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Agenda 07/07/2015 Item #17C7/7/2015 17.C. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008 -02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50 -foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on -site native vegetation retention requirement to be satisfied off -site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA- PL20140000867] OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Lane Park CPUD was originally approved in Ordinance Number 08 -02 on January 15, 2008. (Please see Attachment: Ordinance Number 08 -02.) The CPUD (Commercial Planned Unit Development) allows for 50,000 square feet of commercial development (C -1 through C -3 uses) on a 5.27 + /- acre site. The subject property is located within the Livingston/Radio Road Commercial Infill Subdistrict of the Collier County (GMP) Growth Management Plan. The petitioner seeks to: • Provide for flexibility for the off -site relocation of the required .49 acre preserve in accordance with Land Development Code (LDC) requirements; • Remove the square footage limitations within the PUD applying to retail type services; • Amend the Master Concept Plan to show the relocation of a portion of the existing drainage easement in addition to other minor changes; and • Amend the Master Concept Plan to show an additional access off of Market Avenue. The attached proposed PUD document has been amended accordingly. The 5,000 gross square - foot area limitation has been removed from the otherwise code prescribed floor areas listed in Exhibit A of the proposed PUD ordinance. The Development Standards Table in PUD Exhibit B has been amended to show that the front yard setbacks along Radio Road and Market Avenue have been reduced from 50 feet and 200 feet respectively to 25 feet, consistent with the Radio Road setback. The preservation Packet Page -2691- 7/7/2015 17.C. requirement has been increased from .45 acres to .49 acres. A footnote indicates that the on -site preserve may be satisfied off -site in accordance with the LDC. As noted above, the petitioner has provided two (2) proposed Master Plans, each depicting four (4) subdivided parcels. One Master Plan shows an on -site preserve area and the other Master Plan does not show an on -site preserve area, in the event the off -site preserve option is utilized. The List of Developer Commitments in PUD Exhibit F have been revised to eliminate several Transportation Commitments related to access points, easements and "fair share" contributions for Livingston Road - which has since been constructed. Additional commitments related to the preserve size, permitted uses and relocation have also been added to PUD Exhibit F. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed PUD amendment consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the attached Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The CCPC heard petition PUDA- PL20140000867, Lane Park Commercial Planned Unit Development (CPUD) on June 4, 2015, and by a vote of 6 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Lane Park PUD (Ordinance 08 -02, as amended). The burden falls upon the applicant to prove that the proposed amendment is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the amendment, to determine that Packet Page -2692- 7/7/2015 17.C. such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Amendment: Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUDA with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUDA regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern? Packet Page -2693- 7/7/2015 17.C. 11. Would the requested PUD Amendment result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably') be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD Amendment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. Packet Page -2694- 7/7/2015 17.C. 26. Are there other factors, standards, or criteria relating to the PUD Amendment request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (SAS) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDA- PL20140000867, Lane Park Commercial Planned Unit Development (CPUD). Prepared by: Nancy Gundlach, AICP, RLA Planning & Zoning Attachments: 1) Staff Report 2) Proposed RPUD Ordinance 3) Ordinance 08 -02 4) Location Map 5) Master Plans 6) Legal Ad 7) Application/ Environmental Documents/ TIS — go to: http:/ /,A,%Arw.colliertrov. net /ftp /A2enda.Tuly07l5 /GrowthM2mt /Application for La ne Park CPUD 6- 10- 15.ndf Packet Page -2695- 7/7/2015 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008 -02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50- foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on -site native vegetation retention requirement to be satisfied off -site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA- PL20140000867] Meeting Date: 7/7/2015 Prepared By Name: GundlachNancy Title: Planner, Principal, Growth Management Department 6/10/2015 5:20:29 PM Submitted by Title: Planner, Principal, Growth Management Department Name: GundlachNancy 6/10/2015 5:20:30 PM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/11/2015 4:09:24 PM Packet Page -2696- 7/7/2015 17.C. Name: BellowsRay Title: Manager - Planning, Growth Management Department Date: 6/12/2015 9:10:04 AM Name: BosiMichael Title: Division Director - Planning and Zoning, Growth Management Department Date: 6/17/2015 9:21:10 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/21/2015 10:34:20 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Date: 6/22/2015 1:40:13 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/22/2015 2:56:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/25/2015 5:01:45 PM Name: Casa] angui daNi ck Title: Deputy County Manager, County Managers Office Date: 6/26/2015 12:59:14 PM Packet Page -2697- AGENDA ITEM 9 -8 .. .0" CO er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JUNE 4, 2015 7/7/2015 17.C. SUBJECT: PETITION PUDA- PL20140000867, LANE PARK CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) PROPERTY OWNER/AGENT: Owner: Radio Road Joint Venture 1100 5'' Avenue South, Suite 201 Naples, FL 34102 REQUESTED ACTION: Agent: Mr. Tim Hancock, AICP Stantec Consulting Services, Inc. 3200 Bailey Lane, Suite 200 . Naples, FL 34105 The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2008 -02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50 -foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on -site native vegetation retention requirement to be satisfied off -site. GEOGRAPHIC LOCATION: The 5.27± acre subject property is located on the northwest corner of Radio Road and Livingston Road, having a physical address of 4787 Radio Road and 4874 Market Avenue in Section 36, Township 49 South, Range 25 East, Collier County, Florida. (Please see the Location Map on the following page.) LANE PARK CPUD, PUDA- P1 20140000867 May 14, 2015 Donn 4 of 1 G Packet Page -2698- � ®` a ®pp�® ��po'� �le�e�oeoo�� oo��► I OUR IWO EA�RO a �00000� ©0000�0000 a' OWNS w" ape ®vAO® NIMBI Muslim I 1wr m 3 %a / 7 if ag 24 e „ak'� �d �§ m w3 ° .� wave 1 x w.z oavn3Tme vnvaw3 raarn � �� 4 Y W F �da a d awtl NtlW uNm 9t-31V1Sll31N1 � V a Om9Atlnnl oloelatlwa 3tNpa Twaao k 14 ^� JI $ R� R 5 sulrT Doan, ec5 6 $ GAS SS €6 UVfltl NOlAJNINT IL i Nonni ovoa owTVw•iuoaenr pp � 3NtlO aeroNSaw 6gpp p5 E _ bgb1 a _ � a S� AAA Packet Page -2699- 7/7/2015 17.C. 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Z O C Cr a i w / -o i 0 UJ w 1 j F- w a I z Q �, Q U-1 N w LU a w Q w Q EL a U c a E �i U� r- a it , II om Z� tN- z w W' 5wwZCL w E= Q w� w OJ O J w w w w QFe wvwiwy 8- a- w 0 i OL w Q m � N it E z -li O x c n D LL1 00 U > N C LLI C`') Q z U 5 D N r C O � N � n O 2 L a w E o � z N j Z o � $ o c »- v 0 N O o } C o� o � r a Q ui 0 z tn 'Q 7 N m !2 � a i- � i U p a tt 1 1 1 L U �J Q U Q — -"I Radio Road Adjc _ I Use: Commercial Packet Page - 2701 -� - —� i 7/7/2015 17.C. 1 Q 1; > C Q I n- U C U3 0, a E o m� o o a U a C w c, C 0 °3E c o 'pp U vn 6 a m N � p N u � v � Q 0 c 0 c 7/7/2015 17.C. PURPOSE/DESCRIPTION OF PROJECT: The Lane Park CPUD was originally approved in Ordinance Number 08 -02 on January 15, 2008. (Please see Attachment B: Ordinance Number 08 -02.) The CPUD allows for 50,000 square feet of commercial development (C -1 through C -3 uses) on a 5.27 + /- acre site. The subject property is located within the Livingston/Radio Road Commercial Infill Subdistrict of the Collier County (GMP) Growth Management Plan. The petitioner seeks to: • Provide for flexibility for the off -site relocation of the required .49 acre preserve in accordance with Land Development Code requirements; (See the proposed Master Concept Plan, with and without the preserve area on the preceding pages); • Remove the square footage limitations within the PUD applying to retail type services; • Amend the Master Concept Plan to show the relocation of a portion of the existing drainage easement in addition to other minor changes; and • Amend the Master Concept Plan to show an additional access off of Market Avenue. The proposed PUD document has been amended accordingly. The 5,000 gross square foot area limitation has been removed from the otherwise code prescribed floor areas listed in Exhibit A of the proposed PUD ordinance. The Development Standards Table in Exhibit B has been amended to show that the front yard setbacks along Radio Road and Market Avenue have been reduced from 50 feet and 200 feet respectively to 25 feet, consistent with the Radio Road setback. The preservation requirement has been increased from .45 acres to .49 acres. A footnote indicates that the on -site preserve may be satisfied off -site in accordance with the LDC. As noted above, the petitioner has provided two (2) proposed Master Plans, each depicting four (4) subdivided parcels. One Master Plan shows an on -site preserve area and the other Master Plan does not show an on -site preserve area, in the event the off -site preserve option is utilized. The List of Developer Commitments in Exhibit F have been revised to eliminate several Transportation Commitments related to access points, easements and "fair share" contributions for Livingston Road - which has since been constructed. Additional commitments related to the preserve size, permitted uses and relocation have also been added to Exhibit F. SURROUNDING LAND USE AND ZONING: North: Market Avenue, then the Collier County Production Park, a developed industrial park with a variety of industrial uses, with an Industrial zoning designation, and a developed lot within the Collier County Production Park on the south side of Market Avenue LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 Packet Page -2702- 7/7/2015 17.C. East: Livingston Road, then the Briarwood Plaza, an undeveloped commercial portion of the Briarwood PUD South: Radio Road, then the Simply the Best Car Wash, with a C -5 zoning designation West: A public utility easement and then developed lots within the Collier County Production Park, with an Industrial zoning designation AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Commercial District, Livingston/Radio Road Commercial Infill Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. That subdistrict is listed below, followed by staff analysis and comments in bracketed, bold italicized text. Livingston/ Radio Road Commercial Infill Subdistrict: This Subdistrict allows for those permitted and conditional uses set forth in Commercial Intermediate Zoning District (C -3) of the Collier County Land Development Code, in effect as of the effective date of adoption of this Subdistrict. (Adopted October 26, 2004 by Ordinance No. 2004 -71). [No new uses are proposed, uses are retained from lite original PUD ordinance LANE PARK CPUD, PUDA- PL2014000OB67 May 14, 2015 Packet Page -2703- 7/7/2015 17.C. number 08 -2.1 The following conditional uses, as set forth in the C -3 district in the Land Development Code, shall not be allowed: 1. Amusements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land Development Code, as amended. 3. Social Services (Groups 8322- 8399). 4. Soup kitchens, as defined by the Land Development Code, as amended. [The above conditional uses are listed in the CPUD, under Exhibit 'A', Prohibited Uses.] To encourage mixed -use projects, this Subdistrict also permits residential development, when located in a mixed -use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre. The gross acreage of the project is used in calculating residential density. [Residential uses are not presently allowed, nor proposed in this project.] The purpose of this Subdistrict is to provide services, including retail uses, to surrounding residential areas within a convenient travel distance to the subject property. The uses are not an entitlement, nor the maximum density for residential uses in a mixed -use building. Such uses, and residential density, will be further evaluated at the time of the rezoning application to insure appropriateness in relation to surrounding properties. [The CPUD provides for retail and services uses, as deemed compatible with the surrounding area.] The maximum development intensity allowed is 50,000 square feet of building area for commercial uses with a maximum height of three (3) stories, not to exceed 35 feet. However, for mixed -use buildings — those containing residential uses over commercial uses — the maximum height is four (4) stories, not to exceed 45 feet. [The maximum commercial use gross floor area is 50,000 square feet The minimum floor space 700 square feet, with a maximum height of 3 stories, as depicted in Exhibit B of the PUD Master Plan. The CPUD does not provide for residential uses over commercial uses. ] Access to the property within the Subdistrict may be permitted from Radio Road, Market Avenue and Livingston Road. Any access to Livingston Road shall be limited to right -in, right -out access. Further, access shall be consistent with the Collier County Access Management Policy in effect at the time of rezoning or SDP application, whichever policy is the more restrictive. [The CPUD Master Plan allows for access points at each of the three roadways surrounding the project Revision. 3 removes all but two "Exhibit F, Developer Commitments ". 1) Site Access will be limited to a maximum of one access point from Radio Road, one access point from Market Avenue, and one access point from Livingston Road; and 2) On written request by Collier County, the developer, or its successor in interest, at its sole cost, shall promptly reduce the Radio Road access to a right -in only condition, with no claim whatever against Collier County. FLUE Policy 5.4 requires new developments to be compatible with the surrounding land area. [Comprehensive Planning Staff leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Please see Zoning and Land Development Review section of this Staff Report.] LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 Pmnc7nf15 Packet Page -2704- 7/7/2015 17.0 In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [As depicted on the PUD Master Plan, the project is bordered to the south by Radio Road, a minor arterial, and to the east by Livingston Road, a minor arterial road, and has access to both.] Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [I. Due to the small size of the project (5.27 acres), actual roads are not anticipated. 2. The CPUD master plan depicts a single parcel development containing parking aisles that circle around the structures.] Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and /or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element, [The subject site is surrounded by two arterial and one local roadway of which connection is provided. However, the property immediately to the west of the site being fully developed with commerciallretail and due to its configuration, interconnection is not feasible.] Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element (COME). The project site consists of 3.28 + /- acres of native vegetation; a minimum of .49 (15 percent) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The applicant also has the option to meet the preserve requirement offsite consistent with LDC Section 3.05.07 H. Lf. Based on the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 0. 4 nF It C Packet Page -2705- 7/7/2015 17.C. Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The LDC requires a .49 +/- acre on -site preserve be provided based on the following calculation: 3.28 acres x 15 percent = .49 +/- acres. The applicant has submitted two Master Plans within the PUD document so as to have the option to meet the preserve requirement off -site the time of subsequent development order approvals. If the site is developed as shown on the Master Plan (page 1 of 2), then the preserve requirement will be met off -site, consistent with LDC Section 3.05.07 H. 11 The second Master Plan (page 2 of 2) shows the preserve on -site. If the Preserve is located off -site, then the Preserve Exhibit (page 2 of 2) will not be required to be revised. Environmental Planning Staff is in agreement with each of the proposed preserve options. Transportation Review: Transportation Division Staff has reviewed this petition and recommends approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoni.'niz and Land Development Review: As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is adjacent to industrial uses west; to the north is Market Avenue, then the Collier County Production Park, a developed industrial park with a variety of industrial uses; to the east is Livingston Road; to the south is Radio Road. The industrial zoned parcels around this subject parcel are developed with industrial uses, thus this project should be compatible with the neighborhood. The development standards contained in Exhibit B of the PUD document reflect a design approach that will provide a variety of commercial use opportunities. Exhibit B of the PUD provides a minimum front -yard setback of 25 feet for Livingston Road, Radio Road, and Market Avenue on lots that are a minimum of 75 feet wide and no less than 10,000 square feet in lot area. Buildings are proposed to not exceed 35 feet in zoned height and 50 feet actual height. Buildings will be limited to a maximum of 50,000 square feet in gross floor area. The Master Plans in Exhibit C depict 10 -foot wide Type A Landscape Buffers where the subject property abuts industrial zoning along the western and a portion of the northern property boundaries. A 15- foot wide Type D right-of-way Landscape Buffer abuts Radio Road, Livingston Road and Market Avenue. No deviations are being sought as part of this PUD amendment petition. LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 D.- O M 9 F Packet Page -2706- 7/7/2015 17.C. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to have the option to relocate the preserve area, to remove retail square footage limitations, and to show an additional access off of Market Street. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall intensity of commercial land uses allowed by the current PUD is not exceeded in the proposed PUD amendment. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 Pons 1 fl of 1 C Packet Page -2707- 7/7/2015 17.C. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the property surrounding the subject site is partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 Panes 11 of 1 F Packet Page -2708- 7/7/2015 17.0 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Not applicable. The proposed uses are already permitted at the subject site. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 P2no 19 of 1F Packet Page -2709- 7/7/2015 17.0 The currently approved type and pattern of development was determined to be suitable when the subject PUD was previously approved. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unwed control of the property and roadway access to the subject site. Additionally, the development will be required to gain platting and /or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed PIanned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses, development standards and developer commitments will help ensure that this project is compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum 30 percent requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. LANE PARK CPUD, PUDA- PL20140000867 May 14, 2015 Packet Page -2710- 7/7/2015 17.C. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards and the petitioner is not seeking any deviations as part of the rezoning action. NEIGHBORHOOD INFORMATION MEETING (NM: The agent/applicant duly noticed and held the required NIM on April 22, 2015. For further information, please see Attachment B: NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA- PL20140000867, Lane Park CPUD, revised on May 12, 2015. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20140000867, Lane Park CPUD to the Board of County Commissioners with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance 08 -02 Attachment C: NIM Summary Attachment D: Roadway Easement Judgment LANE PARK CPUD, PUDA- PI20140000867 May 14, 2015 Packet Page -2711- PREPARED BY: i yvAmw l NANCY GLML , AICP, PLA PRINCIPAL Pt ER ZONING DIVISION REVIEWED BY: RAYM D V. BELLOWS, ZONING MANAGER-- ZONINb DIVISION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION APPROVED BY: SF R EN C , DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT NICK CASALANGUIDA, DEPUTY COUNTY MANANGER GROWTH MANAGEMENT DEPARTMENT LANE PARK CPUD, PUDA- PL20140000867 May 8, 2015 Packet Page -2712- 7/7/2015 17.C. DATE DATE 4 rIg —I<— DATE 7/7/2015 17.C. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008 -02 WHICH ESTABLISHED THE LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT TO REMOVE THE GROSS FLOOR AREA SQUARE FOOTAGE LIMITATIONS ON PERMITTED RETAIL PRINCIPAL USES; TO AMEND THE MINIMUM YARDS AND SITE LIGHTING DEVELOPMENT STANDARDS; TO AMEND THE PUD MASTER PLAN TO REMOVE A PORTION OF THE EXISTING 50 -FOOT DRAINAGE EASEMENT ALONG THE EASTERN PUD BOUNDARY, TO SHOW AN ADDITIONAL PUD ACCESS POINT OFF OF MARKET STREET, AND TO INCREASE THE REQUIRED NATIVE VEGETATION RETENTION ACREAGE; AND TO ADD NEW ENVIRONMENTAL DEVELOPER COMMITMENTS IDENTIFYING THE PERMITTED PRESERVE USES, AND PROVIDING FLEXIBILITY TO ALLOW THE ON -SITE NATIVE VEGETATION RETENTION REQUIREMENT TO BE SATISFIED OFF - SITE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF MARKET AVE. AND LIVINGSTON RD. IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.27± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20140000867] WHEREAS, Tim Hancock, AICP of Stantec Consulting Services, Inc. petitioned the Board of County Commissioners to amend the Lane Park Commercial Planned Unit Development ( "CPUD ") NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to CPUD Document, The CPUD Document, attached as Exhibits "A" through "F" to Ordinance No. 2008 -02 is hereby amended and replaced with the CPUD Document attached hereto as Exhibits "A" through "F" and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [14- CPS - 01389/1175930/1 ] Rev. 4/30/15 1 of 24 , Packet Page -2713- 7/7/2015 17.C. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12015. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN Ag1oles TIM NANCE, Chairman Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E - List of Requested Deviations Exhibit F — List of Development Commitments [I 4 -CPS - 01389/1175930/1 Rev. 4/30/15 2 of 2 C� Packet Page -2714- 7/7/2015 17.C. EXHIBIT A FOR LANE PARK COMMERCIAL PUD Regulations for development of the Lane Park CPUD shall be in accordance with the contents of this CPUD Ordinance and applicable sections of the LDC and GMP in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Apparel and accessory stores with 5,000 the PFIRGipal AFDC WFe (groups 5611 - 5699). 3. Auto and home supply stores Ii�e (group 5531). 4. Automotive services (group 7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 5. Barber shops (group 7241), except barber schools. 6. Beauty shops (group 7231), except beauty schools. 7. Business services (groups 7311, 7313, 7322 -7338, 7361 -7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive- away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers. 8. Child day care services (group 8351). 9. Churches and other places of worship. 10. Civic, social, and fraternal associations (group 8641). 11. Depository institutions (groups 6011 - 6099). Page 1 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 n! 97 Q8 Words stFuG c- thFgwgh are deleted; words underlined are added. V: \2156 \salve \215612124 Len<_ Park _PUDA \PIennin{ \CPUDA —eezone\3rd wdmi "al \Wotkln`DOCuments \Pwlsed_0 15 \ordinance re,d ed 4 -09 -15AOo Packet Page -2715- 7/7/2015 17.C. 12. Eating places (group 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to locational requirements of the LDC. 13. Educational services (groups 8211 -8231, except regional libraries). 14. Food stores with 5,900 StFUCAblFe (groups 5411 - 5499). 15. Gasoline services stations (group 5541 subject to the LDC). 16. General merchandise stores with 9,999 fA_P_t iar 'e-66 9f gF9SS floor aFea iR the I . ., al tee (groups 5331- 5399). 17. Hardware stores with 1,809 SqU@Fe feet eF less Of oFess f'89F aFea In the pFiRe0a4 StFUGtUFe (group 5251). 18. Health services (groups 8011- 8049, 8082). 19. Home furniture, furnishing, and equipment stores with 9,99C) square feet „r less, f (groups 5712 - 5736). 20. Insurance carriers, agents and brokers (groups 6311 -6399, 6411). 21. Legal services (group 8111). 22. Management and public relations services (groups 8741- 8743, 8748). 23. Membership organizations (groups 8611 -- 8699). 24. Miscellaneous repair services (groups 7629 - 7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 25. Miscellaneous retail with 5,90G q feet „ l, Gf @ f' (groups 5912 - 5963 except pawnshops and building materials, groups 5992 - 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 26. Museums and art galleries (group 8412). 27. Nondepository credit institutions (groups 6111- 6163). 28. Offices for engineering, architectural, and surveying services (groups, 0781, 8711 - 8713). 29. Paint, glass and wallpaper stores With 5,009 (group 5231). 30. Personal services with ____Fe- (groups (groups 7211, 7212, 7215, 7216 non industrial dry cleaning only, 7221 -7251, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 31. Photographic studios (group 7221). 32. Physical fitness facilities (group 7991). 33. Public administration (groups 9111- 9199, 9229, 9311, 9411 - 9451, 9511- 9532, 9611, 9661). Page 2 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 Revised 91 22 08 Words StFUC-1 thFOugh are deleted; words underlined are added. VA2156\.tt 0225612124_ Lane Park PUDA \planNngjCPUDA- Re[one \ire submittal \W,rkrnp DOCUmen [s \Revised_010915 \ordinantt reviud_4-0!115 do Packet Page -2716 - 7/7/2015 17.C. 34. Real estate (groups 6531 - 6552). 35. Retail nurseries, lawn and garden supply stores (group 5261). 36. Security and commodity brokers, dealer, exchanges and services (groups 6211- 6289). 37. Shoe repair shops and shoeshine parlors (group 7251). 38. Transportation services (group 4724), travel agencies only. 39. United States Postal Service (group 4311 except major distribution centers). 40. Veterinary services (groups 0742, 0752 excluding outside kenneling). 41. Videotape rental with 5,900 Gq61aFe feet eF less ef OF9SS fleeF area in the PF;AE-ipal rrz (group 7841). 42. Any other commercial use or professional services which are comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated with activities conducted in an office. 43, ARy 9f the feFegeing uses that are swl�ec-t te a gFeSS fie OF -F-- I;—;+,+;__ �L'all hp 4.47 43. Any other principal commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the Board of Zoning Appeals or Hearing Examiner, whichever may be applicable. PROHIBITED USES B. Principal Uses: 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Homeless shelters, as defined by the LDC. 3. Social services (groups 8322- 8399). 4. Soup kitchens, as defined by the LDC. Page 3 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 Revised 0! 22 98 Words StFUC-k tha- ^r h are deleted; words underlined are added. V:\ 2156 \.c --\ 215612124 _Lane– Park_PUDA\panning \[PUDA Rexone \3rd wbmlttal\Wmking Documents \kwlwd_Mn5 \ordinance re fS d.4-0 -15.d— Packet Page -2717- 7/7/2015 17.C. EXHIBIT B FOR LANE PARK COMMERCIAL PUD Table 1 below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP) or subdivision plat. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. TABLE 1 DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT per principal structure, on the finished first floor ADDITIONAL DEVELOPMENT STANDARDS MAXIMUM LOT COVERAGE 30% of entire parcel PRESERVATION REQUIREMENT 845 0.49 acres' SITE IN6 6ight peles prehibited to et lighting r nFg at „n «a„ ex is ne un -site native vegetation preservation retention requirement may be satisfied off -site pursuant to LDC Section 3.05.07.H.1.f. Page 4 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 Revised 91 22 98 Words StFUGli thMugh are deleted; words underlined are added. V� \2156 \act''ve12156173I4 Lane_Park PUDA \ganning \CPUDA_Pexone \3rtl suDmitta� \Working DOCUments \Pevlsetl D109:5 \ordinsnce_revisetl A- 09- :S.aoa Packet Page -2718- %� PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 ft. N/A MINIMUM YARDS (External) Livingston Road 25 S8 ft. SPS Radio Road 25 ft. SPS Market Avenue 25 288 ft. N/A Other Perimeter Parcel Boundary Greater of 15 feet or % height of structure N/A MINIMUM DISTANCE BETWEEN STRUCTURES Greater of 15 feet or Y2 of the sum of building heights N/A MAXIMUM ZONED ACTUAL BUILDING HEIGHT 35 ft. /50 ft. j 35 ft./50 ft. Retail Buildi,Rg-, I 344: WA 94+ee -g u i ld+Rg5 s # 59 #t- WA MINIMUM FLOOR AREA 700 sq. ft.* N/A MAXIMUM GROSS FLOOR AREA 50,000 sq. ft. N/A MAXIMUM NUMBER OF STORIES 3 stories N/A per principal structure, on the finished first floor ADDITIONAL DEVELOPMENT STANDARDS MAXIMUM LOT COVERAGE 30% of entire parcel PRESERVATION REQUIREMENT 845 0.49 acres' SITE IN6 6ight peles prehibited to et lighting r nFg at „n «a„ ex is ne un -site native vegetation preservation retention requirement may be satisfied off -site pursuant to LDC Section 3.05.07.H.1.f. Page 4 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 Revised 91 22 98 Words StFUGli thMugh are deleted; words underlined are added. V� \2156 \act''ve12156173I4 Lane_Park PUDA \ganning \CPUDA_Pexone \3rtl suDmitta� \Working DOCUments \Pevlsetl D109:5 \ordinsnce_revisetl A- 09- :S.aoa Packet Page -2718- %� 7/7/2015 17.C. EXHIBIT C Page 1 of 2 MASTER PLAN FOR LANE PARK COMMERCIAL PUD Page 5 of 10 Lane Park CPU D\PUDA-PL20140000867 Rev. 4/09/15 Revised 0122 08 Words str-UGk thFough, are deleted; words underlined are added. V.\2156\aalve\2L5612124-Llne-Palk-PJDA\pl&,'iMB\CPUDA-RIII,e\3,d-lubmlnal\W,rking D... Packet Page -2719- vp W p v i 2 O. 2 y t7 Ep 5 Avenoe U U U < U < S < < < p. < h I- Pi t < Ck U < < CL L� z < acn < 2 LLi L) 2 Page 5 of 10 Lane Park CPU D\PUDA-PL20140000867 Rev. 4/09/15 Revised 0122 08 Words str-UGk thFough, are deleted; words underlined are added. V.\2156\aalve\2L5612124-Llne-Palk-PJDA\pl&,'iMB\CPUDA-RIII,e\3,d-lubmlnal\W,rking D... Packet Page -2719- 7/7/2015 17.C. EXHIBIT C — Page 2 of 2 MASTER PLAN FOR LANE PARK COMMERCIAL PUD tp 1'r, Ir Fp t M M < Q < < 2 Le < < < d I Z Z m z > rL m Z 6i on cc Al z ? Page 6 of 10 Lane Park CPUD\PUDA-PL20140000867 Rev. 4/09/15 Revised G! 22 Q8 Words el g# are deleted; words underlined are added. V \2156\8aiye\215612224_La,,_Park_PUDA\04---,ng\CPUDA-R.x.-\3,d-submilt.l\W.,kim Do--\RwIsed M 15Wrdlnance_rw-4-4�945 dou Packet Page -2720- lr 7/7/2015 17.0 EXHIBIT D LEGAL DESCRIPTION FOR LANE PARK COMMERCIAL PUD Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1B, as recorded in Plat Book 15, Pages 7 and 8 of the Public Records of Collier County, Florida. and Tract A, COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Plat Book 22, Pages 59 and 60 of the Public Records of Collier County, Florida. Page 7 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 Re ' oised 0122 08 Words StFU .k thMUffh are deleted; words underlined are added. V:\21561VCIW\215612121 Une Pnt_PUDA\pllnning \CPUDOLRNo \3rd VAM[tUNWWklp gocw�. erntRewwc_ oc?91 }1w4�nsnc<_•.er +scs „49?- 13.acre Packet Page -2721- 7/7/2015 17.C. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC FOR LANE PARK COMMERCIAL PUD None Requested. /This Page Intentionally Left Blank Page 8 of 10 Lane Park CPUD \PUDA- PL20140000867 Rev. 4/09/15 Revised 01 22 99 Words wue gh are deleted; words underlined are added, V:\ 11561attive \215612114_tane_Rark.PUOA \planning \CFUDa Rezone \3rtl sarpmlttal \W Ortinp poct,mmis \Rnlsed 0409151ortlina M< revisrtl 4U415 dou Packet Page - 2722 -' EXHIBIT F LIST OF DEVELOPER COMMITTMENTS FOR LANE PARK COMMERCIAL PUD TRANSPORTATION 7/7/2015 17.C. Lt Site access will be limited to a maximum of one access point from Radio Road, one access point from Market Avenue, and one access point from Livingston Road. Any kyinst o ,, b FeqW;Fed. The i55iJ@Ree of the �- A4 e4 54P im ;jdP aPP1; a Lane Park CPUD \PUDA- PL20140000867 Page 9 of SO Rev. 4/09/15 Revised nl l g Words 4844 t4feog# are deleted; words underlined are added. V: \2156 \attive\i15612314 One Perk PUDA \planni,SACPUDA Fesone\3rd_wbmitbl \Working Documents\9w,fttl M915 \ordlnentt„re Wd- 4{0-15. dc= ^4 t Packet Page -2723- 9 7/7/2015 17.C. ingFess PgFess te this laFejer-A shall Aet 43e eligible f9F impac-t fee r--red-46. Ail FequoFed 2.44. On written request by Collier County, the developer, or its successor in interest, at its sole cost, shall promptly reduce the Radio Road access to a right -in only condition, with no claim whatever against Collier County. ENVIRONMENTAL 1. A .49 acre Onsite Preserve will be provided consistent with the attached Preserve Plan based on the following calculation: 3.28 Acres x 15% = .49 Acres. If the site is developed as shown on the Master Plan (page 1 of 2) the preserve requirement will be met offsite, consistent with LDC Section 3.05.07 H.l.f. If the Preserve is located off-site the Preserve Exhibit (page 2 of 2) will not be required to be revised. PRESERVE TRACT PERMITTED USES A. Principal Uses 1. Preserves B. Accessory Uses 1. Passive Recreation 2. Walking and Hiking Trails 3. Water Management Structures 4. Any other permitted preserves accessory uses in accordance with the LDC. Page 10 of 10 Lane Park CPU D \PUDA- PL20140000867 Rev. 4/09/15 Re'A PA n1 22 99 Words stFuek- thFawgl� are deleted; words underlined are added. w .. L.a.t .e t.i.G.f �: _ _ ,iU3nl�ann �g .Ux,.`Cey kei nC,l ..,.F[Cmi.SihNasS. rvg Lbsu ,nLtS'erxne OilI: :S1nf a�nz- _,.+t?n+� a�f -I S..nsY� Packet Page -2724- {. ; 7/7/2015 17.C. ORDINANCE NO. 08- 02 AN ORDINANCE AMENDING ORDINANCE NUMBER WHEREAS, Michael R. Fernandez, of Planning Dev. Inc., representing Radio Road Joint Venture, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 36, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Industrial (I) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for the Lane Park CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissione,Is of Collier County, Florida, this Td day of Gt n N + i^, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT.P.BR , CLERK COLLIER CO Y, FLORIDA BY! —Q .0 BY: ,�.,. Clerk TOM RENNIN t, CH l 4 ally; Approved as to form and legal sufficiency: This ordinance filed with tflii ,Sec ary of ote's Office in Marjok}e M. Stud t- Stirling and ocknow(edgem r} ?f thaE fi ' received this �t do* Assistant County Attorney a B c Packet Page -2725- F2�3 4 5 g )�9 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCL"U"DES THE COMPREHENSIVE ZONING REGULATIONS FOR w CQ THE UNINCORPORATED AREA OF COLLIER N 1` COUNTY, FLORIDA BY AMENDING THE 61 APPROPRIATE ZONING ATLAS MAP OR MAPS BY 5!o a I>/ CHANGING THE ZONING CLASSIFICATION OF THE o, to HEREIN DESCRIBED REAL PROPERTY FROM THE –� INDUSTRIAL (I) ZONING DISTRICT TO THE -- COMMERCIAL PLANNED UNIT DEVELOPMENT m r (CPUD) ZONING DISTRICT FOR THE LANE PARK rno M CPUD LOCATED AT THE NORTHWEST CORNER OF c 25 RADIO ROAD AND LIVINGSTON ROAD, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.27± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, of Planning Dev. Inc., representing Radio Road Joint Venture, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 36, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Industrial (I) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for the Lane Park CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissione,Is of Collier County, Florida, this Td day of Gt n N + i^, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT.P.BR , CLERK COLLIER CO Y, FLORIDA BY! —Q .0 BY: ,�.,. Clerk TOM RENNIN t, CH l 4 ally; Approved as to form and legal sufficiency: This ordinance filed with tflii ,Sec ary of ote's Office in Marjok}e M. Stud t- Stirling and ocknow(edgem r} ?f thaE fi ' received this �t do* Assistant County Attorney a B c Packet Page -2725- 7/7/2015 17.C. EXHIBIT A FOR LANE PARK CCMMER :IAL PUD Regulations for development of the Lane Park CPUD shall be in accordance with the contents of this CPUD Ordinance and applicable sections of the LDC and GMP in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Apparel and accessory stores with 5,000 square feet or less of gross square floor area in the principal structure (groups 5611 — 5699). 3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (group 5531). 4. Automotive services (group 7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 5. Barber shops (group 7241), except barber schools. 6. Beauty shops (group 7231), except beauty schools. 7. Business services (groups 7311, 7313, 7322 -7338, 7361 — 7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories — telephone, drive - away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers. 8. Child day care services (group 8351). 9. Churches and other places of worship. 10. Civic, social, and fraternal associations (group 8641). 11. Depository institutions (groups 6011- 6099). 12. Eating places (group 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to locational requirements of the LDC. 13. Educational services (groups 8211- 8231, except regional libraries). Page 1 of 9 Revised 01 -22 -08 Packet Page -2726- 7/7/2015 17.C. 14. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411- 5499). 15. Gasoline services stations (group 5541 sub iect to the LDQ. 16. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331 - 5399). 17. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (group 5251). 18. Health services (groups 8011 - 8049, 8082). 19. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712 - 5736). 20. Insurance carriers, agents and brokers (groups 6311 -6399, 6411). 21. Legal services (group 8111). 22. Management and public relations services (groups 8741 - 8743, 8748). 23. Membership organizations (groups 8611 -- 8699). 24. Miscellaneous repair services (groups 7629 - 7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 25. Miscellaneous retail with 5,000 square feet or less of gross floor area, (groups 5912 - 5963 except pawnshops and building materials, groups 5992 - 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 26. Museums and art galleries (group 8412). 27. Nondepository credit institutions (groups 6111 - 6163). 28. Offices for engineering, architectural, and surveying services (groups, 0781, 8711 -8713). 29. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (group 5231). 30. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 non industrial dry cleaning only, 7221- 7251, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 31. Photographic studios (group 7221). 32. Physical fitness facilities (group 7991). 33. Public administration (groups 9111 - 9199, 9229, 9311, 9411 - 9451, 9511 - 9532, 9611, 9661). 34. Real estate (groups 6531 - 6552). 35. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (group 5261). 36. Security and commodity brokers, dealer, exchanges and services (groups 6211 - 6289). 37. Shoe repair shops and shoeshine parlors (group 7251). 38. Transportation services (group 4724), travel agencies only. 39. United States Postal Service (group 4311 except major distribution centers). 40. Veterinary services (groups 0742, 0752 excluding outside kenneling). 41. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (group 7841). Page 2 of 9 Revised 01 -22 -08 Packet Page -2727- 7/7/2015 17.C. 42. Any other commercial use or professional services which are comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated with activities conducted in an office. 43. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. 44. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the Board of Zoning Appeals. PROHIBITED USES: B. Principal Uses: 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Homeless shelters, as defined by the LDC. 3. Social services (groups 8322- 8399). 4. Soup kitchens, as defined by the LDC. Page 3 of 9 Revised 01 -22 -08 Packet Page -2728- 7/7/2015 17.C. EXHIBIT B FOR LANE PARK COMMERCIAL PUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP) or subdivision plat. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT per pnncipai structure, on the tinished tirst floor. ADDITIONAL DEVELOPMENT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 S . Ft. N/A MINIMUMLOT WIDTH 75 Ft. N/A MINIMUM YARDS External 0.45 Acres Livingston Road 50 Ft. SPS Radio Road 25 Ft. SPS Market Avenue 200 Ft. N/A Other Perimeter Parcel Boundary Greater of 15 feet or %z height of structure N/A MIN. DISTANCE BETWEEN STRUCTURES Greater of 15 feet or % of the sum of the building heights N/A MAXIMUM ZONED BUILDING HEIGHT Retail Buildings 35 Ft. N/A Office Buildings 35 Ft. N/A MAXIMUM ACTUAL BUILDING HEIGHT 50 Ft. N/A MINIMUM FLOOR AREA 700 S . Ft * N/A MAX. GROSS AREA 50,000 Sq. Ft. N/A MAX. NUMBER OF STORIES 3 Stories N/A per pnncipai structure, on the tinished tirst floor. ADDITIONAL DEVELOPMENT STANDARDS MAX. LOT COVERAGE 30% of entire parcel PRESERVATION REQUIREMENT 0.45 Acres SITE LIGHTING Light poles prohibited except to meet lighting requirements at entry/exits Page 4 of 9 Revised 01 -22 -08 Packet Page -2729- EXHIBIT 1!C}1 Will LAND UK OES+ WFnD11 AILEA *LAC.) x 1 W1 "M t " E411110I 1.63 311W 2 IU"M /OTM LANDSCAPE 0.62 9.9% 3 P6ZWK 0.46 8.Sx GPEII fP110E ANI 4 PAIIl6 1-07 b FADW AREA OLD 13.71L Tom, 3.77* 10M o n a tso DE DRAINAGE E SA MEN7 SPECIAL NOTE.• CONCEPTUAL S17E PLAN IS INTENDED TO BE FLEXIBM BUT MUST BE COMPLIANT WITH CPUD DEVELOPMENT STANDARDS GENERAL NOTES '' VWrn� Y ANDtQA°aNI Ai r V MARKET MARKET AVENUE FWCES, NOME10M 000711 SPACE SHALL NOT OF REDUCED TO � THAN .TOW ASCREAWD PRESERVE AREA SMALL NOT Of �• �a 2. TNETRE ARE 101 ACRES OF NAIIW WGETA TWN 111#ICH ARE NOT �• � F::•:v::•::ti : � • • � ENCT MBERM Or DRAINAGE EASEMENTS ,x01 AC X 13E !� •'• R£7Emyxw/CREAACN wwREIIENT - a45 ACRES 12" ACRES ; :: CREA10 OR APPRavuA7ELr LTLISI LT REGLd1iEWNT, SMALL HE CREAED *.'F;: PRESERVE d �'.'. • 1 PIWSERVES AS DEEPICTED ON MASTER PLAN AAV ARE DEPICTED .' WA7ER ME OF R1E NW17ALL � Aim ROr AU BE LocA Tm AT TrIE ' E: MANAGE7N£NT : ;j• , • , • 1 •x SITE INGRESS AAV EGRESS SMALL BE LAie7ED TO R1DWT -IN AAV +'. t• AR Depicted �' � ' •' 1 RXWT -OUT ORIUEIE M GENERALLY LOCATED AS DEPICTED r • t' 4 mw 69YO LAM Y11.Y1[ 45' as' RADIO ROAD Lw WE= MAW Packet Page -2730 - ?age 5 of 9 L35, 111 tll 111 111 11 I I II li �4 Is. 1r 7/7/2015 17.C. 190' 1230' 400' PLANNING DBVELOPAIENTMICORPORATED axLanffWCVN trAM EN"M ftAWVUMDL4WDWA-[MKTp[Cr7 ems aAemw mom Ml ; mna nasr sums sftmb�mmm -so ►�swmsmsr 7/7/2015 17.C. EXHIBIT D LEGAL DESCRIPTION FOR LANE PARn COIN"I ►ERCIAL PUD Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1B, as recorded in Plat Book 15, Pages 7 and 8 of the Public Records of Collier County, Florida. and Tract A, COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Plat Book 22, Pages 59 and 60 of the Public Records of Collier County, Florida. Page 6 of 9 Revised 0 1 -22-08 Packet Page -2731- 7/7/2015 17.C. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC FOR LANE PARK COMMERCIAL PUD None requested. / This page intentionally left blank. Page 7 of 9 Revised 01 -22 -08 Packet Page -2732- EXHIBIT F LIST OF DEVELOPER COMMITMENTS FOR LANE PARK COMMERCIAL PUD TRANSPORTATION 7/7/2015 17.C. The owner / developer acknowledges that access points depicted on the CPUD Master Plan shall be re- evaluated by Collier County at the time of site development plan (SDP) application and are subject to change. 2. The owner / developer shall provide a 30 -foot wide non - exclusive frontage ingress- egress easement parallel to Radio Road to the County and the owner of the parcel abutting the southern parcel of the subject property subject to easements of record when and if requested by the County. Additionally, the owner / developer shall construct interconnection improvements over the subject property should such an interconnection be required at the time of SDP application by applicable Land Development Code (LDC) development standards or applicable County ordinances. Site access will be limited to a maximum of one access point from Radio Road and one access point from Livingston Road. Any Livingston Road access point shall be within 250 feet of Market Avenue, 4. Payment in lieu of sidewalks along the Livingston Road and Market Street frontages shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Estimates, as amended. The payment shall be provided prior to the issuance of the initial SDP approval for all or any portion of the subject property. 5. All off -site improvements including but not limited to turn lanes and sidewalks shall be completed prior to commencing site construction. 6. The owner / developer shall pay the project's "Fair Share" contributions for roadway improvements as may be required at the time of SDP application as detennined by applicable LDC provisions and /or policies established and approved by the Board of County Commissioners by resolution or ordinance. 7. Nothing in any development order (DO) shall vest a right of access in excess of a right - in /right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action against the County by the developer, its successor in title, or assignee. 1. If any required turn lane improvement requires the use of existing County Rights -of -Way or easements(s), then compensating Right -of -Way shall be provided at no cost to Collier County as a consequence of such improvements. 9. Site- related improvements (as opposed to system - related improvements) necessary for safe ingress - egress to this project shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to issuance of the first CO. Page 8 of 9 Revised 01 -22 -08 Packet Page -2733- 7/7/2015 17.C. 10. On written request by Collier County, the developer, or its successor in interest, at its sole cost, shall promptly reduce the Radio Road access to a right -in only condition, with no claim whatever against Collier County. ZONING The owner /developer acknowledges that any adopted LDC amendment regarding Submittal Requirements for Site Development Plans relating to Outdoor Serving Areas and Permits for Outdoor Serving Areas With or Without Entertainment shall be applicable to this CPUD. Page 9 of 9 Revised 01 -22 -08 Packet Page -2734- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -02 7/7/2015 17.C. Which was adopted by the Board of County Commissioners on the 15th day of January 15, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of January, 2008. DWIGHT E. BROCK Clerk of Courts a�4,,Clerk +J e Ex- officio to.- Bodrd--of�'�, County Commissioners By: Ann Jennej n4 Deputy Clerk Packet Page -2735- � � a 'wee 1r0l0111gJ 0 E-1dd.1--m— 0 s B y 7/7/; rc a� s w m� o� _ i a vy 3 DS O1 ION AW- R pS g xii 6,3111, i `� B raraxve viHrs OOOMWRlB is AVM SONDI ��, ��'OA�O S M_ c R I VE ° 1an00 33ONnO S[-31r1Sb31Nl " e Q ¢a °s 53 V153 m13NN3LLIHM x g ON3BN3LIIMM naV 31Npd wnONO � � C in &� o d"X a m- S W a"wp'm = $� Oa Alla. Sl3Hd50 53x! OOOMr3 n o E � 'nnie OoOMOVINe •� RRR u OX R R F g �� R 8 g lZ9 OVOa NOISONIAI7 R x 00 p Z B aO R p 9 X I — iag F No�turvo z OVON NOISONAII _ h 3 Qyg �d3{ 3Na0 3bOH5Atl0 gg q aia NouanooNd a V � � a 'wee 1r0l0111gJ 0 E-1dd.1--m— 0 s B y 7/7/; rc a� s w m� o� _ i a vy 3 DS O1 ION AW- M15 17.C. C� G V Z Z O N 2 Z O Q U O r� OT O N J d Q D a- Z O H w a pS xii 6,3111, i `� raraxve viHrs V1NVS is oavn3inoe vaveave I-S VE S[-31r1Sb31Nl " e Q 53 V153 m13NN3LLIHM x g ON3BN3LIIMM naV 31Npd wnONO � � C in &� o d"X a m- S W a"wp'm = $� w Sl3Hd50 53x! OOOMr3 n o E lZ9 OVOa NOISONIAI7 9 aea01 avoa ow,Innd- 1NOeaIV I — iag F No�turvo z _ 3 Qyg �d3{ 3Na0 3bOH5Atl0 gg q �= f��Y�..t Packet Page _-2736- M15 17.C. C� G V Z Z O N 2 Z O Q U O r� OT O N J d Q D a- Z O H w a N 5 C N c 0 J C O7 C C 0 N C U 6 Q LIJ a of 7/7/2015 17.C. O N CV 0 ^ 6� O C Q) Q) ( cc o- (� r O O ? O E Q) U U N W N LU C o w w w o! w o! 0 3 a Adjacent Zoning: Industrial o" a O QQC, Q Q pl, E N o U M O N M LO N Q Lq Lq N .p 6 E N Avenue b bmbm a) zo D b bow Q) r w a Q Z N m N w Z < Q N w Z � � Z UJ W 0 0 J N J w V) w J >< > CL w 0 O- 5 C N c 0 J C O7 C C 0 N C U 6 Q T % MMMENNt CO _ • _ Fl E o I ,, Z U !' _0 o ww 1 m ° ~Q O o Q ° 3 z Ir b b Li - - - -I —� !, ow r I � �I I U I I i O � I q U R ! 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Wednesday, June117,2011 5 )) NArPLEs C `,!LY NEW.s NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County Commissioner Meeting Room, 3rd Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, _Florida, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008 -02 WHICH ESTABLISHED THE LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT TO REMOVE THE GROSS FLOOR AREA SQUARE FOOTAGE LIMITATIONS ON PERMITTED RETAIL PRINCIPAL USES; TO AMEND THE MINIMUM YARDS AND SITE LIGHTING DEVELOPMENT STANDARDS; TO AMEND THE PUD MASTER PLAN TO REMOVE A PORTION BOU DY A TOISHOW AN ADDITIONIAL PUD ACCESS POINT OFF OF MARKET STREET, AND TO INCREASE THE REQUIRED NATIVE VEGETATION RETENTION ACREAGE; AND TO ADD NEW ENVIRONMENTAL DEVELOPER COMMITMENTS IDENTIFYING THE PERMITTED PRESERVE USES; AND PROVIDING FLEXIBILITY TO ALLOW THE ON -SITE NATIVE VEGETATION RETENTION REQUIREMENT TO BE SATISFIED OFF -SITE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF MARKET STREET AND LIVINGSTON RD. IN .SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.27" ACRES;, AND BY PROVIDING AN EFFECTIVE DATE. (PUDA- PL20140000867) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda Packets must submit said material a minimum of 3 weeks prior to the respect,ve Public hearing, In any case, written material ,intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. . Any person who decides to appeal a decision of the Board will need a record of the Proceedings pertaining thereto and therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk ° (SEAL) June 17. 2015 NO 2nSgit7q t =. Packet Page -2739-