Agenda 06/10/2014 Item #17B 6/10/2014 17.B.
EXECUTIVE SUMMARY
Recommendation to consider an Ordinance amending Ordinance No. 2004-41, as amended, the
Collier County Land Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described real property from a C-1
zoning district to a C-4 zoning district for the project known as Walgreens Naples Rezone located
on Pine Ridge Road,east of Airport-Pulling Road in Section 12,Township 49 South,Range 25 East,
Collier County, Florida, consisting of 1.79± acres; and by providing an effective date [RZ-
PL20130001302).
OBJECTIVE: To have the Board of County Commissioners (BCC)review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding this Rezone
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 a rezone of the subject 1.79± acre site from
the Commercial Professional and General Office (C-1)zoning districts to a General Commercial
(C-4) zoning district. The site consists of a previously developed commercial tract of land
currently used by the YMCA to provide children's daycare services. If this rezone petition is
approved, the subject property would be eligible to be developed with all permitted C-4 uses.
The currently proposed end user is a Walgreens Pharmacy.
The subject 1.79± acre parcel is located at the northeast corner of the Pine Ridge Road (C.R.
896)/Museum Drive intersection, on the south side of YMCA Road, approximately 400 feet east
of Airport-Pulling Road(C.R. 31),between the YMCA and Sports Authority.
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: Future Land Use Element(FLUE):
The 1.79-acre subject property is designated Urban (Urban — Commercial District, Mixed Use
Activity Center Subdistrict (#13), as identified on the Countywide Future Land Use Map of the
Growth Management Plan. The Mixed Use Activity Center Subdistrict allows residential uses,
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mixed use developments, the full array of commercial uses, essential services, and other non-
residential uses.
The proposed rezone is consistent with the GMP, and further detail is provided in the attached
staff report. Therefore, 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 May 1, 2014. By a unanimous vote (7 to 0) recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation
of approval subject to the following limitation:
1) The building height is limited to 50'0"actual height.
These revisions have been incorporated into the Rezone document that is included in the draft
ordinance.
No correspondence in opposition to this petition has been submitted for the current proposal; no
one spoke at the CCPC hearing voicing opposition to the project and the CCPC vote was
unanimous. Therefore,this petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS: This is a site specific rezone from the Commercial Professional
and General Office (C-1) Zoning District to the General Commercial (C-4) Zoning District for a
project to be known as the Walgreens Naples Rezone. The burden falls upon the applicant to
prove that the proposed rezone is consistent with all the criteria set forth below. The burden then
shifts to the Board of County Commissioners (BCC), should it consider denying the rezone,to
determine that such denial would not be arbitrary, discriminatory or unreasonable. This would
be accomplished by finding that the proposal does not meet one or more of the listed criteria
below.
Criteria for Straight Rezones
1. 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?
2. Will the proposed rezone be appropriate considering the existing land use pattern?
3. Would the proposed rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
4. Are the existing district boundaries illogically drawn in relation to existing conditions
on the property proposed for change?
5. Do changed or changing conditions make the passage of the proposed amendment
necessary?
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6. Will the proposed change adversely influence living conditions in the neighborhood?
7. 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?
8. Will the proposed change create a drainage problem?
9. Will the proposed change seriously reduce light and air to adjacent areas?
10. Will the proposed change adversely affect property values in the adjacent area?
11. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
12. Will the proposed change constitute a grant of special privilege to an individual
owner as contrasted with the public welfare?
13. Are there substantial reasons why the property cannot be used in accordance with
existing zoning?
14. Is the change suggested out of scale with the needs of the neighborhood or the
County?
15. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
16. 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.
17. What is 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 [Code ch.106, art.II], as amended?
18. Are there other factors, standards, or criteria relating to this rezone request that the
Board of County Commissioners shall deem important in the protection of the public
health, safety, and welfare?
The proposed Ordinance was prepared by the County Attorney's Office and approved as to form
and legality for Board action. An affirmative vote of four is necessary for Board approval-HFAC
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RECOMMENDATION: Staff concurs with the recommendations of the CCPC including the
height limitation noted in the approval motion and further recommends that the Board of County
Commissioners approve the request subject to the attached Ordinance.
Prepared by: Michael Sawyer, Project Manager, Planning and Zoning Department, Growth
Management Division, Planning and Regulation
Attachments: 1) Staff Report
2) Ordinance
3) Back-up information; Due to the size of this document, a web link has been
provided for viewing at:
http://www.colliergov.net/ftp/AgendaJune10/GrowthMgmt/Walgreens 12Z-
PL20130001302.pdf
•
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to consider an Ordinance amending Ordinance No. 2004-41, as amended,the
Collier County Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by changing the zoning classification of the herein described real
property from a C-1 zoning district to a C-4 zoning district for the project known as Walgreens
Naples Rezone located on Pine Ridge Road, east of Airport-Pulling Road in Section 12,Township
49 South, Range 25 East, Collier County, Florida, consisting of 1.79±acres; and by providing an
effective date [RZ-PL20130001302].
Meeting Date: 6/10/2014
Prepared By
Name: SawyerMichael
Title: Project Manager,Zoning&Land Development Review
5/15/2014 1:40:09 PM
Submitted by
Title: Project Manager,Zoning&Land Development Review
Name: SawyerMichael
5/15/2014 1:40:11 PM
Approved By
Name: BosiMichael
Title: Director-Planning and Zoning,Comprehensive Planning
Date: 5/16/2014 8:10:29 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 5/16/2014 3:27:20 PM
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Name: BellowsRay
Title: Manager-Planning,Comprehensive Planning
Date: 5/22/2014 2:25:19 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/28/2014 7:46:28 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 5/28/2014 10:05:16 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/28/2014 4:03:02 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 5/28/2014 5:16:30 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/29/2014 4:05:35 PM
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AGENT 6/10/2014 17.B.
Co er County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: PLANNING & ZONING DEPARTMENT, GROWTH MANAGEMENT
DIVISION
HEARING DATE: MAY 1, 2014
SUBJECT: RZ-PL20130001302, WALGREENS NAPLES REZONE
PROPERTY OWNER&APPLICANT/AGENT:
Property Owner/Applicant: Contact Purchaser/Applicant:
YMCA of the Palms, Inc. Southeast Investments, Inc.
5050 YMCA Road, 151 Sawgrass Corners Drive, Suite 202
Naples, Fl 34109 Ponte Verdra Beach, Fl 32802
Agents:
Jeffrey Satfield R. Bruce Anderson, Esquire
CPH, Inc. . Roetzel & Andress LPA,
2216 Alamont Avenue, 850 Park Shore Drive,
Fort Myers, FL 33901 Naples,Fl 34103
REQUESTED ACTION:
The petitioners request that the Collier County Planning Commission (CCPC) consider a rezone of
the subject 1.79± acre site from the Commercial Professional and General Office (C-1) zoning
districts to a General Commercial (C-4)zoning district.
GEOGRAPHIC LOCATION:
The subject 1.79± acre parcel is located at the northeast corner of the Pine Ridge Road (C.R.
896)/Museum Drive intersection, on the south side of YMCA Road, approximately 400 feet east of
Airport-Pulling Road (C.R. 31), between the YMCA and Sports Authority, in Section 12, Township
49 South, Range 25 East., Collier County,Florida. (See the location map on the following page.)
RZ-PL20130001302,Walgreens Naples Rezone
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PURPOSE/DESCRIPTION OF PROJECT:
The subject property consists of a previously developed commercial tract of land currently used by
the YMCA to provide children's daycare services. As noted above the development is zoned
Commercial Professional and General Office (C-1)and located in Mixed Use Activity Center 13.
The petitioner is requesting to rezone the subject property from C-1 to C-4. If this rezone petition is
approved, the subject property would be eligible to be developed with all permitted C-4 uses. The
currently proposed end user is a Walgreens Pharmacy.
SURROUNDING LAND USE AND ZONING:
SURROUNDING:
North: A commercial professional and general office development with a zoning
designation of C-1 (Commercial Professional and General Office) zoning district.
East: A developed YMCA with a zoning designation of CF (Community Facility) zoning
designation.
South: The Pine Ridge Road Right of Way then a developed commercial retail center
known as Carillon Center with a zoning designation of PUD (Planned Unit
Development).
West: The Museum Drive Right of Way then a developed commercial retail center known
as Sports Authority with a zoning designation of C-4 (General Commercial).
(See aerial photo on following page).
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The 1.79-acre subject property is designated Urban (Urban — Commercial District, Mixed Use
Activity Center Subdistrict (#13), as identified on the Countywide Future Land Use Map of the
Growth Management Plan. The Mixed Use Activity Center Subdistrict allows residential uses,
mixed use developments, the full array of commercial uses, essential services, and other non-
residential uses.
The Mixed-Use Activity Center (MUAC) Subdistrict is conceptually "designed to concentrate
almost all new commercial zoning in locations where traffic impacts can readily be
accommodated, to avoid strip and disorganized patterns of commercial development, and to
create focal points within the community” and "are intended to be mixed-use in character
...developed at a human scale ...pedestrian oriented, and ... interconnected with abutting
projects — whether commercial or residential. Street, pedestrian pathway and bike lane
interconnections with abutting properties, where possible and practical, are encouraged. "
"Allowable lands uses in Mixed-Use Activity Centers include the full array of commercial uses,
residential uses [at a maximum density (at this location) of 16 dwelling units/acre], institutional
uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other
non-residential land uses as generally allowed in the Urban designation. The actual mix of the
various land uses shall be determined during the rezoning process based on consideration of the
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factors listed below." Each factor is listed below, followed by staff comments/analysis in
.-� [bracketed bold text].
a. Rezones within Mixed Use Activity Centers 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 requests for rezoning must meet the requirements for rezoning in the Land
Development Code. [This petition is not submitted as a PUD. Due to its small size, PUD
zoning does not seem warranted/offers no or minimal benefit.]
b. The amount, type and location of existing zoned commercial land, and developed commercial
uses, within the Mixed Use Activity Center and within two road miles of Mixed Use Activity
Center. [While the petitioner did not directly address this criterion in the application a
map was provided that depicts commercial zoning within 2+ miles of the site, a list of
undeveloped commercial properties zoned C-3 and C-4 within those 2+ miles, and a
general analysis. This information was deemed adequate for staff's review.]
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. [While the petitioner did not directly
address this criterion in the application a map was provided that depicts commercial
zoning within 2+ miles of the site, a list of undeveloped commercial properties zoned C-3
and C-4 within those 2+ miles, and a general analysis. This information was deemed
adequate for staff's review.]
d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles.
[The petitioner did not directly address this criterion but did provide a map depicting
commercial zoning and PUD zoning (residential, commercial, mixed use) within 2+ miles
of the site. Again this information was deemed adequate for staff's review.]
e. Adequacy of infrastructure capacity, particularly roads. [Comprehensive Planning staff defers
to Transportation Planning staff to evaluate the project for traffic impacts and determine
available capacity on affected roadways.]
f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining
properties. [The requested C-4 zoning district allows a maximum building height of 75
feet, surrounding properties are developed with one-story structures containing
commercial and institutional uses, and the intent of the Mixed Use Activity Center is for it
to be "developed at a human scale." However, it is also noted that the developable area of
this site is limited, and increased building height typically yields more stories which
translates into greater parking requirements— thus creating a self-limiting circumstance."
The proposed development will be subject to required design standards including but not
limited to buffering at time of subsequent development orders, specifically Site
Development Plan (SDP).]
g. Natural or man-made constraints. [The site is constrained by frontage on three streets and a
preserve area.]
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h. Rezoning criteria identified in the Land Development Code. [Comprehensive Planning staff
defers to Zoning Services staff for this review.]
i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers
contained in the Land Development Code. [Comprehensive Planning staff defers to
Transportation Planning staff for this review, but notes that no access is proposed to Pine
Ridge Road.]
j. Coordinated traffic flow on-site, as may be demonstrated by a Traffic Impact Analysis, and a
site plan/master plan indicating on-site traffic movements, access point location 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.
[Comprehensive Planning staff defers to Transportation Planning staff for this review.]
k. Interconnection(s) for pedestrian, bicycles and motor vehicles with existing and future adjacent
projects. [The site abuts roads on three sides; the side abutting YMCA Road is impeded by
on-site preserve and drainage area. It is anticipated that vehicular and pedestrian access
will be located on Museum Drive, and a vehicular interconnection to the YMCA site
adjacent to the east will be provided.]
1. Conformance with architectural design standards as identified in the Land Development Code.
[Zoning Services staff will provide a detailed review of the required design standards
during review of subsequent development orders, e.g. Site Development Plan].
Future Land Use Element(FLUE) Policy 5.4 requires new developments to be compatible with, and
complementary to, surrounding land uses. Comprehensive Planning leaves further determination of
compatibility to Zoning Services staff as part of their review of the petition in its entirety.
In order to promote smart growth policies, and adhere to the existing development character of
Collier County, the following FLUE policies shall be implemented for new development and
redevelopment projects, where applicable. Each policy is followed by staff analysis in [bracketed
bold text].
Objective 7:
In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The
Community Character Plan for Collier County, Florida, promote smart growth policies, reduce
greenhouse gas emissions, and adhere to the existing development character of Collier County, the
following policies shall be implemented for new development and redevelopment projects, where
applicable.
Policy 7.1:
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. [The subject site abuts Pine
Ridge Road (CR 896), an arterial road as identified in the Transportation Element. However,
the site is relatively close to the Pine Ridge Road/Airport-Pulling Road intersection and abuts
a local road connected to Pine Ridge Road.]
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Policy 7.2:
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals. [As a
non-PUD rezoning petition, a master plan is not required. The site size is not conducive to
subdivision and provision of roads, rather a single development containing a parking lot with
drive aisles.]
Policy 7.3:
All new and existing developments shall be encouraged to connect their local streets and/or
interconnection points with adjoining neighborhoods or other developments regardless of land use
type. The interconnection of local streets between developments is also addressed in Policy 9.3 of
the Transportation Element. [The site abuts roads on three sides; the side abutting YMCA Road
is impeded by on-site preserve and drainage area. It is anticipated that vehicular and
pedestrian access will be located on Museum Drive, and a vehicular interconnection to the
YMCA site adjacent to the east will be provided.]
Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone
petition to be consistent with the Future Land Use Element.
Transportation Element: The Transportation Services Department has reviewed the Traffic
Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient
capacity to accommodate this project within the 5 year planning period. Therefore, the subject
application can be found consistent with Policy 5.1 of the Transportation Element of the GMP.
Conservation & Coastal Management Element (CCME): Staff found this project to be
consistent with the Conservation& Coastal Management Element (CCME).
Based on the above analysis, Comprehensive Planning staff finds the proposed rezone consistent
with the Future Land Use Element(FLUE)of the Growth Management Plan(GMP).
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in LDC Subsection 10.02.08. 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 (Board of Collier County
Commissioners), 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 "Rezone Findings."
In addition, staff offers the following analyses:
Transportation Review: Transportation Department Staff has reviewed the petition for compliance
with the GMP and the LDC and is recommending approval. Staff notes that primary access for the
development will be from Museum Road and an interconnection to the YMCA development to the
east will be provided at time of next development order
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Environmental Review: This project does not require Environmental Advisory Council (EAC)
review, as this project did not meet the EAC scope of land development project reviews as
identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances.
The preserves for this development were previously determined at time of plat development as part
of the "Airport Road Subdivision". Potential preserve impacts have not been reviewed or approved
as part of this rezone petition.
Utility Review: Utilities staff reviewed and approved this petition. The petitioner's "Statement of
Utility Provisions" indicates water service and sewage disposal will be provided by the Collier
County utility system.
Planning & Zoning Review: As previously mentioned, the subject property consists of a
previously developed commercial tract of land currently used by the YMCA to provide children's
daycare services. As noted above the development is zoned Commercial Professional and General
Office(C-1) and located in Mixed Use Activity Center 13.
The subject parcel is located between the existing C-4 zoning district containing the current Sports
Authority retail use to the west and the CF zoning district containing the current YMCA facility to
the east. To the north is a C-1 zoning district containing a professional and general office park use
and to the south is the Pine Ridge Road Right of Way and then the Carillon Center retail use that
has a PUD zoning designation.
The Commercial Intermediate district (C-4) purpose and intent is quoted [in part] from LDC
Section 2.2.14.1: "The purpose and intent of the C-4 district is to provide the opportunity for the
most diverse types of commercial activities delivering goods and services, including entertainment
and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the
uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside
storage of merchandise and equipment is prohibited, except to the extent that it is associated with
the commercial activity conducted on-site such as, but not limited to, automobile sales, marine
vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses
permitted by the C-4 district because most activity centers are located at the intersection of arterial
roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of
major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the
goals, objectives, and policies as identified in the future land use element of the Collier County
GMP "
This project should "provide an opportunity for a diverse type of commercial activity delivering
goods and services" to the nearby commercial developments and nearby residential developments
located to the north, south and east along Pine Ridge Road and Airport Pulling Road. Therefore,
this petition should be in compliance with the purpose and intent of the C-4 zoning district.
Approval of this petition should not be contrary to the requirements of the LDC, and the uses
allowable in the C-4 zoning district should not be out of character with the neighborhood.
To date,no letters of objection or support have been received.
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REZONE FINDINGS:
LDC Subsection 10.02.08. F. states, "When pertaining to the rezoning of land, the report and
recommendations of the Planning Commission to the Board of County Commissioners...shall show
that the Planning Commission has studied and considered proposed change in relation to the
following findings when applicable" (The criteria is italicized, Staff's responses to these criteria
are provided in regular font):
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map and the elements of the GMP.
The Comprehensive Planning Department has indicated that the proposed rezone is consistent with
all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan
(GMP).
2. The existing land use pattern.
The subject site is already zoned commercial. As described in the "Surrounding Land Use and
Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by
developed commercial land to the north, west and south; as well as developed community facility
land to the east. The commercial uses proposed in this petition should not create incompatibility
issues.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
As previously stated, the subject site is already zoned commercial. It is not an isolated district
unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property proposed for change.
As shown on the zoning map on page two of this staff report, the existing district boundaries are
logically drawn.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
According to information provided by the petitioner,this rezone request is in response to a proposed
sale of the property by the YMCA to help rebuild their facilities damaged by a fire in the fall of
2013. The proceeds from the proposed sale of the property will be used to fund the rebuilding and
expansion efforts by the YMCA that include expanded services and facilities to better serve the
public. The proposed Walgreens Pharmacy use requires the C-4 zoning district/designation.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
The proposed change from C-1 to C-4 will permit a broader range of commercial uses
complementary to surrounding developed parcels. Therefore, staff is of the opinion that the
proposed change will not adversely influence living conditions in the neighborhood.
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7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or ■••■
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the project at this time. This project was
evaluated for GMP consistency as shown in that section of this report. In addition,the development
must comply with all other applicable concurrency management regulations when development
approvals are sought.
8. Whether the proposed change will create a drainage problem.
The proposed development will not create a drainage problem because the project is subject to the
requirements of Collier County and the South Florida Water Management District. Confirmation of
staff's assessment that the project possesses an existing South Florida District permit and qualifies
for discharge rate exemption as provided by the GMP will be a companion item at time of BCC
hearing.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
This development should not significantly reduce light and air to adjacent areas; thus the
development proposed, if approved, should not negatively affect light and air permeation into
adjacent areas.
10. Whether the proposed change would adversely affect property values in the adjacent area.
The subject site is already zoned commercial and surrounded by other commercial and institutional
uses. Therefore, Staff is of the opinion this rezone will not adversely impact property values in the
adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Properties to the west, east, north and south of this property are already developed as previously
noted. The basic premise underlying all of the development standards in the LDC is that sound
application, when combined with the site development plan approval process and/or subdivision
process, gives reasonable assurance that a change in zoning will not result in deterrence to
improvement or development of adjacent property. Therefore, the proposed rezone should not be a
deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner
as contrasted with the public welfare.
The proposed development complies with the GMP, a public policy statement supporting Zoning
actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed
change does not constitute a grant of special privilege. Consistency with the FLUE is further
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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 in accordance with existing zoning. However, as noted
above, this rezone request is needed for the proposed sale of the property by the YMCA to assist in
their rebuilding effort to address the fall 2013 fire damage to the facility. The proposed end use is a
Walgreens Pharmacy which requires the C-4 zoning district/designation. The C-4 designation will
permit a broader range of commercial uses complementary to surrounding developed parcels, and
also be consistent with the activity center provisions of the GMP.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
As previously stated, the subject site is already zoned commercial. In addition, the proposed
development complies with the GMP requirements for the uses proposed. The GMP is a policy
statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable
throughout Collier County. Staff is of the opinion that the zoning district will ensure that the
project is not out of scale with the needs of the community.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however,this is
not the determining factor when evaluating the appropriateness of a zoning decision. The petition
was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not
review other sites in conjunction with a specific petition.
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.
According to information provided by the applicant, the subject site will be processed as a site
development plan currently projected to be a Walgreens Pharmacy. As with any form of
redevelopment potential of the proposed zoning district some site alteration may/will be required
and this project will undergo extensive evaluation relative to all federal, state, and local
development regulations during the site development plan approval process and again later 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 GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The project will have to meet all applicable criteria set forth in the LDC regarding Adequate Public
Facilities and the project will need to be consistent with all applicable goals and objectives of the
GMP regarding adequate public facilities. This petition has been reviewed by county staff that is
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responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff
persons have concluded that no Level of Service will be adversely impacted.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem
important in the protection of the public health, safety and welfare.
To be determined by the BCC during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING:
The applicant duly noticed and held the required meeting on March 27, 2014, at approximately 5:30
p.m. at the YMCA, located at 5450 YMCA Road, Naples, Florida. Two people along with the
applicant and County Staff attended the meeting. Please see the Neighborhood Information
Meeting (NIM) Summary (Attachment C).
The meeting ended at approximately 5:55 p.m.
STAFF RECOMMENDATION:
The proposed rezone is consistent with the applicable provisions of the GMP and the uses allowable
in this rezoning will be compatible with surrounding land uses. Staff has provided Rezone Findings
to support this contention. Therefore, Planning & Zoning Review staff recommends that the Collier
County Planning Commission forward Petition RZ-20130001302 to the Board of County
Commissioners with a recommendation of approval.
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PREPARED BY:
40 i
C A SAWYER, OJECT MANAGER DATE
GROWT MANAGE ENT DIVISION
REVIEWED BY:
RAYMOTD V. BELLOWS,ZONING MANAGER DATE
GROWTH MANAGEMENT DIVISION
y- I y_ i -f
MICHAEL BOSI, AICP, DIRECTOR DATE
GROWTH MANAGEMENT DIVISION
APPROVED BY:
d /+
ilk,-1`1
NI' A'FA WANG J)/AD ✓I■ISTRATOR DATE
GROWTH MANAG MENT DIVISION
Attachments: A: Application
B: Draft Ordinance
C: NIM Summary
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ORDINANCE NO. 14-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A C-1 ZONING DISTRICT
TO A C-4 ZONING DISTRICT FOR THE PROJECT KNOWN AS
WALGREENS NAPLES REZONE LOCATED ON PINE RIDGE ROAD,
EAST OF AIRPORT-PULLING ROAD IN SECTION 12, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1.79± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [RZ-PL20130001302]
WHEREAS, Joshua Lockhart of CPH, Inc. and R. Bruce Anderson, Esquire of Roetzel &
Andress representing Southeast Investments, Inc. and Young Men's Christian Association
(YMCA) of the Palms. Inc. petitioned the Board of County Commissioners to change the zoning
classification of the herein described property.
NOW THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the real property more particularly described in Exhibit A,
located in Section 12, Township 49 South. Range 25 East, Collier County, Florida is changed
from a C-1 zoning district to a C-4 zoning district for a 1.79± acre project to be known as
Walgreens Naples Rezone, subject to the conditions shown in Exhibit B. Exhibits A and B are
attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps,
as described in Ordinance No. 2004-41, as amended, the Collier County Land Development
Code. is/are hereby amended accordingly.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County. Florida, this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA
By: By:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County attorney
Attachment: Exhibit A—Legal Description
Exhibit B—Conditions of Approval
CP\13-CPS-01280\18
n
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EXHIBIT A
Legal Description
Tract A, Airport Road Subdivision, a subdivision per plat thereof
recorded in Plat Book 24, Pages 82 and 83 of the public records of
Collier County.
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CONDITIONS OF APPROVAL
FOR
RZ-PL20130001302
1. The actual height of all buildings is limited to 50 feet.
EXHIBIT B
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26D Wednesday, May 21,2014 » NAPLES DAILY NEWS
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 10, 2014, in the Boardroom, Third
• Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners, will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE -
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COWER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A C-1 ZONING DISTRICT TO A C-4 ZONING
• DISTRICT FOR THE PROJECT KNOWN AS WALGREENS NAPLES REZONE LOCATED
ON PINE RIDGE ROAD, EAST OF AIRPORT-PULLING ROAD IN SECTION 12,
.TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 1.79'ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [RZ-PL20130001302] •
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed. ,/"."
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the 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 material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure 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
Florida Fl 34112,x(239)) 252-8380.TAssisted listening t devices#fort the heariing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA .
TOM HENNING,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
Mav 21.2014 • No.2026368
grn
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