Agenda 01/12/2010 Item #17B
Agenda Item No. 17B
January 12, 2010
Page 1 of 73
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EXECUTIVE SUMMARY
PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by Timothy Hancock, AlCP,
of Davidson Engineering, Inc., is requesting a rezone from the Estates (E) Zoning District
to the Commercial Planned Unit Development (CPUD) Zoning District for a maximum
25,000 square-foot commercial retail and office development to be known as Fakahatchee
Plaza CPUD. The 5.46-acre subject property is located at the northwest corner of the
Golden Gate Boulevard (CR 876) and Everglades Boulevard intersection in Section 6,
Township 49 South, Range 28 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) render a decision on the above-referenced
CPUD rezone request in view of staffs findings and the recommendations of the Collier County
Planning Commission (CCPC); and to insure that the community's interests are maintained.
CONSIDERATIONS:
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The petitioner proposes to construct a shopping center with a maximum floor area of 25,000
square feet, which would allow uses similar to those of the C-l, C-2 and C-3 zoning districts.
The CPUD's zoned building heights would be limited to a maximum of one-story and 35 feet,
with actual height, including appurtenances, not to exceed one-story and 47 feet.
As depicted on the conceptual Master Plan entitled "Fakahatchee Plaza CPUD Master Concept
Plan," prepared by Davidson Engineering, Inc. and dated June 11, 2007, as revised through
September 22, 2009, the proposed building(s) would be situated within a 2.l0-acre envelope
occupying the central portion of the site. This envelope would be buffered from the adjoining
Estates (E)-zoned properties to the north and west by a 25-foot wide landscape buffer, and would
be further separated from the existing single-family homes there by an additional 50-foot wide
buffer comprised of solely native vegetation and stormwater management detention areas, as
required pursuant to the Neighborhood Center Subdistrict of the Golden Gate Area Master Plan.
Since the site's original 5.46 acres would be reduced to 3.93 acres after right-of-way easements,
future reservations, and compensating right-of-way have been deducted, the site's required
preserve would be just 0.39-acres (3.93 acres x 10 percent), which would be provided in the
northwestern corner of the native vegetation butfer. Overall, 1.18 acres (3.93 x 30 percent)
would be retained as open space on the site, as requircd by the Land Development Code.
Access to the site would be afforded from a right-in/right-out access point on Golden Gate
Boulevard and a right-in access point on Everglades Boulevard. Potential inter-parcel
connections to the abutting residential uses to the north and west would also be provided, as
depicted on the Master Plan, since according to the Neighborhood Center Subdistrict, these
properties would be eligible for Conditional Uses if the proposed CPUD is approved.
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FISCAL IMPACT:
PUDZ-2007.AR-J J 398, Fakahatchee Plaza CPUD
December] 8, 2009
Pagelof6
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Agenda Item No. 178
January 12, 2010
Page 2 of 73
The rezoning action, in and of itself, would have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, would maximize its authorized level of development,
however, if the use were approved, a portion of the existing land would be developed and the
new development would result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is designated Estates Mixed Use
District, Neighborhood Center Subdistrict, as identified on the Future Land Use Map (FLUM) of
the GGAMP. Specifically, it is within the Everglades Boulevard and Golden Gate Boulevard
Neighborhood Center. The intent of the Neighborhood Center Subdistrict is to allow for
development to provide basic goods, services and amenities to Golden Gate Estates residents
while maintaining the semi-rural character of the area. Relevant to this petition, the
Neighborhood Center Subdistrict permits neighborhood commercial uses and Conditional Uses
of the E Zoning District, subject to specific development standards. The proposal complies with
all of these standards except for one, which is the limitation of drive-through facilities to banks.
As noted in the CPUD document, the petitioner has included drugstores as another allowable
drive-through use, justifying doing so since the CCPC determined in 2006 that a drive-through
pharmacy in the Snowy Egret CPUD, another Neighborhood Center located east of Collier
Boulevard, was consistent with the GGAMP's drive-through restrictions for bank facilities.
Since the Board of County Commissioners (BCC) agreed with the CCPC and approved this use
in the Snowy Egret CPUD, the petitioner is seeking approval for a drive-through pharmacy for
the subject CPUD, which will require the BCC to make a similar finding of consistency. (Please
note that the complete GMP analysis is contained in the staff report.)
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Transportation Element: Transportation Planning staff has reviewed the Traffic Impact
Statement (nS) and the CPUD document to offer a recommendation regarding Policy 5.1 of the
GMP's Transportation Element. This policy (and the other applicable policies) require an
analysis of rezone requests to consider their potential impacts on the transportation system; and
Policy 5.1 specifically states that the County should not approve any rezone request that
significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service (LOS) within the five-year planning period unless specific
mitigating conditions are approved. Transportation Department staff has reviewed the petition
PUDZ-2007-AR-J 1398, Fakahatchee Plaza CPUD
December 18, 2009
Page 2 of6
Agenda Item No. 176
January 12, 2010
Page 3 of 73
and the CPUD document and Master Plan for right-of-way and access issues. The applicant has
incOlporated Transportation staff's revisions within the CPUD document, and Transportation
Planning staffrecommends approval subject to the Transportation commitments contained in the
CPUD document.
GMP Conclusion: Based on the above analysis, staff concludes that this petition is consistent
with the FLUM and all of the applicable provisions of the Transportation Element. However, due
to the applicant's inclusion of the drive-through pharmacy, which is not permitted by the
Neighborhood Center Subdistrict of the GGAMP, staff cannot find the CPUD consistent with the
goals, objective and policies of the FLUE.
AFFORDABLE HOUSING IMPACT:
Approval of this CPUD would have no affordable housing impact since no affordable housing
units are proposed. The petitioner has not offered to contribute to the local affordable housing
trust fund in order to mitigate the project's impact on the need to provide affordable housing for
its employees.
ENVIRONMENTAL ISSUES:
All environmental issues have been addressed. The applicant was not required to submit an
Environment Impact Statement (EIS) for this project, nor was a hearing before the
Environmental Advisory Council required, because the 5.46-acre site does not exceed the 10-
acre threshold for tracts located landward of the coastal management boundary. The subject
property is within Zone I of the East Golden Gate Wellfield Protection Area. As such, the
storage or use of hazardous materials is strictly prohibited, and a commitment barring such
substances from the site has been incorporated into Exhibit E, Section 2, item B. At the time of
site development plan submittal, the applicant must demonstrate how adverse impacts from
stonnwater management to native vegetation in the preserve area would be prevented, as
required by the Neighborhood Center Subdistrict.
ENVIRONMENTAL ADVISORY COUNCIL (EACl RECOMMENDATION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition
since the small size of the site qualifies it for an EIS exemption.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This item was heard by the CCPC at their December 3, 2009 public hearing. The CCPC
unanimously voted 9-0 to forward it to the Board of County Commissioners (BCe) with a
recommendation of approval, subject to minor modifications to the CPUD document and other
conditions, which the applicant has incorporated into the document.
Because it received a unanimous approval and staff has received no letters of objection from the
community, this item is being placed on the Summary Agenda.
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LEGAL CONSIDERATIONS:
PUDZ-2007-AR-1l398, Fakahatchee Plaza CPUD
December J 8, 2009
Pagd of 6
Agenda Item No. 176
January 12, 2010
Page 4 of 73
This is a site specific rezone from the Estates (E) Zoning District to the Commercial Planned
Unit Development (CPUD) Zoning District. Initially, the burden falls upon the applicant to prove
that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts
to the BCC, should it consider denying the rezone, to determine that such denial would not be
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
proposal does not meet one or more of the listed criteria below.
Criteria for CPUD Rezones
Ask yourself the following questions. T7Je answers assist you in making a determination for
approval or not.
I. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
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3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies
of the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
pri vate.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with CPUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
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9.
Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
PUDZ-2007-AR-11398. Fakahatchee Plaza CPUD
December J 8, 2009
Page 4 of6
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Agenda Item No. 178
January 12, 2010
Page 5 of 73
10. Will the proposed CPUD Rezone be appropriate considering the existing land use
pattern?
II. Would the requested CPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
IS. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to
an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
of potential uses under the proposed zoning classification.
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25.
Consider: The impact of development resulting from the proposed CPUD rezone on
the availability of adequate public facilities and services consistent with the levels of
PUDZ-2007-AR-11398, Fakahatchee Plaza CPUD
December /8, 2009
Page 5 of6
Agenda Item No. 178
January 12, 2010
Page 6 of 73
service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.l06, article II], as amended.
26. Are there other factors, standards, or criteria relating to the CPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Swnmary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria.
This item is legally sufficient for Board action. (STW)
RECOMMENDATION:
Staff recommends that the BCC approve PUDZ-2007-AR-11398, subject to the developer
commitments contained in Exhibit F of the attached CPUD ordinance.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning & Land Development Review
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PUDZ-2007-AR-I1398, Fakahatchee Plaza CPUD
December 18, 2009
Page 6 01'6
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Agenda Item No. 17B
January 12, 2010
Page 7 of 73
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
17B
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by
Timothy Hancock, AICP, of Davidson Engineering, Inc. is requesting a rezone from the
Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning
District for a 25,000 square-foot commercial retail and office development to be known as
Fakahatchee Piaza CPUD. The 5.46-acre subject property is iocated at the northwest corner
of the Golden Gate Boulevard (CR 876) and Everglades Boulevard intersection in Section 6,
Township 49 South, Range 28 East, Collier County, Florida. CTS
1/12/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
John.David Moss Planner, Principal Date
Community Development & Zoning & Land Development Review 12/18/20094:27:17 PM
Environmental Services
Approved By
Steven Williams Assistant County Attorney Date
County Attorney County Attorney 12/22/200911:09 AM
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Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 12/22/2009 11 :12 AM
Approved By
Jeff Klatzkow County Attorney Date
12/23/20098:53 AM
Approved By
Ray Bellows Manager - Planning Date
Community Development & Zoning & land Development Review 12/23/200S 1 :42 PM
Environmental Services
Approved By
Nick Casalanguida Director - Transportation Planning Date
Transportation Division Transportation Planning 12/31/20099:33 AM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 12/31/2009 9:42 AM
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Approved By
Mark Isackson Management/Budget Analyst. Senior Date
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Agenda Item No. 178
January 12, 2010
Page 8 of 73
Office of Management &
Budget
Office of Management & Budget
1/4/20109:49 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
1/4/20105:03 PM
Agenda Item No. 178
AGE~mrM4l~10
Page 9 of 73
STAFF REPORT
TO:
FROM:
COLLIER COUNTY PLANNING COMMISSION
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: FEBRUARY 5, 2008
SUBJECT:
PUDZ-2007-AR-I1398; FAKAHATCHEE PLAZA COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPUD)
PROPERTY OWNER/AGENT:
OWNER:
AGENT:
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Michael Schoeller
Shoesop Properties, LLC
840 Jung Blvd. West
Naples, FL 34120
Tim Hancock, AICP
Davidson Engineering Incorporated
2154 Trade Center Way
Naples, FL 34109
REQUESTED ACTION:
The applicant requests that the Collier County Planning Commission (CCPC) consider a rezone of the
subject property from the Estates (E) Zoning District, with a Wellfield Special Treatment (ST/W-I)
overlay, to the Commercial Planned Unit Development (CPUD) Zoning District for a shopping center
to be known as the Fakahatchee Plaza CPUD.
GEOGRAPHIC LOCATION:
The approximately 5.46-acre subject property occupies the northwest comer of the intersection of
Golden Gate Boulevard and Everglades Boulevard, in Section 6, Township 49 South, Range 28 East,
Collier County, Florida (see location map on the following page).
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner proposes to construct a shopping center with a maximum floor area of 25,000 square
feet, which would allow uses similar to those of the C-l, C-2 and C-3 zoning districts. The CPUD's
zoned building heights would be limited to a maximum of one-story and 35 feet, with actual height,
including appurtenances, not to exceed one-story and 47 feet.
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Fakahalchee Plaza CPUD. PUDZ-2007-AR-1 1 398
Revised 11/9/09
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Agenda Item No. 17B
January 12, 2010
Page 12 of 73
As depicted on the conceptual Master Plan on the preceding page, entitled "Pakahatchee Plaza CPUD
Master Concept Plan," prepared by Davidson Engineering, Inc. and dated June 11,2007, as revised
through September 22,2009, the proposed building(s) would be situated within a 2.l0-acre envelope
occupying the central portion of the site. This envelope would be buffered from the adjoining Estates
(E)-zoned properties to the north and west by a 25-foot wide landscape buffer, and would be further
separated from the existing single-family homes there by an additional 50-foot wide buffer comprised
of solely native vegetation and storm water management detention areas, as required pursuant to the
Neighborhood Center Subdistrict of the GGAMP. Since the site's original 5.46 acres would be
reduced to 3.93 acres after right-of-way easements, future reservations, and compensating right-of-
way have been deducted, the site's required preserve would be just 0.39-acres (3.93 acres x 10
percent), which would be provided in the northwestern comer of the native vegetation buffer. Overall,
1.18 acres (3.93 x 30 percent) would be retained as open space on the site, as required by the LDC.
Access to the site would be afforded from a right-inlright-out access point on Golden Gate Boulevard
and a right-in access point on Everglades Boulevard. Potential inter-parcel connections to the abutting
residential uses to the north and west would also be provided, as depicted on the Master Plan, since
according to the Neighborhood Center Subdistrict, these properties would be eligible for Conditional
Uses ifthe proposed CPUD is approved.
AERIAL VIEW OF SUBJECT PROPERTY
Fakahatchee Plaza CPUD, PUDZ-2007-AR- J 1398
Revised J 1/9/09
Page 2
Agenda Item No. 178
January 12, 2010
Page 13 0173
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SURROUNDING LAND USES AND WNING:
North:
East:
Single-family residence of the E zoning district with a ST/W-l overlay
Everglades Boulevard, then the undeveloped Big Bear Plaza CPUD, approved for 0.36 acres
of commercial development consistent with the C- I through C- 3 zoning districts; with an
STfW-I and W-2 overlay
Golden Gate Boulevard, then vacant land with an E Zoning District and a ST fW -I overlay
Single-family residence of the E zoning district with an ST/W-l overlay
South:
West:
GROWTH MANAGEMENT PLAN CONSISTENCY
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Future Land Use Element (FLUE): The subject property is designated Estates Mixed Use District,
Neighborhood Center Subdistrict, as identified on the Future Land Use Map (FLUM) of the GGAMP.
Specifically, it is within the Everglades Boulevard and Golden Gate Boulevard Neighborhood Center.
The intent of the Neighborhood Center Subdistrict is to allow for development to provide basic
goods, services and amenities to Golden Gate Estates residents while maintaining the semi-rural
character of the area. Relevant to this petition, the Neighborhood Center Subdistrict permits
neighborhood commercial uses and Conditional Uses of the E Zoning District, subject to the specific
development standards italicized below, followed by staff's comments in bold font:
Neighborhood Center Criteria:
· Commercial uses shall be limited to intermediate commercial so as to provide for a wider
variety of goods and services in areas that have a higher degree of automobile traffic. These
uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land
Development Code (Ordinance 91-102, adopted October 30, 1991), except as prohibited
below.
The proposed principal uses, listed in Exhibit A to the CPUD documents, are limited to
the C-l, C-2 or C-3 zoning districts.
Parcels immediately adjacent to commercial zoning within the Neighborhood Centers
located at the intersections of..Golden Gate Boulevard and Evr;rgiades Boulevard...may
qualifY for Conditional Uses under the transitional conditional use provision of the
Conditional Uses Subdistrict of this Master Plan Element.
As previously noted, the E-zoned parcels adjacent to the north and west of the
proposed CPUD would be eligible for E-zoning Conditional Uses if the CPUD is
approved.
. A single project shall utilize no more than 50 percent of the total allowed commercial
acreage. This percentage may be increased at the discretion of the Board of County
Commissioners.
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Fakahatchee Plaza CPUD, PUDZ-2007-AR-I1398
Revised 11/9/09
Page 3
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Agenda Item No. 17B
January 12, 2010
Page 14 of 73
Although this petition requests commercial zoning for the eutire northwestern
quadrant of the Neighborhood Center, it represents less than 50 percent of the entire
Neighborhood Center.
. The project shall make provisions for shared parking arrangements with adjoining
developments.
Both of the adjacent parcels contain a single-family dwelling. Therefore, shared
parking is not needed or even appropriate.
. Access points shall be limited to one per 180 feet commencing from the right-ol-way of the
major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per
quadrant shall be allowed.
The PUD Master Plan depicts two access points, both in compliance with this
restriction. Additionally, this criterion has heen addressed in Exhibit B of the CPUD
document, Commercial Development Standards, Section 3, Transportation, item A.
. Driveways and curb cuts shall be consolidated with adjoining developments. whenever
possible.
If the CPUD is approved and an abutting parcel obtains Conditional Use approval,
such shared access would be appropriate. Therefore, the PUD Master Plan depicts
future interconnections to both of these properties.
. Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment.
except when the roadway median between the two parcels has no opening.
This criterion has been addressed in Exhibit B, Section 3, item A.
. Projects shall provide a 25-foot wide landscape buffer abutting the external right-ol-way.
This buffer shall contain two staggered rows of trees that shall be spaced no more than 30
feet on center. and a double hedgerow at least 24 inches in height at the time of planting
and attaining a minimum of three feet height within one year. A minimum of 50 percent of
the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground
covers other than grass. Existing native trees must be retained within this 25-foot wide
buffer area to aid in achieving this buffer requirement; other existing native vegetation
shall be retained, where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left in natural state, and
drainage conveyance through the buffer area shall be allowed if necessary to reach an
external outfall.
The language of this criterion has been incorporated into Exhibit B, Section 2,
Buffering and Environmental, item A.
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 17B
January 12, 2010
Page 15 of 73
. All buildings shall have tile rooft, 'Old Style Florida' metal rooft, or decorative parapet
walls above the roofline. The buildings shall beflnished in light, subdued colors, exceptfor
decorative trim.
This criterion has been provided for in Exhibit B, Section 1, Architectural, item B.
. Building heights shall be limited to one (1) story, with a maximum height ofthirty-flve (35)
feet. This provision only applies east of Collier Boulevard.
This criterion has been provided for in the table in Exhibit B, Development Standards.
. All lighting facilities shall be architecturally designed, and shall be limited to a height of
twenty-flve (25) feet. Such lightingfacilities shall be shielded from neighboring residential
land uses.
This criterion has been provided for in Exhibit B, Section 1, item I.
. Commercial uses shall encourage pedestrian traffic through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall
coordinate the placement of sidewalks so that a continuous pathway through the
Neighborhood Center is created
This criterion has been provided for in Exhibit B, Section 1, item C.
.'~
. All buildings and projects within any single specific quadrant of the subdistrict shall utilize
a common architectural theme. This theme shall be applicable to both building design and
.
slgnage.
This criterion bas been provided for in Exhibit B, Section 1, item A.
. No building footprint shall exceed 5,000 square feet, unless the project is submitted in the
form of a PUD. Walkways or courtyards shall connect adjacent buildings. This provision
only applies east of Collier Boulevard.
This project was submitted as a CPUD and the connection provision is provided for in
Exhibit B, Section 1, item D.
,,_..
. Drive-through establishments shall be limited to banks, with no more than three lanes; the
drive-through areas shall be architecturally integrated with the rest of the building. This
provision only applies east of Collier Boulevard
In Exhibit B, Section 1, item E, the petitioner has added "drugstores" as another
allowable drive-through use. The petitioner's justification is that the CCPC
determined in 2006 that a drive-through pharmacy in the Snowy Egret CPUD,
another Neighborhood Center located east of Collier Boulevard, was consistent with
the GGAMP's drive-through restrictions for bank facilities, which the Board of
County Commissioners (BCC) agreed with and approved. As such, the petitioner is
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 178
January 12, 2010
Page 16 of 73
seeking approval for a drive-through pharmacy for the subject CrUD, which will
require the BCC to make a similar finding of consistency. However, unless such
detcrmination is made, staff has included a condition of approval limiting drive-
through uses to banks only.
,
Fences or walls may be constructed on the commercial side of the required landscape
buffer between adjacent commercial and residential uses. If constructed, such fences or
walls shall not exceed five (5) feet in height, Walls shall be constructed of brick or stone.
Fences shall be of wood or concrete post or rail types, and shall be of open design (not
covered by slats, boards or wire).
.
This criterion has been provided for in Exhibit B, Section 1, item G.
. Projects directly abutting residential property (property zoned Estates and without an
approved conditional use) shall provide, at a minimum, a seventy-five (75) fret wide buffer
in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the
buffer width shall consist of retained native vegetation and must be consistent with
subsection 3.9.5.5.6 [now Section 3.05.07 H} of the Collier County Land Development
Code (LDC). The native vegetation retention area may consist of a perimeter berm and be
used for water management detention. Any newly constructed berm shall be re-vegetated to
meet subsection 3.9.5.5.6 [now Section 3.05.07.H] of the LDC (native vegetation
replanting requirements). Additionally, in O/'der to be considered for approval, use of the
native vegetation retention area for water management purposes shall meet the following
criteria:
a. There shall be no adverse impacts to the native vegetation being retained. The
additional water directed to this area shall not increase the annual hydro-
period unless it is proven' that such would have no adverse impact to the
existing vegetation.
b. If the project requires permitting by the South Florida Water Management
District, the project shall provide a letter or official document from the District
indicating that the native vegetation within the retention area will not have to be
removed to comply with water management requirements. If the District cannot
or will not supply such a letter, then the native vegetation retention area shall
not be usedfor water management.
c. If the project is reviewed by Collier County, the County engineer shall
provide evidence that no removal of native vegetation is necessary to facilitate
the necessary storage of water in the water management area.
These criteria have becn provided for in Exhibit B, Section 2, item B.
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
Revised 11/9/09
Page 6
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Agenda Item No. 17B
January 12, 2010
Page 17 of 73
Projects within the Neighborhood Center Subdistrict that are submitted as PUDs shall
provide a functional public open space component. Such public open space shall be
developed as green space within a pedestrian-accessible courtyard, as per Section
2.4.5.4 [now Section 4.06.03 B.3l of the Collier County Land Development Code, as in
effect at the time of PUD approval,
This criterion has been provided for in Exhibit B, Section I, item H.
The following principal permitted uses are prohibited within Neighborhood Centers:
Drinking Places (5813) and Liquor Stores (5921)
Mail Order Houses (5961)
Merchandizing Machine Operators (5962)
Power Laundries (7211)
Crematories (7261) (Does not include non-crematory Funeral Parlors)
Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331)
NEC Recreational Shooting Ranges, Waterslides, etc. (7999)
General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty
Hospitals (8069)
Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges
(8222)
Libraries (8231)
Correctional Institutions (9223)
Waste Management (9511)
Homeless Shelters and Soup Kitchens
All 13 of these uses have been prohibited in Exhibit A.
GGAMP Policy 5.1.1 states:
If a streetlight or an area light is required, it shall be of the type specified to protect neighboring
properties from direct glare. Area lighting shall be shielded such that direct rays do not pass
property lines. Low-pressure sodium lamps are encouraged while halogen type lights are
discouraged.
1. Where required, the street lamp shall be of the high pressure sodium type and have
a "cobra head with flat bottom" style or be fully shielded so that light is directed
only downward Street lamps shall be mounted on a wood pole at a height and
wattage recommended by the appropriate electric utility and as appropriate for a
rural area.
2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so
that they point downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be illuminated
This criterion has been incorporated into Exhibit E, Section 5, item A.
__ Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 17B
January 12, 2010
Page 18 of 73
FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the
surrounding land uses as set forth in the LDC. The compatibility analysis is described in detail in
the Analysis portion of this report, beginning on the following page.
Based upon the above analysis, the proposed rezone may not be deemed consistent with the
GGAMP solely due to the petitioner's inclusion of a drive-through pharmacy in the CPUD.
However, the CCPC should be aware that a drive-through pharmacy has been approved for another
CPUD in the Neighborhood Center Subdistrict, despite this subdistrict's restriction to drive-
through banks only.
Transportation Element: Transportation Planning staff has reviewed the Traffic Impact
Statement (TIS) and the CPUD document to offer a recommendation regarding Policy 5.1 of the
GMP's Transportation Element. This policy (and the other applicable policies) require an analysis
of rezone requests to consider their potential impacts on the transportation system; and Policy 5.1
specifically states that the County should not approve any rezone request that significantly impacts
a roadway segment already operating and/or projected to operate at an unacceptable Level of
Service (LOS) within the five-year planning period unless specific mitigating conditions are
approved.
Golden Gate Boulevard Impacts:
The first concurrency link that would be impacted by the project is Golden Gate Boulevard from
Wilson Boulevard to Everglades Boulevard (Link 123). The project would generate 20 PM peak
hour, peak direction trips on this link, which represent a significant 1.98 percent impact on the
roadway. Currently this segment of Golden Gate Boulevard is failing, with a remaining capacity of
-53 trips, and as reflected in the Draft 2009 AUIR, is operating at a LOS of "F". However,
mitigation has been proposed by the applicant that would allow considerable network
.
Improvements.
No subsequent link of Golden Gate Boulevard would be significantly impacted.
Everglades Boulevard Impacts:
The next concurrency link that would be impacted by the project is Everglades Boulevard from
Golden Gate Boulevard to Oil Well Road (Link 135). The project would generate 20 PM peak
hour, peak direction trips on this link, which represents a significant 2.22 percent impact on the
roadway. Currently this segment of Everglades Boulevard has a remaining capacity of 594 trips
and, as reflected in the Draft 2009 AUIR, is operating at a LOS of "C."
No subsequent link of Everglades Boulevard is significantly impacted.
GMP Conclusion: Based on the above analysis, staff concludes that this petition is consistent
with the FLUM and all of the applicable provisions of the Transportation Element. However, due
to the applicant's inclusion of the drive-through pharmacy, which is not permitted by the
Neighborhood Center Subdistrict of the GGAMP, staff cannot find the CPUD consistent with the
goals, objective and policies ofthe FLUE.
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 176
January 12, 2010
Page 19 of 73
,;' .
ANALYSIS:
Staffhas completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in LDC Subsection 1O.02.l3.B.5,
Planning Commission Recommendation ("PUD Findings"), and Subsection 10.03.05.1, Nature of
Requirements of Planning Commission Report ("Zoning Findings"), which establish the legal bases
to support the CCPC's recommendation. The BCC, in turn, use these same criteria to support their
action on the rezoning request. An evaluation relative to these subsections is discussed below,
under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the
following analyses:
Environmental Analysis.;. All envirorunental issues have been addressed. The applicant was not
required to submit an Environment Impact Statement (EIS) for this project, nor was a hearing
before the Envirorunental Advisory Council required, because the 5.46-acre site does not exceed
the IO-acre threshold for tracts located landward of the coastal management boundary. As
previously stated, the subject property is within Zone I of the East Golden Gate Wellfield
Protection Area As such, the storage or use of hazardous materials is strictly prohibited, and a
commitment barring such substances from the site has been incorporated into Exhibit E, Section 2,
item B. At the time of site development plan submittal, the applicant must demonstrate how
adverse impacts from stonnwater management to native vegetation in the preserve area would be
prevented, as required by the Neighborhood Center Subdistrict.
.- Transportation Analysis: Transportation Department staff has reviewed the petition and the
CPUD document and Master Plan for right-of-way and access issues. The applicant has
incorporated Transportation staffs revisions within the CPUD document, and Transportation
Planning staff recommends approval subject to the Transportation commitments contained in the
CPUD document.
Utility Review: This project does not impact the utilities provision. Per the 2008 Water and
Wastewater Master Plan Update, the property is not located within the Collier County Water-
Sewer District nor is it part of any other existing Utilities District. As the development is within
the Golden Gate Estates Area, it is located in the City of Naples East Golden Gate Wellfield and
Collier County Potential Wellfield. Therefore, the rules and regulations for the protection of
wellfields would need to be followed.
Emergency Management: The Fakahatchee Plaza CPUD is not located within a hurricane surge
zone, nor does it propose residential development. As such, the Emergency Management
Department has no objection to its approval.
Zoning Review: LDC Subsection 1O.02.13.B.5 states that, "In support of its recommendation, the
Planning Commission shall make findings as to the PUD Master Plan's compliance with the
following criteria:"
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Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 178
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1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
The GMP designates the property a Neighborhood Center Subdistrict of the GGAMP,
which areas have been designed to concentrate commercial and conditional uses where
traffic impacts can be accommodated. The CPUD's proposed uses would be suitable
because of the GMP's contemplation of such areas for the provision of basic goods,
services and amenities for residents of the Estates. In addition, the site could
accommodate the traffic generated by these uses because of its location at the intersection
of Golden Gate Boulevard and Everglades Boulevard, both rural major collectors. The
CPUD also incorporates specific development requirements, as outlined in the
Neighborhood Center Subdistrict provisions, to ensure the development's compatibility
with the existing pattern of development relative to the characteristics of the land,
surrounding areas, traffic, access, drainage, sewer, and water. Therefore, the site is
physically suitable for the proposed development.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts. or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense.
Documents submitted with the application, which were reviewed by the County
Attorney's Office, demonstrate unified control of the property. Additionally, the CPUD
document makes appropriate stipulations for the provision of necessary infrastructure.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies
of the Growth Management Plan (GMP).
Based upon the requirements of the Neighborhood Center Subdistrict and
Comprehensive Planning staff's analysis, the proposed CPUD may be deemed consistent
with the GMP except for its proposal to allow a drive-through pharmacy.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements,
As depicted on the CPUD Master Plan included at the beginning of this report (and in
Exhibit C to the CPUD docnment), the proposed uses would be separated from the single-
family homes to the north and west by a 25-foot wide enhanced Type C buffer (as
described in Exhibit B, item B) coupled with a minimum SO-foot wide buffer of retained
native vegetation. To the east, and south, along Everglades Boulevard and Golden Gate
Boulevard, respectively, the enhanced Type C buffer would also be provided. All of these
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 176
January 12, 2010
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,-
proposed buffers would be consistent with the Neighborhood Center Subdistrict
provisions and would exceed the requirements of the LDC.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
According to the Master Plan, 30 percent of the site's total area remaining after the
conveyance of right-of-way, representing 1.18 acres, would be retained as open space,
which meets the minimum open space requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
No level of service deficiencies currently affect this site and the Developer Commitments
contained in Exhibit E would provide for the adequate provision of necessary
infrastructure to meet concurrency requirements at the time of site development plan
(SDP) approval. Therefore, the timing of development would not be an issue if the
proposed rezoning were approved.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
-"--..
Consistent with the intent of the Neighborhood Center Subdistrict, the site is neither
designed nor intended to provide for expansion. Nevertheless, approval of this petition
should not adversely impact the ability of surrounding areas to accommodate expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The project's development standards are contained in Exhibit B of the CPUD document.
Although LDC Section 2.03.06.C.3 permits CPUDs to include the entire range of uses
permitted in the General Commercial (C-I) through the Heavy Commercial (C-S) zoning
districts, the provisions of the Neighborhood Center Subdistrict restrict these uses to only
those that are allowed by the C-! through C-3 zoning districts. As such, the C-2 zoning
district has been used as a benchmark to evaluate the proposed development standards
against the standards of the most similar conventional zoning district. As illustrated in
the following table, tbe proposed CPUD standards are consistent with the C-2 zoning
district.
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Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 178
January 12, 2010
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Proposed Development Standards for Principal Structures vs. C-2 Standards of LDC
10,000 sq. ft.
I 00 feet
15,000 sq. ft.
150 feet
external internal
25 feet 25 feet
nla 15 feet
15 feet 7.5 feet
50% of zoned building
heights, minimum 15 feet
25 feet
15 feet
15 feet
50% of zoned
building heights,
minimum 15 feet
1 storey and
35 feet (zoned)
47 feet (actual)
35 feet
LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners.. . shall show that
the planning commission has studied and considered proposed change in relation to the following when
applicable:"
1. Whether the proposed change will be consistent with the goals, objectives. & policies of the
Future Land Use Map and the elements of the Growth MalUlgement Plan.
As noted on page eight of this report, except for the inclusion of a drive-through
phannacy in the list of permitted uses, Comprehensive Planning staff has found the
CPUD to be consistent with the Future Land Use Map (FLUM) and the other applicable
provisions of the GMP. Furthermore, the property is designated as a Neighborhood
Center Subdistrict, whose specific development requirements outlined in the GGAMP
have been appropriately referenced in the PUD document to assure their compliance.
2. The existing land use pattern;
The subject property is located at the crossroads of Golden Gate Boulevard and
Everglades Boulevard, an intersection in which all four quadrants are classified as a
Neighborhood Center Subdistrict by the GGAMP. Except for the property in the
northeastern corner of the intersection, which is zoned Big Bear Plaza CPUD and
approved for commercial uses consistent with the C-! through C-3 zoning districts, the
properties surrounding the subject site are zoned E and are either developed with single-
family homes or undeveloped lots. In light of this land use pattern, the proposed CPUD
would be appropriate for this location.
Fakahatchee Plaza CPUD. PUDZ-2007-AR-1 1398
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Agenda Item No. 176
January 12, 2010
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3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
Approval of this CPUD would not create an isolated district as the proposed CPUD
fulfills the intent of the Neighborhood Center Subdistrict of the GMP, which is to locate
commercial uses that can provide basic goods, services and amenities to Golden Gate
Estates residents while still maintaining the semi-rural character of the area.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property proposedfor change.
The aerial photograph on page two of this report highlights the boundary of the subject
property and demonstrates that it is logically drawn consistent with the Neighborhood
Center Subdistrict.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
As contemplated by the GGAMP of the GMP, an increased population in the Estates-
designated area of the County, which is typically far from the Urban-designated area,
has created a need for basic commercial goods and services closer to Estates residents.
The proposed CPUD would meet the needs of this population by rezoning E-designated
property to CPUD in order to permit basic commercial uses ranging from C-t to C-3 in
intensity. Furthermore, the Neighborhood Center Subdistrict encourages rezones the
form of a PUD.
6. Whether the proposed change will adversely influence living conditions in the neighborhood;
The proposed CPUD would not adversely affect living conditions in the neighborhood.
Incorporated into the proposed CPUD document are the applicable provisions of the
Neighborhood Center Subdistrict of the GMP, which were designed to assure that the
commercial development anticipated for the subject site would respect the location's
semi-rural nature. For example, an effective 75-foot buffer would be required to
separate the proposed uses from adjoining residential ones; a rural, "Old-Florida"
architectural style would be required, including complementary signage and street
lights; allowable uses would be limited to intermediate commercial and potentially
noxious uses would be prohibited; and access points would be restricted. Additionally,
staff has recommended a condition of approval limiting the hours of operation on the
site from 6 a.m. to 11 p.m., as was approved for the Big Bear CPUD across Everglades
Boulevard, to prevent potential incompatibilities with adjoin residential uses. The
development of the project would also have to be in compliance with applicable
concurrency management regulations at the time development approvals were sought.
Therefore, the proposed uses would not only be compatible with the surrounding
neighborhood, but would enhance living conditions by providing much needed
commercial services and amenities.
.-.
Fakahatchee Plaza CPUD, PUDZ-2007-AR-J J 398
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Agenda Item No. 178
January 12, 2010
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7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses. because of peak volumes or
projected types of vehicular trifflc, including activity during construction phases of the
development, or otherwise affect public safety.
As previously noted, the proposed CPUD was reviewed by Transportation Planning
staff, who has ensured that the language incorporated into Exhibit E of the CPUD
document is appropriate mitigation for potential traffic impacts. In conformance with
Policy 5.1 of the Transportation Element of the GMP, no significant level of service
impacts would result from this project. Rather, the provision of goods and services in the
Estates-designated area will reduce the average trip length for these residents. For these
reasons, the proposed CPUD would not excessively increase traffic congestion or
otherwise create adverse traffic impacts.
8. Whether the proposed change will create a drainage problem;
The proposed change would not create surface water problems since the CPUD
document incorporates appropriate language to insure suitable drainage on the site,
such as the provision of 0.61 acres for stormwater management and the utilization of the
75-foot-wide buffer area for stormwater detention. The project would also be reviewed
and approved by the County's Stormwater Engineering staff and the South Florida
Water Management District at the time of site development plan review. Therefore, no
drainage problems would result from the proposed development.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
The proposed CPUD would not impact light and air on adjacent properties since ample
setbacks have been provided for the building envelope from the property's boundaries
as a result ofthe intense buffering requirements ofthe subdistrict.
J O. Whether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon a variety of circumstances that are
external to the subject property (since property valuation is affected by a host of factors
other than zoning). However, given the proposed development standards, no diminution
of property values would be anticipated.
J J. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The proposed development fulfills tbe planning objectives of the GGAMP, so it is
improbable tbat it would be a deterrent to tbe improvement of adjacent property in
accordance with the existing regulations. It sbould also be noted that development of the
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 178
January 12, 2010
Page 25 of 73
subject property would make the two adjacent residential properties eligible for
Conditional Uses pursuant to the transitional Conditional Use provisions of the GMP.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
As previously stated, the proposed CPUD complies with the Neighborhood Center
Subdistrict of the GGAMP and, with the developer's commitments contained in Exhibit
E, would also be consistent with the applicable regulations of the LDC. Furthermore,
land use applications are subject to a public hearing process to insure that they do not
constitute a grant of special privilege and that they are compatible with other properties
in the vicinity.
13. Whether there are substantial reasons why the property cannot be used in accordance with
.. .
eXlstzng zomng;
E-zoning is no longer the most appropriate for this location. Because the property is at
the intersection of two major rural collectors, it is more suitable for the intermediate
commercial uses needed by the area's burgeoning population. Moreover, the
Neighborhood Center Subdistrict of the GGAMP designates this area for the proposed
uses.
",""
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As previously stated, the commercial uses of proposed CPUD are needed by the
community, as reflected in the area's designation as a Neighborhood Center Subdistrict.
As acknowledged in criterion six above, the specific language of this subdistrict has been
incorporated in the CPUD document to ensure the project's compatibility with its
surroundings. Furthermore, zoned building height would be limited to one-story, with a
maximum height of 35 feet, which conforms to the neighborhood.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
There are potentially other sites already zoned to accommodate the proposed
development; however this is not the determining factor when evaluating the
appropriateness of a rezoning decision. The proposed CPUD was reviewed and deemed
compliant with the GMP and the provisions of the LDC, subject to approval of the
requested deviations.
16. The physical characteristics of the property and the degree of site alteration, which would be
required to make the property usable for any of the range of potential uses under the
proposed zoning classification,
~-
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
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Agenda Item No. 17B
January 12, 2010
Page 26 of 73
Any development on the site would require some site alteration. However, with the
proposed development, one acre (18 percent of the site) would remain vegetated or
replanted with native flora.
17, The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan
and as defined and implemented through the Collier County Adequate Public Facilities
Ordinance, as amended.
As noted, the proposed CrUD petition has been reviewed by the Transportation
Planning Department and the Utilities Department, both of which have recommended
approval of the project, finding that it would not have an adverse impact on the levels of
service for public facilities.
NEIGHBORHOOD INFORMATION MEETING (NIMl;,
The applicant duly noticed and held the required meeting on November 14,2007 at 6:00 p.m. at
the Golden Gate Estates Branch Library. Thirteen people from the community attended, as well as
Fred Hood, AICP, and Tim Hancock, AICP, of Davidson Engineering, and County staff.
Mr. Hood explained the objective of the CPUD rezone by stating the following:
. 25,000 square-feet of commercial was proposed;
. Uses consistent with the C-I through C-3 zoning districts were being sought;
. A minimum 25-foot landscape buffer would be provided around the site;
. A 75-foot wide buffer with a meandering berm would be provided adjacent to residential
uses;
. Maximum building height would be 35 feet;
. Only two points of access would be provided. Golden Gate Boulevard would be right-
in/right-out and Everglades Boulevard would be right-in only;
. Right-of-way would be set aside for road widening; and
. The CPUD would provide needed retail and/or office space.
Mr. Tim Nance of the Golden Gate Estates Area Civic Association said that the applicants could
gamer the support of the Civic Association if lighting were carefully examined and designed so as
not to impact adjacent residential uses, Another audience member expressed concern about a
"domino effect" if the property were rezoned. Mr. Hancock explained that the Neighborhood
Center Subdistrict provided for the proposed uses and that adjacent residential land could not just
be converted to commercial. Another person wanted to know what commercial uses would be
opening on the site. Mr. Hancock replied that no business had signed a letter of intent at this time
but added that they would like to see a small restaurant, dry cleaners and other uses of that nature.
Mr. Hancock assured attendees that there would be no fast-food restaurant, and that the only drive-
through uses would be a bank and a pharmacy. He also said that no gas station would be permitted
Fakahatchee PICl2a CPUD, PUDZ-2007-AR-11398
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Page /6
Agenda Item No. 17B
January 12, 2010
Page 27 of 73
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because of the site's wellfield location. Finally, he committed to a building height of one-story and
35 feet zoned, with an actual height of 47 feet.
No opposition to the rezone was expressed and the meeting concluded at 7:00 p.m.
Because of the long length oftime between the original NIM and the project's CCPC hearing date,
the applicant held a second NIM on September 24, 2009 at 5:30 p.m. at Golden Gate Fire Station
No. 71. Only two people from the community attended (who had also attended the first NIM), as
well as Mr. Hancock and County staff.
Mr. Hancock re-described the project and both of the citizens expressed their support, saying that
commercial uses were needed. They also wanted to know the feasibility of the adjoining properties
becoming commercial; and if there would be fast-food restaurants, Mr. Hancock explained that the
GMP would not allow the expansion of commercial to those properties or drive-through, fast-food
restaurants.
The meeting adjourned at 5:50 p.m.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed and approved this staff report on November 16,2009.
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward Petition PUDZ-2007-AR-I1398 to the Board of County
Commissioners (BCe) with a recommendation of approval, subject to the stipulations below,
which have been incorporated into Exhibit F of the CPUD document:
1. Irrespective of that stated in Exhibit B.I, Architectural, item E, no drive-through
pharmacies shall be permitted (unless recommended for approval by the CCPC as for the
Snowy Egret CPUD).
2. The hours of operation on the site for all non-essential services shall be limited to 6 a.m. to
II p.m.
-
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
Revised 11/9/09
Page 17
-..-.-.'-"-'-.-'"
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,-_._._-~~.,_._."."-.,
Agenda Item No. 178
January 12, 2010
Page 28 of 73
PREPARED BY:
JO - AVID S,AlCP,PRlNCIPALPLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
II-I?-b!
RAYMO D V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
'?no I
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
C)
DATE
APPROVED BY:
/I/t?fri
( I DATE
S PH K. SCHMITT ADMINISTRATOR
ITY DEVELOPMENT & ENVIRONMENTAL
RVICES DIVISION
Tentatively scheduled for the January 12,2010 Board OfCOlll1ty Commissioners Meeting
COLLIER COUNT PLANNING COMMISSION:
~ (1 b
P. STRAIN, CHAIRMAN
DATE
Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398
Revised 11/9/09
Page 18
.
--
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLWGOV.NEI
<.
. Agenda Item No. 178
January 12, 2010
Page 29 of 73
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
,
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.. '. . ApPLICATION FcHfPUBjjCHEARiNGFQR: .
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d AMENDMENT TO PUD (PUDA)' . . 'IZlPUD REZc)NE (puDtr.. -. '.[] . PUD TO PUP REZONE (PUDZ-A)
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PUDZ-2007-AR-11398 REV: 1
Project: 2006120042
Date: 3/14/07 DUE: 4/11/07
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESS.ED
ASSIGNED PLANNER
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APPLICANT INFORMATION .
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NAME OF APPLlCANT(S) SHO,E$OP PROPE~J:IES. LLC
ADDRESS 840 JUNG BLVD WEST CITY.l!IAPLES
TELEPHONE #....I23ill5S-S.Hl CELL # ....1239)777-480;1
E-MAIL ADDRESS:
-
STATE FL ZIP 34120
FAX # ..J23914SS-736S
TELEPHONE #....I2~;.3916.. _' CELL #
E-MAIL ADDRESS:DAVIt!SO~G.COM
NAME OF AGENT JIM HANCOCK. A~Ay'IDSO~RlflIG.II\IC.
ADDRESS WAY CITY NAPLES STATE.J'l ZIP 34109
FAX # ....I~39tS97-S19S /
/
.
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUI YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH ESE REGULATIONS.
.~_.,
Application For Public Hearing For PUD Rezone 1122107
" '-"~"'-
Agenda Item No. 178
January 12, 2010
Page 30 of 73
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Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION.
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION.
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION.
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION.
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION. GOLDE~ GATE ESArES AREA CIVIC ASSOCI~TION
MAILING ADDRESS 233S TAMIAMI1]lAIUIORTH SYIIE 308 CITY NAPLES
STATE.-fLZIP 34102
-
Application For Pu.bl1c Hearing For PUD Rezone 1/22107
~,.~..
Agenda Item No. 178
January 12, 2010
Pa e 31 of 73
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a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirely,
tenancy in common, or loint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
..
Name and Address .
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownership
Michael SchoeUer
840 JII..!IS! 8Jvd Hlulles. F.l.H120
100%
-
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name 'and Address
Percentage of Ownership
Application For Public Hearing For PUD Rezone 1/22/07
- --_..- "
.~'
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Agenda Item No. 176
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP,JR~j~ ~i~~
of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or portners.
Name and Address
Percentage of Ownership
-
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
Application For Public Hearing For PUD Rezone 1/22/07
g.
Date subject properly acquired 0 leased 0 Term of lease
Agenda Item No. 17B
January 12, 2010
Ppge 33 of 73
yrs./mos.
If, Petitioner has option to buy, indicate the following:
Dale of option:
Date option terminateS':
Anticipated closing date
. or
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the dale of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
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Detailed l!ll:al descril!tion ofJhe l!!:!!JIertY covered bJ: the all.l!Jlcation: (If space is inodequate, attoch
on separate page.) If request Involves change to more than one zoning district, includeseporate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
."-.
SectionfT ownship /Range
Lot, 1 28
6 / 49 S / 28 E
Block,
Subdivision.
~ Gate_Estates. U,,1I76
Property 1.0.#, 406290oo00t
Plat Book
Page #,
- Metes & Bounds Description:
1I!.ACT 128. GOIJm:ol GAIUliTATES UltII..NO. 76
A$ !l.ECORP~D It!! PLAT BOOK 5. P_AQW 3. AND 14
P CO LIE FLO
THE BO A OFA
238.1I00SQUARUliiET OR 5.46 ACRES OF LAtm
SUBJEg: TO EASEMENTS. RESTRICTIONS AND &ESERV A tlONS
OF RECORQ,
Size of Im!Ile~: 680 ft. X 350 ft. = Total Sq. Ft. :!: 2311.000
Acres 5.~
Address/l!:eneralJocation of subject m:!!Pertyl
Northwest cClmer lit Golden Gale .l!lvd E and
Everlllades Blvd N,
,,-
PUD District (LDe 2.03.06), 0 Residential 0 Community Facilities
o Commercial 0 Industrial
Application For Public Hearing For PUD Rezone 1/22/07
.-.-..
"_ "__......_ n.-._
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Agenda Item No. 178
Page 34- of 73
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ADJACENt.ZONINGAND:L~ USE
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Zoning land use
N "E" Sin9l!.Eami!y Home
S "E" Vacant
E "CPUO" -Yllcant
W "E" Single Family Home
Does the owner of the subject property own property contiguou5 to the 5ubject property? If 50, give
. complete legal description of entire contiguous property. (If 5pace is inadequate, attach on separate
page).
NO.
Sectio nIT ownship IRange
lot: Block.
I I
Subdivision.
Plat Book
Page #.
Property 1.0.#:
Metes & Bounds Description:
........ .
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. REZONE REQUEST '.
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This application is requesting a rezone from the"E" zoning district(s) to the"CPUO" zoning district(s).
Present Use of the Property. . Vacant
- Proposed Use (or range of uses) of the property:
Original PUO Name:
Comm!rcial/RetgjJ
Ordinance No.:
I
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'EV ALUATiONCRiTERIA
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Pursuant to Section 1 0.02.13 of the Collier County land Development Code, staff's analysis and
recommendation to' the Planning Commission, and the Planning Commission's' recommendation to the
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the criteria noted
below. Include any backup materials and documentation in support of the request.
PUD ~,ezonl' Considerations {lDC Section 10.02.13.ll}
1. The suitability of the area for the type and paltern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other
utilities.
Application For Public Hearing For POO Rezone 1/22/07
,.....,.
,,-
Agenda Item No. 178
January 12, 2010
Page 35 of 73
Response: This petition seeks to convert 5.46 acres of land zoned Esta~!ijE} to Commercial
PUD for the develo/J.ment of a commercial center. The ~dY Is bounde,d bv:
Golden Gate Souleyard to the "south and Everglades Boulevard to the east.
Access to tf!lt site will be throlJ1l.h both G~/f!en Gate Boulevard and EvelJdpdes
Boulevard. The adiacent p~rtIes to the north and the west are occupied bv:
!!!l!l1.e familY dwellings. The lUSlPosed ~ will comRfy wIth all buffer
mgulrements 'set forth' In the CollIer Countv Land Deve/oRment Code. While
pent,nfl water and sewer servIces do not exist in thIs area, th/{l subleet ersw.e~
part of a Nelghborl]ood Cen~r Whllf,h antic/~s the t'tPe of deve/opmeQ,l
RlRPosed. Based upOn these factors th.!.R!!}POsed f]!!}ject I~ compatible wIth the
!!!lacent P.!RR~rfles.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other i.nstruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such areas
and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county a"orney.
Response: The land Is owned b.y the Qet/tloner. AQY common areas withIn the e.!RJect.
Includ~OJl all preserve are~s. will be Owlled and maintained bl( the e.rol2.ertv. owner.
or subs/{lguent /H9PI{lrtv oW'1er or designated a~.lpoclat/on(~
3.
Conformity of the proposed PUD with the goals, objectives and policies of the growth management
plan.
-
Response: The lZlRP-osed Pro~ Is consistent with the Collier County Growth Management
Plan (GMPl and the Golden Gate Area Master Plan (I:!GAMP) through the
!f!lJlicat/on of the development standards contained in this CPUD. Th~.2!!2Poser!.
l1l!li~ iscon,{l/stent with the foUowlnuner;ific ll2licies and oblectlves:
Policy 1.1.2 of the GGAMP: The sub[ect e.!RPertv Is designated Estates-Mixed Use
Dilp.t.rict."A.nd Neighborhood Cen~r Subdi:fitrict ~e;- the Future Land US!1 Element
IF.LUE.) a.Qd the coun~ide Future Lf.nd Utj,e MaillF.L.U.M.l
Policy 5.4 of the GMP: The 1URP0sed development Is coml1!!t/ble with ang
c~mp'limentary to slJrrouncl,lng land uses In t!llt the lURPertv is within the
Neighborhood Center D!strlct and will be deve/oDed per the Intended us,es
anticlD!lted In th/{l GGAMP. Furthermot:8 the Q!!lP.ertles surrounding the sub~
l'.arc~ to the south and ,ast a(V vacant whlie the ~rties to the north and I1!,est
are develol2.ed as a sln~faml!y home', These residential p~rtles will be
.'iHlflcie.nt/y buffered as l1er the LDC. GMP anr! GGAMP.
.
,'"
Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) Is
f.vrthe;.f!3d by the water management design of the P.J:9Ject which ut/lizes vegetated
a!!1~ll for water management. As a_.~sult. the cumulative imp.l~cts of run-off are
reduced and water qualitlt. trea,tlJ}pnt Is improved.
T,h/{l.R!9.lect development is planned to ~ro~t the functionlnQ of natural draina~
features a(ld natural Qroundwater aquifer rechame areas as described in
Q!}jectlve 1.5 of the Drainage Sub-Element of the Public Fa"cllitles Element,
The eWect sh~!1 be In comeliance with Objective 3.1 of the Con~flrvatlon and
Coastal Management Element of the Growth Manallement Plan.
Application For Public Hearing For PUD Rezone 1/22107
._.-,,-,,~'-~^
-~-,--,..-
Agenda Item No. 17B
January 12, 2010
Page 36 of 73
4. The internal and external compatibility of proposed uses, which conditions may include
restridlons on location of improvements, restrictions on design, and buHerlng and screening
requirements.
Response: The et:S1Posed PUD compIles wIth the buffering reoulrements for Neighborhood
Centers set forth In the Go{tjen Gilts Area Master I>lan. Thfl.l1f:Rposed PUD also
complies wIth th.~ bufferIng ~_qulrements of the Collier Coun(v Land
Development Code. The ~osed uses, setbeck lJMIulrements and maxlmul1!
bullJ!lP.S height are consistent with existing and gotenfitY adjacent land uses.
5. The adequacy 01 usable open space areas in existence and as proposed to serve the development.
Response: The subject properlv Is currentlv undevelop'~d. The p.I9posed i2Wect will meet
or exceed the ~gulred open spJlce for a ,commerclal,~UD.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Response: The p.!J1iect will comelY with the County Adequate f'.ubllc Facilities orrflnance
where applicable. The site will be served b.v well and septic.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Response: Ror,1lJ. for expansion Is_not a consldfjratlon as the.f2!!lPOlifld PUD will fUllv utilize
the subject f1!!2Jle!Jy. FI!.~ure conditional uses may ultlma~v be authorized on
!!Sfiacent e!!Y'ertlfll! II] accordance with th, GMP. GGAMP and LDC.
8.
Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modificatloris of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
-
Response: The e!!Y'osed PUD compile:; with all appllcablll regulations set forth In the
Collier County Land Development Code for a commercial developmeqt. No
devlatlons.!rom the f-PP are requ~ted.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities hove' adopted such restrictions. You may wish to contact the civic or property,owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
previous land use Jllllitionl on the subject llli!perty; To your knowledge, has a public hearing been held
on this property within the last year? 0 Yes [8J No
If so, what was the nature of that hearing?
Application For Public Hearing For pun Rezone] /22/07
-
--
-
Agenda Item No. 178
January 12, 2010
Page 37 of 73
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made and
the application Is assigned a petition processing number. The application will be considered "closed"
when the petitioner withdraws the application through written notice or ceases to sUJ2l2.ly nec~sQry
information to cOlJtinue proClmmg...Qr otherwf~e act~pur~ull th.e rezonln,gJQr a-Pllr.!od of six @
months. An application deemed "closed" will not receive further processing and an application
"closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the proiect will be subject to the then current code.
(LDe Section 1 O.03.05.Q.)
Application For Public Hearing For POO Rezone 1/22/07
- '-._---".,.._-
~._--".._-,,_._._----- ,--
Agenda Item No. 178
January 12, 2010
Page 38 of 73
STATEMENT OF UTILITY PROVISIONS
, FOR PUD REZONE REQUEST
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NAME OF APPLlCANT(S): ShoelfoP ProReI1les. LLC.
ADDRESS: 840 Jung f30ulevard West
CITY: Naples STATE: FL
TELEPHONE #: (239) 455-5541 CELL #
E-MAIL ADDRESS:
ZIP:
FAX#,
34120
( 239 ) 455-7365
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
No street address.
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SectionfTownship/Range: 13/48S/25E
Lot:
Plat Book 5
Block:
Subdivision:
Page #:
13& 14
Property I.D.#, 00151240007 & 00150680008
Metes & Bounds Description:
- TRACT 128. GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5. PAGES 13 AND 11-
OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA
THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y
238.800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVA TlONS
OF RECORD. .
I ,... . TYPE OF SEWAGE DISPOSAL" TO BE PROYIDED
(Check applicable system):
.
.
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COUNTY UTILITY SYSTEM
a. CITY UTIlITY SYSTEM
b . FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d'. PACKAGE TREATMENT PLANT
(GPD capacity)
e. SEPTIC SYSTEM
o
o
o
o
[gJ
Application For Public Hearing For PUD Rezone J/22/07
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a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
o
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o
181
TQTAI. POPULATION TO BE SERVED,
N/A
PEAk AND AVERA~EbAIi.:YDEMANDSj
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A. WATER-PEAK: 5.160 GPO
B. SEWER-PEAK: 5.160 GPO
AVERAGE DAilY:
AVERAGE DAilY:
1,290 GPO
1.290 GPO
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A
NARRAi'I'v"E"SfATENlENTi Provide a brief and concise narrative statement and schematic
....'-,.,..,--.- .. ... ....., ,',' ""',...'-
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
.
engmeer.
RESPONSE: The sewa9!!..produced on-site shall be tre.,tfld thrl?l!gh a Rrlvate
~tlc field system,
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<:OlLIE!lCO!,JNTYI./TO!ITV'DEi)ICATIONSTATi:MENTi If the profect is located within the
,,- , . .-
services boundaries of Collier County's utility service system, written notarized statement shall
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the profect area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building'
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
RESPONSE: NIA.
STA'rEMENToF AVAILA$ILlTY CAPACITY FRONl-OTHERPROVIDERS, 'Unless waived or
' '.. '''','' '''_',' '. --d." ,.... .........,... '. ....; " ", _ .."." ,. ."
otherwise provided for at the pre-application meeting, if the profect is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
-
RESPONSE: N/A.
Application For Public Hearing For PUD Rezone 1/22/07
,
~
From:Davidson Engineering
239 597 5195
02/14/2OD7 18: 19 Age~p\ IlO2I1i1ti1
January 12, 2010
Page 40 of 73
.
. .'
.' '. '. .".<l> ~tr of- <;l..VL~/lLc
We/l, I 5 /I being flrst duly sworn, depose and say that well amlare the owners of ,t/:::[., LLC.
the property de~fbed herein and which Is the subJect matter of the proposed hearing, that all the
answers to the' questIons In this application; including the disclosure of Interest Infarmotion, .011 sketches,
data, and other supplementary matter ottached to and mode a port of thls appllcqtlon, are honest
and true to the best of our knowledge and belief. We/' understand that the infarmatlan req....Sfed on
thl. applicatlOl1 must be complete and accurate and that the cantent of this fol'll'l. whether computer
g""erOted or. County prlnted' shall not be altered. Public hearings will not be advertised until this .
application i. deemed complete, and all required infarmatlon has been submitted.
.
As property owner Well further authorize rim Hancock:. Alep to act a. our/my representative in
any mCrtiers regordlng this Petition.
SlgnaMe of Property Owner
Signature of Property Owner
. .
Typed or Printed Name of Owner
-
-
.
The foregoing lns1Tument \Va. ac:knowledged !:>&fore me thl. .I f -: day of Fe t...,;:;;, ,
. 2007, by ~ . I ~(.,..>.. U <.r. who is personally known to me or has produce
-
as identification.
State of Florida
County of Collier
/"
-
(519 re of Natary Public - State af
Florida)
. NOlp.~.y J'lIHUC.gl~m OF FLORIDA
'l,:r'.it Ci"3ig D.llJume
~; fli'd ' , 'ion #00415758
(Print, Type, or Stamp Comnf . U;;dxpircs: MAY 22, 2009
Name of Notary Public) Bonded Thrn AUnDue Bonding Co., 10"
.
Applio&tian For Public Hearing For PUn R...... 1122107
'~-.
.
-
-
,",.'-
From:Davidson Engineering
239 597 6195
02/14/2007 16: 20 AgenllaB81tP.IflD3JiiliS
January 12, 2010
Page 41 of 73
COVENANT OF UNIFIED CONTROL
.
The UDdmsigned do hIlreby _ or ~ that 'We are 1l!o fee simple titleboldeB and 0_ ofrecord ofproperty
wmmoDlykuownaa <>1,,, Jd LJI>i41..<jl)()/y>c> I .
"
(8_ ~ and City, StDIe and ZIp Code)
and lega!Jy described In Exlu'bit A allDched bCreto.
..
The property described henoin is the subjjt; of ait appIi~ f~r ~t::::fCi#, planned unit develDplllOllt (CPUD)
~ WebcrebydeslgDalll {1M '(J:1)rT:C~ . f/j)j(ji) . .' : Iogalrepresentalivethereof, as the legal
repreoen1a1iws of UIe property and as such, these iDdlviduals are auIh...;....! 10 legally bind all own... uf the property In
UIe C01I1'SO of soc:kiD& the __s!llUy approvals to develop. Thls authorio/ includas, but is not IlmiIl:d to.1Ire hiring and
au1horizallcin of ogcntB to assist in !be preparation of applklatkm&, plamo, mrveyo, and studies neces...'Y 10 obtain ..."';"g
approVlll on the si,te. . These representatives will ~ the only entity 11) llI1IborIze development activity on 1he property
until such lime as a new or am...ded COVllllllllt of.unified conttol is delivered to Collier County.
.
-
.
The 1lIl.llemigned recogni~ the fullowing and will be guided accordingly in the pursuit of
development of the project: .
1. The propeny wi1I be developed and used in conformity with the approved mastet plan inchnlll1i all cCllldi1i<ms placed .
on 1he developo,,-"l and. all CO.....,.tm_ IIf!Rlld to by the applicant In conoectlon with the pl.'.had unit development
.
ICZOIIlIIg.
2. The legal represeotelive ideutlfied herelD is respl>IlIIible illr compliance with all terms, cODditioDl, safeguards, and
stipulatioDa made at !be lime of approval of the master plan, """" If the prope'o/ is oubscqllllDl:ly sold In whole or in
part, unless and unitl a new or BmOllded oo".,..ont ofnnilied contlul is delivered to and recorded by CoIIIcr County.
3. . A departure lmm the provislOllS of the approved piaDs or a lidIurc to comply with any requlremeul&, conditions, or
safilguards provided ti:>r in !be pl.~ad unit developmeut pro<:eS& will coDSti1u1e a violation of1ln> Land Develllpment
Codl'. . . .
4. All Ierms and conditions of UIe planned unit developn...nt approval will be incorpomted Into 00""""_ and
restrictions which run with the land So ..to provide notice to subsequent owners that all dcv<:mpnleJ1t activ/tr witbin
the plRnned unit development nmst be consistent with thOle te._ and conditions, .
s. .so long .. 1bis coveoant is in furce, Collier County can, upon UIe discovety of noncompliAnce with 1he 'NmO,
safegwuda, and conditiollS of lIIll pl""""oi unit development, seck cqollllble mlief as neoea!llUy 10 compel C01IlpH._.
The County wtll not issue permita, cetIificatl:s, or li....... to occupy or use any part of1ln> plll11lled unit ~ent .
and lIIll County may stop DDBO' cODStnwtion activity unUlthe prQjoct is brougbt into oompIiance with all tc.......
<!& lenncd lIIlit develoPment.
"
A,:tel \c h 0 e{(e /' Vl.6-I'(
. Printed Name . I
Owner
I'rintod NIIDlJl
STATE OF FLORIDA)
COUNTY OF COLLIER)
. Sworn to (or a1llrmed) and subscribed before me Ibis /)" day of h t '---7 . 200.7 by
M(c~./ ~(." aU' who is petBOnaIlyknownto me or haB produced
.
as idCl!lffication.
~
No .
AppIi=tion For Publio RP.APi,..For PUD R~e Ih:2/fJ7
(Name typed, printed or stamped)
(Serial Number, ifany) NOTf,l\Y PU1JLlC.STATE Of FLORIDA
"':fl, ,,):,i i2rf.l3.g Dr Blume
At~h Counuis,ion # DD41S7S8
~.~I' Expires: MAY 22, 2009
~,q~tll;t.d TWU AflllrHie ntl8.d..tH.g CC)'I 14'"
I
I
__ ,_.w,."_,,~____,__ ",~._~.___..,~..,...~...., _'" "u
pUD AMENE>~ENT (~UPA) .
pUDRE:z9NE (PUD2:)..
PUll 10 pUD REZONE (pUDZ-A)
APpLlc:ATIQ,N
SUBMITTAL CHECKLIST
Agenda Item No. 178
Pagel 42 of 7
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS
v.s~ ..ji..;i..'tD" -":'&"R'.dO" ',' iDE" '-Q' ,. '"I'R"-'E'.'.'E- ..'i;rJt',(>:,,_~;,,_'~-.~;~l.';'.'.,i: ::;>':'.:.~;":''':' ~'.'!:''''.' .':' :..,..:,., ,";i':,;;.!>,<'_' '!. '.-;~,.,,:,; -"><:""-;;;'::.'\'";"\':;:\~'~!"'~'I.:',,,, 'J"-;_".!,-"i;,,,,--_:.::~~:;:i
~(.:I:~.)III .,:'" ''.lA, .' ", , ""." ,m .nt''''::~':::,',~~;f.J~':~;'''lifr%;.,J}~!~;~:7~'t' _';'~~',: ;'~t::f";;:\;d:';::,~:;:: '~;!';\~':~:'k';'j,~~~@\:,.1;~\::,:;;\,.;;~~~;;:ir~";i!l~;l;!~~t':
I Addilional .el if localed In lhe Bay.hore/Galeway Triangle
Redevelopment Area)
C~es of detailed description of why amendment Is necessary
Compleled Application with II.. of Permitted Uses; Development Standards Table; List
of proposed deviations from the lDC (if any); List of Developer Commitments
(download a licalion from website for current form)
Pre.~lcatlon meetlno notes
ruo Con~al Master Plan 24" x 36" and One 8 Y2'~ x 11" co~
Revised PUD Conce tual Master Plan 24" x 36"and One 8 y," x 11" copy
Original PUD document/ordinance and Moster Plan 24" x 36" - ONLY IF AMENDING
THE PUD
Revised PUD ~icatlon with c:ha~es crossed thru & underlined
Revised PUD a /icatlon w amended Title oage w lord #'" lDC lO.02.13.A.2
;:,..,'~i-'-~'-:rI'.~i~~:;;::"-7f' ~i~'~t~;EI'J"""d':ft':"~';'~'''''' :i' :"~;\'m;"C": iiiJ";-".i::,r-:::l'J,,~:; ,v.~,~".',:. /,~; ,', c':" ':.:,' i';'i,'~':'/); i".,t':;;i.iF'!"<'l"i,,"I,-,,':'~,;:,:,>:L,'" __ ,r,,'~::;'~~:;;'.~ ~~,:"';':" ~
,_:'~,: '. oftl. ',;0 ','Ioe ',T,fjIi DWln":~cl-\"~':": ,:!:,:;~',:":,,,:o ~;;) ,",." ',:~ "\:'~1,r; '.~ ;,:;::-'/,/:__,c,::,::r :."',."^,'_',~i~"';-f:":';~~'~'C,.'l~<"..:,\,,:,-'oi:'::"',,'1: 'r: i:"~>:' ~,
.:; :;.'j"" '--':'~ ":1.">;;":").",.,:"~,I"",,,-,,,,,,,,~-,,~,:,~'i''"" ,Il\l!",,: ":';"':'..,~::,<-",,":-: ,,:' ,(,;,'- ,.,"'; ~(r' ",'6:," I ""C,',' " ';~-': ".':.____.,,--,~'. ,:, i,:~' "',:..',':':(:'r!;~',,,,;,~,,,,,, -<:,,.;.:.,~,,~ ;:,;:":t,:\"N,"':",'..t<'_::!.~,,
Deeds/legal's & Survey (If boundary of original PUD Is amended)
list identifying Owner & all parties of corporation
Owner/Affidavit signed & notarized
Covenant of Unified Control
Completed Addressing checkl~t
"-.,,,,...,~ '-'''-''''~''''''''^ ,n.,,'_'"'' '. "".'-'''_','.,c",~'. "'"'.' '<, " ,"-,.'," ...".,__' "',,,;,,,, _.. ,"' ~~-b",-, _" ."' _-"""'''''''''' "... ,,", '",'"' " ",~" ,',' ....".." ',__ ''''''', _ '"., ".., .~.~,
t'oo' '''''Of' '~'h'"fO'II'''-'l''''''''''''''''' ........... ".,.. ....... ,.... "." "",' ,... . ,".,.
",-- e& e. ow.' ,.'",,"".. "''''''''''''''''-''''''/.'''~I''':'''' """''''''''''','';'' ",-,~" ,'," ,'_'......">.~. 'n'_,'"" '.'.
..: ,.' '. :'" ',; , ."""',:-,..,,~.- --~,.".' ',' ,--,,' "'." ,-...,' "'.'" ;; .-..,,',,',,;'0: ", .,,'''' ,,",,/;'.::"-:'.',,,'.- .~, ,; .",' ,., __~" ,>,',:. _.";,' "--""":;"'.'.-".:'"..,,,,,,', ,,:\'-"'" :,~_"",,,;: ,';_,
",.., -, ,.'" - .'" "', '---, ''-' " ,.- "", '" " ",',' '-'"
"";' ">:.":,..~~.;.~-,,,",,.~,~:J:. "",,','! :';",',:":,,";,,.',,;.-~ ,,,,,,--n""):i"~'~'_i-'"'' :'.'c\,~ir:~,",,:, .,)".>" .';"Jr;",',;,-" -'"-,, ',.,,-'; ::.", ""i""",.-,it;,, "-" "''-:''~''~';'.l,.'l;,.,l,.'"'(~",,,,::\..,~-,,<,,.\,,.,,',:,\x-,',,--,-'.!r,"':":;'"
Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption
~stjflcation
Historical Surveyor waiver request
Utility Provisions Statement w/sketches
Architectural rendering of proposed structures
Survey, signed & sealed
Traffic Impact Statement (TIS) or waiver
Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400'
~
Electronic copy of alf documents in Word format and plans (CDRom or Diskette)
letter of No Objection from the U.S. Postal Service
If lo.gled in RFMU IR~ral Frln,ge Mixed Us~lli""iving Land Ar~gi
Applicant must contact Mr. Gerry J. Lacavera, State of Florida
Division of Forestry @ 39-690~3500 for information regarding
"W: ir I1ltigatl Preventi Plan". lDC Section 2,03.08.A.2.a.(b)1.c.
t 7/3107
Appricant/ Agenf Signature
Dote
Application For Public Hearing For PUD Rezone 1/22107
#OF
COPIES
24
24
24
24
24
24
24
24
2
2
2
2
2
4
4
4
4
4
7
s
1
1
REQUIRED
X
X
X
X
X
X
X
X
X
X
X
X
X
X
NOT
REQUIRED
X
X
x
X
X
X
X
X
X
.-.
Agenda Item No. 17B
January 12, 2010
PUDZ-ZOO7-AR-11398 REV: 6 Page 43 of 73
FAKAHATCHEE PLAZA CPUO
Project: 2006120042
Oat.: 10/5/09 DUE: 11/2/09
Fakahatchee Plaza
Transportation Impact Statement
Prepared For
Michael Schoeller
840 Jung Boulevard West
Naples, FL 34120
,,~.-
Prepared by
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, F10rida 34105
February 2007
May 22, 2007
June 11, 2007
October 25, 2007
June 9, 2008
July 25, 2008
August 12, 2008
October 31, 2008
December, 12 2008
July 27, 2009
September 18, 2009
,.-'-'
.,,~"~.. . '"
--._~"-'
. .~.,.,.__.
__~ ,.~ m__.'____
Agenda Item No. 17B
January 12, 2010
Page 44 of 73
Exhibit 1
r~ "'~"Cl.vJt'S,."._o
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'............_.,...'..,,"__H',..
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Golden Gale Blvd E
_.____ ,.... _.....M_
.-----. -...........-,
Golden Gate Blvd E
, ,....-..- .."..,...-
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.
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General
The Proposed Pharmacy jRetail project is located at the northwest corner of Golden Gate
Boulevard and Everglades Boulevard and totals 5.46 acres. More specifically the subject
property lies within Section 5, Township 49 South, Range 28 East and is identified as Tract 178
in Unit 76, Golden Gates Estates. (See "Exhibit 1" Location Map).
Existing Conditions
The site is currently vacant without any permanent improvements on-site. The subject
property is currently zoned as E - Estates.
Proposed Improvements
For purposes of rezoning this parcel, we shall evaluate the permitted land uses, listed in the
PUD document, which will have the highest impact to the surrounding roadway network. Of the
permitted uses listed, the size of the establishment was determined through analyzing the
2
Agenda Item No. 176
January 12, 2010
Page 45 of 73
limiting factors associated with the use: required parking, septic system size and the
developable area of the site. Ultimately, the number of PM peak hour trips will be limited as
shown below.
..
Note, Fast food drive-through lanes are not permitted by the GMP. Fuel pumps are not pennitted
due to proximity issues with the well water. Establishments are not pennitted to be open 24 hours a
day by the PUD document.
Trip Generation
Trip generation rates are per the Institute of Transportation Engineers publication, Trip
Generation Eighth Edition.
Limitation on the Maximum Number of Allowable Trips Created by this development: Table 1
Table 1. Trip Limitation ..
Calculated Traffic Entering Exiting
Daily Traffic = N/A N/A N/A
AM Peak Hour Traffic=134 67<50%) 67(50%)
PM Peak Hour Traffic=134 6,(50%) 67(50%)
Note: 1his en ex! Ilt 0% 0% lis I eneral. but It Is the most
teringf ling sP (5 /5 ) II ,
reasonable way to cJisboibute and analyze the traffic for consistency purposes. It
Is not possible to 1ImIt the dally trips at this point In time nor does It carry any
importance to do so.
The Trip Limitation above was derived using a combination of Shopping Center (LUC 820)
and Convenience Market (Open 15-16hrs) (LUC 852); seen in the following tables. Note that
this breakdown is for demonstrational purposes and the final combination of uses and
square footages may vary as long as the ultimate sum of the PM Peak Hour trips remains less
than the Trip Limitation listed above.
Table Ia. GonvenienceMarket (LUG 852)
X = 2.4 (1,000 sf Gross Floor Area)
Calculated Traffic Equation Entering Exiting
Daily Traffic = N/A T= N/A N/A N/A
AM Peak Hour Traffic=74 T = 31.02(X) 37(50%) 37(50%)
PM Peak Hour Traffic=83 T = 34.5700 41(49%) 42(51%)
hm>ly 1>0% Pass-By
AM Peak Hour Traffic=37 74*(1-50%) 19 18
PM Peak Hour Traffic=42 83*(1-50%) 21 21
Table lb. Shopping Genter (LUG 820)
X = 8.6 (1,000 sf Gross Leasable Area)
_.
Calculated Traffic Equation Entering Exiting
Daily Traffic = 1,378 Ln(T) = 0.65 Ln(X)+5.83 689(50%) 689(50%)
AM Peak Hour Traffic=36 Ln(T) = 0.59 Ln(X)+2.32 22(61%) 14(39%)
PM Peak Hour Traffic=123 Ln(T) = 0.67 Ln(X)+3.37 60(49%) 63(51%)
hm>ly 21>% Pass-By
AM Peak Hour Traffic=27 36*(1-25%) 16 11
PM Peak Hour Traffic=92 123*(1-25%) 45 47
3
,_._-
------- ._~-"-....,_..."."-,._-
" ,,,.-~_._-'-"
Agenda Item No. 178
January 12, 2010
Page 46 of 73
Total Tablelc. Tablela+Tablelb LUCB 2 & LUCB20
Calculated Traffic Entering Exiting
Daily Traffic = NjA NjA NjA
AM Peak Hour Traffic=64 35 29
PM Peak Hour Traffic=134 66 68
Note: The . dis . te showing an entering/exiting split of (50%/50%).
This split is general, but it is the most reasonable way to distribute and analyze the traffic
for eonsistency purposes. The actual enter/exit percentages will vary on the actual
proposed development, which will be handled at the time ofSDP application.
1st Link Distribution
"",,,,-,.,
hIM.p,.l... ReI
OIIW.URd
- -
I
-
-
--
-
--
95
--
-
.......
30%
15%
...
-
25%
-
-
.
--
-
4
Agenda Item No. 17B
January 12, 2010
Page 47 of 73
,..
AM Peak Hour Distribution
4TH AV NE
"U
>
-
CD
en
Q,)
"U
-
0)
...
Q,)
>
UJ
.~."
U~TURN AVAILAI3LE 950'
TO THI' WE lIT WITH
GCllDEN GATE BLVD.
IMPROVI'MI'NT
2ND AV NE
RIGHT,IN
Golden Gate Blvd
......10
10'"
1~ t
~ 17
BLACK' I'NTERlNG MOVI'MI'NTS
GRAY. EXITING MOvEMI'I~TS
2ND AV ~E
-
5
______n__>
, ,~
_.._...~
.
Agenda Item No. 17B
January 12, 2010
Page 48 of 73
PM Peak Hour Distribution
-0
>
-
CD
4TH AV NE
-
~
Q)
>
W
..... 20
20
ur
2ND AV NE
U-TURN AVAILABLE 950'
TO THE WEST WITH
GOLDEN GATE BLVD.
IMPROVEMENTS
RIGHT-IN
Golden Gate Blvd
.,0
101IlI(loo.
',7 t
t17
BLACK. ENTERING MOVEMENTS
GRAY < EXI:r1NG ~10VEMENTS
6
..~.,
Agenda Item No. 176
January 12, 2010
Page 49 of 73
Site Access and Build-out
The site will have access from both Everglades Blvd. and Golden Gate Blvd. Both of the access
points will only offer right turns in. The site can only be exited via a right turn onto Golden Gate
Blvd.
Golden Gate Blvd.
The proposed rlght-in/right-out along Golden Gate Blvd. meets criteria set forth in the
Collier County Access Management Policy, Resolution No. 01-247. Table 2 of Section
3.09.04 defines the design standards for corner clearances for isolated corner properties
(230'). The proposed entrance is shown 291' from the intersection, which is greater than
the minimum distance shown in Table 2. The driveway has been pushed as far west as
possible. The turn lane shown on the plans is all that is possible due to the constraints of
an isolated comer property.
Everglades Blvd.
The proposed right-in along Everglades Blvd. is required to be a distance of 75' from the
intersection in this scenario. The entrance will be via the westernmost of the dual right
southbound turn lanes on Everglades Blvd, proposed by Stanley Consultants as part of the
Golden Gate Blvd. improvement project.
The proposed year of build out is 2012.
Traffic Impact Consistency Analysis
Table 4. Impacted Segments-First Link
ID# Segment Service BT TB PT RC LOS
Volume w/PT
123 Golden Gate Blvd. 1,010 1,162 5 20 -177 F
Wilson to E. of Ever lades
124 Golden Gate Blvd. 1,162* N/A F*
E. of Ever des to DeSoto 1,010 0 10
135 Everglades 900 330 7 20 543 C
Golden Gate Blvd. to Oil Well
134 Everglades 900 336 0 17 547 C
1- to Golden Gate Blvd.
. BT= Background Traffic (Existing)
. TB= Trip Bank
. RC= Remaining Capacity
. PT= Project Trips
. LOS= Level of Service
.._.
_..
"These numbers are in the ADIR, but have not been measured. They have been projected based on the
adjacent link.
Percent Impact
Table 5. % Impact to Concurrency Links
Segment ID# 123 135 134
%Impact 20/1,010 = 1.98% 20/900 = 2.22% 17/900 = 1.89%
All of these impacts are less than 2% impact, except the impact to link #135. Therefore, we must
analyze the second/next impacted segment to be consistent with the GMP and TIS guidelines.
7
_......_~-- -
1 _"......_....'
Agenda Item No. 17B
January 12, 2010
Page 50 of 73
2nd Link Distribution
-.. -"'..
-.". ...,.....
..,......"e -~.'!I
~
fi5
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L~O% I! ..
"0
-
- 1 I
.>>"",M
20%
- 011 Well
.. ~ -~ _'M. ~
40% 1tI'r...... f'
Traffic to/from t" Link (Link #136) '"
liT ~
1Il'W....oa: _'JIll!
-.. ..........
-- ~....,
2nd Link AM Peak Hour Distribution
-.. -..
....-.... .........IIl.
.........., -..
~
40% lD
8 Entering .. 20%
"0
8 Exiting .. 4 Entering
- 4 Exiting
.. .
Oil We
.. . -.. UllI.v1ll' 5l
ill
40% ~m'.~. f'
8 Eutering 1+ '"
Traffic to/from I" Link (Link #136) ~
c
8 Exiting 20 Entering
,
~ 20 Exiting
2>'fi"'~ III .-.......
-- --
8
.-
-..,
Agenda Item No. 17B
January 12, 2010
Page 51 of 73
2nd Link PM Peak Hour Distribution
-"'.
-..
-..
...""vle
-.
'""W.
40%
8 Entering
8 Exiting
20%
4 Eutering
4 Exiting
<II ~
.. ~
5\
111
12
V>
~
-..
....
40%
8 Entering
8 Exiting
..nJl''''.
Traffic to/from I" Link (Link #136)
20 Entering
20 Exiting
....
..-.
--
~I\'"
Table 6. Impacted SegmentS-2nd Link
ID# Segment Service BT TB PT RC LOS
Volume wjPT
119 Oil Well Road 1,010 525 139 8 338 C
Immokalee Rd. to Ever lades Blvd.
120 Oil Well Road 1,010 337 0 4 669 C
Ever lades Blvd. to DeSoto
136 Everglades Blvd. 900 389 12 8 491 C
Oil Well Rd. to Immokalee Rd.
. BT= Background Traffic (Existing)
. TB= Trip Bank
. RC= Remaining Capacity
. PT= Project Trips
. LOS= Level of Service
-,'-'-
"These numbers are in the AUIR, but are a fabrication, because they have not been accurately recorded.
Percent Impact
Table 7. % Impact to Concurrency - 2nd Links
Segment ID# 119 120 136
%Impact 8/1,010 = 0.79% 4/1,010 = 0.40% 8/900 = 0.79%
All of these impacts are less than 2% impact. Therefore, no further consistency analysis is
required to be consistent with the GMP and TIS guidelines.
.
9
"._-~- ~ . --- '
Agenda Item No. 178
January 12, 2010
Page 52 of 73
Historical Growth Rate
Table 6. 5 - Year Historical Growth Rate
2004
2005
2006
2007
5-yr
Avg.
Hist.
2008 Growth
Collier Coun AUIR Se ent AUIR AUIR AUIR AUIR AUIR Rate
Golden Gate Blvd. 740 920 1.330 1,320 1,162 14.04%
Wilson to E. of Ever lades
Everglades ** 370 520 480 330 0.53%
Golden Gate Blvd. to Oil Well
Everglades " 300 330 420 336 3.79%
1-71; to Golden Gate Blvd.
Oil Well Road 330 480 550 550 525 13.87%
Immokalee Rd. to Ever lades Blvd.
Oil Well Road 330 320 350 410 337 1.42%
Ever lades Blvd. to DeSoto
Everglades Blvd. .. 290 430 460 389 13.27%
Oil Well Rd. to Immokalee Rd.
'Note: 5-Yr Avg. historic growth rate calculated using Collier County 2004-2008 AUIR. There is na accurately
recorded data fm' the roadway segment of Golden gate Blvd. from Everglades to DeSoto, so there is no reason to
calculate a historical growth rate.
'k*There was no data available for this roadway segment in 2004.
Table 7. 2014 Horizon Background Traffic (5 Year Horizon)
Peak Direction/Hour 2008 AUIR
5-yr Avg. 2008 2012 +
Hist. AUIR 2009 2010 2011 (Project
Collier County AUIR Segment Growth Trips 2013 2014
Total
Rate Included)
Golden Gate Blvd. 14.04% 1,162 1,325 1,511 1.723 1,985(20) 2,261 2,576
Wilson to E. of Ever lades
Everglades 2.00%' 330 337 343 350 377(20) 384 392
Golden Gate Blvd. to Oil Well
Everglades 3.79% 336 349 362 376 407{ 17) 422 437
1- to Golden Gate Blvd.
Oil Well Road 3.35%" 525 543 561 579 607(8) 627 649
lmmokalee Rd. to Ever lades Blvd,
Oil Well Road 2.00%' 344 351 358 365 376(4) 384 348
EverJrlades Blvd. to DeSoto ,
Everglades Blvd. 13.27% 389 441 499 565 647(8) 733 830
Oil Well Rd. to Immokalee Rd,
*Note: These growth rates were under 2%. so the standard minimum growth rate of 2% was applied.
~Note: This is the 4.year average historical growth rate, see explanation below.
Golden Gate Blvd, from Wilson Blvd. to East of Everglades Blvd, is currently failing. However,
Collier County Transportation is designing the expansion of the roads to 4 lanes from Wilson
Blvd. to De Soto Blvd. The 90% plans were received in July 2008. The construction is
tentatively scheduled to start in 2013. These improvements will greatly increase the capacity of
10
""
Agenda Item No. 178
January 12, 2010
Page 53 of 73
the roadway and alleviate the congestion. All other segments will still function at an acceptable
LOS within the 5 year window with the addition of our projects traffic. The one exception to this
is Oil Well Road (from Immokalee Rd. to Everglades Blvd.), which is showing a5-year historical
growth rate of 13.87%-which would incline the roadway segment to fail by 2014. This growth
rate is not indicative of the current traffic trend of the last four years. The background traffic
from 2004 is an outlier which will be displaced by the 2009 background traffic, when
calculating a more current & relevant 5-year historical background traffic. The latest 4-year
average historical growth rate for this roadway segment is 3.35%. This is a much better
representation of the growth rate on this roadway segment and was used to project the
background traffic growth out to 2014.
Turn Lane Analysis
Golden Gate Blvd
Due to the fact that Golden Gate Blvd is being expanded to a four lane divided road, a right turn
lane from Golden Gate Blvd will be necessary. The future design speed on GGB will be 45 mph.
A right turn lane 185' in total length is required with no additional storage queue required since
there is no stop condition. Due to the fact that this site is an isolated corner property, the right
turn lane along Golden Gate Blvd will be accomplished by extending the three-lane, westbound
section of GGB leaving the intersection about 130'. This will provide the entrance with a
sufficient right turn lane.
,,~--
Everglades Blvd
Due to the fact that Golden Gate Blvd is being expanded to a four lane divided road,
improvements will be made to the intersection with Everglades Blvd. The section of
Everglades Blvd in front of the project site will be improved and divided so a right turn
lane from Everglades Blvd will be necessary. The future design speed on Everglades Blvd
will be 45 mph. A 18S' right turn lane is required by FDOT with no additional storage
queue required since there is no stop condition. The county has plans to add dual right,
southbound turn lanes in front of this project site along Everglades Blvd. After discussion
with Collier County, it has been decided that the right turn lane for the project site will be
shared with Collier County's dual right turn lanes. The required 18S' of turn lane can be
achieved utilizing the dual right turn lanes already designed by Stanley Consultants.
Both proposed access points have been shown to Stanley Consultants and they have no problem
with the proposed access on Golden Gate Blvd. They had suggested to Davidson Engineering to
eliminate the dual right turn lane extension on Everglades BLVD., as it is not necessary
according to the Collier County Access Management Policy.
Both of these turn lane/access points can be seen on the attached Master Plan.
Conclusion
Golden Gate Boulevard is currently failing. The proposed project will have an impact to all
roadway segments involved consistent with the GMP. The expansion of Golden Gate Blvd will
help to ease traffic on the rest of these smaller roadways because the newly expanded roadway
will be more attractive to drivers. Additionally, the growth rates used to calculate the future
LOS for Everglades Blvd. were quite high. These rates have already begun to plateau and some
have begun to fall as well. This project did not meet consistency requirements on one of the first
"- roadway links, so the second roadway link was also analyzed, meeting the consistency
requirements. Therefore, this project will have a nominal impact on the roadway system.
II
.--.-,..
"___.___"'__'._C_.=_ .~. _. ._.___,.,_",_
.
Naples Daily News. Sunday, December 27, 2009 . 21D
Agenda Item No. 178
January 12, 2010
Page 54 of 73
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.
.
NOTICE OF INTENT TO CONSIDER OROINANCE
Notice is hereby given that on TUESDAY, JANUARY 12. 2010. in the Board~
room, 3rd Floor. Administration BuildIng! Collier County Government Cen-
ter. 330). East Tamiami Trail. Naples. FlorIda, the Board of County Commls- ,
sloners will consider the enactment of a County Ordinance. The meeting
will commence at 9:00 ,A.M.' The title .of the proposed Ordinance Is as fol-'
lows: 'C
AN ORDINANCE OF THE BOARO OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA. AMENOING OROINANCE NUMBER 2004.41, AS AMENOEO,
THE COLLIER COUNTY LANO OEVELOPMENT COOE WHICH INCLUDES THE
COMPREHENSIVE 20NING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIOA. BY AMENDING THE APPROPRIATE ZONING..'
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE ,.'
HEREIN OESCRIBEO REAL PROPERTY FROM AN ESTATES (E) ZONING .015..
TRICT TO A COMMERCIAL PLANNED UNIT OEVELOPMENT (CPUO) ZONING'
DISTRICT TO BE KNOWN AS THE FAKAHATCHEE PLAZA CPUO. THE PROPER.
TY IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE BOULEVARD
(CR 876) ANO EVERGLAOES BOULEVARD, IN SECTION 6. TOWNSHIP 49
SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 5.46+/.
ACRES; ANO BY PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by
Timothy Hancock, Ale?, of Davidson Engineering, Inc., is requesting a re-
zone from the Estates (E) Zoning District to the Commercial Planned Unit
Development (CPUD) Zoning District for a 25,000 square-foot commercial
retail and, office development to be known as Fakahatchee Plaza CPUD.
The S.4G-acre subject property is located at the northwest comer of the
Golden Gate BOulevard (CR 876) and Everglades Boulevard intersection in
Section 6, Township 49 South, Range 28 East, Collier County, Florida:. ,-
Copies of the proposed Ordinance are on file with the Clerk to the Board
and are available for inspection. All interested parties are invited to, at-
tend and be heard. '
NOTE; All persons wishing to speak on any apenda item must, register,
with the County administrator prior to presentation of the agenda Item to
be addressed. Individual speakers will be limited to 5 minutes on any -
item. The selection of an individual to speak on behalf of an organization -
or group is encouraged. If recognized. by the Chair,man, a spokesperson,
for a group or organization may be allotted 10 minutes to speak on an
item. .
,
Persons wishing to have written or graphic materials included In the Board
agenda packets must submit said material a minimum of 3 weeks prior to
the respective public hearing. In any case, written materials intended to
be considered by the Board shall be submitted to the appropriate Count~
staff a minimum of seven days prior to the public hearing. All material
used- In presentations before the Board will' become a permanent part of
the record. '
Any person who decides to ai!peal a decision of the Board will need a re-
cord of the proceedings pertaming thereto and therefore, ma)! need to en-
sure that a verbatim record of the proceedings Is made, wh,ch- record in~
eludes the testimony and evidence upon which the appeal is based. '
If you are a person with a disability who .needs any accommodation in or-
der to participate in this proceeding, you are entitled, at no cost to you, to
the provision of certain assistance. Please contact the Collier County Fa-
cilities Management Department, located at 3301 Tamiami Trail East, Build-
ing W, Naples, Florida 34112, (239}252.8380. Assisted listening devices ,for
the he",ring impaired are available In the county Commissioners' Office.
SOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIOA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CL:ERK
By: Teresa Polaski, Deputy Clerk
(SEAL) ~
..December 27. 2009
I
t/llWlllWi.
. .,
., "
Agenda Item No. 176
January 12, 2010
Page 55 of 73
--
ORDINANCE NO. lO-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO BE KNOWN AS THE
FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS
LOCATED AT THE NORTHWEST CORNER OF
GOLDEN GATE BOULEVARD (CR 876) AND
EVERGLADES BOULEVARD, IN SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
.-
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop
Properties, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 6,
Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be
known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached
d~'
Fakahatchee Plaza CPUD, AR-11398
Rev. ]2/21/09
Page lof2
---,._."_._._--,~.-
.___. ,_. __."_'~'e_," ...~~
Agenda Item No. 176
January 12, 2010
Page 56 of 73
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
12.1-1.0'\
$0(',",
Exhibit A - Permitted Uses
Exhibit B - Commercial Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
CPI07 -CPS-00634\62
Fakahatchee Plaza CPUD, AR-11398
Rev. 12/21/09
Page 2 of2
Agenda Item No, 17B
January 12, 2010
Page 57 of 73
_.
EXHIBIT A
PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
PRINCIPAL USES:
1. Accident and Health Insurance (Group 6321).
2. Accounting, auditing and bookkeeping services (Group 8721).
3. Adjustment and Collection Services (Group 7322).
4. Administration of Educational Programs (Group 9411).
5. Administration of General Economic Programs (Group 9611).
6. Administration of Housing Programs (Group 9531).
7. Administration of Public Health Programs (Group 9431).
8.
Administration of Social, Human Resource and Income Maintenance
Programs (Group 9441).
-p"'"
9. Administration of Urban Planning and Conununity and Rural
Development (Group 9532).
10. Administration of Veterans' Affairs, Except Health and Insurance (Group
9451).
11. Advertising Agencies (Group 7311).
12. Air and Water Resource and Solid Waste Management (Group 9511).
13. Architectural Services (Group 8712).
14. Auto and home supply stores (Group 5531).
15. Automotive services (Group 7549), except any wrecker (towing) service.
16. Barber shops (Group 7241), except barber schools.
17. Beauty shops (Group 7231), except beauty schools.
,-~',.
18.
Book Stores (Group 5942).
1
Fakahatchee Plaza CPUD
Revised: December 29. 2009
--.__.~,_._--
-.---.+"
- - '.-..-" ._-~---_. -.
Agenda Item No. 178
January 12, 2010
Page 58 of 73
19. Business Associations (Group 8611).
20. Business Consulting Services (Group 8748),
21. Business Services, Not Elsewhere Classified (Group 7389), except
auctioneering services, automobile recovery services, automobile
repossession services, batik work (hand-printing on textiles), bottle
exchanges, bronzing, cloth cuttinglbolting or winding, contractors'
disbursement control, assembling and packaging of cosmetic kits, cotton
inspection service, cotton sampler service, telephone directories'
distribution, drive-away automobile service, exhibit building, filling
(aerosol) pressure containers, field warehousing, fire extinguisher service,
float decoration, folding and refolding service, gas system conversion,
bottle or can labeling, merchandise liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline and power-line inspection service, press clipping service,
recording studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery service, sponging textiles, swimming pool cleaning and
maintenance, tape slitting, textile designers, textile folding, tobacco
sheeting service, window trimming service, and yacht brokers.
22. Camera and Photographic Supply Stores (Group 5946).
23. Candy, Nut, and Confectionery Stores (Group 5441).
24. Child day care services (Group 8351).
25. Children's and Infants' Wear Stores (Group 5641).
26. Civic, Social, and Fraternal Associations (Group 8641).
27. Coin-Operated Laundries and Dry-cleaning (Group 7215).
28. Commercial Art and Graphic Design (Group 7336).
29. Commercial Photography (Group 7335)
30. Commodity Contracts Brokers and Dealers (Group 6221),
31. Computer and Computer Software Stores (Group 5734)
32. Computer Facilities Management Systems (Group 7376).
33. Computer Integrated Systems Design (Group 7373),
Fakahatchee Piaza CPUD
Revised: December 29,2009
2
Agenda Item No. 17B
January 12, 2010
Page 59 of 73
,.--
34.
Computer Maintenance and Repair (Group 7378).
35. Computer Processing and Data Preparation and Processing Services
(Group 7374).
36. Computer Programming Services (Group 7371).
37. Computer Related Services, Not Elsewhere Classified (Group 7379).
38. Computer Rental and Leasing (Group 7377).
39. Credit Reporting Services (Group 7323).
40. Dairy Products Stores (Group 5451).
41. Direct Mail Advertising Services (Group 7331).
42. Direct Selling Establishments (Group 5963).
43. Drapery, Curtain, And Upholstery Stores (Group 5714).
44. Drug Stores and Proprietary Stores (Group 5912).
--"
45.
Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial
dry cleaning only.
46. Eating places (Group 5812 only) with 6,000 square feet or less in gross
floor area in the principal structure (All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to locational requirements of the Land Development Code).
47. Electrical and Electronic Repair Shops (Group 7629).
48. Employment Agencies (Group 7361).
49. Engineering Services (Group 8711).
50. Executive and Legislative Offices Combined (Group 9131).
51. Executive Offices (Group 9111).
52. Family Clothing Stores (Group 5651).
53. Federal and Federally-Sponsored Credit Agencies (Group 6111).
--
54.
Fire, Marine, and Casualty Insurance (Group 6331).
3
Fakahatchee Plaza CPUD
Revised: December 29, 2009
-,--......,.-.-- '. ,--~".._, -"--"-
Agenda Item No. 176
January 12, 2010
Page 60 of 73
55. Floor Covering Stores (Group 5713).
56. Florists (Group 5992), not to exceed 5,000 square feet.
57. Fruit and Vegetable Markets (Group 5431).
58. Furniture Stores (Group 5712).
59. Garment Pressing, and Agents for Laundries and Dryc1eaners (Group
7212).
60. General Government (Group 9199).
61. General merchandise stores (Group 5399).
62. Gift, Novelty, and Souvenir Shops (Group 5947).
63. Grocery Stores (Group 5411), Convenience Markets will only be
permitted to operate at a maximum of 16 hours per day subject to LUC
852 of the 1TE, Seventh Edition, Volume 3 of 3.
64. Hardware stores (Group 5251).
65. Help Supply Services (Group 7363).
66. Hobby, Toy, and Game Shops (Group 5945).
67. Home Health Care Services (Group 8082).
68. Hospital and Medical Service Plans (Group 6324).
69. Household Appliance Stores (Group 5722).
70. Individual and Family Social Services (Group 8322), elderly or
handicapped activity centers, adult day care centers, and adult and
handicapped day care centers only.
71. Infonnation Retrieval Services (Group 7375).
72. Insurance Agents, Brokers, and Service (Group 6411).
73. Insurance Carriers (Group 6399).
74. Investment Advice (Group 6282).
75. Jewelry Stores (Group 5944).
4
Fakahatchee Plaza CPUD
Revised: December 29, 2009
Agenda Item No. 178
January 12, 2010
Page 61 of 73
76. Labor Unions and Similar Labor Organizations (Group 8631).
77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512).
78. Landscape Counseling and Planning (Group 0781).
79. Legal services (Group 8111).
80. Legislative Bodies (Group 9121).
81. Life Insurance (Group 6311).
82. Loan Brokers (Group 6163).
83. Luggage and Leather Goods Stores (Group 5948).
84. Management Consulting Services (Group 8742).
85. Management Services (Group 8741).
86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group
5421).
,.~~
87.
Membership Organizations (Group 8699).
88. Men's and Boys' Clothing and Accessory Stores (Group 5611).
89. Miscellaneous Apparel and Accessory Stores (Group 5699).
90. Miscellaneous business Credit Institutions (Group 6159).
91. Miscellaneous Food Stores (Group 5499).
92. Miscellaneous Home Furnishings Stores (Group 5719).
93. Miscellaneous Personal Services (Group 7299), babysitting bureaus,
clothing rental, costume rental, dating service, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation
service, and hair removal only.
94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet
and no adult-oriented businesses.
95. Mortgage Bankers and Loan Correspondents (Group 6162).
,-'~-
96.
Musewns and art galleries (Group 8412).
5
Fakahatchee Plaza CPUD
Revised: December 29, 2009
-~--__,._'^__.,~, ... w......_.__ -
Agenda Item No. 178
January 12, 2010
Page 62 of 73
97. Musical Instrument Stores (Group 5736).
98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square
feet.
99. Offices and Clinics and Doctors of Osteopathy (Group 8031).
100. Offices and Clinics of Chiropractors (Group 8041).
101. Offices and Clinics of Dentists (Group 8021).
102. Offices and Clinics of Doctors of Medicine (Group 80 II).
103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified
(Group 8049).
104. Offices and Clinics of Optometrists (Group 8042).
105. Offices and Clinics of Podiatrists (Group 8043).
106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet.
107. Paint, glass and wallpaper stores (Group 5231).
108. Pension, Health, and Welfare Funds (Group 6371).
109, Personal Credit Institutions (Group 6141).
110. Photocopying and Duplicating Services (Group 7334).
Ill. Photofinishing Laboratories (Group 7384).
112. Photographic studios (Group 7221).
113. Physical fitness facilities (Group 7991).
114. Political Organizations (Group 8651).
115. Prepackaged Software (Group 7372).
116. Professional Membership Organizations (Group 8621).
117. Public Finance, Taxation, and Monetary Policy (Group 9311).
118. Public Order and Safety, Not Elsewhere Classified (Group 9229).
6
Fakahatchee Plaza CPUD
Revised: December 29,2009
Agenda Item No. 17B
January 12,2010
Page 63 of 73
119. Public Relations Services (Group 8743).
120. Radio, Television and Consumer Electronics Stores (Group 5731).
121. Real Estate Agents and Managers (Group 6531).
122. Record and Prerecorded Tape Stores (Group 5735).
123. Regulation and Administration of Communications, Electric, Gas, and
Other Utilities (Group 9631).
124. Regulation and Administration of Transportation Programs (Group 9621).
125. Regulation of Agricultural Marketing and Commodities (Group 9641).
126. Regulation, Licensing, and Inspection of Miscellaneous Commercial
Sectors (Group 9651).
127. Religious Organizations (Group 8661).
128. Retail Bakeries (Group 5461).
129. Retail nursenes, lawn and garden supply stores (Group 5261).
--
130. Secretarial and Court Reporting Services (Group 7338).
131. Security and Commodity Exchanges (Group 6231).
132. Security Brokers, Dealers, and Flotation Companies (Group 6211).
133. Services Allied With the Exchange of Securities or Commodities (Group
6289).
134. Sewing, Needlework, and Piece Goods Stores (Group 5949).
135. Shoe repair shops and shoeshine parlors (Group 7251).
136. Shoe Stores (Group 5661).
137. Short-Term Business Credit Institutions, Except Agricultural (Group
6153).
138. Space and Research and Technology (Group 9661).
139. Sporting Goods Stores and Bicycle Shops (Group 5941).
,-'-
7
Fakahatchee Plaza CPUD
Revised: December 29, 2009
,..- '-'.,,-,',.--.-,
--~-~.~~._. .... -
--.---.-.----..-,-,...---.-'.'-
Agenda Item No. 17B
January 12, 2010
Page 64 of 73
140. Stationery Stores (Group 5943).
141. Surety Insurance (Group 6351).
142. Surveying Services (Group 8713).
143. Tax Return Preparation Services (Group 7291).
144. Title Abstract Offices (Group 6541).
145. Title Insurance (Group 6361).
146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet.
147. Transportation services (Group 4724), travel agencies only.
148. United States Postal Service (Group 4311 except major distribution
centers).
149. Used Merchandise Stores (Group 5932).
150. Veterinary services (Groups 0742, 0752 excluding outside kenneling).
151. Videotape rental (Group 7841), limited to 1,800 square feet of gross floor
area and no adult-oriented businesses.
152. Watch, Clock, and Jewelry Repair (Group 7631).
153. Women's Accessory and Specialty Stores (Group 5632).
154. Women's Clothing Stores (Group 5621).
155. Any other principal use which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA) by the process outlined in the LDC.
CONDITIONAL USES:
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
I. Churches and places of worship.
8
Fakahatchee Plaza CPUD
Revised: December 29,2009
Agenda Item No. 17B
January 12, 2010
Page 65 of 73
M
PROHIBITED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for the following:
I. Correctional institutions (Group 9223).
2. Crematories (Group 7261) (Does not include non- crematory Funeral
Parlors).
3. Drinking places (5813) and Liquor stores (Group 5921).
4. Elementary and secondary schools (Group 8211), colleges (Group 8221),
junior colleges (Group 8222).
5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
6. Homeless shelters and soup kitchens (Group 8361).
7. Libraries (Group 8231).
8. Mail order houses (Group 5961).
-
9. Merchandising machine operators (Group 5962).
10. NEC Recreational Shooting Ranges, waterslides, etc. (Group 7999)
11. Power laundries (Group 7211).
12. Radio, TV representatives (Group 7313) and direct mail advertising
services (Group 7331).
13. Waste management (Group 9511).
14. Fast Food Restaurants with Drive Thru
15. Gas Stations
..'-
9
Fakahatchee Plaza CPUD
Revised: December 29, 2009
.,_ ____...... ~'_'_'_'__"_..o<~_,' . _,__._...~.., ... _ '"'_' _.___
Agenda Item No. 17B
January 12, 2010
Page 66 of 73
EXHIBIT B
COMMERCIAL DEVELOPMENT STANDARDS
" PRINCU'.ALUSES,(',.
10,000 square feet
MINIMUM LOT WIDTH
100 feet
Front
EXTERNAL f INTERNAL
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25 feet f 25 feet
Rear
WAf 15 feet
Side
15 feet f 7.5 feet
MIN. DISTANCE BETWEEN
STRUCTURES
The greater of 15 feet or Yz the
sum of
zoned buiJdin hei ht
zoned: I story and 35 feet
actual: I story and 47 feet
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
700 square feet
MAXIMUM BUILDING AREA
25,000 square-foot Gross Floor
Area (OF A) foot rint
GENERAL: Except as providedfor herein, all criteria setforth above shall be understood
to be in relation to individual parcel or lot boundary lines, or between structures.
1. ARCHITECTURAL
A. All buildings and projects within the PUD shall utilize a common architectural
theme. This theme shall be applicable to both building design and signage.
B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The
buildings shall have an "Old Florida" architectural style and be finished in light,
subdued colors, except for decorative trim.
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous pathway
through the Neighborhood Center is created.
D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be connected with
walkways or courtyards.
Fakahatchee Plaza CPUD
Revised: December 29, 2009
to
Agenda Item No. 176
January 12, 2010
Page 67 of 73
-
E. Drive-through establishments shall be limited to banks and drugstores, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with
the rest of the building. Any drive through facilities shall be oriented away from
the single-family homes to the north and west unless these homes are buffered by
an intervening building on the CPUD site.
F. Fences or walls may be constructed on the commercial side of the required
landscape buffer between adjacent commercial and residential uses. If
constructed, such fences or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types, and shall be of open design (not covered by slats, boards or wire).
G. A functional public open-space component shall be provided. Such public open
spaces shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 5.05.08 C.9.d.i of the Collier COlmty Land Development Code, as
in effect at the time of PUD approval.
H. All lighting facilities shall be architecturally-designed, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses.
2. BUFFERING AND ENVIRONMENTAL
.,"".,
A. A 25-foot wide landscape buffer shall be provided abutting the external right-of-
way. This buffer shall contain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
the time of planting and attaining a minimum of three feet height within one year.
A minimum of 50% of the 25-foot wide buffer area shall be comprised of a
meandering bed of shrubs and ground covers other than grass. Existing native
tress must be retained within this 25-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained, where
possible, to aid in achieving this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state, and drainage
conveyance through the buffer area shall be allowed in necessary to reach an
external outfall.
_.
B. Projects directly abutting residential property (property zoned E-Estates and
without an approved conditional use) shall provide, at a minimum, a seventy-five
(75) feet wide buffer in which no parking uses are permitted. Twenty-five (25)
feet of the width of the buffer along the developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with subsection 3.05.07 H. of the Collier
County Land Development Code (LDC). The native vegetation retention area
may consist of a perimeter berm and be used for water management detention.
Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H.
11
Fakahatchee Plaza CPUD
Revised: December 29, 2009
-,.- "m_____~_._.. '."k
_._"_."._,_._-"._.~...".-
..,.-.-...---,
, ~
Agenda Item No. 178
January 12, 2010
Page 68 of 73
of the LDC (native vegetation replanting requirements). Additionally, in order to
be considered for approval, use of the native vegetation retention area for water
management purposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
b. If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
c. If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the water
management area.
C. Along the Western side of the project a 5 foot fence or wall shall be constructed to
buffer the adjacent residential property. The fence or wall shall be located within
the required 25 foot landscape buffer. To accommodate the fence or wall along
the length of the western property line, the access drive to Golden Gate Blvd.
shall be no closer than 10 feet from the western property line. Adjacent to the
access drive, a minimum Type' A' buffer shall be installed on the residential side
of the fence or wall.
3. TRANSPORTATION
A. Driveways shall align with driveway access on opposing parcels, except when the
roadway median between the two parcels has no opening, or does not provide for
a through movement.
12
Fakahatchee Plaza CPUD
Revised: December 29,2009
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GOLDEN GATE BOULEVARD
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Agenda Item No. 176
January 12, 2010
Page 70 of 73
EXHIBIT D
LEGAL DESCRIPTION
SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST
TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76
AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THE ABOVE DESCRlBES AN AREA OF APPROXIMA TEL Y
238,800 SQUARE FEET OR 5.46 ACRES OF LAND
SUBJECT TO EASEMENTS, RESTRlCTIONS AND RESERVATIONS OF RECORD.
14
Fakahatchee Plaza CPUD
Revised: December 29, 2009
Agenda Item No. 17B
January 12, 2010
Page 71 of 73
."
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
2. ENVIRONMENTAL
L The minimum native preservation requirement shall be 0.39 acres
(3.93 acres x 10% = 0.39 acres to be preserved).
iL The subject property is located within the ST-Wl wellfield zone.
The storage and use of hR7.Rrdous materials shall be strictly
prohibited.
3. TRANSPORTATION
-,',-,
A. The property owner within 30 days of the approval of this rezone shall convey to
Collier County lands described in Exhibit C attached hereto. The property owner
shall be entitled to receive cash compensation or Transportation impact fee credits
from Collier County not to exceed $30,000. The form of compensation shall be at
the discretion of Collier County. Cash compensation or written confirmation of
impact fee credit shall be issued by the County within 180 days of the acceptance
of lands described in Exhibit C. Said conveyance and acceptance by Collier
County of the described lands incorporates the following supporting points:
L) This conveyance positively addressed the potential for incongruity as
stated in the Future Land Use Element under D. Special Issues which
references the importance of reserving adequate right-of-way at the time
of zoning. This conveyance ensures available right-of-way for planned
capacity improvements at the intersection of Everglades Boulevard and
Golden Gate Boulevard to accommodate a four-lane Everglades
Boulevard and six-lane Golden Gate Boulevard. (Any future right of way
taking(s) at this location shall be recognized as a separate action and shall
not be subject to the limitations of this document.)
"'~--
ii.) The value of the lands conveyed is recognized to be in excess of the
compensation by cash or impact fee credit. Such value is required to
provide adequate mitigation for future transportation impacts resulting
from the project, limited to the land uses and intensity provided for in this
rezone and the accompanying TIS dated September 2009. This mitigation
satisfies consistency requirements of Policy 5.1 of the Transportation
Element of the Growth Management Plan for the density/intensity
proposed by this zoning change.
15
Fabhat.chee Plaza CPUD
Revised: December 29, 2009
_ _"__"__'___._~_'O___"_.""_'m"H'_"""'__"<'__"'_.'
-~ "._._"._----,---,,~.,"
Agenda Item No. 178
January 12, 2010
Page 72 of 73
iii.) All compensating right of way required in accordance with Section
6.06.01.H.3 of the Land Development Code (as amended) is included in
the lands described in Exhibit C. No additional compensating right of way
will be required at the time of Development Order application. The
acreage of this compensating right of way shall not be creditable towards
impact fee credits, and shall not be compensated by the County.
iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to
County in fee simple, free and clear of all liens and encumbrances.
Developer will provide the Office of the County Attorney with the
executed statutory warranty deed, suitable for recording, within ninety
(90) days of the County's request for conveyance. Upon receipt, the
County shall record the statutory warranty deed in the Public Records of
the County. All costs of recording and conveyance shall be paid by
Developer. County will be responsible for paying the costs of any title
work and searches, and Developer shall be responsible for all costs for
promptly removing or curing any liens, encumbrances or deficiencies
revealed in any title work. If required by the County Attorney, Developer
will promptly provide either an attorney's opinion, or a corporate affidavit,
identifying the record owner of this parcel, setting forth the authority of
the record owner to enter into this Agreement, and identifying any lien
holders having a lien or encumbrance on this parcel. The opinion or
affidavit will specifically describe each of the recorded instruments under
which the record owner holds title, each lien or encumbrance, and cite
appropriate recording information and incorporate by reference a copy of
all such referenced instruments.
B. The total combination of allowable land uses on this site shall not be allowed to
exceed the maximum trip generation for the proposed uses stated in the
September 2009 Traffic Impact Study (134 PM Peak Hour, two-way trips). Staff
reserves the ability to limit square footage or the number of units during any
subsequent development order based on the trip generation limit. Any future
occupant change that increases trip generation per ITE trip generation guidelines
will require Transportation review and may not be allowed, if the total proposed
trips exceed the maximum impact listed in this condition.
4. UTILITIES
The project shall utilize well and septic systems until central water and sewer are
available.
Fakahatchee Plaza CPUD
Revised: December 29, 2009
16
Agenda Item No. 178
January 12, 2010
Page 73 of 73
",",
5.
LIGHTING
A. If a streetlight or an area light is required, it shall be of the type specified to
protect neighboring properties from direct glare. Area lighting shall be shielded
such that direct rays do not pass property lines.
I. Where required, the street lamp shall be of the high pressure
sodium type and be a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward.
2. Parking lot lamps shall be low-pressure sodium type lamps or as
specified in item iii) below and shall be mounted so that they point
downward without direct rays extending past the parking lot,
building entrance, walkway, or other area intended to be
illuminated. Lighting design shall be such that light intrusion into
the native vegetation areas adjacent to residential lots is
minimized.
3. Exterior lighting shall be limited as follows to decrease the
ambient light intrusion on adjacent properties and the Estates in
general:
,.._'
i. All outside lights shall be limited to 250 watts HID or IWTIens
equivalent except for code required life/safety lighting such as exit
signs, stairwell and landing lighting, etc.
ii. All exterior lamps must be full shielded.
iii. All landscape lighting must be fully shielded and no landscape up-
lighting shall be permitted.
6. OTHER
Hours of operation for all uses with the exception of Public ()rder and Safety'
Facilities shall be limited to 6am to lOpm.
,~,~
17
Fakahatchee Plaza CPUD
Revised: December 29, 2009