w . , • 1. -- 1'1,, .,.• 1.4.-• 1 ,.- ...-., _ ,.•., t..... -.•-• t,'*- Ez.7 11.,.! - i I c.) 4a,_ t.A_.;'•.,' I-1-1 'i i :,''" '-.•'•;;... "ttit 1 1,1'; < .. 0 -- : .., .--... .4^... 'rrrr rAf) I 0 / .3 *4 1 ,.. „ _ .. 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D 0 u- 03 I 0 „ —,. & 0 0 ,--- ..- w. z .. cn d o a-r QC — •. „ - LU ,-.. ..,-z 1 • ,A,„ _0 ,3 •'. 7.-_ , U") 0 2 \ . 0/: ,-.. • 4 cr I ''... al.6 al 0 0 ;• ...4,4t. 0 z ./ 7111111113 -: tiltilitio1/4, T u.i— I— IA \\ C 1 z C3 a 5 Ix cl- f" CiltkNI L.LH— e• , l' Sik XJ 0< ,\\ m 0 m <D t",-,CC 77 Akiii,` = —1 U.I W _1 ,44 co, ,...„..„...,:.., ,.. 1 0 b /7 o w I/ tt, .,, * ,\ •,,,, \\V r---.. 1 -' I •-::,.,--=-..- 6, .:, 1 A t.„__.,.5,(• L.0-:. ; I- 301M - . Z-3"/.1, ....,__...,....„......,.._............,.....__ , 17.E.2 EXHIBIT F DEVELOPMENT COMMITMENTS PRICE STREET&41 CPUD 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Price and 41, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and d the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and a. fulfillment of PUD commitments. aa 2. UTILITIES m A. The developer shall connect to the Collier County Water Sewer District (CCWSD) potable water system at locations determined by CCWSD when capacity is available. a. B. The project shall connect to the CCWSD wastewater collection and conveyance system at N locations determined by CCWSD when capacity is available. N C. The project shall connect to the CCWSD Irrigation Quality water system at locations determined m by CCWSD when capacity is available. 3. TRANSPORTATION m 1 U A. The development shall be limited to a maximum of 468 two-way unadjusted PM Peak Hour Trips. O B. An interconnection to the parcel to the east, currently a Fifth Third Bank parcel will be E provided upon approval by the owner of said parcel. c. w C. The owner, its successors or assigns, shall pay, for its fair share payment of the access Q improvements at the intersection of U.S. 41 and Price Street/Triangle Boulevard and improvements at Price Street/Waterford Drive/Project access as required by the pending Triangle Boulevard/41 Traffic Study by AIM Engineering (i.e. roundabout conceptual plan at Price Street/Waterford Drive/Project Access and US 41/Price Street Northbound/Westbound and Eastbound turn lane improvements). Prior to site development plan approval, the owner shall post a performance guarantee such as a bond or letter of credit in the amount of$33,500.00. Once the study is finalized, any road right- of-way needed by the County, above and beyond the amount that would be required for compensating right-of-way for site specific turn lanes, shall be valued based on fair market Price Street CPUD—PUDZ-PL2015-0342 Last Revised;October 14,2016 Page 10 of 11 Packet Pg. 2781 17.E.2 value and applied as a credit toward the owner's fair share payment upon conveyance of such additional road right-of-way. The owner shall also receive a credit toward the owner's fair share payment for the cost of design of the southern roundabout in the amount not to exceed $8,500, for which invoices must be provided. Please refer to Exhibit F for the conceptual roundabout design.This exhibit is provided for conceptual purposes only. 4. ENVIRONMENTAL A. The subject site contains approximately 1.83 acres of native vegetation, of which 15% (0.27 acres) is required to be preserved. The native vegetation preservation requirement will be satisfied off-site in accordance with Section 3.05.07.H.1.f of the Land Development Code. 5. PLANNING A. Amplified outdoor sound associated with the food store and fuel pump facilities is limited to 7 a.m. to 10 p.m. daily. Amplified outdoor sound is prohibited for all other non-fuel facility parcels/commercial buildings. B. Dumpsters shall be setback a minimum 80 feet from the existing Price Street right-of-way. v C. Lighting fixtures located within 50 feet of the existing Price Street right-of-way and the west ces property line (adjacent to the Eagle Creek Canal, aka C-4 Canal)shall be limited to a maximum height of 15 feet. All other lighting fixtures shall comply with the Land Development Code regulations. U a r� 7.47 � I C) C f0 C O .•• caa E O Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 11of11 Packet Pg.2782 17.E.2 / : EXHIBIT F CONCEPTUAL ROUNDABOUT DESIGN t (,, -,„ s‘s, v „ ~ A S\ ' ,_. N .. . c N 2• rewNA NNN, m Cl- (-) r er 05 Approximate Right— ..\N'\.N..„ . . G., of-way impacts ' • / . /.. 6.. ,-,-, , . , - , c.) 1., I= \ " • Cl. / \ (NI r, cNi NI Right-of-way from Wawa / 1 Outside of Landscape buffer ,e, * Approx.162 sq ft(orange) c...5 ';'''''-'7 \4it. /4.. 4 / 1.; Total Right-of-way from Wawa Approx.252 sq ft t4"; .„..._ \ / ,44416 .irs. ca ,- 13 (5 .;.:. ,.- /I DReigvhet-loopf-mewanytfrom Large 414 Approx.245 sq ft a) E,4 -.. .-_,..— ,,,,,cpifir c.) #,,,,,W 2':/,' '... 4,- ., M\ , _ , .. : i li , ! RiSi i Right-of-way/Sidewalk ght de 1 APr Easement Private property 1 Truck on Approx.66 sq ft 1 ' \\ ' , 1 i Packet Pg. 2783 afld0 Lb'8;aaa;S solid : Z£ZZ) atld0 ;aa.I;S a3!ad-Zb£00009I.0fld-ZO ld-oweIN Aoua;s!suo3 :;uawg3e4v 141: co / W N ti 0 co..o e- - x GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION CONSISTENCY REVIEW MEMORANDUM To: Dan Smith, AICP, Principal Planner,Zoning Services Section From: Corby Schmidt,AICP, Principal Planner, Comprehensive Planning Section Date: September 15, 2016 Subject: Future Land Use Element(FLUE) Consistency Review of Proposed Price Street&41 Commercial Planned Unit Development(2nd memo) PETITION NUMBER: PUDZ-PL20150000342 [REV:2] PETITION NAME: Price Street&41 Commercial Planned Unit Development (CPUD) REQUEST: This petition seeks to rezone a ±6.5-acre property from the A (Rural Agricultural District), C-3 , (Commercial Intermediate) and C-4 (General Commercial) zoning districts to the Price Street &41 Commercial Planned Unit Development (CPUD). LOCATION: The ±6.5-acre property is located north and northwest of Price Street, and south and southwest of .-• US 41, in Section 33,Township 50 South, Range 25 East, and Sections 3 &4, Township 51 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area `F (Urban Mixed Use District, Urban Coastal Fringe Subdistrict,), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions,for the most part, apply to residential development and pose no limitations upon this request. The subject property is an aggregation of three individual parcels and three different zoning districts, as follows: 1. US 41-fronting, eastern-most 4.3-acre parcel (now C-4) [PIN 00727300051 2. US 41-fronting triangular 0.33-acre parcel (now C-3) [PIN 00447880207] 3. Price Street-fronting rectangular 1.94-acre parcel (now A) [PIN 0072670006] The C-3 and C-4 zoned parcels are deemed"consistent by policy;"as such,they may be developed per their existing zoning;or, may pursue a rezoning subject to the provisions of FLUE Policy 5.1;or,may pursue a rezoning consistent with any applicable FLUE subdistrict. Certain commercial land uses may be allowed under the auspices of the Office and In-fill Commercial (OIC) Subdistrict [a non-site specific (text based) FLUE designation]. The application has chosen to utilize the OIC Subdistrict for a portion of the subject property and FLUE Policy 5.1 for the remainder. Provisions of the OIC Subdistrict are listed below,followed by staff analysis [in bold text]. FLUE Policy 5.1 analysis follows after. The intent of the Office and In-fill Commercial Subdistrict is to allow low intensity office commercial or infill commercial development on small parcels within the Urban Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed Attachment 3 afldO 14'8;aaa;S ao!Jd : ZCZZ) undo Pe-11S 03!id-Zib£0000S60nd-Zafld-owaIN /ioua;s!suoO :;uawyoe;;y LLJ N Y O)11` -�� below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict,"abuts"and "abutting" a) excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local a street; and "commercial"refers to C-1 through C-5 zoning districts and commercial components of PUDs. a, The subject site is in the Urban-Mixed Use District. [The subject site is in the Urban-Mixed Use District.] b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. [The subject site fronts US 41,an arterial road as identified in fi the Transportation Element.] c. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size,the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. [The PUD rezone is requested for the ±6.5-acre subject property in its entirety. However, only the ±2.6-acre portion (now A &C-3) rezone is based on criteria of the OIC Subdistrict. The remaining ±4.3-acre eastern-most portion (now C-4) rezone is requested based on FLUE Policy 5.1.] d. The site abuts commercial zoning: (i) On one side and that abutting commercial site is not within an infill Subdistrict in the Urban Mixed Use District or the Urban Commercial District; or, (ii) On both sides. [With regard to the ±2.6-acre subject OIC property (now A & C-3), it is determined that it abuts commercial zoning on 2 sides—to the east (now C-4) and west (now C-3 along US 41), and those parcels are not within an infill Subdistrict.] e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. [The abutting commercial zoning is in the unincorporated portion of Collier County.] f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size,for r,. which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels,the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case-by-case basis. [Land lying between US 41 and Price Street is generally wider to the west as the two roadways diverge,and narrower to the east where the two roadways converge. As a result, lot configurations and depths vary considerably. Some properties located in this area have lot lines perpendicular to the angled US 41;some properties have lot lines running east-west, meeting US 41 at more-acute angles; some properties have lot lines perpendicular to the angled segment of Price Street, and; yet other properties have lot lines perpendicular to the east-west segment of Price Street. These boundaries run internal to the ±6.5-acre subject property in its entirety. With regard to the ±2.6-acre subject OIC property(now A&C-3),depth is measured along the boundary shared by the ±2.6-acre and the ±4.3-acre(now C-4) portions—and is determined to not exceed that on that abutting property.] g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides,the project uses may include those of the highest intensity abutting commercial zoning district. [The ±2.6-acre subject OIC property -2- afldO t.t7 leas;S ao!sd : z£zz) ando leeizs a3!id-zti£000OSI.OZ'id-Zafld-owaw Aoua;s!suop :;uawyoe}}y ui' ►` N ti p)', 0- (now A & C-3) abuts commercial zoning on 2 sides (C-3 & C-4), and (this CRUD) may include C-4 a) commercial zoning district intensity.] h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. [Per County Property Appraiser records,the ±2.6-acre subject OIC property (now A &C-3) is a combination of the US 41-fronting triangular piece of this property and the Price Street-fronting rectangular piece of this property occurring prior to 1992.] i. For those sites that have existing commercial zoning abutting one side only. (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded,except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; and, (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non-commercial zoning on the other side. ti [The ±2.6-acre subject OIC property (now A &C-3)abuts commercial zoning on 2 sides (C-3 &C-4), and this provision does not apply.] j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. [With regard to the ±2.6- acre subject OIC property(now A &C-3),this request is the first application of commercial zoning used pursuant to this Subdistrict.] k. Lands zoned for support medical uses pursuant to the"1/4 mile support medical uses"provision in the Urban ! designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. [This criterion is not applicable; the abutting commercial zoning was not obtained via the "1/4 mile support medical uses" provision in the FLUE.] 1. Land adjacent to areas zoned C-1/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. [With regard to the ±2.6-acre subject OIC property (now A &C-3), it is not adjacent to areas zoned C-1/T,or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE.] m. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. [This criterion is not applicable;the surrounding properties are not zoned for these uses or designated as these Subdistricts and this subsection does not apply.] n. At time of development, the project will be served by central public water and sewer. [At time of development, the project will be served by central public water and sewer.] o. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. [Comprehensive Planning leaves compatibility determinations to the Zoning Services staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses/intensities on the subject site,the compatibility analysis is to be comprehensive and include a review of both the subject property and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, �. setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location,traffic generation/attraction,etc.] -3- afld0 117 solid : Z£ZZ) ald3 laa.n}S ao!jd-Zb£000051-ofld-Zafld-owaw l(ouals!suoD :;uewyoe rd co W• ' N rcu • p. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban Mixed Use District is 250 acres. [Per Comprehensive Planning records, fewer than 150 acres have been rezoned via this Subdistrict.] Provisions of FLUE Policy 5.1 are listed below,followed by staff analysis. FLUE Policy 5.1 states, in relevant part: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13,the following provisions apply: a. For such commercially-zoned properties,zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. *** *** text break *** *** *** e. Overall intensity of development shall be determined based upon a comparison of public facility impacts is as allowed by the existing zoning district and the proposed zoning district. is FLUE Policy 5.1 contains a two-part test. Below is staffs analysis and determination of each part [in italics]. Part I: Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? This evaluation requires a comparison of existing and proposed uses as they are listed in the commercial zoning • districts—lowest zoning classification—in the Collier County Land Development Code(LDC). The existing ±4.3-acre (now C-4)portion of the property allows uses permitted by right in the C-4 zoning district. The proposed Price Street &41 Commercial PUD permits some, but not all, of the C-4 uses permissible by right—some C-4 permitted uses ore omitted toward ensuring compatibility. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II: Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district (based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district)? This evaluation requires a comparison of public facility impacts from existing and proposed uses. The application does not provide a comparative analysis of public facility impacts; however, staff believes there is no increase in impacts—as uses are the same or lower under the proposed development scenarios. Conclusion:The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis fin bold italicized text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County,the following policies shall be implemented for new development and redevelopment projects, • where applicable. —4— afld3 i i '8;aa4s aopd : Z£zz) ofldO;aa.i;s a3!ad-Zp£000Osl.OZld-Zofld-owaIN Roua;s!suo3 :;uawgoe sr co LU N' ti a Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and a arterial roads, except where no such connection can be made without violating intersection spacing requirements I s of the Land Development Code. (The subject site fronts US 41 East and Price Street. Exhibit C, CPUD Master Plan, depicts a single,direct access to US 41 East(Tamiami Trail), classified as a major arterial road in the Transportation Element, and;a single access point onto Price Street(a local road).] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Exhibit C, CPUD Master Plan,does not depict any internal accesses or roads. Parts of the development without an access point to US 41 or Price Street as shown on PUD Master Plan will internally connect all uses eventually developed in the PUD.] Fi Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. (The site abuts roads on three sides' - US 41 on the north, and Price Street on the east and south sides. A major surface water canal abuts the site along the entire west side, where no interconnection is feasible. The site abuts a single-use commercial property on two non-street fronting sides, located at the southwest corner of the US 41 and Price Street intersection. This adjoining property is not located in the Activity Center and is not part of this PUD rezone request. Interconnection appears to be feasible with this property and is proposed.) I'. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces,civic facilities and a range of housing prices and types. (For the most part,this policy has • only partial applicability to this non-residential project; as a variety of general commercial use types are allowed. With regard to providing walkability,this policy promotes projects that make it safe and convenient to walk and encourages pedestrian activity. Exhibit C, CPUD Master Plan illustrates an arrangement of individual commercial buildings generally surrounded by auto-oriented parking and circulation areas where vehicles mix with pedestrians. The project will be subject to LDC requirements for provision of sidewalks. Open space will be provided as required per the LDC. Given the size and land uses proposed, the remainder of these development attributes would not apply.] There are no other remarks regarding review of the PUD document or Comprehensive Planning considerations to note. Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. PETITION ON CITVVIEW cc: Ray Bellows,Zoning Manager,Zoning Services Section David Weeks,AICP, Growth Management Manager, Comprehensive Planning Section Michael Bosi,AICP, Director,Zoning Division G:Comp\Consistency Reviews\2016 G:\CDES Planning Services\Consistency Reviews\2016\PUDZ\PUDZ-PL2015-342 Price&41 R2 FNLdocx _5- ((auoza2i) afld3 14v;eei s aolsd : ZEZZ) anda;aaj;S ao!ad-ZpCOOOOSI.OZ1d-Zand-slleut3 :;uauwyoe;;b' a)in c ti W N T 0 x a 1 .F1 s d �` August 12, 2016 vi mi ia tt r To Whom It May Concern: i I own the property at 135 Price Street, immediately west of the proposed Price Street& US 41 CPUD. I I attended the neighborhood information meeting in November 2015, and have met with the Applicants I regarding their proposal. 1. IF I understand the land development code was recently changed to require a wall and plantings along our shared property line due to the Wawa gas station proposed. I have reviewed their proposal to provide no wall and additional planting within a 15-foot wide buffer, 1 I have no objections to the alternative buffer they are proposing,and support this project.In fact,I prefer the proposed plantings instead of the masonry wall. Thank you for your consideration. Sincerely, , 4/ g?1/2// 1l G. ere Hunt i i 11 ,I. it I' I { : b. k i. .... .... Attachment 4 ((auozaa) and3 ;aa.;S ao!Jd : Z£ZZ) afld3;aag;s 83!Jd-Ztr£0000S1.0Z1d-ZOfld-s!!ew3 � T LLJ N • Is: • d From: wckriz@comcast.net Y Sent: Monday, September 26, 2016 3:42 PM a To: SmithDaniel; FialaDonna I Cc: Don Madalinsky;Jerry Hartley; George Brinkmoeller;wckriz@comcast.net Subject: 41CUPD Daniel J. Smith - This is in regard to the proposed change in zoning of property located at the corner of US 41 and Price Street. We reside at Eagle Creek and are concerned about the impact of the proposed development on our community. We will be out of town on October 6, the date of the public hearing on the proposed change in zoning, and want our comments to be included in the public record. We note that the development is to include a facility with fuel pumps. Our concern is that fuel storage and pumps would be very close to the drainage canal that flows into Eagle Creek, through the Eagle Creek Community and into Rookery Bay National Estuarine Research Reserve. Any fuel leak or spill on the property could easily flow into the canal and flow downstream to cause environmental damage. Moreover, with recent openings of a service station at the corner of US 41 and Barefoot Williams Road, another at the corner of SR 951 and Manatee Road and yet another at the Walmart on SR 951, there are more than enough service stations to serve the area. We will appreciate your consideration our objections. Willis P. Kriz Carolyn O. Kriz 770 Waterford Dr. Unit 303 Naples, FL. 34113 (239)-732-1982 fi file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Servi ces/Current/Daniel... 9/27/2016 1 ........ . .... 17.E,6 i o fMFRnMYS liZ r ttlie -ii ii•ii a,3.„•,%04:- 4`1. 4Y e , 3,7 ai � :yC+' NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,December 13th,2016,in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 East Tamiami Trail,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 follows: The purpose of the hearing is to consider: m C AN ORDINANCE OF THE BOARD OF COUNTY C COMMISSIONERS OF COLLIER COUNTY, FLORIDA N AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS 0 FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, d FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS 0- MAP OR MAPS BY CHANGINGTHEZONING CLASSIFICATION N OF THE HEREIN DESCRIBED REAL PROPERTY FROM A co 0 COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND o5A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A Q COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET iD w OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT .. N INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL oi USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE m U STREET AND 41 CPUD, LOCATED AT THE SOUTHWEST or. CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, io a_ TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTIONS 3 AND 4, TOWNSHIP SI SOUTH, RANGE 26 EAST,COLLIER m N � '� COUNTY, FLORIDA: AND BY PROVIDING AN EFFECTIVE N DATE.[PL20150000342] w A copy of the proposed Ordinance is on file with the Clerk to the o N Board and is available for inspection. All interested parties are Q, N invited to attend and be heard. Z N NOTE: All persons wishing to speak on any agenda item must -aa 2 register with the County manager prior to presentation of ufD+ es the agenda item to be addressed. Individual speakers will be C cs limited to 3 minutes on any item. The selection of any individual oi rn to speak on behalf of an organization or group is encouraged. • If recognized by the Chairman, a spokesperson for a group or aZ organization may be allotted:10 minutes to speak on an item. a Persons wishing to have written or graphic materials included in ,n 0 the Board agenda packets must submit said material a minimum TCZ o' of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall d be submitted to the appropriate County staff a minimum of —I seven days prior to the public hearing. All materials used in C presentations before the Board will become a permanent part c of the record. a) Any person who decides to appeal any decision of the Board t will need a record of the proceedings pertaining thereto andcti therefore, may need to ensure that a verbatim record of the r'dproceedingsis made, de,the which record includes the testimony and e ence upon w t ap eal If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division. located at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) No.1364086 November 23,2016 Packet Pg. 2791 Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package COVER LETTER/ NARRATIVE OF REZONE REQUEST Price Street CPUD – PL2015‐0342 Cover Letter Page 1 of 4 July 1, 2015 REVISED September 23, 2016 Mr. Daniel Smith Zoning & Land Development Review Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: Price Street & 41 CPUD Rezone Application PUDZ‐PL2015‐0342 Dear Mr. Smith: Enclosed for your review is an Application for PUD rezone for the Price Street CPUD (“Property”), a 6.5+/‐ acre project located at the southwest corner of U.S. 41 and Price Street in unincorporated Collier County, Florida. The Property is designated within the Urban Coastal Fringe Subdistrict per the Collier County Future Land Use Map, and is zoned General Commercial (C‐4), Commercial Intermediate (C‐3), and Rural Agricultural (A). The Applicant is requesting approval to rezone the Property to a Commercial Planned Unit Development (CPUD) to allow for an automobile service station, including 16 fuel pumps, and commercial retail uses. The maximum requested commercial intensity is 69,500 square feet. BACKGROUND/EXISTING CONDITIONS: The proposed CPUD is comprised of three (3) parcels. The eastern‐most parcel comprises 4+/‐acres and is currently vacant. Pursuant to SDP‐PL20150000343, the Applicant is proposing to construct an automobile service station with a maximum of 16 fuel pumps, which is consistent with the underlying C‐4 zoning for this parcel. The western‐most parcels comprise 2.5+/‐acres and are partially developed with a single‐family residence and accessory structures. The Property is located in an urbanized area of the County with approximately 500 feet of frontage on U.S. 41/Tamiami Trail East, a six‐lane arterial roadway. In terms of immediately adjacent uses, the Property abuts Price Street and a Fifth Third Bank to the east, Tamiami Trail to the north, Price Street to the south, and a 70‐foot wide drainage canal to the west. The Property is also adjacent to the commercial retail node known as Activity Center #18, which provides goods, services, and employment to the 18,000+ existing and approved dwelling units in East Naples. The CPUD will expand the County’s commercial land uses in an area readily serviced by public infrastructure, in order to serve the existing and future populations in this portion of the County. Price Street CPUD – PL2015‐0342 Cover Letter Page 2 of 4 REQUEST: Price and 41, LLC (“Applicant”) is requesting approval of a Commercial Planned Unit Development (CPUD) rezoning to allow for the development of a maximum of 69,500 square feet of commercial uses, including one (1) automobile service station with sixteen (16) fuel pumps. The application proposes a logical transition of the lower intensity/density land use pattern to the west of the adjacent drainage canal to the gradually more intensive commercial and “big box” retailers at the U.S. 41 and Collier Blvd. intersection, which were developed as part of Activity Center #18. Compatibility is addressed via the required perimeter buffers; the clustering of commercial in the interior of the site with water management and open space areas oriented along the project perimeters; and the proposed development standards and limited schedule of uses. The Applicant is requesting deviations from the Land Development Code (LDC) requirements to allow for the requisite design flexibility for an infill site of this nature, and to support the Wawa brand’s canopy requirements. The detailed listing of deviations and associated justifications are included in the PUD Document as Exhibit “E”. Please note as part of the deviation requests, the Applicant is requesting an alternative buffer where the property line of the parcel containing the auto service station use is closer than 250 feet to the residential property line to the west. The property owner impacted by this deviation request has provided a letter of support for the alternative buffer proposed. The letter is enclosed in the Deviation Justifications section. The Property is currently designated in the Urban Coastal Fringe Subdistrict, and is located within the density band of Activity Center #18. The enclosed Evaluation Criteria Narrative addresses consistency with the GMP regarding: 1) the request to rezone the 4.3+/‐acre eastern‐most parcel from C‐4 to CPUD under the provisions of FLUE Policy 5.1.a, AND 2) rezoning the remaining 2.2+/‐acres from C‐3 and Rural Agriculture (A) to CPUD under the Office and Commercial In‐fill Commercial Subdistrict provisions. ENVIRONMENTAL: Per the Environmental Impact Statement (EIS) prepared by Synecological Analysts, Inc. no state or federal listed species were observed on‐site or within the Project’s vicinity, and the site contains 1.83 acres of native vegetation. In accordance with LDC Section 3.05.07 and Policy 6.1.1(1) of the Conservation and Coastal Management Element, 0.27 acres of native vegetation are required for this commercial project. Pursuant to Commitment 4.A in the enclosed PUD document, the Applicant is proposing off‐site mitigation to address the native vegetation preserve requirements. The Property is an ideal location to utilize the off‐ site mitigation provisions set forth in LDC Section 3.05.07.H.1.f. for several reasons. The site is an infill commercial development within the Urban‐designated portion of the county, and adjacent to US 41. Maximizing the project’s intensity through off‐site mitigation will result in a compact and contiguous growth pattern in an ideal location for new development based upon the available infrastructure. Additionally, the native vegetation on‐site is generally of lower quality with a relatively high percentage of exotic infestation, and does not border any off‐site preserves on adjacent properties that would result in a contiguous network of habitat. For these reasons, the Applicant respectfully requests Staff’s consideration of off‐site mitigation for this project. Price Street CPUD – PL2015‐0342 Cover Letter Page 3 of 4 INFRASTRUCTURE: The subject property will be accessed via U.S. 41, a six lane divided arterial roadway, and Price Street, a two lane local roadway. Access to the site and internal circulation are depicted on Exhibit “C” PUD Master Plan in the PUD document. As outlined in the Traffic Impact Statement (TIS) prepared by Trebilcock Consulting Solutions, Inc., U.S. 41 is shown to have adequate capacity under the projected traffic conditions to serve the project. Transportation Commitment 2.A in Exhibit “F” of the PUD document sets forth a maximum of 468 two‐way, peak hour trips for the project. The developer will provide for cross access to the Fifth Third Bank parcel, subject to approval by the owner. The Applicant has also provided Commitment 3.C in the PUD document to address the project’s fair share payment of Price Street/Triangle Blvd. improvements. Potable water and sanitary sewer for this project will be provided by Collier County Utilities (CCU). Water service is available from a 16” water main running along the center median in U.S. 41, or a 10” water main running along the center median in Price Street. Wastewater service is available from a 20” force main running along the center median in U.S. 41. A statement of availability from CCU is enclosed as part of this application. Drainage and stormwater management systems will be self‐contained on site, and all required regulatory agency permits will be obtained prior to commencement of construction activities. CONCLUSION: In summary, the Price Street CPUD is a compact, infill commercial development project located in an urban area of the County, and in close proximity to existing and available public infrastructure. The proposed uses, extensive buffering and design standards will be compatible with surrounding land use pattern. Additionally, the expansive spatial separation provided by the adjacent canal and rights‐of‐way will further ensure compatibility with the residential neighborhood along Price Street. The proposed deviations will allow for enhanced design flexibility to develop an infill development, while protecting public health, safety and welfare. As outlined in the attached application, the CPUD will be consistent with the LDC and Growth Management Plan (GMP) upon expansion of Activity Center #18 via the companion GMP Amendment. Per the Pre‐Application Meeting Notes, the following items are enclosed for your review: 1. A check in the amount of $15,990.00 for the CPUD Rezone Application Fees; 2. Fifteen (15) copies of the submittal cover letter detailing the purpose of the rezoning request; 3. Fifteen (15) copies of the completed PUD Rezone Application including Evaluation Criteria; 4. Fifteen (15) copies of the Pre‐application meeting notes; 5. One (1) original and one (1) copy of the Owner Affidavits; 6. One (1) original and one (1) of the Covenants of Unified Control; 7. Two (2) copies of the approved Addressing Checklist dated 03/2/15; 8. Three (3) copies of the Warranty Deeds; 9. Four (4) copies of the Boundary Survey prepared by McAnley Surveying (signed and sealed); 10. Four (4) copies of the Architectural Rendering of proposed structures; 11. Four (4) copies of the Utility Provisions Statement (no sketches requires); Price Street CPUD – PL2015‐0342 Cover Letter Page 4 of 4 12. Fifteen (15) copies of the Environmental Impact Statement with FLUCCS Map prepared by Synecological Analysts, Inc.; 13. Seven (7) copies of the Traffic Impact Statement (TIS) prepared by Trebilcock Consulting Solutions; 14. Fifteen (15) copies of PUD Document; 15. Fifteen (15) copies of the Justification for Requested Deviations; 16. Fifteen (15) copies of the PUD Conceptual Site Plan (24”x36”); 17. Two (2) copies of the entire submittal documents on CD‐ROM. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405‐7777, Ext. 207, or alexis.crespo@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Alexis V. Crespo, AICP, LEED AP Principal Planner Enclosures cc: Dan Hughes, Price and 41, LLC R. Bruce Anderson, Cheffy Passidomo, P.A. Jeff Nunner, P.E., Nunner, LLC Norman Trebilcock, P.E., AICP, Trebilcock Consulting Solutions, Inc. Brown Collins, Synecological Analysts, Inc. Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package APPLICATION 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 ✔ Price and 41, LLC 2590 Northbrooke Plaza Dr.Naples FL 34119 (609) 790-1900 dhughes@hughesdevelopmentgroup.com Alexis Crespo, AICP & R. Bruce Anderson Waldrop Engineering, P.A. & Cheffy Passidomo, P.A. 28100 Bonita Grande Drive Bonita Springs FL 34135 (239) 405-7777 (239) 850-8525 (239) 405-7899 alexisc@waldropengineering.com &rbanderson@napleslaw.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 Ramiro Llerena 50% Martha Llerena 50% TCG Development, LLC 25% Metro Price and 41, LLC 75% [See also List Identifying Owner and all parties of corporation] 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 8/28/14; 2/8/99 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: • 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; • 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 • 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 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 PUD Right-of-Way (US 41); Commercial (Chase Bank & Outback) A Right-of-Way (Price Street); Single-Family Residential C-4 Commercial (Fifth Third Bank & Shopping Center) A; C-3 Drainage Canal; Single-Family Residential;Office 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. Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package EVALUATION CRITERIA Price Street & 41 CPUD Evaluation Criteria Page 1 of 8 EVALUATION CRITERIA PRICE STREET & 41 CPUD REVISED JUNE 2016 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The 6.5+/‐acre site (“Property”) is located southwest of the US 41 and Price Street intersection with frontage and access to both public roadways. In terms of the surrounding development pattern, a Fifth Third Bank and commercial shopping center are developed to the east of the property; US 41, a six‐lane arterial roadway, and commercial retail uses are developed to the north; a 70‐foot wide drainage canal abuts the property to the west; and Price Street, a two‐lane local roadway abuts the Property to the south. The Property is bound on all sides by existing development and public rights‐ of‐way. Therefore, the CPUD will serve as an infill commercial development in an urbanized area of Collier County. The proposed CPUD will provide a logical transition of land use from the professional office and residential uses to the west of the canal to the gradually more intensive commercial and “big box” retailers at the U.S. 41 and Collier Blvd. intersection, which are developed as part of Activity Center #18. The CPUD will be compatible with the surrounding land use pattern through the internal arrangement of tracts, the placement of required landscape buffers, lakes and building locations, as shown on the enclosed PUD Master Plan. The proposed development area is clustered within the central portion of the site to avoid impacts to single‐family use to the west and screen views across Price Street to the south. Additionally, the most intensive proposed use, the automobile service station, is ideally located along the US 41 frontage, and on the eastern side of the property closest to the existing bank, thereby maximizing separation between the fueling area and existing residential uses. The CPUD will also be spatially separated from the residential uses along Price Street via the existing drainage canal to the west. Collier County Utilities are available along US 41 and Price Street to provide potable water and sanitary sewer services to the proposed development. Per the Traffic Impact Statement prepared by Trebilcock Consulting Services there is adequate capacity along surrounding roadways to service the development, and the proposed intensity will not result in concurrency issues. Therefore, based upon the nature of surrounding uses, the established commercial development pattern along US 41 and the project’s access to these roadways, as well as the existing levels of public infrastrcture to service the proposed PUD, the Property is suitable for the development of commercial uses as proposed through this application. 2. 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. Price Street & 41 CPUD Evaluation Criteria Page 2 of 8 The subject property is under unified control by Price and 41, LLC and Ramiro and Martha Llerena as demonstrated by the Statement of Unified Control included in the PUDZ‐A application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) The following is an analysis of the proposed CPUD’s consistency with the Goals, Objectives and Policies of the Collier County Growth Management Plan (GMP). This analysis specifically addresses GMP consistency of the request to: 1) rezone the 4.3+/‐acre eastern‐most parcel from C‐4 to CPUD under the provisions of FLUE Policy 5.1.a, AND 2) rezoning the remaining 2.6+/‐acres from C‐3 and Rural Agriculture (A) to CPUD under the Office and Commercial In‐fill Commercial Subdistrict provisions. For ease of review, the following analysis addresses these GMPA provisions for the C‐4 and C‐3/Rural Agricultural parcels separately. A. Zoning District Intensity Analysis FLUE Policy 5.1: (XII)(XV) Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially‐zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial‐zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element. The above policy allows for the rezoning of commercially‐zoned properties that are not within commercial Future Land Use designations, so long as the new zoning district demonstrates the same or lower intensity of commercial usage when evaluated by use and impact on public infrastructure. As identified on FLUE Map – 12, the C‐4 parcel retained its zoning by Policy pursuant to a compatibility exemption/exception and is consistent as provided in FLUE Policy 5.10. FLUE Map – 12 is attached as “Evaluation Criteria Attachment C”. The underlying General Commercial (C‐4) zoning district applicable to the eastern 4.3 acres of the CPUD permits a broad range of commercial uses as set forth in LDC Section 2.03.03 (See “Evaluation Criteria Attachment A” attached). The CPUD proposes a similar mix of commercial uses, including but not limited to a gasoline service station, food store, and Price Street & 41 CPUD Evaluation Criteria Page 3 of 8 other retail uses as set forth in the PUD Document. The proposed uses within the CPUD are the same or lower intensity as permitted in the C‐4 district. Certain intensive commercial uses have been omitted from the CPUD list of uses to further ensure compatibility with surrounding land uses, including car washes, equipment rental and leasing, and hotels. A comparison of the C‐4 uses and the proposed CPUD uses demonstrate that the proposed rezoning is consistent with Policy 5.1.a, and the rezoning does not result in increased commercial intensity on the site. Similarly, when comparing the public infrastructure impacts the same determination can be concluded. The commercial uses and intensity permitted under the existing C‐4 zoning district are not increased via this application. Therefore, the petition will not generate an increased impact to public infrastructure, such as roads, utilities and solid waste providers. This application demonstrates that the required infrastructure is available to support the proposed intensity, and will allow for the expansion of commercial uses in an area of the County with continued growth of residential, master‐planned communities, and which is underserved by non‐residential uses. The proposed CPUD will allow for infill commercial development along an urbanized 6‐lane arterial corridor, which is a desirable location to direct non‐residential uses from a land use planning standpoint. For these reasons, along with the intensity analysis provided above, the proposed CPUD is consistent with Policy 5.1.a. 2 .Office and In‐fill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or infill commercial development on small parcels within the Urban Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, “abuts” and “abutting” excludes intervening public street, easement (other than utilities) or right‐of‐way, except for an intervening local street; and “commercial” refers to C‐1 through C‐5 zoning districts and commercial components of PUDs. The above policy supports the rezoning of the C‐3 and Rural Agricultural (A) zoned portions of the project to a unified CPUD. The following is a summary of how the rezoning petition addresses all of the Office and Commercial In‐fill Subdistrict provisions within the Future Land Use Element. a. The subject site is in the Urban‐Mixed Use District. Yes, the site is designated within the Urban Mixed‐Use District, Urban Coastal Fringe Subdistrict per the Future Land Use Map. b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. Price Street & 41 CPUD Evaluation Criteria Page 4 of 8 Yes, the assemblage has approximately 200 feet of frontage on US 41/Tamiami Trail East, a state‐maintained arterial roadway. c. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, “open space” shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. Yes, a rezone to a Commercial Planned Unit Development for the entirety of the subject property is requested. The two (2) parcels subject to the Commercial In‐fill provisions total 2.6+/‐acres, which is well below the maximum threshold of 12 acres. Moreover, the entire CPUD is 6.5‐acres, which is also well below this threshold. d. The site abuts commercial zoning: (i) On one side and that abutting commercial site is not within an infill Subdistrict in the Urban Mixed Use District or the Urban Commercial District; or, (ii) On both sides. Yes, the subject property abuts commercial zoning on both sides. Specifically, the property abuts undeveloped General Commercial (C‐4) zoned lands to the east. To the west and northwest the property abuts Intermediate Commercial (C‐3) zoned lands, developed with office uses. e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. Yes, the abutting commercial zoning districts are entirely within unincorporated Collier County. f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case‐by‐case basis. For the purposes of evaluating this criteria, the Applicant is utilizing the shared property line with the C‐4 parcel to the east to determine the subject property depth in relation to the commercially zoned area. This is a logical application of the above provisions, as there is no definition of “parcel depth” in the Land Development Code, and the assemblage of the C‐3 and Agricultural subject Price Street & 41 CPUD Evaluation Criteria Page 5 of 8 parcels represents an irregular configuration due to the expansion of the Tamiami Trail right‐of‐way over the years. The depth of the subject parcel and the abutting commercially zoned parcel is approximately 730+/‐feet via the shared property line (See “Evaluation Criteria Attachment B”). Therefore, the depth of the subject property does not exceed that of the abutting commercial zoned area. g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. As noted above, the subject property abuts commercially‐zoned lands to both the east and west. The proposed CPUD uses demonstrates commercial intensities that are the same or lower than the highest intensity abutting commercial zoning district, which is General Commercial (C‐4). h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. The subject property was not created to take advantage of the OIC provisions. Review of the Collier County Property Appraiser’s website and the land records of the Clerk of Courts demonstrates that the two (2) parcels comprising the subject property were owned in their current configuration by the same people (“Alzamora”) prior to October 28, 1997. The two (2) parcels have since been conveyed and remain under common ownership by the current owners. Copies of the deeds for the two (2) parcels which substantiate the common ownership history are attached as Composite “Evaluation Criteria Attachment D”. i. For those sites that have existing commercial zoning abutting one side only: (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; and, (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non‐commercial zoning on the other side. Not applicable. The site has existing commercial zoning on both sides. j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. This is the first request to apply these provisions to the subject property. This request does represent a permitted aggregation of the subject property with the C‐3 triangle parcel which retained its zoning via the former Commercial Under Criteria provision of the FLUE as shown on FLUE Map‐12, attached as “Evaluation Criteria Attachment C”. Price Street & 41 CPUD Evaluation Criteria Page 6 of 8 k. Lands zoned for support medical uses pursuant to the “1/4 mile support medical uses” provision in the Urban designation shall not be deemed “commercial zoning” for purposes of this Subdistrict. Not applicable. The CPUD is not requesting support medical uses. l. Land adjacent to areas zoned C‐1/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. This request does represent a permitted aggregation of the subject property with the C‐3 triangle parcel which retained its zoning via the former Commercial Under Criteria provision of the FLUE as shown on FLUE Map‐12, attached as “Evaluation Criteria Attachment C”. m. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. Not applicable. The subject property does not abut industrially zoned lands, Business Park uses, or Research and Technology Park uses. n. At time of development, the project will be served by central public water and sewer. The CPUD application includes a letter of availability from Collier County Utilities for both potable water and sanitary sewer services. o. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. As outlined in detail within this application, the CPUD has been sensitively designed to address compatibility with the surrounding land use pattern. The more intensive gasoline service station use has been located along the US 41 frontage, and along the shared property line with the Fifth Third Bank site, in order to mitigate any impact to the residential uses along Price Street. Right‐of‐way buffers are provided in accordance with Section 5.05.05 along both US 41 and Price Street to protect viewsheds and screen the proposed uses. Water management lakes have been located along the project boundaries where possible to provide spatial separation between commercial uses and the CPUD perimeter. p. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban Mixed Use District is 250 acres. Price Street & 41 CPUD Evaluation Criteria Page 7 of 8 Based upon discussions with Staff, the maximum threshold of lands eligible under these provisions has not been exceeded. In addition, the proposed CPUD is consistent with the following general policies guiding new development: FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code (Ordinance 04‐41, adopted June 22, 2004 and effective October 18, 2004, as amended). As described above, the subject property is compatible with the surrounding area through the internal clustering of the development footprint, proposed landscape buffers, and location of open space and water management areas. The commercial uses will be spatially separated from existing residences on Price Street via the public right‐of‐way and drainage canal. The proposed development area is also designed to protect public viewsheds and enhance “curb appeal” from US 41 and Price Street. The proposed parking spaces are screened by the proposed buildings and 25‐ foot enhanced automobile service station buffer with berm. The secondary access from Price Street has been located to align with Waterford Drive and to mitigate traffic impacts to the Price Street neighborhood. The project will also be complimentary to the surrounding commercial land use pattern via the pedestrian interconnections, as shown on the enclosed PUD Master Plan. FLUE Policy 5.5: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. The subject property is located in an appropriate area for commercial expansion due to its access and frontage along US 41/Tamiami Trail East (an arterial roadway), proximity to Activity Center #18, and the available urban services and facilities to service the proposed development. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Per the attached PUD Master Plan, the CPUD will have direct access to US 41 and Price Street. FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The multiple access points and circulation will facilitate both pedestrian and vehicular ingress and egress to the Property from US 41 and Price Street. Price Street & 41 CPUD Evaluation Criteria Page 8 of 8 FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. As noted above, the project will provide an interconnection to the Fifth Third Bank parcel to the east, subject to the approval of the landowner. Direct interconnection is not proposed to the west due to the expansive existing canal. A deviation has been requested in this location, and will be adequately mitigated by the existing sidewalk infrastructure along the US 41 frontage. 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 commercial buildings will be developed under a unified design theme with appropriate interconnectivity, thereby ensuring internal compatibility. These uses will be adequately screened from surrounding properties via the proposed buffers and locations of water management infrastructure along the southern and western property lines. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The CPUD will provide 30% on‐site open space in accordance with LDC through the landscape buffers, stormwater management lakes, and other pervious areas demonstrated on the enclosed PUD Master Plan. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This application demonstrates that there is adequate and available public infrastructure to service the proposed commercial intensities. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Price Street & 41 CPUD is located in an area of the County specifically intended for expansion, as evidenced by proximity to Activity Center #18, urban‐levels of infrastructure, and the surrounding land use pattern. 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 enclosed PUD document demonstrated conformity with the PUD regulations contained in the Land Development Code, unless a deviation has been requested and demonstrates protection of the LDC’s intent for high quality development. Therefore, the project will uphold the intent of the LDC and will not negatively public health, safety or welfare. Page 1 EXHIBIT A C‐4 ZONING DISTRCT PERMITTED USES General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising — miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor. 7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611—5699). 11. Architectural services (8712). 12. Auditing (8721). 13. Auto and home supply stores (5531). 14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow-in parking lots"). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). Page 2 17. Banks, credit Unions and trusts (6011—6099). 18. Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153—6159). 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section-5.05.09. 28. Carpet and upholstery cleaning (7217). 29. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 30. Child day care services (8351). 31. Churches. 32. Civic, social and fraternal associations (8641). 33. Coin-operated laundries and dry cleaning (7215). 34. Coin operated amusement devices, indoor (7993). 35. Commercial art and graphic design (7336). 36. Commercial photography (7335). 37. Commercial printing (2752, excluding newspapers). 38. Computer programming, data processing and other services (7371—7379). 39. Computer and computer software stores (5734). 40. Credit reporting services (7323). 41. Dance studios, schools and halls, indoor (7911). 42. Detective, guard and armored car service (7381, except armored car and dog rental). 43. Department stores (5311). 44. Direct mail advertising services (7331). 45. Disinfecting and pest control services (7342). Page 3 46. Drycleaning plants (7216, nonindustrial drycleaning only). 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 49. Educational plants. 50. Educational services (8221 and 8222). 51. Electrical and electronic repair shops (7622—7629). 52. Engineering services (8711). 53. Equipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 54. Essential services, subject to section 2.01.03 55. Facilities support management services (8744). 56. Federal and federally-sponsored credit agencies (6111). 57. Food stores (groups 5411—5499). 58. Funeral services (7261, except crematories). 59. Garment pressing, and agents for laundries and drycleaners (7212). 60. Gasoline service stations (5541), with services and repairs as described in section 5.05.05 61. General merchandise stores (5331—5399). 62. Glass stores (5231). 63. Golf courses, public (7992). 64. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04 65. Hardware stores (5251). 66. Health services, miscellaneous (8092—8099). 67. Health services, offices and clinics (8011—8049). 68. Home furniture and furnishings stores (5712—5719). 69. Home health care services (8082). 70. Hospitals (8062—8069). 71. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 72. Household appliance stores (5722). 73. Insurance carriers, agents and brokers (6311—6399, 6411). 74. Labor unions (8631). 75. Landscape architects, consulting and planning (0781). 76. Laundries and drycleaning, coin operated — self service (7215). 77. Laundries, family and commercial (7211). Page 4 78. Laundry and garment services, miscellaneous (7219). 79. Legal services (8111). 80. Libraries (8231). 81. Loan brokers (6163). 82. Management services (8741, 8742). 83. Marinas (4493 & 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02 84. Medical and dental laboratories (8071 and 8072). 85. Medical equipment rental and leasing (7352). 86. Membership organizations, miscellaneous (8699). 87. Membership sports and recreation clubs, indoor (7997). 88. Mortgage bankers and loan correspondents (6162). 89. Motion picture theaters (7832). 90. Motorcycle dealers (5571). 91. Museums and art galleries (8412). 92. Musical instrument stores (5736). 93. News syndicates (7383). 94. Nursing and professional care facilities (8051—8059). 95. Outdoor advertising services (7312). 96. Paint stores (5231). 97. Passenger car leasing (7515). 98. Passenger car rental (7514). 99. Personal credit institutions (6141). 100. Personal services, miscellaneous (7299). 101. Personnel supply services (7361 & 7363). 102. Photocopying and duplicating services (7334). 103. Photofinishing laboratories (7384). 104. Photographic studios, portrait (7221). 105. Physical fitness facilities (7991). 106. Political organizations (8651). 107. Professional membership organizations (8621). 108. Professional sports clubs and promoters, indoor (7941). 109. Public administration (groups 9111—9199, 9229, 9311, 9411—9451, 9511—9532, 9611—9661). 110. Public or private parks and playgrounds. 111. Public relations services (8743). 112. Radio, television and consumer electronics stores (5731). Page 5 113. Radio, television and publishers advertising representatives (7313). 114. Radio and television broadcasting stations (4832 & 4833). 115. Real Estate (6512, 6531—6552). 116. Record and prerecorded tape stores (5735). 117. Religious organizations (8661). 118. Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 119. Research, development and testing services (8731—8734). 120. Retail - miscellaneous (5921—5963, 5992—5999). 121. Retail nurseries, lawn and garden supply stores (5261). 122. Reupholstery and furniture repair (7641). 123. Secretarial and court reporting services (7338). 124. Security and commodity brokers, dealer, exchanges and services (6211—6289). 125. Security systems services (7382). 126. Shoe repair shops and shoeshine parlors (7251). 127. Social services, individual and family (8322—8399, except for homeless shelters and soup kitchens). 128. Surveying services (8713). 129. Tax return preparation services (7291). 130. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09 132. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929, including bands, orchestras and entertainers; except motion picture). 133. Travel agencies (4724, no other transportation services). 134. United State Postal Service (4311, except major distribution center). 135. Veterinary services (0741 & 0742, excluding outside kenneling). 136. Videotape rental (7841). 137. Vocational schools (8243—8299). 138. Wallpaper stores (5231). 139. Watch, clock and jewelry repair (7631). 140. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 141. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. Page 6 142. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 district. 2. Caretaker's residence, subject to section 5.03.05 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in section 10.08.00 1. Animal specialty services, except veterinary (0752, with outside kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms (7389, 5999). 4. Automotive dealers and gasoline service stations (5511, 5521). 5. Automotive rental and leasing, outdoor display permitted (7513, 7519). 6. Boat dealers (5551). 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01.). 8. Communication towers above specified height, subject to section 5.05.09 9. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers-retail). 10. Fire protection (9224). 11. Fishing, hunting and trapping (0912—0919). 12. Fuel dealers (5983—5989). 13. Homeless shelters. 14. Hotels and motels (7011, 7021, 7041 when located outside an activity center). 15. Kiosks. 16. Legal counsel and prosecution (9222). 17. Local and suburban transit (groups 4111—4121, bus stop and van pool stop only). 18. Motion picture theaters, drive-in (7833). 19. Permitted use with less than 700 square feet of gross floor area in the principal structure. 20. Police Protection (9221). 21. Public order and safety (9229). 22. Recreational vehicle dealers (5561). 23. Soup kitchens. 24. Motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only). Page 7 25. Veterinary services (0741 & 0742, with outside kenneling). 26. Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Ancillary plants. 7. Amusement and recreation services, indoor (7999). 8. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). 13. Auctioneering/auction houses (groups 7389, 5999). 14. Auditing (8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 17. Automotive dealers, not elsewhere classified (5599). 18. Automotive repair services (7532 — 7539). 19. Automotive services (7549). 20. Banks, credit Unions and trusts (6011-6099). Page 8 21. Barber shops (7241, except for barber schools). 22. Beauty shops (7231, except for beauty schools). 23. Boat dealers (5551). 24. Bookkeeping services (8721). 25. Bowling centers, indoor (7933). 26. Building cleaning and maintenance services (7349). 27. Building construction—General contractors and operative builders (1521—1542). 28. Business associations (8611). 29. Business consulting services (8748). 30. Business credit institutions (6153-6159). 31. Business services (7389-contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). 32. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09 33. Carpentry and floor work contractors (1751—1752). 34. Carpet and Upholstery cleaning (7217). 35. Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 36. Churches. 37. Civic, social and fraternal associations (8641). 38. Coin-operated laundries and dry cleaning (7215). 39. Coin operated amusement devices, indoor (7993). 40. Commercial art and graphic design (7336). 41. Commercial photography (7335). 42. Commercial printing (2752, excluding newspapers). 43. Computer programming, data processing and other services (7371—7379). 44. Computer and computer software stores (5734). 45. Concrete work (1771). 46. Courts (9211). 47. Credit reporting services (7323). 48. Crematories (7261). 49. Dance studios, schools and halls, indoor (7911). 50. Department stores (5311). 51. Detective, guard and armored car service (7381, except armored car and dog rental). 52. Direct mail advertising services (7331). 53. Disinfecting and pest control services (7342). 54. Drycleaning plants (7216, nonindustrial drycleaning only). 55. Drug stores (5912). Page 9 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 57. Educational plants. 58. Educational services (8221 and 8222). 59. Electrical and electronic repair shops (7622—7629). 60. Electrical contractors (1731). 61. Engineering services (8711). 62. Equipment rental and leasing (7359). 63. Essential services, subject to section 2.01.03 64. Facilities support management services (8744). 65. Federal and federally-sponsored credit agencies (6111). 66. Fire protection (9224). 67. Fishing, commercial (0912—0919). 68. Food stores (groups 5411-5499). 69. Funeral services (7261). 70. Garment pressing, and agents for laundries and drycleaners (7212). 71. Gasoline service stations (5541), with services and repairs as described in section 5.05.05 72. General merchandise stores (5331—5399). 73. Glass and glazing work (1793). 74. Glass stores (5231). 75. Golf courses, public (7992). 76. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04 77. Hardware stores (5251). 78. Health services, offices and clinics (8011—8049). 79. Health and allied services, miscellaneous (8092—8099). 80. Heating and air-conditioning contractors (1711). 81. Heavy construction equipment rental and leasing (7353). 82. Home furniture and furnishings stores (5712—5719). 83. Home health care services (8082). 84. Hospitals (8062—8069). 85. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 86. Household appliance stores (5722). 87. Installation or erection of building equipment contractors (1796). 88. Insurance carriers, agents and brokers (6311—6399, 6411). Page 10 89. Labor unions (8631). 90. Landscape architects, consulting and planning (0781). 91. Laundries and drycleaning, coin operated — self service (7215). 92. Laundries, family and commercial (7211). 93. Laundry and garment services, miscellaneous (7219). 94. Legal counsel and prosecution (9222). 95. Legal services (8111). 96. Libraries (8231). 97. Loan brokers (6163). 98. Local and suburban transit (4111). 99. Local passenger transportation (4119). 100. Lumber and other building materials dealers (5211). 101. Management services (8741, 8742). 102. Marinas (4493 & 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02 103. Masonry, stonework, tile setting and plastering contractors (1741—1743). 104. Medical and dental laboratories (8071 and 8072). 105. Medical equipment rental and leasing (7352). 106. Membership organizations, miscellaneous (8699). 107. Membership sports and recreation clubs, indoor (7997). 108. Mobile home dealers (5271). 109. Mortgage bankers and loan correspondents (6162). 110. Motion picture theaters (7832). 111. Motor freight transportation and warehousing (4225, mini- and self-storage warehousing only). 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (5571). 114. Museums and art galleries (8412). 115. Musical instrument stores (5736). 116. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilities (8051—8059). 119. Outdoor advertising services (7312). 120. Outdoor storage yards, provided that the yard is located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, Page 11 display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores (5231). 122. Painting and paper hanging (1721). 123. Passenger car leasing (7515). 124. Passenger car rental (7514). 125. Passenger transportation arrangement (4729). 126. Periodicals: Publishing or publishing and printing (2721). 127. Personal credit institutions (6141). 128. Personal services, miscellaneous (7299). 129. Personnel supply services (7361 & 7363). 130. Photocopying and duplicating services (7334). 131. Photofinishing laboratories (7384). 132. Photographic studios, portrait (7221). 133. Physical fitness facilities (7991). 134. Plumbing contractors (1711). 135. Police protection (9221). 136. Political organizations (8651). 137. Professional membership organizations (8621). 138. Professional sports clubs and promoters, indoor (7941). 139. Public administration (groups 9111—9199, 9229, 9311, 9411—9451, 9511—9532, 9611—9661). 140. Public or private parks and playgrounds. 141. Public order and safety (9229). 142. Public relations services (8743). 143. Radio, television and consumer electronics stores (5731). 144. Radio, television and publishers advertising representatives (7313). 145. Radio and television broadcasting stations (4832 & 4833). 146. Real Estate (6512, 6531—6552). 147. Record and prerecorded tape stores (5735). 148. Recreational vehicle dealers (5561). 149. Religious organizations (8661). 150. Repair shops and services, not elsewhere classified (7699). 151. Research, development and testing services (8731—8734). 152. Retail - miscellaneous (5921—5963, 5992—5999). 153. Retail nurseries, lawn and garden supply stores (5261). 154. Reupholstery and furniture repair (7641). Page 12 155. Roofing, siding and sheet metal work contractors (1761). 156. Secretarial and court reporting services (7338). 157. Security and commodity brokers, dealer, exchanges and services (6211—6289). 158. Security systems services (7382). 159. Shoe repair shops and shoeshine parlors (7251). 160. Social services, individual and family (8322—8399, except homeless shelters and soup kitchens). 161. Special trade contractors, not elsewhere classified (1799). 162. Structural steel erection contractors (1791). 163. Surveying services (8713). 164. Tax return preparation services (7291). 165. Taxicabs (4121). 166. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09 167. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09 168. Theatrical producers and miscellaneous theatrical services, indoor (7922—7929, including bands, orchestras and entertainers; except motion picture). 169. Tour operators (4725). 170. Travel agencies (4724). 171. Truck rental and leasing, without drivers (7513). 172. United State Postal Service (4311, except major distribution center). 173. Reupholstery and furniture repair (7641). 174. Utility trailer and recreational vehicle rental (7519). 175. Veterinary services (0741 & 0742, excluding outside kenneling). 176. Videotape rental (7841). 177. Vocational schools (8243—8299). 178. Wallpaper stores (5231). 179. Watch, clock and jewelry repair (7631). 180. Water well drilling (1781). 181. Welding repair (7692). 182. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 183. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. Page 13 184. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-5 district. 2. Detached caretaker's residence, subject to section 5.03.05 3. Temporary display of merchandise during business hours, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display is prohibited within any front yard; allowed within the side and rear yards of lots. c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in section 10.08.00 1. Animal specialty services, except veterinary (0752, with outdoor kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01.) 4. Child day care services (8351), provided: i. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials. A material that has any of the following properties: ignitable, corrosive, reactive and/or toxic. ii) Toxic substances. A substance which is, or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. iii. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00 viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in P R I C E S T R E E T TAMIAMI TRAIL EAST (US 41)WATERFORD DRIVE PRICE STREETC-3AC-4CPUD BOUNDARY732 LF \\WEBON-FP01\WEServer$\423-01 100 Price Street - Phase 1\Drawings-Exhibits\423-01-E04 Pre App Exhibits\Current Plans\42301E0403.dwg WALDROPPREPARED FOR:PARCEL DEPTHEXHIBITCIVIL ENGINEERING & LANDDEVELOPMENT CONSULTANTSFLORIDA CERTIFICATE OF AUTHORIZATION #863628100 BONITA GRANDE DRIVE - SUITE 305BONITA SPRINGS, FL 34135P: 239-405-7777 F: 239-405-7899EMAIL: info@waldropengineering.com0SCALE IN FEET150300600PRICE AND 41, LLC Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package LIST IDENTIFYING OWNER & PARTIES OF CORPORATION LIST IDENTIFYING OWNER & PARTIES OF CORPORATION Name Percentage of Stock PRICE AND 41, LLC Metro Price and 41, LLC 75% TCG Development, Inc. 25% TCG DEVELOPMENT, INC. Daniel O’Berski 77.5% Matthew Fredrickson 22.5% METRO PRICE AND 41, LLC Daniel J. Hughes 34.18% Thomas Londres 19.94% Stephen Niggeman 19.94% Stephen Gartner 19.94% Glenn Marvin 6.0% Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package OWNER AFFIDAVIT & COVENANT OF UNIFIED CONTROL [PRICE AND 41, LLC] R. Bruce Anderson, Esq. & Alexis Crespo, AICP Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package OWNER AFFIDAVIT & COVENANT OF UNIFIED CONTROL [LLERENA] R. Bruce Anderson, Esq. & Alexis Crespo, AICP R. Bruce Anderson& Alexis Crespo, AICP Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package TRAFFIC IMPACT STUDY Traffic Impact Statement Wawa – Commercial Planned Unit Development (CPUD) Rezone Collier County, FL 12/01/2015 Prepared for: Prepared by: Waldrop Engineering, Inc. Trebilcock Consulting Solutions, PA 28100 Bonita Grande Dr., 1205 Piper Boulevard, Suite 202, Bonita Springs, FL 34135 Naples, FL 34110 Phone: 239-405-7777 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee – $ 500.00 Collier County Transportation Review Fee – Major Study – $1,500.00 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 2 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 3 Table of Contents Project Description .............................................................................................................. 4 Trip Generation ................................................................................................................... 6 Trip Distribution and Assignment ........................................................................................ 8 Background Traffic ............................................................................................................. 10 Existing and Future Roadway Network ............................................................................. 10 Project Impacts to Area Roadway Network Link Analysis ................................................. 11 Site Access Turn Lane Analysis .......................................................................................... 12 Improvement Analysis ....................................................................................................... 13 Mitigation of Impact .......................................................................................................... 13 APPENDICES Appendix A: Project Master Site Plan ............................................................................... 14 Appendix B: Initial Meeting Checklist (Methodology Meeting) ....................................... 16 Appendix C: Trip Generation Calculations ITE 9th Edition ................................................ 23 Appendix D: Turning Movements Exhibit ......................................................................... 33 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 4 Project Description The Wawa CPUD rezone project is generally located in the northwest corner of US 41 (Tamiami Trail – SR 90) and Price Street Intersection, and lies within Section 4, Township 51S, Range 26E, unincorporated Collier County, Florida. Refer to Fig. 1 – Project Location Map, which follows and Appendix A: Project Master Site Plan. Fig. 1 – Project Location Map The project site is currently vacant and has a total area of approximately 6.56 acres. Subject parcel is currently zoned General Commercial (C -4), Commercial Intermediate (C-3), and Rural Agricultural (A). Consistent with the underlying C-4 zoning for this parcel, the site is currently approved for the development of automobile gasoline/ service station with convenience market. Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 5 The applicant is requesting a rezone modification to Commercial Planned Unit Development (CPUD) to allow development for an automobile service station with convenience market and a maximum of 16 fuel pumps and a strip shopping center (commercial retail uses). The maximum requested commercial intensity is 69,500 square feet. For the purposes of this analysis, this Traffic Impact Statement (TIS) illustrates two scenarios: Scenario A - 16 fueling positions gasoline/service station with convenience market and 27,500sf strip shopping center, and Scenario B – 69,500sf shopping center. The project build-out year is assumed to be consistent with the Collier County 2020 planning horizon year. This analysis provides a highest and best use scenario with respect to the project’s proposed trip generation. The development program is illustrated in Table 1. Table 1 Development Program Development ITE Land Use ITE Land Use Code Total Size Planning Horizon Year Scenario A Gas Station Gasoline/Service Station with Convenience Market 945 16 fueling positions 2020 Strip Shopping Center Shopping Center 820 27,500sf 2020 Scenario B Shopping Center Shopping Center 820 69,500sf 2020 A methodology meeting was held with the Florida Department of Transportation (FDOT) and Collier County Transportation Planning staff on March 17, 2015 (refer to Appendix B: Initial Meeting Checklist). Connection to the subject site will be provided as follows: existing right-in/right-out access on eastbound Tamiami Trail East and one proposed new full movement access on southbound Price Street. Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 6 Trip Generation The project’s site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. The software program OTISS – Online Traffic Impact Study Software (Version 3.1.1.193) was used to create the raw unadjusted trip generation for the project. The ITE rates and equations are used for the trip generation calculations, as applicable. The ITE – OTISS trip generation calculation worksheets are provided in Appendix C: ITE Trip Generation Calculations ITE 9th Edition. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. Following county’s staff recommendations, no internal capture is considered for this project. The pass-by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. It should be noted that the driveway volumes are not reduced as a result of the pass -by reduction, only the traffic added to the surrounding streets and intersections. As such, pass-by trips are not deducted for operational-access analysis (all external traffic is accounted for). Consistent with Collier County TIS Guidelines and Procedures, gasoline/service stations with convenience market (LUC 945) are allowed maximum pass-by traffic of 50% of the project’s external trip generation potential. This analysis calculates daily pass-by trips at 40% of the gross traffic and AM and PM peak hour pass-by trips at 50% of the gross trips. The zoned approved development trip generation is illustrated in Table 2A. Table 2A Trip Generation (Zoned Approved Conditions) – Average Weekday Zoned Approved Development 24 Hour Two-Way Volume AM Peak Hour PM Peak Hour ITE Land Use Size Enter Exit Total Enter Exit Total Gasoline/Service Station with Convenience Market Total External Traffic 16 fueling stations 2,604 82 81 163 108 108 216 Total pass-by Traffic 1,042 41 41 82 54 54 108 Total non-pass-by Traffic 1,562 41 40 81 54 54 108 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 7 In addition, Collier County TIS Guidelines recommends that shopping center pass-by rates should not exceed 25% for the peak hour and the daily capt ure rates to be assumed 10% lower than the peak hour capture rate. Shopping center daily p ass-by trips are calculated at 15% of the gross traffic and AM and PM peak hour at 25% of the gross trips. The trip generation analysis for proposed development scenarios is shown in Table 2B and Table 2C. Table 2B Trip Generation (Scenario A – Proposed Conditions) – Average Weekday Proposed Conditions Scenario A 24 Hour Two-Way Volume AM Peak Hour PM Peak Hour Land Use Size Enter Exit Total Enter Exit Total Gasoline/Service Station with Convenience Market 16 fueling stations 2,604 82 81 163 108 108 216 Shopping Center 27,500sf 2,934 44 27 71 121 131 252 Total External Traffic 5,538 126 108 234 229 239 468 Total pass-by Traffic 1,482 52 48 100 84 87 171 Total non-pass-by Traffic 4,056 74 60 134 145 152 297 Table 2C Trip Generation (Scenario B - Proposed Conditions) – Average Weekday Pending Collier County Transportation Staff approval, the overall deve lopment is limited based on the total of trip generation external traffic not to exceed 468 two -way trips, as illustrated in Table 2B. For the purpose of this TIS, the transportation concurrency analysis is calculated based on projected net new PM peak hour – Total non-pass-by traffic, as illustrated in Proposed Conditions Scenario B 24 Hour Two-Way Volume AM Peak Hour PM Peak Hour Land Use Size Enter Exit Total Enter Exit Total Shopping Center Total External Traffic 69,500sf 5,336 77 47 124 224 243 467 Total pass-by Traffic 800 19 12 31 56 61 117 Total non-pass-by Traffic 4,536 58 35 93 168 182 350 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 8 Table 2D. Please note that due to different pass-by traffic rates for the two scenarios, Scenario B generates a more intense projected non-pas-by traffic, and it is therefore used in the roadway network concurrency analysis. Table 2D Trip Generation (Estimated Net New Traffic) – Average Weekday 24 Hour Two-Way PM Peak Hour Land Use Enter Exit Total Scenario B – Proposed Conditions* (Total to Adjacent Streets) 4,536 168 182 350 Existing Approved Conditions (Total to Adjacent Streets) 1,562 54 54 108 Net Increase (Net Decrease) 2,974 114 128 242 Note(s): *Scenario B – higher non-pass-by traffic generator when referenced against Scenario A. Trip Distribution and Assignment The estimated net new traffic generated by the proposed development is assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning Staff. The assignment of the net new proposed site- generated trip distribution is shown in Table 3, Project Traffic Distribution for PM Peak Hour, and is graphically depicted on Fig. 2 – Project Distribution by Percentage and by PM Peak Hour. Table 3 Project Traffic Distribution for PM Peak Hour Roadway Link CC AUIR Link ID # Roadway Link Location Distribution of Project Traffic PM Peak Hr Project Traffic Vol.* Enter Exit Tamiami Trail East (US 41) 93.0 Rattlesnake Hammock Rd to Triangle Blvd. 40% EB - 46 WB - 51 Tamiami Trail East (US 41) 94.0 Triangle Blvd. to Collier Blvd 40% WB - 46 EB - 51 Triangle Blvd** N/A North of US 41 5% SB - 5 NB - 6 Staples Plaza Drive** N/A East of Price St 10% WB - 11 EB - 13 Price Street** N/A South of US 41 5% EB - 6 WB - 7 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. **Not a Collier County monitored roadway. Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 9 Fig. 2 – Project Distribution by Percentage and by PM Peak Hour Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 10 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from annual traffic counts (estimated from 2008 through 2014), whichever is greater. Another way to derive the background traffic is to use the 2015 Annual Update and Inventory Report (AUIR) volume plus the trip bank volume. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build-out year 2020. Table 4 Background Traffic without Project (2015 - 2020) Roadway Link CC AUIR Link ID # Roadway Link Location 2015 AUIR Pk Hr, Pk Dir Background Traffic Volume (trips/hr) Projected Traffic Annual Growth Rate (%/yr)* Growth Factor 2020 Projected Pk Hr, Peak Dir Background Traffic Volume w/out Project (trips/hr) Growth Factor** Trip Bank 2020 Projected Pk Hr, Peak Dir Background Traffic Volume w/out Project (trips/hr) Trip Bank*** Tamiami Trail East (US 41) 93.0 Rattlesnake Hammock Rd to Triangle Blvd. 1,910 (EB) 2.0% 1.1041 2,109 359 2,269 Tamiami Trail East (US 41) 94.0 Triangle Blvd. to Collier Blvd 1,490 (EB) 2.0% 1.1041 1,646 211 1,701 Note(s): * Annual Growth Rate – estimated from 2008 - 2014 or 2% minimum.. **Growth Factor = (1+Annual Growth Rate) ^5. 2020 Projected Volume= 2015 AUIR Volume x Growth Factor. ***2020 Projected Volume= 2015 AUIR Volume + Trip Bank. The projected 2020 Peak Hour – Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway Network The existing roadway conditions are extracted from the Collier County 2015 AUIR and the project roadway conditions are based on the current Collier County 5 -Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five year Transportation Improvement Pla n (TIP) or Capital Improvement Program (CIP) are considered to be committed improvements. As no such improvements are identified in the Collier County 2015 AUIR, the evaluated Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 11 roadways are anticipated to remain as such through project build-out. The existing and future roadway conditions are illustrated in Table 5. Table 5 Existing and Future Roadway Conditions Roadway Link CC AUIR Link ID # Roadway Link Location Exist Roadway Min. Standard LOS Exist Peak Dir, Peak Hr Capacity Volume Future Project Build out Roadway Tamiami Trail East (US 41) 93.0 Rattlesnake Hammock Rd to Triangle Blvd. 6D E 3,000 (EB) 6D Tamiami Trail East (US 41) 94.0 Triangle Blvd. to Collier Blvd 6D E 3,000 (EB) 6D Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D =4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Project Impacts to Area Roadway Network Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network for future conditions (planning horizon year 2020). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. None of the analyzed links are projected to operate below the adopted LOS standard with or without the project at 2020 future build-out conditions. Table 6, Roadway Link Level of Service illustrates the LOS impacts of the project on the roadway network closest to the project. Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 12 Table 6 Roadway Link Level of Service (LOS) – With Project in the Year 2020 Roadway Link CC AUI R Link ID # Roadway Link Location 2015 Peak Dir, Peak Hr Capacity Volume Roadway Link, Peak Dir, Peak Hr (Project Vol Added)* 2020 Peak Dir, Peak Hr Volume w/Project ** % Volume Capacity Impact By Project Min LOS exceeded without Project? Yes/No Min LOS exceeded with Project? Yes/No Tamiami Trail East (US 41) 93.0 Rattlesnake Hammock Rd to Triangle Blvd. 3,000 (EB) EB-46 2,315 1.5% No No Tamiami Trail East (US 41) 94.0 Triangle Blvd. to Collier Blvd 3,000 (EB) EB-51 1,752 1.7% No No Note(s): *Refer to Table 3 from this report. **2020 Projected Volume= 2020 background (refer to Table 4) + Project Volume added. Site Access Turn Lane Analysis Connection to the subject site will be provided as follows: e xisting right-in/right-out access on eastbound Tamiami Trail East and one proposed new full movement access on southbound Price Street. For more details refer to Appendix A: Project Master Site Plan. US 41 (SR 90 – Tamiami Trail East) is a six-lane southeast-northwest urban divided arterial under the Florida Department of Transportation (FDOT) jurisdiction and has a posted legal speed of 45 mph in the vicinity of project. Price Street is currently an undivided two-lane public local roadway, southwest of Tamiami Trail East and has a posted legal speed of 30 mph in the vicinity of the project. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of future Site Development Plan (SDP)/ Construction Pl ans and Plat (PPL) applications, as applicable. Estimated project traffic turning movements exhibits are illustrated in Appendix D: Turning Movements Exhibit. It is anticipated that site related intersection improvements will be needed for the intersection of US 41 and Price Street/ Triangle Boulevard. Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 13 Improvement Analysis Based on the roadway link analysis, the proposed project is not a significant and adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development generated trips without adversely affecting adjacent roadway network level of service. As a result, no roadway link improvements are recommended. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of future Site Development Plan (SDP)/ Construction Plans and Plat (PPL) applications, as applicable. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee a s building permits are issued for the project. Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 14 Appendix A: Project Master Site Plan (1 Sheet) Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 15 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 16 Appendix B: Initial Meeting Checklist (Methodology Meeting) (6 Sheets) Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 17 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 18 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 19 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 20 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 21 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 22 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 23 Appendix C: Trip Generation Calculations ITE 9th Edition (9 Sheets) Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 24 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 25 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 26 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 27 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 28 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 29 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 30 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 31 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 32 Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 33 Appendix D: Turning Movements Exhibit (1 Sheet) Wawa – CPUD Rezone – TIS – December 2015 Trebilcock Consulting Solutions, PA P a g e | 34 Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package ENVIRONMENTAL REPORT & FLUCCS MAP P R I C E S T R E E T TAMIAMI TRAIL EAST (US 41)WATERFORD DRIVE PRICE STREET4340(1.71 AC)PROPERTY BOUNDARYEXISTING SINGLE FAMILY4380(0.20 AC)1721(1.40 AC)4380(3.13 AC)4340(0.06 AC)PROPERTY BOUNDARYPROPERTY BOUNDARY\\WEBON-FP01\WEServer$\423-01 100 Price Street - Phase 1\Drawings-Exhibits\423-01-E04 Pre App Exhibits\Current Plans\42301E0406.dwg PREPARED FOR:AERIALFLUCCS MAP0SCALE IN FEET150300600PRICE AND 41, LLCENVIRONMENTAL EVALUATIONAND ADVOCACY2159 Morning Sun Lane - SUITE 200Naples, FL 34116P: 239-514-3998 F: 239-514-0955EMAIL: brown@synecol.comSYNECOLOGICALANALYSTS43804340FLUCCS CODE1721FLUCCS TYPELOW DENSITY RURAL RESIDENTIAL SLASH PINE / OAK / CYPRESS MIXEDMIXED EXOTIC HARDWOODSAREA (AC)$&$&$&$&TOTAL Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package ARCHEOLOGICAL INFORMATION/ MASTER SITE FILE LETTER 500 South Bronough Street • Tallahassee, FL 32399-0250 • www.flheritage.com/preservation/sitefile 850.245.6440 ph | 850.245.6439 fax | SiteFile@dos.state.fl.us This record search is for informational purposes only and does NOT constitute a project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333 for project review information. April 24, 2015 Lindsay F. Rodriguez, MPA Planning Technician Waldrop Engineering 28100 Bonita Grande Dr. #305 Bonita Springs, FL 34135 E-mail: Lindsay.Rodriguez@waldropengineering.com In response to your inquiry of April 23, 2015 the Florida Master Site File lists no archeological sites and no other cultural resources found at the following parcel of Collier County Township 50/51S Range 25/26E Sections 03, 04 & 33 as submitted with search request. When interpreting the results of this search, please consider the following information: • This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. • Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws, you should contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Sincerely, Eman M. Vovsi Historical Data Analyst Florida Master Site File EMVovsi@DOS.MyFlorida.com Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package UTILITY LETTER April 23, 2015 Alexis Crespo, AICP, LEEDS AP VIA: E-MAIL Waldrop Engineering Subject: Proposed Activity Center Price St. and US 41 Parcel #: 00727320005 and related Water, Wastewater and IQ Availability Dear Ms. Crespo: Water and Wastewater services are available for the above referenced project: an 8” water main is located along Price St.; a 20” force main is located along US 41 (median). Irrigation Quality (IQ) water is not available to the project at this time. Specific connection points for the system tie-ins to water and wastewater lines may be made after submission and approval by the Planning and Project Management Department, validating that the up/downstream systems are adequate to handle the increase in demand and flow. This letter implies no guarantee that other developments throughout the District will not have an impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until the project has received a commitment for service. Should you have any further questions, please feel free to contact me at (239) 252-5366. Sincerely, Kris Van Lengen, Principal Planner Planning and Project Management Department cc: Aaron Cromer, Principal Project Manager Brett Rosenblum, Engineering Review COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ 4/15/2015 Page 8 of 16 Price and 41, LLC 2590 Northbrooke Plaza Dr. Naples FL 34119 (609) 790-1900 dhughes@hughesdevelopmentgroup.com 100 & 115 Price Street Naples FL 34113 3&4 51 26 N/A N/A N/A See Exhibit "D" of enclosed PUD Document N/A N/A 00727320005; 00726760006; 00447880207 X Collier County Utilities X Collier County Utilities 0 N/A 8,321.5 N/A 7,565 December 2015 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 4/15/2015 Page 9 of 16 N/A N/A PRICE STREET CPUD UTILITIES CALCUATION SHEET *Utilities Demand Estimate per Florida Administrative Code WASTEWATER DEMAND Wastewater Consumption Rate ESTIMATED DAILY CONSUMPTION USES Automobile Service Station Service Center 325 GPD 325 GPD Food Outlets (5,200 SF) 10 GPD/100 SF 520 GPD Deli Area (1,000 SF) 40 GPD/100 SF 400 GPD Water Closet (1 WC) 40 GPD 40 GPD Shopping Center (62,800 SF) 0.1 GPD PER SF 6,280 GPD TOTAL 7,565 GPD POTABLE WATER DEMAND Potable Water Consumption Rate ESTIMATED DAILY CONSUMPTION USES Automobile Service Station Service Center 325 GPD * 110%357.5 GPD Food Outlets (5,200 SF) 10 GPD/100 SF * 110%572 GPD Deli Area (1,000 SF) 40 GPD/100 SF * 110%440 GPD Water Closet (1 WC) 40 GPD * 110%44 GPD Shopping Center (62,800 SF) 0.1 GPD PER SF * 110%6,908 GPD TOTAL 8,321.5 GPD SUMMARY: Estimated Daily Sanitary Sewer Demand = 7,565 GPD Estimated Daily Potable Water Demand = 8,321.5 GPD Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package DEVIATIONS JUSTIFICATIONS & SUPPORTIVE EXHIBITS Price Street CPUD ‐ PL2015‐0342 Deviation Narrative Page 1 of 2 JUSTIFICATIONS FOR REQUESTED DEVIATIONS FROM LDC PRICE STREET & 41 CPUD REVISED JUNE 2016 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Deviation Attachment E‐1. JUSTIFICATION: The eastern side of the automobile service station is blocked from views along Price Street by the existing Fifth Third Bank building. Less than 10% of the eastern building façade will be visible from an external public roadway. Due to the minimum visibility from the roadway, the intervening bank building, and proposed Type “B” buffer along the eastern property line, the Applicant respectfully requests relief from the requirement to design the eastern façade to primary façade standards. In support of this request, the attached illustrative rendering (Deviation Attachment E‐1) demonstrates the architectural features and design quality of the proposed façade. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30‐foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15‐foot wide landscape buffer with no masonry wall, as shown in Deviation Attachment E‐2 attached, along the western property line where the CPUD abuts residential property. JUSTIFICATION: The Applicant is requesting an alternative buffer to meet the intent of the above code section, while maintaining attractive viewsheds from the neighboring property. As shown on Deviation Attachment E‐2, the Applicant is proposing the following planting enhancements to support this request and meet the intent of the LDC as follows: Double hedgerow installed at 5 feet in height at planting, and maintained at 6 feet in height within one year of planting; Understory trees, clustered at 6 trees per 100 linear feet, and planted at a height of 6 feet; 4 canopy trees per 100 lineal feet, planted at a height of 12 feet; and Enhanced grass/ground cover (3 gallons plantings), planted at 200 square feet per 100 linear feet. The automobile service station buffering requirement in the LDC measures separation between the property line of the automobile service station and the nearest residential property line. This measurement does not take into account sites that provide substantial spatial separation between the proposed fuel pumps and the property line, or where intervening buildings are proposed within the Price Street CPUD ‐ PL2015‐0342 Deviation Narrative Page 2 of 2 project to separate the residential uses from the pumps. The LDC also does not take into account certain off‐site features, such as the drainage canal, that provide further separation. As shown on Deviation Attachment E‐3, the dwelling unit on the property to the west is approximately 700+/‐feet from the proposed fuel pumps and is spatially separated not only by the proposed drainage canal, but by the proposed commercial buildings within the CPUD. Additionally, the fuel pumps are located along the US 41 frontage in the far northeastern portion of the site, as far away from the western property line as possible. Due to the sensitive site design and enhanced plantings proposed, the Applicant respectfully submits that the proposed buffer with meet with the intent of the LDC, while acknowledging this site’s unique configuration. At the Neighborhood Information Meeting on November 2, 2015, the Applicant asked the neighbor to the west if they would prefer enhanced vegetation or the required wall. Per the NIM meeting synopsis and audio recording, the adjoining property owner stated that the enhanced plantings was the desired buffer, and they did not want the wall. 3. Deviation from LDC Section 4.06.02.C, which requires a 15‐foot wide Type “B” landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15‐foot wide Type “B” buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. The Applicant will provide enhanced landscaping in vehicular use areas to off‐set this request, by one tree per every 275 square feet of required interior landscaped area. JUSTIFICATION: The CPUD is designed as a unified commercial development, and not as individual commercial projects. The applicant is requesting omission of internal buffers to facilitate pedestrian movement throughout the site, without the impediments generated by a 15‐foot Type “B” buffer, which includes a required hedge, wall or fence. The Applicant respectfully submits that the Type “B” buffer would isolate internal uses, and create virtual road blocks internal to the site that preclude efficient internal circulation. To off‐set the impact of this request, the Applicant is proposing increased general trees within the vehicle parking areas to provide additional vegetation within the project. Please note the Applicant is not requesting relief from the requirements to provide the 15‐foot wide Type “B” buffer along the CPUD boundaries, where the automobile service station abuts external commercial uses. These required buffers are shown on the enclosed PUD master plan in accordance with the LDC. EA 15.0' WIDEWESTERN BUFFER SECTION 6' HT UNDERSTORY TREES, CLUSTERED (6 PER 100LF) 100' TYP. ENHANCED GRASS/GROUND COVER 3 GAL, 200 SF PER 100LF DOUBLE STAGGERED HEDGEROW, 48" O.C., 60" HT SHRUB AT PLANTING & MAINTAINED AT 72" HT. 12' HT. CANOPY TREES (4 PER 100LF) WALDROP PREPARED FOR: PRICE ST. & 41 CPUD CIVIL ENGINEERING & LAND DEVELOPMENT CONSULTANTS UPDATED: FILE NAME:J:\423-01 100 Price Street - Phase 1\Drawings-Exhibits\423-01-E17 Buffer Deviation Exhibits\Current Plans\42301E17.dwg28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135 P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldropengineering.com 2015/12/16 42301E17 0 SCALE IN FEET 5 10 20 HUGHES DEVELOPMENT GROUP T A M I A M I T R A I L E A S T ( U S 4 1 ) A U T O S E R V I C E S T A T I O N 2 S T O R I E S / 3 5 ' 6, 2 0 0 S F F U E L I N G C A N O P Y C O M M E R C I A L B U I L D I N G 3 S T O R I E S / 4 5 ' 20 , 0 0 0 S F C O M M E R C I A L B U I L D I N G 3 S T O R I E S / 4 5 ' 7, 5 0 0 S F 383.6'WALDROP PREPARED FOR: WAWA CIVIL ENGINEERING & LAND DEVELOPMENT CONSULTANTS UPDATED: FILE NAME:J:\423-01 100 Price Street - Phase 1\Drawings-Exhibits\423-01-E04 Pre App Exhibits\Current Plans\42301E0402.dwg12/28/2015 1:37:47 PMFLORIDA CERTIFICATE OF AUTHORIZATION #8636 28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135 P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldropengineering.com 2015/12/17 42301E0402 0 SCALE IN FEET 30 60 120 PRE APP EXHIBIT #4 Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package SIGNED & SEALED BOUNDARY SURVEY Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015-0342 CCPC Package NEIGHBORHOOD INFORMATION MEETING SUMMARY Page 1 of 3 Memorandum To: Daniel Smith From: Alexis Crespo cc: Bruce Anderson; Dan Hughes; Dan O’Berski; Jeff Nunner Date: November 3, 2015 Subject: Price Street and 41 CPUD (GMPA-PL2015-0000363 & PUDZ-PL2015-0342) Neighborhood Information Meeting Synopsis The Applicant; Cheffy Passidomo, P.A.; Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Tuesday, November 3, 2015. The meeting was held at 5:30p.m. at the Eagle Lakes Community Park at 11565 Tamiami Trail East. The sign-in sheet is attached as Exhibit “A”, and demonstrates approximately 10 residents were in attendance, not including the consultant team. Handouts were distributed outlining the project overview, proposed uses, and development regulations, and are attached as Exhibit “B”. Alexis Crespo (project planner) conducted the meeting with introductions of the consultant team, and an overview of the proposed PUD Rezoning application and companion Growth Management Plan Amendment (GMPA). She also outlined the project location and proposed PUD Master Plan, as well as the rezoning process and opportunities to provide input at public hearings. Following the Consultant’s presentation, the meeting was opened up to attendees to make comments and ask the Agent questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. Question/Comment 1: Will the retaining ponds be fenced in? Response: No. Question/Comment 2: How many more times will this drawing change before it is ready? Response: Slight details, technical maneuvering of certain things, but we have prepared the PUD master plan based upon construction-level plans and what is intended to be built. Question/Comment 3: Nothing is recorded. Response: The meeting is recorded, and the Planning Commission gets an audio file and they listen to it. There is a clear process that is followed. Question/Comment 4: Can you put a bridge over the canal? Response: No. Page 2 of 3 Question/Comment 5: The water retention pond, how much water will they be able to hold and how much are they designed to hold? What happens when they fill up? Response: The intent is not for these areas to hold water. In heavy rain events it will discharge into that canal, so intent is to keep them as dry detention. Question/Comment 6: How much water will have to fall before it starts going into the canal? Response: Every time it rains it will start discharging into the canal. Before it discharges the water has to be cleaned and doesn’t leave the site until the water is treated. Question/Comment 7: How much water will that be able to hold? An inch? Half an inch? Response: Approximately 11 ½ inches of water, it is designed to hold that. It will be planted with vegetation. There was further discussion on the stormwater management design and process of obtaining an Environmental Resource Permit. Question/Comment 9: What’s that blue square? (Pointing to building on rendered plan) Response: A proposed commercial building. Question/Comment 10: How tall is that going to be? Will it be right on Price Street? Response: 35-feet maximum height, which would allow for multiple stories. The stormwater management area is in between the street and the building. Question/Comment 11: We love this area and have been here 40+ years. We have seen a lot of changes, including the Habitat for Humanity project. That project blocked the flow of water and has resulted in flooding on our property. Questions/CommentWhat’s going to happen with all the plastic and cups that get thrown out? How do you keep trash out of the canal? Response: A common maintenance authority will be established to address the maintenance, and Wawa does a good job with their maintenance program. There’s a lot of separation and space between the canal and the Wawa store, along with the buffers. Question/Comment 12: Is there a pipe for overflow in the ponds? Response: The ponds are connected together and will flow. Question/Comment 13: Are you going to leave anything native there? Response: We will provide whatever is required by the County. Those plans are not complete. It will likely be off-site mitigation. We will try to use existing vegetation in the buffers. Question/Comment 14: Intersection going around the curb is dangerous as it is, it’s a blind curve. Response: We’ve made a plan that reduces the line of sight, now instead of seeing trees coming around the bend, it will be water management in order to reduce the visual issue. The access is based upon designs required by the County transportation staff. Question/Comment 15: I think you’ve done a good job and it looks good to me – I’m in favor of the project. Response: Thank you. Question/Comment 16: I’m as close to this project as anyone, I’m on the west side of the canal, and I’m in favor of this and think you are doing a good job. This project will be an asset to the community and we are all for it and appreciate all the work that was done. I don’t think expected the neighborhood to stay the same for the next 100 years. Response: Thank you. Page 3 of 3 Question/Comment 16: And we’re not opposed to the project. We just want answers. Response: Thank you. We are here to answer your questions and I am happy to meet with you anytime. Question/Comment 17: K-Mart is empty. There are lots of empty commercial buildings. Is it the right time to build? Response: No response. The Applicant, Dan Hughes, asked the neighbor on the west side of the canal if they preferred enhanced plantings along the canal or an 8-foot wall required by the LDC. The neighbor responded they did not want a wall. The other attendee living on Price Street also indicated they do not want to see a wall. There were no further questions or comments. The Consultant Team thanked attendees for coming and noted that contact information was provided in the letter should anyone have more questions regarding the project. The meeting concluded at approximately 6:15 p.m. The meeting was recorded per the CD attached as Exhibit “C”. PRICE STREET & 41 CPUD (PUDZ‐PL2015‐0342) Neighborhood Information Meeting Project Information Sheet Project Size: 6.5+/‐ acres Current Zoning: General Commercial (C‐4); Commercial Intermediate (C‐3); Rural Agricultural (A) Proposed Zoning: Commercial Planned Unit Development (CPUD) Existing Density Uses: Currently Vacant Proposed Density/Uses: Automobile service station/convenience store, and commercial retail uses. The maximum requested commercial intensity is 69,500 square feet. *Applicant has also filed a small‐scale Growth Management Plan Amendment (GMPA‐PL2015‐0000363) to include the property into Activity Center 18. Page 1 of 4 PRICE STREET & 41 CPUD (PUDZ‐PL2015‐0342) COMMERCIAL PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising — miscellaneous (7319). 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611—5699). 11. Architectural services (8712). 12. Auditing (8721). 13. Auto and home supply stores (5531). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 17. Banks, credit Unions and trusts (6011—6099). 18. Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153—6159). 26. Business services ‐ miscellaneous (7381, 7389 ‐ except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories‐ telephone, drive‐away automobile, exhibits‐building, filling pressure containers, field warehousing, fire extinguisher, floats‐decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section‐5.05.09. 28. Carpet and upholstery cleaning (7217). 30. Child day care services (8351). 31. Churches. 32. Civic, social and fraternal associations (8641). 33. Coin‐operated laundries and dry cleaning (7215). Page 2 of 4 34. Coin operated amusement devices, indoor (7993). 35. Commercial art and graphic design (7336). 36. Commercial photography (7335). 37. Commercial printing (2752, excluding newspapers). 38. Computer programming, data processing and other services (7371—7379). 39. Computer and computer software stores (5734). 40. Credit reporting services (7323). 41. Dance studios, schools and halls, indoor (7911). 42. Detective, guard and armored car service (7381, except armored car and dog rental). 43. Department stores (5311). 44. Direct mail advertising services (7331). 45. Disinfecting and pest control services (7342). 46. Drycleaning plants (7216, nonindustrial drycleaning only). 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on‐premise consumption are subject to the locational requirements of section 5.05.01 49. Educational plants. 50. Educational services (8221 and 8222). 51. Electrical and electronic repair shops (7622—7629). 52. Engineering services (8711). 54. Essential services, subject to section 2.01.03 55. Facilities support management services (8744). 56. Federal and federally‐sponsored credit agencies (6111). 57. Food stores (groups 5411—5499). 58. Funeral services (7261, except crematories). 59. Garment pressing, and agents for laundries and drycleaners (7212). 60. Gasoline service stations (5541), with services and repairs as described in section 5.05.05 – Limited to one (1) gasoline service station for the entire CPUD. 61. General merchandise stores (5331—5399) 62. Glass stores (5231). 65. Hardware stores (5251). 66. Health services, miscellaneous (8092—8099). 67. Health services, offices and clinics (8011—8049). 68. Home furniture and furnishings stores (5712—5719). 69. Home health care services (8082). 72. Household appliance stores (5722). 73. Insurance carriers, agents and brokers (6311—6399, 6411). 74. Labor unions (8631). 75. Landscape architects, consulting and planning (0781). 76. Laundries and drycleaning, coin operated — self service (7215). 77. Laundries, family and commercial (7211). 78. Laundry and garment services, miscellaneous (7219). 79. Legal services (8111). 80. Libraries (8231). 81. Loan brokers (6163). Page 3 of 4 82. Management services (8741, 8742). 84. Medical and dental laboratories (8071 and 8072). 85. Medical equipment rental and leasing (7352). 86. Membership organizations, miscellaneous (8699). 87. Membership sports and recreation clubs, indoor (7997). 88. Mortgage bankers and loan correspondents (6162). 89. Motion picture theaters (7832). 91. Museums and art galleries (8412). 92. Musical instrument stores (5736). 93. News syndicates (7383). 95. Outdoor advertising services (7312). 96. Paint stores (5231). 99. Personal credit institutions (6141). 100. Personal services, miscellaneous (7299). 101. Personnel supply services (7361 & 7363). 102. Photocopying and duplicating services (7334). 103. Photofinishing laboratories (7384). 104. Photographic studios, portrait (7221). 105. Physical fitness facilities (7991). 106. Political organizations (8651). 107. Professional membership organizations (8621). 108. Professional sports clubs and promoters, indoor (7941). 109. Public administration (groups 9111—9199, 9229, 9311, 9411—9451, 9511—9532, 9611— 9661). 110. Public or private parks and playgrounds. 111. Public relations services (8743). 112. Radio, television and consumer electronics stores (5731). 113. Radio, television and publishers advertising representatives (7313). 114. Radio and television broadcasting stations (4832 & 4833). 115. Real Estate (6512, 6531—6552). 116. Record and prerecorded tape stores (5735). 117. Religious organizations (8661). 118. Repair services ‐ miscellaneous (7699 ‐ except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 119. Research, development and testing services (8731—8734). 120. Retail ‐ miscellaneous (5921—5963, 5992—5999). 121. Retail nurseries, lawn and garden supply stores (5261). 122. Reupholstery and furniture repair (7641). 123. Secretarial and court reporting services (7338). 124. Security and commodity brokers, dealer, exchanges and services (6211—6289). 125. Security systems services (7382). 126. Shoe repair shops and shoeshine parlors (7251). 127. Social services, individual and family (8322—8399, except for homeless shelters and soup kitchens). Page 4 of 4 128. Surveying services (8713). 129. Tax return preparation services (7291). 130. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09 132. Theatrical producers and miscellaneous theatrical services, indoor (7922‐7929, including bands, orchestras and entertainers; except motion picture). 133. Travel agencies (4724, no other transportation services). 134. United State Postal Service (4311, except major distribution center). 135. Veterinary services (0741 & 0742, excluding outside kenneling). 136. Videotape rental (7841). 137. Vocational schools (8243—8299). 138. Wallpaper stores (5231). 139. Watch, clock and jewelry repair (7631). Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures. 2. Caretaker's residence, subject to section 5.03.05 3. Recreational uses and facilities 4. Essential services, including interim and permanent utility and maintenance facilities. 5. Water management facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). Page 1 of 1 DEVELOPMENT STANDARDS FOR PRICE STREET & 41 CPUD COMMERCIAL DEVELOPMENT STANDARDS TABLE I COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND STANDARDS PRINCIPAL USES ACCESSORY USES Min. Lot Area 10,000 SF N/A Min. Lot Width N/A N/A Min. Lot Depth N/A N/A SETBACKS (EXTERNAL)(2) U.S. 41 25’15’ Price Street 25’15’ Canal 25’15’ SETBACKS (INTERNAL) Front/Internal Drives(3) 15’10’ Side 10’SPS Rear 10’SPS Min. Distance Between Principal Structures ½ Building Height 10’ MAXIMUM HEIGHT Actual Zoned 35’ 45’ 35’ 45’ SPS = Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Automobile service station and associated fuel pumps will meet the site design standards and setbacks set forth in 5.05.05.B.1. (3) Front setback is measured from back of curb. (4) Waterbody setbacks are measured from the control elevation established for the water body. Published DailyNaples, FL 34110 Affi davit of PublicationState of FloridaCounties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier Coun-ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affi ant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post offi ce in Naples, in said Collier County, Florida, for a period of one year next pre-ceding the fi rst publication of the attached copy of advertisement; and affi ant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.___________________________________________________________Customer Ad Number Copyline P.O.#_____________________________________________________________________________________ WALDROP ENGINEERING, P.A. 746993 NIM Pub Dates October 19, 2015 _______________________________________ (Signature of affi ant) Sworn to and subscribed before me This November 09, 2015 _______________________________________ (Signature of affi ant) _______________________________________ (Signature of affi ant) Sworn to and subscribed before me This November 09, 2015 _______________________________________ (Signature of affi ant) 12A »Monday,October 19,2015 »NAPLES DAILY NEWS By Jamie Stengle Associated Press DALLAS —The recent arrest of a 14 -year-old Muslim boy whose teacher mistook his homemade clock for a bomb led to widespread ridicule of school officials and accu- sations that Islamophobia might have played a part. It earned Ahmed Mo - hamedan invitation to the White House, where the Irving teen will attend astronomynight Monday. But it also got him a three- day suspension,which he says the district insisted he serve even after it was clear it was just a clock. Ahmed’s suspension —his parents have since withdrawn him from the school —reflects the rigid disciplinary policies that many U.S.schools adopted in the 1990s.But many dis- tricts,including some of the nation’s largest,have been softening their ap- proach,foregoing auto - matic suspensions,expul- sions and calls to the police for one-on-one counseling and less severe forms of punishment. “When we can’t tell the difference between a seri- ous problem and a nonseri- ous problem with a kid in school,the problem is not the kid:It is us,”said Mi- chael Gilbert,who heads the San Antonio-based Na- tional Association of Com- munity and Restorative Ju stice,which advocates a focus on dialogue instead of punishments. The school districts in New Yo rk,Los Angeles and Denver are just some of those that have moved away from discipline poli- cies that relied heavily on suspensions.State govern- ments have also been taking action:This year,Connecti- cut limited out-of-school suspensions and expulsions for students up through the second grade,Te xas de- criminalized truancy and Oregon limited when sus- pensions and expulsions can be appl ied to students up through the fifth grade. Last year,the Obama ad- ministration asked schools to abandon policies that send kids to court,issuing guidelines encouraging training school person nel in conflictresolution. “We’re seeing a lot of change at the federal,state and local level that I think is moving us in a new direc- tion,”said Russell Sk iba,di- rector of The Equity Project at Indiana Un iversity.But, he added,“There are still a lot of schools that don’t have the resources or are afraid to move to something else.” Denver Publ ic Schools started implementing a so- called restorative discipline program in 2008.District leaders were concerned about the high number of suspensions and expul- sions,which the grass roots group Padres &Jovenes Un idos pointed out were being disproportionately used to punish minority students. One such student,Mar- garita Atencio,said her Denver school suspended her in seventh grade —be- fore the new policies were fully in place —after other girl s beat her up and blamed her for the incident.When she returned,she couldn’t concentrate on her stud- ies because she was afraid it would happen again.It did,and this time she was expelled,she said. “I was just done.I thought since nobody was on my side that nobody cared about me really,”said Atencio,who had to repeat the seventh grade.Now 19 and a recent high school graduate,she has volun- teered as a yout h leader for Padres &Jovenes Un idos forthree years. Eldridge Greer,whoruns the Denver district’s Whole Child Supports program, said the school year before the policy changes began taking effect,there were about 11,500 out-of-school suspensions and 167 expul- sions.He said last school year,those figures were down significantly,to about 5,400 suspensions and 55 expulsions. Before the change,stu- dents involved in incidents like shouting matches would receive out-of-school suspensions,but nothing wouldbedonetoaddress their behavior,Greer said. Now,such students might meet with a school official instead to discuss the rea- sons for the spat and to try to address them. Daniel Kim,director of yout h organizing for Padres &Jovenes Un idos,said that while the change in school discipline policies is bene- fiting all students,there are still disparities in the pun- ishment rates for minorities when compared to whites —especially for blacks. Outgoing U.S.Education Secretary Arne Duncan said last month that sus- pensions and expulsions “track tooclosely with race andclass.” “This is not just about ex- pl icit,obvious bias.Indeed, sometimes,when a genu- inely transparent moment of bias arises,the whole country stops and takes a break.A child holds a clock.And we see a bomb,” he said .“Butmore often,it’s far subtler stuff.” After Ahmed’s arrest,the police chief said there was no evidence that he meant to cause alarm.But the school district has declined to explain its handling of the incident,citing student pri- vacy laws.Aspokeswoman has said the district could provide “a different view- point”if given permission by the fa mily to release his school records. Dan Losen,director of the Center for Civil Rights Remedies at UCLA’s Civil Rights Project,said his group’s report looking at the most recent U.S.num- bers found out-of-school suspension rates leveling off and racial gaps narrow- ingslightly. Philip Ca rney said that three years after starting a restorative discipline program as principal of Ed White Middle School in Sa n Antonio,out-of-school sus- pensions have dropped by 72 percent. “We even got to the point where students are han- dling their ow n conflicts, now with us just observing andsetting up the process,” said Ca rney,now the restor- ative discipline coordinator for his school district. Scho ol s across U.S.find alternat ives to suspending st udents Ahmed Mohamed AssociAted press seventh grader Jayden Witter,left,takes the “talking piece”as he discusses a recent conflict Friday with another student solved through restorative justice,which included teachers and students gathering in circles for discussions,at ed White Middle school in san Antonio. Last year,the Obama administra- tion aske d schools to abandon policies that send kids to court, issuing guidelines encouraging training school personnel in conflict resolution. 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Seefor yourself,Call us to schedule your free A/C estimate $500 Value $500 Value New A/C System* As low as $78 amonth FREE DUCT CLEANING with A/C Savings so BIG PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE No.746993 October 19,2015 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend aneighborhood information meeting held by Bruce Anderson,Esq.of Cheffy Passidomo,P.A.and Alexis Crespo,AICP of Waldrop Engineering,P.A.on behalf of the property owner at the following time and location: Tu esday,November 3,2015 at 5:30 p.m. Eagle Lakes Community Park,Meeting Room 1 11565 Ta miami Tr ail East,Naples,FL 34113 The subject property totals 6.5+/-acres and is located at the southwest corner of U.S.41 and Price Street in Sections 3,4and 33,To wnship 50 South,Range 26 East, Collier County,Florida.The property owner has made two (2)concurrent applications to Collier County.These applications include the following: (1)ASmall-Scale Growth Management Plan Amendment (GMPA)to include the property in Activity Center #18,which currently borders the property to the southeast along Price Street (GMPA-PL2015-0000363);AND (2)Arequest to rezone the property from General Commercial (C-4),Commercial Intermediate (C-3),and Rural Agricultural (A)to aCommercial Planned Unit Development (CPUD)to allow for an automobile service station,including 16 fuel pumps,and commercial retail uses.The maximum requested commercial intensity is 69,500 squarefeet.(PUDZ-PL2015-0342). WE VA LUE YOUR INPUT Business and property owners and residents arewelcome to attend the presentation and discuss the project with the owners’representatives and Collier County staff.If you areunable to attend this meeting,but have questions or comments,they can be directed to: Waldrop Engineering,P.A.c/o Alexis Crespo,AICP 28100 Bonita Grande Dr.,Suite 305,Bonita Springs,FL 34135 (239)405-7777,ext.207 OR alexis.crespo@waldropengineering.com *Please note that the Collier County Parks and Recreation Department does not sponsor or endorse this program.Ad Number:Insertion Number:Size:Color Type:746993N/A3 Col x 9.25 inN/AAdvertiser:Agency:Section-Page-Zone(s):Description:Waldrop Engineering PAN/AA-12-AllNIMMonday, October 19, 2015 October 16, 2015 RE: Price Street and 41 GMPA-PL2015-0000363 & PUDZ-PL2015-0342 Dear Property Owner: Please be advised that Alexis Crespo, AICP of Waldrop Engineering, P.A. and Bruce Anderson, Esq. of Cheffy Passidomo, P.A. on behalf of the property owner have made two (2) concurrent applications to Collier County. These applications include: (1) a Small-Scale Growth Management Plan Amendment (GMPA) to include the property in Activity Center #18, which currently borders the property to the southeast along Price Street; AND (2) a request to rezone the property from General Commercial (C-4), Commercial Intermediate (C-3), and Rural Agricultural (A) to a Commercial Planned Unit Development (CPUD) to allow for an automobile service station, including 16 fuel pumps, and commercial retail uses. The maximum requested commercial intensity is 69,500 square feet. The subject property totals 6.5+/- acres and is located at the southwest corner of U.S. 41 and Price Street in Sections 3, 4 and 33, Township 50 South, Range 26 East, Collier County, Florida. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about these applications and ask questions. Please note multiple members of the Board of County Commissioners and/or Planning Commission may be in attendance. The Neighborhood Information Meeting will be held on Tuesday, November 3, 2015 at 5:30 p.m. at the Eagle Lakes Community Park, Meeting Room 1, 11565 Tamiami Trail East, Naples, FL 34113. Should you have questions prior to the meeting, please contact me directly at (239) 405-7777 ext. 207, or alexis.crespo@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Alexis V. Crespo, AICP Director of Planning *Please note that the Collier County Parks and Recreation Department does not sponsor or endorse this program. Price Street and 41 CPUD PUD Rezone (PUDZ) PL2015‐0342 CCPC Package SIGN POST AFFIDAVIT & PHOTOS