Agenda 06/24/2014 Item # 9B6/24/2014 9.B.
EXEC-U T iVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 2001 -09, the Pine Ridge Center West Planned Unit
Development by amending Section 3.3, Permitted Uses, to add as a permitted use new and used car
dealerships; 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- PL201300019191.
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 PUD 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 asking the Board of County Commissioners (BCC) to
consider an application for an amendment to the existing PUD zoned project add as a permitted
use new and used car dealerships. For details about the project proposal, refer to
"Purpose /Description of Project" in the staff report prepared for the Collier County Planning
Commission (CCPC).
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 pen-nit 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):
Staff found the proposed Planned Unit Development Amendment to be deemed consistent with
the Future Land Use Element. See the Collier County Planning Commission staff report for
further analysis.
Transportation Element: Transportation planning staff has reviewed this petition and has
determined that this project can be found consistent with Policy 5.1 of the Transportation
Element of the Growth Management Plan.
Packet Page -90-
6/24/2014 9.B.
Conservation and Coastal Management Element (CCME): This petition does not propose
any changes to any environmental segments of the originally approved PUD, thus no additional
environmental review was warranted.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning. 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 FLUM designations is a portion of the overall finding that is required, and staff
believes the petition is consistent with the FLUM and the FLUE as indicated previously in the
GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as
previously discussed. Enviromnental staff also recommends that the petition be found consistent
with the CCME. 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 April 3, 2014, and found that the criteria of Section 10.02.08.17
(formerly 10.03.05.I) and 10.02.13.B.5 were met. By a vote of 7 to 0, with the motion made by
Commissioner Chrzanowski and seconded by Commissioner Homiak, the CCPC recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation
of approval subject to the following changes to the PUD document:
1. The developer shall post "No Parking" signs in Kraft ROW and any interconnected
easement.
2. Revise the PUD document in 13.a. to add "excluding any personal electronic devices."
3. Revise the PUD document in 13.b. to add "or and interconnected easement."
4. If the site is developed for vehicle sales, sales staff will be required to provide notice to
potential vehicle buyers to avoid using Whippoorwill Lane to test drive vehicles.
5. The developer shall provide a 10' type D with hedge landscape buffer on the western
property line if property is developed with vehicle sales.
6. The staff recommendation is not supported and the CCPC supports item 13.k as proposed
in the PUD.
These revisions have been incorporated into the PUD document that is included in the draft
ordinance.
Opposition to this petition has been voiced at the CCPC hearing to the proposed amendment or
portions of it. The CCPC vote was unanimous, however because of the opposition, the petition
cannot be placed on the Summary Agenda.
LEGAL CONSIDERATIONS: This is an amendment to the existing Pine Ridge Center West
Planned Unit Amendment (Ordinance No. 2001 -09, as amended). The burden falls upon the
applicant for the amendment to prove that the proposal is consistent with all of the criteria set
forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
amendment does not meet one or more of the listed criteria.
Packet Page -91-
6/24/2014 9.B.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed 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.
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 detenmination 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?
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6/24/2014 9.B.
Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ( "reasonably ") be used in
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD 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.11], as amended.
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6/24/2014 9.B.
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 BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. This item has been approved as to form and
legality, and requires an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further
recommends that the Board of County Commissioners approve the request subject to the
attached PUD Ordinance that includes both the staff's revised recommendation and the CCPC
recommendation.
Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth
Management Division, Planning and Regulation
Attachments:
1) CCPC Staff Report
2) Application Backup Information due to the size of the document it is accessible at:
http://www.collieraov.net/ftp/AaendaMay2714/GroNA4iiM2mt/PUDA PL20130001919 PineRid
geCenterWestPUD.pdf
3) Ordinance
Packet Page -94-
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.B.
6/24/2014 9. B.
Item Summary: This item has been continued from the May 27, 2014 BCC meeting: This item
requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending
Ordinance No. 2001 -09, the Pine Ridge Center West Planned Unit Development by amending Section
3.3, Permitted Uses, to add as a permitted use new and used car dealerships; 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-
PL20130001919].
Meeting Date: 6/24/2014
Prepared By
Name: DeselemKay
Title: Planner, Principal, Zoning & Land Development Review
4/24/2014 10:38:57 AM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 4/25/2014 11:58:28 AM
Name: BosiMichael
Title: Director - Planning and Zoning, Comprehensive Planning
Date: 4/30/2014 3:52:25 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/5/2014 4:18:21 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 5/6/2014 9:02:02 AM
Name: MarcellaJeanne
Packet Page -95-
6/24/2014 9.B.
Title: Executive Secretary, Transportation Planning
Date: 5/13/2014 8:22:17 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 3:45:24 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 5/15/2014 10:30:56 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 9:20:40 AM
Packet Page -96-
Im
6/24/2014 9.B.
Ica► er County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
PLANNING AND ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
BEARING DATE: APRIL 3, 2014
SUBJECT: PUDA- PL20130001919: PINE RIDGE CENTER WEST PUD
PROPERTY OWNERS:
Kraft Office Center LLC Germain Real Estate Co. LLC Pine Ridge Investors of Naples, LLC
3530 Kraft Road, Suite 204 13315 N. Tamiami Trl 3530 Kraft Rd. Suite 204
Naples, FL 34104 Naples, FL 34110 Naples, FL 34105
OWNER/APPLICANT:
Germain Real Estate Co., LLC
13315 N. Tamiami Trail
Naples, FL 34110
[XION Y W
R. Bruce Anderson, Esquire Dominick J. Amico, Jr., PE Robert J. Mulhere FAICP
Roetzel & Andress Agnoli, Barber & Brundage, Inc Mulhere & Associates, LLC
850 Park Shore Drive 7400 N. Tamiami Trail PO Box 1367
Trianon Centre, Third Floor Naples, FL 34108 Marco Island, FL 34146
Naples, FL 34103
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The petitioner is asking the Collier County Planning Commission (CCPC) to consider an
application for an amendment to the existing PUD zoned project known as Pine Ridge Center
West PUD to add the use New and Used Car Sales and Service (SIC 5511).
GEOGRAPHIC LOCATION:
The subject property, consisting of 8.87 + /- acres, is located in Section 18, Township 49 South,
Range 26 East, Collier County, Florida. (See location map on the following page.)
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 1 of 13
April 3, 2014 CCPC
Revised: 3/21114
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PURPOSE/DESCRIPTION OF PROJECT:
The Pine Ridge Center West PUD project was approved in Ordinance Number 01 -09 on
February 27, 2001. A copy of the ordinance is included with the application materials. The
original PUD was approved for a commercial project that would allow retail and office uses on
lots with a minimum 12,000 square footage, in buildings that do not exceed three stories or 40
feet in height, whichever is more restrictive. The subject site is partially developed with a
portion of the Kraft Office Center occupying the southerly portion of the site. That commercial
development straddles the property line separating this project, the Pine Ridge Center West
PUD, and the adjacent property, the Pine Ridge Center PUD. A variance was approved in
Resolution Number 04 -379 to allow zero setbacks for the southernmost 534 feet of shared
boundary of the two PUD zoned projects. A copy of the resolution is included with the
application materials. As depicted on the PUD Master Plan, access to the property is from a
shared access point onto Pine Ridge Road.
As noted previously, the petitioner is seeking this amendment to add the use New and Used Car
Sales and Service (SIC 5511). As proposed, this use would be a permitted use on the entire PUD
site, i.e., including the currently developed area.
A previous petition (PUDA- PL20110000703) for a car dealership was submitted in 2011. That
petition was heard by the Collier County Planning Commission, but was withdrawn by the
petitioner before it went to the Board. The applicant agreed to several stipulations during the
CCPC process. Those are listed below:
1. There will be no amplified sound of any kind.
2. New car lot, but the new cars would have a minimum of 65% of the capacity. Used car
sales are permitted as an accessory use with principal use of new car sales.
3. There will be no vehicle parking on Kraft right -of -way or the easement.
4. The use will be limited to platted Tracts B and E only.
5. Add landscape buffers, a Type B with Type C plantings to the east and south frontages,
the front along Kraft Road and it would be the south property the south line.
6. The finished facades on the north and east — there will be finished facades on both the
north and east sides.
7. There will be no collision shop on site.
8. The repair shop bays would be closed except for entering and exiting.
9. Cars will be delivered off site — on an offsite location and delivered to the site so there
will be no trucks deliveries of cars.
10. The car dealership and accessories to that car dealership use on Tract B and E will be
limited to a single story.
11. There will be no rooftop parking.
12. There will be an additional easement of equal capacity, size and terminology that exists
today between platted Tract B and E also placed on the south.
These have been added to the draft approval document.
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 2 of 13
April 3, 2014 CCPC
Revised: 3/21/14 Packet Page -99-
6/24/2014 9.B.
SURROUNDING LAND USE AND ZONING:
North: Pine Ridge Road, then various commercial uses with PUD zoning designations
South: Avow Hospice, with a CFPUD zoning designation
West: undeveloped PUD zoned tract, approved for a variety of commercial uses
East: Pine Ridge Center PUD, developed with various commercial uses
Aerial Photo (subject site depiction in yellow outline is approximate)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is located within the Urban
designated area (Urban — Commercial District, Interchange Activity Center Subdistrict ( #10)) as
identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE)
of the Growth Management Plan (GMP). The existing Pine Ridge Center West PUD, Planned
Unit Development, was approved in 2001 (the original PUD was approved in 1988, then
repealed and replaced in 1998) for a variety of commercial uses, including several from the C -4,
General Commercial, and C -5, Heavy Commercial, zoning districts - all deemed consistent with
the Interchange Activity Center Subdistrict. The proposed amendment retains all of the existing
commercial uses and adds one use — new and used car dealerships; no other changes are
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 3 of 13
April 3, 2014 CCPC
Revised: 3/21/14 Packet Page -100-
6/24/2014 9. B.
proposed. New car dealership is allowed by right in the C -4 zoning district and both new and
r--r --
used car dealership use is allowed in the C -5 zoning district.
The Interchange Activity Center Subdistrict allows the same land uses as the Mixed Use Activity
Center Subdistrict — the full array of commercial uses, residential, institutional, hotel/motel,
community facilities, etc. The actual mix of uses to be approved is determined during the
rezoning process based upon consideration of the factors listed within the Mixed Use Activity
Center Subdistrict (a. -l.). Given the approved uses, standards, requirements and limitations of
the existing PUD, the surrounding development pattern, and location on a six -lane divided
arterial roadway, staff finds the petitioner's responses to be acceptable and the proposed use to
be consistent with the Interchange Activity Center Subdistrict.
FLUE Objective 7 and subsequent Policies regard Smart Growth principles derived from the
Toward Better Places, Community Character Plan for Collier County. Staff provides no specific
analysis as to compliance with these provisions as the PUD amendment does not affect external
access, opportunity or requirement for interconnections, the amount of open space, and
provisions or requirements for pedestrian and bicycle facilities.
Based upon above analysis, Comprehensive Planning staff finds the petition consistent with the
FLUE.
Transportation Element: Transportation planning staff has reviewed this petition and has
determined that this project can be found consistent with Policy 5.1 of the Transportation
Element of the Growth Management Plan.
Conservation and Coastal Management Element (CCME): This petition does not propose
any changes to any environmental segments of the originally approved PUD, thus no additional
environmental review was warranted.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning to CPUD. 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 FLUM designations is a portion of the overall finding that is required, and
staff believes the petition is consistent with the Collier County Growth Management Plan as
discussed above. The proposed rezone is consistent with the GMP Transportation Element as
previously discussed. Therefore, zoning staff recommends that the petition be found consistent
with the goals, objective and policies of the overall GMP.
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 Land Development Code
(LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to
as the "PUD Findings "), and Subsection 10.02.08 F, Nature of Requirements of Planning
Commission Report (referred to as "Rezone Findings "), which establish the legal bases to
support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their
recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to
support its action on the rezoning or amendment request. An evaluation relative to these
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 4 of 13
April 3, 2014 CCPC
Revised: 3/21/14 Packet Page -101-
6/24/2014 9. B.
subsections is discussed below, under the heading "Zoning Services Analysis." in addition, stuff
offers the following analyses:
Transportation Review: Transportation Division staff has reviewed the petition and made the
finding that the proposed use is no higher intensity that the existing zoning's uses relative to
traffic issues. As a result, no additional ingress /egress improvements are required.
Zoning Services Review: As noted previously, the petitioner is seeking this amendment to add
the use New and Used Car Sales and Service (SIC 5511).
The use group is described as follows:
Establishments primarily engaged in the retail sale of new automobiles or new and
used automobiles. These establishments frequently maintain repair departments and
carry stocks of replacement parts, tires, batteries, and automotive accessories. These
establishments also frequently sell pickups and vans at retail.
Specific uses allowed in this SIC Code classification include the following:
Automobile agencies (dealers) — retail Motor vehicle dealers, new and uses cars — retail
Automobiles, new and used — retail Pickups and vans, new and used -- retail
Cars, new and used — retail
However, the applicant has agreed to some limitation on the proposed use, as shown on page 2 of
this staff report and as explained below.
The two PUD zoned projects, Pine Ridge Center and Pine Ridge Center West are included in one
plat, under the name 3500 Corporate Plaza. The petitioner of this PUD amendment only controls
Tracts B and E of the combined plat for 3500 Corporate Plaza; however the entire PUD for Pine
Ridge Center West (not Pine Ridge Center) is being amended to add the new use. The petitioner
has agreed to limit the new use to Tracts B and E of the PUD site. The tracts immediately to the
south of those two tracts are tracts P -4, a preserve area, and Tract A, which is developed with the
Kraft Construction Building. (Please refer to the Zoning Map.)
As Tracts B and E are currently configured in the plat, Kraft Lane, the interconnecting roadway
between Whippoorwill Lane and Kraft Road, would be extended thru the subject property to
connect to the Brynwood Center CPUD, as shown on the next page.
The applicant's agent mentioned in the NIM that the applicant may seek to move this
interconnection to the south. The property owner to the west, had already started tentative plans
to develop a use on that site, (Pre - application Meeting was held February 19, 2014). A
preliminary site plan for the proposed ALF use is shown at the bottom on the next page. On that
site plan, the Brynwood Center developer is planning to use the existing platted interconnection
point.
Pine Ridge Center West PUD, PUDA -PI 20130001919 Page 5 of 13
April 3, 2014 CCPC
Revised: 3121/14 Packet Page -102-
6/24/2014 9.B.
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Preliminary Site Plan based upon 2/19114 pre - application meeting
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 6 of 13
April 3, 2014 CCPC
Revised: 3/21114 Packet Page -103-
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Pine Ridge Center West PUD, PUDA- PL20130001919 Page 6 of 13
April 3, 2014 CCPC
Revised: 3/21114 Packet Page -103-
6/24/2014 9.B.
Staff believes it is important to keep the interconnection where is it currently located.
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the
surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site,
the compatibility analysis might include a review of both the subject proposal and surrounding or
nearby properties as to allowed use intensities and densities, development standards (building
heights, setbacks, landscape buffers, etc.), building mass, building location and orientation,
architectural features, amount and type of open space and location, traffic generation/attraction,
etc. There has to be a balance between the adjacent existing uses and what is allowable by the
GMP.
It is important to note that the partially developed PUD already allows a variety of commercial
uses including several from the C -4, General Commercial, and C -5, Heavy Commercial, zoning
districts - all these were deemed consistent with the Interchange Activity Center Subdistrict
during the prior rezone. The subject can be developed with uses other than office uses and banks
consistent with the current PUD Ordinance. The subject Tracts B and E can be developed with,
for example, an auto supply store, restaurants, food stores, a hotel or motel, a drug store, or a
garden supply store, to name a few of the non -office uses listed in the PUD Ordinance. Staff is
of the opinion that the use proposed in this amendment as further limited by the petitioner and
staff, will be compatible with the surrounding land uses.
Deviation Discussion:
The petitioner is not seeking deviations from the requirements of the LDC.
FINDINGS OF FACT:
LDC Subsection 10.03.0512 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners ... shall
show that the planning commission has studied and considered proposed change in relation to the
following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires
the Planning Commission to make findings as to the PUD Master Plans' compliance with the
additional criteria as also noted below. [Staff s responses to these criteria are provided in bold,
non - italicized font] :
PUD Findings: LDC Subsection 10.02.13.13.5 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 amendment and believes the proposed use as limited by
the applicant and staff will be compatible with the development approved in the area.
Pine Ridge Center West PUD, PUDA -Pl 20130001919 Page 7 of 13
April 3, 2014 CCPC
Revised: 3/21/14 Packet Page -104-
6/24/2014 9.B.
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.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. Additionally, the development will be
required to gain platting and /or site development approval. Both processes will ensure that
appropriate stipulations for the provision of and continuing operation and maintenance of
infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives
and policies of the GMP within the GMP discussion and the zoning analysis of this staff
report. Based on that analysis, staff is of the opinion that this petition can be found
consistent with the overall GMP as limited by the applicant and staff.
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.
Staff has provided a review of the proposed use and believes that the project will be
compatible with the surrounding area as limited by the applicant and staff.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of native preserve aside for this project will meet the minimum requirement of
the LDC.
6 The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure has adequate capacity to serve the proposed project as noted
in the GMP Transportation Element consistency review. In addition, the project's
development must comply with all other applicable concurrency management regulations
when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting roadway infrastructure for this PUD amendment
purposes. The issue of adequate public facilities requirements will be addressed when
development approvals are sought.
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 8 of 13
April 3, 2014 CCPC
Revised: 3/21/14 Packet Page -105-
6/24/2014 9. B.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
The petitioner is not seeking any deviations.
Rezone Findines: LDC Subsection 10. 02.08 F. states, "When pertaining to the rezoning of land,
the report and recommendations to the planning commission to the Board of County
Commissioners ... shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable" (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.
The zoning analysis provides an in -depth review of the proposed project. Staff is of the
opinion that the request is consistent with GMP FLUE Policy 5.4 requiring the project to
be compatible with neighborhood development as limited by the applicant and staff. Staff
recommends that this petition be deemed consistent with the Transportation Element and
the FLUE of the GMP. Therefore, staff recommends that this petition be deemed
consistent with the overall GMP, if staffs recommended stipulations are included in any
approval recommendation.
2. The existing land use pattern;
Staff has described the existing land use pattern in the "Surrounding Land Use and
Zoning" portion of this report and discussed it at length in the zoning review analysis.
Staff believes the proposed amendment request is appropriate given the existing land use
pattern, and as limited by the applicant and staff.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
This amendment request will not create an isolated zoning district because the subject
property is already zoned PUD; no change is proposed to the zoning district itself; the
petition is limited to seeking approval to add one use to the existing list of approved uses.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Staff is of the opinion that the proposed district boundaries are logically drawn as the PUD
zoning is already in place, having been approved in 2001.
S. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary, per se; but it is being requested in compliance with
the LDC provisions to seek such changes. The petitioner stated in the Rezone Criteria &
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 9 of 13
April 3, 2014 CCPC
Revised: 3/21/14 Packet Page -106-
6/24/2014 9.B.
Narrative Staterreent of Compliance that `there - a demonstrated market demand for such a
use in this location."
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Staff is of the opinion that the proposed amendment can been deemed consistent County's
land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP as
limited by the applicant and staff.
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 proposed project at this
time.
8. Whether the proposed change will create a drainage problem;
The proposed change should not create drainage or surface water problems because the
LDC specifically addresses prerequisite development standards that are designed to reduce
the risk of flooding on nearby properties. Additionally, the LDC and GMP have other
specific regulations in place that will ensure review for drainage on new developments.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this amendment is approved, any subsequent development would need to comply with
the applicable LDC standards for development or as outlined in the PUD document.
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 a host of 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 proposed zoning change should not be a deterrent to the improvement of adjacent
properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Growth Management Plan which is a public
policy statement supporting zoning actions when they are consistent with said
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 10 of 13
April 3, 2014 CCPC
Revised: 3121114 Packet Page -107-
6/24/2014 9.B.
Comprehensive Plan. in light of this fact, the proposed change does not constitute a grant
of special privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
The property currently has a PUD zoning designation. The tracts could be developed
within the parameters of the currently approved PUD ordinance; however, the petitioner is
seeking this amendment in compliance with LDC provisions for such action. The petition
can be evaluated and action taken as deemed appropriate through the public hearing
process. Staff believes the proposed amendment as limited by the applicant and staff meets
the intent of the LDC and further, believes the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The petitioner proposes to add the use "New and Used Car Sales and Service (SIC 5511).
The petitioner stated in the Rezone Criteria & Narrative Statement of Compliance that
"there is a demonstrated market demand for such use in this location." 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 if staffs recommended stipulations are included in any approval
recommendation, the new use would 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 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. The proposed
rezone is consistent with the GMP as discussed in other portions of the staff report.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Any development anticipated by this amendment would require considerable site
alteration. This project will undergo extensive evaluation relative to all federal, state, and
local development regulations during the site development plan or platting 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 Growth Management Plan and
as defined and implemented through the Collier County Adequate Public Facilities Ordinance,
as amended.
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 11 of 13
April 3, 2014 CCPC
Revised: 3/21/14
Packet Page -108-
6/24/2014 9.B.
This petition has been reviewed by county staff that is responsible for Jurisdictional
elements of the GMP as part of the rezone process and those staff persons have 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.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM meeting was duly noticed by the applicant and held on March 11, 2014 at the
Hawthorn Suites by Wyndham, Naples, Florida. See attached.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on March 5, 2014.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County
Planning Commission forward Petition PUDA- PL20130001919 to the BCC with a
recommendation of approval with the following stipulation:
The interconnection to extend Kraft Lane thru the subject site will remain in its current
configuration.
Pine Ridge Center West PUD, PUDA- PL20130001919 Page 12 of 13
April 3, 2014 CCPC
Revised: 3/21114 Packet Page -109-
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RAYIM�0ND V. BELL -OV/S. ZO-M-.NCT MANAGER DA'I'F
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MIKE BOSI, AICT". DIRFC'FoR
FLAN'NJING
A FIFIROVETY BY:
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Pine Ridge Center West PUD, PIJDA PL20130001 911
Ai)ril 3, 2014 CCPC
Revised: 3112/14
Packet Page -110-
6/24/2014 9.B.
page 13 Of 13
6/24/2014 93.
ORDINANCE NO. 14 -
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 AMENDING SECTION 3.3, PERMITTED USES,
TO ADD AS A PERMITTED USE NEW AND USED CAR
DEALERSHIPS; 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-
PL20130001919]
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, Dominick J. Amico, Jr., P.E. of Agnoli, Barber & Brundage, Inc.
representing Germain Real Estate Company, 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 Section 3.3, Entitled "Permitted Uses" of Ordinance
Number 2001 -09, Pine Ridge Center West.
Section 3.3 of the Planned Unit Development Document, previously attached as Exhibit
A to Ordinance Number 2001 -09, the Pine Ridge Center West PUD, is hereby amended to read
as follows:
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:
Pine Ridge Center West /PUDA- PIa20130001919
Rev. 4.'I 0/ 14
Words --nderlined are added.
Packet Page -111-
6/24/2014 9. B.
C. Area "C" Permitted Principal Uses and Structures:
1. � Apparel and accessory stores (groups 5611 — 56991 .
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).
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. New and Used Car Dealerships (group 5511), limited to New Car Dealerships
only, with new cars comprising a minimurn of 65% of the inventory. Used car
sales are allowed onlv as an accessory use with principal use of new car sales.
Further limited as follows:
a.
There will be no amplified sound of any kind. excluding any
personal electronic devices.
b.
There will be no vehicle parking, on Kraft Road right -of -way or
anv interconnected easement. Owner shall install "No Parking"
signs in the Kraft Road right -of -way or any interconnected
easement.
C.
The Car Dealership use will be limited to platted Tracts B and E
only.
d.
There will be a 15 foot buffer with buffer Type C plantings along
Kraft Road and along the south property line.
e.
There will be finished building fagades on the north and east sides.
f.
There will be no collision shop on site.
g.
The repair shop bav doors will be closed except for entering and
exiting.
h.
There will be no on site delivery of vehicles by truck. Cars will be
delivered to an offsite location and driven to the site.
Pine Ridge Center West /PUDA- PL20130001919
lZev. 4,110114
Words
sti-tiok throe ---1, --- -' -1 —A• - --A' - nderlined are added.
Packet Page -112-
6/24/2014 93.
i. Buildings and accessory structures will be limited to a single story.
j. There will be no rooftop parking.
k. If the 24 foot platted access easement between platted Tracts B and
E is vacated in the future the owner must create a replacement 24
foot access easement to the south within platted Tract B.
1. Sales staff and employees of the dealership shall advise customers
that vehicle testing on Whippoorwill Lane is prohibited.
M. Owner shall install a 10 foot Type D buffer with hedge on the west
side of Tracts B and E.
4-37 14. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores
(groups 5231 — 5261).
44-. 115. Personal Services (group 7212 dry - cleaning and laundry pickup stations
only, 7217, 7221 — 7261 except crematories, 7291).
4-5-. 16. Professional Offices, Medical Offices, and Management Consulting
Services (groups 8711 — 8748).
17. Real Estate Agents and Managers (group 6531).
4-77 18. Travel Agencies (group 4724).
19. Video Tape Rental (group 7841).
4-9: 20. Any other commercial use or professional service use which is comparable
in nature with the foregoing uses.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this day of 12014.
ATTEST:
DWIGHT E. BROCK, CLERK
Bv.
Deputy Clerk
Pine Ridae Center Rest /PUDA- PI20130001919
Rev. 4/10/14
i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
Words stFueh t f" —.4-1—A. ---1- "nderlined are added.
Packet Page -113-
6/24/2014 9.B.
Approved as to form and legality:
n�
Heidi Ashton -Cicko
Managing Assistant County Attorney
13- CPS - 01283124
Pine Ridge Venter West IPtJDA- PL20130001919
Rev. 4'10'14
Words ;triiel li nrP rielf-f,H• wnrrtc ,inderlined are added.
Packet Page -114-
6/24/2014 9.B.
28D a Wednesday, May 7, 2014 N NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 27, 2014, in the Board of County
Commissioners meeting room, Third Floor, Collier Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners (BCC) will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2001 -09, THE PINE RIDGE CENTER WEST
PLANNED UNIT DEVELOPMENT BY AMENDING SECTION 3.3, PERMITTED USES, TO
ADD AS A PERMITTED USE NEW AND USED CAR DEALERSHIPS; 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.
[PU DA- PL20130001919[
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 "an agenda item must register with the
County Manager prior to presentation ofy "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 material intended to be considered by the Board
shall be submitted to the appropriate County staff a minimum of seven days prior to
the public hearing. All material used in presentations before the Board will become
a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding; you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING
CHAIRMAN
DWIGHT E. BROCK, CLERK
By Martha Vergara, Deputy Clerk
(SEAL) No. 2025257
May 7, 2014
Packet Page -11S-