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Agenda 11/10/2015 Item #17A 11/10/2015 17.A. 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 No. 2001-09, the Pine Ridge Center West Planned Unit Development by adding 40,000 square feet of commercial uses for a total of 140,000 square feet of gross floor area and a parking structure up to 30 feet in height; by increasing the maximum height of all other commercial areas to four stories, or 50 feet; by allowing a portion of the preserve to be off-site; by amending the master plan, and providing an effective date. The subject property, consisting of 8.87+/- acres, is located south of Pine Ridge Road and east of Livingston Road in Section 18, Township 49 South, Range 26 East, Collier County,Florida [PUDA-PL20150000249]. OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development Amendment 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 petitioner is requesting an amendment to the current Pine Ridge Center West Planned Unit Development (PUD) zoning district for the purpose of adding 40,000 square feet of office use, a parking garage with a maximum height of 30 feet, and a provision to locate a portion of the preserve off-site. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element 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: The GMP is the prevailing document to support land use decisions such as this proposed PUD Amendment application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed in the attached CCPC Staff Report. Staff believes that the proposed Amendment may also be found consistent with the Future Land Use Element, GMP Transportation Element and the Conservation and Coastal Management Element. Therefore, Packet Page-1726- 11/10/2015 17.A. Zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on October 15, 2015. The CCPC heard testimony from the Applicant's agent and County Staff. During the discussion, the CCPC requested that the PUD document be modified by limiting the height of lightpoles, clarifying an interconnection to the west, and clarifying that platted tract P-3 be retained on-site as the preserve. Those changes have been incorporated into the attached PUD document. A motion was made by Commissioner Solis and seconded by Commissioner Ebert to recommend approval. The motion passed by a vote of 5-0. LEGAL CONSIDERATIONS: This is a PUD Amendment. The burden falls upon the applicant to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Packet Page-1727- 11/10/2015 17.A. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) Packet Page-1728- 11/10/2015 17.A. 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 rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the 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. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board approves the Pine Ridge Center West PUD Amendment, subject to the attached PUD Ordinance. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1) Ordinance 2) Staff Report 3) Supplemental Staff Report—Transportation 4) Application http://www.colliergov.net/ftp/2015BCCMeetin2s/Aaendallov1015/GrowthMamt/1 All CC PC PineRidgeCenterpoes.pdf 5) Public Notice Packet Page-1729- 11/10/2015 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 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 No. 2001-09, the Pine Ridge Center West Planned Unit Development by adding 40,000 square feet of commercial uses for a total of 140,000 square feet of gross floor area and a parking structure up to 30 feet in height; by increasing the maximum height of all other commercial areas to four stories, or 50 feet; by allowing a portion of the preserve to be off-site; by amending the master plan, and providing an effective date. The subject property, consisting of 8.87+/- acres, is located south of Pine Ridge Road and east of Livingston Road in Section 18,Township 49 South, Range 26 East, Collier County, Florida [P U DA-P L20150000249]. Meeting Date: 11/10/2015 Prepared By Name: ReischlFred Title: Planner,Principal, Zoning 10/12/2015 12:27:01 PM Approved By Name: BellowsRay Title: Manager-Planning,Zoning Date: 10/20/2015 5:03:04 PM Name: PuigJudy Title: Operations Analyst, Operations&Regulatory Management Date: 10/21/2015 4:31:32 PM Name: BosiMichael Title: Division Director-Planning and Zoning, Zoning Date: 10/21/2015 4:37:56 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Packet Page-1730- 11/10/2015 17.A. Date: 10/21/2015 4:41:23 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/22/2015 2:47:55 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/26/2015 10:53:47 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 10/26/2015 11:15:19 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 4:58:52 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/29/2015 5:30:55 PM Packet Page-1731- 11/10/2015 17.A. ORDINANCE NO. 15 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-09, THE PINE RIDGE CENTER WEST PLANNED UNIT DEVELOPMENT BY ADDING 40,000 SQUARE FEET OF COMMERCIAL USES FOR A TOTAL OF 140,000 SQUARE FEET OF GROSS FLOOR AREA AND A PARKING STRUCTURE UP TO 30 FEET IN HEIGHT; BY INCREASING THE MAXIMUM HEIGHT OF ALL OTHER COMMERCIAL AREAS TO FOUR STORIES, OR 50 FEET; BY ALLOWING A PORTION OF THE PRESERVE TO BE OFF-SITE; BY AMENDING THE MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 8.87+/- ACRES, IS LOCATED SOUTH OF PINE RIDGE ROAD AND EAST OF LIVINGSTON ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA- PL20150000249] WHEREAS, on February 27, 2001, the Board of County Commissioners approved Ordinance No. 2001-09, which established the Pine Ridge Center West Planned Unit Development (PUD); and WHEREAS, Robert J. Mulhere, FAICP of HoleMontes, Inc. representing Kraft Office Center North Parcel, LLC, petitioned the Board of County Commissioners of Collier County, Florida,to amend Ordinance 2001-09,the Pine Ridge Center West PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to PUD Document of Ordinance Number 2001-09, Pine Ridge Center West. The Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 2001-09, the Pine Ridge Center West PUD, is hereby amended and attached hereto as Exhibit"A". SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [15-CPS-01434/1216826/1]72 Page 1 Pine Ridge Center West/PUDA-PL20150000249 10/20/15 Packet Page-1732- 11/10/2015 17.A. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko \ .> Managing Assistant County Attorney �"� Attachment: Exhibit A—PUD Document (including Revised Master Plan) [15-CPS-01434/1216826/1]72 Page 2 Pine Ridge Center West/PUDA-PL20150000249 10/20/15 Packet Page -1733- 11/10/2015 17.A. PINE RIDGE CENTER WEST PUD A PLANNED UNIT DEVELOPMENT li - • - : : - - •-- - • - - . . . 1 e . • - : REVISED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 DATE FILED DATE REVISED DATED REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER EXHIBIT "A" Page 1 of 18 Words underlined are added;words struck through are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1734- 11/10/2015 17.A. LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C COMPOSITE MASTER PLAN EXHIBIT D PERMITTED BUILDING DESIGN EXHIBIT E PERMITTED BUILDING DESIGN EXHIBIT F PERMITTED BUILDING DESIGN Page 2 of 18 Words underlined are added;words struek through are deletions H:\2015\2015010\PUDAWPost CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1735- 11/10/2015 17.A. STATEMENT OF COMPLIANCE The development of approximately 8.87 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center West PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center West PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban—Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located approximately 3/4 mile west of the intersection of I-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 675. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7'6. All final local development orders for this Project are subject to Division 3.15, the Adequate Public Facilities;provisions of the Collier County Land Development Code and applicable policies as sot forth ix Policy 3.1 of the Future Land Use Element. II Page 3 of 18 Words underlined are added;words stfuelE4hcough are deletions H:\20I5\20150I0\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1736- 11/10/2015 17.A. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Center West PUD. 1.2 LEGAL DESCRIPTION That portion of the West %2 of the West %2 of the Northeast '/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. 1.3 PROPERTY OWNERSHIP 7622 Pebble Creek Circle#20'1 1.43 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mile west of I-75, in the unincorporated area of Collier County, Florida. 1. .4 PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the Rules of South Florida Water Management District. Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone"X"per Flood Insurance Rate Map(FIRM Panel#120067 0425 D). Page 4 of 18 Words underlined are added;words are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1737- 11/10/2015 17.A. The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is in to FLUCCS. The approximate southern half is classified as Fallow Crop Land according PP pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. 1.65 PROJECT DESCRIPTION The Pine Ridge Center West PUD will include a mixture of commercial and office uses. The Pine Ridge Center West PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting,roadway treatments,fences and buffers. The Master Plan is illustrated graphically on Ex-' " ," • - ` ' ' - ' '-• • -• - - - 1.7-6 SHARED FACILITIES — I For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD,and whose legal description is as follows: That portion of the East '/2 of the West V2 of the Northeast '/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Peter Longo and Mark Longo whose address is: c/o The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.$7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West Planned Unit Development Ordinance." Page 5 of 18 Words underlined are added;words s hrough are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1738- 11/10/2015 17.A. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Pine Ridge Center West PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit applications. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of these regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this Petition PUD will be subject to a concurrency review under the provisions of Division 3.15, the Adequate Public Facilities; provisions of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. B. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Page 6 of 18 Words underlined are added;words struck through are deletions H:\2015120150101PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1739- 11/10/2015 17.A. Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of . , = ' = - -• - •• the Land Development Code regarding Site Development Plans,, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in the LDC said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. Page 7 of 18 Words underlined are added;words sHaek-Lough are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015 docx Packet Page-1740- 11/10/2015 17.A. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C"of the site as shown on Exhibit"A," PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.87-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area"A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B"Permitted Principal Uses and Structures: 1. All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. Building Construction—General Contractors (groups 1521-1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring, insulation material, and fencing, 5231-5261). 4. Construction— Special Trade Contractors (groups 1711-1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743-1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning buildings Page 8 of 18 Words underlined are added;words struek-dxeagh are deletions H.1201512015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1741- 11/10/2015 17.A. n contractors, fence construction contractors, counter top mstallatlo , contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). 5. Miscellaneous Repair (groups 7622-7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. C. Area"C"Permitted Principal Uses and Structures: 1. Apparel and Accessory stores(groups 5611-5699). 2. Auto Supply stores(group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421-5499). 6. General Merchandise Stores (groups 5311-5399). 7. Health Services (groups 8011-8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712-5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents,Brokers, and Services(group 6411). 11. Legal Services(group 8111). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). 13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores III (groups 5231-5261). Page 9 of 18 Words underlined are added;words stv sek-through are deletions 1-1:\2015'2015010\PUDA\Post CCPC1Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1742- 11/10/2015 17.A. 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221-7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711-8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813,only in conjunction with Eating Places). 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. 4. Parking structures, limited to two stories, not to exceed 30 feet in actual height, limited in location to one of the following two options: (a) within slatted Tract B or b ad'acent to slatted Tract B to the south. If located to the south, the parking structure may be wholly or partially located in the platted preserve Tract P-4. Any impacts to the preserve shall be mitigated for offsite in accordance with environmental commitment 4.10.A. E. The commercial land uses permitted by Section 3.3 B and 3.3 C, above, shall be increased from 100,000 square feet of gross floor area to 140,000 square feet of gross floor area for the entire PUD. The additional 40,000 square feet of gross floor area is limited to office use and allocated to Tract B of the 3500 Corporate Plaza Subdivision Plat, as recorded in Plat Book 44, Page 24 of the Official Records of Collier County. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Page 10 of 18 Words underlined are added;words stfuek-threngh are deletions H.\2015\2015010\PUDA\Post CCPCCPine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1743- 11/10/2015 17.A. Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75 feet. C. Minimum Yards: (1) Principal structures: (a) Front yards—Twenty-five (25)feet. (b) All Yards Along Pine Ridge Road—Twenty-five(25) feet. (c) Side Yards—Ten (10)feet. (d) Side Yards external to the PUD—Fifteen (15) feet. (e) Rear Yards—Fifteen (15)feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application:, except for parking structures, which shall comply with the following setbacks: (a) Front Yards/Adjacent to Kraft Road—Twenty-five(25) feet. (b) Adjacent to PUD perimeter—Ten(10)feet. (c) Side Yard — Zero (0) if adjacent to another parcel within the Pine Ridge Center West PUD or Ten (10) feet. (d) Rear Yards—Ten (10)feet. (e) Min. Separation Between Structures —Ten (10) feet or as required by Fire Code. D. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Height: Page 11 of 18 II Words underlined are added;words sti iek-tlhreagh are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page -1744- 11/10/2015 17.A. Three (3) Four(4) stories or forty (40) fifty (50) feet, actual height, whichever is more restrictive. F. Off-Street Parking and Loading Requirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Di-viOion 2,3 o f the Land Development Code in effect at the time of building permit application. G. Landscaping and Buffering Requirements: As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. H. Signs: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. Distance Between Principal Structures: Ten (10) feet. J. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.9B of this PUD Document. K. Lighting: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted; however, lighting within the parking structure is limited to 12 feet above the top of the parapet wall. Lighting shall meet the architectural standards further described in Section 4.9B of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto adjacent properties. Page 12 of 18 Words underlined are added;words s41,1ek4hceugh are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1745- 11/10/2015 17.A. L. Architectural Building Design: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits"D"to"F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. II Page 13 of 18 Words underlined are added;words stw ek threugh are deletions H:\2015\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1746- 11/10/2015 17.A. SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modification as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by the commitments within this Agreement. 4.3 PUD MASTER PLAN A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operations and maintenance of all service utilities and all common areas in the Project. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Page 14 of 18 Words underlined are added;words struelc through are deletions H:120I5\2015010\PUDA\Post CCPC'Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1747- 11/10/2015 17.A. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. B. If the property is subdivided into two (2)or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64, as amended or superseded. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum main shall be required to serve the site, providing calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 as amended or superseded, and all federal, state and other existing rules and regulations. Page 15 of 18 Words underlined are added;words are deletions H:\20I 5\2015010\PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page -1748- 11/10/2015 17.A. 4.8 TRAFFIC A. The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for all future maintenance as a condition of this PUD. B. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended or superseded from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-of-way for turn lanes and median areas shall be dedicated by the Developer to reimburse the County for the use of existing rights-of-way. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. F. The County reserves the right to acquire right-of-way for the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. G. Site specific road improvements required for this project shall be in place prior to the issuance of any Certificates of Occupancy for development. H. Road impact fees shall be paid in accordance with Ordinance No. 200046 2001- 13, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Page 16 of 18 Words underlined are added;words struck through are deletions H:\2015\20150101PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1749- 11/10/2015 17.A. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000-56, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. J. Development shall be limited to a maximum of 340 unadjusted two-way, PM peak hour trips. K. A detailed evaluation of project access points, turn-lanes, and nearby intersections will be provided at time of Site Development Plan. L. The interconnection to Brvnwood Center PUD shall be constructed prior to any certificate of occupancy being issued for development on Platted Tract B. 4.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. 4.10 ENVIRONMENTAL A. A minimum of 1.3 1 acres of preserve •: . • ..• •• : is required to be•provided:, - .. -_ .. _ ._ _ _ -• -- - - - -:• . . _ .. - --_. The required 1.31 acres of preserve or a portion thereof can be satisfied off-site in Page 17 of 18 Words underlined are added;words struek4hfou0 are deletions H:\2015\2015010TUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page-1750- 11/10/2015 17.A. accordance with LDC Section 3.05.07.H.1.f.i.a); however, any remaining portions of on-site preserves must be a minimum of one acre in size, per LDC Section 3.05.07.H.1.f.ii.c).All of Platted Tract P-3 Preserve shall be retained as preserve.•• - _ .,- . •. - . . , •-:, . . -- - -- - -- - . _. - - • • - ---•-: -- - - . - - - _ • C. Petitioner shall-comply with the gaidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Page 18 of 18 Words underlined are added;words struelk-threagh are deletions H:\2015\20150101PUDA\Post CCPC\Pine Ridge Center West PUD(PL-20150000249)10-15-2015.docx Packet Page -1751- 11/10/2015 17.A. 0 D i Z-7 S31JVA'M'O'!i - a02139af23 3Nid o j o . w 4 0 r _._ O ZWr = 0 77 Z per,j W sE w cn w il a y 0 Z 0 “ 1 Gvw�ZJ -__L________ r=-� LL at-J h» a 0,dvti - - - _ � aO Wr c��p I- o r- - ---- -� i I j O0, OWi C,_, I- CC cr w <acn W Q r N w W iu,1 1 0 o a. Ccao p osm ,>', �'I u 0 aio ow < � Q o.axati W M' a ar0 Ji- W • o o 0 0 fn ►- •C' W � 1 W a w m .Q. r m_ v:v;, z F- W w0E- LLa � zs4z � Q I v ¢ II ¢ t- cnm< _Oz (l) �vz¢. 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I . . .•.i • V.117 1 1 . •.A.' .1 N • V .'.'',•••••;•• 1,,In• i •4IV I I iR 4. v..' . • Ill ... ... . .. . .. . .. , • .... - , • _,...................,..0.....,.. fif , .„„.....--, • .. . .. 0 ...,. 0,- •'1./..$ . ' •NI , f. ...,..... . • .041 , ... .I, . . . G • ...,..........__ „ . . . . . . . • . .. 1 ,. • -% .., .. I . . • , . ' ( ..1 I . . . • ..... . .. ...-..-..... Packet Page -1758- 11/10/2015 17.A. Cofer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 15,2015 SUBJECT: PUDA-PL20150000249: PINE RIDGE CENTER WEST PUD PROPERTY OWNER,APPLICANT& AGENT: Owner/Applicant: Agent: Kraft Office Center North Parcel, LLC Robert J. Mulhere,FAICP 3530 Kraft Road, Suite 204 Hole Montes, Inc. Naples, FL 34105 950 Encore Way Naples,FL 34110 Owners: 3500 Corporate Plaza Property Owners Germain Real Estate Company, LLC Association 13315 Tamiami Trail North 3530 Kraft Road, Suite 204 Naples, FL 34110 Naples, FL 34105 REQUESTED ACTION: The applicant requests an amendment to the Pine Ridge Center West Planned Unit Development (PUD). The applicant wishes to add"parking garage"as an accessory use (limited to two stories), add 40,000 square feet of commercial uses (for a maximum of 140,000 square feet), increase the maximum building height to four stories or 50 feet, and permit a portion of the preserve to be relocated off-site. GEOGRAPHIC LOCATION: The subject site is 8.$7± acres in size and is located west of Interstate 75, south of Pine Ridge Road, and east of Livingston Road. The site is accessed from Pine Ridge Road. It is located within Activity Center 10. (See location map on the following page.) PURPOSE AND DESCRIPTION OF PROJECT: The applicant wishes to retain the existing office and commercial uses and add 40,000 square feet to the existing maximum of 100,000 square feet for a revised maximum of 140,000 square-foot gross floor area. The applicant also wishes to add a parking structure with a maximum height of Pine Ridge Center West, PUDA-PL20150000249 Page 1 of 11 Rev. October 8,2015 CCPC Packet Page-1759- 11/10/2015 17.A. R , * $ i 7 yyy 11, CI i \II 2\ill 1 .- ' Ri g t g 1 R a a a i 2 3Nn Iw3''•oe.^ 0 II] Any MO mums a R Da s CO g a @6 0 d�0 '��v Pl. a .� PIA ti Q R yy— �. > x U d; r*it Q S` 1.� j O Q ■m $ f✓ I.wu D ID yy (� -1 mama coma o a w ° . a < �`4p4:0G::GSb::b aq 5 ity 11 iF CD 5 § ' 10- " lI� li a R . i i. g t i�n{ ��stir ii g-T,Zi a Z a a a Q (;SC `© Q®�Q©�� O .� .�. N V t7 i a a a . 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The applicant also requests that a portion of the preserve be taken off site, with a minimum of a one-acre on-site preserve required. SURROUNDING LAND USE AND ZONING: North: Pine Ridge Road ROW,across which is commercial development,zoned Naples Gateway PUD; no maximum intensity given. East: Commercial buildings, zoned Pine Ridge Center PUD (a maximum of 100,000 square feet of commercial). South: Community facility (hospice),zoned Avow Hospice CFPUD. West: Undeveloped land,zoned Brynwood Center CPUD; (a maximum of 140,000 square feet of commercial). � .� , r�9 ,4!t- 3,11' Sdt 1d s1,14z,'„ k p $( 1.G'ui`T.%''&2'dt42Y"'.tuawrw.wL YI tit Trirur1171 1 9:115,1- zut 4 I 7 Ft, . 1,6111.57 ;d. 1 L. f I tom. t ii of .�.� t`�I 1I'I `I TM f$ # i i w .c 1 t* s 4411 •rte Aerial Photo(CCPA) Pine Ridge Center West, PUDA-PL20150000249 Page 3 of 11 Rev. October 8, 2015 CCPC Packet Page-1761- 11/10/2015 17.A. .04, ...., , ......A , ...04141m2 it, 146.1 ' A <� Mill If 00110M Caila 1iI !Y®® 3 _ r' k ,..r ,u.q R Rr r Y� 11113Etpum li i ilp nla..21 .....„ .. Mat one,emo 1 goat gP4mel F Viiiitirige ,h,a .4 Activity Center 10 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Pine Ridge Center West PUD was determined to be consistent with the GMP at the time of the original rezone. Staff reviewed the proposed amendment to determine if the petition can be found consistent with the goals, objective and policies of the overall GMP. FUTURE LAND USE ELEMENT (FLUE): The subject property is designated on the Future Land Use Map and Map Series as Urban Commercial District, Interstate Activity Center (IAC) Subdistrict No. 10. This PUD amendment increases the commercial intensity of the Pine Ridge Center West PUD. Activity Center 10 provisions do not specifically address height or floor area. The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center [including IACs], are as follows: a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. [Pine Ridge Center West began as a PUD (in 2001) and is proposed here as a PUD amendment.] b. The amount, type and location of existing zoned commercial land, and developed commercial uses,both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. [This information was not part of the original (2001) PUD proposal and is not provided for this amendment. Staff notes that the floor area increase discussed in the pre-application conference was 20,000 square feet. The subject amendment doubles this increase,to 40,000 square feet of addition floor area.] Pine Ridge Center West, PUDA-PL20150000249 Page 4 of 11 Rev, October 8,2015 CCPC Packet Page-1762- 11/10/2015 17.A. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. [A market evaluation was not part of the original (2001) PUD proposal and is not provided for this amendment.] d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. [Existing land use information was not part of the original (2001) PUD proposal and is not provided for this amendment.] e. Adequacy of infrastructure capacity, particularly roads. [This determination has been satisfied with the Transportation Planning Staff review of the petition.] f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. [See comments under FLUE Policy 5.4 consideration below.] g. Natural or man-made constraints. [This determination has been satisfied with the Environmental Services Staff review of the petition.] h. Rezoning criteria identified in the Land Development Code. [This determination has been satisfied with the Zoning Services Staff review of the petition.] i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. [This determination has been satisfied with the Transportation Planning Staff review of the petition.] j. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type,median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. [This determination is left to the Transportation Planning Staff as part of their review of the petition.] k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. [This determination has been satisfied with the Transportation Planning Staff review of the petition.] 1. Conformance with the architectural design standards as identified in the Land Development Code. [Conformance with LDC architectural design standards cannot be fully addressed. See comments under FLUE Policy 5.4 consideration below.] The petitioner did not provide analysis of the above factors. Staff notes that all properties fronting the south side of Pine Ridge Road between 1-75 to the east and Livingston Road to the west are zoned commercial to allow a variety of retail and office uses, except for the site developed with a fire station; and,most properties on the north side of Pine Ridge Road between I-75 and Livingston Road are also zoned commercial to allow retail and office uses. FLUE Policy 5.4 requires new developments to be compatible with, and complementary to, the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning Services Staff as part of their review of the petition in its entirety. Staff notes that the subject amendment requests an additional 10 feet [or] 1 story of building height to a maximum of 50 feet/4 stories over the present maximum height of 40 feet/3 stories but that PUD exhibits D, E and F do not illustrate buildings designs of these [current or proposed] heights and suggest buildings will be built at only 2 stories in height. Pine Ridge Center West, PUDA-PL20150000249 Page 5 of 11 Rev. October 8,2015 CCPC Packet Page-1763- 11/10/2015 17.A. Comprehensive Planning Staff also has,observations regarding the increase in commercial intensity proposed. Generally,commercial intensity approximates 10,000 square feet of floor area per acre. The existing 11,274 square feet per acre (100,000 square feet on 8.87± acres) exceeds this 10,000 square feet per acre figure but was previously determined to be compatible with,and complementary to, the surrounding land area. The proposed intensity of 140,000 square feet on 8.87± acres provides 15,783 square feet per acre— a forty percent (40%) commercial intensification. Staff recognizes this commercial intensity is above that customarily provided, but an Interstate Activity Center is the appropriate site for such intensity.] Regarding FLUE Policies 7.1 through 7.4, pertaining to access, interconnection, open space and walkable development — no changes are proposed to access, interconnection or sidewalk provisions, and the PUD must comply with the open space requirements of the LDC. Based upon the above analysis, the proposed Planned Unit Development Amendment may be deemed consistent with the FLUE. TRANSPORTATION ELEMENT: Transportation Planning Staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME): Environmental Planting staff found this project to be consistent with the CCME. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based,specifically noted in LDC Subsection 10.02.13 B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection, 10.02.08 F.,Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal 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 found that it meets the requirements of the LDC. Transportation Review: Transportation Staff reviewed the PUD and found the proposed amendment will not affect the Level of Service. Zoning Review: Please see Findings of Fact. FINDINGS OF FACT: This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E.1.b"A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development." Pine Ridge Center West, PUDA-PL20150000249 Page 6 of 11 Rev.October 8,2015 CCPC Packet Page-1764- 11/10/2015 17.A. PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD Amendment and believes that the addition of square footage and increased building height will not have a major effect on traffic and other infrastructure. 2.Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or 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. Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has determined that this amendment does not affect the PUD's consistency with the GMP, therefore, Staff is of the opinion that this petition may be found. consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD has commercial uses on three sides. The south portion, adjacent to the hospice, has buildings that are existing. Staff considers this to be compatible. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The possible off-site preserve is consistent with the LDC, and open space appears to meet LDC requirements.. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Since a portion of the PUD is developed, the changes will not have a major effect on public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The proposed changes are compatible with the adjacent commercial uses. The subject amendment is an accommodation to 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 Pine Ridge Center West, PUDA-PL20150000249 Page 7 of 11 Rev. October 8,2015 CCPC Packet Page -1765- 11/10/2015 17.A. to a degree at least equivalent to literal application of such regulations. The proposed amendment is consistent with PUD regulations and seeks to meet a desired purpose of providing additional commercial space. Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning Staff finds this petition consistent with the GMP. 2. The existing land use pattern; The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed change will not create a new district, but will amend the area of the approved uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed change will not alter the boundaries of the existing PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The Applicant believes that this location is appropriate for expanded commercial facilities. The proposed rezoning is not necessary. b. Whether the proposed change will adversely influence living conditions in the neighborhood; The closest residential neighborhood is to the southwest (Brynwood Preserve). The southwest portion of the subject PUD has existing buildings. No major effect on that neighborhood is expected. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Transportation Staff reviewed the PUD and found no change to the Level of Service. 8. Whether the proposed change will create a drainage problem; The PUD will be required to meet South Florida Water Management District standards and therefore,will not create a drainage issue. Pine Ridge Center West, PUDA-PL20150000249 Page 8 of 11 Rev.October 8,2015 CCPC Packet Page-1766- 11/10/2015 17.A. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The site planning process, PUD dimensional standards and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The Pine Ridge Center West PUD is existing and should not be a deterrent to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with the 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 could be developed within the parameters of the existing PUD; however, the petitioner believes that additional square-footage will function while keeping the site compatible with the neighborhood. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The proposed change is to permit additional commercial area in a PUD that is already permitted for commercial uses. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pine Ridge Center West, PUDA-PL20150000249 Page 9 of 11 Rev. October 8,2015 CCPC Packet Page-1767- 11/10/2015 17.A. This project will undergo evaluation relative to all federal,state,and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is not seeking approval of any deviations from the requirements of the LDC. ENVIRONMENTAL ADVISORY COUNCIL (EAC)REVIEW: The CCPC sitting as the EAC is not required to hear this petition. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held on August 25, 2015 at 5:30 PM at the Collier County Library, 2385 Orange Blossom Drive. Several questions were asked. There were no objections. The NIM adjourned at 5:45. Please see attached NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on October 2, 2015. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-PL20150000249, Pine Ridge Center West PUD to the BCC with a recommendation of approval. Pine Ridge Center West, PUDA-PL20150000249 Page 10 of 11 Rev.October 8,2015 CCPC Packet Page-1768- 11/10/2015 17.A. PREPARED BY: /o-a - / Ftchep REISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: - U !D•1^/.c— RAY D V.BEL WS,ZONING MANAGER DATE ZO DIVISION MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: At> — -1•5'_ J;d FRE H, DEPUTY DEPARTMENT HEAD DATE (IROWTII MANAGEMENT DEPARTMENT DAVID S. WILKISON, P.E. DATE DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the November 10, 2015 BCC Meeting Pine Ridge Center West,PUDA-P120150000249 Rev.October 8,2015 CCPC Packet Page-1769- 11/10/2015 17.A. C o E;Y County Supplemental Staff Report TO: COLLIER COUNTY PLANNING COMMISSION FROM: CAPITAL PROJECT PLANNING, IMPACT FEES AND PROGRAM MANAGEMENT DIVISION. DARING DATE: OCTOBER 15,2015 SUBJECT: PUDA-PL20150000249,PINE RIDGE CENTER WEST PUD The Collier County Planning Commission(CCPC)is scheduled to hear PUDA-PL20150000249,Pine Ridge Center West Planned Unit Development (PUD) amendment land use petition on October 15, 2015. Transportation Planning staff is providing this supplement to clarify information related to this petition so the CCPC can make an informed decision and recommendation to the Board of County Commissioners(BCC). This petition was reviewed by Transportation Planning staff and determined to be consistent with the Transportation EIement of the Growth Management Plan(GMP), based on the adopted 2014 Annual. Update & Inventory Report (AUIR) . The Traffic Impact Statement (TIS) provided by the agent indicates that traffic generated by the highest and best use allowed by the original PUD (100,000 sq. ft. shopping center) is projected to generate more trips than the existing developed uses combined with the proposed 40,000 square feet addition of general and medical office uses, as identified in the table below Original Land Use Original Size(Square Feet) Original PM Peak Hour Total Trips Shopping Center 100,000 599 TOTAL 100,000 599 Amended Land Use Amended Size (Square Amended PM Peak Hour Feet) Total Trips Warehouse 20,000 21 General Office 75,424 163 Medical Office 32,794 107 Tire Store 11,782 49 . TOTAL 140,000 340 NET CHANGE +40,000 (259) Page 1 of 3 PUDA-PL20150000249,Pine Ridge Center West PUD October 13,2015(last revised) Packet Page-1770- 11/10/2015 17.A. • Subsequent to staff's review of the petition and consistency determination, the 2015 AUIR was developed and presented to the CCPC. The 2015 AUIR is scheduled to be presented to the BCC on November 10, 2015. While the level of service on the impacted roadway segment has changed from the 2014 to the draft 2015 AUIR, staff must review the petition based on the 2014 AUIR per Policy 5.1 of the Transportation Element of the GMP. Therefore, Transportation Planning staff's determination of consistency with the Transportation Element of the GMP is unchanged. It is important to note that concuirency is determined at time of Site Development Plan (SDP) or Plans&Plat(PPL). This development is located within the East Central Transportation Concuirency Management Area (TCMA), concurrency inclusive of possible proportionate share congestion mitigation payments and transportation demand management strategy implementation will be determined at time of SDP/PPL consistent with Section 6.02.02 of the Collier County Land Development Code and the adopted AUIR in place at the time of application. Please refer to the attached documents: Attachment A: Collier County Growth Management Plan,Transportation Element, Objective 5 Attachment B: Collier County Growth Management Plan East Central Transportation Concurrency Management Area Map Attachment C: Collier County Land Development Code, 6.02.02 Page 2 of 3 PUDA-PL20150000249,Pine Ridge Center West PUD October 13,2015(last revised) Packet Page-1771- 11/10/2015 17.A. PREPARED BY: 0....:Agittli I [. . tr 1 •EL 'WYE• OJECT MANAGER DATE CAPI PROJECT PLA ING,IMPACT FEES AND PROGRAM MANAGEMENT REVIEWED BY: ,r) / t :4.� rrI(_--c_ /0 - f t S 4eIICHE E MOSCA;' ICP,PRINCIPAL PLANNER DATE "'CAPITAL PROJECT RYANNING,IMPACT FEES AND PROGRAM MANAGEMENT --- viriy 1 TRINITY gCOTT,TRANSPORTATION PLANNING MANAGER DATE CAPITAL PROJECT PLANNING,IMPACT FEES AND PROGRAM MANAGEMENT OcATAAL-au /0—i3–75— AMY PAT' ERSON, DIRECTOR DATE CAPITAL PROJECT PLANNING,IMPACT FEES AND PROGRAM MANAGEMENT Page 3 of 3 PUDA-PL20150000249,Pine Ridge Center West PUD October 13,2015(last revised) Packet Page-1772- Attachment A- Collier County Growth Management Plan, Transportation Element, t 1,1/10/2015 17.A. Transportation Element (VI)(IX) OBJECTIVE 5: Coordinate the Transportation System development process with the Future Land Use Map. (I14(V)(VI)(IX) Policy 5,1: The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. (IX) Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. (III)(IV) Policy 5.2: Project traffic that is 1% or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development with a de minimis impact shall be pursuant to Section 163.3180(6), Florida Statutes. (III)(Iv)(vl)(IX) Policy 5.3: In order to determine vesting, where desired, all previously approved projects must go through a vesting review pursuant to Subsection 10.02.07.8.7, of the Land Development Code. (1v)(vl)(lX) Policy 5.4: Pursuant to Section 163.3180, Florida Statutes the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 below, and in consideration of the following: (VI)(VIII) A. Any proposed development within the concurrency exception area that would reduce the LOS on Strategic Intermodal System (SIS) roadways within the County by 5% or more of the capacity at the adopted LOS standard shall meet the transportation concurrency requirements specified in Capital Improvement Element, Policy 5.3. (IX)=Plan Amendment by Ordinance No.2013-04 on January 8,2013 16 Packet Page-1773- 11/10/2015 17.A. Transportation Element (VI)(VIII) B. Any proposed development within the concurrency exception area that would reduce the LOS on SIS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.6 are exempt from the transportation requirements of Capital Improvement Element, Policy 5.3. (IV)(VI)(IX) Policy 5.5: Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would be expected to reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would be expected to reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would be expected to reduce vehicle miles of travel. (VI)(IX) Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (shall be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. (IX) d) Vehicular access to adjacent commercial properties with shared commercial and residential parking. (IX)=Plan Amendment by Ordinance No.2013-04 on January 8,2013 17 Packet Page -1774- 11/10/2015 17.A. Transportation Element An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. (IX) Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three years and in three year increments until the TDM strategies are deemed effective. Developments within the South U.S. 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. (IV)(VI) Policy 5.6: The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: A. Northwest TCMA—This area is bounded by the Collier— Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). B. East Central TCMA— This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). (IX) In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department that at least two Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three years and in three year increments until the TDM strategies are deemed effective. (IX)=Plan Amendment by Ordinance No.2013-04 on January 8,2013 1R Packet Page -1775- 11/10/2015 17.A. Transportation Element (IV)(VI) Policy 5.7: Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of this Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 5.3 of the Capital Improvement Element of the Plan. (IV)(VI)(lX) Policy 5.8: Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report (AUIR), by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.7 of this Element, a proportionate share congestion mitigation payment shall be required as follows: (VI)(IX) a. Congestion mitigation payments shall be calculated using the formula established in Section 163.3180(5)(h), Florida Statutes. The facility cost for a constrained roadway link shall be established using a typical lane mile cost, as determined by the Collier County Transportation Administrator, of adding lanes to a similar area/facility type as the constrained facility. (VI) b. Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non-automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. (VI) c. Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and shall not influence the concurrency determination process. (VI)(IX) d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCMA are maintained. Packet Page-1776- 11/10/2015 17.A. CZ x! CV i 4 ur t 11i CO 1,13 1 Q 1,4 Z-.......;",,7- . 0 N 3 w N E m —> A ov r z m c0 E_ E c COLLIER BLVD 12 2 n• "` I C CO 0 �'°"` A. - , Q d Q � to ,, n4w i K. V � _ � �, '' ` " ,t sec. , as z � SANTA BARBARA BLVD i' "' U r i' . N +� s �. � (n d 5z co co : W ®® r ttf r a CO c > d E °;'i : = C CY LIVINGSTON RD W L' 3 c o W \ co C _c a 0 c 0 O Ikklilklik o= > AIRPORT PULLING RD . ,, -- bs�r ,,.„4 S -i rr� k�c�e. lrxr i.��r�r7�' c R'rte c .. i a g O o g =U ? a °C t a. sr liE `E�b= Ho n' K g df o � f N GOODLETTE RD N / a , v U ®®u0 1111 m ■ Packet Page-1777- 11/10/2015 17.A. Attachment C- Collier County Land Development Code, 6.02.02 6.02.02- Management and Monitoring Program A. Generally. In order to implement the mandate of the GMP to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park, and road public facilities are available to accommodate development in the County concurrent with the impacts of development on such public facilities,the BCC establishes, pursuant to the terms of this section: (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility, and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this section. 1. If the County Manager or designee determines that a site development plan or plat application when reviewed cumulatively with projects submitted within the last 6 months from the same master project or development does not meet the transportation concurrency requirements or is contrary to the purpose and intent of this section, as stated above, he may withhold approval of said development order application until adequate capacity is available or require the application submittals to be reviewed cumulatively and subsequent impacts to be distributed and accounted for within the same impact boundary of the master project or development. B. Annual update and inventory report on public facilities.The County Manager or designee shall complete an annual update and inventory report on public facilities (AUIR).The AUIR shall include an analysis of the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities; summarize the available capacity of these capital improvements (public facilities) based on their LOS;forecast the capacity of existing and planned public facilities identified in the 5 year capital improvement schedule for each of the 5 succeeding years, and 10 succeeding years for solid waste landfill capacity; and identify new projects needed to maintain or restore adopted LOS.The forecasts shall be based on the most recently updated schedule of capital improvements and Capital Improvements Plan (CIP) or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida bureau of economic and business research (BEBR), or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent County traffic data. The findings of the AUIR shall form the basis for the preparation of the next annual update and amendment to the CIE,the determination of any area of significant influence (ASI), and the review and issuance of development orders subject to the provisions of this section during the next year. C. Annual determination of adequate "Category A" public facilities (concurrency).The County Manager or designee will annually present the AUIR to the BCC, identifying deficiencies or potential deficiencies in potable water,sewer, sold waste, drainage, parks, and roads public facilities and remedial action options including, but not limited to,the following: 1. Establishment of an ASI; 2. Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via GMP amendment; Packet Page -1778- 11/10/2015 17.A. b. Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the BCC, the state legislature, or the County voters; or d. Private development improvements guaranteed by an enforceable development agreement. D. The findings of the AUIR, once approved by the BCC, will form the basis for the preparation of the next annual update and amendment of the CIE and the annual determination of deficient or constrained "Category A"facilities.The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A"facilities for the next 5 years. The BCC shall provide direction to update and amend the CIE to include projects and revenues (within the first or second years for roads) needed to maintain or restore adopted LOS. Said direction shall constitute a finding of concurrent"Category A"facilities, except roads,for the review and issuance of development orders subject to the provisions of this section until the presentation of the next AUIR, except for any ASI designated areas or other areas subject to interim development controls. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update,the road facilities component of the AUIR will include an audit and update of the capacity balances in the Transportation concurrency Management System database.The update shall factor in all such development approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE The AUIR shall be the annual baseline of an ongoing, real-time concurrency determination for roads. E. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's AUIR analysis and BCC direction, the County Manger or designee shall recommend to the Planning Commission and the BCC an annual update and amendment to the CIE as part of the annual GMP amendment cycle.The recommendation will include the proposed financially feasible public facilities Schedule of Capital Improvements needed to maintain or restore adopted LOS standards as well as recommendations for the annual budget, projects, and suggested funding sources. F. Designation of deficient and constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 6.02.01 D.7. of the LDC. G. Regulation of growth along roadway segments designated constrained. Roadway segments once designated as constrained are subject to the growth restrictions set forth below which are intended to ensure that further LOS degradation does not occur. Except as provided for below in Transportation concurrency Exemption Areas (TCEA) and Transportation concurrency Management Areas (TCMA), deficient constrained roadway segments are subject to growth restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume above the adopted LOS standard. H. Regulation of growth along deficient roadway segment(s). Except as provided for below in Transportation concurrency Exemption Areas(TCEA) and Transportation concurrency Management Areas (TCMA), no trips shall be allotted under a Certificate of Public Facility Adequacy for development that directly accesses and generates more than a de minimis impact(de Packet Page-1779- 11/10/2015 17.A. minimis impact is defined as traffic impact of 1 percent or less of the peak hour service volume) on the deficient roadway segment(s) or for which the significance test in (N) below indicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). I. Transportation Concurrency Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the South U.S.41 Transportation concurrency Exception Area (TCEA) is designated. development located within the South U.S.41 TCEA(Map TR-4) shall be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below. 1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5%of the capacity at the adopted LOS standard and meets the requirements identified below in(3) below are exempt from the transportation requirements of 9J-5.0055(3)(c)1-7, F.A.C. 3. Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Division that at least 4 of the following Transportation Demand Management (TDM)strategies will be utilized: a. Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b. Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e. Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f. Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g. Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h. Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i. Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. 4. Residential developments within the South U.S.41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification that at least 3 of the following Transportation Demand Management(TDM)strategies will be utilized: a. Including neighborhood commercial uses within a residential project. b. Providing transit shelters within the development(must be coordinated with Collier Packet Page-1780- 11/10/2015 17.A. County Transit). c. Providing bicycle and pedestrian facilities,with connections to adjacent commercial properties. d. Including affordable housing(minimum of 25% of the units)within the development. e. Vehicular access to adjacent commercial properties with shared commercial and residential parking. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and are subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network, concurrency analysis will be conducted utilizing the significance tests contained in section 6.02.02 N. below. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. J. Transportation Concurrency Management Areas Designated. Pursuant to Transportation element Policy 5.7 of the GMP, the following Transportation concurrency Management Areas are designated: 1. Northwest TCMA-This area is bounded by the Collier- Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side(Map TR-5). 2. East Central TCMA-This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side; and, Livingston Road (extended)on the west side (Map TR-6)with the exception of 1-75 which is not included in the concurrency analysis. K. Concurrency Standard for TCMA.To maintain concurrency, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS)for a proposed development indicates that fewer than 85%of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. L. Proportionate share payments for impacts to constrained or deficient roadways in a TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minimis amount(more than 1% of the maximum service volume at the adopted LOS),yet continue to maintain the established percentage of lanes miles indicated in paragraph (L) above, a proportionate share payment pursuant to Rule 9J-5.0055(9), F.A.C. shall be required as follows: Packet Page-1781- 11/10/2015 17.A. 1. Proportionate share payments shall be calculated using the formula established in section 10.02.07 C.4.g.The facility cost for a constrained roadway link shall be established using a typical "lane mile cost" as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility. 2. Proportionate share payments shall be utilized by Collier County to add trip capacity and enhance traffic operations that increase capacity within the impacted TCMA and/or to enhance mass transit or other non-automotive transportation alternatives that reduce vehicle trips within the Transportation Concurrency Management Area. 3. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7,Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 4. Proportionate share payments under this section are determined subsequent to a concurrency determination for a proposed development within a TCMA and do not influence the concurrency determination process. S. In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's designated Transportation concurrency Management Areas (TCMAs) shall utilize at least 2 of the following Transportation Demand Management (TDM) strategies,as may be applicable: a. Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b. Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e. Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f. Telecomrnuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g. Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h. Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i. Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j. Providing transit shelters within the development(must be coordinated with Collier County Transit). Packet Page-1782- 11/10/2015 17.A. In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation concurrency Management Areas (TCMAs) shall utilize at least 2 of the following Transportation Demand Management (TDM) strategies, as may be applicable: a. Including neighborhood commercials uses within a residential project. b. Providing transit shelters within the development (must be coordinated with Collier County Transit). c. Providing bicycle and pedestrian facilities,with connections to adjacent commercial properties. d. Including affordable housing(minimum of 25% of the units)within the development. e. Vehicular access to adjacent commercial properties. M. A significance test shall be performed in compliance with the Traffic Impact Study(TIS) Guidelines and Procedures.This significance test is applicable to projects inside and outside Traffic Concurrency Exception Areas (TCEAs) and Traffic Concurrency Management Areas (TCMAs) as adopted in the Growth Management Plan, 1. Impact for traffic impact analysis purposes for a proposed development project will be considered significant when: a. On those roadway segments directly accessed by the project where project traffic is equal to or greater than 2 percent of the adopted LOS standard service volume; b. On those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 2 percent of the adopted LOS standard service volume; or c. On all other adjacent segments where the project traffic is greater than 3 percent of the adopted LOS standard service volume. 2. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. However, site impact analysis shall be conducted in accordance with the TIS Guidelines and Procedures. N. Establishment of an ASI for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the BCC, then the County Manager or designee, may propose to establish one or more ASI for any such deficient road segment. 0. Standards in establishing an ASI. The boundaries for an ASI shall include the limits of the roadway segment(s)that are deficient as recommended by the County Manager or designee. 1. After receipt of the proposed boundaries of a potential ASI, the BCC shall hold public hearings noticed pursuant to the requirements of Chapter 10 of the LDC.After final consideration of the proposal and public comment, the BCC may approve the designation of an ASI (including a map of the impacted roadway segments),with or without modifications, or determine that competent substantial evidence has been introduced into the record to show that the road Packet Page-1783- 11/10/2015 17.A. segment is not deficient and find that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved ASI(s) will become effective upon adoption by the BCC. 2. A map showing the deficient roadway segments(s)within each ASI established by the BCC shall be kept in the community development and environmental services division and the office of the clerk to the BCC for review and inspection by the public during normal business hours. 3. Once the boundaries of an ASI are approved by the BCC,they are valid for 1 year, unless dissolved by the BCC or modified in a subsequent AUIR update. 4. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact greater than 1 percent of the peak hour service volume)to a deficient roadway segment designated as an ASI. Development of a single-family home on an existing lot, tract, or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. (Ord. No. 06-63,§3.11;Ord. No. 08-63,§3,X) Packet Page -1784- 11/10/2015 17.A. Ordinances/Petitions Ordinances/Petitions NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, November 10, 2015, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the • enactment of a County Ordinance. The meeting.will commence z at 9:00 A.M.The title of the proposed Ordinance is as follows: N The purpose of the hearing is to consider: 4 °n AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS { OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE z NO. 2001-09, THE PINE RIDGE CENTER WEST PLANNED rn UNIT DEVELOPMENT BY ADDING 40,000 SQUARE FEET OF N COMMERCIAL USES FOR A TOTAL OF 140,000 SQUARE FEET R OF GROSS FLOOR AREA AND A PARKING STRUCTURE UP TO 30 FEET IN HEIGHT;BY INCREASING THE MAXIMUM HEIGHT OF ALL OTHER COMMERCIAL AREAS TO FOUR STORIES, Q OR 50 FEET; BY ALLOWING A PORTION OF THE PRESERVE ci TO BE OFF-SITE; BY AMENDING THE MASTER PLAN, AND co PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY, vi CONSISTING OF 8.87+/-ACRES,IS LOCATED SOUTH OF PINE Q- RIDGE ROAD AND EAST OF UVINGSTON ROAD IN SECTION • 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. [PUDA-PL20150000249] O A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are CD invited to attend and be heard. N • NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of No the agenda item to be addressed. Individual speakers will be ,., limited to 3 minutes on any item. The selection of any 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. U' 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 respective public hearing. In any case, written materials 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 materials used in ' presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will'need a record of the proceedings pertaining thereto and therefore, 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 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: Martha Vergara,Deputy Clerk (SEAL) October 21,2015 No.749876 Packet Page-1785-