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Agenda 05/26/2015 Item # 9A Proposed Agenda Changes Board of County Commissioners Meeting May 26, 2015 Continue Item 9A to the June 9,2015 BCC Meeting: This item to be heard at 9:45 a.m. This item has been continued from the April 28,2015 BCC meeting,and continued again from the May 12,2015 BCC Meeting. Recommendation to deny a single,2013 Cycle 3 Growth Management Plan Amendment specific to the Vincentian Mixed Use Sub district petition.(Adoption Hearing) (Companion to rezone petition PUDZ-PL20130001726,Vincentian Village Mixed Use PUD) (Staff's request) Continue Item 9B to the June 9,2015 BCC Meeting: This item to be heard immediately following Item 9A, This item was continued from the April 28,2015 BCC Meeting, and continued again from the May 12,2015 BCC Meeting. This item requires 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 established 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 Planned Unit Development(PUD) zoning district to a Mixed Use Planned Unit Development(MPUD) zoning district for a project to be known as the Vincentian Village MPUD,to allow construction of a maximum of 224 multifamily residential dwelling units,up to 250,000 gross square feet of commercial land uses, and a hotel limited to 150 rooms and an assisted living facility(ALF) at 0.6 FAR. The commercial uses are subject to conversions and limitations if the project is developed as mixed use or if a hotel or ALF is constructed. The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 30.68+/- acres; providing for the repeal of Ordinance Number 99-37,the Vincentian PUD; and by providing an effective date. [PUDZ-PL20130001726. This is a companion item to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Sub district, PL20130001767/CP-2013-10] (Staffs request) Move Item 16D2 to Item 11D: Recommendation to approve a standard form Agreement for Sale and Purchase with Earl Willett for a"good deal"purchase of 2.02 acres under the Conservation Collier Land Acquisition Program,at a cost not to exceed$3,050. (Commissioner Nance and Commissioner Henning's separate requests) Continue Item 16D8 to the June 9,2015 BCC Meeting: Recommendation to approve Standard Facility Use Agreements for Community Markets(Short-Term and Long Term)and authorize the County Manager or his designee to execute the Short-Term Use Agreements; the Long Term Use Agreements will be presented to the Board for signature. (Staff's request) 5/26/2015 9.A. n SUPPLEMENTAL EXECUTIVE SUMMARY Recommendation to deny the single, 2013 Cycle 3 Growth Management Plan Amendment specific to the Vincentian Mixed Use Subdistrict petition. (Adoption Hearing) (Companion to rezone petition PUDZ- PL20130001726,Vmcentian'Village Mixed Use Planned Unit Development) OBJECTIVE: For the Board of County Commissioners (BCC) to deny (not adopt) the single petition in the 2013 Cycle 3 of amendments to the Collier County Growth Management Plan (GMP) and not to approve said amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: This petition, and the companion PUD rezone petition, was heard at the April 28, 2015 meeting and continued to the May 12, 2015 meeting and continued again to the May 26, 2015 meeting. At the April 28 meeting, the Board directed the applicant to include a commitment to provide 40% of the dwelling units to persons that are income qualified for "gap housing." To implement the Board's direction, most of the resulting text changes occur in the PUD exhibits. However, a change does occur to a portion of the proposed Vincentian Mixed Use Subdistrict text, as shown below; staff requested this change as the addition of"gap housing" results in the sentence no longer directly correlating to the referenced policy. (Note: All of the text is new so as to establish this new subdistrict - text changed from the April 28 meeting is shown in single strike /single underline format. The Ordinance Exhibit A has been revised to reflect the below change.) 17. Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30.68 acres, is located on the south/west side of Tamiami Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood, community, and regional commercial development; residential development; and mixed use (commercial and residential)development. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. Ift-erder-tis-cemply-with-Peliey-1-.4421 - • . . ...•-_ . . -• - - . .. . The property may be developed entirely as commercial, entirely as residential, or as a mixture of residential and commercial uses. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC - Not to adopt and transmit petition PL20130001767/CP-2013-10, as submitted or as revised at the CCPC meeting, to the Florida Department of Economic Opportunity. However, in the event that the Board does approve this petition, staff recommends the above text change be included. •'■ Packet Page-19- 5/26/2015 9.A. Prepared by: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section,Zoning Division, Growth Management Department Attachments: 1) Original Executive Summary for 4/28/15 BCC meeting; 2) CCPC Adoption Staff Report; 3) Adoption Ordinance with Exhibit "A" text and maps; 4) DEO and Reviewing Agency Comment Letters; 5) Transmittal Executive Summary; 6) CCPC Transmittal Staff Report; 7) Approved Transmittal Resolution; 8) CP-2013-10 Application Backup Information (petition only) ❑ due to the size of the entire document,the complete back-up is accessible at: http://www.colliergov.net/ftp/AgendaApri12815/GrowthMgmt/PL20130001767 CP-2013 10 Application Petition.pdf 11bcc.edliergov nelldata1GMD-LDSICDES Planning ServiceslComprehensive1COMP PLANNING GMP DATAIComp Plan Amendments12013 Cycles&Small Scale Petitions12013 Cycle 3-October12013.3 Supplemental BCC Adptn docs\Executive Summary-SupplemeniaLdocx dw 54-15/cs 5-14-15 Packet Page-20- 5/26/2015 9.A. EXECUTIVE SUMMARY Recommendation to deny the single, 2013 Cycle 3 Growth Management Plan Amendment specific to the Vincentian Mixed Use Subdistrict petition. (Adoption Hearing) (Companion to rezone petition PUDZ-PL20130001726, Vmcentian Village Mixed Use Planned Unit Development). OBJECTIVE: For the Board of County Commissioners (BCC) to deny (not adopt) the single petition in the 2013 Cycle 3 of amendments to the Collier County Growth Management Plan (GMP) and not to approve said amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • County Resolution 12-234 provides for a public petition process to amend the Collier County GMP. • For this Adoption hearing, the sole petition in the 2013 Cycle 3 of GMP amendments being considered is PL20130001767/CP-2013-10,Vincentian Mixed Use Subdistrict. • The Collier County Planning Commission(CCPC), sitting as the"local planning agency" under Chapter 163.3174, F.S., held its Transmittal hearings for the subject petition on August 21 and September 4, 2014. The BCC held its Transmittal hearing on October 14 and 28, 2014. Their respective transmittal recommendations/actions are contained in the CCPC adoption hearing Staff Report. • The CCPC held its adoption hearing on March 19, 2015. The staff and CCPC adoption hearing recommendations are presented further below. • After review of the Transmitted GMP amendment, the Florida Department of Economic Opportunity (DEO) rendered its Comment Letter indicating "no comment" within the agency's authorized scope of review, as did the Southwest Florida Regional Planning Council (SWFRPC), Florida Department of Agriculture and Consumer Services (DACS), Florida Fish and Wildlife Conservation Commission (FWC), and South Florida Water Management District(SFWMD). The Florida Department of Transportation (FDOT) conducted a planning level analysis and rendered comments within their authorized scope of review. FDOT indicates that the proposed amendment is not anticipated to adversely impact important State transportation resources or facilities, and provided an additional comment regarding FDOT access standards; and, the Florida Department of Environmental Protection (DEP) rendered comments within their authorized scope of review, indicating that the proposed amendment is not anticipated to adversely impact important State resources. The Florida Department of Education (DOE) rendered comments within their authorized scope of review,as follows: Packet Page-21- 5/26/2015 9.A. The Department recommends the changes associated with the proposed amendment CP- 2013-10 be reviewed as required by Section 8 of the Collier County Interlocal Agreement for Public School Facility Planning and School Concurrency before adoption consideration. In response to the DOE Comment, staff notes the Transmittal package of materials was provided to School District representatives and subsequently reviewed in accordance with Interlocal Agreement Section 8. Determinations from their Section 8 review are found in a letter dated January 22, 2015, as attached hereto and summarized below. In accordance with Interlocal Agreement subsection 8.2, Collier County notified the School District of the proposed GMP amendment that may increase school enrollment. In accordance with Interlocal Agreement subsection 14.2, the Collier County School District subsequently conducted the school planning level review per the Collier County Interlocal Agreement for Public School Facility Planning and School Concurrency and responded. The School District response indicates at this time there is sufficient capacity for the proposed development for the elementary, middle and high school levels. This finding is for planning and informational purposes only and does not constitute either (sic) a determination of concurrency for the proposed project. At the time of site plan or plat the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or adjacent concurrency service areas such that the level of service standards are not exceeded The remaining review agency (Florida Department of State, Division of Historical Resources) did not provide a Comments Letter. All review agency Comments Letters /"1 received are contained in the back-up materials. • This adoption hearing considers amendments to the Future Land Use Element (FLUE) text and Countywide Future Land Use Map(FLUM)and Map Series. Note: Because the support materials are voluminous, and some exhibits may be oversized, the Agenda Central system does not contain all of the related documents pertaining to this GMP amendment petition. The entire Executive Summary package, including all support materials, is included in the binder that is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401,Naples. Petition PL20130001767/CP-2013-10 is a petition submitted by Robert J. Mulhere, FAICP, for Global Properties of Naples, LLC requesting amendment to the Future Land Use Element (FLUE)to re-designate the subject site from the Urban Mixed Use District,Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. The Vincentian Subdistrict site comprises 30.7 acres and is located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East), and west of the Hitching Post Mobile Home Park, in Section 32,Township 50 South,Range 26 East. With this re-designation, the property would allow for entirely commercial development, for entirely residential development, or for mixed use (commercial and residential) development. Commercial development is limited to 250,000 square feet of gross floor area, one hotel of up to 150 rooms and an assisted living facility. Commercial uses allowed are the permitted and conditional uses of the C-3 zoning district, plus hotel, dental labs, skilled nursing facilities, and Packet Page-22- 5/26/2015 9.A. department stores from the C-4 Commercial General Zoning District, in the Collier County Land Development Code. Residential development is limited to a maximum of 224 market rate multi- family units. Mixed use development limits commercial intensity to 128,000 square feet of gross floor area, one hotel of up to 150 rooms and an assisted living facility 0 all on no more than 10 acres, and residential density based on 7.3 units per non-commercial acre. The Subdistrict also provides for conversions if the project is developed with a hotel or assisted living facility, automobile fuel pumps accessory to a grocery store or membership warehouse-type facility larger than 15,000 square feet of gross floor area, and a recreational site no greater than 3 acres for use by residents of the adjacent RV or mobile home parks. Note:A companion PUD rezone petition is scheduled for this same hearing. Staff analysis of this petition is included in the Transmittal CCPC Staff Report. There was one public speaker at the CCPC adoption public hearing, who spoke in support of the request. LEGAL CONSIDERATIONS: This GMP amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: (1) consistency with the Comprehensive Plan, including analysis of impact on public infrastructure; (2) consistency with the Land Development Code, including compatibility analysis; and (3) review of data and analysis to support the proposed amendment. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [SAS] FISCAL IMPACT: No fiscal impacts to the County result from this amendment if it is adopted. GROWTH MANAGEMENT IMPACT: This is an adoption public hearing for the single petition in the 2013 Cycle 3 of amendments to the GMP. Based upon statutory changes that occurred during the 2011 Florida Legislative session, this GMP amendment is presumed to be "in compliance" with applicable Florida Statutes. After adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the adoption packages are complete) to review the adopted Plan amendment and, should they believe the amendment is not "in compliance," file a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of BCC adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party,then the amendment will become effective. ENVIRONMENTAL ISSUES: The majority of the subject site is forested with native vegetation. Also on-site are approximately 12.66 acres of jurisdictional wetlands. Wetlands on- site are isolated with no hydrological connection to wetlands or waters of site. No documented occurrences of listed wildlife species or signs of listed wildlife species were observed on the property. The proposed GMP amendment allows for the off-site retention of a portion of the native vegetation required to be retained on the subject property, thus requiring only 15 percent of the native vegetation to be retained on site verse 25 percent, should the property be developed as residential or mixed use. To insure the portion of the preserve can be satisfied off-site, an Packet Page-23- 5/26/2015 9.A. exemption to the LDC provision allowing off site retention of native vegetation has been included in the GMP amendment. HISTORICAL/ARCHAEOLOGICAL IMPACT: According to the Florida Department of State, Division of Historical Resources, no significant archaeological or historical sites are recorded for or likely to be present within, the subject area, and that it is unlikely that any such sites will be affected. The property is subject to the requirement for accidental discovery of archaeological or historical sites as required by the CCME and LDC. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition PL20130001767/CP-2013-10 to the BCC with a recommendation not to adopt and transmit to the Florida Department of Economic Opportunity and reviewing agencies that provided comments. IF the Planning Commission chose to recommend adoption, staff recommended revisions to portions of the Subdistrict text to remove an unnecessary intensity standard for the hotel use no longer contained in the LDC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission, also acting in their capacity as the Environmental Advisory Council (EAC), held its required Adoption public hearing on March 19, 2015. At that hearing, the petitioner proposed several changes for clarification, to which staff recommended minor edits. The CCPC recommended that the BCC adopt petition CP-2013-10, including the petitioner-proposed changes and staff-recommended revisions (vote: 5/0). The CCPC- recommended text is reflected in Exhibit A to the Adoption Ordinance, and is shown below. Words underlined are added-as approved for transmittal by BCC; Words double underlined are added,words are deleted—both as recommended for adoption by CCPC. 17. Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30.68 acres, is located on the south/west side of Tamiami Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood. community, and regional commercial development; residential development; and mixed use (commercial and residential) development. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan, residential development shall be limited to market-rate units so as to avoid the concentration of affordable housing in one location in the County. The property may be developed entirely as commercial, entirely as residential, or as a mixture of residential and commercial uses. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: a. Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the C-3 zoning district, both by right and by conditional use, as listed in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict. Additionally., the following uses are allowed: Packet Page-24- 5/26/2015 9.A. 1. Department store (5311), 2. Hotel (7011,hotel only), 3. Dental laboratories (8072), and 4. Nursing and personal care facilities (8051). b. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), awl one hotel (maximum FAR ^ 6 a_a a of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereoftof hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre. 2. Residential development shall be limited to a maximum density of 7.3 units per acre., calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi-family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, ao4 a 150-room hotel `o zgi oo ", and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof., of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre. 4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited; however, accessory fuel pumps in association with a grocery store ISIC 5411)or membership warehouse type facility I SIC 5311, 5331) greater than 15,000 square feet of GFA are allowed. 5. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse, and tennis courts. c. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2. The subject site will be developed with a common architectural and landscaping theme, to be submitted with the first Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect, ;a rx oiu t tf internal connectivity through shared parking and cross-access agreements. 4. Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 5. At the time of Site Development Plan approval, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1(13) of the Conservation and Coastal Packet Page-25- 5/26/2015 9.A. Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC — Not to adopt and transmit petition PL20130001767/CP-2013-10, as submitted or as revised at the CCPC meeting, to the Florida Department of Economic Opportunity. Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department Attachments: 1) CCPC Adoption Staff Report; 2)Adoption Ordinance with Exhibit "A" text and maps; 3) DEO and Reviewing Agency Comment Letters; 4) Transmittal Executive Summary; 5) CCPC Transmittal Staff Report; 6)Approved Transmittal Resolution; 7) CP-2013-10 Application Backup Information (petition only) ❑ due to the size of the entire document, the complete back- up is accessible at: http://www.col1iergov.net/ftp/At?endaApri128 15/GrowthMumt/PL20130001767 CP-2013- 10 Application Petition.pdf. Executive Summary Adoption 2013 Cycle 3 Global Properties Vincentian Subdistrict cs/dw 11bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12013 Cycles & Small Scale Petitions12013 Cycle 3-October12013.3 BCC Adoption\2013.3 Cycle GMPA_Adptn Exec Summ_FNL.docx Packet Page-26- 5/26/2015 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to deny the single, 2013 Cycle 3 Growth Management Plan Amendment specific to the Vincentian Mixed Use Subdistrict petition. (Adoption Hearing) (Companion to rezone petition PUDZ-PL20130001726, Vincentian Village Mixed Use Planned Unit Development) Meeting Date: 4/28/2015 Prepared By Name: SchmidtCorby Title: Planner,Principal, Comprehensive Planning 3/30/2015 12:55:43 PM Submitted by Title: Planner, Principal, Comprehensive Planning Name: SchmidtCorby 3/30/2015 12:55:44 PM Approved By Name: WeeksDavid Title: Manager-Planning, Comprehensive Planning Date: 4/7/2015 1:34:53 PM Name: BosiMichael Title: Division Director-Planning and Zoning, Comprehensive Planning Date: 4/10/2015 8:02:22 AM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 4/10/2015 4:05:11 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 4/14/2015 3:55:02 PM Packet Page-27- 5/26/2015 9.A. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/15/2015 8:02:55 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2015 1:47:46 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 4/15/2015 1:59:30 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/16/2015 10:46:38 AM Packet Page -28- 5/26/2015 9.A. ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL, AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT, AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30.68±ACRES, [PL20130001767/CP-2013-10] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA on behalf of Global Properties, LLC, have initiated this amendment to the Future Land Use Element and Future Land Use Map and Map Series; and [14-CMP-00931/1179815/1] 180 1 PL20130001767/CP-2013-10—rev. 5/14/15 Words underlined are additions;Words struck-threug#are deletions *** *** *** *** are a break in text Packet Page -29- 5/26/2015 9.A. WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 10, 2014, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on March 19, 2015, and the Collier County Board of County Commissioners held on April 28, 2015 and May 26, 2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendment to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan [14-CMP-00931/1179815/1] 180 2 PL20130001767/CP-2013-10-rev. 5/14/15 Words underlined are additions;Words strusk-tilr-eugh are deletions *** *** *** *** are a break in text Packet Page -30- 5/26/2015 9.A. amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by 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: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko \r° Managing Assistant County Attorney Attachment: Exhibit A—Text and Maps [14-CMP-00931/1179815/1] 180 3 PL20 1 3 000 1 767/CP-2013-10—rev.5/14/15 Words underlined are additions; Words struck through are deletions *** *** *** *** are a break in text Packet Page -31- 5/26/2015 9.A. PL20130001767 CP-2013-10 EXHIBIT "A" FUTURE LAND USE ELEMENT '— [Page 10] Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed-Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed-Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Livingston/Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict 17. Vincentian Mixed Use Subdistrict [Page 26] 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston RoadNeterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. 1 Words underlined are added; words strtuck-throug#are deleted. Row of asterisks (**** **** ****)denotes break in text. j of 26 Mav 7(115 B(;(:Ad-Infirm VarSion Page Packet Page -32- 5/26/2015 9.A. PL20130001767 CP-2013-10 [Page 46] 17. Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30.68 acres, is located on the south/west side of Tamiami Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood, community, and regional commercial development; residential development; and mixed use (commercial and residential) development. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. The property may be developed entirely as commercial, entirely as residential, or as a mixture of residential and commercial uses. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: a. Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the C-3 zoning district, both by right and by conditional use, as listed in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict. Additionally, the following uses are allowed: 1. Department store (5311), 2. Hotel (7011, hotel only), 3. Dental laboratories (8072), and 4. Nursing and personal care facilities (8051). b. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms). and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereof, of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre. 2. Residential development shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi-family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet, or portion thereof for fractional amount under an acre. 4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited; however, accessory fuel pumps in association with a grocery store (SIC 5411) or membership warehouse type facility (5311, 5331) greater than 15,000 square feet of GFA are allowed. 5. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse, and tennis courts. 2 Words underlined are added; words struck through are deleted. Row of asterisks(**** **** ( ) denotes break in text. 2s Page of Packet Page-33- , ,. ,y�„ 5/26/2015 9.A. PL20130001767 c. Site Development: 1 Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2. The subject site will be developed with a common architectural and landscaping theme, to be submitted with the first Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect internal connectivity through shared parking and cross-access agreements. 4. Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 5. At the time of Site Development Plan approval, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1(13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. **** **** **** **** **** **** **** **** **** **** **** [Page 141] Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Mixed Use Subdistrict Map 3 Words underlined are added; words stfask4Intratkp are deleted. Row of asterisks(**** **** ****) denotes break in text. 26 a-..'^"oar t Packet Page -34- Page O l 5/26/2015 9.A. EXHIBIT A PETITION PL20130001767/CP-2013-10 Di� VINCENTIAN MIXED USE SUBDISTRICT COLLIER COUNTY, FLORIDA �`', ' ' ' sr/ 1 " s E /;/ / ti : _ r 11-P iii,1 , a \ litVII` \\ ill ---: • ! L � l . i I I ' il i I i i Iii i I 1 '! 1 \ 0 .....* 4 ..4,„,, 44,,,,,.„,„„ , „... , ,,,,, ....„ ki.:00„,4001,,,e ,,,,,,, /,--/----,,,N ..,,,,,---c\ ,,, 10,2ot., 0 7 \ , ,,, .„, , r 4 r 40 / ,\,,,,„:.,„, -,,,-..,,, ,, , ,,,,,..„,,,, , \ / ,--, ,,,,,,,,,>,, . , 1,,,,,,,,,,, ./..., , .... ..,, ....,,i.,...,„,,, „,:., . , „..., ,„,t., ,,,,,,(_,,,,,,,Y,,,, ,,,:„...,, , ,,,,,„..., ,,r�I, o,•, ,, < , ,, , ,. Nom``` .... \ 1:-.,‹ .-7...„, \,,,, -: ,:,..?s,-,-,',, NN ,,,A, '"-:, .// ,. !' i !(� Iii \. � \\,,7„,%., i` a /,, il 'S tP LEGEND 1 1 SCAALE ff `\�`\ SUBDISTRICT f I i PREPARED BY: GIS/CAD YAPPING SECTION 0 1000 FT. 2000 FT. 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''- .,< .it:..r !a 5 ig.g . te,w ''' Lal 6Iii it 5 5 ei 1 SOW 7. 1110r ''''''' .-M-.-,-.-".*-,7'11,"'t-,-,M I-,•-I A\Ear 0 o D' 1 ,-•,,,4"_'',"-',,-..-S--,i- J.P* .t-.e.. ....;,F ..1 taz , —- ,A g• S ZS 1 S C9 1 5 et 1 S /1, 1 S of 1 Packet Page -36_ i s IS 1 ... . ..) Page .5 of...I.E. 5/26/2015 9.A. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: MARCH 19, 2015 SUBJECT: 2013 CYCLE THREE, SINGLE GROWTH MANAGEMENT PLAN AMENDMENT (ADOPTION HEARING) ELEMENT: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP AND MAP SERIES Transmittal hearings on the subject amendment were held on August 21 and September 4, 2014 Collier County Planning Commission (CCPC), and on October 14 and 28, 2014 Board of County Commissioners (BCC). The respective Transmittal recommendations/actions are presented further below, following the petition number and title. Within CCPC materials provided you will find the Transmittal Executive Summary from the BCC hearings and certain attachments referenced therein, plus the Transmittal CCPC staff report for the petition, which provides staff's detailed analysis of the petition. REVIEW AGENCY COMMENT LETTERS After review of the Transmitted GMP amendment, the Florida Department of Economic Opportunity (DEO) rendered its Comment Letter indicating "no comment" within the agency's authorized scope of review, as did the Southwest Florida Regional Planning Council (SWFRPC)], Florida Department of Agriculture and Consumer Services (DACS), Florida Fish and Wildlife Conservation Commission (FWC), and South Florida Water Management District (SFWMD). The Florida Department of Transportation (FDOT) conducted a planning level analysis and rendered comments within their authorized scope of review. FDOT indicates that the proposed amendment is not anticipated to adversely impact important State transportation resources or facilities, and provided an additional comment regarding FDOT access standards; and, the Florida Department of Environmental Protection (DEP) rendered comments within their authorized scope of review, indicating that the proposed amendment is not anticipated to adversely impact important State resources. The Florida Department of Education (DOE) rendered comments within their authorized scope of review, as follows: The Department recommends the changes associated with the proposed amendment CP- 2013-10 be reviewed as required by Section 8 of the Collier County Interlocal Agreement for Public School Facility Planning and School Concurrency before adoption consideration. In response to the DOE Comment, staff notes the Transmittal package of materials was provided to School District representatives and subsequently reviewed in accordance with - 1 - STAFF REPORT ON 2013 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT (ADOP7IONHEARING) Packet Page -37- 5/26/2015 9.A. Interlocal Agreement Section 8. Determinations from their Section 8 review are found in a letter dated January 22, 2015, as attached hereto and summarized below. In accordance with Interlocal Agreement subsection 8.2, Collier County notified the School District of the proposed GMP amendment that may increase school enrollment. In accordance with Interlocal Agreement subsection 14.2, the Collier County School District subsequently conducted the school planning level review per the Collier County Interlocal Agreement for Public School Facility Planning and School Concurrency and responded. The School District response indicates at this time there is sufficient capacity for the proposed development for the elementary, middle and high school levels. This finding is for planning and informational purposes only and does not constitute either a determination of concurrency for the proposed project. At the time of site plan or plat the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or adjacent concurrency service areas such that the level of service standards are not exceeded. The Comments Letters received are located within materials provided to the CCPC. The remaining reviewing agency, Department of State, Bureau of Historic Preservation, did not provide a Comment Letter. Within CCPC materials provided is an Ordinance with Exhibit "A" text and maps for the petition; those exhibits reflect the FLUE text and maps as approved by BCC for Transmittal. PROPOSED AMENDMENT PETITION CP-2013-10 / PL2013-0001767, requesting amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to re-designate the subject site from the Urban Mixed Use District, Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. The subject property, consisting of±30.68 acres, is located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East), and west of the Hitching Post Mobile Home Park, in Section 32, Township 50 South, Range 26 East, Collier County, Florida. This petition seeks to establish the Vincentian Mixed Use Subdistrict to allow for entirely commercial development, for entirely residential development, or for mixed use (commercial and residential) development. Commercial development is limited to 250,000 square feet of gross floor area, one hotel of up to 150 rooms and an assisted living facility. Commercial uses allowed are the permitted and conditional uses of the C-3 zoning district plus hotel, dental labs, skilled nursing facilities, and department stores. Residential development is limited to a maximum of 224 market rate multi-family units. Mixed Use development limits commercial intensity to 128,000 square feet of gross floor area, one hotel of up to 150 rooms and an assisted living facility on no more than 10 acres, and residential density based on 7.3 units per non-commercial acre. The Subdistrict also provides for conversions if the project is developed with a hotel or assisted living facility, for automobile fuel pumps accessory to a grocer or membership warehouse-type facility larger than 15,000 square feet of gross floor area and, for a recreational site for use by residents of the adjacent RV or mobile home parks. Note: A companion PUD rezone petition is scheduled for this same hearing. TRANSMITTAL STAFF RECOMMENDATION: Not to Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 4/2), with the density reduction [from 11.74 DU/ac. to 10.0 DU/ac.] and with further modification of the amendment to reduce the maximum number of dwelling units from 360 to 307 DU, remove maximum building heights from Subdistrict provisions, calculate residential density on non-commercial acreage only, prohibit affordable-workforce housing, reduce commercial intensity from the initially proposed C-5 - 2 - STAFF REPORT ON 2013 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT (ADOPIIONHEARING) Packet Page-38- 5/26/2015 9.A. commercial uses to C-3 and other additional specific uses, prohibit a stand-alone automobile fuel station and, introduce conversion factors for certain uses. BCC ACTION: Transmitted to DEO (vote: 4/1), with the density reduction [from 10.0 DU/ac. to 7.3 DU/ac. for a maximum 224 DU total] and with further modification of the amendment to reduce the number of additional specific commercial uses allowed. ADOPTION STAFF RECOMMENDATION: That the CCPC forward the single, 2013 Cycle 3 petition to the BCC with a recommendation not to adopt and transmit to the Florida Department of Economic Opportunity and reviewing agencies that provided comments. IF the Planning Commission chooses to recommend adoption, staff recommends the following revisions to portions of the Subdistrict text to remove an unnecessary intensity standard for the hotel use no longer contained in the LDC. [Words underlined are added —as Transmitted; Words double underlined are added, and words double c44tak=t44paiagiq are deleted—as recommended by staff] 17. Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30.68 acres, is located on the south/west side of Tamiami Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood, community, and regional commercial development; residential development; and mixed use (commercial and residential) development. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan. residential development shall be limited to market-rate units so as to avoid the concentration of affordable housing in one location in the County. The property may be developed entirely as commercial, entirely as residential, or as a mixture of residential and commercial uses. **** **** **** **** **** **** **** **** **** **** **** b. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), and one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet. 2. Residential development shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi-family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128.000 square feet of GFA of commercial uses, and a 150-room hotel and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet. **** **** **** **** **** **** **** **** **** **** **** LEGAL CONSIDERATIONS This staff report has been approved as to form and legality by the Office of the County Attorney. [HFAC] - 3 - STAFF REPORT ON 2013 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT(ADOPTION HEARING) Packet Page-39- 5/26/2015 9.A. PREPARED BY: C , DATE: - tck i5 CORBY SCH IDT,AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: • DATE: — DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: 2- 2 s f f"" MIKE BOSI,AICP, ID R CTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY: DATE: NICK'CASALAIGUIDA,ADMINISTRATOR GROWTH MANAGEMENT DIVISION 2013 Cycle 3 GMPA—Adoption (petition CP-2013-10/PL2013-0001767). Staff Report for the March 19, 2015, CCPC Meeting. NOTE: This single petition 2013.3 Cycle GMPA has been scheduled for the April 28, 2015, BCC Meeting. -4 - STAFF REPORT ON 2013 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT(ADOPTION HEARING) Packet Page-40- 5/26/2015 9.A. •��h4�ur{�p�G OFFICE OF THE COMMISSIONER G = THE CAPITOL (850)617-7700 0 r:- -.= �'. i 400 SOUTH MONROE STREET 7 \\\ r ' TALLAHASSEE,FLORIDA 32399-o800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAMvi December 10, 2014 VIA EMAIL(davidweeks @colliergov.net) Collier County Growth Management Division Attn: David Weeks 2800 N. Horseshoe Drive Naples, Florida 34104 Re: DACS Docket#--20141117-484 Collier County CP-2013-10/PL20130001767 Submission dated November 10,2014 Dear Mr.Weeks: The Florida Department of Agriculture and Consumer Services(the"Department") received the above- referenced proposed comprehensive plan amendment on November 17, 2014 and has reviewed it pursuant to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural, aquacuitural,or forestry resources in Florida if the proposed amendment(s) are adopted. Based on our review of your county's submission, the Department has no comment on the proposal. If we may be of further assistance, please do not hesitate to contact me at 850-410-2289. Sincerely, 191 Stormie Knight Sr. Management Analyst I Office of Policy and Budget cc: Florida Department of Economic Opportunity (SLPA#: Collier County 14-5 ESR) =tFr^ Fresh-- 1-800-HELPFLA Fir+rlrla www,FreshFromFlorida.com Packet Page-41- 5/26/2015 9.A. ("717 Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR ,^ FLORIDA DEPARTMENT,r ECONOMIC OPPORTUNITY December 10, 2014 The Honorable Tom Henning, Chairman Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, Florida 34112-5746 Dear Chairman Henning: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for Collier County (Amendment No. 14-5ESR), which was received on November 12, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The County is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the County. If other reviewing agencies provide comments, we recommend the County consider appropriate changes to the amendment based on those comments. If unresolved, such reviewing agency comments could form the basis for a challenge to the amendment after adoption. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments,the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. florid))t)cpa.rtment of 1-,,conomic Opportunity Caldwell Building 107 Madison Street Tallahassee. FL 32399 866.11-'1.2345 850.245.7105 850.921.:3223 Fax www.tlorid:iob.s.o1 www.rwittct.com/}^1,1)1..0 ! www.tacccbook.com/FIDEO Packet Page -42- The Honorable Tom Henning, i 5/26/2015 9.A. December 10, 2014 Page 2 of 2 If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, at (850) 717-8510, or by email at scoff.rogersPdeo.myflorida.com. Sincerely, Ana Richmond, Chief Bureau of Community Planning AR/sr Enclosure: Procedures for Adoption cc: Michael Bosi, Director, Collier County Planning & Zoning Department Margaret Wuerstie, Executive Director, Southwest Florida Regional Planning Council Packet Page-43- 5/26/2015 9.A. SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF)to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State;the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name,title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. 1 Effective:June 2, 2011(Updated March 11, 2013) Packet Page-44- 5/26/2015 9.A. From: Stahl, Chris [mailto:Chris.Stahl @dep.state.fl.us] Sent: Monday, December 01, 2014 1:57 PM To: WeeksDavid Cc: Craig, Kae; DEO Agency Comments Subject: Collier County 14-5ESR— Proposed [CP-2013-10, Vincentian] To: David Weeks, Growth Management Plan Director Re: Collier County 14-5ESR—Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes.The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities,specifically: air and water pollution;wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements;solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please feel free to contact me with any questions. Chris Stahl Office of Intergovernmental Programs Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 47 Tallahassee, FL 32399-3000 (850)245-2169 fi. Customer Service Survey DEP Transmittal Review Comments 12-1-14 G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA Comp Plan Amendments12013 Cycles&Small Scale Petitions12013 Cycle 3- October12013.3 Letters to or from DEO_State-Trans&Adopt dw/12-1-14 Packet Page -45- FLORIDA DEPARTMENT OF 5/26/201 rJ 9.A. ler—State Board of Education IL, E D U CAT I O N Pam Stewart Commissioner of Education Gary Chartrand,Chair John R.Padget,Vice Chair Members Ada G.Armas,M.D. John A.Colon Marva Johnson Rebecca Fishman Lipsey Andy Tuck December 4, 2014 Mr. David Weeks, AICP, Growth Management Plan Manager Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, Florida 34104 Via E-mail: davidweeks(acolliergov.net Re: Collier County 14-5 ESR Dear Mr. Weeks: On November 14, 2014, the Department of Economic Opportunity (DEO) notified me of its receipt of the Collier County proposed 14-5ESR comprehensive plan amendment. Because the county did not provide a copy to the Florida Department of Education, I accessed the proposed amendment package through the DEO's online plan amendment archive, Florida PAPERs. According to the department's responsibilities under section 163.3184(3)(b), Florida Statutes, I reviewed the amendment package considering the provisions of chapter 163, part II, F.S., and to determine whether the proposal, if adopted, would have the potential to create adverse effects on public school facilities. The amendment relates to petition PL2013001767/CP-2013-10, which proposes an amendment of the future land use element text and map to establish the Vincentian Mixed-Use District. Although the application and staff report assert that there are no effects on public school facilities, the proposal's intent to permit up to an additional 307 residential dwellings appears to have the potential to increase demands for public school capacity, and thus must be analyzed for such effects. Given this, I contacted Amy Lockhart, AICP, with the Collier County Public Schools, to request an analysis. Because she had not received the proposed amendment, she was not able to provide one. Prior to considering adoption of the amendment, the county and the applicant should complete the school planning level review required by section 8 of the Collier County Interlocal Agreement for Public School Facility Planning and School Concurrency. If the planning level review indicates that a planning solution is necessary to address any estimated deficit, the county should revise the amendment to adopt an appropriate solution. Thomas H.Inserra Director,Office of Educational Facilities 325 W.Gaines Street,Suite 1 Packet Page-46-32399-0400 1 850-245-0494 ©2014,Florida Department of Education.All Rights Reserved. 5/26/2015 9.A. Mr. David Weeks, AICP December 4, 2014 Page Two Section 163.3184(1), F.S., defines the department as a reviewing agency to receive comprehensive plan amendments that relate to public schools. It has been my understanding that amendments that relate to public schools include those that propose an increase in residential density(whether by text or map amendment),propose a change in land use proximate to an existing or future public school site or to accommodate a future school, or propose policy revisions that would affect intergovernmental coordination with the school district regarding public educational facilities. Please direct such future amendments to my attention at the letterhead address. If you prefer to save the costs of copying and mailing amendments, I would welcome transmittal via e-mail to the address listed below. If you have questions about this letter, or if I may be of assistance,please contact me at 850-245- 9312 or tracy.suber(aifldoe.org. Sin erely, / 'e.1 At Tracy i►,. Suber Growth Management and Facilities Policy Liaison TDS/ cc: Ms. Amy Lockhart, AICP, Collier County Public Schools Ms. Brenda Winningham, DEO/State Land Planning Agency Mr. Scott Rogers, DEO/State Land Planning Agency Packet Page-47- 5/26/2015 9.A. Florida Department of Transportation RICK SCOTT 10041 Daniels Parkway ANANTH PRASAD,P.E. GOVERNOR Fort Myers,FL 33913 SECRETARY November 25, 2014 Mr. David. Weeks, AICP Growth Management Plan Manager Collier County Growth Management Division/Planning &Regulation Planning&Zoning Department Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Collier County 14-5ESR Proposed Comprehensive Plan Amendment (Expedited State Review Process)—FDOT Comments and Recommendations Dear Mr. Weeks: The Florida Department of Transportation (FDOT), District One, has reviewed the Collier County 14-5ESR, Proposed Comprehensive Plan Amendment, transmitted under the Expedited State Review process (transmitted by the Board of County Commissioners on October 28, 2014) in accordance with the requirements of Florida Statutes (F.S.) Chapter 163. The Department offers Collier County the following comments and recommendations for your consideration regarding the proposed amendment. CP-2013-10 (Text and Map Amendment): The subject site comprises 30.7 acres, lies within the Coastal High Hazard Area (CHHA), and is generally located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East), and west of the Hitching Post Mobile Home Park in Collier County, Florida. The comprehensive plan amendment proposes to amend the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and Map Series of the Growth Management Plan (GMP) to introduce a new Subdistrict and to re-designate the subject site from the Urban Mixed Use District (UMUD), Urban Coastal Fringe Subdistrict (UCFS) to the Vincentian Mixed. Use Subdistrict (VMUS). The subject property(Vincentian project) was initially approved as a Planned Unit Development (PUD) per Collier County Ordinance 99-37. The approved Vincentian PUD includes 57,500 square feet of commercial uses, 57,500 square feet of general office and 40 single family residential dwelling units, which would result in 447 p.m. peak hour trips (after the reduction of the internal capture and pass-by trips). v r xx/xxr tint etaln fl nc Packet Page-48- 5/26/2015 9.A. Mr. David Weeks Collier County 14-5ESR—FDOT Comments and Recommendations November 25,2014 Page 2 of 5 Based on the information provided in the traffic study and the staff report, the proposed Vincentian PUD Amendment will continue to develop as a mixed-use commercial project. The proposed land-use includes 190,000 square feet of commercial uses, a hotel (100 rooms) and 57,500 square feet of general office, which would result in 851 p.m. peak hour trips (after the reduction of the internal capture and pass-by trips). As indicated in the following tables, the proposed development could result in a net increase of 404 p.m. peak hour trips. TRIP GENERATION AS PROPOSED ITE Size of Development Land Use Land PM Scenario Acres Allowed Peak Designation Use Code Development Trips SF 210 40 DU's 46 Residential General 710 30.7 57,500 sf 143 Office Shopping 820 57,500 sf 413 Center Existing Internal Capture Trips 58 Pass-By Trips'- 97 Total(Existing Condition) 447 Hotel 310 100 Occ. 70 Rooms General 710 30.7 57,500 sf 143 Office Shopping 820 19(1,000 sf 921 Center Proposed Internal Capture Trips 60 Pass-By Trips- 223 Total(Proposed Condition) 851 Change in Trips +404 1. Trip generation based on the rates and equations obtained in the I7E Trip Generation Manual (9th Edition). 2. A pass by rate arras limited to a maximum of 25% of the trips generated by the shopping center, per Collier County TIS Guidelines and Procedures. As seen in the following tables, a planning level analysis was prepared to establish whether state roadways in the vicinity of the project will operate at their adopted level of service (LOS) www.dot.state.fl.us Packet Page -49- 5/26/2015 9.A. Mr. David Weeks Collier County 14-5ESR—FDOT Comments and Recommendations November 25,2014 Page 3 of 5 standards, as identified within the Collier County's comprehensive plan during the existing (2013), short-term (2019). and long term (2035)horizon year conditions. YEAR 2013 EXISTING ROADWAY CONDITIONS 2013 Conditions From To SIS? County LOS Roadway Std. Service' PM Peak No.of Lanes Volume Hour\'ol. LOS Acceptable? CR 864; US 41 Rattlesnake Tree Tops N E 6 5.660 3.105 C Yes Hammock Rd. Dr. CR US 41 Tree Tops Dr. 951;Collier N E 6 5,660 2,520 C Yes Blvd. North of SR 951 Championship US 41 N D 4 3,759 2,565 C Yes Dr. 1. PM Peak Hour Two-Way Service Volume at the County Adopted LOS Standard. YEAR 2019 SHORT-TERM HORIZON ROADWAY CONDITIONS 2019 Conditions Roadway From To No.of Service' 20192 Project-; Project Total o Background u LOS Acceptable, Lanes Volume Traffic Dist./o Traffic Traffic CR 864; US 41 Rattlesnake TreDf Tops 6 5,660 3,474 60% 242 3.716 C Yes Hammock Rd CR US 41 Tree Tops Dr. 951/Collier 6 5.660 2,826 35% 141 2,967 C Yes Blvd North of SR 951 Championship US 41 4 3,759 2,871 10% 40 2,911 C Yes Dr. 1. PM Peak Hour Two-Way Service Volume at the County Adopted LOS Standard. 2. The short-term planning horizon year 2019 background volumes were obtained using trends analysis based growth rates. 3. The project traffic distribution percentages were obtained based on the information provided in the traffic study. www.dot.state.flus Packet Page-50- 5/26/2015 9.A. Mr. David Weeks Collier County 14-SESR—FDOT Comments and Recommendations November 25,2014 Page 4 of 5 YEAR 2035 LONG-TERM HORIZON ROADWAY CONDITIONS 203.5 Conditions Roadway From To No.of Service' 203.52 Project3 Project Total Background LOS Acceptable? Lanes Mu me Dist,% Traffic Traffic Traffic CR 864/ US 41 Rattlesnake Tree Tops 6 5,660 4,473 60% 242 4,715 C Yes Hammock Rd CR US 41 Tree Tops Dr. 951/Collier 6 5,660 3,627 35% 141 3,768 C Yes Blvd North of SR 951 Championship US 41 4 3,759 3,690 10% 40 3,730 D Yes Dr. 1. PM Peak Hour Two-Way Service Volume at the County.Adopted LOS Standard. 2. The long-term planning horizon year 2035 background volumes were obtained using trends analysis based growth rates. 3. The project traffic distribution percentages were obtained based on the information provided in the traffic study. FDOT Comment# 1: The Department has determined that the changes associated with the proposed amendment CP-2013-10 are not anticipated to adversely impact important state transportation resources or facilities. FDOT Comment#2: The subject property is located along the west side of US 41. Any access to US 41 will be subject to FDOT permitting process as described in Rule 14-96 FAC. The FDOT may require that the applicant provide mitigation for any such impacts as a condition of a permit. The FDOT Access Management standard for US 41 is access class 3 from CR 864/Rattlesnake Hammock Road (M.P. 15.834) to Joseph Lane (M.P. 23.188). The FDOT standards for access class 3 require a minimum spacing of 2,640 feet (one half of a mile)for signals and full median openings, 1,320 feet (one quarter of a mile)for directional median openings, and 660 feet (one eighth of a mile) between access points for any single parcel, at posted speed limits greater than 45 MPH. www.d ot.state.fl.u s Packet Page -51- 5/26/2015 9.A. Mr. David Weeks Collier County ]4-5ESR—FDOT Comments and Recommendations November 25,2014 Page 5 of5 Thank you for providing FDOT with the opportunity to review and comment on the proposed amendment. If you have any questions please free to contact me at (239) 225-1981 or sarah.catala@dot.state.fl.us. Sincerely, Scs. Sarah Catala SIS/Growth Management Coordinator FDOT District One CC: Mr. Ray Eubanks, Florida Department of Economic Opportunity www.dot.state.fLus Packet Page -52- 5/26/2015 9.A. From: Hight, Jason [mailto:Jason.Hight @MyFWC.com] Sent: Monday, November 24, 2014 3:45 PM To: DCPexternalagencycomments; WeeksDavid Cc: Wallace, Traci; Chabre, Jane; Poole, Mary Ann Subject: Collier County 14-5ESR (CP-2013-10) Mr. Weeks: Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to fish and wildlife or listed species and their habitat to offer on this amendment. If you need any further assistance,please do not hesitate to contact Jane Chabre either by phone at (850)410-5367 or at FWCConservationPlanningServices(a MyFWC.com. If you have specific technical questions, please contact Mary Ann Poole at (850) 488-8783 or by email at maryann.poole aMyFWC.com. Sincerely, Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation 620 S. Meridian Street, MS 5B5 Tallahassee, FL 32399-1600 (850) 228-2055 FFWCC Transmittal Review Comments 11-24-14 G:ICDES Planning Services\Comprehensive ICOMP PLANNING GMP DATA\Comp Plan Amendments12013 Cycles&Small Scale Petitions12013 Cycle 3- October12013.3 Letters to or from DEO_State-Trans&Adopt dw/11-24-14 Packet Page-53- 5/26/2015 9.A. ��K'rR SOUTH FLORIDA WATER MANAGEMENT DISTRICT SJy l��oso, Pi16l4i^1-y December 4, 2014 Nick Casalanguida, Administrator Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Subject: Collier County, DEO #14-5ESR Comments on Proposed Comprehensive Plan Amendment Package Dear Mr. Casalanguida: The South Florida Water Management District (District) has completed its review of the proposed amendment package from Collier County (County). The amendment creates the Vincentian Mixed Use Subdistrict by adding policies and changing the land use designation on a 30.7 acre parcel. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the County and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. For assistance or additional information, please contact Deborah Oblaczynski, Policy and Planning Analyst, at (561) 682-2544 or doblaczvasfwmd.gov. Sincerely, 0Q-- Lei Dean Powell Water Supply Bureau Chief DP/do c: Ray Eubanks, DEO Deborah Oblaczynski, SFWMD David Weeks, AICP, Collier County Brenda Winningham, DEO Margaret Wuerstle, SWFRPC n 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WAT51-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • www.sfwmd.gov Packet Page-54- 5/26/2015 9.A. e.e,•••••.'".'"....-C4.:[::: 4.■! i ,-, ---.------`‘ i • I , ..' • 1926 Victoria Avenue I Fort Myers,FL .i ,, , r... P:239.338.2550 F.!239.33825601 ,...—. . -.., wiruAvitwtron.ego Si '41,,, 76,G cf "J.: 41,100, --,s., tif.s•AtAt Sel'" December 18.2014 Mr, D. Ray Eubanks Administrator Plan Review and Processing Department of Economic Opportunity 107 East Madison Street—MSC 160 Tallahassee. Florida 323994120 Re Collier County / DEO 14-5ESR Dear Mr. Eubanks: The staff of the Southwest Florida Regional Planning Council has reviewed the requested amendments to the Collier County Growth Management Plan (GMP). The review was performed according to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. The Council will review the proposed amendments to the Collier County GMP at its January 15, ,-.....„ 2015 meeting. Council staff has recommended that Council find the changes described in CP- 2013-10/PL20130001767 as not regionally significant. and consistent with the Strategic Regional Policy Plan (SRPP). Council staff has recommended that the Council find that the requested changes do not produce adverse effects to significant regional resources and support the recommendation of the Collier County Emergency Management requiring that the developer provide a one-time developer contribution of a generator to mitigate impact far hurricane evacuation concerns. The generator as specified by the Collier County Emergency Management allows far additional evacuee capacities at various shelter(s) that can be used based on the storm factors associated with development in the Coastal High Hazard Area (CHHA). Council staff also recommended that Council find that the requested changes do not produce adverse effects to facilities found in the SRPP and that the proposed changes do not produce extra-jurisdictional impacts that are inconsistent with the comprehensive plans of any other local government A copy of the official staff report explaining the Council staffs recommendation is attached. if Council action differs from the staff recommendation,we will notify you. Sincerely, (-Aouthwest Florida Regio.al Planning Council A/ I ' i MargarcIiuersi1e. Ai C P Executix. irector MW/MAD Attachment Cc: Nick Casalanguida_Administrator,Growth Management Division,Collier County Packet Page -55- 5/26/2015 9.A. LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed proposed changes to the Collier County Growth Management Plan DEO 14-5ESR. The changes were developed as a result of the 2013 Cycle 3 Growth Management Plan amendments. A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I. Comments are provided in Attachment II. Site location maps can be reviewed in Attachment III. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location—in or near a regional resource or regional activity center, such that it impacts the regional resource or facility; on or within one mile of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude—equal to or greater than the threshold for a Development of Regional Impact of the same type (a DRI-related amendment is considered regionally significant); and 3. Character—of a unique type or use, a use of regional significance, or a change in the local comprehensive plait that could he applied throughout the local jurisdiction; t•-■ updates, editorial revisions.etc. are not regionally significant. A summary of the results of the review follows: Proposed Factors of Regional Significance Amendment Location Maanitude Character Consistent DEO 14-5ESR no no no (1)not regionally significant; and (CP-2013-10/ PL20130001767)) (2)consistent with SRPP RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Economic Opportunity- and Collier County. 1/15 ■-"\ Packet Page -56- 'V'6 S 1.OZ/9Z/S Attachmet COMMUNITY PLANNING ACT Local Government Comprehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future Land Use Element; 2. Traffic Circulation Element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [93-5.019(1),FAC] 3. General Sanitary Sewer, Solid Waste, Drainage, and Potable Water and Natural Groundwater Aquifer Recharge Element; 4. Conservation Element; _ 5. Recreation and Open Space Element; 6. Housing Element; 7. Coastal Management Element for coastal jurisdictions; 8. Intergovernmental Coordination Element; and 9. Capital Improvements Element. The local government may add optional elements (e. g., community design, redevelopment, safety,historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County,Punta Gorda Collier County, Everglades City,Marco Island,Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County,Bonita Springs, Cape Coral, Fort Myers,Fort Myers Beach, Sanibel Sarasota County, Longboat Key,North Port, Sarasota, Venice Page I -�5-a; ed la)13ed 5/26/2015 9.A. Attachment Comprehensive Pian Amendments A local government may amend its plan at any time during the calendar year. Six copies of the amendment are sent to the Department of Economic Opportunity (DEO) for review. A copy is also sent to the Regional Planning Council, the Water Management District, the Florida Department of Transportation, and the Florida Department of Environmental Protection. The proposed amendments will be reviewed by DEO in two situations. In the first,there must be a written request to DEO. The request for review must be received within forty- five days after transmittal of the proposed amendment Reviews can be requested by one of the following: • the local government than transmits the amendment, • the regional planning council, or • an affected person. In the second situation, DEO can decide to review the proposed amendment without a request. In that case, DEO must give notice within thirty days of transmittal. Within five working days after deciding to conduct a review, DEO may forward copies to various reviewing agencies, including the Regional Planning Council. Regional Planning Council Review The Regional Planning Council must submit its comments in writing within thirty days of receipt of the proposed amendment from DEO. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the Regional Planning Council must be limited to "effects on regional resources or facilities identified in the Strategic Regional Policy plan and extra-jurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government After receipt of comments from the Regional Planning Council and other reviewing agencies, DEO has thirty days to conduct its own review and determine compliance with state law. Within that thirty-day period. DEO transmits its written comments to the local government. NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF TFTE LAW. REFER TO THE STATUTE(C11. 163,FS) FOR DETAILS. PITA 2 Packet Page -58- 'V.6 S I-0Z/9Z/S Atta lent II SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL LOCAL GOVERNMENT COMPREHENSIVE PLAN REVIEW FORM 01 LOCAL GOVERMENT: Collier County DATE AMENDMENT RELIEVED: November 12, 2014 DATE AMENDMENT MAILED TO LOCAL GOVERNMENT AND STATE: Pursuant to Section 163.3184,Florida Statutes, Council review of proposed amendments to local government Comprehensive Plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan and extra jurisdictional impacts that would be inconsistent with the Comprehensive Plan of any affected local government within the region. A written report containing the evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State land planning agency within 30 calendar days of receipt of the amendment. It. Amendment Name Collier County Vincentian Mixed Use Sub-District GMP 2. DESCRIPTI N OF AMENDMENT(S): This petition was submitted by Collier County staff at the Board of County Commissioners direction to amend the County's Growth Management Plan (GMP). The amendment would change the, Future Land Use Element, and Future Land Use Map. The specific the change to the Collier County GMP follows. Growth Management Plan Amendment (CP-201340) Future Land Use Element (FLUE) and the Future Land Use Map(FLUM) This petition was submitted by Christopher Shucart, c/o Global Properties of Naples, LLC, and is requesting an amendment to the County's Future Land Use Element (FLUE) and Future Land Use Map (FLUM) to re-designate the 30.7 acre subject site from the Urban Mixed Use District, Urban Coastal Fringe Sub-District to the Vincentian Mixed Use Sub- District. The site is comprised of 30.7 undeveloped land, located South of US-41, East of Southwest Boulevard, West of the Hitching Post Mobile Home Park and North of a single family 1 -65- a ed 1ared 5/26/2015 9.A. subdivision. The existing land uses in the area immediately surrounding or directly opposite the site are predominately residential in nature. The subject site will be served by Collier County Water District potable water treatment and distribution system, Collier County Sewer District wastewater collection and treatment system, and by Collier County Solid Waste Management. If adopted by the County, the amendment would allow the site to develop entirely as commercial (250,00 square feet and 150 unit hotel, and assisted living facility at 0.6 FAR), entirely as residential (224 dwelling units or 7.3 DU/A), or as a mixture of residential and commercial uses.This amendment would allow new rights to the property which is located in the Coastal High Hazard Area (CHHA) to develop with residential density not presently allowed by the FLUE. Council staff reviewed the proposed amendment request and found that the request was not regionally significant due to its lack of magnitude, location and character; that the proposed development would not substantially impact any regional resources or facilities; and that the proposed changes would not impact any adjacent jurisdiction. Staff further supports the recommendation of the Collier County Emergency Management to require that the developer provide a one-time contribution of a generator, meeting county specifications, to mitigate impacts from hurricane evacuation concerns. I. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN: The requested change to the GMP is determined by the Council staff to be consistent with the Goals of the SRPP. Council staff finds that the proposed amendment does not adversely affect any siEnificant regional resources or facilities that are identified in the Strategic Regional Policy Plan. 4. EXTRA-JURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION Council staff has reviewed the proposed amendments with respect to extra-jurisdictional impacts on surrounding local government Comprehensive Plans and finds that the proposed amendment does not negatively impact and is not inconsistent with adjacent local governmental Comprehensive Plans. Request a copy of the adopted version of the amendment? X Yes No Packet Page -60- Y6 S 1.OZ/9Z/9 Attachment III 1 as ........, Collier County DEO 14-1ESR Growth Manage,III ent Nfla,i Comprehensive Plan Annnendme 1;t -19- aSed Ia)1Ded 5/26/2015 9.A. Attachment EU ,...., Collier County DEO 14-5ESR _ , ,........ .1....,,,os,14m 'Ull -. . t , ' ' liiiiiiiiiin,tkOliadel ftlft 140.041*egiriti40 Mitirrel . . -: . , : • ': ,. - , ,7-'. ] .' ...;. -1 . . .. - ..: . ' ,, 4. ' ,, t,----- -•.... .1 , -.t,;,..-- ; . ,..„. . ,.. „. " .,*.44% , '''', , ,, " - - ,, ,,, ' •-• , ' ''...`*`, 4 '' -. +0,.... . _.,., ,- Viiieeritian Mixed Use Sub-I)istriet „....., Packet Page -62- Y6 91,0Z/9Z/9 Attachment Collier County DEO 14-5ESR y4^: j: oga ° ',FYI y °iii' 'k ,* .40,1%4t 4 :1.s%. • .r f d V:11‘ :, �` _ :' �yis..�aygf r�,19��, ,yam s�! 4,;7 ii- C/Yft#t•*1*-r*girt? t e. d .e /tit$ 7 -.. —- w— "" ,... "L a . +i a e K d air .o _ tea te t`` ,, A * Y r \ ineentian Mixed Use Siuh-blistriet -£9- aSed le)ced 5/26/2015 9.A. EXECUTIVE SUMMARY Recommendation to consider approving the 2013 Cycle 3 of Growth Management Plan Amendment for transmittal to the Florida Department of Economic Opportunity for review and Comments response, one petition only Vincentian Mixed Use Subdistrict, Transmittal Hearing. OBJECTIVE: For the Board of County Commissioners to review the 2013 Cycle 3 amendment to the Collier County Growth Management Plan (GMP) and consider approving said amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2013 Cycle 3 petition on August 21 and September 4, 2014. • This Transmittal hearing for the 2013 Cycle 3 considers an amendment to the Future Land Use Element and Future Land Use Map. Note: Because the support materials (petition only) is voluminous, and some exhibits are oversized, the Agenda Central system contains as noted, "confidential" the related document pertaining to this GMP amendment. A link has been provided to the `I' drive on page 4 of this r` document in order to view the document. The entire Executive Summary package, including all support materials, is available for review in the Comprehensive Planning Section of the Planning & Zoning Department office, located at 2800 North Horseshoe Drive, Naples, including the Comprehensive Planning Section GMP Amendments web page, via http://www.colliergov.net/index.aspx?page=2460. The entire Executive Summary package is also available in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, 4th floor, Suite 401. Petition PL20130001767/CP-2013-10 is a petition submitted by Christopher Shucart, requesting Future Land Use Element (FLUE) amendment to re-designate the subject site from the Urban Mixed Use District, Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. The Vincentian Subdistrict site comprises 30.7 acres and is located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East), and west of the Hitching Post Mobile Home Park, in Section 32,Township 50 South, Range 26 East. Among the factors analyzed are Background and Considerations, Commercial Analysis, Apartment Analysis, Residential Density and Land Use Intensities, Appropriateness of the Site, Consistency with Coastal High Hazard Area Policies within the Growth Management Plan, Traffic Capacity/Traffic Circulation Impact Study Analysis, and Public Facilities Impact. The following findings and conclusions result from the reviews and analyses of this request: • The subject site was approved in 1999 for mixed use development only — not stand-alone commercial or residential development. • More than 12,000 approved,but un-built dwelling units are proximate to this site. Packet Page-64- 5/26/2015 9.A. • The proposed Subdistrict proposed limiting residential development to market rate rental apartments only, prior to the CCPC meeting, which correlated with the submitted apartment study. Now, the petition proposes market rate residential development of any ownership type, which means the type of residential development could be the same as the already approved+12,000 units proximate to this site. • The proposed Subdistrict would allow residential density of 10 [12 prior to CCPC meeting] dwelling units per acre in a Coastal High Hazard Area (CHHA) location where additional dwelling units (beyond 4 DU/A) can only be attained when qualifying for a density bonus, but no qualifiers for density bonuses are met. • Conservation and Coastal Management Element (CCME) Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Approval of the proposed density does not limit, but potentially expands, public expenditures in the CHHA. Florida Statutes provide the basis for this CCME Objective and Policies, with specific provisions found in: Section 163.3178(1), providing that local governments limit public expenditures in areas subject to destruction by natural disasters, and Section 163.3177(6)6, requiring local governments to limit public expenditures that subsidize development in coastal high hazard areas. • Based on data and analysis submitted for the supply of existing and potential commercial development and demand within the market area for the subject site, the additional need for the proposed commercial uses contemplated by this amendment to serve the surrounding residential areas cannot be ascertained/has not been demonstrated. Staff found the data and analysis for the subject Growth Management Plan amendment does not support the proposed changes to re-designate the subject site from the Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. The proposed Vincentian Subdistrict is not consistent with Coastal High Hazard Area policies or Future Land Use Element provisions within the Growth Management Plan. Additional staff analysis of this petition is included in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of this amendment, as this is for the Transmittal of this proposed amendment. Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice. Fiscal impacts to the County may result from this amendment if it is adopted. The Vincentian Subdistrict proposes residential density of ten (10) dwelling units per acre in a location where only three or four dwelling units per acre of market rate housing are allowed [within the Urban Coastal Fringe Subdistrict(UCF) and the Coastal High Hazard Area(CHHA)]. LEGAL CONSIDERATIONS: This item is approved as to form and legality.A majority vote of the Board is needed for adoption of the Resolution. [HFACJ GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for Adoption hearings to be held early in 2015. Packet Page-65- 5/26/2015 9.A. ENVIRONMENTAL ISSUES: The site of petition PL20130001767/CP-2013-i0 contains approximately 12.66 acres of jurisdictional wetlands. Wetlands on-site are isolated with no hydrological connection to wetlands or waters off-site. As part of the process of obtaining subsequent development orders (e.g. site development plan), the site will be subject to all applicable local, state and federal environmental protection regulations, including applicable portions of the Conservation and Coastal Management Element of the Growth Management Plan, and the Land Development Code. HISTORICAL/ARCHAEOLOGICAL IMPACT: No significant archaeological or historical sites are recorded for or likely to be present within the Vincentian Subdistrict subject area, and it is unlikely that any such sites will be affected. The site is subject to the requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element Policy 11.1.3. If found to be present or affected, as part of the process of obtaining subsequent development orders (e.g. site development plans), the site will be subject to all applicable local, State and Federal protection regulations relevant to historical and archeological sites. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward Petition CP-2013-10 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC was provided with the recommendation not to approve and transmit the GMP Future Land Use Element (FLUE) amendment as proposed by the petitioner. Staff also provided the CCPC with revisions to the applicant's proposed Subdistrict text (for proper code language, format, clarity, etc.) if they chose to recommend transmittal. The CCPC heard CP-2013-10 during two separate hearing dates. During its initial hearing, the applicant's agent presented a revised version of Subdistrict text. That version incorporated land uses, intensity, density and other key Subdistrict provisions summarized as: allowing an entirely residential development, an entirely commercial development, or mixed use (residential and commercial) development; increasing residential density to a maximum of nearly 12 dwelling units per acre (= 360 units); basing residential density upon total site acreage; removing the residential limitation to only allow rental apartments; increasing commercial intensity to a maximum of 250,000 sq. ft. of uses as allowed to the C-1 through C-3 zoning districts; allowing for an automobile service station and other commercial uses outside the C-3 District; and, retaining a minimum of 15%native vegetation on site. During its continued hearing, a different version of Subdistrict text was presented by the applicant's agent. This substantially revised version incorporated changes to: (a) limit the increased residential density to a maximum of 10 dwelling units per acre (= 307 units); (b) base residential density only upon non-commercial acreage; (c) relax the residential limitation to allow any market-rate dwellings, not just rental apartments; (d) limit the increased commercial intensity to a maximum of 250,000 sq. ft. of uses as allowed to the C-1 through C-3 zoning districts, with hotel and ALF conversions reducing this maximum; and, (e) allowing for Packet Page -66- 5/26/2015 9.A. automotive fuel pumps accessory to another, larger commercial facility, and other commercial uses outside the C-3 District. There were a number of public speakers, expressing concerns about impact upon owners of businesses and residences in the area. In particular, speakers addressed the low residential density of existing neighboring developments, and contrasted it with the high residential density proposed in the Vincentian Subdistrict. Incompatibilities were identified and ways to minimize them were discussed. Interconnection was another issue discussed, as access to the commercial development to the southeast would be beneficial, without having to use US 41 for every trip. Emphasis was put on the growing traffic on both US 41 and Southwest Boulevard, and the accompanying traffic problems. Speakers located in the Hitching Post Mobile Home Park addressed the possible collaboration on land uses adjacent to, on and through their recreation/storage area. Speakers were apprehensive of such a wide-open proposal, where no specific plans for development of the site were known or proposed. The CCPC forwarded petition CP-2013-10, with the petitioner's changes, to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 4/2), subject to a few clean-up changes to the text. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC—not to transmit petition CP-2013-10, as revised at the CCPC meeting, to the Department of Economic Opportunity. Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division Attachments: 1) CP-2013-10 CCPC Staff Report; 2) CP-2013-10 Resolution with Exhibit"A"text and map 3) Application Backup Information (petition only); due to the size of the entire document it is accessible at: http://www.colliergov.net/ftp/AgendaOct 1414/GrowthMgmt/op- PL20130001767 CP-2013-10 Petition Applica.pdf a Packet Page-67- 5/26/2015 9.A. \\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles& Small Scale Petitions\2013 Cycle 3-October\2013.3 BCC Transmittal\13-10 Trnsmttl BCC exec summ_DRAFT.docx c Packet Page-68- Global-Vincentian Mixed Use Subdistrict Ag 5/26/2015 9.A. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: August 21, 2014 RE: PETITION CP-2013-10/ PL-2013-0001767, Growth Management Plan Amendment (TRANSMITTAL HEARING) APPLICANTS/OWNERS/AGENTS: Global Properties of Naples, LLC Christopher Shucart, Manager 2414 Tamiami Trail North, Suite 615 Naples, Florida 34103 Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq. Hole Montes, Inc. Coleman, Yovanovich & Koester, P.A. 950 Encore Way 4001 Tamiami Trail North, Suite 300 Naples, Florida 34110 Naples, Florida 34103 GEOGRAPHIC LOCATION: The ±31 acre subject site is located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East), and west of the Hitching Post Mobile Home Park, in Section 32, Township 50 South, Range 26 East, Collier County, Florida. REQUESTED ACTION: Amendments to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan, to introduce a new Subdistrict. This petition seeks to re-designate the subject site from the Urban Mixed Use District, Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. (CP-2013-10 Resolution Exhibit A reflects the petitioner's proposed text changes) SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Site The subject site comprises ±31 acres, and is designated Urban Coastal Fringe Subdistrict on the Future Land Use Map and lies within the Coastal High Hazard Area. The site is zoned Vincentian PUD and is undeveloped. The PUD provides for a maximum gross density of 4 dwelling units per acre (on the Residential tract); assisted living facilities; and up to 115,000 sq. ft. of commercial uses, including all permitted C-2, Convenience Commercial district uses, community theater amusement and recreation services, a miniature golf course, bike and moped rental amusement and recreation services, auto & home supply stores, business services, drinking places, hospitals, membership organizations, museums & art galleries, paint , glass & wallpaper stores, public - 1 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -69- Global-Vincentian Mixed Use Subdistrict 5/26/2015 9.A. administration, non-depository credit institutions, real estate services, retail nurseries, lawn & garden _ supply stores, social services, used merchandise stores, the USPS, and comparable C-2 commercial I ses (nn the Commercial In fill tract) A detailed fist of ucac ailnweri in the PI ILA is provided further below. Pedestrian sidewalks are on south side of US 41, along the entire frontage of subject site, and on east side of Southwest Boulevard, also along the entire frontage of subject site. Surrounding Lands North of Subject Site: Across US 41, land is designated Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map, and zoned Whistlers Cove PUD. Whistlers Cove is developed with multi-family residential apartment buildings. The Lely Area Stormwater Improvement Project facility is situated (north) east (within Eagle Lakes Park), across US 41. A pedestrian sidewalk is on north side of US 41, along entire frontage opposite the subject site. West of Subject Site: Land is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. An area zoned C-5, Heavy Commercial District fronts US 41 and is developed with an automobile service station immediately across Southwest Boulevard; then with a self storage facility further (north) west. The area behind the commercial development, and across Southwest Boulevard, is zoned RSF-4 and developed as Trail Acres, a single family residential subdivision. A pedestrian sidewalk is on west side of Southwest Boulevard, along entire frontage opposite the subject site. South of Subject Site: Land is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. This area is zoned RSF-4 and developed as Trail Acres, a single family residential subdivision. East of Subject Site: Land is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, and zoned C-3 and MR. An area zoned C-3, Commercial Intermediate District fronts US 41 and is developed with a Collier County government service facility; then with a multi-tenant strip mall further (south) east, with its parking lot fronting US 41. The area behind these government service and commercial uses is the Hitching Post Mobile Home Park, with a mobile home park service building and vehicle area located directly behind the government service facility. In summary, along with the commercial development on the south side of US 41, the existing land uses in the area immediately surrounding or directly opposite the subject site are predominately residential in nature. STAFF ANALYSIS: Background and Considerations The Vincentian PUD was originally approved in 1985 (Ord. 85-27) and allowed "80 residential units for the elderly' on 10 acres for density of eight (8) dwelling units per acre; "a school, church, rectory and related uses" on 10 acres; and, "institutional care facilities such as, but not limited to children's home, residence for unwed mothers, family enrichment center, special educational center, etc." on 10.7 acres (31.7 acres total). The PUD was rezoned to a new Vincentian PUD in 1991 (Ord. 91-88), via the County's implementation of the zoning reevaluation program, to lower the residential allowance to 30 dwelling units (3 DULA on 10 acres) (31.7 acres total). In 1999, the PUD was again rezoned to a new Vincentian PUD (Ord. 99-37) to allow 115,000 sq. ft. of commercial uses on 8.5 acres, residential development at four (4) dwelling units per acre on 9.8 acres, and group housing/nursing home/ALF at 0.45 FAR (30 acres total). In this latter rezone, the allowance of commercial uses along US 41 was deemed consistent with the FLUE via the Office and Infill Commercial Subdistrict. The commercial uses allowed are: all permitted uses in C-2, Convenience Commercial zoning district; amusement and recreation services - community theater, miniature golf course, bike and moped rental amusement and recreation services„ auto & home supply stores; business services, with exceptions; drinking - 2 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -70- Global-Vincentian Mixed Use Subdistrict Agent 5/26/2015 9.A. places, with exclusions; hospitals; membership organizations; miscellaneous retail; museums & art galleries; paint , glass &wallpaper stores; public administration; non-depository credit institutions; real estate; retail nurseries, lawn & garden supply stores; social services; used merchandise stores, with exceptions; U.S. Postal Service, except major distribution center; and, any other commercial use comparable with the foregoing and consistent with the C-2 district. For all three rezones, the property was owned by the [Catholic] Diocese of Venice; was designated Urban Coastal Fringe Subdistrict on the Future Land Use Map (as it is designated today); and, was in the Coastal Management Area then Coastal High Hazard Area-as it is today. It is important to note that application materials suggest the uses generally described in the present Vincentian PUD are the basis from which new/additional uses are proposed, and are not confined to the permitted uses itemized above. This approach is reported further in the Comments Specific to the Commercial Needs Analysis section, below. Justifications (Refer to Attachment"B", Justification and Supplemental Information) The justifications asserted in the application's supplemental information for the proposed amendment are: (1) The shape and size of the subject site allows for a variety of commercial use options; (2) The area would benefit from additional commercial development; (3) The commercial needs study identifies a need for additional commercial uses and a deficiency in lands designated for commercial development; (4) Low density residential development is not feasible in the current market; (5) The site is well situated due to its access and exposure to an arterial roadway; (6) There is a strong demand for market rate apartments; (7) The minimum density necessary to attract a developer and quality design is considered to be around 12 dwelling units per acre; (8) The amount of commercial acreage and square footage is reduced in a mixed-use development scenario; An assessment finds only some of these justifications are supported by the petition's data and analysis. Detailed analyses are provided further below. Commercial Analysis (Refer to Attachment"E", Commercial Needs Analysis) Generally, commercial development within a community can be categorized as strip commercial development, neighborhood commercial, community commercial, regional commercial, and so forth. Based on specific studies and/or demographic data for an area, such as population, income, household size, percentage of income spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for various lines of goods and services for that geography by shopping center type. Relevant to the subject petition, a community commercial needs analysis was provided in support of the requested commercial development. The firm of Fishkind and Associates, Inc., conducted a Commercial Needs Analysis dated January 31, 2014 with an amended date of July 31, 2014, identifying the market conditions within a 5-minute, 10- minute and 15-minute drive time from the subject site. This analysis provided an assessment of the community commercial needs for the existing and projected population within the site's market area. Analysis identifies that there is a demand for community serving commercial within the 10-minute and 15-minute drive-time market areas. The commercial square feet demand findings from the study are as follows: - 3 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -71- Global-Vincentian Mixed Use Subdistrict Agern_5/26/2015 9.A. The community commercial square feet demand that can be supported by the area's population projected in 2019 is 920,597 sq. ft. within the 10-minute drive time and 1,438,596 sq. ft. within the 15-minute drive time. To allow for flexibility within the market, the application of a 1.25 market factor yields supportable community square feet of 1,150,747 sq. ft. within the 10-minute drive time and 1,798,211 sq. ft. within the 15-minute drive time. Staff Assessment: Based on the data submitted with this petition it cannot be ascertained whether demand exists for additional community commercial square feet at this location. Irregularities in the data presented, such as the use of dwelling unit figures where commercial analyses typically use household figures contributes to these irregularities. Employing dwelling unit figures where households are being analyzed effectively over-estimates demand as household figures would not produce the same results. Derivative over-estimations directly impact the household income calculations for establishing demand. The application of the figures used produce an unrepresentative data set and conclusions based thereon are inaccurate. [Note: A"household" is, by U.S. Census Bureau definition, an occupied dwelling unit. Given the occupancy/vacancy rates in Collier County, there is a significant difference in the number of dwelling units and number of households in a given geography (countywide 67.5% occupancy/32.5% vacancy, but varies by Census Tract).] Another example of inaccuracies produced by irregularities in the data submitted is the use of population numbers - where the data sets based on Census geography may have been split by the market area boundary. These are the Census sub-areas (Blocks or TAZs) used to calculate the population and households within the market area. For those sub-areas only partially within the market area, using whole - not partial - population figures over-calculates demand. The application of the whole figures used produces an unrepresentative data set and conclusions based thereon are inaccurate. One more example of data irregularity is the all-inclusive commercial center types used in the demand calculations and reflected in the Allocation tables appearing in Commercial Needs — Analysis. Household incomes available for spending on different goods and services (general merchandise, food, entertainment, etc.) are distributed among all shopping center types and not allocated further specifically to community commercial shopping centers - again, over-calculating demand. The application of the "all center types" figures produces an unrepresentative data set and conclusions based thereon are inaccurate. The Commercial Needs Analysis reports a community commercial square feet supply of 2,437,398 sq. ft. described as existing or potential community commercial floor area in the market area. Staff Assessment: Many of the community shopping centers listed in the Commercial Needs Analysis contain developed outparcels which would seem to be integral components of the community shopping center, yet are excluded. Staff finds an additional 318,540 sq. ft. for an estimated total of 2,755,938 community commercial development (comprised of the outparcels, omitted square feet at existing centers - gardens centers at four different community centers, and differences in square foot allocations for some community centers). See attached staff worksheet. The data and analysis submitted to support the request addresses community commercial uses only- but proposed Subdistrict provisions also allow neighborhood commercial development, regional commercial development [including several high intensity C-5, Heavy Commercial uses], all office development, and hotel/motel uses. Staff Assessment: Application materials over-estimate demand for, and under-estimate supply of, community commercial development, and do not provide the supply/demand data & analysis for other -4- CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -72- Global-Vincentian Mixed Use Subdistrict Agen,.5/26/2015 9.A. commercial categories. Without such support, it cannot be ascertained that demand exists at this location for additional neighborhood commercial square feet beyond the square feet alraarly approved in the PI In or community and regional rnmmerriai square feat newly proposed. Apartment Analysis (Refer to Attachment "D", Rental Apartment Survey) The firm of Fishkind and Associates, Inc., conducted a Rental Apartment Survey dated March 11, 2014 with an amended date of July 31, 2014, identifying the supply and demand trends and associated pricing of the rental apartment market in the County. This analysis surveyed more than forty apartment complexes including 100 apartments or more and assessed the housing needs for [market rate] rental apartment, and found the following: • Increasing Average Sizes and Rental Rates • An Increasing Countywide Occupancy Rate: From 88% in 2010 to 97% in 2013 • A Countywide Average Size: _> 20 acres • A Countywide Average Density: from >_ 11 units/acre to ? 13 units/acre • A Countywide Average Unit Count: 231 units The data and analysis submitted to support the request addresses a specific residential type - rental apartments - and proposed Subdistrict provisions allow only rental apartments. Application materials also review comparable rental condominiums, but do not provide the demand/supply data & analysis for fee simple condominiums, single-family residences or other residential types. Notwithstanding these absences, the demand for market rate apartments can be ascertained. It is important to note that virtually all of the apartment complexes surveyed are located outside the Coastal High Hazard Area, where such densities and unit numbers are appropriate and can be attained. The County's limitations on density are detailed in the Consistency with Coastal High Hazard Area Policies section below. Residential Density and Land Use Intensities The FLUE allows density in the Urban Coastal Fringe Subdistrict, which lies within the CHHA, to exceed 4 dwelling units per acre only for developments qualifying for density bonuses by providing affordable housing. The Subdistrict proposes residential density of nearly 12 dwelling units per acre in a location where 3 dwelling units per acre are allowed [4 dwelling units per acre using the conversion of commercial zoning density bonus, where applicable, or up to an additional 8 dwelling units per acre for affordable workforce housing density bonus] -while no qualifiers for density bonuses are being proposed or met. The Vincentian property presently allows for 4 dwelling units per acre based on the residential camponent acreage for a maximum of 39 dwelling units. Proposed Subdistrict provisions base density on the entire acreage for a maximum of 360 dwelling units. The amount of residential units is not reduced proportionally with any reduction of acreage devoted to commercial development. By way of comparison, the Whistler's Cove PUD meets affordable housing qualifiers for density bonuses and is approved for a density of 10 dwelling units per acre. Application materials present a basis/rationale for allowing residential density to be calculated based upon total property acreage as an opportunity to maximize the site's development potential - without the density bonus qualifiers met by comparable developments. - 5 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -73- Global-Vincentian Mixed Use Subdistrict Agen 5/26/2015 9.A. Appropriateness of the Site The Mixed Use Activity Center (MUAC) Subdistrict allows the full array of commercial uses (C-1 thru C-5 Districts) and residential density at a maximum of 16 dwelling units per acre, except within the Urban Coastal Fringe Subdistrict (max. of 4 DU/A) and Urban Residential Fringe Subdistrict (max. of 1.5 DU/A, or 2.5 dwelling units per acre utilizing the transfer of development rights). There are 19 MUACs; each is located at the intersection of two major roads, and they are spaced no closer than two (2) miles apart as measured at intersection midpoints. FLUE Mixed Use Activity Center Subdistrict provisions allow for establishment of new Activity Centers subject to the following criteria: • Site must be situated at the intersection of two arterial roads or one arterial and one collector road -as identified in the Transportation Element; • Site must be located no closer than two (2) miles from another MUAC; and, • Market justification must be demonstrated. This amendment allows the option of developing the site with commercial uses as allowed in the C-1 through C-5 zoning districts, with some exclusions, or residential development at 11.74 dwelling units per acre. Essentially, this Subdistrict allows the same commercial development use intensity as the MUAC, and residential development at a higher density than a MUAC within the Urban Coastal Fringe - albeit on 30.6 acres whereas MUAC quadrants were originally 40 acres each (now MUAC quadrants vary from less than 10 acres to roughly 250 acres). No other subdistrict besides MUAC allows the commercial use intensity proposed by this Subdistrict, and few others allow the residential density proposed or the density calculation based on total site acreage within a mixed use project. The subject site does not meet the first two criteria for establishing a new Activity Center and may not meet the third criterion. Community Desires (Refer to Attachment "C", Vision for the East Trail Corridor, and NIM comments toward the end of this Report.) Staff understands that this Vision document was not prepared at BCC direction nor presented to and accepted by the BCC. Nonetheless, staff offers the following observations: • General Urban areas in [East Trail Corridor] Segment 1 and Segment 2 are envisioned to be primarily low to medium density residential in nature but should provide opportunities for mixed use developments and live-work units, with quality landscaping and public parks, squares and greens. The present Vincentian PUD satisfies this vision (at a density of 4 dwelling units per acre), while the proposed Subdistrict would not (with a density of more than 11 dwelling units per acre). • The vision for [East Trail Corridor] Segment 2 does not seek more hotels or other non-community commercial uses, while the proposed Subdistrict allows hotels [and many of these other non- community commercial uses]. These inconsistencies between the proposed Subdistrict text and the Vision document do not lend support to the request. People attending the Neighborhood Information Meeting raised questions and concerns related to site design and land uses. Find more information in the NIM Synopsis below. Consistency with Coastal High Hazard Area Policies within the Growth Management Plan As previously noted, the subject site lies within the Urban Coastal Fringe Subdistrict (UCF) and the Coastal High Hazard Area (CHHA). The CHHA encompasses all of the UCF, some lands north of US 41 East, and some lands north of the City of Naples (mostly west of US 41). The UCF Subdistrict reads as follows: "The purpose of this Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The Subdistrict - 6 - -- CP-2013-10/PL20130001767 2013-10,Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page-74- Global-Vincentian Mixed Use Subdistrict Agen_5/26/2015 9.A. comprises those Urban areas south of US 41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises approximately 11,354 acres and 10% of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation designated area, residential densities within the Subdistrict shall not exceed a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfers of Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development." The CHHA reads as follows: "Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is generally depicted on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA." Historically, the State has discouraged increasing density within the CHHA (so as to direct population concentration away from known or predicted coastal high hazards and not to negatively affect hurricane evacuation times). For the most part, so has the County. Only two density bonuses are applicable in the CHHA - affordable-workforce housing, and conversion of commercial zoning [that has been deemed consistent by policy]; other density bonuses are not applicable within the CHHA. By way of example, the Bayshore/Gateway Triangle Redevelopment Overlay (depicted on the FLUM and generally encompassing lands along Davis Blvd./US 41 East/Airport-Pulling Rd./Bayshore Dr.), now entirely within the CHHA, promotes redevelopment, especially of mixed use projects. When the County drafted the GMP amendment to create this Overlay in 2000, it included a traditional density bonus as an incentive (ask for density increase via rezoning process) which would have allowed an overall increase of density in the CHHA. The State objected. The County responded by revising the amendment to establish a density pool derived from previously entitled density from the Naples Botanical Gardens site (the density allowed by the zoning of that site prior to its rezoning to PUD); this was acceptable to the State. This density pool provides for increased density of projects within the Overlay via a reallocation of density, not a creation of new density, thus the overall density within the CHHA is not increased. For most rezones within the UCF, density is limited to a maximum of 4 dwelling units per acre, and typically just 3 dwelling units per acre due to the density reduction factor of minus 1 dwelling units per acre for lying within the CHHA. The primary exception to 3 or 4 dwelling units per acre is for provision of affordable-workforce housing, a density bonus of up to 8 dwelling units per acre. The conversion of commercial zoning bonus is applicable in the UCF only to the extent of increasing density back to the cap of 4 dwelling units per acre [4 DU/A(base density) minus 1 DU/A(CHHA reduction) = 3 DU/A; +1 DU/A (conversion of commercial zoning bonus) = 4 DU/A maximum eligible density for market rate housing]. Outside of the UCF but still within the CHHA, the density cap is 16 dwelling units per acre, not 4 dwelling units per acre [4 DU/A (base density) minus 1 DU/A (CHHA reduction) = 3 DU/A; +16 DU/A (conversion of commercial zoning bonus) = 16 DU/A maximum eligible density for market rate housing]. Under the FLUE's density rating system, density is based upon the total site acreage less commercial and industrial acreage, and less any acreage for uses with a residential density equivalency established in the LDC; and, eligible density is not an entitlement. For the subject site, the maximum eligible density is 3 dwelling units per acre for market rate housing or 11 dwelling units per acre for - 7 - CP-2013-10/PL20130001767 2013-10,Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page-75- Global-Vincentian Mixed Use Subdistrict Agen_5/26/2015 9.A. affordable-workforce housing (30 acres total minus 8.5 acres commercial tract = 21.5 acres x 3 DU/A = 65 DUs, or, x 11 DU/A= 237 DUs). Note: the existing PUD allows 4 dwelling units per acre, but this density is based solely on the acreage of the residential tracts (9.8 acres x 4 DU/A= 39 DUs). Conservation and Coastal Management Element Policy 12.1.2 reads as follows: "Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times." The applicant responds that consistency is met by agreeing to provide, as requested by the Bureau of Emergency Services Director, a portable generator for use at emergency shelters. Hurricane Mitigation Requirements Collier County Emergency Management has reviewed the PUD and the associated hurricane mitigation needs to aid in evacuation refuge efforts for this site. Staff has determined that the best mitigation effort for this PUD would be for an off-site nearby public-shelter as is typically the shelter of last-resort. These shelter(s) are determined and announced as the storm approaches Collier County based on storm's intensity, surge model, direction of travel, time of day and day of week impact among others factors. Collier County is therefore requiring the developer to provide a new towable, quiet running, extended run-time towable 45kW (minimum-kW) generator per Emergency Management's specifications. The towable generator will be a one-time developer contribution based on the number of units currently permitted to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre-approved by the Department of Emergency Management as the County has certain interoperable standards and required safety options. The towable generator allows for additional evacuee capacities at various shelter(s) that can be used based on the storm factors referenced above. (Dan E. Summers, Director Department of Emergency Management] — Environmental Impacts Passarella and Associates submitted an environmental report, dated October 2013. Collier County Department of Natural Resources personnel reviewed this petition and provided the following analysis: The subject site is an undeveloped 30.68 acre parcel located on the south side of US 41 in the Urban Coastal Fringe Subdistrict. Surrounding properties are developed with residential and commercial uses, with no preserves or undeveloped land containing native vegetation abutting the subject site. The majority of the subject site is forested with native vegetation, mainly slash pine and pine/cypress vegetative communities. Exotic vegetation occupies most of the site, with 50 to 100 percent coverage with exotic vegetation. Also on-site are approximately 12.66 acres of jurisdictional wetlands. Wetlands on-site are isolated with no hydrological connection to wetlands or waters off-site. Listed species surveys were conducted on the subject site on March 6, 2012 and April 7, 1998 by the environmental consultant for the petitioner. No listed wildlife species or signs of listed wildlife species were observed on the property. A literature search by the environmental consultant found no documented occurrences of listed wildlife species on the property and the property not to be located in any state or federal agency designated habitat areas for listed wildlife species. A letter from the Florida Department of State, Division of Historical Resources indicates no significant archaeological of historical sites recorded for or likely to be present within the subject area. The letter also states that because of the property location and/or nature it is unlikely that any such sites will be affected. The site is subject to the requirement for accidental discovery of archaeological or historical - 8 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page-76- Global—Vincentian Mixed Use Subdistrict Agen..... .„ 9.A. sites as required by Conservation and Coastal Management Element (CCME) Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). The subject site is not located within any County well field protection zones. The proposed GMP amendment allows for the off-site retention of all the native vegetation required to be retained on the subject property. Much of the subject site appears to already qualify for the off-site retention of native vegetation provision in the LDC, which allows for preserves with 75 percent or more coverage with exotic vegetation to be satisfied off-site. To insure the entire preserve requirement can be satisfied off-site, an exemption to the restrictions in the LDC provision has been included in the GMP amendment. Requests for deviations to the native vegetation retention requirements in the GMP and LDC are allowed pursuant to Conservation and Coastal Management Element (CCME) Policies 6.1.1 (10 & 13). The CCME Policies are as follows. Policy 6.1.1 (10) CCME The County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical --- assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. Policy 6.1.1 (13) CCME The County may grant a deviation to the native vegetation retention requirements of sub-sections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or — 9 - CP-2013-10/PL20130001767 2013-10,Global Properties:Creating the Vincentian Mixed Use Subdistrict Packet Page -77- Global-Vincentian Mixed Use Subdistrict Agent.5/26/2015 9.A. b. On or off-site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Given the above, staff supports the request to allow for off-site retention of native vegetation. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances, the project requires review by the [CCPC acting in their capacity as the] Environmental Advisory Council (EAC). A deviation to the provisions in the LDC on when native vegetation can be satisfied off-site is being requested through the GMP amendment. The applicable provision from Chapter 2,Article VIII, Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances is provided below. (m) Scope of land development project reviews. The EAC shall review the following: (1) Any PUD that requests a deviation from environmental standards of the LDC or any development order that requests a deviation from the provisions identified in GMP CCME Policy 6.1.1 (13). [Stephen Lenberger, Senior Environmental Specialist Surface Water& Environmental Planning Section] Historical and Archaeological Impacts The historical and archaeological characteristics inherent to the subject site are addressed in application materials. In a letter dated May 18, 1998 the Florida Department of State, Division of Historical Resources writes, "a review of the Florida Site File indicates no significant archaeological or historical sites are recorded for or likely to be present within the subject area, and that "it is unlikely that any such sites will be affected." Traffic Capacity/Traffic Circulation Impact Study Analysis, Including Transportation Element Consistency Determination Trebilcock Consulting Solutions submitted a Traffic Impact Study (TIS), dated October 18, 2013. The substantive review of this document was done by the Transportation Planning Section, and their review comments are provided below. The petition indicates that [the subject site] is intended to have a corporate headquarters based, mixed-use project. The new Subdistrict however, allows for all commercial, all residential, or mixed- use (commercial and residential) development. The TIS analyzes it as a shopping center within a single-use scenario and within a mixed-use scenario. Additional uses that exceed the trip generation limits of the shopping center use have been proposed (i.e. gas station). The land uses proposed are reconciled with the analysis in the TIS, reviewing the trip generation characteristics of each potential use. The most impactful combination of trip generators has been selected at the maximized square footage they could achieve, and a trip generation "cap" has been developed that will become a condition of approval [in the companion PUD]. The proposal may be considered consistent with the Transportation Element of the GMP by way of implementing this Trip Generation Cap at the zoning phase as a mitigation strategy to limit their impacts (which meets Policy 5.1 of the Transportation Element). Implementing the Trip Generation Cap ensures the TIS will be consistent with the categorized land uses, and the PUD and FLUM will be consistent with one another. [John Podczerwinsky, Project Manager Transportation Planning Section] - 10 - — CP-2013-10/PL20130001767 2013-10,Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -78- Global-Vincentian Mixed Use Subdistrict Agen 5/26/2015 9.A. Public Facilities Impact Development witu hin the Coastal High Hazard Area (CHHA) is addroescd in the Conservation anti Coastal Management Element (CCME). CCME Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Application materials present the public facilities needed to support the Vincentian Mixed Use Subdistrict as follows: • Water: The subject site will be served by Collier County Water District potable water treatment and distribution system. Depending upon the development scenario (all commercial, all residential, or mixed-use development), the estimated demand for potable water for the project ranges from 28,000 to 42,000 gallons per day [Peak demand: from 78 to 117 gallons per minute]. • Wastewater: The subject site will be served by the Collier County Sewer District wastewater collection and treatment system. Depending upon the development scenario, the estimated demand for wastewater for the project ranges from 25,000 to 38,000 gallons per day [Peak demand: from 69 to 106 gallons per minute]. • Solid Waste Disposal: The service provider is Collier County Solid Waste Management. The Annual Update and Inventory on Public Facilities (AUIR) indicates the County has sufficient landfill capacity up to the year 2065 for the required lined cell capacity. • Stormwater Management: Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of stormwater events by both on-site and off-site improvements. • Park and Recreational Facilities: There are no anticipated adverse impacts to park facilities from the proposed development. • Schools: There are no anticipated adverse impacts to public school facilities from the proposed development. • Emergency Medical and Fire Protection Services: The subject site is located within the Golden Gate Fire District. The proposed increases of commercial intensity and floor area and increases of residential density and dwelling units are anticipated to have minimal impacts on these safety services. [Kris Van Lengen, Principal Project Manager Public Utilities Planning & Project Management Dept.] NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Thursday, July 17, 201, 5:30 p.m. at the Collier County South Regional Library, Meeting Rm. "B", located at 8065 Lely Cultural Parkway, Naples. Approximately 16 people other than the application team and County staff attended -and heard the following information: The applicant's agent provided a full description of the proposed GMP amendment to the group, including that the amendment has a companion petition to amend the PUD. Together they will allow for flexibility in design, in terms of allowing a mixture of uses. The applicant desires any residential development to be higher density at market rate, and indicated a commitment to preclude affordable housing. People voiced their concerns regarding affordable housing and supported the applicant's commitment to develop only market rate housing. People voiced their concerns regarding storm events and water run-off, and the distances water management facilities, buffer plantings and berms would be to their properties. They also discussed - 11 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -79- Global-Vincentian Mixed Use Subdistrict Ageni. 5/26/2015 9.A. interconnection with the Hitching Post Plaza, and suggested that these features [indicated above] be designed to not obstruct interconnection and afford the ability to create access. Land uses on both side of this property boundary would need to be configured or reconfigured to keep this option open- and both the applicant and the speakers were encouraged to pursue this further. People voiced their concerns about the height limitations on buildings for the variety of different uses allowed, such as the multi-family residential buildings, senior living facilities, hotels, and so forth. The applicant's agent described their design as one providing "good" separation and substantial landscape buffers. Aside from the concerns summarized above no one in attendance expressed opposition to the proposed GMP amendment. The meeting was completed by 6:30 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: The following findings and conclusions result from the reviews and analyses of this request: • The subject site was approved in 1999 for mixed use development only - not stand-alone commercial or residential development. The approved density of 4 dwelling units per acre based only upon PUD residential tracts acreage yields less density than allowed by the FLUE (39 vs. 65 DUs). • More than 12,000 approved but un-built dwelling units are proximate to this site, with application materials explaining why this existing inventory cannot be used to meet the demand for more apartments. • The proposed Subdistrict limits residential development to market rate apartments only. • Subdistrict allows residential density of nearly 12 dwelling units per acre in a Coastal High Hazard Area location where additional dwelling units (beyond 4 DU/A) can only be attained when — qualifying for an affordable workforce housing density bonus, but no qualifiers for density bonuses are met. • The amount of residential units in mixed use developments are typically reduced proportionally with the amount of acreage devoted to commercial development, but this Subdistrict bases residential density on the entire acreage allowing for 360 dwelling units. • To represent shopping practices in typical market analyses, a declining household percentage is applied to the three drive times, the farther from the subject site the market area extends. • Significant impacts to public facilities, as defined in the Capital Improvement Element, with respect to Transportation, Potable Water Supply, Wastewater Treatment, Stormwater Management and Solid Waste Disposal facilities will not result from this amendment. • Based on data and analysis submitted for the supply of existing and potential commercial development and demand within the market area for the subject site, the additional need for the proposed commercial uses contemplated by this amendment to serve the surrounding residential areas cannot be ascertained/has not been demonstrated. • Adverse environmental impacts will not result from this amendment. Staff finds that the data and analysis for the subject Growth Management Plan amendment does not support the proposed changes to introduce a new Subdistrict by redesignating the subject site from the Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. - 12 - — CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -80- Global-Vincentian Mixed Use Subdistrict Agern_5/26/2015 9.A. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's Office and is legally sufficient. (HFAC] STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CP-2013-10, as submitted, to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity. IF the Planning Commission chooses to recommend transmittal as proposed by petitioner, staff recommends the following revisions to the applicant's proposed Subdistrict text (for proper code language, format, clarity, etc. only - not intended to change allowable uses, intensities, development standards or other items of substance): Note: Words underlined are added - as proposed by petitioner; words double underlined are added, words are deleted -as proposed by staff. Insert on Page 46 of the Future Land Use Element: 17. Vincentian Mixed- Use Subdistrict This Subdistrict contains approximately 30.68 acres awl is located on the south/west side of Tamiami Trail East (US 41) 1S ^,T„f.o : T... ' Eoct and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to OrsolytieW allow for neighborhood,. e€ community, and regional commercial development; residential development; and mixed use {commercial and residential) development - - - - - --- ileacksiexte€c. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict and/or the greater Naples area, and -=-=-- —=- _- - - - - provide employment opportunities for residents in the surrounding area. -- __ - -: _ : ::•.. __ _ _ _ :-- _ _ : - _ fievekopnief The property may be developed entirely as commercial, entirely as residential, or as a mixture of residential and commercial uses. The development of this Subdistrict shall comply with the following restrictions limitations and standards: a. Allowable uses: All uses allowed in the C-1 throu•h C-5 zonin• districts both b ri•ht and • es conditional uses, as listed in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict, except as prohibited '-------- - _ - ___ >_ below. b. -< _-.._.- _ _-=-== _- _: - _ ___ - Prohibited uses: 1. Pawn shops (5932), 2. Adult book stores, adult video rental or sales, or any other use that is defined as a "sexually oriented business" in the Collier County Code of Laws, 26-151 et seq., 3. Animal specialty services except veterinary (0752); except outside kenneling and dog grooming are permitted, 4. Automatic merchandising machine operators (5962), 5. Correctional institutions (9223), 6. Crematories (7261), 7. Farm product raw materials (5153-5159), 8. Fishing, commercial (0912-0919), - 13 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -81- Global-Vincentian Mixed Use Subdistrict 5/26/2015 9.A. 9. Fuel dealers (5983-5989), 10. Homeless shelters and soup kitchens, 11. Installation or erection of building equipment contractors (1796), 12. Local and suburban passenger transportation (4131-4173), 13. Marinas (4493 & 4499) , 14. Motor vehicle dealers, used only (5521), 15. Miscellaneous personal services, not elsewhere classified (7299), Coin operated service machine operations, Comfort station operation, Escort service, Locker rental, Massage parlors (except those employing licensed therapists), Rest room operation, Tattoo parlors, Turkish baths, Wedding chapels, privately operated, 16. Power laundries, family and commercial (7211). and 17. Transfer stations (4212). c. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250.000 square feet of gross leasable I••r .r-. _ A a . d en- hotel ..im i FAR 0.6 and a maximum of 150 rooms and an assisted living facility ( maximum FAR 0.6). 2. Residential development shall wi44 be limited to a maximum density of 11.74 units,1 per acre, calculated on the gross acreage of the daffeieet property, inclusive of any commercial portions, for a maximum of 360 dwelling units. 3. If the project is developed as mixed used Lresidential and commercial uses.), the residential density 4ifiiitatiopv .li.w-n - is as 'provided for in Number 2. above and the commercial portion of the project shall not exceed 10 acres in size , and a maximum of 128 000 square feet of G FA of omm-r i-I - = - uses and a 150-room hotel not to exceed 0.6 FAR, and an Assisted Living Facility at a 0.6 FAR. Commercial uses shall be limited to those uses permitted by right in the C-1 throw,h C-3 — zoning districts. 4. Under any of the development scenarios above, the average weekday pm peak hour entering/exiting trip generation shall not exceed 1,107 total trips. 5. only one automobile service station is allowed: it may be located anywhere within the Subdistrict -xc-et. for mixed use development. shall be limited to the commercial tract In lieu of an automobile service station, accessory fuel pumps in association with a grocery store or membership warehouse type facility are allowed . 6. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse, and tennis courts., d. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development h- r-z.n- •r•in.nc- sh.Il contain development and desien standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to insure that uses and hours of operation are compatible with surrounding land uses. 2. The subject site will be developed with a common architectural and landscaping theme, to be submitted with at=t44434iliiiinent Plan. 3. The unified •tanned develo•ment submitted at time of he it t Site Development P .n will reflect, to the maximum extent feasible, internal connectivity through shared parking and cross-access aareements. - 14 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -82- Global-Vincentian Mixed Use Subdistrict Agen_5/26/2015 9.A. 5. 4 Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 6. Building height shall be permitted to a maximum of 50 feet zoned and 57 feet actual. 7. The building setback from any of the Subdistrict boundaries shall be 50% of the building height, but not less than 25 feet. 9. . At the time of Site Develo.ment the re•uired on-site ve•etation retention ma be satisfied off-site, pursuant to Policy 6.1.1 (13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. The portion of native vegetation satisfied off-site shall follow the procedures of the LDC but not be subject to the restrictions and limitations in the LDC on the vegetation allowed to be taken off-site, except that remaining portions of preserve on-site shall be a minimum of one acre in size. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. 10. 8. Residential A44y=FefFidential development shall be limite• • :____-:_ a market-rate rental apartment project -: _- : - __- ="7 -_- : - = As a second alternative: IF the Planning Commission chooses to recommend transmittal - but without the residential component and limiting commercial uses to non-regional commercial development - staff recommends the following revisions to the applicant's proposed Subdistrict text (for proper code language, format, clarity, etc. AND to eliminate the residential component, attempt to limit commercial to non-regional uses, and limit building floor area): Note: Words underlined are added - as proposed by petitioner; words double underlined are added, words dokible=g444aii=t4wa44344 are deleted -as proposed by staff. Insert on Page 44 11 of the Future Land Use Element: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed-Use Subdistrict - 15 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -83- Global-Vincentian Mixed Use Subdistrict Agen� 5/26/2015 9.A. 11. Research and Technology Park Subdistrict 12. Buckley Mixed-Use Subdistrict 13. Commercial Mixed Use t Subdistrict 14. Livingston/Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict B. URBAN- COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict *** *** *** *** *** Text Break *** *** 11. Orange Blossom/Airport Crossroads Commercial Subdistrict 12. Vincentian Commercial Subdistrict Insert on Page 26 of the Future Land Use Element: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Use-F*644644st; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, Vincentian Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. Insert on Page 46 of the Future Land Use Element: 17. Vincentian Corn -r i-I Mkoki—lalse Subdistrict This Subdistrict contains approximately 30.68 acres. sad is located on the south/west side of Tarniami rail as 1 as.sliown and i •-• -• on the Vin -n i-n Mix-. - Subdistrict Ma.. The •ur•ose of this Subdistrict is to s - - .II•w for _ community commercial development. - The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict and/or the greater Naples area, and -= '- -_ s-- ____= --- _ - • •rovide em.Io ment o.•ortunities for residents in the surrounding area. - -- -- -- _ - - - = - __ = __ _ _ __= *F170&14 T440=Iff2Lx: The devel..m-n if .' Subdistrict hall co...l ie foll•wn• r- ri i.n imi - i.n -n. standards: a. Allowable uses: All uses allowed by right in the C-4 C-441ifoo zoning districts, as listed in the Collier i my Land Development Code in effect as of the date of adoption of this Subdistrict - 16- CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -84- Global-Vincentian Mixed Use Subdistrict Agen 5/26/2015 9.A. .. as scgiditiopial=4saa exces.t as Prohibited below. b. -- -.._. -- - - - - _ -_ - - =_:__ =- Prohibited 1, Amusement and recreation services. indoor. 2. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). 3. Bowling centers, indoor (7933). 4. Motorcycle dealers (5571), - - L L • • c. Additional use restrictions and intensity standards: 1. Commercial uses 1.1 wiU be limited to a maximum of 21S III s.ware feet if . • leasable floor area (GLFA),, a and an assisted living facility ( maximum FAR 0.6). • • -- - -- - - - - - - - - 4. 2. Under any of the development scenarios above, the average weekday pm peak hour entering/exiting trip generation shall not exceed 1,107 total trips. — 17- CP-2013-10/PL20130001767 2013-10, Global Properties:Creating the Vincentian Mixed Use Subdistrict Packet Page -85- Global-Vincentian Mixed Use Subdistrict Agen_5/26/2015 9.A. 5. 3. Only one automobile service station is allowed: it may be located anywhere within the Subdistrict. In lieu of an automobile service station, accessory fuel pumps in association with a grocery store or membership warehouse type facility -r- a I•w-• --_--: 6. 4,A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse, and tennis courts, d. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Develo•ment Th- r- •n- •r•_i.-n- - -II contain development and desi•n standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to insure that uses and hours of operation are compatible with surrounding land uses: 2. The subject site will be developed with a common architectural and landscaping theme, to be submitted with the firs Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect, to the maximum extent feasible, internal connectivity through shared parking and cross-access agreements. 5. 4 Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 6. 5 Building height shall be permitted to a maximum of 50 feet zoned and 57 feet actual. 7. 5._, The building setback from any of the Subdistrict boundaries shall be 50% of the building height, but not less than 25 feet. 9. 7. At the time of Site Development, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1 (13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. The portion of native vegetation satisfied off-site shall follow the procedures of the LDC but not be subject to the restrictions and limitations in the LDC on the vegetation allowed to be taken off-site, except that remaining portions of preserve on-site shall be a minimum of one acre in size. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. Insert on Page 141 of the Future Land Use Element: Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map - 18 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page-86- Global-Vincentian Mixed Use Subdistrict Agen 5/26/2015 9.A. Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Commercial M 44 Subdistrict Map - 19 - CP-2013-10/PL20130001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -87- Global-Vincentian Mixed Use Subdistrict Agc"- "-- 5/26/2015 9.A. PREPARED BY: „ A DATE: AL A Corby Schmid AICP, Principa Planner Comprehensiv_ Planning Section, Planning And Zoning Department REVIEWED B fY - -fi-fq DATE: David Weeks, AICP, Growth Management Plan Manager Comprehensive Planning Section, Planning And Zoning Department REVIEWED BY: DATE: e-1(--/y Mike Bosi,AICP, Director, Planning And Zoning Department APPRO ' BY: J ''r DATE: ~ I J k p salanguida, finis rato Growth Management Division PETITION NO.: CP-2013-10 / PL-2013-0001767 Staff Report for the August 21, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the October 14, 2014, BCC Meeting. CP-2013-10/PL201.30001767 2013-10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page-88- 5/26/2015 9.A. RESOLUTION NO. 14- 2 31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 10 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 307 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL AT A FLOOR AREA RATIO OF.60 AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF .60. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-1 GENERAL OFFICE THROUGH C-3 COMMERCIAL GENERAL ZONING DISTRICTS IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND US 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 31 ±ACRES. [PL20130001767/CP-2013-10J WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Robert J. Mulhere FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA on behalf of Global Properties, LLC, has initiated this amendment to the Future Land Use Element and Future Land Use Map Series; and 114-CMP-00931/1129173/1] 58—Rev. 10/31/14 1 Words underlined are additions;Words smtsk-th tt are deletions *** *** *** *** are a break in text Packet Page -89- 5/26/2015 9.A. WHEREAS, on August 21, 2014 and September 4, 2014, the Collier County Planning _ Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on October 28, 2014, the Board of County Commissioners, at a public hearing, approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180)days of such receipt pursuant to Section 163.31.84, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management flan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3),F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this 3'i, day of 0 c-4.o be,c , 2014. ATTEST: BOARD OF C UNTY C r MMISSIONERS DWIGHT E. BROCK, CLERK COLLIER C TY, 't ORIDA 1 � � rtr . , �� ' ly 'put i- k BY: II TOM HENNING, Chairman Attest as , J',- signaturenly. y, f [14-CMP-00931/1129173/1] 58—Rev. 10/31/14 2 Words underlined are additions; Words struek-tkrough are deletions *** *** *** *** are a break in text Packet Page -90- 5/26/2015 9.A. Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachment: Exhibit "A"— text and maps CP\14-CMP-00931'2 [14-CMP-00931/1129173/1] 58—Rev. 10131/14 3 Words underlined are additions;Words - . are deletions *** *** *** *** are a break in text Packet Page-91- 5/26/2015 9.A. PL20130001767 L•"-ZU I i-i U EXHIBIT "A" FUTURE LAND USE ELEMENT [Page 10] Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed-Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed-Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Livingston/Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict 17. Vincentian Mixed Use Subdistrict [Page 26] 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston RoadNeterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. **** **** **** **** **** **** **** **** **** **** **** 1 Words underlined are added; words struck through are deleted. Row of asterisks (**** **** ****) denotes break in text. 28 Oct Version Packet Page-92- 5/26/2015 9.A. PL20130001767 I -I V [Page 46] 17. Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30.68 acres, is located on the south/west side of Tamiami Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood, community, and regional commercial development; residential development; and mixed use (commercial and residential) development. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan, residential development shall be limited to market-rate units so as to avoid the concentration of affordable housing in one location in the County. The property may be developed entirely as commercial. entirely as residential. or as a mixture of residential and commercial uses. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: a. Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the C-3 zoning district, both by right and by conditional use, as listed in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict. Additionally, the following uses are allowed: 1. Department store (5311), 2. Hotel (7011, hotel only), 3. Dental laboratories (8072), and 4. Nursing and personal care facilities (8051). b. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), and one hotel (maximum FAR 0.6 and a maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre of hotel or ALF. the maximum allowable commercial GFA shall be reduced by 10,000 square feet. 2. Residential development shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi-family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses). the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, and a 150-room hotel not to exceed 0.6 FAR. and an Assisted Living Facility at a 0.6 FAR. Additionally. for every acre of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10.000 square feet. 4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited: however. accessory fuel pumps in association with a grocery store or membership warehouse type facility greater than 15.000 square feet of GFA are allowed. 5. A recreational site for the use of the adjacent RV or mobile home narks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool, clubhouse, and tennis courts. 2 Words underlined are added; words smock through are deleted. Row of asterisks(**** **** ****) denotes break in text. 28 Oct Version Packet Page -93- 5/26/2015 9.A. PL20130001767 C. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2. The subject site will be developed with a common architectural and landscaping theme, to be submitted with the first Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect, to the maximum extent feasible, internal connectivity through shared parking and cross-access agreements. 4. Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 5. At the time of Site Development Plan approval, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1(13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. **** **** **** **** **** **** **** **** **** **** **** [Page 141] Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Mixed Use Subdistrict Map 3 Words underlined are added; words struck through are deleted. 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PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF MEETING I NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,April 28, 2015 in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS,UP TO 250,000 SQUARE FEET OF COMMERCIAL USES,A 150 ROOM HOTEL,AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT,AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S.41(TAMIAMI TRAIL EAST)IN SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA CONSISTING OF 30.68±ACRES, [PL201 30001 76 7/CP-2013-10] 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 ESTABLISHED 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 PLANNED UNIT DEVELOPMENT(PUD)ZONING DISTRICT TO w A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE Z KNOWN AS THE VINCENTIAN VILLAGE MPUD,TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 >- MULTIFAMILY RESIDENTIAL DWELLING UNITS,UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES,A HOTEL LIMITED TO 150 ROOMS,AND AN ASSISTED LIVING FACILITY(ALF)AT 0.6 FAR. Q THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED.THE SUBJECT PROPERTY PI IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION w 32,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ) ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37,THE VINCENTIAN PUD;AND BY Q PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726] Lf1 NNxaS MANOR EEEr,.n oNr fV wau 28 27 m 0 u a LOA wums ,N+S COVE' I u L mEE.OPT �`-' PROJECT LOCATION ACRES 32 • JJ ]a 0) (S) C MNT*N M MAWS ♦1C10roA All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples, between the hours of 8:00 A.M. and 5:00 PM., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor, Collier County Government Center,3299 CO East Tamiami Trail,Suite#401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the ir • documents should be directed to the Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,April 28,2015,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 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 TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon Deputy Clerk(SEAL) No.231121302 April 8.2015 Packet Page -97-