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Agenda 10/28/2014 Item # 9C10/28/2014 9.C. EXECUTIVE SUMMARY Recommendation to deny the single petition within the 2013 Cycle 3 Growth Management Plan Amendment for transmittal to the Florida Department of Economic Opportunity for review and Comments response of the Vincentian Mixed Use Subdistrict, Transmittal Hearing. OBJECTIVE: For the Board of County Commissioners to review the 2013 Cycle 3 amendment to the Collier County Growth Management Plan (GMP) for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2013 Cycle 3 petition on August 21 and September 4, 2014. • This Transmittal hearing for the 2013 Cycle 3 considers an amendment to the Future Land Use Element and Future Land Use Map. Note: Because the support materials (petition only) is voluminous, and some exhibits are oversized, the Agenda Central system contains as noted, "confidential" the related document pertaining to this GMP amendment. A link has been provided to the `I' drive on page 4 of this document in order to view the document. The entire Executive Summary package, including all support materials, is available for review in the Comprehensive Planning Section of the Planning & Zoning Department office, located at 2800 North Horseshoe Drive, Naples, including the Comprehensive Planning Section GMP Amendments web page, via http: / /,"rww.collier2ov.net /index.aspx ?paae =2460. The entire Executive Summary package is also available in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, 4t" floor, Suite 401. Petition PL20130001767/CP- 2013 -10 is a petition submitted by Christopher Shucart, requesting Future Land Use Element (FLUE) amendment to re- designate the subject site from the Urban Mixed Use District, Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. The Vincentian Subdistrict site comprises 30.7 acres and is located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East), and west of the Hitching Post Mobile Home Park, in Section 32, Township 50 South, Range 26 East. Among the factors analyzed are Background and Considerations, Commercial Analysis, Apartment Analysis, Residential Density and Land Use Intensities, Appropriateness of the Site, Consistency with Coastal High Hazard Area Policies within the Growth Management Plan, Traffic Capacity /Traffic Circulation Impact Study Analysis, and Public Facilities Impact. The following findings and conclusions result from the reviews and analyses of this request: The subject site was approved in 1999 for mixed use development only — not stand -alone commercial or residential development. Packet Page -230- 10/28/2014 9.C. • More than 12,000 approved, but un -built dwelling units are proximate to this site. • The proposed Subdistrict proposed limiting residential development to market rate rental apartments only, prior to the CCPC meeting, which correlated with the submitted apartment study. Now, the petition proposes market rate residential development of any ownership type, which means the type of residential development could be the same as the already approved +12,000 units proximate to this site. • The proposed Subdistrict would allow residential density of 10 [12 prior to CCPC meeting] dwelling units per acre in a Coastal High Hazard Area (CHHA) location where additional dwelling units (beyond 4 DU /A) can only be attained when qualifying for a density bonus, but no qualifiers for density bonuses are met. • Conservation, and Coastal Management Element (COME) Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Approval of the proposed density does not limit, but potentially expands, public expenditures in the CHHA. Florida Statutes provide the basis for this CCME Objective and Policies, with specific provisions found in: Section 163.3178(1), providing that local governments limit public expenditures in areas subject to destruction by natural disasters, and Section 163.3177(6)6, requiring local governments to limit public expenditures that subsidize development in coastal high hazard areas. • Based on data and analysis submitted for the supply of existing and potential commercial development and demand within the market area for the subject site, the additional need for the proposed commercial uses contemplated by this amendment to serve the surrounding residential areas cannot be ascertained/has not been demonstrated. Staff found the data and analysis for the subject Growth Management Plan amendment does not support the proposed changes to re- designate the subject site from the Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. The proposed Vincentian Subdistrict is not consistent with Coastal High Hazard Area policies or Future Land Use Element provisions within the Growth Management Plan. Additional staff analysis of this petition is included in the CCPC Staff Report. On October 21, 2014, the applicant provided to staff an alternative Exhibit "A ", which represents a reduction in overall density from 10 units per acre to 7.3 units per acre, a reduction of a maximum 307 units to 224 units. In addition, the applicant has removed storage, general warehousing and automotive leasing and rental from the list of proposed allowable uses. It should be noted that the revised Exhibit "A" is a reduction from the proposal that the CCPC recommended approval upon to the BCC. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of this amendment, as this is for the Transmittal of this proposed amendment. Petition fees account for staff review time and materials, and for the cost of associated legal advertising /public notice. Fiscal impacts to the County may result from this amendment if it is adopted. The Vincentian Subdistrict proposes residential density of ten (10) dwelling units per acre in a location where only three or four dwelling units per acre of market rate housing are allowed [within the Urban Coastal Fringe Subdistrict (UCF) and the Coastal High Hazard Area (CHHA)]. Packet Page -231- 10/28/2014 9.C. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of the Board is needed for adoption of the Resolution. [HFAC] GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for Adoption hearings to be held early in 2015. ENVIRONMENTAL ISSUES: The site of petition PL20130001767/CP- 2013 -10 contains approximately 12.66 acres of jurisdictional wetlands. Wetlands on -site are isolated with no hydrological connection to wetlands or waters off -site. As part of the process of obtaining subsequent development orders (e.g. site development plan), the site will be subject to all applicable local, state and federal environmental protection regulations, including applicable portions of the Conservation and Coastal Management Element of the Growth Management Plan, and the Land Development Code. HISTORICAL /ARCHAEOLOGICAL IMPACT: No significant archaeological or historical sites are recorded for or likely to be present within the Vincentian Subdistrict subject area, and it is unlikely that any such sites will be affected. The site is subject to the requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element Policy 11.1.3. If found to be present or affected, as part of the process of obtaining subsequent development orders (e.g. site development plans), the site will be subject to all applicable local, State and Federal protection regulations relevant to historical and archeological sites. STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward Petition CP- 2013 -10 to the Board of County Commissioners with a recommendation to deny transmittal to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC was provided with the recommendation to deny transmit the GMP Future Land Use Element (FLUE) amendment as proposed by the petitioner. Staff also provided the CCPC with revisions to the applicant's proposed Subdistrict text (for-proper code language, format, clarity, etc.) if they chose to recommend transmittal. The CCPC heard CP- 2013 -10 during two separate hearing dates. During its initial hearing, the applicant's agent presented a revised version of Subdistrict text. That version incorporated land uses, intensity, density and other key Subdistrict provisions summarized as: allowing an entirely residential development, an entirely commercial development, or mixed use (residential and commercial) development; increasing residential density to a maximum of nearly 12 dwelling units per acre (= 360 units); basing residential density upon total site acreage; removing the residential limitation to only allow rental apartments; increasing commercial intensity to a maximum of 250,00 sq. ft. of uses as allowed to the C -1 through C -3 zoning districts; allowing for an automobile service station and other commercial uses outside the C -3 District; and, retaining a minimum of 15% native vegetation on site. During its continued hearing, a different version of Subdistrict text was presented by the applicant's agent. This substantially revised version incorporated changes to: (a) limit the Packet Page -232- 10/28/2014 9.C. increased residential density to a maximum of 10 dwelling units per acre (= 307 units); (b) base residential density only upon non - commercial acreage; (c) relax the residential limitation to allow any market -rate dwellings, not just rental apartments; (d) limit the increased commercial intensity to a maximum of 250,00 sq. ft. of uses as allowed to the C -1 through C -3 zoning districts, with hotel and ALF conversions reducing this maximum; and, (e) allowing for automotive fuel pumps accessory to another, larger commercial facility, and other commercial uses outside the C -3 District. There were a number of public speakers, expressing concerns about impact upon owners of businesses and residences in the area. In particular, speakers addressed the low residential density of existing neighboring developments, and contrasted it with the high residential density proposed in the Vincentian Subdistrict. Incompatibilities were identified and ways to minimize them were discussed. Interconnection was another issue discussed, as access to the commercial development to the southeast would be beneficial, without having to use US 41 for every trip. Emphasis was put on the growing traffic on both US 41 and Southwest Boulevard, and the accompanying traffic problems. Speakers located in the Hitching Post Mobile Home Park addressed the possible collaboration on land uses adjacent to, on and through their recreation /storage area. Speakers were apprehensive of such a wide -open proposal, where no specific plans for development of the site were known or proposed. The CCPC forwarded petition CP- 2013 -10, with the petitioner's changes, to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 4/2). subject to a few clean -up changes to the text. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Deny transmittal of petition CP- 2013 -10, as revised at the CCPC meeting, to the Department of Economic Opportunity. Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division Attachments: l) CP- 2013 -10 CCPC Staff Report; 2) CP -201 3 -10 Resolution with Exhibit "A" text and map 3) Application Backup Information (petition only): due to the size of the entire docurnent it is accessible at: hap: /;ww,v. colliergov. net/ ftp, /AgendaOct1414 /GroxNIhMQnil /op- PL20130001767 CP- 2013 -10 Petition Applica.pol 4) Alternative Exhibit "A" provided on October 21, 2014 \ \bcc.collieroov net \data \GMD - LDS \CDES Planning Services \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments \2013 Cycles & Small Scale Petitions \2013 Cycle 3 - October\2013.3 BCC Transmittal \13 -10 Trnsmttl BCC exec summ_DRAFT.docx Packet Page -233- COLLIER COUNTY Board of County Commissioners Item Number: 9.9.C. 10/28/2014 9.C. Item Summary: Recommendation to deny the single petition within the 2013 Cycle 3 Growth Management Plan Amendment for transmittal to the Florida Department of Economic Opportunity for review and Comments response of the Vincentian Mixed Use Subdistrict, Transmittal Hearing. Meeting Date: 10/28/2014 Prepared By Name: KendallMarcia Title: Planner, Senior, Comprehensive Planning 10/14/2014 2:21:18 PM Approved By Name: WeeksDavid Title: Manager - Planning, Comprehensive Planning Date: 10/14/2014 3:10:46 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/14/2014 3:42:54 PM Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 10/16/2014 10:09:07 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 10/17/2014 5:05:18 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use /Transportation Date: 10/20/2014 9:18:12 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -234- 10/28/2014 9.C. Date: 10/20/2014 10:38:32 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 10/20/2014 11:04:46 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 10/20/2014 3:01:51 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 10/21/2014 8:49:42 AM Packet Page -235- 10/28/2014 9.C. Glmbal - VincentianMixed Use Subdistrict STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT O|VlSI[}NIP1ANN|NG AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: August 21.2O14 RE: PETITION CP-2013-1D/PL-2D13-OOO1787. Growth Management Plan Amendment (TRANSMITTAL HEARING) Global Properties of Naples, LLC Christopher Shucart.Manager 2414Tomiami Trail North, Suite 015 Naples, Florida 34103 Robert J.K4u|bena. FA|CP Richard D.Yovanovioh.Esq. Hole K4ontea.Inc. Coleman, Yovonovioh& Kmaste[F!A. 950 Encore Way 4001 Ta,nianniTrai| North, h Suite 300 Naples, Florida 34110 Naples, Florida 34103 GEOGRAPHIC LOCATION: The ±31 acre subject site is located south and east of Southwest Boulevard, south and west of US 41 (Tamiami Trail East). and west of the Hitching Post Mobile Home Park, in Section 32. Township 5O South, Range 2G East, Collier County, Florida. REQUESTED ACTION: Amendments to the Future Land ��se Element and Future Land Use Map and Map Series of the Growth Management Plan, to introduce a new Subdistrict. This petition seeks to re-designate the subject site from the Urban Mixed Use District, Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. (CP-2013-10 Resolution Exhibit A reflects the petitioner's proposed text changes) SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject The subject site comprises ±31 acres, and is designated Urban Coastal Fringe the Future Land Use Map and lies within the Coastal High Hazard Area- The site is zoned \�n�enb�n �UD and is undeveloped. The �UQ provides for a maximum groas density of � dwelling units per acre (on the Residential tract); assisted living facilities; an d up ho11S. UOOoq . It. of commercial useo, including all permitted C'2. Convenience Commercial district usae, uonnnnunby theater amusement and recreation servioen, a miniature golf couroe, bike and moped rental amusement and recreation services, auto & home supply storeo, business servioas, drinking places, hospitals, membership organizations. museums & art galleries. paint, glass & wallpaper stores, public -1- [F'Z3I�-ID/pLZDl�000�767 JOl3-IJ Giooai Pr�pe�/ss� �rearingthe\lneroan W/xed Ue Packet Page -236- 0 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A administration, non - depository credit institutions, real estate services, retail nurseries, lawn & garden supply stores, social services, used merchandise stores, the USPS, and comparable C -2 commercial uses (on the Commerciai Infrl/ tract). A detailed list of uses allowed in the PUD is provided further below. Pedestrian sidewalks are on south side of US 41, along the entire frontage of subject site, and on east side of Southwest Boulevard, also along the entire frontage of subject site. Surroundina Lands North of Subject Site: Across US 41, land is designated Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map, and zoned Whistlers Cove PUD. Whistlers Cove is developed with multi- family residential apartment buildings. The Lely Area Stormwater improvement Project facility is situated (north) east (within Eagle Lakes Park), across US 41. A pedestrian sidewalk is on north side of US 41, along entire frontage opposite the subject site. West of Subject Site: Land is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. An area zoned C -5, Heavy Commercial District fronts US 41 and is developed with an automobile service station immediately across Southwest Boulevard; then with a self storage facility further (north) west. The area behind the commercial development, and across Southwest Boulevard, is zoned RSF-4 and developed as Trail Acres, a single family residential subdivision. A pedestrian sidewalk is on west side of Southwest Boulevard, along entire frontage opposite the subject site. South of Subject Site: Land is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. This area is zoned RSF-4 and developed as Trail Acres, a single family residential subdivision. East of Subject Site: Land is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, and zoned C-3 and MH. An area zoned C -3, Commercial Intermediate District fronts US 41 and is developed with a Collier County government service facility; then with a multi- tenant strip mall further (south) east, with its parking lot fronting US 41. The area behind these government service and commercial uses is the Hitching Post Mobile Home Park, with a mobile home park service building and vehicle area located directly behind the government service facility. In summary, along with the commercial development on the south side of US 41, the existing land uses in the area immediately surrounding or directly opposite the subject site are predominately residential in nature. STAFF ANALYSIS: Background and Considerations The Vincentian PUD was originally approved in 1985 (Ord. 85 -27) and allowed "80 residential units for the elderly" on 10 acres for density of eight (8) dwelling units per acre; "a school, church, rectory and related uses" on 10 acres; and, "institutional care facilities such as, but not limited to children's home, residence for unwed mothers, family enrichment center, special educational center, etc." on 10.7 acres (31.7 acres total). The PUD was rezoned to a new Vincentian PUD in 1991 (Ord. 91 -88), via the County's implementation of the zoning reevaluation program, to lower the residential allowance to 30 dwelling units (3 DU /A on 10 acres) (31.7 acres total). In 1999, the PUD was again rezoned to a new Vincentian PUD (Ord. 99-37) to allow 115,000 sq. ft. of commercial uses on 8.5 acres, residential development at four (4) dwelling units per acre on 9.8 acres, and group housing /nursing home /ALF at 0.45 FAR (30 acres total). In this latter rezone, the allowance of commercial uses along US 41 was deemed consistent with the FLUE via the Office and Infill Commercial Subdistrict. The commercial uses allowed are: all permitted uses in C -2, Convenience Commercial zoning district; amusement and recreation services - community theater, miniature golf course, bike and moped rental amusement and recreation services; auto & home supply stores; business services, with exceptions; drinking -2- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict LM Packet Page -237- 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A places, with exclusions; hospitals; membership organizations; miscellaneous retail; museums & art galleries; paint, glass & wallpaper stores; public administration; non - depository credit institutions; real estate; retail nurseries, lawn & garden supply stores; social services; used merchandise stores, with exceptions; U.S. Postal Service, except major distribution center, and, any other commercial use comparable with the foregoing and consistent with the C -2 district. For all three rezones, the property was owned by the [Catholic] Diocese of Venice; was designated Urban Coastal Fringe Subdistrict on the Future Land Use Map (as it is designated today); and, was in the Coastal Management Area then Coastal High Hazard Area - as it is today. It is important to note that application materials suggest the uses generally described in the present Vincentian PUD are the basis from which new /additional uses are proposed, and are not confined to the permitted uses itemized above. This approach is reported further in the Comments Specific to the Commercial Needs Analysis section, below. Justifications (Refer to Attachment "B ", Justification and Supplemental Information) The justifications asserted in the application's supplemental information for the proposed amendment are: (1) The shape and size of the subject site allows for a variety of commercial use options; (2) The area would benefit from additional commercial development; (3) The commercial needs study identifies a need for additional commercial uses and a deficiency in lands designated for commercial development; (4) Low density residential development is not feasible in the current market; (5) The site is well situated due to its access and exposure to an arterial roadway; (6) There is a strong demand for market rate apartments; (7) The minimum density necessary to attract a developer and quality design is considered to be around 12 dwelling units per acre; (8) The amount of commercial acreage and square footage is reduced in a mixed -use development scenario; An assessment finds only some of these justifications are supported by the petition's data and analysis. Detailed analyses are provided further below. Commercial Analysis (Refer to Attachment "E ", Commercial Needs Analysis) Generally, commercial development within a community can be categorized as strip commercial development, neighborhood commercial, community commercial, regional commercial, and so forth. Based on specific studies and /or demographic data for an area, such as population, income, household size, percentage of income spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for various lines of goods and services for that geography by shopping center type. Relevant to the subject petition, a community commercial needs analysis was provided in support of the requested commercial development. The firm of Fishkind and Associates, Inc., conducted a Commercial Needs Analysis dated January 31, 2014 with an amended date of July 31, 2014, identifying the market conditions within a 5- minute, 10- minute and 15- minute drive time from the subject site. This analysis provided an assessment of the community commercial needs for the existing and projected population within the site's market area. Analysis identifies that there is a demand for community serving commercial within the 10- minute and 15- minute drive -time market areas. The commercial square feet demand findings from the study are as follows: -3- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -238- Global - Vincentian Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9A The community commercial square feet demand that can be supported by the area's population projected in 2019 is 920,597 sq. ft. within the 10- minute drive time and 1,438,596 sq. ft. within the 15- minute drive time. To allow for flexibility within the market, the application of a 1.25 market factor yields supportable community square feet of 1,150,747 sq. ft. within the 10- minute drive time and 1,798,211 sq. ft. within the 15- minute drive time. Staff Assessment: Based on the data submitted with this petition it cannot be ascertained whether demand exists for additional community commercial square feet at this location. Irregularities in the data presented, such as the use of dwelling unit figures where commercial analyses typically use household figures contributes to these irregularities. Employing dwelling unit figures where households are being analyzed effectively over - estimates demand as household figures would not produce the same results. Derivative over - estimations directly impact the household income calculations for establishing demand. The application of the figures used produce an unrepresentative data set and conclusions based thereon are inaccurate. [Note: A "household" is, by U.S. Census Bureau definition, an occupied dwelling unit. Given the occupancy/vacancy rates in Collier County, there is a significant difference in the number of dwelling units and number of households in a given geography (countywide 67.5% occupancy /32.5% vacancy, but varies by Census Tract).] Another example of inaccuracies produced by irregularities in the data submitted is the use of population numbers - where the data sets based on Census geography may have been split by the market area boundary. These are the Census sub -areas (Blocks or TAZs) used to calculate the population and households within the market area. For those sub -areas only partially within the market area, using whole - not partial - population figures over - calculates demand. The application of the whole figures used produces an unrepresentative data set and conclusions based thereon are inaccurate. One more example of data irregularity is the all- inclusive commercial center types used in the demand calculations and reflected in the Allocation tables appearing in Commercial Needs Analysis. Household incomes available for spending on different goods and services (general merchandise, food, entertainment, etc.) are distributed among all shopping center types and not allocated further specifically to community commercial shopping centers - again, over - calculating demand. The application of the "all center types" figures produces an unrepresentative data set and conclusions based thereon are inaccurate. The Commercial Needs Analysis reports a community commercial square feet supply of 2,437,398 sq. ft. described as existing or potential community commercial floor area in the market area. Staff Assessment: Many of the community shopping centers listed in the Commercial Needs Analysis contain developed outparcels which would seem to be integral components of the community shopping center, yet are excluded. Staff finds an additional 318,540 sq. ft. for an estimated total of 2,755,938 community commercial development (comprised of the outparcels, omitted square feet at existing centers - gardens centers at four different community centers, and differences in square foot allocations for some community centers). See attached staff worksheet. The data and analysis submitted to support the request addresses community commercial uses only - but proposed Subdistrict provisions also allow neighborhood commercial development, regional commercial development [including several high intensity C -5, Heavy Commercial uses], all office development, and hotel /motel uses. Staff Assessment: Application materials over - estimate demand for, and under - estimate supply of, community commercial development, and do not provide the supply /demand data & analysis for other -4- CP- 2013 -10 / PL20130001767 2013 -10, Globa! Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -239- Global - Vincentlan Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9.A commercial categories. Without such support, it cannot be ascertained that demand exists at t his location for additional neighborhood commercial square feet beyond the square feet already approved in the PUD, or community and regional commercial square feet newly proposed. Apartment Analysis (Refer to Attachment 'D', Rental Apartment Survey) The firm of Fishkind and Associates, Inc., conducted a Rental Apartment Survey dated March 11, 2014 with an amended date of July 31, 2014, identifying the supply and demand trends and associated pricing of the rental apartment market in the County. This analysis surveyed more than forty apartment complexes including 100 apartments or more and assessed the housing needs for [market rate] rental apartment, and found the following: • Increasing Average Sizes and Rental Rates • An Increasing Countywide Occupancy Rate: From 88% in 2010 to 97% in 2013 A Countywide Average Size: z 20 acres • A Countywide Average Density: from z 11 units /acre to >- 13 units/acre • A Countywide Average Unit Count: z 231 units The data and analysis submitted to support the request addresses a specific residential type - rental apartments - and proposed Subdistrict provisions allow only rental apartments. Application materials also review comparable rental condominiums, but do not provide the demand /supply data & analysis for fee simple condominiums, single - family residences or other residential types. Notwithstanding these absences, the demand for market rate apartments can be ascertained. It is important to note that virtually all of the apartment complexes surveyed are located outside the Coastal High Hazard Area, where such densities and unit numbers are appropriate and can be attained. The County's limitations on density are detailed in the Consistency with Coastal High Hazard Area Policies section below. Residential Density and Land Use Intensities The FLUE allows density in the Urban Coastal Fringe Subdistrict, which lies within the CHHA, to exceed 4 dwelling units per acre only for developments qualifying for density bonuses by providing affordable housing. The Subdistrict proposes residential density of nearly 12 dwelling units per acre in a location where 3 dwelling units per acre are allowed [4 dwelling units per acre using the conversion of commercial zoning density bonus, where applicable, or up to an additional 8 dwelling units per acre for affordable workforce housing density bonus] - while no qualifiers for density bonuses are being proposed or met. The vncentian property presently allows for 4 dwelling units per acre based on the residential component acreage for a maximum of 39 dwelling units. Proposed Subdistrict provisions base density on the entire acreage for a maximum of 360 dwelling units. The amount of residential units is not reduced proportionally with any reduction of acreage devoted to commercial development. By way of comparison, the Whistler's Cove PUD meets affordable housing qualifiers for density bonuses and is approved for a density of 10 dwelling units per acre. Application materials present a basis /rationale for allowing residential density to be calculated based upon total property acreage as an opportunity to maximize the site's development potential - without the density bonus qualifiers met by comparable developments- -5- CP-2013-10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -240- Global - Vincentian Mixed Use Subdistrict Appropriateness of the Site 10/28/2014 9.C. Agenda Item 9.A The Mixed Use Activity Center (MUAC) Subdistrict allows the full array of commercial uses (C -1 thru C -5 Districts) and residential density at a maximum of 16 dwelling units per acre, except within the Urban Coastal Fringe Subdistrict (max. of 4 DU /A) and Urban Residential Fringe Subdistrict (max. of 1.5 DU /A, or 2.5 dwelling units per acre utilizing the transfer of development rights). There are 19 MUACs; each is located at the intersection of two major roads, and they are spaced no closer than two (2) miles apart as measured at intersection midpoints. FLUE Mixed Use Activity Center Subdistrict provisions allow for establishment of new Activity Centers subject to the following criteria: • Site must be situated at the intersection of two arterial roads or one arterial and one collector road - as identified in the Transportation Element; • Site must be located no closer than two (2) miles from another MUAC; and, • Market justification must be demonstrated. This amendment allows the option of developing the site with commercial uses as allowed in the C -1 through C -5 zoning districts, with some exclusions, or residential development at 11.74 dwelling units per acre. Essentially, this Subdistrict allows the same commercial development use intensity as the MUAC, and residential development at a higher density than a MUAC within the Urban Coastal Fringe - albeit on 30.6 acres whereas MUAC quadrants were originally 40 acres each (now MUAC quadrants vary from less than 10 acres to roughly 250 acres). No other subdistrict besides MUAC allows the commercial use intensity proposed by this Subdistrict, and few others allow the residential density proposed or the density calculation based on total site acreage within a mixed use project. The subject site does not meet the first two criteria for establishing a new Activity Center and may not meet the third criterion. Community Desires (Refer to Attachment "C', Vision for the East Trail Corridor, and NIM comments toward the end of this Report.) Staff understands that this Vision document was not prepared at BCC direction nor presented to and accepted by the BCC. Nonetheless, staff offers the following observations: • General Urban areas in [East Trail Corridor] Segment 1 and Segment 2 are envisioned to be primarily low to medium density residential in nature but should provide opportunities for mixed use developments and live -work units, with quality landscaping and public parks, squares and greens. The present Vincentian PUD satisfies this vision (at a density of 4 dwelling units per acre), while the proposed Subdistrict would not (with a density of more than 11 dwelling units per acre). • The vision for [East Trail Corridor] Segment 2 does not seek more hotels or other non - community commercial uses, while the proposed Subdistrict allows hotels [and many of these other non - community commercial uses]. These inconsistencies between the proposed Subdistrict text and the Vision document do not lend support to the request. People attending the Neighborhood Information Meeting raised questions and concerns related to site design and land uses. Find more information in the NIM Synopsis below. Consistency with Coastal High Hazard Area Policies within the Growth Management Plan As previously noted, the subject site lies within the Urban Coastal Fringe Subdistrict (UCF) and the Coastal High Hazard Area (CHHA). The CHHA encompasses all of the UCF, some lands north of US 41 East, and some lands north of the City of Naples (mostly west of US 41). The UCF Subdistrict reads as follows: "The purpose of this Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The Subdistrict -6- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -241- 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A comprises those Urban areas south of US 41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises approximately 11,354 acres and 10% of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation designated area, residential densities within the Subdistrict shall not exceed a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfers of Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development." The CHHA reads as follows: "Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is generally depicted on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA. The Capital Improvement Element and Conservation and Coastal Management Element both contain policies pertaining to the expenditure of public funds for public facilities within the CHHA." Historically, the State has discouraged increasing density within the CHHA (so as to direct population concentration away from known or predicted coastal high hazards and not to negatively affect hurricane evacuation times). For the most part, so has the County. Only two density bonuses are applicable in the CHHA - affordable- workforce housing, and conversion of commercial zoning [that has been deemed consistent by policy]; other density bonuses are not applicable within the CHHA. By way of example, the Bayshore /Gateway Triangle Redevelopment Overlay (depicted on the FLUM and generally encompassing lands along Davis Blvd. /US 41 East/Airport- Pulling Rd. /Bayshore Dr.), now entirely within the CHHA, promotes redevelopment, especially of mixed use projects. When the County drafted the GMP amendment to create this Overlay in 2000, it included a traditional density bonus as an incentive (ask for density increase via rezoning process) which would have allowed an overall increase of density in the CHHA. The State objected. The County responded by revising the amendment to establish a density pool derived from previously entitled density from the Naples Botanical Gardens site (the density allowed by the zoning of that site prior to its rezoning to PUD); this was acceptable to the State. This density pool provides for increased density of projects within the Overlay via a reallocation of density, not a creation of new density, thus the overall density within the CHHA is not increased. For most rezones within the UCF, density is limited to a maximum of 4 dwelling units per acre, and typically just 3 dwelling units per acre due to the density reduction factor of minus 1 dwelling units per acre for lying within the CHHA. The primary exception to 3 or 4 dwelling units per acre is for provision of affordable- workforce housing, a density bonus of up to 8 dwelling units per acre. The conversion of commercial zoning bonus is applicable in the UCF only to the extent of increasing density back to the cap of 4 dwelling units per acre [4 DU /A (base density) minus 1 DU /A (CHHA reduction) = 3 DU /A; +1 DU /A (conversion of commercial zoning bonus) = 4 DU /A maximum eligible density for market rate housing]. Outside of the UCF but still within the CHHA, the density cap is 16 dwelling units per acre, not 4 dwelling units per acre [4 DU /A (base density) minus 1 DU /A (CHHA reduction) = 3 DU /A; +16 DU /A (conversion of commercial zoning bonus) = 16 DU /A maximum eligible density for market rate housing]. Under the FLUE's density rating system, density is based upon the total site acreage less commercial and industrial acreage, and less any acreage for uses with a residential density equivalency established in the LDC; and, eligible density is not an entitlement. For the subject site, the maximum eligible density is 3 dwelling units per acre for market rate housing or 11 dwelling units per acre for -7- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -242- 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A affordable- workforce housing (30 acres total minus 8.5 acres commercial tract = 21.5 acres x 3 DU /A = 65 DUs, or, x 11 DU /A = 237 DUs). Note: the existing PUD allows 4 dwelling units per acre, but this density is based solely on the acreage of the residential tracts (9.8 acres x 4 DU /A = 39 DUs). Conservation and Coastal Management Element Policy 12.1.2 reads as follows: "Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times.' The applicant responds that consistency is met by agreeing to provide, as requested by the Bureau of Emergency Services Director, a portable generator for use at emergency shelters. Hurricane Mitigation Requirements Collier County Emergency Management has reviewed the PUD and the associated hurricane mitigation needs to aid in evacuation refuge efforts for this site. Staff has determined that the best mitigation effort for this PUD would be for an off -site nearby public - shelter as is typically the shelter of last- resort. These shelter(s) are determined and announced as the storm approaches Collier County based on storm's intensity, surge model, direction of travel, time of day and day of week impact among others factors. Collier County is therefore requiring the developer to provide a new towable, quiet running, extended run -time towable 45kW (minimum -kW) generator per Emergency Management's specifications. The towable generator will be a one -time developer contribution based on the number of units currently permitted to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre - approved by the Department of Emergency Management as the County has certain interoperable standards and required safety options. The towable generator allows for additional evacuee capacities at various shelter(s) that can be used based on the storm factors referenced above. [Dan E. Summers, Director Department of Emergency Management] Environmental Impacts Passarella and Associates submitted an environmental report, dated October 2013. Collier County Department of Natural Resources personnel reviewed this petition and provided the following analysis: The subject site is an undeveloped 30.68 acre parcel located on the south side of US 41 in the Urban Coastal Fringe Subdistrict. Surrounding properties are developed with residential and commercial uses, with no preserves or undeveloped land containing native vegetation abutting the subject site. The majority of the subject site is forested with native vegetation, mainly slash pine and pine /cypress vegetative communities. Exotic vegetation occupies most of the site, with 50 to 100 percent coverage with exotic vegetation. Also on -site are approximately 12.66 acres of jurisdictional wetlands. Wetlands on -site are isolated with no hydrological connection to wetlands or waters off -site. Listed species surveys were conducted on the subject site on March 6, 2012 and April 7, 1998 by the environmental consultant for the petitioner. No listed wildlife species or signs of listed wildlife species were observed on the property. A literature search by the environmental consultant found no documented occurrences of listed wildlife species on the property and the property not to be located in any state or federal agency designated habitat areas for listed wildlife species. A letter from the Florida Department of State, Division of Historical Resources indicates no significant archaeological of historical sites recorded for or likely to be present within the subject area. The letter also states that because of the property location and/or nature it is unlikely that any such sites will be affected. The site is subject to the requirement for accidental discovery of archaeological or historical -8- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -243- 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A sites as required by Conservation and Coastal Management Element (CCME) Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). The subject site is not located within any County well field protection zones. The proposed GMP amendment allows for the off -site retention of all the native vegetation required to be retained on the subject property. Much of the subject site appears to already qualify for the off -site retention of native vegetation provision in the LDC, which allows for preserves with 75 percent or more coverage with exotic vegetation to be satisfied off -site. To insure the entire preserve requirement can be satisfied off -site, an exemption to the restrictions in the LDC provision has been included in the GMP amendment. Requests for deviations to the native vegetation retention requirements in the GMP and LDC are allowed pursuant to Conservation and Coastal Management Element (CCME) Policies 6. 1.1 (10 & 13). The CCME Policies are as follows. Policy 6.1.1 (10) CCME The County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off -site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on -site will be preserved and appropriately managed off -site. Policy 6.1.1 (13) CCME The County may grant a deviation to the native vegetation retention requirements of sub - sections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or -9- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -244- Global - Yincentian Mixed Use Subdistrict 10/28/2014 9.C. Agenda item 9.A b. On or off -site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result In a presence area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Given the above, staff supports the request to allow for off -site retention of native vegetation Pursuant to Chapter 2, Article VIII, Division 23, Section 2 -1193 of the Collier County Codes of Laws and Ordinances, the project requires review by the [CCPC acting in their capacity as the] Environmental Advisory Council (EAC). A deviation to the provisions in the LDC on when native vegetation can be satisfied off -site is being requested through the GMP amendment. The applicable provision from Chapter 2, Article Vlll, Division 23, Section 2 -1193 of the Collier County Codes of Laws and Ordinances is provided below. (m) Scope of land development project reviews. The EAC shall review the following: (1) Any PUD that requests a deviation from environmental standards of the LDC or any development order that requests a deviation from the provisions identified in GMP CCME Policy 6.1.1 (13). [Stephen Lenberger, Senior Environmental Specialist Surface Water & Environmental Planning Section] Historical and Archaeological ImpaCts The historical and archaeological characteristics inherent to the subject site are addressed in application materials. In a letter dated May 18, 1996 the Florida Department of State, Division of Historical Resources writes, "a review of the Florida Site File indicates no significant archaeological or historical sites are recorded for or likely to be present within the subject area, and that "it is unlikely that any such sites will be affected." Traffic Capacity/Traffic Circulation Impact Study Analysis Including Transportation Element Consistency Determination Trebilcock Consulting Solutions submitted a Traffic Impact Study (TIS), dated October 18, 2013. The substantive review of this document was done by the Transportation Planning Section, and their review comments are provided below. The petition indicates that [the subject site] is intended to have a corporate headquarters based, mixed -use project. The new Subdistrict however, allows for all commercial, all residential, or mixed - use (commercial and residential) development. The TIS analyzes it as a shopping center within a single -use scenario and within a mixed -use scenario. Additional uses that exceed the trip generation limits of the shopping center use have been proposed (i.e. gas station). The land uses proposed are reconciled with the analysis in the TIS, reviewing the trip generation characteristics of each potential use. The most impactful combination of trip generators has been selected at the maximized square footage they could achieve, and a trip generation "cap" has been developed that will become a condition of approval [in the companion PUD]. The proposal may be considered consistent with the Transportation Element of the GMP by way of implementing this Trip Generation Cap at the zoning phase as a mitigation strategy to limit their impacts (which meets Policy 5.1 of the Transportation Element). Implementing the Trip Generation Cap ensures the TIS will be consistent with the categorized land uses, and the PUD and FLUM will be consistent with one another. [John Podczerwinsky, Project Manager Transportation Planning Section] -10- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -245- Global - Vincentian Mixed Use Subdistrict Public Facilities Impact 10/28/2014 9.C. Agenda Item 9.A Development within the Coastal High Hazard Area (CHHA) is addressed in the Conservation and Coastal Management Element (CCME). CCME Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Application materials present the public facilities needed to support the Vincentian Mixed Use Subdistrict as follows: • Water. The subject site will be served by Collier County Water District potable water treatment and distribution system. Depending upon the development scenario (all commercial, all residential, or mixed -use development), the estimated demand for potable water for the project ranges from 28,000 to 42,000 gallons per day [Peak demand: from 78 to 117 gallons per minute]. • Wastewater: The subject site will be served by the Collier County Sewer District wastewater collection and treatment system. Depending upon the development scenario, the estimated demand for wastewater for the project ranges from 25,000 to 38,000 gallons per day [Peak demand: from 69 to 106 gallons per minute]. • Solid Waste Disposal: The service provider is Collier County Solid Waste Management. The Annual Update and Inventory on Public Facilities (AUIR) indicates the County has sufficient landfill capacity up to the year 2065 for the required lined cell capacity. • Stormwater Management: Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of stormwater events by both on -site and off -site improvements. • Park. and Recreational Facilities: There are no anticipated adverse impacts to park facilities from the proposed development. • Schools: There are no anticipated adverse impacts to public school facilities from the proposed development. • Emergency Medical and Fire Protection Services: The subject site is located within the Golden Gate Fire District. The proposed increases of commercial intensity and floor area and increases of residential density and dwelling units are anticipated to have minimal impacts on these safety services. [Kris Van Lengen, Principal Project Manager Public Utilities Planning & Project Management Dept.] NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Thursday, July 17, 201, 5:30 p.m. at the Collier County South Regional Library, Meeting Rm. "B ", located at 8065 Lely Cultural Parkway, Naples. Approximately 16 people other than the application team and County staff attended - and heard the following information: The applicant's agent provided a full description of the proposed GMP amendment to the group, including that the amendment has a companion petition to amend the PUD. Together they will allow for flexibility in design, in terms of allowing a mixture of uses. The applicant desires any residential development to be higher density at market rate, and indicated a commitment to preclude affordable housing. People voiced their concerns regarding affordable housing and supported the applicant's commitment to develop only market rate housing. People voiced their concerns regarding storm events and water run -off, and the distances water management facilities, buffer plantings and berms would be to their properties. They also discussed - 11 - CP-2013-10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -246- 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A interconnection with the Hitching Post Plaza, and suggested that these features [indicated above] be designed to not obstr u4 interconnection and afford the ability to create access. Land uses on both side of this property boundary would need to be configured or reconfigured to keep this option open - and both the applicant and the speakers were encouraged to pursue this further. People voiced their concerns about the height limitations on buildings for the variety of different uses allowed, such as the mufti - family residential buildings, senior living facilities, hotels, and so forth. The applicant's agent described their design as one providing "good" separation and substantial landscape buffers. Aside from the concerns summarized above no one in attendance expressed opposition to the proposed GMP amendment. The meeting was completed by 6:30 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: The following findings and conclusions result from the reviews and analyses of this request: • The subject site was approved in 1999 for mixed use development only - not stand -alone commercial or residential development. The approved density of 4 dwelling units per acre based only upon PUD residential tracts acreage yields less density than allowed by the FLUE (39 vs. 65 DUs). • More than 12,000 approved but un -built dwelling units are proximate to this site, with application materials explaining why this existing inventory cannot be used to meet the demand for more apartments. The proposed Subdistrict limits residential development to market rate apartments only. • Subdistrict allows residential density of nearly 12 dwelling units per acre in a Coastal High Hazard Area location where additional dwelling units (beyond 4 DU /A) can only be attained when qualifying for an affordable workforce housing density bonus, but no qualifiers for density bonuses are met. • The amount of residential units in mixed use developments are typically reduced proportionally with the amount of acreage devoted to commercial development, but this Subdistrict bases residential density on the entire acreage allowing for 360 dwelling units. • To represent shopping practices in typical market analyses, a declining household percentage is applied to the three drive times, the farther from the subject site the market area extends. • Significant impacts to public facilities, as defined in the Capital Improvement Element, with respect to Transportation, Potable Water Supply, Wastewater Treatment, Stormwater Management and Solid Waste Disposal facilities will not result from this amendment. • Based on data and analysis submitted for the supply of existing and potential commercial development and demand within the market area for the subject site, the additional need for the proposed commercial uses contemplated by this amendment to serve the surrounding residential areas cannot be ascertained /has not been demonstrated. • Adverse environmental impacts will not result from this amendment. Staff finds that the data and analysis for the subject Growth Management Plan amendment does not support the proposed changes to introduce a new Subdistrict by redesignating the subject site from the Urban Coastal Fringe Subdistrict to the Vincentian Mixed Use Subdistrict. -12- CP- 2013 -10i PL20130001767 201_3 -10, Globai Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -247- Global - Vincentlan Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9.A LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's Office and is legally sufficient. [HFAC] STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CP- 2013 -10, as submitted, to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity. IF the Planning Commission chooses to recommend transmittal as proposed by petitioner, staff recommends the following revisions to the applicant's proposed Subdistrict text (for proper code language, format, clarity, etc. only - not intended to change allowable uses, intensities, development standards or other items of substance): Note: Words underlined are added - as proposed by petitioner; words double underlined are added, words demble s4welo 1hpawgh are deleted - as proposed by staff. Insert on Page 46 of the Future Land Use Element: 17. Vincentian Mixed - Use Subdistrict This Subdistrict contains approximately 30.68 acres, end is located on the southwest side of Tamtam' Trail East (US 41) ae4l%ev#% and is depicted on the Vincentian Mixed Use residential development in close proximity to this Subdistrict audigr the areater Naples area, and IQ provide employment _opportunities for residents in the surroundina area develaa weat. The Property may be developed entirely as commercial entirely as residential or as a mixture of residential and commercial uses. The demlopment of this Subdistrict shall comply with the following restrictions limitations and standards: allmva 9" a. b• Prohibited uses: 1. Pawn shoos (5932). 2. Adult book stores, adult video rental or sales, or any other use that is defined as a "sexually oriented business" in the Collier County Code of Laws 26 -151 et sea 3. Animal specialty services except veterinary (0752); except outside kenneling and dog grooming are permitted, 4. Automatic merchandising machine operators (5962). 5. Correctional institutions (9223). 6. Crematories (7261). 7. Farm product raw materials (5153 - 5159), 8. Fishing, commercial (0912- 0919), -13- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -248- Global - Vincentian Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9.A 9. Fuel dealers (5983 -- 5989). 10. Homeless shelters and soup kitchens 11. Installation or erection of building equipment contractors (1796 12. Local and suburban passenger transportation (4131 -4173) 13. Marinas (4493 & 4499) . 14. Motor vehicle dealers, used only (5521) 15. Miscellaneous personal services not elsewhere classed (7299) Coin operated service machine operations. Comfort station operation Escort service Locker rental Massage parlors (except those employing licensed therapists) Rest room operation Tattoo parlors Turkish baths Wedding chapels privately operated 16. Power laundries, family and commercial (7211) and 17. Transfer stations (4212). Additional use restrictions and intensity standards: 2. Residential develooment shall will be limited to a maximum density of 11.74 unitW per acre calculated on the gross acreage of the eras property inclusive of any commercial portions for a maximum cf 360 dwelling units 3. If the project is developed as mixed use iresidential and commercial uses the 4. Under any of the development scenarios above the average weekday om peak hour entering /exiting trip generation shall not exceed 1 107 total trips 5. 6. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilitles such as a pool clubhouse and tennis courts. d. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a PUD Planned Unit . Developmen � The rezone ordinan .P hall contain development and design standards to ensure compatibility with intemal uses as well as adiacent external uses and all include additional restrictions and staudacda neQaaaary to inum that gam and bL2uM of ooeration are compatible with surrounding land „cos 2. The subiect site will be developed with a common architectural and landscaping theme to be submitted WAft et-�s.e€ he first Site Development Plan 3. The unified planned development submitted at time of the first Site Development Plan will reflect. to the maximum extent feasible intemal connectivity through shared parking and cross- access agreements. -14- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -249- Global - Vincentian Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9.A *All 91084id" MhRiFARAFA of vn- _ - 5. 4_ Pedestrian connections are encouraged, both with perimeter properties, where feasible, and between internal buildings. 6. 5, Building height shall be permitted to a maximum of 50 feet zoned and 57 feet actual. 7. f, The building setback from any of the Subdistrict boundaries shall be 50% of the building height, but not less than 25 feet. Woe OR 1 1149 dOV61908F 814811 1RFQV6d8 6161611410004 069& 9. L At the time of Site Development: the reguired on -site vegetation retention may be satisfied off -site. pursuant to Policy 6.1.1 (13) of the Conservation and Coastal Management Element CCME of the Growth Manaciament Plan. The Rortion of native vegetabon satisfied off -site shall follow the procedures of the LDC but not be su .iect to the restrictions and limitations in the LDC on the vegetation allowed to be taken off -site, except that remaining portions of Preserve on -site shall be a minimum of one acre in size. If the portion of native vegetation satisfied off -site is met by land donation to the County, the specific off -site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. 10.8. Residential A ieeatiai development shall be limited to deyakijoed -as a market -rate rental apartment proiect As a second alternative: IF the Planning Commission chooses to recommend transmittal - but without the residential component and limiting commercial uses to non - regional commercial development - staff recommends the following revisions to the applicant's proposed Subdistrict text (for proper code language, format, clarity, etc. AND to eliminate the residential component, attempt to limit commercial to non - regional uses, and limit building floor area): Note: Words underlined are added - as proposed by petitioner; words double underlined are added, words are deleted - as proposed by staff. Insert on Page 40 11 of the Future Land Use Element: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed -Use Subdistrict -15- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -250- 10/28/2014 9.C. Global - Vincentian Mixed Use Subdistrict Agenda Item 9.A 11. Research and Technology Park Subdistrict 12. Bucikiey Mixed -Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Livingston/Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict B. URBAN - COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict *** * ** * ** *"* *** Text Break 11. Orange Blossom/Airport Crossroads Commercial Subdistrict 12. Vincentian Commercial Subdistri Insert on Page 26 of the Future Land Use Element: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict Was Swb9isiFiet; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, Vincentian Commercial Subdistrict, in the Bayshore /Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. Insert on Page 46 of the Future Land Use Element: 17. Vincentian Commerdal Awe Subdistrict community commercial development, The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict and/or the greater Naples and pote4ally all to provide employment opportunities for residents in the surrounding area. deetial.r ,a�a 9OFFIFROF8*81 WOOS= The OpmelQ12mClil of this Subdistrict shall comply with the followina restriction% limitations an standardai a. Allowable uses; All uses allowed by right in the C4 - tt-eta h-G6 zoning districts, as list in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict. -16- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -251- Global - Vincentlan Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9.A 1A Meter 1� Miseallanasr+s- Dersena! sawme6rp, Rai slassk ^I oral 6:2-9W QO ..Wd ROPAGO rwa @pine -epA "ens, GeFRfArt staf+en eaerQiew,- Fisseri servies 16 'ewer 17 c. Additional use restrictions and intensity standards: 1. Commercial uses shall wig be limited to a maximum of 200.QQQ 25A•rQW square feet leasable floor area (GLFA) a and an assisted living facility (wax: maximum FAR 0.6). -- Residew#. ...HI l- e- lirwit -&R g m aim -m dewsitief 11 7j4 if a..n@P+a+l eee is RSMs+v F W OF ef K!, el:- 414e -84964 @hell net eNeee 4. 2, Under any of the development scenarios above the averaae weekday pm peak hour entering /exiting trip generation shall not exceed 1.107 total trips. -17- CP- 2013 -10/ PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -252- Global - Vincentian Mixed Use Subdistrict 5. 10/28/2014 9.C. Agenda Item 9A 6. & A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool clubhouse, and tennis courts. d. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a PUD Planned Unit operation are comoatible with surrounding land u z 2. The subiect site will be developed with a common architectural and landscaping theme to be submitted with akbe4kpie -e€ the first Site Development Plan 3. The unified planned development submitted at time of the first Site Development Plan will reflect. to the maximum extent feasible internal connectivity throuah shared Parking and cross - access agreements. -goes eke" be 5. %, Pedestrian connections are encouraged both with Perimeter properties where feasible and between internal buildings. 6. 5--Building height shall be permitted to a maximum of 50 feet zoned and 57 feet actual. 7. fi, The building setback from any of the Subdistrict boundaries shall be 50% of the buildinq height. but not less than 25 feet. ..i: L.I.. ..,:4L. .. ...J 1.... I....J -- - - - - larlrr "@or" 9. 7. At the time of Site DpvpinnRlpnt tha rani lirarl nn -ci +n ..cnc +�f;- , rc +e.. +:........,.. L.. ..a: .r_-1 the LDC on the vegetation allowed to be taken off -site except that remaining12ortions of preserve on -site shall be a minimum of one acre in size If the portion of native vegetation satisfied off -site is met by land donation to the County, the specific off -site Property shall be taken to the Board of County Commissioners for acceptance However a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required Insert on Page 141 of the Future Land Use Element: Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach /Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed -Use Subdistrict Map Buckley Mixed -Use Subdistrict Map -18- CP- 2013 -10 / PL20130001767 2013 -10, Giobal Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -253- Global - Vincentian Mixed Use Subdistrict 10/28/2014 9.C. Agenda Item 9.A Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beaw Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Commercial Miged -lel" Subdistrict Mao -19- CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -254- Global - Vincentian Mixed Use Subdistrict PREPARED BY: 10/28/2014 9.C. Agenda item V.A 1 DATE: i A vin 14 Corby Schmi5TJ AICP, Principat Planner Comprehensiv Planning Section, Planning And Zoning Department REVIEWED Bllk DATE: David Weeks, AICP, Growth Management Plan Manager Comprehensive Planning Section, Planning And Zoning Department x-11 -1q REVIEWED BY: �j DATE: Mike Bosi, AICP, Director, Planning And Zoning Department Zksalanguida, BY: DATE: KAKinis1ratopO Growth Management Division PETITION NO.: CP- 2013 -10 / PL- 2013 - 0001767 Staff Report for the August 21, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the October 14, 2014, BCC Meeting. CP- 2013 -10 / PL20130001767 2013 -10, Global Properties: Creating the Vincentian Mixed Use Subdistrict Packet Page -255- com'I s.f. comparison 10/28/2014 9.C. s.f. - staff s.f. - petitioner difference Existing Community Commercial - 5 mile 859,358 807,449 51,909 Potential Community Commercial - 5 mile 497,467 550,735 (53,268) SUM 5 mile i,5_-VO'Oz2 1,370,104 %.x,,777/ Existing Community Commercial -10 mile 924,985 1 852,558 72,427 Potential Community Commercial - 10 mile 347,500 327,000 20,500 SUM 10 mile JL'JL sa V4,7ci Existing Community Commercial - 15 mile 1 422,773 1 336,564 1 86,209 Potential Community Commercial -15 mile 1 2,333,165 2,100,834 232,331 SUM 15 mile z,i5 .J,y30 c,43i,a7O Si.Op7Yl/ SUM Marco 110,532 110,596 (64) SUM of Existing & Potential Community Commercial 5,495,780 5,085,736 410,044 conclusion: staff estimates a total of 410,044 s.f. more community commercial development than petitioner 1',.«.�.:..o. •��. •�.1GMD- �DS\CDES PR... S.­... \C.m.. ... .•'­\COMP PLANNING GMP DATA\'-. —, R.. Am....,.,... \2013 C..:..& Sm S­.P.. ,... \20130,...3 0­... \CP- 201310, V:..�.,..:.� M.. U.. S... _x3 10 &. R.- ..�., •.,I4..,. 2014 Packet Page -256- 10/28/2014 9.C. RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITYANTENSITY: UP TO 10 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 307 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL AT A FLOOR AREA RATIO OF .60 AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF .60. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C -1 GENERAL OFFICE THROUGH C -3 COMMERCIAL GENERAL ZONING DISTRICTS IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND US 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 31 t ACRES. (PL20130001767/CP- 2013 -10] WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Robert J. Mulhere FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA on behalf of Global Properties, LLC, has initiated this amendment to the Future Land Use Element and Future Land Use Map an Map Series; and [ 14 -CMP -0093 1 /1 1 1 7300/ 1 1 34 — Rev. 9/16/14 Words underlined are additions; Words stmek thfough are deletions * ** * ** * ** * ** are a break in text Packet Page -257- 10/28/2014 9.C. WHEREAS, on August 21, 2014 and September 4, 2014, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on October 14, 2014, the Board of County Commissioners, at a public hearing, approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section I63.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman [14 -CMP- 0093 1/1 1 1 7300/1] 34 — Rev. 9/16/14 Words underlined are additions; Words Wueh 4woegh are deletions * ** * ** * ** * ** are a break in text Packet Page -258- 10/28/2014 9.C. .ow„ Approved as to form and legality: Heidi Ashton - Cicko' Managing Assistant County Attorney Attachment: Exhibit "A" — text and maps CP \14 -CMP- 00931\2 [I 4-CMP-0093 1 /1 1 17300/1] 34 — Rev. 9/16/14 Words underlined are additions. Words stmslrthrough are deletions * ** * ** * ** * ** are a break in text Packet Page -259- 10/28/2014 9.C. PL20130001767 CP- 2013 -10 EXHIBIT "A" FUTURE LAND USE ELEMENT [Page 10] Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed -Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed -Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Livingston /Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict 17. Vincentian Mixed Use Subdistrict * # ## * # *# # * ** # * ## # # ## * # ## * * ## * * ## # # ## # * ## * # ** [Page 26] 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston /Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston /Pine Ridge Commercial Infill Subdistrict, Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette /Pine Ridge Commercial Infill Subdistrict; Orange Blossom /Airport Crossroads Commercial Subdistrict, in the Bayshore /Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. Words underlined are added; words straskt#rsag# are deleted. Row of asterisks ( * * ** * * ** * * * *) denotes break in text. Packet Page -260- 10/28/2014 9.C. PL20130001767 CP- 2013 -10 [Page 46] 17. Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30 68 acres is located on the southwest side of Tamiami Trail East (US 41) and is depicted on the Vincentian. Mixed Use Subdistrict Map The purpose of this Subdistrict is to allow for neighborhood community, and regional commercial development• residential development: and mixed use (commercial and residential) development The Subdistrict is intended to include commercial uses to serve the emergina residential development in close proximity to this Subdistrict and to provide employment opportunities for residents in the surrounding area. In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan, residential development shall be limited to market -rate units so as to avoid the concentration of affordable housing in one location in the County. The property may be developed entirely as commercial, entirely as residential or as a mixture of residential and commercial uses The development of this Subdistrict shall comply with the following restrictions limitations and standards: a. Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the 1. Department store (5311), 2. Hotel (7011, hotel only), 3. Dental laboratories (8072), 4. Nursing and personal care facilities (8051). 5. General warehousing and storage (4225, indoor self - storage warehousing only) and 6. Automotive rental and leasing (7514- 7515). b. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), and one hotel (maximum FAR 0.6 and a maximum of 150 rooms) and an assisted livinq facility (maximum FAR 0.6). Additionally, for every acre of hotel or ALF the maximum allowable commercial GFA shall be reduced by 10,000 square feet. 2. Residential development shall be limited to a maximum density of 10 units per acre calculated on the gross acreage of the property exclusive of any commercial portions for a maximum of 307 multi - family dwelling units. 3. If the Proiect is developed as mixed use (residential and commercial uses) the residential density allowance is as provided for in Number 2. above and the commercial portion of the proiect shall not exceed 10 acres in size and a maximum of 128.000 square feet of GFA of commercial uses, and a 150 -room hotel not to exceed 0.6 FAR and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre of hotel or ALF the maximum allowable commercial GFA shall be reduced by 10.000 square feet. 4. A stand -alone automobile service station (i.e. retail fuel sales in coniunction with a convenience store) is prohibited• however, accessory fuel pumps in association with a grocery store or membership warehouse type facility greater than 15,000 square feet of GFA are allowed. 5. A recreational site for the use of the adiacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool clubhouse and tennis courts. Words underlined are added; words s#F►sk thmugh are deleted. Row of asterisks ( * * ** * * ** * * * *) denotes break in text. Packet Page -261- 10/28/2014 9.C. PL20130001767 CP- 2013 -10 c. Site Development: 1 Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adiacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2 The subject site will be developed with a common architectural and landscaping theme, to be submitted with the first Site Development Plan. 3 The unified planned development submitted at time of the first Site Development Plan will reflect to the maximum extent feasible internal connectivity through shared parking and cross - access agreements. 4. Pedestrian connections are encouraged both with perimeter properties, where feasible, and between internal buildings. 5 At the time of Site Development Plan approval the required on -site vegetation retention may be satisfied off -site pursuant to Policy 6 1 1(13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on -site native vegetation must be retained on -site If the portion of native vegetation satisfied off -site is met by land donation to the County, the specific off -site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. * * ** * * ** R *RR RR *R R * ** *RRR R * ** R * ** R * ** R * *• * * *R [Page 141] Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach /Collier Boulevard Commercial Subdistrict Map Goodiette /Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed -Use Subdistrict Map Buckley Mixed -Use Subdistrict Map Livingston /Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road /Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom /Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Mixed Use Subdistrict Map Words underlined are added; words struck through are deleted. Row of asterisks ( * * ** * *** * * * *) denotes break in text. Packet Page -262- --- 10/28/2014 9.C. I T 46 S T 47 8 T 48 9 i T 46 S T 50 S T 51 S T 52 S T 53 3 F-i Cv (L It on; El' 1. LLJ CL All milm Il Sol, 0 7 ONE H4 it I in o m HE OEM a E1111111110 a -NnoD iwo O Ilk V LIJ -NnoD iwo Packet Page -263- O >< LIJ Ila I 1.1 CL gn 44 z 44 11611.1 u dt. CF. L) Lij Uj D C) RT I s tv I s It i j & 6t L 9 09 I s Is i S rg I s CS I Packet Page -263- 10/28/2014 9.C. EXHIBIT a PETITION PL20130001767 / CP- 201310 ,Sol vINCENTIAN MIXED USE SUBDISTRICT COLLMR COUNTY, FLORIDA 4 �Zl O S B P� 7Q I LEGEND SMF ® SUBDISTRICT PNEPMO Wo QS/QW MAPPW SEtTM 0 1000 FT. 2000 FL O MrtM MMMEL NT MOM / KM HM AND IIO "T M DATE: 7/2014 Fad CP- 40th -1OAJM Packet Page -264- PL20130001767 EXHIBIT "A" FUTURE LAND USE ELEMENT Policy 1.1: 10/28/2014 9.C. �.r- �v10-1v [Page 10] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed -Use Subdistrict 9. Vanderbilt Beach /Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed -Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed -Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Livingston /Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict 17. Vincentian Mixed Use Subdistrict [Page 26] 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed -Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston /Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston /Pine Ridge Commercial Infill Subdistrict, Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette /Pine Ridge Commercial Infill Subdistrict; Orange Blossom /Airport Crossroads Commercial Subdistrict, in the Bays hore/G ateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. [Page 46] Words underlined are added; words are deleted. Row of asterisks * * ** * * ** * * ** ( )denotes break in text. Version Date: 10/21/2014 Changes from the previous version are highlighted and double - underlined or Packet Page -265- 11�] 10/28/2014 9.C. PL20130001767 "1 - "U -' 17. Vincentian Mixed Use Subdistrict I Ills Subdistrict i i nia �U�uistrict ContalriS apprc7ximiatelV 30.68 acres i5 located oi-i tiie soiatiiiweSt side of Taniiariii Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood community, and regional commercial development; residential development; and mixed use (commercial and residential) development. The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict and to provide employment opportunities for residents in the surrounding area In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan residential development shall be limited to market -rate units so as to avoid the concentration of affordable housing in one location in the County. The property may be developed entirely as commercial entirely as residential or as a mixture of residential and commercial uses. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: a Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the C-3 zoning district both by right and by conditional use as listed in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict. Additionally, the following uses are allowed: 1. Department store (5311), 2. Hotel (7011, hotel only), 3. Dental laboratories (8072), and 4. Nursing and personal care facilities (8051) Ewe,ai;al .. ,.. F,'., ��-In ., .,a ,rl � ,.. I A O0 _ _ �+ 4i. +..I d 1aigin (764 A 764 6) fETF' F3 i776 /F7"V't3"I�TfF"EIT- e��f�S���'�* - °` b Additional use restrictions and intensity standards: 1 Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA) and one hotel (maximum FAR 0.6 and a maximum of 150 rooms) and an assisted living facility (maximum FAR 0.6). Additionally for every acre of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,000 square feet. 2 Residential development shall be limited to a maximum density of Q 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of &G7 224 multi - family dwelling units. 3 If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2 above and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses and a 150 -room hotel not to exceed 0.6 FAR and an Assisted Living Facility at a 0.6 FAR Additionally, for every acre of hotel or ALF the maximum allowable_ commercial GFA shall be reduced by 10,000 square feet. 4 A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited; however, accessory fuel pumps in association with a grocery store or membership warehouse type facility greater than 15,000 square feet of GFA are allowed. Words underlined are added; words StFUGk thFeugh are deleted. Row of asterisks ( * * ** * * ** * * * *) denotes break in text. Version Date: 10/21/2014 Changes from the previous version are highlighted and double - underlined or Packet Page -266- PL20130001767 10/28/2014 9.C. VF -LV IJ- IV 5. A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may include facilities such as a pool clubhouse and tennis courts. c. Site Development: 1. Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses 2. The subject site will be developed with a common architectural and landscaping theme to be submitted with the first Site Development Plan 3. The unified planned development submitted at time of the first Site Development Plan will reflect, to the maximum extent feasible internal connectivity through shared parking and cross - access agreements. 4. Pedestrian connections are encouraged both with perimeter properties where feasible and between internal buildings. 5. At the time of Site Development Plan approval the required on -site vegetation retention may be satisfied off -site, pursuant to Policy 6 1 1(13) of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan At a minimum 15 percent of the on site native vegetation must be retained on -site If the portion of native vegetation satisfied off site is met by land donation to the County, the specific off -site property shall be taken to the Board of County Commissioners for acceptance However, a hearinq before the Conservation Collier Land Acquisition Advisory Committee will not be required [Page 141] Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach /Collier Boulevard Commercial Subdistrict Map Goodlette /Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed -Use Subdistrict Map Buckley Mixed -Use Subdistrict Map Livingston /Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road /Eatonwood Lane Commercial infiii Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom /Airport Crossroads Commercial Subdistrict Livingston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Mixed Use Subdistrict Map 3 Words underlined are added; words EAFLIG14 thFGugh. are deleted. Row of asterisks ( * * ** * * ** * * * *) denotes break in text. Version Date: 10/21/2014 Changes from the previous version are highlighted and double - underlined or Packet Page -267- PUBLIC; NOTICE PUBLIC: N UTIC:E PUBLIC: NOTICE NOTICE OF PUBLIC HEAR. 10/28/2014 9.C. NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, October 14, 2014, in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 Icimialmi III East, Naples, Florida. Tile meeting will, colmlmenlce at 9:00 A.M. The purpose of the hearing is to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITYANTENSITY: UP TO 10 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 307 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL AT A FLOOR AREA RATIO OF .60 AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF .60. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C -1 GENERAL OFFICE THROUGH C -3 COMMERCIAL GENERAL ZONING DISTRICTS IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND US 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 31 ± ACRES. [P.L20130001767 /CP- 2013 -10] T LELY, A R ORT COMMUNITY � y y� NAPLES MANOR DRI) > W T m O m 'C 29 28 27 � MICELI U w (S) �S C MYRTLE 9% U WOODS WHISTLERS COVE PROJECT TREE TOPS LOCATION TRAIL ACRES 32 33 34 \ANCENTIAN (S) WENTWORTH ESTATES VICTORIA FALLS All interested parties are invited to appear and be heard. Copies of the proposed Resolution will be made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, October 14, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA TOM HENNING - CHAIRMAN DWIGHT E. BROCK, CLERK - By: Martr- -k (SEAL) Packet Page -268 - No 231123836 September 24 2014