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Agenda 02/10/2015 Item #17B
2/10/2015 17.B. 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 2008-50 which established the Tamiami Crossing Commercial Planned Unit Development to retain the density of 235,000 square feet of commercial uses; to replace Exhibit C-1 Master Plan for large format retail and Exhibit C-2 Master Plan B for multi-tenant retailers with Exhibit C, a new Master Plan; to revise Development Standards including an actual height increase from 40 to 50 feet and a zoned height increase from 35 to 45 feet; to add Deviations regarding directory signs; and to modify and delete Development Commitments. The subject property is located on the southeast quadrant of US 41 and Collier Boulevard in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 24.51 acres; and by providing an effective date (Petition number PUDA-PL20140000477). This is a companion to Agenda Item 17. A. OBJECTIVE: To have the Board of County Commissioners (BCC) 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 the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Tamiami Crossing Commercial Planned Unit Development (CPUD)was originally approved in Ordinance Number 08-50 on September 9, 2008. (Please see attached Ordinance Number 08-50.) The CPUD allows for 235,000 square feet of C-1 through C-5 Uses on a 25.45+/- acre site. Most of the CPUD except for 0.88 +/- acres is located within the Mixed Use Activity Center Subdistrict of the FLUE (Future Land Use Element). The 0.88 +/- acre parcel is located within the Henderson Creek Mixed Use Subdistrict(HCMUS). Currently, the 0.88+/- acre parcel is prohibited from having any buildings on it, essentially limiting it to a parking lot use. The petitioner seeks to remove the 0.88+/- acre portion of the site from the Henderson Creek Mixed Use Subdistrict and redesignate it to the Mixed Use Activity Center Subdistrict. A companion small-scale amendment has been filed to remove this small parcel from the Henderson Creek Mixed Use Subdistrict (HCMUS) and redesignate the parcel to the Mixed Use Activity Center Subdistrict (Activity Center#18). The size of the PUD, 25.45+/- acres, and boundary of the PUD will remain the same. The petitioner is also seeking to replace the large format retail Master Plan and a multi-tenant Master Plan with a new multi-tenant Master Plan. The commitments that were associated with the large format retail along with commitments that are redundant with the LDC (Collier County Land Development Code) have been removed from the PUD document. The petitioner proposes to increase the building height from a zoned height of 35 feet to 45 feet and to increase the actual building height from 40 feet to 50 feet. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of Packet Page-865- 2/10/2015 17.B. development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees 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 of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP)IMPACT: Future Land Use Element(FLUE): Comprehensive Planning staff finds the proposed PUD Amendment may be deemed consistent with the Future Land Use Element pending the approval of the companion GMP amendment. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL2014000477, Tamiami Crossing PUD, on December 18, 2014, and by a unanimous vote of 5 to 0 recommended to forward this petition along with the companion small scale Growth Management Plan Amendment to Activity Center # 18 and Henderson Creek to the Board of County Commissioners (BCC) with a recommendation of approval. The approval is subject to the following CCPC conditions of approval which have been incorporated into the PUD document: 1. SIC Code 5735 shall be added to the prohibited uses. 2. The *** foot note shall be deleted from the Development Standards Table. 3. The setback from US 41 shall be a minimum of 100 feet except for outlot parcels. 4. Various grammar and letter corrections as discussed shall be made. There were no letters of objection received, therefore this petition will be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Tamiami Crossing CPUD. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Packet Page-866- 2/10/2015 17.B. Criteria for CPUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed 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? Packet Page -867- 2/10/2015 17.B. 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 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. Packet Page-868- 2/10/2015 17.B. 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 BCC 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. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDA- PL201400000477, Tamiami Crossing Planned Unit Development (PUD), subject to the approval of the companion small scale Growth Management Plan Amendment to Activity Center#18 and Henderson Creek. Prepared by: Nancy Gundlach, AICP, RLA Planning& Zoning Attachments: 1) Staff Report 2) Proposed Ordinance 3) Ordinance Number 2008-50 4) Location Map 5) Master Plan 6) Application- go to: http://www.colliergov.net/ftp/AgendaFeb1015/GrowthMgmt/Application.pdf Packet Page -869- 2/10/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 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 2008-50 which established the Tamiami Crossing Commercial Planned Unit Development to retain the density of 235,000 square feet of commercial uses;to replace Exhibit C-1 Master Plan for large format retail and Exhibit C-2 Master Plan B for multi-tenant retailers with Exhibit C, a new Master Plan; to revise Development Standards including an actual height increase from 40 to 50 feet and a zoned height increase from 35 to 45 feet;to add Deviations regarding directory signs; and to modify and delete Development Commitments. The subject property is located on the southeast quadrant of US 41 and Collier Boulevard in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 24.5± acres; and by providing an effective date (Petition number PUDA-PL20140000477). This is a companion to Agenda Item 17. A. Meeting Date: 2/10/2015 Prepared By Name: GundlachNancy Title:Planner,Principal, Comprehensive Planning 1/12/2015 11:35:07 AM Submitted by Title:Planner,Principal, Comprehensive Planning Name: GundlachNancy 1/12/2015 11:35:08 AM Approved By Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 1/20/2015 5:18:17 PM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Packet Page-870- 2/10/2015 17.B. Date: 1/21/2015 10:58:06 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/22/2015 2:26:08 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 1/26/2015 5:05:53 PM Name: MarcellaJeanne Title:Executive Secretary, Transportation Planning Date: 1/27/2015 3:50:53 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/29/2015 11:39:11 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 2/2/2015 9:18:33 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/3/2015 9:53:17 AM Packet Page-871- 2/10/2015 17.B. AGENDA ITEM 9-C 99unty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: DECEMBER 18, 2014 SUBJECT: PUDA-PL20140000477, TAMIAMI CROSSING CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) (COMPANION ITEM TO SMALL SCALE GMPA TO A/C #18 AND HENDERSON CREEK, PL20140000534/CPSS-2014-3) APPLICANT/OWNER: KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 AGENTS: Mr. D. Wayne Arnold Mr. Richard D. Yovanovich Q. Grady Minor& Associates Coleman, Yovanovich and Koester, P.A. 3800 Via Del Rey 4001 Tamiatni Trail North, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance amending Ordinance Number 2008-50 which established the Tamiami Crossing Commercial Planned Unit Development to retain the currently approved maximum density of 235,000 square feet of commercial uses; to replace Exhibit C-1 Master Plan for large format retail and Exhibit C-2 Master Plan B for multi-tenant retailers with Exhibit C, a new Master Plan; to revise Development Standards including an actual height increase from 40 to 50 feet and a zoned height increase from 35 to 45 feet;to add Deviations regarding directory signs; and to modify and delete Development Commitments; and by providing an effective date. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 1 of 14 Packet Page -872- 2/10/2015 17.B. ‘s, R g / sg a s 5 i .;.. dd a/attr.t477:-.7. \ 7 • '414■111iIIIP � Q � 4?A f 41,fe m e. - p ./.4 o vbd � ur -3 / /i311111111111D1111744(4111.11E61 il t psi � �QG.:3EE8;;;7E`;;6;.;Efio '`t S . r I Z 4,,,, 4 � ; o N I k''''''J '''',. :11111111:11111 U f a i S 44/40,AlLagiiiiii""":''jl ii:i 1::!:,:::,rill a,.,J lip,411101P, (Ia s) aarn3,roa aarnoo.t 1 I Rai,7 ZIA I,71- ,,,- 1 1111/ c.' - /-i-fArtmilill'll -.MB N, _, IL ZW55 O1 JON Cl D n. 4t I m - m oz RE 5 w L g< , w El= r o f a �G S�� d aV I °tg$ . g^ a H A ci N �, 8� A tg G� a 0 J IP P Zqm2 tort Ski !Sb'Y'� 1 1 Z M , jr,,,, O\ .v gw gh P. g A 9,e so � V,72 ,o =. �=! oar.�asl '� `Ili — a p - m U i 2 ---"" s b— s O j " g ► 71 g m Packet Page -873- ""b""",° .`:,` °' 2/10/2015 17.B. 6? a-o o � / °��-ql � �.�z—�;. o /, ,g Is 1o. 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G 9 6 0 �• a l O ❑ �� 0 IQO w ¢ p NI, • ot , z> ( a oW 26.....1,:,,,E :w yi crn i g fi a; ./1 k w o n °/ / 0 ° P C9 a/ ,. � in 1-- o w rn w O I 1 IIJ 0? / '/r/ Y }+� U w W / oO as Nzo �.'0_ w' a of o� ace s ouo;o . o ow wa o"� �uowo� {1 LL �� ,n ¢ o.-{ �w w .. k kk / o� o- o- 2,h m °m zw - i .G °�--- .� / •.E.�L __ as j n 1' j w a U Y w J W V / J Q U Q W w W�- Y_ Q O W U> N J W W N W Y W J Ill- co < Q O� ��;] 00 0 > z Zto w O x W o ° O w W .. U_ Z (A N 7 .-j. Q I- W : Z w W O Q W C G a k a n 0 © u Packet Page -874- 2/10/2015 17.B. GEOGRAPHIC LOCATION: The subject 24.5+/- acre property is located in the southeast quadrant of Tamiami Trail East (US 41) and Collier Boulevard (SR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The Tamiami Crossing CPUD was originally approved in Ordinance Number 08-50 on September 9, 2008. (Please see Attachment B: Ordinance Number 08-50.) The CPUD allows for 235,000 square feet of C-1 through C-5 Uses on a 25.45+/- acre site. Most of the CPUD except for 0.88 +/- acres is located within the Mixed Use Activity Center Subdistrict of the FLUE (Future Land Use Element). The 0.88 +/- acre parcel is located within the Henderson Creek Mixed Use Subdistrict (HCMUS). Currently, the 0.88+/- acre parcel is prohibited from having any buildings on it, essentially limiting it to a parking lot use. The petitioner seeks to remove the 0.88+/- acre portion of the site from the Henderson Creek Mixed Use Subdistrict and redesignate it to the Mixed Use Activity Center Subdistrict. A companion small-scale amendment has been filed to remove this small parcel from the Henderson Creek Mixed Use Subdistrict (HCMUS) and redesignate the parcel to the Mixed Use Activity Center Subdistrict (Activity Center#18). The size of the PUD, 25.45+/- acres, and boundary of the PUD will remain the same. As noted previously, the petitioner is also seeking to replace the large format retail Master Plan and a multi-tenant Master Plan with a new multi-tenant Master Plan. The commitments that were associated with the large format retail along with commitments that are redundant with the LDC (Collier County Land Development Code) have been removed from the PUD document. The petitioner proposes to increase the building height from a zoned height of 35 feet to 45 feet and to increase the actual building height from 40 feet to 50 feet. SURROUNDING LAND USE AND ZONING: North: A Collier County lift station with a zoning designation of RSF-3 (Residential Single— family); and Tamiami Trail (US 41), a 6-lane divided principal arterial road and then undeveloped and developed retail with a zoning designation of C-5 (Heavy Commercial). East: Preserve area with a zoning designation of Artesa Pointe PUD(Planned Unit Development) and conservation land with a zoning designation of Agriculture (A). South: Walmart Shopping Center and Passedo Drive, a two-lane local road; and then single— family residences with a zoning designation of Artesa Pointe PUD. West: Circle K Convenience Store/Gas Station and Sprint Station with a zoning designation of C-4 (General Commercial), and a Collier County lift station with a zoning designation of RSF-3 (Residential Single-family), and Collier Boulevard (SR 951), a 6-lane divided TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 4 of 14 Packet Page -875- 2/10/2015 17.B. minor arterial road; and then residential development with a zoning designation of Eagle Creek PUD. N-., . x ., ., t ,., ,... ,,, , ......„...,,„ ,/,.,,,, ,,,,,gaff. -0140 ; t `� ; ,.,,,. , . ,,,,,. -.„ - - , , rro t � - V `�"t eta G w' , ni'4Y 4F— '" , /1/41.',`f-‘". '44 * 4 I ' ' . ' "" \ W' ''''' rti.f."N".;,'"Nir '\ - ' . . 4,0, .- - ice„ - {�� f: �3 '�r1��" „'§' t , t �'� ,. - 'T�tsA�e I '4''.. -_. 9� x y `� q, a v�1 ��'°� 'ky f c:4f.' �Yn a - a 5. lTM .yr I� Y 1 ¢ �+I�� ,f l , n SUBJECT °h 't r4 •� � , w� ,,.�.,; - PROPERTY �,� � A ����'`ti: ' 1 4 - S�„ .�► 4 � °��"- .� it "(`'ti yy 614 4 1 r � I , II,a I _ -' 4 SUBJECT ,'y t,,,e$,..4.' ",2r ' �j¢A 1 e I r t .:. r R r tigip,'. �. ; p�R ' { '.'� Cry ♦ ,,, 4N ' I 1' • +4 ,SI;arrlin .at 4, 0.88 ACRE , r 8 ¢j. `� ' i 4' r� �) e.i L T'T PARCEL . :': ,,- .4- r 41,1.` dt`.�F I. • .'.. .,. .�'� 1 '� x ,k-A lid1.. r;& '� 1 H0, v'! ' li- .. py t a_.�ppi Lauror Luu ly rrononv i4 1.2.$1 aChre fL `...,.,4 .�. A` T �':+4� 1 '.S ,• " ff' „A' ' AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban, Urban Commercial District, Mixed Use Activity Center Subdistrict (almost the entire site), and Urban Mixed Use District, Henderson Creek Mixed Use Subdistrict (0.88+7- acres), and is within the Coastal High Hazard Area— all as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relevant to this petition, the Mixed Use Activity Center Subdistrict allows commercial uses as allowed in the C-1 through C-5 zoning districts; and, the Henderson Creek Mixed Use Subdistrict does not allow commercial development (building square feet) on the 0.88+/- acre parcel. Note: There is a companion GMP amendment petition (CPSS-2014-3) proposing to remove the 0.88+1- acre parcel from the Henderson Creek Mixed Use Subdistrict and add it to the Mixed Use Activity Center Subdistrict resulting in a 0.88+/- acre expansion of the boundaries of Mixed Use Activity Center TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 5 of 14 Packet Page -876- 2/10/2015 17.B. #18. The proposed PUD Amendment to remove the restriction on building development for the 0.88+1-acre parcel is contingent upon approval of the GMP amendment. I' The existing Tamiami Crossing CPUD (Ordinance No. 08-50) allows a variety of commercial uses, consistent with the Mixed Use Activity Center Subdistrict. However, the 0.88+/- acre parcel not presently located in the Mixed Use Activity Center is prohibited from containing buildings — essentially limited to parking lot use. The primary use change requested in this petition is to allow building construction on that 0.88+/- acre parcel. When this PUD was approved in 2008, it was deemed consistent with the FLUE, including the Mixed Use Activity Center Subdistrict's factors to be considered for rezoning, and applicable policies under Objectives 5 and 7. The FLUE has not been amended subsequently so as to affect consistency. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic g p Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Consistency with the Transportation Element, Policy 5.1 has been achieved via participation in a joint DCA (Developer's Contribution Agreement recorded on April 16,2009 (O.R. 4444,Pages 2523-2546). Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The location of the proposed preserve will not be affected by the proposed amendment and together with the proposed water management area will provide a connection to adjoining preserves within Artesa Pointe PUD and State owned lands to the southeast. A minimum of 3.49 acres of native vegetation are required to be retained for the PUD. Based upon the above analysis, the proposed PUD may not be deemed consistent with the Future Land Use Element. However, if the companion GMP amendment petition is approved,then this petition could be deemed consistent with the FLUE. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, Staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The developer environmental commitments section has been updated to delete standard LDC requirements and to document the minimum preservation requirement for the PUD. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances, the project does not require review by the Environ- TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 6 of 14 Packet Page-877- 2/10/2015 17.B. mental Advisory Council (EAC). There are no impacts or changes in location to previously approved preserves, no listed species have been identified on-site and the project site no longer meets the size threshold for review by the EAC. Transportation Review: Transportation Division Staff has reviewed this petition and recommends approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The primary change as noted previously is to remove the 0.88 acre+/- portion of the site from the Henderson Creek Mixed Use Subdistrict and relocated it to the Mixed Use Activity Center Subdistrict. The petitioner seeks to amend the following items in the PUD: Replace the large format retail Master Plan and a multi-tenant Master Plan with a new multi-tenant Master Plan. Remove the commitments that were associated with the large format retail along with commitments that are redundant with the Collier County Land Development Code(LDC) Increase the maximum building height from a zoned height of 35 feet to 45 feet and to increase the maximum actual building height from 40 feet to 50 feet. List adult-oriented sales or rentals (Group 7841) as a prohibited use. The petitioner is also removing the original sign and landscape deviations and is seeking one new sign deviation from the Collier County Land Development Code (LDC). Please see the Deviation Discussion section of this Staff Report for further information. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" TAMIAMI CROSSING CPUD, PUDA-PL20140000477 November 18,2014 Page 7 0114 Packet Page -878- 2/10/2015 17.B. 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 currently approved type and pattern of residential development was determined to be suitable when the subject PUD was previously approved. 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. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will he required to gain site development approval. This will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP,subject to the adoption of the companion GMP amendment. 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 currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was previously approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally,with the proposed amendments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development TAM IAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 8 of 14 Packet Page -879- 2/10/2015 17.B. must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. ty f J P This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation 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 believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulation." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviation. REZONE FINDINGS: LDC Subsection10.03.08. F states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment may not be deemed consistent with the Future Land Use Element. However, if the companion GMP amendment petition is approved, then this petition could be deemed consistent with the FLUE. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 9 of 14 Packet Page-880- 2/10/2015 17.B. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to remove the 0.88+/- acre portion of the site from the Henderson Creek Mixed Use Subdistrict and relocate it to the Mixed Use Activity Center Subdistrict. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall intensity of commercial land uses allowed by the current PUD is not exceeded in the proposed PUD amendment. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 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 proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will increase the zoned building height from 35 feet to 40 feet but it will not affect the amount of light and air to the adjacent areas. 10. Whether the proposed change would 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. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 10 of 14 Packet Page -881- 2/10/2015 17.B. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties adjacent to the subject site are already partially developed. The basic premise underlying all of the development standards in Exhibit `B" of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, 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 contrasted with the public welfare. If the proposed companion GMPA is approved, then the proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further,believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD amendment is not out of scale with the needs of the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Not applicable. The proposed uses are already permitted at the subject site. 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 site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the SDP (Site Development Plan) process and building permit process. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 11 of 14 Packet Page -882- 2/10/2015 17.B. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking one new deviation from the requirements of the LDC. It is Deviation#3 and is found in PUD Exhibit E. Deviation # 3 seeks relief from LDC Section 5.06.04 F.3, Directory Signs, which allows one directory sign, containing a minimum of 4 panels and a maximum of 8 panels for one single entrance on each public street, to allow one directory sign containing a minimum of 4 panels and a maximum of 8 panels for 1 single entrance on each public street, for a maximum of two directory signs on U.S. 41 and a single directory sign up to 150 square feet on Collier Boulevard. Petitioner's Rationale: The deviation is necessary in order to provide guidance to motorists and customers with regard to tenants within the center. As designed, the primary building will be situated on the site at an angle, thereby limiting exposure of individual tenant signs to customers. Further, the directional access points provided warrant a directory sign in order to allow visible signage to northbound and southbound motorists. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. Therefore, Planning & Zoning Review staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on September 10, 2014 at 5:30 p.m. at the East Naples Library at 8787 Tamiami Trail East, Naples, FL 34113. For further information please see Attachment C, "Tamiami Crossing CPUD.....Neighborhood Information Meeting" (NIM) synopsis prepared by the applicant. TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 12 of 14 Packet Page -883- 2/10/2015 17.B. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA-PL2014000477 on November 18,2014. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20140000477 to the Board of County Commissioners with a recommendation of approval of this amendment. Attachments: A. Proposed Ordinance B. Ordinance Number 2008-50 C. NIM Synopsis TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 18,2014 Page 13 of 14 Packet Page -884- 2/10/2015 17.B. PREPARED BY: \ivtAit (4/0k _/AP NANCY G L A , AICP, PRINCIPAL PLANNER DATE GROWTH AGEMENT DIVISION REVIEWED BY: RAYI� �iND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: r //4)--/`lr —NIC `'CA AL•.+ '`UI r • , I MINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the February 10, 2014 Board of County Commissioners Meeting TAMIAMI CROSSING CPUD,PUDA-PL20140000477 November 13,2014 Page 14 of 14 Packet Page -885- 2/10/2015 17.B. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20140000477] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing KRG 951 & 41, LLC, petitioned the Board of County Commissioners to amend the Tamiami Crossing Commercial Planned Unit Development ("CPUD"). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to CPUD Document. The CPUD Document, attached as Exhibits "A" through "G" to Ordinance No. 2008-50 is hereby amended and replaced with the CPUD Document attached hereto as Exhibits "A" through"G" and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01356/1147404/1]89-Tamiami Crossing CPUD 1 of 2 PUDA-PL20140000477-Rev. 1/22/15 Packet Page -886- 2/10/2015 17.B. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of . 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: fr Heidi Ashton-Cicko 1` \ Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Residential Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E - List of Requested Deviations Exhibit F—List of Development Commitments Exhibit G—Landscape Buffer [14-CPS-01356/1147404/1)89-Tamiami Crossing CPUD 2 of 2 PUDA-PL20140000477-Rev. 1/22/15 Packet Page -887- 2/10/2015 17.B. EXHIBIT A FOR TAMIAMI CROSSING CPUD PERMITTED USES I. PERMITTED USES The 25.4-502± acre commercial project shall not be developed with more than a maximum of 235,000 square feet of gross commercial floor area. 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—Commercial Tract: 1. Amusement and recreation services: Groups 7911 and 7991. 2. Apparel and accessory stores: Groups 5611 - 5699. 3. Attorney Offices and Legal Services: Group 8111. 4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and used motor vehicle dealers), 5531 (auto and home supply store), 5541 (gasoline service stations [automobile service stations only, with services and repairs as described in the Land Development Code, convenience food and beverage stores, and excluding truck stops -retail. Diesel pumps shall only be provided for automobiles and trucks of one ton or less capacity]) and 5571 (motorcycle dealers). 5. Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for automobiles and trucks/buses of one ton capacity or less). 6. Boat Dealers: Group 5551. 7. Bowling Center: Group 7933 8. Building Materials: Groups 5211-5231 9. Business Services: Groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384. 10. Depository Institutions and Non-depository Credit Institutions: Groups 6021- 6163 11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted only in conjunction with a restaurant). 12. Eating Establishments and Places: Group 5812. 13. Educational Services: Groups 8211 — 8249 and 8299 (no exterior instruction of motorized equipment). Words strellt-threugh are deleted;words underlined are added Tamiami Crossing CPUD Revised 12/18/2014 Paee 1 of 13 Packet Page -888- 2/10/2015 17.B. 14. Food Stores: Groups 5411, 5421, 5431 (except roadside sales) and 5499. 15. Garden Supply Group: 5261 16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs and discount retail superstores). 17. Hardware Stores: Group 5251. 18. Health Services: Groups 8011 - 8099. 19. Professional Offices: Groups 6712 - 6799. 20. Home Furniture, Furnishings and Equipment Stores: Groups 5712 -5736. 21. Hotels and Motels: Group 7011. 22. Insurance Agencies, Brokers and Carriers: Groups 6311 -6399 and 6411. 23. Management Services: Groups 8711 - 8748. 24. Membership Organizations: Groups 8611, 8621, 8641 and 8661. 25. Miscellaneous Repair Services: Groups 7622 - 7631. 26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 - 5949 and 5992 - 5999 (except auction rooms, monument and tombstone sales). 27. Movie Picture Theaters: Group 7832. 28. Museums and Art Galleries: Group 8412. 29. Personal Services: Group 7212 (dry-cleaning and laundry pickup stations only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning salons only). 30. Public Administration: Groups 9111 - 9661. 31. Real Estate agents and managers (Groups 6512 - 6514, 6519, 6531 - 6552, excluding mobile home brokerage on-site). 32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups 6211 -6289. 33. Social Services: Groups 8322 (only adult day care centers, counseling centers, and senior citizens associations), and 8351. 34. Travel Agencies: Group 4724. Words struck-tom are deleted;words underlined are added. Tamiami Crossing CRUD Revised 12/18/2014 Pau 2 of 13 Packet Page -889- 2/10/2015 17.B. 35. Veterinarian's Office: Group 0742 (for household pets only and without overnight boarding or outdoor kennels). 36. Videotape Rental: Group 7841. 37. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places. 3. Caretaker's residence. 4. Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside sales). II. PROHIBITED USES The following uses shall be prohibited: 1. Tattooing establishments (Group 7299)_ 2. Adult-oriented sales or rentals (Groups 5735 and 7841). III. PRESERVE TRACT 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Preserves B. Accessory Uses: 1. Boardwalks,nature trails and shelters. Words gtr -through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Paw 7 Packet Page -890- 2/10/2015 17.B. 2. Any other conservation and related open space activity or use that is comparable in nature with the foregoing uses and which the Board of Zoning Appeals,or designee,determines to be compatible in the Preserve Tracts. Words struckt nrgh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 4 of 13 Packet Page -891- ,. 2/10/2015 17.B. EXHIBIT B FOR TAMIAMI CROSSING CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code(LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUMLOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Tamiami Trail (U.S. 41) No „-100 feet except SPS 25 feet for outlots. From Collier Blvd. Not less than 25 feet. SPS From Pasedo Dr 25 Ft. SPS From Artesa Pointe PUD Boundary 15 Ft. SPS From Western Project Boundary 25 Ft. SPS From Eastern Project Boundary 25 Ft. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 10 Ft. SPS Rear 15 Ft. SPS Side 10 Ft. SPS Preserve 25 Ft. SPS MIN. DISTANCE BETWEEN 10 Ft. or %2 the sum of the 10 Ft. STRUCTURES building heights * MAXIMUM HEIGHT Retail Buildings***Zoned Z ed- 5 Ft. 25 Ft. Actual 10 Ft. Office BuildingsActual Zoned 35 Ft. 25 Ft. Actual 40-50 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA _ 235,000 Sq. Ft. N/A SPS =same as principal structure * whichever is greater ** Per subdivided lot, excluding parking areas under buildings ***See Exhil 2. ,ns art the lore fore Words struek-threuggh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Packet Page -892- 2/10/2015 17.B. -- , • �Y If! w OO a X uW W I v W D z , N. il g.12i 'V )7 1.7. -.? a �p iL6 wo 3 ,3 r ` i a` U O y.., H- '0.1 /rr ' s i wo> co GI !tz0 m co ' /•'/ ' �F1 1i O p m ` k r 2 ri e4 / t0 / €g + / /' � I �� lt; tilb. - ' . ''._ -. .- ! i -.6:_ - : -., -_ !//,. f D I �a ,//'' / - - I ' - 1 /// // I? I! ! ' — _ - - - 0 t /,3 ' ,/ SS '.�, : ,II . � 1 ■_ � Ce IEEEEEE© / 1g �/ 0 ��..` @' A----1,,A:; ,'/ / 3;� ti 3 „"fi Q O !tie it 1 @.�,.;t. ( �s;■ N.) 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EXHIBIT D FOR TAMIAMI CROSSING CPUD LEGAL DESCRIPTION The subject property being 25.4402± acres is located in Section 3, Township 51 South, Range 26 East, and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ACCORD-I. • 7' ' • •e 7 • e r rs _43 D TRACT -•. . • — . e THROUGH 2876 OF :1114E-11641C RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTI4 00"01'03" WEST. ALON-G THE -EAST LINE OF SAID LANDS, FOR A DISTANCE Or; • _ • •• N. a . — THENCE RUN NORTI I 89°55'57" WEST. ALONG SAID NORTH LINE. FOR A DISTANCE OF 196.99 FEET TO THE NORTHERLYMOSTWESTERLY CORNER OF SAID TRACT "C"; IENCT RUN SOUTH 0029" WEST, ALONG THE WESTERLY LINE OF SAID TRACT' 11C". FORA DL- 'a a' 7 • • 7 ; ' '340100" WEST, ALONG 'HIE NORTHERLY ,a 7 " ", • 9 'E OF 100.09 FEET TO A P-04NT ON TILE EAST RIGHT OF WAY---L-ENE OF STATE ROAD P951 (RIGHT OF WAY- VARIES); - ' " LINE. FOR A DISTANCE OF 140.20 FEET: THENCE RUN NORTH 01°12'01" EAST, - P :a a • , 7:72'7: RIGHT OF WAY LINE OF STAT f • ' a a • ' 3 • ' : '2 ' " - . ONG SAID SOUTHERLY RIGHT OF WAY LINE. FOR A DISTANCE OF 1.92732 FEET; THENCE RUN SOUTH 25'39'11" WEST FOR A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTHERLY LINE OF - - - • • AT BOOK- 44--AT PAGES 71 THROUG-I4 77 OF THE PUBLIC RECOR•. EN CE R ' ' 0 .-G---T-14E-N4R444ERLY LINE OF 2. _ 1443GE, FOR A DISTANCE OF 855.70 FEET TO THE-POINT OF B-EGINNI-N-G OF THE PARCEL OF LAND HI RI DESCRII3ED, CONTAINING 25.151 A-CRLS. MORE OR LESS. COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 90 (TAMIAMI 'FRAIL) WITH THE EAST R1GHT-OF-WAY LINE OF S'EATE ROAD 951 AS SHOWN ON FDOT RIGHT-OF-WAY MAP DATED 3/18/87 AND HAVING A SECTION NUMBER OF 03030-2511; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 90. SOUTH 54°21'45" EAST Words stFuelt-threugh are deleted,-words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 7 of 13 Packet Page-896- 2/10/2015 17.B. 305.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 54°21'45" E 1,927.32 FEET TO A POINT ON THE EAST LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3860, PAGE 2805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE SOUTH 35°38'15" WEST, A DISTANCE OF 400.00 FEET TO A POINT ON THE BOUNDARY OF TRAIL RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 71-77 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES; NORTH 54°21'45" WEST, A DISTANCE OF 855.70 FEET; THENCE NORTH 89°5726" WEST, A DISTANCE OF 683.33 FEET; THENCE SOUTH 00°02'32" WEST, A DISTANCE OF 200.05 FEET; THENCE NORTH 89°57'26" WEST, A DISTANCE OF 196.99 FEET; THENCE SOUTH 02°29'01" WEST, A DISTANCE OF 100.09 FEET; THENCE SOUTH 89°58'31" WEST, A DISTANCE OF 100.09 TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 02°29'01" EAST, A DISTANCE OF 98.67 FEET TO A POINT ON THE BOUNDARY OF PARCEL 102FEE1 AS RECORDED IN OFFICIAL RECORDS BOOK 4892, PAGE 1638 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES; SOUTH 87°23'44" EAST, A DISTANCE OF 6.16 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHERLY 102.90 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 01°53'52", (CHORD BEARING NORTH 08°30'53" EAST, A DISTANCE OF 102.90 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT, THE SAME BEING A POINT ON THE BOUNDARY OF PARCEL 102FEE2 OF SAID OFFICIAL RECORDS BOOK 4892, PAGE 1638; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; NORTHERLY 12.14 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 00°13'26", (CHORD BEARING NORTH 09°34'31" EAST, A DISTANCE OF 12.14 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 452.43 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,961.00 FEET, A CENTRAL ANGLE OF 06°32'40", (CHORD BEARING NORTH 06°24'55" EAST, A DISTANCE OF 452.18 FEET); THENCE NORTH 07°54'29" EAST, A DISTANCE OF 112.52 FEET; THENCE NORTH 05°32'33" EAST, A DISTANCE OF 6.21 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF SAID PUBLIC RECORDS; THENCE ALONG SAID NORTH LINE SOUTH 89°43'43" EAST, A DISTANCE OF 223.28 FEET TO A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 805 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE REMAINING COURSES AND DISTANCES BACK TO THE POINT OF BEGINNING; NORTH 15°44'18" WEST, A DISTANCE OF 320.41 FEET: THENCE NORTH 35°38'15" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25.02 ACRES, MORE OR LESS. Words sti°ttek-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 8 of 13 Packet Page -897- 2/10/2015 17.B. EXHIBIT E FOR TAMIAMI CROSSING CPUD DEVIATIONS A. Landscape buffer(s). L_DC, only for that portion of the project immediately north of Tract A. This deviation would provide relief from the above referenced LDC provision which requires a pfatted-traets as shown on the Conceptual Master Plan. B. Project signage.The developer requests a deviation from Subsections 5.06.01.C.1 and 5.06.04.C.3 which per-miss a-maximum of _ - L . . , . ., . . . .. , three on premises pole or monument sign: - , . i tareafor _ sign shall ex-c Parking distribution. The developer requests a deviation from Subsections 5.05.08.E of the LDC which permits no more than 50% of the required parking area for interior lots to be Iocated between the primary façade and the abutting street, to permit 100% of the required parking area to be permitted between the primary façade and the Collier Boulevard road frontage. The landscape buffer adjacent to Collier Boulevardthe public roadways shall be enhanced with 16-foot tall canopy tree clusters, and palm tree clusters, as identified in deviation Exhibit G, and as described in Exhibit F, Item 2.1iB.1. The developer shall this Ordinance. D2. Fences and Walls. The developer requests a deviation from LDC Subsection 5.03.02.E.2H, which requires placement of a concrete or masonry wall between non-residential and residential development, to permit the Tamiami Crossing CPUD to provide type B buffer, without a masonry wall where the project abuts residentially-zoned property in two areas of the site. 3. Project Signage. The developer requests a deviation from LDC Section 5.06.04.F.3. Directory Siens, which allows one directory sien. containine a minimum of 4 panels and a maximum of 8 panels for one single entrance on each public street to allow one directory sien containing a minimum of 4 panels and a maximum of 8 panels at each project entrance. for a maximum of two directory siens on U.S. 41 and a single directory sign up to 150 sq. ft. on Collier Boulevard. Words high are deleted;words underlined are added Tamiami Crossing CPUD Revised 12/18/2014 Page 9 or 13 Packet Page -898- 2/10/2015 17.B. EXHIBIT F FOR TAMIAMI CROSSING CPUD LIST OF DEVELOPER COMMITMENTS 1. Regulations for development of the Tamiami Crossing CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. _. tt3ettt i, e-uy the developer v i z _ - daring--the--review and approval process. A. PUD MASTER PLANS 2. Exhibit "C I", "Conceptual Master Plan "A", Large Format Retailer" tenant retailer and is conceptual in nature. Proposed ar©a, lot or land use planing or SDP approval. Subject to the provisions of the LDC, a. The Building setback shall be t1 retie of 2 feet vertical to 1 foot b. All Loading Areas shall be fully screened from the sight line of travel and shrub material as depicted in Exhibit"G". commitments in Exhibit"F", Item G. Lxhii}it `-C 2" (=-}ntp - conccpttlat-if-nature. Prop- . c .2 undaries or special istrued to be It .-. ..: - • Subject to the prop isiens of the LDC, atttem: ents may be made from time to time. B. WATER MANAGEMENT . Words s€trek-through are deleted;words underlined are added Tamiami Crossing CPUD Revised 12/18/2014 Page 10 of 13 Packet Page -899- 2/10/2015 17.B. A copy or the South Flf>r-idft—Wr---114anagt. P.` surft+ce -water permit application shall be sent to Collier Count) De-velopment Ser'ices with the final plat or SDP submittal. NGYD or above. C. UTILITIES 1. Water distribution, sewage collection and transmission and interim water and'or sewage tt f3 facilities - . -- applicable County ordinances and other applicable County rules and r tip 2. Except on an interim basis for structures such as sales/construction trailers - :.'ced to hook up to and utilize public DA. TRANSPORTATION 1. The Conceptual Master Plans "A" and "B" depicts two one potential vehicular and pedestrian interconnections with the adjacent property to the south. The developer shall assure that these this interconnections accommodates the perpetual use of such access by incorporating the appropriate language into the applicable development covenants, and SDP or plat. €B. PLANNING 1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami Trail frontages. The 20-foot Type `D' Buffer shall be enhanced with additional palm trees provided at a ratio of 3 palms per 60 linear feet. The required canopy trees shall be a minimum of 16-feet tall at the time of planting and shall be staggered in clusters 20 feet on center. Clusters of 3 palms between required canopy tree clusters shall be planted no more than 8 feet on center. The palms shall be 12-foot to 18-foot staggered heights. The distance between required canopy tree clusters and palm clusters shall be no more than 30 feet apart. All required plants shall be native species. The enhanced landscape buffers are depicted on Exhibit G. lon• :st landscape island (which island is depicted on Exhibit C I, th., Conceptual N4aster Plan} running from the parkin, area of the project to .'- .'ng on Tract C'. The ‘A alkw ay shall be a Words so.ran are deleted,-words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 11 of 13 Packet Page -900- 2/10/2015 17.B. teh e feet at its—f - -mil of a per::.o-la or arbor cor F.C. ENVIRONMENTAL A minimum of 3.43 acres (22.89 x .15 = 3.43) of native vegetation shall he preserved in accordance with the LDC. 4. AP P "• 1. The theme for all buildings in the center for Conceptual Master St)le-or"Florida Cracker Si)le-. "• ", •-: - - -- -: -_ - - : " - 200 feet of the U-S -II right of wa) Ilne. excludin2. any tower element, shall be reduced to : • . : - - toned height-of 35 feet.with a mii-x-iiiiitm-aettial height of.38' feet. 1. Rai - be US 41 fight of wa) shall not exceed the maximum heights listed in Exhibit B, Table 1. s -•. - . Words sir-uelf-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12118/2014 Page 12 of 13 Packet Page -901- 2/10/2015 17.B. • 1 11111. of ek < . 1 1 A,.1, .„.. 1 r i N 1+ Il ` 211- i d �..� z se`s 2 N „ N z � `� a o \ }. ,Ns I rsi © � .y N I i, .I as UA W . Q N M. FMS O 1 i• -, , \ 744 ks..t 4' .f✓, a o ""e1. 0.. w MI e3 H kS o "" z lbI ► , i Packet Page -902- 7123s 2/10/201517.8. A ORDINANCE NO. 08-50 .a� 1.4,yAN ORDINANCE OF THE BOARD OF COUNTY ekt0z601,07# 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 (AGRICULTURAL),C-2 (COMMERCIAL CONVENIENCE), C- 4 (GENERAL COMMERCIAL) ZONING DISTRICTS AND ARTESA POINTE PUD TO A COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" KNOWN AS THE TAMIAM.I CROSSING CPUD LOCATED, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.45± ACRES; AND BY PROVIDING AN ENrr,CTIVE DATE. - g "I WHEREAS, KRG 951 and 41, LLC, represented by Wayne Arnold, of Q.CGfldy_44inCrrn • & Associates, petitioned the Board of County Commissioners to change the zoniniii*sifteatiO0 of the herein described real property. i)r I�. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from the A (Agricultural), C-2 (Commercial Convenience) and C-4 (General Commercial) and Artesa Pointe PUD Zoning Districts to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Tamiami Crossing Commercial Planned Unit Development (CPUD) in accordance with Exhibits A through G, attached hereto and incorporated by reference herein. Page 1of2 T _� Packet_Page_-903_ B 2/10/2015 17.B. The appropriate zoning atlas map or maps, as described in 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 Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this CAM' day of �l rh ;2008. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock,.Cleft( OF COLLIE', COUNT , FLORIDA • By t n to,fhatt, stily Clerk By TOM HE NING, CHAIRM s lvatrure on 1 Approved as to form and legal sufficiency: Marjori . Student-Stirling Assistant County Attorney Exhibit A—Permitted Uses Exhibit 13—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Requested Deviation from LDC Exhibit F—List of Developer Commitments Exhibit G—Landscape Buffer This ordinance filed with the Secretory of State's Office t I�f�`doy of and ocknowledgemegt obthat fluty recgived this L L\day of fi Deputy Veit Page 2 of 2 Packet Page -904- 2/10/2015 17.B. EXHIBIT A FOR TAMIAMI CROSSING CPUD PERMITTED USES I. PERMITTED USES The 25.45± acre commercial project shall not be developed with more than a maximum of 235,000 square feet of commercial floor area. 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. Amusement and recreation services: Groups 7911 and 7991. 2. Apparel and accessory stores: Groups 5611 -5699. 3. Attorney Offices and Legal Services: Group 8111, 4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and used motor vehicle dealers), 5531 (auto and home supply store), 5541 (gasoline service stations [automobile service stations only, with services and repairs as described in the Land Development Code, convenience food and beverage stores, and excluding truck stops - retail. Diesel pumps shall only be provided for automobiles and trucks of one ton or less capacity]) and 5571 (motorcycle dealers). 5. Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for automobiles and trucks/buses of one ton capacity or Iess). 6. Boat Dealers: Group 5551. 7. Bowling Center: Group 7933 8. Building Materials: Groups 5211-5231 9. Business Services: Groups 7311, 7313, 7322- 7338, 7361, 7371 - 7384. 10. Depository Institutions and Non-depository Credit Institutions: Groups 6021- 6163 11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted only in conjunction with a restaurant). 12. Eating Establishments and Places: Group 5812. 13. Educational Services: Groups 8211 — 8249 and 8299 (no exterior instruction of motorized equipment). post CCPC draft PUD(4) 7)1'7%49' Pam 1 of 12 AR-108751 KITE451 PLN Packet Page -905- 2/10/2015 17.B. 14. Food Stores: Groups 5411, 5421, 5431 (except roadside sales) and 5499. 15. Garden Supply: Group 5261 16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs and discount retail superstores). 17. Hardware Stores: Group 5251. 18. Health Services: Groups 8011 - 8099. 19. Professional Offices: Groups 6712- 6799. 20. Home Furniture, Furnishings and Equipment Stores: Groups 5712-5736. 21. Hotels and Motels: Group 7011. 22. Insurance Agencies, Brokers and Carriers: Groups 6311 -6399 and 6411. 23. Management Services: Groups 8711 - 8748. 24. Membership Organizations: Groups 8611, 8621, 8641 and 8661. 25. Miscellaneous Repair Services: Groups 7622- 7631. 26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 - 5949 and 5992 - 5999 (except auction rooms, monument and tombstone sales). 27. Movie Picture Theaters: Group 7832. 28. Museums and Art Galleries: Group 8412. 29. Personal Services: Group 7212 (dry-cleaning and laundry pickup stations only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning salons only). 30. Public Administration: Groups 9111 - 9661. 31. Real Estate agents and managers (Groups 6512 - 6514, 6519, 6531 - 6552, excluding mobile home brokerage on-site). 32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups 6211 -6289. 33. Social Services: Groups 8322 (only adult day care centers, counseling centers, and senior citizens associations), and 8351. 34. Travel Agencies: Group 4724. post CCPC draft PUD(4) 71 TTA AR-10875/KfTE951PLN Packet Page -906- 2/10/2015 17.B. 35. Veterinarian's Office: Group 0742 (for household pets only and without overnight boarding or outdoor kennels). 36. Videotape Rental: Group 7841. 37. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges(Group 5813), only in conjunction with eating places. 3. Caretaker's residence. 4. Sidewalk sales: outdoor seasonal sales shall be permitted(except roadside sales). II. PROHIBITED USES The following uses shall be prohibited: Tattooing establishments (Group 7299). III. PRESERVE TRACT 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Boardwalks,nature trails and shelters. 2. Any other conservation and related open space activity or use that is comparable in nature with the foregoing uses and which the Board of Zoning Appeals,or designee,determines to be compatible in the Preserve Tracts. pest CCPC draft PUD(4) ' Ylr?1pA_ "' AR-10875/KITE951 PLN Packet Page -907- 2/10/2015 17.B. EXHIBIT B FOR TAMIAMI CROSSING CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUMLOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Tamiami Trail(U.S.41) Not less than 25 feet. SPS From Collier Blvd. Not less than 25 feet. SPS From Pasedo Dr 25 Ft. SPS From Artesa Pointe CPUD Boundary _ 15 Ft. SPS From Western Project Boundary 25 Ft. SPS From Eastern Project Boundary 25 Ft. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 10 Ft. SPS Rear 15 Ft. SPS _Side 10 Ft. SPS Preserve 25 Ft. SPS MIN. DISTANCE BETWEEN 10 Ft. or Y2 the sum of the 10 Ft. STRUCTURES building heights * MAXIMUM HEIGHT Retail Buildings*** Zoned 35 Ft. 25 Ft. Actual 40 Ft. Office Buildings Zoned 35 Ft. 25 Ft. Actual 40 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA _ 235,000 Sq.Ft. N/A SPS=same as principal structure * whichever is greater ** Per subdivided lot,excluding parking areas under buildings ***See Exhibit F Section 2.G.2 for further height restrictions on the large format retailer building. post CCPC draft PUD(4) '7}rh},p,o- -._r, AR-108751 KITE951 PU' Packet Page-908- . 2/10/2015 17.B. Ih: zw • o P /~ ul w� W �Oa QX 3 V a� p K a ,, y „,K DC ~jp oU p / C/') r«1 -w W2W ~y rr ' V t2 G DZZp a R p i �' g€gq y�f '�. �' E aOm x i r/ F �0� x DO RXO W W� h' 7,/. .�`` i i1j0. 00 m 4-W 5; .9 r •' �' RI. ,,,Z wP>W m r /r��.;• Ha' 7 Q0.' jw ,/' .K ' , .113 ':<', 't1v•:'< z•i1 11 op . Z N Pi / . w. ,.� / / . ./0'1' / ':'.....'16,*.•.•,•••• /,!?'•!_q. '1-,'-;:-.` ',/'','... gi! 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EXHIBIT D FOR TAMJAMI CROSSING CPUD LEGAL DESCRIPTION The subject property being 25.45± acres is located in Section 3, Township 51 South, Range 26 East, and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S.-3" OF TRAIL RIDGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN NORTH 89°55'57" WEST, ALONG THE NORTH LINE OF SAID TRACT "O.S.-3", FOR A DISTANCE OF 683.32 FEET TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLITFR COUNTY, FLORIDA; THENCE RUN SOUTH 00°04'03" WEST, ALONG THE EAST LINE OF SAID LANDS, FOR A DISTANCE OF 200.05 FEET TO A POINT ON THE NORTH LINE OF TRACT "C" OF SAID TRAIL RIDGE; THENCE RUN NORTH 89°55'57" WEST, ALONG SAID NORTH LINE, FOR A DISTANCE OF 196.99 FEET TO THE NORTHERLYMOSTWESTERLY CORNER OF SAID TRACT"C"; THENCE RUN SOUTH 02°30'29" WEST, ALONG THE WESTERLY LINE OF SAID TRACT "C",FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90°00'00" WEST,ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100,09 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD #951 (RIGHT-OF-WAY VARIES); THENCE RUN NORTH 02°3079" EAST, ALONG SAID EAST RIGHT-OF -WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04°12'04" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 640.85 FEET; THENCE RUN SOUTH 89°42'14" EAST FOR A DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15°42'49" WEST FOR A DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35°39'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT- OF-WAY); THENCE RUN SOUTH 54°20'16" EAST, ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35°39'44" WEST FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY LINE OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 54°20'16" WEST, ALONG THE NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 25.451 ACRES, MORE OR LESS. post CCPC draft PUD(4) —`m AR-10875/KITE95I PLN Packet Page -911- 2/10/2015 17.B. • EXHIBIT E FOR TAMIAMI CROSSING CPUD DEVIATIONS A. Landscape buffer(s). The developer requests a deviation from Subsection 4.06.02, Table 2.4(footnote 3) of the LDC, only for that portion of the project immediately north of Tract A. This deviation would provide relief from the above-referenced LDC provision which requires a landscape buffer to be provided between platted commercial building lots, to permit a zero foot setback between buildings and no landscape buffer(s) between separately platted tracts as shown on the Conceptual Master Plan. B. Project signage. The developer requests a deviation from Subsections 5.06.04.C.1 and 5.06.04.C.3 which permits a maximum of two pole or monument signs per street frontage at a maximum of 80 square feet each and 1,000 feet separation, to permit a maximum of three on-premises pole or monument signs along the projects U.S. 41 frontage. The maximum sign area for the three signs shall not exceed 160 square feet, and no single sign shall exceed 80 square feet. C. Parking distribution. The developer requests a deviation from Subsection 5.05.08.E of the LDC which permits no more than 50% of the required parking area for interior lots to be located between the primary facade and the abutting street, to permit 100% of the required parking area to be permitted between the primary facade and the Collier Boulevard and Tamiami Trail road frontage irrespective of which Conceptual Master Plan option is pursued. The landscape buffer adjacent to Collier Boulevard shall be enhanced with 16-foot tall canopy tree clusters, and palm tree clusters, as identified in deviation Exhibit G, and as described in Exhibit F, Item 2.E.1. The developer shall provide a covered pedestrian walkway as described in Subsection 2.E.2. of Exhibit F of this Ordinance. D. Fences and Walls. The developer requests a deviation from LDC Subsection 5.03.02.E.2, which requires placement of a concrete or masonry wall between non-residential and residential development, to permit the Tamiami Crossing CPUD to provide Type B buffer, without a masonry wall where the project abuts residentially-zoned property in two areas of the site. post CCPC draft PhD f)1"frl ) - - --- AR-10575/KITE95 i PLN Packet Page-912- 2/10/2015 17.B. EXHIBIT F FOR TAMIAMI CROSSING CPUD LIST OF DEVELOPER COMMITMENTS 1. Regulations for development of the Tamiami Crossing CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 2. Any commitments made by the developer will be added to this exhibit as they are made during the review and approval process. A. PUD MASTER PLANS 1. Exhibit "C-1" and Exhibit "C-2" depict the conceptual master plans for two proposed development options. 2. Exhibit ''C-1", "Conceptual Master Plan "A", Large Format Retailer" illustrates the proposed development for a 170,000 square foot or larger single tenant retailer and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions of the LDC, amendments may be made from time to time. a. The building setback shall be a ratio of 2 feet vertical to 1 foot horizontal or a minimum of 25 feet from the US 41 right-of-way line. b. All loading areas shall be fully screened from the sight line of travel on US 41 with landscape and hardscape features. c. The required landscape buffers along US 41 and Collier Boulevard shall be increased with tree and shrub material as depicted on Exhibit «G„ d. Conceptual Plan "C-1" shall adhere to the applicable architectural commitments in Exhibit F,Item 2. G. 3. Exhibit "C-2", Conceptual Master Plan "B" illustrates the proposed development for multi-tenant retailers, each less than 170,000 square feet, and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions of the LDC, amendments may be made from time to time. 4. All necessary easements, dedications,or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. post CCPC draft PUD(4) -rtank lJ- "° AR-10875 I K1TE451 PLN Packet Page -913- 2/10/2015 17.B. B. WATER MANAGEMENT 1. A copy of the South Florida Water Management District (SFWMD) surface water permit application shall be sent to Collier County Development Services Staff with the final plat or SDP submittal. 2. A copy of the SFWMD surface water permit shall be submitted to Collier County prior to final SDP or final plat approval. 3. The stormwater management control elevation discharge shall be 4.9 feet NGVD or above, as required or as approved by the South Florida Water Management District. C. UTILII`IES 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances and other applicable County rules and regulations. 2. Except on an interim basis for structures such as sales/construction trailers and models,the project shall be required to hook-up to and utilize public water and sewer facilities. D. TRANSPORTATION 1. The Conceptual Master Plans "A" and "B" depict two potential vehicular and pedestrian interconnections with the adjacent property to the south. The developer shall assure that these interconnections accommodate the perpetual use of such access by incorporating the appropriate language into the applicable development covenants,and SDP or plat. E. PLANNING 1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami Trail frontages. The 20-foot Type `D' Buffer shall be enhanced with additional palm trees provided at a ratio of 3 palms per 60 linear feet. The required canopy trees shall be a minimum of 16-feet tall at the time of planting and shall be staggered in clusters 20 feet on center. Clusters of 3 palms between required canopy tree clusters shall be planted no more than 8 feet on center. The palms shall be 12-foot to 18-foot staggered heights. The distance between required canopy tree clusters and palm clusters shall be no more than 30 feet apart. All required plants shall be native species. The enhanced landscape buffers are as depicted on Exhibit G. 2. The developer shall provide a covered pedestrian walkway over the longest landscape island (which island is depicted on Exhibit C-1, the Conceptual Master Plan) running from the parking area of the project to the main entrance of the building on Tract C. The walkway shall be a post CCPC draft PUD -7117ry4P— Pane t n of 17 AR-10875/KITE9S1 PLN Packet Page -914- 2/10/2015 17.B. minimum of eight feet in width with the covering to be a minimum of twelve feet at its peak. The covered walkway may be in the form of a pergola or arbor covered with shade-producing vegetation. F. ENVIRONMENTAL 1. An analysis demonstrating that post-development pollutant loading will be less than or equal to predevelopment loading in general accordance with the Harvey Harper methodology shall be completed and submitted for review and approval at the time of site development plan review. G. ARCHITECTURE 1. The theme for all buildings in the center for Conceptual Master Plans "A" and "B" shown in Exhibit C-1 and C-2, shall be "Old Florida Style" or "Florida Cracker Style". 2. The large format retailer building in Exhibit C-1, Conceptual Master Plan "A", shall comply with the additional following commitments: a. The building height of any building or portions of buildings within 200 feet of the US 41 right-of-way line, excluding any tower element, shall be reduced to a maximum zoned height of 29 feet (or a maximum actual height of 32 feet). The tower element(s) shall be a maximum zoned height of 35 feet,with a maximum actual height of 38 feet. I. Buildings or portions of buildings beyond 200 feet from the US 41 right-of-way shall not exceed the maximum heights listed in Exhibit B,Table 1. 2. Signage shall not be permitted on any tower element on the large format retailer building. post CCPC draft PUD(4) ?IMO-I Pave I 1 oft 2 AR-10875/KITE95I PLN Packet Page -915- 2/10/2015 17.B. • ne Vie O 2!"\\ I` Q I) ( i II- 1iijIi 21111 ! 04 ir is' A-40.,"-.412,--.6,\Ir \VI • re'AI* `4 I- U f N 1 rk 4 71 V.0 ZI Cz; 44 oo ci) allibh,U}5 �NI • 0 PI F4 CO) W N r, Q (Ni a N 11.1 ..... E. 1 H I ' 0.1 LLI �I�A► I - C, 0 A w-11 >, Q •- =li,S11 r 4L. U a 0, ,E,., _ , V) I 1411 Q 8 0 tl o 8 Packet Page -916- 2/10/2015 17.B. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2008-50 Which was adopted by the Board of County Commissioners on the 9th day of September, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of September, 2008 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners :* : Teresa Polaski, Deputy _Clerk Packet Page -917- r. 2/10/2015 17.B. I° R .. € � iitaa:tea as k: • ® 0 Nei`•`k,Cpl 7 0 441; w Li * .04t., o 1 44**j 0 4,1"444. Ea El 2 / / '".4,,V E: KT. 0 .41. ����iiGi:�7�lYb2i�m,� F 2 Gs�, rs 1�I�� ■ qn 1.• PR r J 7 L d I 8 Oyb q O 4,0 e 6 ii 0 4'-',)4,,,, 404 J,i U 000 i a N III Elk. 4 •1•111y... 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Li; W J I F W% /'/ ;LL �V=S_`o Ujz' W! a oQ ;W I �WJ' Qo o5 `- �, poo N°" �m °Q w" I 3LL� oU�� /� o� o $LL o° °j °ma Zw o/// V / ---- m '- -°-- -- °° �m NO a o O - - / O - _ / 1O - a. 5 l 96 N S - pig o • -- 0 ha 1 o o _ U a w J W // W 0 J W O Q w w CC W UW CO O -U W W Q< J >d (n Q 0 Z� � Q om w_ 0 _U` zw W W E Z N NN= a O U 0) U N= Z Z z 0 w < w CC a W a Packet Page -919- • PUBLIC NOTICE PUBLIC NOTICE PUBL 2/10/2015 17.B. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on February 10,2015,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 Tamiami Trail E.,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER.COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88±ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES;AND BY ADDING THE 0.88±ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO.18 BY 0.88±ACRES.THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S.41,ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951),WITHIN THE TAMIAMI CROSSING CPUD, ORDINANCE NO. 2008-50,AS AMENDED, IN SECTION 3, TOWNSHIP z 51 SOUTH, RANGE 26 EAST, CONSISTING OF 0.88± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534/CPSS- m 2014-3] In & AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED r- UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES;TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B Z FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT rn STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5±ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PUDA-PL20140000477] r=u ll a �..A RESORT PARNIO \1b 35 3<ul. ,�� 5 36 'ti( e 5c%a PAILS 2 J� - C PROJECT - Q) 'ROAM N .!' I PIOA-P20,4 40000477 1�3 , RESORT ai c a MARE RESEW,[ • e fv , rz z POPA O LAWS ERR PRA ■ I\ • • s J rN m[Revd S 11 s O • S< All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N. Horseshoe Dr.,Naples,FL,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,February 10, 2015 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record •includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East,Suite 101,Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are • available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK • By: Martha VergaraDeputy Clerk(SEAL) No.231123928 January 21.2015 • Packet Page -920-