Agenda 01/22/2013 Item #16A12 1/22/2013 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve the proposed adoption schedule for the Collier County
Administrative Code and to direct the County Manager to develop a new land use petition
type to address redevelopment in an expedient and cost efficient manner.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval for the Collier
County Administrative Code proposed adoption schedule and to direct staff to develop a new
land use,petition type to address redevelopment in an expedient, holistic and cost efficient
manner.
CONSIDERATION:
Administrative Code Schedule:
The Administrative Code combines the procedures for developing property that are contained
throughout the Land Development Code (LDC) into a single document. It is designed to be user
friendly and to assist applicants, design professionals, and County Staff in understanding many
of the complex permitting processes in Collier County. The Administrative Code will describe
the application contents, staff review process, public notice procedures, and reviewing agencies
for land use petitions and the approval process for administrative applications. The
Administrative Code will be adopted by Ordinance and amended by Resolution. In tandem with
the development of the Administrative Code, the LDC will be amended to remove many of the
procedural requirements. Following the original direction by the Board, the proposed
Administrative Code and related LDC amendments will not change the intent of the regulatory
provisions in the LDC. However,a limited number of procedural changes will be recommended
by County Staff to provide a more consistent approach to the numerous processes within the
County.
The Administrative Code and corresponding LDC amendments are currently being reviewed for
legal sufficiency by the County Attorney's Office. These documents will begin the public
vetting process on January 24, 2013 with the review by the Development Services Advisory
Committee - Land Development Review (DSAC-LDR) subcommittee. Following the
recommendations of the DSAC-LDR subcommittee to DSAC, to the Planning Commission is
scheduled to begin its review in late spring of 2013. The Development Services Advisory
Committee and the Planning Commission will review the Administrative Code incrementally,
examining and commenting on several chapters at a time. The Administrative Code will be
presented for Board action following the review and approval of the Planning Commission.
The goal of the 2013 adoption schedule is to create a core Administrative Code, with future
additions and amendments proposed as necessary. To assist with future review and analysis,
procedural and policy changes which may change the intent of the LDC will be documented as
the Administrative Code and LDC amendment are reviewed by the.DSAC-LDR subcommittee
and the Planning Commission.
Development of a new land use petition type to address redevelopment:
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The Growth Management Division has identified the need for a new land use petition type to
address conflicts and constraints associated with redevelopment projects. Generally speaking,
the term redevelopment refers to modifications to an existing improved property. Currently,the
LDC allows for several forms of relief from the standards, with justification, including:
architectural deviations, exemptions from parking requirements, and landscaping alternatives.
However, these forms of relief are not applied holistically, but rather with multiple applications.
As Collier County continues to redevelop, especially in the urbanized area, a land use petition
that addresses all development standards at once will provide for an efficient and economically
viable redevelopment review and approval process.
Following a review of land development codes in Florida, County Staff proposes adapting the
City of Naples' Site Plan with Deviations application and process to accommodate
redevelopment in the County.
The City of Naples' Site Plan with Deviations is a land use petition which allows an applicant to
request specific deviations from the City of Naples' Code of Laws and Ordinances, which
contains the development and approval standards for the City of Naples. The Site Plan with
Deviations grants dimensional deviations and can be employed for projects that comply with all
zoning requirements, including density, permitted and conditional uses, and which are consistent
with the City of Naples' comprehensive plan. The petition is approved through a public quasi-
judicial process the following criteria guide the review and analysis of an application:
• Land uses and densities within the development shall be consistent with the permitted
and conditional uses in the zoning district. Conditional uses approved as part of this plan
approval shall comply with the standards for approval in section 46-34. /"•
• The development shall comply with applicable city plans and planning policies, and shall
have a beneficial effect both upon the area of the city in which it is proposed to be
established and upon the city as a whole.
• The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
• Streets, utilities, drainage facilities, recreation areas, building heights, sizes and yards,
and vehicular parking and loading facilities shall be appropriate for the particular use
involved.
• Visual character and community amenities shall be equal or better in quality than that
required by the development standards for the district.
• Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
• Deviations shall be clearly delineated in the petition and shall be the minimum required
to achieve the goals of the project and comply with these standards.
• The proposed development is consistent with the comprehensive plan.
(The City of Naples, Code of Laws and Ordinances,section 46-33)
The Site Plan with Deviations was implemented by the City of Naples in 2008 and since that
time numerous projects have been reviewed and approved. The full codified language for the
Site Plan with Deviations is provided in Attachment 1. A snapshot is provided below of two
recent projects. Select application materials and the City of Naples' Staff Reports for these
projects are provided in Attachment 2.
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1/22/2013 Item 16.A.12.
1. Recently Completed Project: Naples Plaza, 1901—2175 9th Street North,Naples,FL
The Naples Plaza was originally built in the early 1960's and is a nonconforming site. In
2011, the City of Naples approved the redevelopment project which included
demolishing the existing Publix and former Walgreens buildings, rebuilding the Publix,
and providing façade improvements for the entire plaza. In addition, other site
enhancements were provided. The applicant requested several deviations, including:
decreased rear building and sign setbacks, increased the lot coverage, a reduced number
of parking spaces and sign and wall dimensional variations.
In the Staff Report provided to the Planning Advisory Board, Staff recommended
approval of this project because it improved the site conditions and the deviations granted
were to assist with the existing nonconformities that were site specific. This project was
approved by the City Council in the fall of 2011 and is recently finished construction.
2. Approved Project: Construction of three, two-story single-family homes, i.e. "row
homes," 630 and 664 3'd Ave. S,Naples,FL
In 2005, this site was zoned and approved for a multifamily development but the project
was not constructed. In 2012,the property owner applied for a Site Plan with Deviations
with a request to reduce the side yard setbacks from 10 feet to 7.5 feet in order to build
three,two-story single-family homes, or"row homes"on individual lots.
In the Staff Report provided to the City of Naples Planning Advisory Board, Staff
recommended approval of this project because it met the zoning requirements for the
multifamily residential district and reduced the density of the property. This project was
approved by the City Council in the fall of 2012 and is the second of two "row home"
projects to be approved.
These approved projects offer insight into how the City of Naples' Site Plan with Deviations
approval process can be improved. In speaking with the agent for the "row homes"project noted
above, the main concern with the process is the number of steps required to receive approval.
The process for the Site Plan with Deviations involves Staff review and several public hearings,
including preliminary and final review by the Design Review Board (which reviews all land use
petitions associated with architectural and landscape plans), a review by the Planning Advisory
Board, and consideration by the City of Naples City Council at an advertised public hearing.
The process, with four public hearings, took close to four months for the "row home" project to
be approved. County Staff recognizes a speedier process would enhance the petition process.
For example, review and recommendation by Staff and an approval by a Hearing Officer would
offer a public and quasi-judicial review process. This two-step process would reduce the time
frame considerably.
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Several recent projects in Collier County may have benefited from a modified Site Plan with
Deviations process. An overview of two projects is provided below:
1. Proposed Project: Dunkin Donuts,3091 Tamiami Trial E,Naples Florida
In 2009, the applicant sought a site development
plan amendment to redevelop an existing fast food
restaurant property and open a Dunkin Donuts
along U.S. 41, between Airport Rd. and
Shadowlawn Dr. The building had been vacant for
over a year and the existing features were
nonconforming. Some of the nonconforming
features included reduced sidewalk widths, an
inadequate number parking spaces, transportation
" circulation and ingress/egress complications, and
reduced landscaping and architectural standards.
Photo Caption: Proposed Dunkin Donuts location, source: Google Earth.
The proposed Site Plan with Deviations petition provides an opportunity for the applicant
to request relief from several of the existing nonconforming site features. For example, a
reduction in parking spaces, reduced sidewalk widths, and architectural standards can be
addressed through a Site Plan with Deviations petition. In many instances, the LDC does
not provide relief, apart from a variance, for certain standards, such as nonconforming
sidewalk widths. The Site Plan with Deviations provides this opportunity through a
formal and public review process. However, it is important to note that some site
constraints will continue to prevail.
In this instance, the Florida Department of Transportation and County transportation
policies identified that direct access to U.S. 41 was unavailable to the proposed Dunkin
Donuts. This access was deemed a necessity for the entity and the project was not
pursued. The site remains vacant today. However, combination of deviation approvals,
such as relocating buffers, a reduction in parking requirements, allowing additional
directional signage, and an interconnection with the neighboring property provides an
opportunity for this parcel to be redeveloped.
2. Completed Project: Augustina's Taste of Chicago,3300 Davis Blvd.,Naples FL
In 2011, the applicant sought a site
improvement plan to redevelop an
� ' existing gas station on the corner of
s Davis Blvd. and Airport Rd. into a
restaurant, now called Augustina's
Taste of Chicago.
Because the applicant sought a site
improvement plan, the landscaping
and stormwater requirements were to
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1/22/2013 Item 16.A.12.
be brought into conformity with the
code to the greatest extent possible.
However, the change in use required an
} administrative parking exemption. In
E 1 this instance, the Site Plan with
Deviations may have assisted in
.0;
reducing the number of application
types submitted to the County.
Photo Captions: Top: Augustina's Taste of Chicago prior to redevelopment, source:
Google Earth; Bottom: The completed restaurant, source:Naples News.com
There are other projects in Collier County that are in the initial stages of planning which may
also benefit from a Site Plan with Deviations process. For example, an applicant is interested in
redeveloping the vacant Century Link building near the corner of Davis Blvd. and Airport Rd.
into a luxury used car dealership. The majority of this site is impervious surface and although
the stormwater features can be improved, the LDC standard may be impracticable. Additional
relief in signage, parking standards, and fence requirements may assist in the redevelopment of
this parcel.
FISCAL IMPACT:
Administrative Code Schedule:
There is no fiscal impact associated with the Administrative Code schedule for adoption.
Development of a new land use petition type to address redevelopment:
The following are the fiscal impacts to consider for a new land use petition type:
1. The development of a Site Plan with Deviations petition. This application would allow
for current administrative waivers or exemptions to be consolidated into one form,
process and fee. It is likely this petition would replace many standard Site Development
Plan applications. To accommodate the review of a petition which includes one or more
exemptions,waivers, or deviations, Staff proposes an in-house independent study be done
and the fee schedule updated. The study would include identifying the number of
exemptions,waivers, or deviations currently reviewed by Staff.
2. The establishment of a Hearing Officer. This position would be appointed and report
directly to the Board. It may also qualify for funding through the General Fund. Staff
requests direction to explore the financial commitment of a Hearing Officer. In addition,
to identify if other land use petitions could be reviewed by the Hearing Officer in order to
maximize the financial investment of the County, as well as utilize their expertise and the
quasi-judicial function they would perform.
3. The proposed petition and process would expand and streamline the existing procedure
for redevelopment projects. Therefore, it is foreseeable that it would be an advantageous
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petition for developers who wish to revitalize an existing improved site within Collier �.
County.
GROWTH MANAGEMENT IMPACT:
Administrative Code Schedule:
Approval of the Administrative Code expected schedule for completion and adoption will not
affect the Growth Management Plan.
Development of a new land use petition type to address redevelopment:
The proposed Site Plan with Deviations are site specific and will not allow for changes to the
zoning, density or permitted or conditional uses. Therefore, it will not impact the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and raises
no legal issues at this time. -JAK
RECOMMENDATION:
Administrative Code Schedule:
That the Board approves the proposed adoption schedule for the Administrative Code with
corresponding LDC amendments.
Development of a new land use petition type to address redevelopment:
That the Board directs the County Manager to develop a conceptual draft of a new land use
petition type and process that will address redevelopment in an expedient, holistic and cost
efficient manner utilizing the following guidelines:
1. The City of Naples' Site Plan with Deviation land use petition as a model.
2. Hearing Officer or equivalent expedient approval process.
Further, that the Board direct the County Manager to prepare a presentation of the conceptual
petition and process and options for Board review and further direction.
Prepared by: Caroline Cilek, Senior Planner
Attachments: Attachment 1: The codified language from the Code of Laws and Ordinances.
Attachment 2: Application materials from approved projects in the City of Naples.
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1/22/2013 Item 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
Item Summary: Recommendation to approve the proposed adoption schedule for the
Collier County Administrative Code and to direct the County Manager or designee to develop a
new land use petition type to address redevelopment in an expedient, holistic and cost efficient
manner.
Meeting Date: 1/22/2013
Prepared By
Name: CilekCaroline
Title: Sr.Planner, Operations and Regulatory Management
1/2/2013 4:08:57 PM
Submitted by
Title: Sr.Planner,Operations and Regulatory Management
Name: CilekCaroline
1/2/2013 4:08:58 PM
Approved By
Name:PuigJudy
Title: Operations Analyst,GMD P&R
Date: 1/3/2013 5:04:28 PM
Name: BosiMichael
Title:Manager-Planning,Comprehensive Planning
Date: 1/4/2013 10:57:59 AM
Name: FrenchJames
Title:Manager-CDES Operations,Operations&Regulatory
Date: 1/7/2013 1:22:36 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/9/2013 7:25:08 AM
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1/22/2013 Item 16.A.12.
Name: KlatzkowJeff
Title: County Attorney
Date: 1/11/2013 11:09:12 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/11/2013 11:17:04 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/11/2013 12:08:30 PM
Name: OchsLeo
Title: County Manager
Date: 1/14/2013 3:45:51 PM
•
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Attachment 1
The following is an excerpt from the City of Naples' Code of Laws and Ordinances,
Section 46-33. Site plan review and site plan with deviations:
(g) Site plan with deviations. Where a site plan complies with the zoning requirements
relative to density, permitted and conditional uses and is consistent with the
comprehensive plan but departs from the zoning district's dimensional requirements, the
site plan may be forwarded to the city council for approval of a site plan with deviations.
As part of the site plan with deviation approval, the city council may grant conditional
use permit approval provided that the proposed development meets the standards for
conditional use permit approval.
(1) Procedures and notice. Following the completion and administrative review of a
site plan pursuant to this section, the petitioner may submit a petition for a site
plan with deviations which shall be reviewed according to the following
procedures.
a. The application and required exhibits submitted pursuant to this division
shall be reviewed as to form and informational content.
b. A recommendation shall be prepared and presented with the applicant's
petition to the planning advisory board at a public hearing, within 30 days
of receipt of a complete petition.
c. Notice of the public hearing shall be published once in a newspaper of
general circulation at least 15 days prior to the public hearing.
d. The city manager shall notify owners, as they appear in the tax collector's
tax rolls, of property located within 500 feet of the outer limit of the
property described in the petition, by regular mail at least 14 days prior to
the meeting of the planning advisory board at which the petition is to be
considered. However, failure to notify all owners of property located
within 500 feet by mail through inadvertence will not render the hearing
void as long as other public notice requirements have been met.
e. The city council shall hear the petition, in accordance with procedures for
quasi-judicial proceedings, and take final action by resolution. At the
public hearing the city council shall consider the staff report, the
recommendations of the planning advisory board, any other relevant
testimony and evidence and review the petition according to the standards
for approval.
(2) Standards for approval. Petitions for site plans with deviations shall be reviewed
for consistency with the following standards:
a. Land uses and densities within the development shall be consistent with
the permitted and conditional uses in the zoning district. Conditional uses
approved as part of this plan approval shall comply with the standards for
approval in section 46-34
b. The development shall comply with applicable city plans and planning
policies, and shall have a beneficial effect both upon the area of the city in
which it is proposed to be established and upon the city as a whole.
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1/22/2013 Item 16.A.12.
c. The total land area within the development and the area devoted to each
functional portion of the development shall be adequate to serve its
intended purpose.
d. Streets, utilities, drainage facilities, recreation areas, building heights,
sizes and yards, and vehicular parking and loading facilities shall be
appropriate for the particular use involved.
e. Visual character and community amenities shall be equal or better in
quality than that required by the development standards for the district.
f. Areas proposed for common ownership shall be subject to a reliable and
continuing maintenance guarantee.
g. Deviations shall be clearly delineated in the petition and shall be the
minimum required to achieve the goals of the project and comply with
these standards.
h. The proposed development is consistent with the comprehensive plan.
(3) Time limits. The following time limitations shall apply to site plans with deviations:
a. Upon the effective date of a resolution approving a site plan with deviations,
construction shall commence within 48 months. "Construction," for purposes of
this section, shall mean obtaining a building permit for a structure or structures
authorized in the approved consolidated development plan and initiating
substantial site and structural improvements, not including land clearing, land
filling and soil compaction.
b. The city manager may grant a one-year extension of the commencement date
upon a determination that plans have been submitted for building permit review,
prior to the commencement date, which substantially match the approved site plan
documents. Thereafter, the city council, by resolution, may grant a one-year
extension of the commencement date upon a determination that a good faith effort
to commence construction has been made.
(4) Amendments. Minor changes to the site plan with deviations approved by city council
may be approved administratively provided that these changes meet code, comply with
the conditions imposed by city council and do not consist of increases in floor area of
greater than ten percent. Minor changes cannot increase or extend the aspect of the
project that deviates from the Code.
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1/22/2013 Item 16.A.12.
Attachment 2
The following materials are from the Naples Plaza, 1901 — 2175 9th Street North, Naples, FL
project:
1. Site Plan with Deviations application with deviations identified,July 2011
2. Staff Report to the Planning Advisory Board,Meeting of September 14,2011
3. Naples City Council Agenda Memorandum,Meeting of October 5,2011
The following materials are from the three two-story single family homes,i.e."row homes,"
630 and 664 3`d Ave. S,Naples,FL project:
1. Site Plan with Deviations application with deviations identified,July 2012
2. Staff Report to the Planning Advisory Board,Meeting of September 12,2012
3. Naples City Council Agenda Memorandum,Meeting of October 17,2012
� I
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City of Naples Application for Date Received
SITE PLAN WITH File Number
DEVIATIONS Staff Reviewer
Petitioner:Centro Properties Group
Address: 9101 International Drive,suite 1600 Orlando FL 32819 Attn:Mike Wood
Telephone#: 407-903-2907 Fax#407-264-2905 E-mall: mute woodecentroprop.com
Agent for Petitioner. NIA
Address: N/A
Telephone#: N/A Fax#: N/A E-mail:NIA
Owner of Property:Centro Heritage Naples SC LLC; (do Centro Properties Group)
Address: 9101 International Drive,suite 1600 Orlando FL 32819
Telephone#: 407-903-2907 Fax#: 407-264-2905 E-mail: mlke.wood @centroprop.com
Address/Location of Subject Property 2075 Tamiami Trail North,Naples FL 34102 n
Legal Description of Property Involved Please see attached legal description.
Existing Zoning HC-Highway Commercial
Total Acreage/Square Footage of Subject Property 16.6+1-acres
Current Use of Land Highway Commercial
Proposed Use of Land Highway Commercial
Total Number of New Dwelling Units N/A
Total New Square Footage of Non-Residential 58,820 s.f.(Note:This new GLA replaces existing GLA)
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Petition Request and Summary of Facts–Detail how the project deviates from the code.
The proposed redevelopment will consist of tearing down the vacant Walgreens and existing Publix stores
and replace them with a new Publix store and a small shop retail space. The site will be improved with new
landscape islands,landscaping,parking lot lighting,removal of existing pylon sign,installation of new
monument and identification signage,existing building facade upgrade along with new asphalt and striping.
The"New°shopping center GLA will be 201,516 s.f.,which is 1,394 s.f.less than the"existing"shopping
center GLA.
II
Please see attached"Naples Plaza List of Deviations"attached to this application.
In signing below I acknowledge and attest.that I am the owner of the property described
above and/or the duly appointed representative of the owner(s) of the property described
above;that I understand the nature and ramifications of this petition relative to the property;
that I hereby authorize the petitioner and their agent to represent the property during any
• deliberations regarding this petition;that I allow access to the property by City staff and City
elected and appointed officials for the purpose of inspecting the premises relative to this
petition; that all information contained in this petition and associated materials is correct;
that any incorrect information may render the final decision and recommendations on this
petition oid; -nd that I .-ve read the Proposed Policy Guidelines for Presentation of
Pet '•n toy e Naple ity ouncil approved under Resolution 01-9397.
— 1 A 1 -- --9–A, 20/e — _ ___ _
S i.,. re .f Pro.-n wne Date
Charles A Carver,SVP
Printed Name of Property Owner
In signing below I acknowledge that I am the authorized petitioner and/or petitioner's agent
for this petition and I attest to the accuracy of all information contained in this petition and
associated materials; that I understand that any incorrect information may render the final
decision and recommendations on this petition void; and that I have read the Proposed
Poli id-fries fo ° - .entation of Petitions to the Naples City Council approved under
Re:olui on 61-93•
„Ail –AC –.--' ..-- -- ?-4,—fie
'gnature of Petitioner Date Signature of Agent Date
•
Charles A Carver,SVP
Printed Name of Petitioner Printed Name of Agent
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1/22/2013 Item 16.A.12.
Section 46-33(g)(2) of the Code of Ordinances lists the standards for approval to be
considered in determining a site plan with deviations petition. Please address the
standards below. If conditional use approval is required as part of this petition, please also
address the standards for approval found in the conditional use permit application.
(2) Standards for approval. Petitions for site plans with deviations shall be
reviewed for consistency with the following standards:
a. Land uses and densities within the development shall be
consistent with the permitted and conditional uses in the zoning district.
Conditional uses approved as part of this plan approval shall comply
with the standards for approval in Section 46-34.
The proposed land uses and densities proposed within this development are consistent with the permitted
uses as outlined in this zoning district.
b. The development shall comply with applicable city plans and
planning policies,and shall have a beneficial effect both upon the area
of the city in which it is proposed to be established and upon the city as
a whole.
The proposed plan complies with city plans and planning policies. The proposed upgrade to facade,
greenspace,landscaping,increased parking and new asphalt overlay for the project site as well as the
offsite rear alley are just some of the major improvements proposed all of which are a benefit to all.
c. The total land area within the development and the area
devoted to each functional portion of the development shall be
adequate to serve its intsndarl pllrpnss
The total land area within the development and the area devoted to each of the functional portions of the
development are adequate to serve their intended purposes.
d. Streets, utilities, drainage facilities, recreation areas, building
heights, sizes and yards, and vehicular parking and loading facilities
shall be appropriate for the particular use involved.
Recreation areas are not applicable for this type of development. Building heights&sizes,streets,utilities
and loading facilities are appropriate for this particular use. Improvements to existing drainage facilities
. will be made as agreed upon during final engineering. Total parking count is below code,but icreased from
existing conditions. A rear yard deviation is requested,which would match existing conditions.
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e. Visual character and community amenities shall be equal or
better in quality than that required by the development standards for
the district.
Proposed visual character amenities meet current code and are a much improved upgrade to existing
conditions. Examples are improved green space,landscaping,facades and more.
f. Areas proposed for common ownership shall be subject to a
reliable and continuing maintenance guarantee.
Not applicable for this development.
g. Deviations shall be clearly delineated in the petition and shall be
the minimum required to achieve the goals of the project and comply
with these standards.
Deviations are proposed for this development. Please see attached sheet of deviations requested. These
deviations are the minimum needed to achieve a much improved look and functional shopping plaza.
h. The proposed development is consistent with the
comprehensive plan.
The proposed development is consistent with the comprehensive plan.
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Naples Plaza Publix Redevelopment
7/26/11
List of Requested Deviations for the Naples Plaza Publix Redeveloped Project Area
1. Rear Building Setback—The existing building setback is 21-feet and the required setback
per current code is 100-feet. We request deviation from code allowing the proposed
project to maintain the existing rear building setback of 21-feet.
This allows maximum use of the site,given its narrow depth,it allows us to place
new buildings in-line with existing buildings that will remain,and it allows us to
maintain the existing rear building setback as it exists today.
2. Lot Coverage(for Community Shopping Centers)—The existing overall site gross
building coverage is approximately 28.4%. The current code limits the maximum
building coverage for Community Shopping Centers to 25%gross floor area. We are
requesting a deviation to maintain the existing 28.4%gross floor area building coverage.
This allows us to maintain the existing building square footages while still increasing •
the overall number of parking spaces and adding additional green space and
landscaping throughout the entire plaza. Though we are requesting deviation from
code,the fact remains that we are improving the property as it relates to these
items; from what is currently there today.
3. Number of Parking Spaces—Current code for this development requires 5 spaces per
1,000 square feet of floor area. This would equate to approximately 1,008 spaces
required. The plaza currently has 753 spaces(3.7 ratio),which does not meet code. We
are requesting a deviation from current code,which would allow for approximately 835
spaces(4.1)ratio,which also does not meet code,but is an increase of the existing
parking spaces provided today.
This would allow us to maintain the overall plaza's retail space as exists today and
yetodue-to recuuligui ing the hunt parking fields,still increase the total number of
parking spaces provided as compared to what is existing today. We are not able to
meet code,but we are improving the plaza's current parking layout and count.
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4. Monument Sign—Allow for one additional freestanding/monument sign with a height of
15 feet and a copy of 100s.f.each side. This is in addition to one monument sign allowed
for the site,which code allows to be 15 feet high with a copy of a 120 s.f. Please see
Monument Sign Exhibit provided.
We are proposing to remove the existing non-conforming pylon sign that is
currently at the plaza and replace with the proposed monument signs,which are
much smaller and more attractive. In addition to removing this existing sign,one
special characteristic of this site is its large frontage along US 41,which will support
the additional monument sign that is being requested.
5. Sign setback—Allow for a deviation from the required 10 foot sign setback along the
front property line and allow for the sign(s)to be place near or at the property line.
These tenant identification monument signs will be placed in the newly created
green space/buffers provided along U.S.41. Due to the shallow depth of this
property and the fact that we are maximizing parking to the fullest extent,proper
layout of the requested monument signs requires this deviation. Visually,this
deviation will not be noticeable as there are no other nearby signs which would
cause these locations to appear out of place. In addition,there is ample buffer from
the property line to the actual roadway to allow this deviation without hindrance.
6. Front Entry Signs—Allow for a deviation from code and allow two new front entry signs
which will picture frame the new entry element and identify the plaza. These signs
would have a copy of 75 s.f.each,with a height of 7'-7"and a setback of 5 ft.from the
front property line. Please see Monument Entry Sign Elevation submitted for reference.
This would allow for an enhanced look and feel to the overall plaza and to be a focal
point as you enter this newly redeveloped and much improved plaza,all in an effort
to meet the City's goal of creating a high class look of any City of Naples project.
7. Screen Wall—Allow for a 10-foot high screen wall along the truck dock.
A ser-een wall of-ttis-height • , . o - ','I _nwisnat-se'eenin u
as well as maximizing the sound reduction versus a code maximum 6-foot high
screen wall.
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1/22/2013 Item 16.A.12.
Meeting of 9/14/11
Agenda Item 11-SPD1
CITY OF NAPLES
STAFF REPORT
To: Planning Advisory Board
From: Planning Department
Subject: Site Plan with Deviations 11-SPD1
Petitioner: Centro Properties Group
Agent: Michael Wood, Centro Properties Group
Owner: Centro Heritage Naples SC, LLC
Date: September 7, 2011
• REQUEST: A resolution determining Site Plan with Deviations Petition 11-SPD1 to allow for
redevelopment of the Naples Plaza Publix with a 21-foot rear setback where 100 feet is
required,a maximum lot coverage of 28.4%where 25% is allowed, 835 parking spaces where
1008 parking spaces are required, a total of four freestanding/monument tenant signs where
• one is permitted, allow for a setback of 0 feet from the front property line for one freestanding
sign and 5 feet for two other freestanding signs where 10 feet is required, and allow for a 10-
foot high screen wall along the west property line behind the truck dock where 6 feet is
required,for the Publix property located at 1981 9th Street North and also includes1901-2175
9th Street North, more fully described herein, and providing an effective date.
• STAFF RECOMMENDATION: The Planning Department recommends approval of 11-SPD1 n
subject to the following conditions:
1. Phase 1 improvements shall include major entrance improvements (subject to FDOT
permitting), all public sidewalk improvements, alley resurfacing, access improvements
at Mandarin Road and respective driveway and stormwater improvements subject to
FDOT permitting.
2. Phase 2 improvements shall include respective driveway and stormwater
improvements subject to FDOT permitting.
• LOCATION: 1901 —2175 9th Street North
• SIZE OF PARCEL: 16.6 +acres
• EXISTING LAND USE: Mixed Use—Commercial, Office and Residential
• CURRENT ZONING: HC, Highway Commercial
• PREVIOUS ACTION: In 1977, a special exception was granted to allow a financial institution
with a drive-thru to be constructed at the south end of the Plaza. In 1983,Council authorized
an expansion of a nonconforming structure to allow Walgreen's to expand a vacant store. In
1991,Council granted a variance to the property in order to construct new loading docks at the
rear of the north end of the Plaza. In 2009, Council approved waiver of distance, live
entertainment and residential impact statement requests for Mulligan's Sports Grille. The
Design Review Board granted preliminary approval of 11-DRB10 on June 22, 2011 subject to
the following conditions:
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o The applicant address the compatibility with the surrounding neighborhoods
with respect to circulation, landscaping, lighting, and particular emphasis on
providing shade in the parking lot;
o A specific design for the entrance with respect to signage, landscaping,the
center isle landscaped or not landscaped with a compensatory explanation if
not landscaped;
o A diminishing of the size of the light standards in accordance with the
photometric plan, proper foot candles, and submit cut sheets and design for the
light standards themselves;
o Address the issue of landscaping along US 41 in conjunction with the City and
State right-of-way requirements with an emphasis on providing proper
landscaping in that area;
o A cohesive plan showing current and future possible color schemes and
banding for the signs including location for signs;
o A design for aesthetic improvements along the northernmost area of the
shopping center that is adjacent to Mooring Line Drive;
o Identify paths for pedestrians and bicycle movements in general;
o Address the aesthetic improvements for the area at the rear of the building
adjacent to the residential neighborhood;
o Submit a sign package that limits the amount of parking for the existing bank to
ensure safe vehicular movement through the drive-through window;
o Review the long areas of the building facade with regard to further interruption;
and
o Enhance vehicular paving used in areas that identify paths of travel.
The Planning Advisory Board heard this item at the July 13, 2011 meeting and
continued the item.
• PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board (PAB)will hold a
public hearing on this petition at its meeting on Wednesday, September 14, 2011. At the close
of the public hearing, the PAB will make a recommendation to the City Council. The City
Council should consider the PAB's recommendation at its meeting on October 5, 2011, with
final action by resolution.
• PROPOSED DEVIATIONS: Below are the proposed deviations.
1. Rear Building Setback—The existing building setback is 21 feet and the required setback
is 100 feet (Section 56-129(e)(3)). The petitioner is requesting a deviation from this
requirement in order to maintain the existing setback of 21 feet.
2. Lot Coverage —The maximum lot coverage permitted for community shopping centers is
25%. The existing lot coverage is approximately 28.4%. The petitioner is requesting a
deviation from this requirement in order to maintain the existing lot coverage of 28.4%.
3. Number of Parking Spaces — The Code requires 5 parking spaces per 1,000 of gross
leasable area. Currently, Naples Plaza has 753 parking spaces—a ratio of 3.7 spaces per
1,000 GLA. The petitioner is proposing to add 82 parking spaces for a total of 835 parking
spaces — a ratio of 4.1 spaces per 1,000 GLA. The petitioner is requesting a deviation
from the parking requirement of 5 spaces per 1,000 GLA in order to provide a ratio of 4.1
spaces per 1,000 GLA.
4. Monument Sign—The Code permits one freestanding/monument sign with a height of 15
feet and a copy area of 120 square feet for community shopping centers. The petitioner is
requesting a deviation from this requirement in order to allow for one additional
freestanding/monument sign with a height of 15 feet and copy of 100 SF. Sign locations
are shown in the submittal.
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n
5. Sign Setback— Signs are to be setback a minimum of 10 feet from the front property line.
The petitioner is requesting a deviation from this requirement in order to place the signs at
or near the front property line.
6. Front Entry Signs—The petitioner is requesting a deviation from the Code in order to allow
two front identification signs to flank the main entrance to the Plaza. The signs are
proposed to be 7'7" tall, have a copy of 75 SF and have a setback of 5 feet from the
property line.
7. Screen Wall —The Code permits walls outside of the building envelope to be a maximum
of 6 feet tall. The petitioner wishes to provide a 10-foot tall wall along the truck dock in
order to help abate noise created by truck deliveries.
• COMPREHENSIVE PLAN: This property is designated as Highway Commercial on the City's
Future Land Use Map. This type of commercial activity shall be planned and developed with
due consideration given to the principles of limited access,with controlled curb cuts, service or
frontage roads to provide secondary access on large parcels or contiguous smaller parcels,
"right-turn-only" exits when signalization is not used, lot sizes large enough to accommodate
adequate on-site circulation and parking, landscaped buffer areas, professional architectural
design standards, and sign controls. The following policies of the plan apply to this project:
Objective 1: Manage new development, redevelopment and reuse to ensure that
it is orderly, balanced, and compatible with the City's desire to maintain and
protect its existing residential character, to maintain the viability of its
commercial areas, provide open/green space, encourage pedestrian/bicycle'
linkages, and protect environmentally sensitive lands.
• The proposed redevelopment of the Naples Plaza will be consistent with this
Objective. There have been complaints in the past regarding truck deliveries at
Publix. Publix is proposing a 10-foot tall wall at the rear of the property along
the truck dock that should help diminish the noise produced by the deliveries.
The owner of the property will be adding pedestrian and bicycle linkages—the
Naples Pathway Coalition has approached the owner with some options to
improve current site conditions. The project also proposes to increase the
amount of landscaping to be consistent with the current Code requirements.
Policy 1-2: Un less otherwise permitted in the Comprehensive Plan, new
development, redevelopment and reuse shall be consistent with the permitted
use and density/intensity of each designation.
• The property is designated Highway Commercial on the Future Land Use Map
in the City's Comprehensive Plan. The Highway Commercial designation limits
projects to a lot coverage of 30%. The allowable lot coverage for community
shopping centers is 25% (Sec. 56-129). The existing lot coverage is
approximately 28.4% and is nonconforming. The petitioner has proposed a lot
coverage of 27.9%but is asking to maintain the existing lot coverage of 28.4%.
Policy 1-2.1: Encourage professional standards of architectural and urban
design, site planning, and landscaping for all new projects.
• The proposed design has received preliminary design approval from the Design
Review Board.
Policy 1-3: Preserve and protect stable residential neighborhoods through
development practices that promote compatibility and consistent character.
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• The proposed project does not encroach any closer to the residential
neighborhood to the rear of the property than it currently does. The owner has
proposed a buffer wall along the truck dock to help mitigate sound impacts from
truck deliveries.
Policy 1-5:Landscaping and buffering shall be provided where commercial uses
adjoin residential neighborhoods to avoid a negative impact on the residential
neighborhood.
• There are existing landscaped areas at the rear of the property along the alley.
The residential properties have a large hedge along the alley also. Although
the landscape plan shows landscaping along alley, there may be opportunities
to increase the landscaping along the alley.
Policy 1-8.6: Commercial and multi-family development shall provide sidewalks
per standards in the Code of Ordinances.
• The City's Streets and Stormwater Department recommends approval of all
sidewalks, internal and external, as shown on Plan Sheet EX.A/CP-1.
Additionally, bicycle racks for no less than 4 bicycles shall be incorporated into
the final design plans for each improvement phase of the project. Sidewalks
along street frontages shall be no less than 8 feet wide pursuant to Chapter 50
of the Naples Code.
Policy 1-9: Commercial properties shall be properly screened, provide adequate
parking, include orderly traffic circulation patterns, and integrate appropriate
design features to enhance safety,efficiency,and site appearance.
• Currently, the number of parking spaces at the Plaza is nonconforming. The
property owner is requesting a deviation from the Code in order to redevelop
the portion of the Plaza under consideration. The owner has proposed to
increase the number of parking spaces on the property by 65; however, the
entire site will still not conform to the current Code requirements for parking.
The parking lot will be restriped to allow for 90 degree parking instead of the
current angled parking. This will allow 2-way circulation in each row of parking.
Policy 1-9.2: Parking areas within a single development shall be interconnected
unless it can be demonstrated that on-site traffic and pedestrian circulation will
properly function and traffic movement on adjacent public streets will not be
impacted.
• The parking areas on both sides of the Plaza are interconnected.
Policy 1-9.3: Sites shall provide adequate parking. The Code of Ordinances
shall provide standards which address construction standards, location, design,
configuration, dimension and number of parking spaces. The reduction in
parking shall result in a commensurate increase in green/open space.
• As noted above, the current parking is nonconforming relative to the number of
parking spaces and the owner is proposing a deviation from the Code in order
to redevelop a portion of the site
Policy 1-9.4: Redevelopment and reuse sites shall be appropriately configured
as to number, location, and design features of the ingress and egress points.
• There are seven ingress and egress points on this property.
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Policy 1-9.5: Site design shall ensure safe pedestrian access from parking areas
to commercial activities. Pedestrian conflicts within vehicular circulation shall be
minimized.
• The owner has proposed adding several crosswalks from the parking aisles to
the commercial
Policy 1-11: Signage shall be compatible with the surrounding uses and
character of the City and be designed and located so as not to interfere with
safety or visibility.
• The proposed signage, although not permitted by right, is compatible with the
surrounding uses and should not interfere with safety of visibility.
• SURROUNDING PROPERTIES:
North South East West
Zoning HC HC& R1-10 PD R3-12
Existing Best Western Automotive&Single Coastland Center Mall Condominiums
Land Use Hotel Family and Gateway Center
Future Land Highway Highway Comm. & Low Highway Commercial Medium Density
Use Commercial Density Residential Residential
• AERIAL MAP:
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• GUIDELINES AND STANDARDS/ANALYSIS:
Site Plan with Deviations
Section 46-33(g)(2)of the Land Development Code provides the standards for approval of a
site plan with deviations. The standards and staff analysis are as follows:
(1) Land uses and densities within the development shall be consistent with the permitted
and conditional uses in the zoning district Conditional uses approved as part of this
plan approval shall comply with the standards for approval in section 46-34.
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• The current land uses are permitted uses within the HC, Highway Commercial zoning
district. The existing lot coverage is nonconforming (approximately 28.4%). The
maximum permitted lot coverage is 25%for community shopping centers; however, the
maximum permitted lot coverage for properties zoned HC is 30% and the lot coverage
for properties designated Highway Commercial on the Future Land Use Map is 30%.
The petitioner is asking for a deviation from the lot coverage requirement for
community shopping centers in order to allow the existing lot coverage of 28.4%. Staff
recommends approval of this proposed deviation since the Future Land Use
designation and the zoning district both allow for up to 30% coverage.
(2) The development shall comply with applicable city plans and planning policies, and
shall have a beneficial effect both upon the area of the city in which it is proposed to be
established and upon the city as a whole.
• The proposed development complies with the City's Comprehensive Plan and the
property owner is increasing the number of parking spaces (+82)on the property while
decreasing the amount of leasable area (-1,394 SF). Staff believes that the proposed
redevelopment will benefit the surrounding businesses and the City, in general.
(3) The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
• The total land area of the property(16.6 + acres) and the area devoted to the
commercial uses is adequate to serve the intended purpose.
(4) Streets, utilities, drainage facilities,recreation areas, building heights,sizes and yards,
and vehicular parking and loading facilities shall be appropriate for the particular use
involved.
• The maximum height proposed is 36 feet, as measured from finished floor. The
existing rear setback for the building is 21 feet. The Code requires a rear setback of
100 feet for community shopping centers. The petitioner is requesting a deviation in
order to maintain the existing setback. Staff believes that this is acceptable based
upon the design of the rest of the Plaza including the parking lot. Staff believes that
the addition of 82 parking spaces, although still not meeting current Code
screened with a 10 foot tall wall. Staff believes that this will help abate some of the
noise created by early morning truck deliveries. Drainage improvements in accordance
with Plan Sheet E)(.A/CP-2 are recommended for approval and
implementation/phasing subject to FDOT permitting. It should be noted that the project
has obtained a SFWMD waiver (no significant change) but water quality treatment via
swales within the platted greenscape as show is being required by the City subject to
FDOT approvals. The conceptual water quality retention is estimated at approximately
20,000 cubic feet subject to final design approval by FDOT of both new driveway
connections and swale cross-sections.
(5) Visual character and community amenities shall be equal or better in quality than that
required by the development standards for the district.
• The visual character of the new construction,renovation of the existing façade, new
landscaping and lighting is attractive and is much needed. The monument signage
proposed is permitted on other Highway Commercial-zoned properties that are not
considered community shopping centers. The proposed entry signage is attractive and
would further define the entry to the Plaza. Staff recommends approval of the
deviations regarding the signage.
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(6) Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
• The property owner handles site maintenance.
(7) Deviations shall be clearly delineated in the petition and shall be the minimum required
to achieve the goals of the project and comply with these standards.
• The requested deviations are clearly delineated on the site plan–Plan Sheet
EX.A/CP-1.
(8) The proposed development is consistent with the comprehensive plan.
• The proposed development is consistent with the goals and objectives in the
Comprehensive Plan.
Residential Impact Criteria
Considering the criteria for residential impact statement from Section 46-43 of the Code of
Ordinances, staff finds the following:
(1) Illumination.Illumination levels shall not exceed 0.5 footcandle at the lot lines of the
subject property.In addition, the standards for illumination set forth in section 56-89
shall also be met.
• All of the proposed light fixtures will be fully cut-off using a shield at the property
boundaries.
(2) Noise. Physical barriers exist and operation plans are in place to insure that noise
levels shall be consistent with those identified in section 22-37. Businesses with
external speakers such as outdoor live entertainment, drive-thru lanes and automotive
dealerships,shall take measures to insure that speakers are pointed away from
residences and sound is buffered.
• The property owner is asking for a deviation to the permitted wall height. Section 56-
37 permits a wall height of up to 6 feet in the rear yard setback. The owner wishes to
install a 10 foot tall wall, with landscaping, along the truck loading dock area in order to
ab= - -- ----- ---- z -- _• _- •• - 'es-,Rlsfl,the-owner-is--proposing-tq-place-thetr
generators behind the new retail space (approximately 80 feet away from the alley)
instead of along the rear of the building. There is no proposed outdoor live
entertainment or drive-thru lanes. Staff recommends approval of the deviation
regarding the 10-foot tall screen wall with landscaping.
(3) Parking and access.Parking must meet the minimum requirements and be adequate to
avoid any overflow into the residential area. Parking areas shall be situated and
buffered to avoid impacting the residential areas. Primary vehicular ingress and egress
shall, where possible, be located to avoid conflict with traffic in the residential area.
Pedestrian connections with public sidewalks and residential areas are encouraged.
• Currently, there are 753 parking spaces at Naples Plaza. Through restriping and
decreasing the amount of gross leaseable area by 1,394 square feet, the property
owner will be able to 82 new parking spaces (total of 835 spaces). The parking spaces
are currently angled and will be restriped to 90 degree spaces. The dimensions of the
parking spaces on the south end of the Plaza will be 10'x 18'–the Code requires 9' x
18'spaces. The increased width of the spaces will provide a greater degree of turning
comfort. The property owner will be required to install a sidewalk along the US41
frontage. Also, along Mooring Line Drive, a sidewalk exists on the gas station's --�
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parcel. The petitioner has proposed to extend the sidewalk to the west as shown on
the site plan.
(4) Landscape buffer. Landscaping provides adequate screening between the commercial
activity and the residential units including buffering noise and the glare from vehicular
headlights.Based on the project design and surrounding development patterns,
additional landscaping and screening maybe required to provide adequate buffering as
determined by the city council Where possible, existing landscaping buffers shall be
upgraded to meet or exceed the requirements of Chapter 50,Article Ill, landscaping and
tree protection.
• There is not much existing landscaping at the Plaza. Some of the parking aisles have
landscape islands and the entrance to the Plaza has some landscaping. The petitioner
has proposed to install landscape islands on both ends of each parking aisle, new
landscaping along the entrance to the Plaza and along the US 41 frontage. All of the
proposed landscaping meets the current Code requirements found in Chapter 50. The
Design Review Board suggested that the petitioner add more landscaping to the
entrance of the Plaza, further address the landscaping along US 41 and look into
adding landscaping in the State right-of-way. Staff recommends the installation of new
hedges,where possible, at the rear of the Publix to help buffer the new building.
(5) Mitigation of hazardous or adverse impacts.All hazardous or adverse impacts to
adjacent residences in adjacent residential zoning shall be adequately addressed in a
mitigation plan to minimize or eliminate such hazardous or adverse impacts. The city
reserves the right to require additional mitigation when it finds the identified impacts
are not adequately addressed.
• Noise impacts caused by truck deliveries have been an issue noted by residents to the
rear of the Plaza in the past. Staff has relayed this issue to the petitioner and the
petitioner has agreed to install a 10'tall wall with landscaping along the truck dock in
order to help abate the noise caused by the truck deliveries. Since the Code does not
allow a 10'tall wall to be constructed in this location without Council approval, the
petitioner is requesting approval of a deviation in order to provide the wall. The
emergency generators are also located behind this wall. There is currently some
landscaping, inch iding a hprigp, along the a1kky ThPrP is also a mature hedge on the
residential side of the alley. Staff recommends the installation of the 10'wall with
landscaping as shown on page L-1.
(6) Hours of operation.Where the proposed hours of operation extend to between 9:00
p.m. and 8:00 a.m.,security measures shall be taken to insure monitoring of the
premises including parking areas.
• Publix is currently open 7 days a week until 10:00 p.m. Mulligan's Sports Grille is open
until 2:00 a.m. 7 days a week(hours of operation were approved by City Council).
There are security cameras that exist at the rear of the building. It is expected that the
owner would install some type of security system with cameras to monitor the property.
• FINDINGS: Site Plan with Deviation Petition 11-SPD1 are consistent with the criteria and
standards for a site plan with deviations,and residential impact criteria and should be approved
subject to the conditions outlined above and in the resolution.
• DEPARTMENTAL REVIEW: Comments City staff members are attached.
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,"' ■
• PUBLIC NOTICE: On June 14, 2011 a total of 240 letters were mailed to all property owners
located within 500 feet of the subject property. Responses to the mailing are attached.
Prepared by:
IP I ,
Adam A. Be ni,AICP
Senior Piann-
•
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a' M4. ' NAPLES CITY COUNCIL AGENDA MEMORANDUM
Regular Meeting'Date: October 5, 2011
nriR,n,�irFnn
Agenda Section: Regular Prepared By:Adam A.Benigni, Sr. Planner
Date:September 21,2011 Department Planning
Agenda Item: Legislative ❑ Quasi-Judicial
SUBJECT:
Resolution determining Site Plan with Deviations Petition 11-SPD1 in order to allow the
redevelopment of the Naples Plaza located at 1901 —2175 9th Street North.
SUMMARY:
City Council is asked to consider a Resolution determining Site Plan with Deviations Petition 11-
SPD1 to allow for redevelopment of the Naples Plaza Publix with a 21-foot rear setback where 100
feet is required, a maximum lot coverage of 28.4%where 25% is allowed, 835 parking spaces where
1008 parking spaces are required,a total of four freestanding/monument tenant signs where one is
permitted, allow for a setback of 0 feet from the front property line for one freestanding sign and 5
feet for two other freestanding signs where 10 feet is required, and allow for a 10-foot high screen
wall along the west property line behind the truck dock where 6 feet is required, for the Publix
property located at 1981 9th Street North and also includes 1901-2175 9th Street North. In that this is
a Quasi-Judicial matter, disclosures and the swearing in of those giving testimony are required.
BACKGROUND:
The Naples Plaza was originally constructed in the early 1960s. At the time of construction, the
City's zoning standards were much different than today's standards. Therefore, much of the existing
Plaza is considered legally nonconforming in regards to setbacks, number of parking spaces and lot
coverage. The owner of the property, Centro Heritage Naples SC, LLC, has proposed to redevelop
the existing building occupied by Publix, and formerly Walgreens, and complete various site
improvements. The petitioner is proposing to raze the existing Publix building, including the unit
•/aa.— • ••—• • • — • --• . a• •a a— . le a • • - •• •1 • - a. — a- a _ -
footage of the new Publix store will be increased over the existing store, the overall square footage
of the building will be reduced by 1,394 square feet from what currently exists. The petitioner is also
proposing to update the fagade of the rest of Plaza, repave and restripe the entire parking lot, add
new lighting fixtures, and add new landscaping.
The petitioner proposes the following deviations:
• Rear Building Setback—The existing building setback is 21 feet and the required setback is 100
feet (Section 56-129(e)(3)). The petitioner is requesting a deviation from this requirement in
order to maintain the existing setback of 21 feet.
• Lot Coverage — The maximum lot coverage permitted for community shopping centers is 25%.
The existing lot coverage is approximately 28.4%. The petitioner is requesting a deviation from
this requirement in order to maintain the existing lot coverage of 28.4%.
• Number of Parkins Spaces — The Code requires 5 parking spaces per 1,000 of gross leasable
area (GLA). Currently, Naples Plaza has 753 parking spaces — a ratio of 3.7 spaces per 1,000
GLA. The petitioner is proposing to add 82 parking spaces for a total of 835 parking spaces —a
ratio of 4.1 spaces per 1,000 GLA. The petitioner is requesting a deviation from the parking
requirement of 5 spaces per 1,000 GLA in order to provide a ratio of 4.1 spaces per 1,000.GLA.
• Monument Sign — The Code permits one freestanding/monument sign with a height of 15 feet
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CAL f- N •l e5 NAPLES CITY COUNCIL AGENDA MEMORANDUM
Regular Meeting Date: October 5, 2011 !�
Page Two
Agenda Section: Regular Prepared By:Adam A. Benigni,Sr. Planner
Date: September 21, 2011 Department: Planning
Agenda Item: Legislative ❑ Quasi-Judicial
and a copy area of 120 square feet for community shopping centers. The petitioner is requesting
a deviation from this requirement in order to allow for one additional freestanding/monument sign
with a height of 15 feet and copy of 100 SF. Sign locations are shown in the submittal
• Sion Setback - Signs are to be setback a minimum of 10 feet from the front property line. The
petitioner is requesting a deviation from this requirement in order to place the signs at or near the
front property line.
• Front Entry Signs -The petitioner is requesting a deviation from the Code in order to allow two
front identification signs to flank the main entrance to the Plaza. The signs are proposed to be
7'7"tall, have a copy of 75 SF and have a setback of 5 feet from the property line.
• Screen Wall - The Code permits walls outside of the building envelope to be a maximum of 6
feet tall. The petitioner wishes to provide a 10-foot tall wall along the truck dock in order to help
abate noise created by truck deliveries.
File Reference: 11-SPD 1
Petitioner: Centro Properties Group
Agent: Mike Wood, Centro Properties Group
Location: 1901-2175 9th Street North
Zoning: HC, Highway Commercial
On June 14, 2011 a total of 240 letters were mailed to all property owners located within 500 feet of
the subject property. Responses to the mailing are attached. The Design Review Board granted
-prel minacy design v-_ . _ e e e _ e •._ e ,_ -- e , - •-•
- ---
Planning Advisory Board reviewed this petition at their July 13, 2011 meeting and continued it to the
September 14, 2011 meeting in order to get clarification on access and drainage issues. The PAB
voted 6-0 to approve the petition at the September 14, 2011 subject to the conditions recommended
by staff and included in the draft resolution.
RECOMMENDED ACTION:
Adopt a Resolution determining Site Plan with Deviations Petition 11-SPD1 in order to allow the
redevelopment of the Naples Plaza located at 1901 -2175 9th Street North.
•
Reviewed by Department Director Reviewed by Finance Reviewed by City Manager
City Council Action:
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Received 8113112
City of Naples Application for PAB MEETING 9/12/12
SITE PLAN WITH FILE NO. 12-SPD5
DEVIATIONS (H.T.E.#12-092)
Petitioner: Third Avenue South LLC
Address: CIO Jeff Parkhill,Parkhill Development Corp,4406 Lively Lane,Dallas,TX 75220
Telephone#: 773.386.7392 Fax# 773.935.5794 E-mail: Jeffparkhill @gmail.com
Agent for Petitioner: Q.Grady Minor and Associates, P.A.
Address: 3800 Via Del Rey,Bonita Springs,FL 34134
Telephone#: 239.947.1144 Fax#: 239.947.0375 E-mail: mherrera @gradyminor.com
• Owner of Property: Third Avenue South LLC
Address: C/O Jeff Parkhill,Parkhill Development Corp,4406 Lively Lane, Dallas,TX 75220
Telephone#: 773.386.7392 Fax#: 773.386.7392 E-mail: leffparkhill @gmail.com
Address/Location of Subject Property 630 and 664 3rd Avenue South
Legal Description of Property Involved
Lots 11 Through 16, Block 17,Tier 7, Plan of Naples, a subdivision according to the plat
thereof recorded in plat book,page 8,of the public records of Collier County, Florida.
Existing Zoning R3-12
Total Acreage/Square Footage of Subject Property 0.45±acre/19,800 square feet
Current Use of Land Vacant residential
Proposed Use of Land Single family residential
Total Number of New Dwelling Units 3
Total New Square Footage of Non-Residential NA
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•
City of Naples
Application for Site Plan
Exhibit 1
Petition Request and Summary of Facts
The site plan application proposes a maximum of three single family dwelling units provided on
individual single family lots. All infrastructures necessary for the proposed three dwelling units
is available at the project site. Off-site improvements are proposed as part ofthe site plan.
The property is zoned R3-12, which permits single family and multiple family dwelling units.
Under the City of Naples Comprehensive Plan,the site can be permitted for a maximum of 12
dwelling units. The proposed three unit project is consistent with the density range permitted
in the Comprehensive Plan.
The single family lots shown on the site plan are more than the 40'minimum lot width required
in the R3-12 zoning district.
•
The applicant is requesting one deviation as follows:
1. A deviation from Section 58-296,minimum yards,which requires a side yard setback for
a 2-story single-family dwelling to be 10 feet to allow an internal side yard setback
within the single-family portion of the project of 7.5 feet in order to allow a feasible
footprint within a common architectural theme.
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1/22/2013 Item 16.A.12.
e. Visual character and community amenities shall be equal or
better in quality than that required by the development standards for
the district.
The architectural plans demonstrate that the proposed project is of equal or better quality than
required by code.
f. Areas proposed for common ownership shall be subject to a
reliable and continuing maintenance guarantee.
Common ownership is not proposed under this application.
g. Deviations shall be clearly delineated in the petition and shall be
the minimum required to achieve the goals of the project and comply
with these standards.
The deviation requested is clearly listed and shown on the Site Pla. The deviation is the minimum
required for this project
h. The proposed development is consistent with the
comprehensive plan.
The comprehensive plan designation is single family residential and low profile multi-family
iesittential. The project is consistent with those desiyndtiuns.
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(5) Mitigation of hazardous or adverse impacts. All hazardous or adverse impacts
to adjacent residences in adjacent residential zoning shall be adequately
addressed in a mitigation plan to minimize or eliminate such hazardous or
adverse impacts. The city reserves the right to require additional mitigation
when it finds the identified impacts are not adequately addressed.
N/A
(6) Hours of operation. Where the proposed hours of operation extend to
between 9:00 pm and 8:00 am,the security measures shall be taken to insure
monitoring of the premises including parking areas.
N/A
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1/22/2013 Item 16.A.12.
Meeting of 9/12/12
Petition 12-SPD5
CITY OF NAPLES
STAFF REPORT
To: Planning Advisory Board
From: Planning Department
Subject: Site Plan with Deviations Petition 12-SPD5
Petitioner: Third Avenue South, LLC
Agent: Q. Grady Minor and Associates, P.A.
Date: September 7, 2012
• REQUEST:
Consideration of a Site Plan with
Deviations petition to allow for the construction of three
(3) two-story, single family homes with 7.5 foot interior side setbacks (15 foot separation
between structures) where district at 10 630 feet& is 664 required Avenue for property located in the R3-12, Multiple
Family Residence 3rd
• STAFF RECOMMENDATION:
The Planning Department recommends approval of Site Plan with Deviations petition 12-
SPD5.
• LOCATION: 630&664 3rd Avenue South
• SIZE OF PARCEL: 0.45 acres/ 19,800 square feet
• CURRENT ZONING: R3-12 Multi-family Residential
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1/22/2013 Item 16.A.12.
Staff Report 12-SPD5
Page 2
• PREVIOUS ACTION: This site was previously approved for a four-unit multifamily
development to be called the Third Avenue South Villas. The project received Design
Review Board approval in December of 2005, but was never constructed. The property
owner has since divided the property along the originally platted lot lines to create three
parcels, on which they wish to construct three single family residences. The proposed
single family development has received administrative Site Plan review approval and
Preliminary Design Review Board approval of the unified architectural scheme.
• PROPOSED DEVELOPMENT: The petitioner has divided this property along existing
platted property lines to create three (3) buildable lots in the R3-12 Residence District.
The petitioner is seeking approval to allow for interior side setbacks of 7.5 feet where 10
foot side yard setbacks are required for three two-story single family homes in the R3-12,
Multi-family Residential district. The lots comply with the zoning regulations of the R3-
12, Multi-family Residential district regarding minimum lot area and minimum lot width.
The lots comply with the front, side and rear setback requirements at the perimeter of the
property and the petitioner is requesting approval for a deviation to allow 7.5'side yard
setbacks on the interior side property lines where the Code requires 10' side yard
setbacks. The existing properties are zoned R3-12, Multi-family Residence District and
the proposed lots will retain this zoning designation. The project complies with the use
and density restrictions of the code.
• PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board (PAB) will
hold a public hearing on this petition at its meeting on Wednesday, September 12, 2012.
At the close of the public hearing, the PAB will make a recommendation to the City
Council. The City Council should consider the PAB's recommendation at its meeting on
Wednesday, October 17, 2012,with final action by resolution.
• COMPREHENSIVE PLAN: Medium Density Residential. Areas designated as Medium
Density Residential on the Future Land Use Map are intended to accommodate single-
and multi-family residential densities of up to a maximum of twelve (12) dwelling units per
net acre. Residential housing types in these areas may include traditional single-family
detached, cluster, and low profile multi-family structures. Medium density residential
areas encourage the concentration of residential units with less open space per occupant
than low density residential areas and may accommodate either transient, seasonal, or
permanent residents, depending on the location.
The Medium Density Residential district allows up to twelve (12) dwelling units per net
acre, as does the current zoning of R3-12, Multi-family Residential. This site was
previously approved for a four-unit multifamily development which was never constructed.
Under the R3-12 zoning regulations, the petitioner would be allowed to build five (5) units
on the 0.45 acre property.
This project also promotes the following objectives/policies found in the City's
Comprehensive Plan:
• Objective 1: Manage new development,redevelopment and reuse to ensure
that it is orderly, balanced, and compatible with the City's desire to maintain
and protect its existing residential character, to maintain the viability of its
commercial areas, provide open/green space, encourage pedestrian/bicycle
linkages, and protect environmentally sensitive lands.
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1/22/2013 Item 16.A.12.
Staff Report 12-SPD5
Page 3
• The proposed development will enhance the residential
character of the City and will not limit the viability of its
commercial areas.
• Policy 1-1: The permitted intensity/density in each land use designation is as
follows:
LAND USE CATEGORY INTENSITY/DENSITY
Medium Density Residential 0-12 dwelling units per acre
• The proposed construction of three (3) single family
residences on three(3)single family lots is consistent with
the density requirement for the Medium Density
Residential district. This property is approximately 0.45
acres, which allows for 5 units of density. The petitioner is
proposing to decrease the density on the site from the five
units allowable and from the four units previously
approved to construct three single family residences in a
Multi-family district.
• Policy 1-2.1: Encourage professional standards of architectural and urban
design, site planning, and landscaping for all new projects.
• The architectural design of the residences has been
granted preliminary approval from the City's Design
Review Board. The residences will differ slightly in detail
and materials, but will display a unified architectural theme
reflecting a Florida vernacular design influence.
• Policy 1-3: Preserve and protect stable residential neighborhoods through
development practices that promote compatibility and consistent character.
• The proposed single family residences are consistent in
scale, character and design with the neighboring R3-12
' • -
Service and Commercial Core districts.
• Policy 1-8: The provision of adequate public facilities (as defined by Policy
1.1 of the Concurrency Management System Element) shall be discussed and
negotiated with the developer during the development approval process
• Adequate public facilities exist.
• Policy 1-8.1: Require that water and sewer construction and extensions, and
street rights-of-way dedication and improvements, or related construction, for
new development be the financial obligation of the developer when new or
improved facilities are needed as a result of the new development.
• All water/sewer utility relocations and/or installations shall
adhere to current/latest City Utility Standards and
Specifications and all cost shall be at the developer's
expense.
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Staff Report 12-SPD5
Page 4
• Policy 2-2: Permit new development only in areas where adequate public
facilities (as defined by level of service standards), and access exists or will be
provided prior to occupancy.
• Adequate public facilities exist.
• Policy 5-2: Development shall be consistent with standards for subdivisions
(regulating platting, design standards and improvement requirements), signs
(regulating size, height, location and number), and stormwater management
(regulating quantity and quality of stormwater runoff).
• There is no signage proposed for this single family
residential development and the petitioner will work with
the Building Department to ensure compliance with the
current City of Naples Stormwater Ordinance.
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AIRPORT RESIDENTIAL,HI DENSITY LOW RISE COQUINA SANDS
BEACH FRONT ESTATES F RESIDENTIAL.HI DENSITY LOW RISE MOORINGS
to COMMERCIAL,BUSINESS PARK RESIDENTIAL,HI DENSITY MID RISE
m COMMERCIAL,HIGHWAY RESIDENTIAL,HI DENSITY TOWER
COMMERCIAL,UMITED RESIDENTIAL,LOW DENSITY
15 CONSERVATION RESIDENTIAL,MEDIUM DENSITY
DOWNTOWN RESIDENTIAL MOBILE HOME
INSTITUTIONAL,PUBLIC,SEMI-PUBUC • RESIDENTIAL,SENIOR LIVING
• RECREATION,PUBUC,SEMI-PUBLIC,PRIVATE -1 RUNWAY
m RESIDENTIAL.HI DENSITY HIGH RISE ! WATERFRONT,MIXED USE
• SURROUNDING PROPERTIES:
North South East West
Zoning PS, Public Service R3-12; C1-A R3-12 R3-12
Future Institutional Medium Density Res; Medium Medium Density `
Land Use Downtown Density Res Res
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1/22/2013 Item 16.A.12.
Staff Report 12-SPD5
Page 5
• AERIAL OF PROPERTY:
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• CRITERIA AND STANDARDS:
Site Plan with Deviations
Section 46-33(g)(2)of the Land Development Code provides the standards for approval
of a site plan with deviations. The standards and staff analysis are as follows:
1. Land uses and densities within the development shall be consistent with the
p.rmitt- . n iconditionat uses in thPioning district Conditional usesapprovP.d as
part of this plan approval shall comply with the standards for approval in section
46-34.
• The proposed use is residential. Residential units are permitted uses in the R3-
12, Multi-family Residential zoning district. This property is approximately 19,800
square feet or 0.45 acres. The R3-12 zoning district limits development to 12
units per acre, allowing a total of 5 residential units for this parcel. The petitioner
is proposing to construct three(3) single family residences, reducing the density of
the site by 2 units. The proposed land use and density within the development is
consistent with the requirements of the Code of Ordinances.
2. The development shall comply with applicable city plans and planning policies,
and shall have a beneficial effect both upon the area of the city in which it is
proposed to be established and upon the city as a whole.
• This project complies with applicable city plans and planning policies. The
petitioner's intent to reduce the residential density from the allowable 5 units to 3
detached single family units is complimentary to the residential character of the
surrounding neighborhood and to the City as a whole.
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Staff Report 12-SPD5
Page 6
3. The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
• The land area devoted to each residential lot is adequate. The proposed lots are
each 6,600 square feet,which exceeds the minimum lot area required in the R3-
12 district of 6,000 square feet and is adequate for the development of a single
family residence.
4. Streets, utilities, drainage facilities, recreation areas, building heights, sizes and
yards,and vehicular parking and loading facilities shall be appropriate for the
particular use involved.
• The site is currently served by existing infrastructure to include potable water, fire
service, central sewer, central drainage, adequate street access and related
private utilities. Although infrastructure is available, any future increase in
capacity of water and sewer that may be necessary shall remain a property owner
responsibility as set forth in the Naples Code of Ordinances.The petitioner has
depicted the addition of a 5'sidewalk along Third Avenue South which will
connect to the existing sidewalks to the East and West.
• The architect has obtained preliminary approval from the Design Review Board for
a unified architectural theme that is reflected in the design of the three (3) single
family residences. The residences all comply with the 30' height requirement in
the R3-12 district. Section 58-300 of the Code of Ordinances states that in the
R3-12 district,there is no maximum lot coverage requirement for individual single-
family residences constructed on individual parcels of land, except such
residences must meet minimum setback requirements. The lots all meet the
setback requirements on the perimeter of the development. The petitioner is
requesting a deviation from the setback requirements to allow for interior side yard
setbacks of 7.5', where 10' side yard setbacks are required for two-story buildings.
• The Code of Ordinances requires units in the R3-12 district to provide two parking
spaces per unit plus visitor parking calculated at one space per ten dwelling units.
The site plan submitted shows each residence with a 2 car garage, as well as
space available for two additional cars stacked behind the garages. For extra
visitor parking, the petitioner is proposing to add three parking spaces in the
public right of way along 3`d Avenue South. The petitioner will work with the City's
Streets and Stormwater Department to ensure compliance with City Council
Resolution 01-9256.
• The new single family residences will be required to conform to the City's
requirements for stormwater treatment and stormwater conveyance (Reference:
Ordinance 07-11807 and amendments thereof).
• The new single family residences will be required to comply with the fire flow
requirements of the Florida Fire Prevention Code, NFPA 1, Section 18.4.5.1.
5. Visual character and community amenities shall be equal or better in quality than
that required by the development standards for the district
• The Design Review Board granted preliminary design approval of this project on
August 29, 2012. While the details of each residence will vary slightly for visual
interest, the cohesive architectural style of the development is compatible with the
surrounding neighborhood. The architectural design, materials and landscaping
of these residential properties will enhance the visual character of the
neighborhood and will exceed the requirements of the multi-family zoning district.
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Staff Report 12-SPD5
Page 7
6. Areas proposed for common ownership shall be subject to a reliable and
continuing maintenance guarantee.
• The petitioner has created three(3)separate parcels which will be developed as
three separate single family residences with no areas of common ownership. The
stormwater retention/conveyance for each residence will be handled entirely on
each respective parcel and each parcel will have separate ingress/egress off of
the alleys in the rear and to the East of the property.
7. Deviations shall be clearly delineated in the petition and shall be the minimum
required to achieve the goals of the project and comply with these standards.
• The petitioner is proposing to deviate from Section 58-296 of the Code of
Ordinance,which requires 10' side yard setbacks for two-story buildings in the R3-
12, Multi-family Residential district. The petitioner is requesting approval for 7.5'
side yard setbacks in the interior of the site. The perimeter lots will conform to the
front, side and rear yard setback requirements of the R3-12 district. The
deviations are clearly delineated in the application and plans submitted and are
the minimum required to achieve the goal of creating a 3-parcel single family
neighborhood in this location. The perimeter setbacks will comply with the Code.
This deviation from the interior side yard setbacks applies to the construction of
one single family structure on each lot of record. If the property is redeveloped
with multiple units on each property or a combination of the lots, the construction
shall conform to the side yard requirements in effect at that time.
8. The proposed development is consistent with the comprehensive plan.
• The proposed development is consistent with the objectives and policies found in
the City's Comprehensive Plan.
• PUBLIC NOTIFICATION: On August 27, 2012 a total of 76 letters were mailed to all
property owners located within 500 feet of the subject property. To date there have been
no responses to the mailing.
• STAFF FINDINGS:
Staff has applied the Site Plan with Deviations standards for approval to this request and
believes that the standards have been met. Therefore, staff recommends approval of
Site Plan with Deviations Petition 12-SPD5, subject to the following conditions:
• The petitioner will work with the City's Streets and Stormwater Department on the
construction of the three on-street parking spaces on rl Avenue South to ensure
compliance with City Council Resolution 01-9256.
• The new single family residences will be required to conform to the City's
requirements for stormwater treatment and stormwater conveyance (Reference:
Ordinance 07-11807 and amendments thereof).
• The new single family residences will be required to comply with the fire flow
requirements of the Florida Fire Prevention Code, NFPA 1, Section 18.4.5.1.
Respectfully submitted,
Erica J. Goodwin, AICP
Planner II
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Staff Report 12-SPD5
Page 8
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View from Northwest corner of the property looking East along 3`d Avenue South
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Page 9
View from 3`d Avenue South down alley to the West of the property
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NAPLES CITY COUNCIL AGENDA MEMORANDUM
LIEL Na
Regular Meeting Date: October 17, 2012
X
Agenda Section: Prepared By: Erica J. Goodwin,AICP, Planner II
Regular Department: Planning
Agenda Item: Legislative ❑ Quasi-Judicial
13
SUBJECT:
A Resolution determining Site Plan with Deviations petition 12-SPD5 to allow for the construction of
three (3) two-story, single family homes with 7.5 foot interior side setbacks (15 foot separation
between structures) where 10 feet is required for property located in the R3-12, Multiple Family
Residence district at 630 &664 3`d Avenue South.
SUMMARY:
City Council is asked to consider a Resolution determining Site Plan with Deviations Petition 12-
SPD5 to allow for the construction of three two-story, single family homes with 7.5 foot interior side
setbacks (15 foot separation between structures) where 10 feet is required for property located in the
R3-12, Multiple Family Residence District at 630 & 664 3rd Avenue South, owned by Third Avenue
South, LLC. In that this is a Quasi-Judicial matter, disclosures and the swearing in of those giving
testimony are required.
BACKGROUND:
This site was previously approved for a four-unit multifamily development to be called the Third
Avenue South Villas. The project received Design Review Board approval in December of 2005, but
was never constructed. The property owner has since divided the property along the originally
platted lot lines to create three parcels, on which they wish to construct three single family
residences. The proposed single family development has received administrative Site Plan review
approval and Preliminary Design Review Board approval of the unified architectural scheme.
—^
The existing properties are zoned R3-12, Multi-family Residence District and the proposed lots will
retain this zoning designation. The Petitioner is seeking approval to allow for interior side setbacks
of 7.5 feet where 10 foot side yard setbacks are required for two-story single family homes in the R3-
12, Multi-family Residential district. The lots comply with the zoning regulations of the R3-12, Multi-
family Residential District regarding minimum lot area and minimum lot width and will comply with
the front, side and rear setback requirements at the perimeter of the property. The project complies
with the use and density restrictions of the code.
The Planning Advisory Board unanimously voted 6 to 0 (member Arnold abstained) to recommend
approval of this request at the September 12, 2012 meeting.
File Reference: 12-SPD5
Petitioner: Third Avenue South, LLC
Agent: Q. Grady Minor and Associates, P.A.
Location: 630 &664 3rd Avenue South
Zoning: R3-12, Multifamily District
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1/22/2013 Item 16.A.12.
NAPLES CITY COUNCIL AGENDA MEMORANDUM
CItL U"i`.Na 1
p.` Regular Meeting Date: October 17. 2012
e ..�
Page Two
[1 q. icy
Agenda Item:
13
BACKGROUND (cont.):
PUBLIC NOTIFICATION:
On August 27, 2012 a total of 76 letters were mailed to all property owners located within 500 feet of
the subject property. As of the date of this report, staff has not received any responses to the mailing.
RECOMMENDED ACTION:
Approve a Resolution determining Site Plan with Deviations Petition 12-SPD5 to allow for the
construction of three two-story, single family homes with 7.5 foot interior side setbacks (15 foot
separation between structures) where 10 feet is required for property located in the R3-12, Multiple
Family Residence District at 630 & 664 3rd Avenue South, owned by Third Avenue South, LLC.
Reviewed by Department Director Reviewed by Finance Reviewed by City Manager
Robin C Singer N/A Bill Moss.� �■
City Council Action:
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