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Agenda 10/26/2010 Item #17BAgenda Item No. 17B October 26, 2010 Page 1 of 137 EXECUTIVE SUMMARY PUDZ - 2008 -AR -14048 Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, Inc., is requesting a rezoning from Commercial (C -2) and Mobile Home (MIT) zoning districts with a Rural Fringe Mixed Use Neutral Lands overlay to a Commercial Planned Unit Development (CPUD) zoning district, with removal of the Rural Fringe Mixed Use Neutral Lands overlay, for a project to be known as Corkscrew Commercial Center CPUD. The rezoning petition allows for a maximum 60,000 square feet of commercial, retail, office, church and school uses. The subject property consists of 8 +/- acres which is located at the northwest corner of Immokalee Road and Platt Road in Section 27, Township 47 South, Range 27 East, in Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: This Commercial Planned Unit Development (CPUD) Ordinance proposes up to 60,000 square feet of mixed C -1 and C -2 commercial development that includes an automobile service station and convenience store in Area 1, along with retail, personal services and office uses in Area 2. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. PUDZ- 2008 -AR -14048 Page 1 of 5 Corkscrew Commercial Center CPUD 10-4 -10 Agenda Item No. 17B October 26, 2010 Page 2 of 137 GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning Staff has reviewed this petition and has found it consistent with the applicable policies of the Future Land Use Element (FLUE). A detailed analysis of the project's consistency with the FLUE, Transportation Element and the Conservation and Coastal Management Element is contained in the attached Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION• This item was heard by the CCPC at the September 2, 2010 hearing, and by a vote of 9 -0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions which have been incorporated into the PUD document: 1. Provide a wall and landscaping per LDC along the west property line from Platt Road to 20 feet past the parking lot area. 2. Incorporate Nancy Gundlach's language regarding IDA lighting into the PUD. 3. Incorporate the McMullen PUD language into the Corkscrew PUD document for sound proofing of Building 3. 4. Prohibit outdoor seating after 10:00 p.m. Doors and windows in the buildings will remain closed. 5. Remove Compensating Right -of -Way Developer Commitment language in PUD as it will be addressed at the time of SDP (Site Development Plan). 6. Add clarifying language for the architectural deviations (that the deviation shall apply to the west elevation of Building 1 and north elevation of Building 2). Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from Commercial (C -2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands overlay to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural Fringe Mixed Use Neutral Lands overlay, for a project to be known as the Corkscrew Commercial Center CPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. Page 2 of 5 PUDZ- 2008 -AR -14048 Corkscrew Commercial Center CPUD 10 -4 -10 Agenda Item No. 17B October 26, 2010 Page 3 of 137 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed 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 private. 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. 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. PUDZ- 2008 -AR -14048 Page 3 of 5 Corkscrew Commercial Center CPUD 10 -4 -10 Agenda Item No. 17B October 26, 2010 Page 4 of 137 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. 1I], 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? PUDZ- 2008 -AR -14048 Page 4 of 5 Corkscrew Commercial Center CPUD 10 -4 -10 Agenda Item No. 17B October 26, 2010 Page 5 of 137 The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. (HFAC) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request for PUDZ -2008- AR- 14048, Corkscrew Commercial Center CPUD subject to the CCPC conditions of approval, which have been incorporated into the attached PUD document. PREPARED BY: Nancy Gundlach, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Ordinance 3) Application PUDZ- 2008 -AR -14048 Page 5 of 5 Corkscrew Commercial Center CPUD 10 -4 -10 Agenda Item No. 17B October 26, 2010 Page 6 of 137 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17B Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ- 2008 -AR -14048 Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, Inc., is requesting a rezoning from Commercial (C -2) and Mobile Home (MH) zoning districts with a Rural Fringe Mixed Use Neutral Lands overlay to a Commercial Planned Unit Development (CPUD) zoning district, with removal of the Rural Fringe Mixed Use Neutral Lands overlay, for a project to be known as Corkscrew Commercial Center CPUD. The rezoning petition allows for a maximum 60,000 square feet of commercial, retail, office, church and school uses. The subject property consists of 8 +/- acres which is located at the northwest corner of Immokalee Road and Platt Road in Section 27, Township 47 South, Range 27 East, in Collier County, Florida. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Nancy Gundlach Planner, Principal Date Community Development & Environmental Services Zoning & Land Development Review 1 011/201 0 5:16:35 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 1014/2010 11:51 AM Approved By Nick Casalanguida Director- Transportation Planning Date Transportation Division Transportation Planning 1014/2010 1:08 PM Approved By Ray Bellows Manager- Planning Date Community Development & Environmental Services Zoning & Land Development Review 1 0151201 0 10:00 AM Approved By William D. Lorenz, Jr., P.E. Director- CDES Engineering Services Date Community Development & Environmental Services Engineering & Environmental Services 10/8/2010 8:39 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 10/1212010 11:05 AM Approved By Heidi F. Ashton Section Chief /Land Use - Transportation Date Agenda Item No. 17B October 26, 2010 Page 7 of 137 County Attorney County Attorney 10/13/2010 9:15 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2010 12 :07 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Office of Management & Budget Office of Management &Budget 10115/2010 12:16 PM Approved By Leo E. Ochs, Jr County Managers Office County Manager County Managers Office Date 10/16/2010 3:29 PM Agenda Item No. 17B AGEWAt� 010 age o 137 Co en County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: SEPTEMBER 2, 2010 SUBJECT: PETITION PUDZ - 2008 -AR -14048 — CORKSCREW COMMERCIAL CENTER CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) PROPERTY OWNER/AGENT: OWNER: Mr. Robert E. Williams, Trustee 3240 5h Avenue S.W. Naples, FL 34117 AGENTS: Mr. D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: Mr. Richard D. Yovanovich, Esquire Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject 8.0± acre site from the Commercial Convenience (C -2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay to a Commercial Planned Unit Development (CPUD) Zoning District with removal of the Rural Fringe Mixed Use Neutral Lands Overlay, for a project to be known as the Corkscrew Commercial Center CPUD. GEOGRAPHIC LOCATION: The subject PUD is located in Golden Gate Estates on the northwest corner of Immokalee Road (CR 846) and Platt Road, approximately 3 miles north of Oil Well Road in Section 27, Township 47 South, Range 27 East, Collier County, Florida. (See location map on following page) Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 1 of 21 ■ 0 x Z ul o � S a (9►9 - 10) - OVON iit "MI- S3lavN 0 o a x a Q a a C C cz •as 3d �Z p w 00 o aQ; m K h oQ� U K V 0� O 0 bo J' lse 'as SL -I fP� �w 6� cQ G V Z Z 0 N CL cQ G Z O Q U O J Q OC C C N N a a vrrrr►rr � irrr�rrmr�+ � � s� ;: - ` ?• � it � . E, j. s 881 �� c � 0a ff r g 0 � <k °� �q= od a ego � �..� —.. � �. :�s� � � ��q,f�•p. Y Eli W0co0 WW< �� b �� E°6s � :: g•.,,, :� iii' t <.ff a` "ea «W` »R as n e 'fig 1. 6 uB Rog3 =0 N57 0 6 881 �� c � 0a ff r g 0 � <k °� �q= od a ego � �..� —.. � �. :�s� � � ��q,f�•p. Y Eli W0co0 WW< �� b �� E°6s � :: g•.,,, :� iii' t <.ff a` "ea «W` »R as n e 'fig 1. 6 uB Rog3 Agenda Item No. 17B October 26, 2010 Page 11 of 137 PURPOSE/DESCRIPTION OF PROJECT: The subject 8± acre site is currently vacant. Half of the property was previously used for mobile home dwellings. It has since been cleared of previous improvements, except for a driveway. This Commercial Planned Unit Development (CPUD) Ordinance proposes up to 60,000 square feet of mixed C -1 and C -2 commercial development that includes an automobile service station and convenience store in Area 1, along with retail, personal services and office uses in Area 2. As depicted on the Master Plan, the proposed buildings will be a maximum of one -story and will have a maximum zoned height of 25 feet and an actual height of 30 feet. A 10 -foot wide Type A landscape buffer will be provided along the north property line and a 15 -foot wide enhanced Type B landscape buffer will be provided along the west property line. A deviation is being sought to allow a 15 -foot wide Type D landscape buffer along the Immokalee Road right -of -way. Where the automobile service station (Tract A) abuts these rights -of way, a 25 -foot wide landscape buffer will be provided. If no gas station is developed, then the minimum code required 10 -foot wide Type D landscape buffer will be provided along Platt Road and a 15 -foot wide Type D landscape buffer will be provided along Immokalee Road. The Master Plan also depicts the general location of the septic area, water management areas, preserve areas and landscape buffer areas. It also shows the 5.60± acre commercial area and the 2.40± acres of open space. The site depicts two ingress /egress points on Platt Road. There are four (4) deviations being sought as part of this CPUD rezoning petition which are further discussed under PUD Findings item number 8. SURROUNDING LAND USE AND ZONING: North: Undeveloped property, with a zoning designation of Agriculture with a Mobile Home Overlay (A -MHO). East: Immokalee Road, a 100 -foot wide right -of -way, then a lot with a single - family residence with a zoning designation of Agriculture with a Mobile Home Overlay (A -MHO). South: Platt Road, a 60 -foot wide private right -of- way, then a lot with a single - family residence and a lot that is undeveloped property with a zoning designation of Agriculture with a Mobile Home Overlay (A -MHO). West: a single - family residence, with a zoning designation of Agriculture with a Mobile Home Overlay (A -MHO). Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24-10 Page 4 of 21 Agenda Item No. 17B October 26, 2010 Page 12 of 137 Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY• Future Land Use Element (FLUE): The subject property is currently vacant land zoned C -2, Commercial Convenience District (easterly 3.25 acre portion), and MH, Mobile Home District - RFMUO, Rural Fringe Mixed Use Overlay District, Neutral Lands (westerly 4.75 acre portion). PUD materials (particularly the rezone Ordinance) must specify this as a rezoning from these multiple zoning designations, including the RFMUO Neutral Lands Overlay, to CPUD. The entire site is within the Corkscrew Island Neighborhood Commercial Subdistrict, of the Agricultural/Rural Mixed Use District, under the Agricultural/Rural Designation, as identified on the Future Land Use Map and in the Future Land Use Element (FLUE). The subject property is eligible for neighborhood commercial uses through this Subdistrict designation. The FLUE provisions for this Subdistrict are given below, with [bracketed staff analysis] following each provision. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 5 of 21 Agenda Item No. 17B October 26, 2010 Page 13 of 137 Corkscrew Island Neighborhood Commercial Subdistrict This Subdistrict, comprising approximately 8 acres, is located on the northwest corner of the Immokalee Road and Platt Road intersection. The purpose of this Subdistrict is to provide neighborhood commercial uses •- lower order retail, office, and personal service uses - conveniently located to serve the surrounding rural area and passerby - traffic. Development in this Subdistrict shall comply with the following requirements and limitations: a. Rezoning is encouraged to be in the form of a PUD. [This rezone is proposed as a Commercial PUD.] b. The Subdistrict shall be developed as a unified planned development with a common architectural theme. [PUD provisions are found proposing a common architectural theme.] C. The Subdistrict shall be limited to a maximum gross Ieasable floor area of 70,000 square feet. [Exhibits A and B indicate that 60, 000 square feet is proposed.] d. Uses shall be limited to those permitted and conditional uses set forth in the C -2, Commercial Convenience, Zoning District of the Collier County Land Development Code, Ordinance Number 04 -41, in effect as of the date of adoption of this Subdistrict. [See staff remarks under the Review of PUD Documents section below.] e. At the time of rezoning, access shall be restricted as deemed appropriate so as to provide safe ingress and egress. [The development has been designed with two (2) full access connections between the project and Platt Road to the south, which provides indirect access to Immokalee Road (CR 846), to "ensure safe ingress to and egress from the site ".] f. At the time of rezoning, careful consideration shall be given to maximum building heights, maximum building floor area for each use or structure, maximum building floor area for the total site, landscaping and buffering requirements, building setbacks, and other site design considerations, as well as to allowable uses, so as to insure compatibility with surrounding uses and the rural character in which the Subdistrict is located. Further, since a private well and septic system will be utilized, allowable uses may be restricted so as to preclude those with high water demand (e.g. car washes) and those that utilize residual chemicals or solvents (e.g. dry cleaners). Insuring compatibiliy with the surrounding Rural Fringe Mixed Use, Neutral Lands should take into account provisions which ffectively Limit allowable uses to those appropriate for limited, semi -rural residential development, as follows: Corkscrew Commercial Center CPU PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 6 of 21 Agenda Item No. 17B October 26, 2010 Page 14 of 137 • Agricultural land uses, including farm labor housing • Detached single - family residences, including mobile homes where a Zoning Overlay exists • Multi - family residential units, when clustered • Group homes • Golf courses and driving ranges • Botanical gardens, zoos, and aquariums • Public and private schools • Community facilities, such as cemeteries, places of worship, childcare facilities • Habitat preservation and conservation areas, including incidental staff housing • Parks, open space, and recreational uses • Sporting and recreational camps • Essential services • Eardun ning, oil extraction and processing FLUE Objective 7, Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were approved on October 26, 2004. This Objective and policies incorporate certain "Smart Growth" provisions into the FLUE. This formulative process was one of Collier County's earliest opportunities to apply more of the practices found in the Toward Better Places - The Community Character Plan for Collier County Florida. The Community Character Plan provides the County with a policy document featuring the most useful aspects of traditional neighborhood design (TND), smart growth, traffic calming, new urbanism and other contemporary planning practices. FLUE Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code (LDC). (The conceptual PUD Master Plan indicates two (2) full access connections between the project and Platt Road to the south, which provides indirect access to Immokalee Road (CR 846), classified as a principal arterial roadway. The application GMP Consistency section indicates this access arrangement will "ensure safe ingress to and egress from the site".] FLUE Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The PUD Master Plan indicates one (1) internal access connection between the two "areas" comprising the subject property. Internal drive layout incorporates a modified roundabout, which serves to distribute traffic to more than one other internal drive to and from the single access connection. Nearly all of the parking is arranged to reduce vehicle congestion. The portion of the arrangement which is not so designed, and introduces congestion is the single - outlet parking area located immediately west of the car wash facility. The re- design of this "closed, hammer - head" parking area to open another lane or drive will be addressed fully during Site Development Plan (SDP) consideration. Further, there are not proposed access points onto Immokalee Road. The Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24-10 Page 7 o121 Agenda Item No. 17B October 26, 2010 Page 15 of 137 application GMP Consistency section indicates this internal access arrangement will "be consistent with Policy 7.2 ".] Review of PUD Documents Exhibit A, Sections I.A and I.B of the PUD lists the permitted principal and accessory uses proposed to be allowed within Corkscrew Commercial Center CPUD. Exhibit A, Section I.A.15. Car Wash (single bay, drive - through) — Group 7542; is allowed in the C -4 zoning district but should also be removed from this PUD because it is a high water demand use and is specifically identified as precluded from this Subdistrict. Same for Exhibit A, Section LB.3. Petitioner's current response — Car wash technology has evolved over time. Car washes are no longer considered high water use facilities when utilizing water recycling systerns. A typical recycling system re- circulates 75 — 90 percent of the water used, which results in only right (8) gallons per vehicle used per wash. ...Further, the Florida Department of Environmental Protection now issues a General Permit under FAC 62- 660.803 for Car Wash facilities to discharge in grass swale percolation system... if Best Management Practices are followed and the discharge is limited to no more than 4,000 gallons per week. (Acknowledged with restrictions, based on these informational updates. A car wash facility accessory to a gas station must utilize water recycling system(s) and follow Best Management Practices, as found in FDEP guidelines. Amend Exhibit A, Permitted Use to read, "Car Wash (designed, built and operated as a single bay, drive - through facility, utilizing water recycling system(s) and following Best Management Practices, as found in FDEP administrative codes, allowed in Area I only) — Group 7542"]. Exhibit A has not been amended as stated, therefore, staff has added this as a condition of approval. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this project within the five year planning period. Therefore, the subject application is consistent with Policy 5.1 of the Transportation Element of the GMP. Immokalee Road (CR 846) Impacts: The first concurrency link that is impacted by this project is Link 46, Immokalee Road (CR 846) between Oil Well Road and SR -29. The project generates 99 p.m. peak hour, peak direction trip on this link, which represents a significant 11.51 percent impact on Immokalee Road (CR 846) upon reaching build -out condition. This concurrency link reflects a remaining capacity of 484 trips in the adopted 2009 AUIR (Annual Urban Inventory Report) and is at Level of Service "C ". The project does not cause failure of the link over the 5 year planning term. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 8 of 21 Agenda Item No. 17B October 26, 2010 Page 16 of 137 Subsequent Link Analysis: The subsequent links of Immokalee Road (Link 45), Oil Well Road (Link 119), and SR -29 (Link 84) have been analyzed using the 2 % -2 % -3% requirements, and do not indicate significant impacts (over 2 percent) beyond the first impacted segment. Conservation and Coastal Management Element (CCME): The Project is consistent with the policies in Objective 6.1 of the CCME. GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) subject to the condition of approval stated in the Recommendation at the end of this Staff Report. ANALYSIS• Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Collier County Land Development Code (LDC) and required Staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. Environmental Review: Environmental Services staff has reviewed the petition and the CPUD Ordinance to address any environmental concerns. Staff has found that the property was cleared prior to 1975 and there are no listed species on the site. This petition was not required to submit an EIS or be reviewed by the Environmental Advisory Council. In addition, the South Florida Water Management District (SFWMD) wetland line shall be delineated on the site plan at the next development order. Transportation Review: Transportation Department Staff has reviewed this petition and the documents that accompany this request. Staff recommends approval subject to the following conditions that have been included in Exhibit "F" "Developer Commitments:" 1. Compensating right -of -way (15 -foot wide) for a right turn lane shall be dedicated by the owner to the County as a road easement to reimburse the County for the use of the existing Immokalee Road right -of -way. The compensation shall be along the length of the turn lane along Immokalee Road only. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. The dedication shall be performed prior to the first certificate of occupancy on the site. 2. Owner shall reserve a thirty (30) -foot wide strip along the entire Immokalee Road property frontage and shall convey to the County a stormwater easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) -foot wide stormwater easement, Collier County shall grant to the Developer transportation impact fee credits equal to the fair market value of the stormwater easement on the Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 9 of 21 Agenda Item No. 17B October 26, 2010 Page 17 of 137 date of its' conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD. If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals. If the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the storm water easement for storm water management and open space. Collier County shall incorporate the storm water management into the roadway design for Immokalee Road. Utility Review: The Utilities Department Staff has reviewed the petition and has no objection. This project is not located within the Collier County Water and Sewer Service Area. The proposed water source is well water and proposed sewage shall be disposed of through a septic system. Emergency Management Review: Emergency Management staff provided the following comment: The Emergency Management Department has no issues with this rezone. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed uses, as limited in the CPUD Ordinance, are consistent with the GMP if Staff Recommendation number 1 is followed, as previously noted. The actual uses proposed, as limited in the CPUD Ordinance, should be compatible with the land uses that have been developed on adjacent tracts. As previously noted, this site is located at the northwest intersection of Immokalee Road and Platt Road and is surrounded by land within the Agriculture with a Mobile Home Overlay (A -MHO) zoning designation. To the north is an undeveloped property that according to the applicant, has a lease on it for a cell tower. To the east is Immokalee Road, a 100 -foot wide right -of -way, then a lot with a single - family residence. To the south is Platt Road, a 60 -foot wide private right -of- way, then a lot with a single - family residence and a lot that is undeveloped property. To the west is a single - family residence. The Corkscrew Commercial Center CPUD is buffered by a 15 -foot wide landscape buffer enhanced with an additional 6 to 8 -foot high hedge row along the west property line adjacent to the single - family residence. A 15 -foot wide landscape buffer will be provided along Immokalee Road, a 10- foot wide landscape buffer will be provided along Platt Road. If an automobile service station is developed, a 25 -foot wide landscape buffer will be provided along Platt Road. A deviation is being sought to provide a 15 -foot wide landscape buffer (instead of a 25 -foot wide landscape buffer) along Immokalee Road. A 10 -foot wide landscape buffer will be provided along the north property line adjacent to the undeveloped property. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 10 of 21 Agenda Item No. 17B October 26, 2010 Page 18 of 137 This rezone petition requests a total of 60,000 square feet of commercial land uses including retail, personal services and office uses. The maximum zoned height proposed for this CPUD is 30 feet and one story. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. As noted in the GMP Consistency portion of this report, the property is located within the "Corkscrew Island Neighborhood Commercial Subdistrict" as identified in the Future Land Use Element (FLUE). General development requirements are established in the GMP, and the CPUD document contains appropriate references assuring compliance with the provisions of the "Corkscrew Island Neighborhood Commercial Subdistrict." If the Staff Recommendation is incorporated into the Developer Commitments, then this proposed development can be found consistent with the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by developed agriculturally zoned lands with a mobile home overlay to the west, across Immokalee Road to the east and Platt Road to the south. To the north is an undeveloped agriculturally zoned land with a mobile home overlay that according to the applicant has a cell tower lease on it. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed Corkscrew Commercial Center CPUD is located within the "Corkscrew Island Neighborhood Commercial Subdistrict" as identified in the FLUE. In addition, the PUD includes adequate ameliorating elements for buffering and building height, setback, and architectural design have been provided to ensure the project is compatible with the adjoining agricultural land uses, and the single family residences. Therefore, staff is of the opinion that the proposed CPUD will not result in an isolated district unrelated to nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed PUD district boundaries are logically drawn and conform to the "Corkscrew Island Neighborhood Commercial Subdistrict" identified in the Future Land Use Element of the GMP. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 11 of 21 Agenda Item No. 17B October 26, 2010 Page 19 of 137 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The site is designated for a mix of commercial and retail uses that are specified within the parameters of the "Corkscrew Island Neighborhood Commercial Subdistrict" and the applicant generally intends to develop the property within the parameters of the Subdistrict. The lack of commercially zoned property in the Agricultural/ Rural area and within the "Corkscrew Island Neighborhood Commercial Center Subdistrict." provides ample justification for the passage of this proposed amendment. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. If the Staff Recommendation number 1 is followed then the proposed Corkscrew Commercial Center CPUD is compatible with the "Corkscrew Island Neighborhood Commercial Subdistrict" as identified in the FLUE. The "Corkscrew Island Neighborhood Commercial Subdistrict" criteria creates ameliorating elements. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed CPUD and has verified that the applicant has proposed sufficient and appropriate mitigation of the projects traffic impacts into the CPUD document to render the CPUD consistent with the Transportation Element. The Master Plan proposes the right -of way reservation of 15 feet for a turn lane and an additional 30 feet along Immokalee Road to accommodate the future widening consistent with the County's adopted 2010 Long Range Transportation Plan. 8. Whether the proposed change will create a drainage problem. The project will be reviewed and approved subject to requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed CPUD will be required to meet building setbacks and single -story height restrictions as identified in CPUD document Exhibit `B" "Corkscrew Commercial Center CPUD Development Standards." When meeting these requirements, light and air will not be reduced to adjacent properties. 10. Whether the proposed change would adversely affect property values in the adjacent area. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 12 of 21 Agenda Item No. 17B October 26, 2010 Page 20 of 137 If the Staff Recommendation number 1 is followed, then the project will be consistent with the GMT and the LDC, staff is of the opinion this CPUD will not adversely impact property values. However, this is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. If the Staff Recommendation number 1 is followed, then the proposed rezone to CPUD is in compliance with the GMP. The GMP is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed CPUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property is presently vacant. The subject property could be developed within existing Commercial Convenience (C -2) and Mobile Home (MH) zoning regulation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. If the Staff Recommendation number 1 is followed then, the request is consistent with the GMP, and is therefore, within the needs of the community. The "Corkscrew Island Neighborhood Commercial Subdistrict" limits the gross leasable floor area and the uses allowed. A common architectural theme and unified planned development is required. Therefore, staff is of the opinion that the proposed CPUD is not out of scale with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 13 of 21 Agenda Item No. 17B October 26, 2010 Page 21 of 137 was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project and will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.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:" 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. As previously stated, the property is designated for commercial intermediate uses as identified by the Corkscrew Island Neighborhood Commercial Subdistrict of the Future Land Use Element. The type and pattern of development proposed (with the exception of the current proposal for the car wash) should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may Corkscrew Commercial Center CPU PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 14 of 21 Agenda Item No. 17B October 26, 2010 Page 22 of 137 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 provided satisfactory evidence of unified control. The CPUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP if Staff Recommendation number 1 is followed. 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. The development standards, landscaping and buffering requirements contained in this petition are designed to make the proposed uses compatible with the adjacent uses and the use mixture within the project itself. Staff believes that this petition is compatible, both internally and externally, with the proposed uses and with the existing undeveloped land. Additionally, the Development Commitments contained in the PUD document provide additional requirements the developer will have to fulfill. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Although development of the project has not yet commenced, the timing or sequence of development in light of concurrency requirements does not appear to be a significant problem for this project based upon the transportation commitments contained in the PUD document and discussed in considerable detail in the GMP Transportation section of this report. In addition, the project's development must be in compliance with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised. 8 -24 -10 Page 15 of 21 Agenda Item No. 17B October 26, 2010 Page 23 of 137 Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, and capacity of roads, is supportive of conditions emanating from urban development. 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. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this CPUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this CPUD are similar to those standards. The petitioner is seeking four deviations from the requirements of the LDC. Deviation Discussion: The four deviations are found in PUD Exhibit `B" "Deviations." Deviation #1 seeks relief from LDC Section 5.05.08 C.9., Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the sides adjacent to the northern or western property boundary to be non -primary facades. Petitioner's Rationale: The subject property is designed to serve the needs of area residents in the most efficient, low- impact way possible. Although the LDC architectural design standards are intended to create human -scale developments, the back of a commercial building is not within the public domain. The provision in question was intended to shield residents within the same PUD from non - residential buildings they would see from all sides. The requested deviation only removes the requirement from the north and west sides of the property. The property to the north has been owned by the State of Florida since 1983 (O.R. Bk. 1058 Pg. 1179) and is managed by the Internal Improvement Trust Fund. In fact, the State leased the site to the Department of Agriculture, Division of Forestry for 99 years for forestry and recreation uses. No detrimental impact is anticipated from the reduced standard on this side. The property located west of the site is developed with one single - family home and accessory structures. The home is approximately 135 feet from the shared property line. Appropriate landscape buffers, height limitations and setbacks are proposed to shield this neighbor from any potential impacts. No detriment to public health, safety or welfare is anticipated from the approval of this request. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." However, staff has added language to clarify that this deviation shall apply only to the west fagade of Building 1 and to the north fagade of Building 2 as depicted on Exhibit C Master Plan. Corkscrew Commercial Center CPU PUDZ— 2008 -AR -14048 Revised: 8 -24 -10 Page 16 of 21 Agenda Item No. 17B October 26, 2010 Page 24 of 137 Deviation #2 seeks relief from LDC Subsection 5.03.02 H.l.c., Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4) foot high hedge planted three (3) feet on center in lieu of the wall. Petitioner's Rationale: The requested deviation applies to the southern property line. The applicant wishes to retain the natural character of the surrounding environment by replacing the required masonry wall with a hedge on Platt Road, which is a private, local road. The property to the south is partially cleared and developed with a mobile home. The proposed hedge will provide an equivalent amount of shelter from on -site activity in a more natural, attractive manner. The purpose of the wall is to shield the neighboring site from noise and glare. The height of the proposed hedge will shield the neighbors from the lights of vehicles that may drive on the site or be parked there. Noise will be attenuated through containment indoors and appropriate selection and limitation of uses. The adjoining private right -of -way is approximately 60 feet wide, and the landscape buffer is another 10 feet in width. Use of the property would be located beyond these. The separation and proposed landscaping is an adequate buffer for the southern boundary. Additionally, the neighboring property owner has expressed support for a hedge in place of a wall. (See attached letter.) No detriment to public health, safety or welfare is anticipated from the approval of this request. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.51., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Subsection 5.03.02 H.l.a., Fences and Walls, which requires a six (6) to eight (8) foot high masonry wall within the landscape buffer along the western property line to allow for a double row six (6) to eight (8) foot hedge planted four feet on center in lieu of the wall. Petitioner's Rationale: Similar to the previous request, the rural character of the area lends itself more to a vegetated buffer than to a masonry wall. The proposed landscape buffer would be 15 feet wide and the building would be set back at least 25 feet from this common property line. The height of the commercial building is limited to 25 feet. Noise and glare can be appropriately mitigated by the hedge and will soften the look of the buffer. No detrimental impacts to neighbors are anticipated from approval of this deviation request. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 17 of 21 Agenda Item No. 17B October 26, 2010 Page 25 of 137 Deviation #4 seeks relief from LDC Subsection 5.05.05 D.1., Automobile Service Stations, which requires a minimum 25 -foot wide landscape buffer to allow for a minimum 15 -foot wide type D landscape buffer. Petitioner's Rationale: The reduction in the required landscape buffer along the Immokalee Road portion of the parcel which may be developed with a convenience store with gas pumps is warranted due to the 30 -foot right of way reservation requested by Collier County. The project will continue to provide the required vegetation within the 15 -foot wide buffer. The reduced buffer width will not create any health, safety or welfare concerns. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NEU): Synopsis provided by Cheri Rollins, Collier County Administrative Assistant: The meeting was duly noticed by the applicant and held on May 21, 2009 at 5:30 p.m. at the Big Corkscrew Fire House. Six people from the public attended, along with the applicant's representative: Heidi Williams of Q. Grady Minor, and county staff. Ms. Williams presented an overview of the requested rezone from Commercial (C -2) and Mobile Home (MH) zoning districts to a Commercial Planned Unit Development zoning district that her client is seeking. There was no opposition from those in attendance; however the following comments were expressed: 1. One resident was concerned with outside noise from either a gas station or restaurant, as she would prefer there be no amplified music coming from either place of business and would like the noise kept to a minimum. The applicant responded that the current proposal does not allow for amplified music. 2. Lighting was also a concern by those in attendance, as the Corkscrew Sanctuary often holds night classes and bright lights would make it difficult to continue holding these classes. A resident requested that "night friendly" lights be required in this proposal. The applicant responded that they would look into lighting options. 3. Another resident asked where the access point would be located for this development. The applicant responded that access will be off Platt Road and it would be paved, per Collier County Transportation requirements. The meeting concluded at approximately 6:30 p.m. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 18 of 21 Agenda Item No. 17B October 26, 2010 Page 26 of 137 SECOND NEIGHBORHOOD INFORMATION MEETING (NEW): Synopsis provided by Sharon Umpenhour, Planning Technician, of Q. Grady Minor and edited by Nancy Gundlach, Principal Planner of Collier County: A second meeting was held because one year had past since the first NIM was held. The meeting was duly noticed by the applicant and held on July 14, 2010, at 5:30 p.m. at the Big Corkscrew Fire House. D. Wayne Arnold, the agent, introduced the property owner, Mr. Robert E. Williams. At the time the meeting began, six residents were in attendance (two additional residents arrived 5:45 p.m.). Aerial photographs of the site and surrounding area, and a copy of the conceptual site plan were displayed. Mr. Arnold gave a brief explanation of the rezone application, project location, description of the proposed uses and requested deviations. Mr. Arnold requested that anyone in attendance wishing to obtain updated information about the project could provide their e-mail address and his office would provide notice of the public hearing schedule. Mr. Arnold also provided tentative hearing dates to those in attendance. Mr. Arnold concluded his presentation and asked for questions. Questions were raised in regards to operation hours, noise and lighting. Mr. Arnold indicated the applicant's willingness to address issues such as lighting and hours of operation for outdoor uses. Mr. Doug Wilson of the Corkscrew Island Homeowner's Association indicated their organizations support generally for the project and desire for further discussion with the applicant. Mr. Arnold indicated that parties would continue to discuss issues as the project moves forward. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Gundlach. The meeting was adjourned at approximately 6:00 p.m. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION: This petition was not heard by the EAC because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PUDZ- 2008 -AR -13048 revised on August 13, 2010. RECOMMENDATION: Zoning and Land Development Review Staff recommends that the Collier County Planning Commission forward Petition PUDZ - 2008 -AR -14048 to the Board of County Commissioners with a recommendation of approval for the rezoning request from the Commercial Convenience (C -2) and Corkscrew Commercial Center CPUD PU DZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 19 of 21 Agenda Item No. 17B October 26, 2010 Page 27 of 137 Mobile Home (MH) Zoning Districts to the Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Barefoot Commercial Center CPUD with the following condition: 1. Amend Exhibit A, Permitted Uses, to read, "Car Wash (designed, built and operated as a single bay, drive- through facility, utilizing water recycling system(s) and following Best Management Practices, as found in FDEP administrative codes, as may be amended, allowed in Area 1 only) — Group 7542 ". 2. Deviation # 1 shall apply only to the west facade of Building 1 and to the north facade of Building 2 as depicted on Exhibit C Master Plan. Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -24 -10 Page 20 of 21 PREPARED BY: NANCY G LA , AICP, PRINCIPAL PLANNER DEPAR T OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMO V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES 'g., W114AM D. L(j& 4JR., P. E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALANG , DE ADMINISTRATOR GROWTH MANAGEMENT DIVISION MARK STRAIN, CHAIRMAN Agenda Item No. 17B October 26, 2010 Page 28 of 137 ` , �� MA VU ' 8.I(-to DATE e43-i3-2-o/6 DATE 09 -19 -z0 y DATE q( -2 -►o DATE Tentatively scheduled for the October 26, 2010 Board of County Commissioners Meeting Attachments: Attachment A: Ordinance Attachment B: 2- Neighborhood Letters Corkscrew Commercial Center CPUD PUDZ — 2008 -AR -14048 Revised: 8 -9 -10 Page 21 of 21 October 26, 2010 Page 29 of 137 ORDINANCE NO. 10- 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 COMMERCIAL (C -2) AND MOBILE HOME (MH) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT, WITH REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, CHURCH AND SCHOOL USES. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, 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 27, Township 47 South, Range 27 East, Collier County, Florida, is changed from Commercial (C -2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay Corkscrew Commercial Center PUDZ- 2008 -AR -14048 Rev. 8/23/10 Page 1 of 2 Attachment A Agenda Item No, 17B October 26, 2010 Page 30 of 137 to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural Fringe Mixed Use Neutral Lands Overlay, to be known as the Corkscrew Commercial Center CPUD in accordance with Exhibits A through F, attached 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 , Deputy Clerk Approved as to form and legal sufficiency: � 'WQv Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Concept Plan Exhibit D - Legal Description Exhibit E — List of Deviations Exhibit F - Developer Commitments U\08 -CPS-M 1 5\44 Corkscrew Commercial Center PUDZ- 2008 -AR -14048 Rcv. 8123/10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 FRED W. COYLE, Chairman EXHIBIT A CORKSCREW COMMERCIAL CENTER CPUD PERMITTED USES I. Permitted Uses Agenda Item No. 17B October 26, 2010 Page 31 of 137 The 8f acre commercial project shall be developed with no more than 60,000 square feet of gross leasable floor area. 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: A. Principal Uses: 1. Accounting — Group 8721 2. Adjustment and collection services — Group 7322 3. Advertising agencies — Group 7311 4. Apparel and accessories store (up to 1,800 square feet) — Groups 5611, 5621, 5632, 5641, 5651, 5661, 5699 5. Architectural services Group 8712 6. Auditing — Group 8721 7. Automobile parking, parking garages & structures — Group 7521 8. Banks, credit unions and trusts — Groups 6011, 6019, 6021, 6022, 6029, 6035, 6036, 6061, 6062, 6081, 6082, 6091, 6099 9. Barber shops (except barber schools) — Group 7241 10. Beauty shops (except beauty schools) — Group 7231 11. Bookkeeping services Group 8721 12. Business consulting services — Group 8748 13. Business credit institutions — Groups 6153, 6159 14. Child day care services — Group 8351 15. Churches — Group 8661 16. Civic, social and fraternal associations — Group 8641 17. Commercial art and graphic design -- Group 7336 18. Commercial photography — Group 7335 19. Computer and computer software stores (up to 1,800 square feet) — Group 5734 20. Computer programming — Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377, 7378, 7379 21. Credit reporting services — Group 7323 22. Debt counseling only — Group 7299 23. Direct mail advertising services — Group 7331 24. Eating places — Group 5812 25. Education services — Groups 8211, 8221, 8222 26. Educational plants 27. Engineering services — Group 8711 August 9, 2010 Page 1 of 9 BCCZ l Agenda Item No. 17B October 26, 2010 Page 32 of 137 28. Essential services, subject to LDC Section 2.01.03 29. Food stores, except supermarkets (up to 2,800 square feet) — Groups 5411, 5421, 5431, 5441, 5451, 5461, 5499 30. Funeral services (except crematories) - Group 7261 31. Garment pressing, and agents for laundries and drycleaners — Group 7212 32. Gasoline service station, subject to LDC Section 5.05.05 (allowed in Area 1 only, with a maximum of 5,000 square feet and 12 vehicle fueling positions) — Group 5541 33. General merchandise stores — Groups 5331, 5399, 34. Group care facilities (category I & H, except homeless shelter), subject to LDC Section 5.05.04. 35. Hardware stores — Group 5251 36. Health services — Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049 37. Home furniture, furnishings, equipment store — Groups 5713, 5714, 5719 38. Home health care services — Group 8082 39. Insurance agencies, brokers, carriers — Groups 6311, 6321, 6324, 6331, 6351, 6361, 6371, 6399, 6411 40. Landscape architects, consulting & planning — Group 0781 41. Legal services — Group 8111 42. Libraries (except regional libraries) — Group 8231 43. Loan brokers — Group 6163 44. Management and public relations — Groups 8741, 8742 45. Mortgage bankers and loan correspondents — Group 6162 46. Musical instrument stores — Group 5736 47. Paint, glass, wallpaper stores — Group 5231 48. Personal credit institutions — Group 6141 49. Photocopying and duplicating services — Group 7334 50. Photofinishing laboratories, pick -up and drop -off establishments only — Group 7384 51. Photographic studios — Group 7221 52. Physical fitness facilities (physically integrated and operated in conjunction with another permitted use in this district) — Group 7991 53. Public relations services — Group 8743 54. Radio, television and consumer electronics store — Group 5731 55. Radio, television and publishers advertising representatives — Group 7313 56. Real estate — Groups 6531, 6541, 6552 57. Record and prerecorded tape stores — Group 5735, excluding adult oriented sales and rentals 58. Religious organizations — Group 8661 59. Repair services — miscellaneous, excluding aircraft, business and office machines, Iarge appliances, and white goods such as refrigerators and washing machines — Groups 7629, 7631 60. Retail services - miscellaneous — Groups 5912, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5961 61. Secretarial and court reporting services — Group 7338 August 9, 2010 Page 2 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 33 of 137 62. Security and commodity brokers, dealers, exchanges services — Groups 6211, 6221, 6231, 6282, 6289 63. Shoe repair shops or shoeshine parlors — Group 7251 64. Social services, individual and family — Group 8322 65. Surveying services — Group 8713 66. Tax return preparation services — Group 7291 67. Travel agents, and no other transportation services — Group 4724 68. United States postal service, excluding major distribution center— Group 4311 69. Veterinary services Group 0742, Excludes outdoor kenneling 70. Videotape rental — Group 7841, excluding adult oriented sales and rentals 71. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places (restricted to inside of building number 3). 3. Car Wash (single bay, drive- through, allowed in Area 1 only) — Group 7542 4. Caretaker's residence, subject to LDC Section 5.03.05. 5. Outdoor Seating (no amplified music or sound shall be permitted) 6. Sidewalk sales, subject to LDC Section 4.02.12. August 9, 2010 Page 3 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 34 of 137 EXHIBIT B CORKSCREW COMMERCIAL CENTER CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the Corkscrew Commercial Center CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE I Development Standards for Commercial District * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure August 9, 2010 Page 4 of 9 BCCZ Principal Structures Accessory Structures Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Minimum Setbacks — External From External Rights -of -way 25 feet SPS From Western and Northern Boundary 25 feet SPS Minimum Setbacks — Internal Internal Drives /ROW 10 feet 10 feet Preserve 25 feet 10 feet Minimum Separation of Structures 10 feet or'h sum of building heights, whichever is greater 10 feet Maximum Building Height Maximum Zoned Height I story, not to exceed 25 feet 1 story, not to exceed 25 feet Maximum Actual Height 1 story, not to exceed 30 feet 1 story, not to exceed 30 feet Minimum Floor Area 1,000 square feet * N/A Maximum Gross Leasable Area 60,000 square feet N/A * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure August 9, 2010 Page 4 of 9 BCCZ r G r�.wrrWrrrrWrrr `� r rWrrrrrrrrr�rr�� `� — L Yf > it ' s� • IZ s � r 10 &$J8 „� acc � : � � � $g � 3 i :'•rZ s[ a $ � g a i7� a�3i0 i Vs;g t Waag 1 1W k W la �1 to ao s Agenda Item No. 17B October 26, 2010 Page 36 of 137 EXHIBIT D CORKSCREW COMMERCIAL CENTER CPUD LEGAL DESCRIPTION The subject property is 8.0 +/- acres, is located in Section 27, Township 47 South, Range 27 East, and is more fully described as follows: THE NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT -OF -WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. August 9, 2010 Page 6 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 37 of 137 EXHIBIT E CORKSCREW COMMERCIAL CENTER CPUD DEVIATIONS 1. Deviation #1 seeks relief from LDC Section 5.05.08 C.9, Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the sides adjacent to the northern or western property boundary to be non -primary facades. 2. Deviation #2 seeks relief from LDC Subsection 5.03.02 H. Lc, Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4) -foot high hedge planted three (3) feet on center in lieu of the wall. 3. Deviation #3 seeks relief from LDC Subsection 5.03.02 H. La, Fences and Walls, which requires a six (6) to eight (8) foot high masonry wall within the landscape buffer along the western property line to allow for a double row six (6) to eight (8) foot hedge planted four feet on center in lieu of the wall. 4. Deviation #4 seeks relief from LDC Subsection 5.05.05 D.1, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15 -foot wide Type D landscape buffer. August 9, 2010 Page 7 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 38 of 137 EXHIBIT F CORKSCREW COMMERCIAL CENTER CPUD DEVELOPER COMMITMENTS 1. Regulations for development of the Corkscrew Commercial Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 2. The Corkscrew Commercial Center CPUD shall be developed using a common architectural theme throughout the project. All buildings will be designed to reflect a rural or rustic character. 3. The Corkscrew Commercial Center CPUD shall be designed and developed to minimize unnecessary outdoor lighting. Due to the rural character of the surrounding area, all light fixtures will be shielded to direct illumination only onto the subject property and will use the minimum brightness necessary. The developer will use the International Dark Sky Association recommendations, or similar technical standards, to ensure minimal impact to the area while providing safety for those using the site. 4. Because ambient noise levels are typically lower in rural areas than in urban areas, the developer shall minimize intrusive noise by prohibiting outdoor amplified music or television and will eliminate as many other sources of unnecessary sound as possible. 5. Only one, single -bay car wash facility may be permitted within the PUD, and shall only be permitted in Area 1 identified on the conceptual master plan. The car wash facility must be designed to utilize a recycled water system in order to minimize water and wastewater demand for the facility. 6. Compensating right -of -way (15 foot wide) for a right turn lane shall be dedicated by the owner to the County as a road easement to reimburse the County for the use of the existing Immokalee Road right -of -way. The compensation shall be along the length of the turn lane along Immokalee Road only. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. The dedication shall be performed prior to the first certificate of occupancy on the site. 7. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road property frontage and shall convey to the County a stormwater easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) foot wide stormwater easement, Collier County shall grant to the Developer transportation impact August 9, 2010 Page 8 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 39 of 137 fee credits equal to the fair market value of the stormwater easement on the date of it's conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD. If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals. If the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the stormwater easement for stormwater management and open space. Collier County shall incorporate the stormwater management into the roadway design for Immokalee Road. August 9, 2010 Page 9 of 9 BCCZ Agenda Item No. 17B October 26, 2010 GundlachNancy Page 40 of 137 From: Douglas Wilson [douglaswilson @earthlink.net] Sent: Saturday, August 21, 2010 5:24 AM To: maureen bonness; JeriCobb@johnrwood.com Cc: GundlachNancy; warnold @gradyminor.com; Big Island Bill @aol.com Subject: Re: CINA 8/17/10 Corkscrew Commercial Follow Up Flag: Follow up Flag Status: Flagged Maureen, You are of course welcome to submit any comments you like regarding this project as a private citizen, but originating this memo as "Maureen Bonness, Corkscrew Island Neighborhood Association" suggests that you are speaking for the Association, as do your references throughout. This is misleading. As you know, the Association speaks officially only through formal resolutions by the membership. At our meeting on August 17 there were no motions or resolutions regarding this project. The only resolutions we have passed have already been made a part of the county's record for the project. Doug Wilson Secretary Corkscrew Island Neighborhood Association At 10:16 PM 8/20/2010, maureen bonness wrote: >attached are comments concerning Corkscrew Commercial PUD and Corkscrew > Island Neighborhood Association. >No virus found in this incoming message. >Checked by AVG - www.avg.com >Version: 9.0.851 / Virus Database: 271.1.1/3084 - Release Date: 1 Attachment B page 1 of 5 Agenda Item No. 17B October 26, 2010 Page 41 of 137 Date: August 20, 2010 To: Bobby & Jeri Williams cc: Wayne Arnold, Nancy Gundlach, Doug Wilson From: Maureen Bonness, Corkscrew Island Neighborhood Association RE: Corkscrew Commercial Center CPUD Bobby & Jeri It was good to see you at the CINA meeting on August 17, and to hear your comments about your commercial area. 1) CINA members appreciate your willingness to participate in Dark Sky practices to reduce light pollution at night, and your willing prohibition against amplified outdoor music or TV. 2) Concerning the variances you have requested on wall construction on the north border (toward Corkscrew Swamp Sanctuary), we are far more concerned about noise than appearance. The adjacent parcel to the north is owned by the State of Florida and will likely never be a homestead. There is questionable value to requiring a hedge at this location — it will not abate noise, and there are no neighbors. However, I suggest adding a provisional clause that one year after the Commercial Center opens for business, the issue of noise be revisited to determine if other measures are required (e.g., an earthen berm or other wall construction). 3) Some CINA members continue to disagree with you about the closing time of the establishment, preferring 10 pm. 4) You have expressed cooperation in accommodating safety of school children at the bus stop at Platt/Immokalee Rd, as well as providing access for riders of a CAT transit bus stop if one is located near that intersection in the future. I appreciate your cooperation, and request that these items be specifically included in your plans and/or Conditions. School bus stop at Platt Rd/Immokalee Blvd, west side of intersection: This location is the school bus stop for 14 parcels on Platt Rd west of Immokalee Rd. There are six schools (elementary, middle, high schools in both Orange Tree area and in Immokalee) that have routes covering this intersection. (Note: the east side of the intersection has separate bus routes.) Since vehicles will be using Platt Rd. to access the Corkscrew Commercial Center, there must be consideration for the safety of children at the bus stop, as well as potential congestion problems due to parents/vehicles waiting near the bus stop. A possible solution is to provide a protected waiting area for the children at the far southeast corner of your Attachment B page 2 of 5 Agenda Item No. 17B October 26, 2010 Page 42 of 137 property (might need to reduce landscape vegetation), with pedestrian access between the waiting area and your parking lot. CAT bus stop: If a CAT bus stop is located at the turning lane adjacent to Corkscrew Commercial, you will construct ADA- compliant access between the transit stop and your parking lot. Sincerely Maureen Bonness Attachment B page 3 of 5 Agenda Item No. 17B �� (n October 26, 2010 Bob, I wish you had been able to attend last week's CINA meeting, because sure enough, the members discussed your project at length and passed a bunch of motions about it. I don't think any of them will come as a big surprise, but if you had been there, you might have shed some light or alleviated some concern. My primary purpose in writing today is to ask you if you or your consultants could send us your current submissions to the County in PDF form so I can circulate them to our Association members. Anyway, here are the motions: MOTION 1: That all establishments in the Williams mall be open no later than 10 pm in the evening. Moved by Jean McCollem, seconded by Maureen Bonness, carried unanimously. MOTION 2: That the light pollution in the Williams mall be reduced to the maximum feasible extent. Moved by Robera Wooster, seconded by Jean McCollem, carried unanimously. MOTION 3: That all external lights in the Williams mall be shut off at 10 pm. Moved by Mike Duever, seconded by Nancy Wilson, carried unanimously. MOTION 4: That six foot walls be installed on the west and north property lines of the Williams mall. Moved by Maureen Bonness, seconded by Mike Duever, carried unanimously. MOTION S: That the developers of the Williams mall work with Collier Area Transit (CAT) when designing their parking lot so as to facilitate access of buses. Moved by Maureen Bonness, seconded by Mike Duever, carried unanimously. MOTION 6: That the developers of the Williams mall consult with the School Board and the County Transportation about the safety of children getting on and off the buses. Moved by Roberta Wooster, seconded by Maureen, carried unanimously. MOTION 7: That the Transportation Department revisit whether a turn lane can be put in in the northbound and the southbound lanes at Platt Road to accommodate the Williams project. Moved by Roberta Wooster, seconded by Marie Tabraue, carried unanimously. MOTION 8: That Bobby Williams be asked to provide us with detailed information, hopefully in electronic PDF form, about the progress of the project with ample time to evaluate it. Moved by Jean McCollom, seconded by Maureen Bonness, carried unanimously. The consensus of the meeting was that the above concerns should be communicated to County staff and the Planning Commission prior to its upcoming deliberation on the project. Attachment B page 4 of 5 Agenda Item No. 17B October 26, 2010 - F.10y 44 of 137 AWP PLASTERING AND DRYWALL INC. 1580 40TH TERR.SW NAPLES, FL. 34116 Attention: Mr. Williams Re: Platt Road Dear Mr. Williams, My name is William L. McDaniel Jr., I am the managing member of McIvey L.L.C., and we own the SW corner of Platt and Immokalee Roads. It would be our hope that your project does install a hedge, in lieu of a wall, as a buffer towards Platt, we feel this would be a far more appealing representation, and better reflection of the rural character of our neighborhood. It is assumed that this buffer will be of substance sufficient to reduce the impacts of your project, that being said, a hedge is better than a wall. Sincerely, Ziff Attachment B page 5 of 5 mon r Q r CV O O ZCDLo C14 I'll 2-0 m Oa. U CO O Q 3 MW ION / NNW O U s �o �r /4 6z 'a's �o sC)z p 0 O Q � X04 0 � n ° d m U C�l 1z, U O'er Q Q �Q D J' r LS6 'a "7 `z lS6 a'S 0 SL -1 M� f � �w V Z z. 0, NI CQ G Z 0 Q U 0 c 's C C C C r C C O v 2 z o o O a � (9f9 - 'NO) - OVOH 331VN01VWl- S3ldVN i < N I § ............ ........ 0 r Y z � o 0 m � < � a a 3 MW ION / NNW O U s �o �r /4 6z 'a's �o sC)z p 0 O Q � X04 0 � n ° d m U C�l 1z, U O'er Q Q �Q D J' r LS6 'a "7 `z lS6 a'S 0 SL -1 M� f � �w V Z z. 0, NI CQ G Z 0 Q U 0 c 's C C C C r C C COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 Agenda Item No. 17B October 26, 2010 Page 46 of 137 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252- APPLICATION FOR PUBLIC HEARING FOR: F-1 AMENDMENT TO PUD (PUDA) PUD REZONE (PUOZ) 0 PUD TO PUD, REZONE (PUDZ -A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff' DATE PROCESSED ASSIGNED PLANNER .APPLICANT INFORMATION NAME OF APPLICANT(S) ROBERT E. WILLIAMS, TRUSTEE ADDRESS 3240 5TH AVENUE S.W. CITY NAPLES STATE FL ZIP 34117 TELEPHONE # 239- 455 -1024 CELL # FAX # E -MAIL ADDRESS: NAME OF AGENT Q. GRADY MINOR & ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34134 TELEPHONE # 239-947-1144 CELL # FAX # 239- 947 -0375 E -MAIL ADDRESS: HWILLIAMS @GRADYMINOR.COM NAME OF AGENT RICHARD D. YOVANOVICH, ESO. ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 - 435 -3535 CELL # FAX # 239-435-1218 E -MAIL ADDRESS: RYOVANOVICH@GCILAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Agenda Item No. 17B October 26, 2010 Page 47 of 137 :ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collieraov .net /index.aspx ?pane =774 NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS 2335 TAMIAMI TRAIL N., SUITE 308 CITY NAPLES STATE FL ZIP 34103 NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE AREA CIVIC ASSOCIATION MAILING ADDRESS 3153 41ST STREET SW CITY NA, PLES STATE EL ZIP 34113 NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE AREA CIVIC ASSOCIATION MAILING ADDRESS 5391 19TH PLACE SW CITY NAPLES STATE FL ZIP 34116 NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS PO BOX 990596 CITY NAPLES STATE FL ZIP .34116 NAME OF HOMEOWNER ASSOCIATION: CORKSCREW CIVIC ASSOCIATION a MAILING ADDRESS 7000 BIG ISLAND RANCH ROAD CITY NAPLES STATE FL ZIP 34120 Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint 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 Agenda Item No. 17B October 26, 2010 Page 48 of 137 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 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 Robert E. Williams, Trustee 16.67% 3240 5th Avenue SW Naples, FL 34117 Jeralyn J. Cobb 16.67% Calvin L. Williams 16.67% Marie S. Schaffer 16.67% Jeanelle Hall 16.67% Archie Williams 16.67% d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name 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 4,0 individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Agenda Item No. 17B October 26, 2010 Percentage of OwnePiWiP of 137 • 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 g. Date subject property acquired ® july 2006 leased ❑ Term of lease yrs. /mos. 6 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date 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. PROPERTY LOCATION Detailed legal description of the property covered by the application: (if space is inadequate, attach on separate page.) if request involves change to morer than one zoning district, include separate 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 1" to 400' scale) if required to do so at the pre - application meeting.' • il NOTE: The applicant is responsible for supplying questions arise concerning the legal description, an survey may be required. Section /Township /Range 27 / 47 / 27 Agenda Item No, 17B October 26, 2010 Pa e 5 of 137 the correct legal description. 5W of certification or sealed Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00113120107 and 00111240005 Metes & Bounds Description: THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 27 TOWNSHIP 47 SOUTH RANGE 27 EAST. LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT - OF -WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. Size of property: ft. X ft. = Total Sq. Ft. Acres: 8.4 +/- Address /general location of subject property: Approximately 3 miles north of Oil Well Road on Immokalee Road. The northwest corner of Platt Road and Immokalee Road. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ® Commercial ❑ Industrial Zoning N A -MHO S ROW. A -MHO E ROW, A -MHO W A -MHO ADJACENT ZONING AND LAND USE Land use Vacant Platt Road. residential, vacant Immokalee Road. residential Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section /Township /Range Lot: Block: Subdivision- Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the C -2 and MH zoning district(s) to the Commercial Planned Unit Development (CPUD) zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: General Office and Retail Original PUD Name: -n /a Ordinance No.: n a Agenda Item No. 17B October 26, 2010 Page 51 of 137 EVALUATION CRITERIA Pursuant to Section 10.02.13 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 Rezone Considerations (LDC Section 10.02.13.8) 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. Please see the attached narrative. 2. Adequacy of evidence of unified control and suitability of any proposed 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. Please see the attached narrative. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub -- district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub -- district, policy or other provision.) Please see the attached narrative. 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. Please see the attached narrative. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see the attached narrative. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see the attached narrative. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see the attached narrative. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications 10 • Agenda Item No. 17B October 26, 2010 of justified as meeting public purposes to a degree at least equivalent tcffiTe'rM of 137 application of such regulations. Please see the attached narrative. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have 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 petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? Yes ❑ No If so, what was the nature of that hearing? The Growth Management Plan and Future Land Use Map were amended to change the subject property from the Rural Fringe Mixed Use District - Neutral designation to Corkscrew Island Neighborhood Commercial Subdistrict in December 2007. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. 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 supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) 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 project will be subject to the then current code. (LDC Section 10.03.05.Q.) PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 17B October 26, 2010 Paste 55 -of 137 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 *OF COPIES REQUIRED NOT REQUIRE S'TAN.DARD ;:.REQII4;REMENTS, ..k „( > .n „ `. „�,.« ` ;L;4 • f: ,i.;: ; }x 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area Copies of detailed description of why amendment is necessary 24 Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from website for current form) 24 Pre-application meeting notes 24 Lai PUD Conceptual Master Site Plan 24" x 36" and One 8 Yx" x 11" copy 24 Revised Conceptual Master Site Plan 24" x 36 "and One 8 Y2" x 11" copy 24 Original PUD document /ordinance and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD 24 ❑ Revised PUD application. with changes crossed thru & underlined 24 Revised PUD application w /amended Title page w /ord #'s, LDC 10.02.13.A.2 24 Justification/ Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) 24 ® ❑ 2 Copies ofahe fofMowing; s Deeds /Legal's & Survey (if boundary of original PUD is amended) 2 ❑ List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 ® ❑ Covenant of Unified Control 2 Completed Addressing checklist 2 :!+, C¢pies pf:the fallko�vin97 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 ❑ Historical Survey or waiver request 4 Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 ❑ Survey, signed & sealed 4 ❑ Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " -400' 5 ® ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 Copy of Official Interpretation and /or Zoning Verification 1 If located in RFMU (Rural Fringe Mixed Use) Receivina Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Miti Via & Preue Lion Plan ", LDC Section 2.03.08. 2. .(b)i.c. lee- Applicant /Agent Signature Date • t 40 Agenda Item No. 17B October 26, 2010 Page 54 of 137 Corkscrew Commercial Center CPUD Project Description, Rezone Considerations and GMP Consistency Project Description The subject property is located on the west side of Immokalee Road north of Platt Road. The site is approximately 8.0 +/- acres which are currently zoned Mobile Home (MH) and Commercial Convenience (C -2). The property was recently re- designated on the Future Land Use Map as Corkscrew Island Commercial Subdistrict which allows the applicant to request this amendment to Commercial Planned Unit Development (CPUD). If approved, this site will serve the light commercial office and retail needs of the rural community that surrounds it. Rezone Considerations 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. Although the site is surrounded by a rural community, it has historically been used as a commerce center for residents. Half of the property was also used for mobile home dwellings. It is currently cleared of previous improvements except a driveway. Property to the north is owned by the Florida Internal Improvement Trust Fund and is included in a tower site lease. It is unlikely there will be development north of the subject property for quite some time, if it is ever permitted. Residential neighbors to the south and east border a major County thoroughfare that connects Immokalee to the coastal urban area. The site located to the west is developed with a single family home. The subject property will be developed with the appropriate development standards, including buffering and setbacks to diminish any impacts to neighboring residents. Those who live in the area must currently drive quite a distance to obtain basic goods and services. Trip lengths could be decreased significantly due to approval of this request. Once approved, the site will be designed to engineering standards for proper drainage and provision of utilities. Overall, the site is suitable for the anticipated type of development. 2. Adequacy of evidence of unified control and suitability of any proposed 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. The applicant has provided the forms required to demonstrate unified control of the site. Narrative, 9- 15- 09.doc Page 1 of BCCZ Agenda Item No. 17B October 26, 2010 Page 55 of 137 3. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Subdistrict, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Subdistrict, policy or other provision.) The subject property was recently re- designated to Corkscrew Island Commercial Subdistrict on the Collier County Future Land Use Map. Please see the Growth Management Plan consistency description below for additional information. 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. The proposed uses are consistent with those already allowed in accordance with the existing zoning designations of the property. Half the site already allows commercial use, and the other half allows mobile home residential development. The proposed uses are likely to create less impact on the neighboring properties because development will be done in a uniform manner. Internally, the site will include appropriate interconnections between uses. Appropriate limitations on building height and setbacks as well as landscape buffer requirements will decrease the visual impact of the development from the neighbors. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6 As shown on the conceptual plan, open space will meet or exceed the amount required by the Land Development Code. Green spaces around the buildings, landscape buffer areas and parking medians, along with other landscaped areas will meet this requirement. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilties, both public and private. The site will be developed with all necessary services in place. Water and wastewater will be provided via well and septic on -site, respectively. The Traffic Impact Statement, provided, indicates the surrounding road network has capacity for traffic generated by the proposed development. Water management systems will also be designed on -site to pre -treat and properly discharge stormwater. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Once developed, the commercial area will not be expanded. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Narrative, 9- 15 -09.doc Page 2 of 4 BCCZ Agenda Item No. 17B October 26, 2010 Page 56 of 137 is The proposed Corkscrew Commercial Center CPUD is in conformance with the Land Development Code (LDC) requirements for Planned Unit Developments. In fact, the PUD conforms to the LDC requirements, with the exception of one deviation request, which is justified in full. 1 Growth Management Plan Consistency Future Land Use Element The subject property is located within the Corkscrew Island Neighborhood Commercial Subdistrict on the Collier County Future Land Use Map. This Subdistrict was added to the Future Land Use Element (FLUE) in 2007 to reflect the need for commercial uses in appropriate portions of the Rural Area of Collier County. The Subdistrict specifically allows "retail, office, and personal service uses" on this site. The FLUE further encourages rezoning by Planned Unit Development approval, with common architectural theme, and allows up to a maximum of 70,000 square feet of gross leasable floor area. The proposed CPUD complies with the requirement that uses be limited to those within the C -2 zoning designation. Appropriate site design standards are in place within the PUD Exhibits to address the character of the area. Objective seven of the FLUE encourages consistency with the Community Character Plan. Policy 7.1 encourages connection to arterial roadways. In this case, Immokalee Road (C.R. 846) north of the property makes a 90- degree curving turn to the east. Access to the subject property is located on Platt Road to ensure safe ingress to and egress from the site. Internal traffic flow will be consistent with Policy 7.2. Policy 7.3 is met due to the access point on the adjacent local road, which also serves residential properties. Although Policy 7.5 encourages mixed use buildings, this Subdistrict does not permit that mix of uses. Therefore, the proposed PUD is consistent with these policies. Conservation and Coastal Management Element The Conservation and Coastal Management Element (CCME) contains goals, objectives and policies pertaining to native vegetation, listed species and other aspects of environmental quality. The subject property was previously cleared and developed, which indicates low environmental quality. In fact, the site does not contain any native vegetation. According to Policy 6.1.1, the applicant must commit to retaining 15 percent of any native vegetation areas as a preserve. That calculation is as follows: Existing Native Vegetation x 0.15 = Required Preserve Area 0.0 acres x 0.15 = 0.0 acres The site contains no evidence of any listed species. Therefore, the proposed commercial zoning district may be deemed consistent with the CCME. Narrative, 9- 15- 09.doc Page 3 of 4 BCCZ Agenda Item No. 17B October 26, 2010 Page 57 of 137 Transportation Element 9 The proposed commercial zoning should have a beneficial influence on the overall transportation network by reducing trip lengths. Local residents currently travel quite a ways to meet basic commercial needs. These trips impact several road links unnecessarily. More specific details are contained within the Traffic Impact Statement, which was prepared in accordance with the guidelines contained in Policy 5.1 of the Transportation Element. Significantly impacted links are analyzed for potential changes to level of service. No unacceptable decrease in level of service is anticipated. Therefore, the project may be deemed consistent with this Element of the Growth Management Plan. Economic Element Collier County adopted an Economic Element as part of the Comprehensive Plan in 2007. The first and only goal of that element states the County will provide "a positive business climate that assures maximum employment opportunities while maintaining a high quality of life ". Policy 3.8 states the County will "encourage and assist in the location of new companies that build on the traditional economic base ". The proposed zoning change will implement a recently added Subdistrict that will allow commercial uses in an area where they are currently few and far between. The subject property is fairly close to the Corkscrew Swamp Sanctuary. Convenience commercial uses near this tourist attraction could be beneficial. The policies associated with Objective Two of this element encourage enhancing the tourism industry in Collier County by creating a "friendly and hospitable tourist destination" (Policy 2.2) and also encourages eco- tourism (Policy 2.5). Overall, the Economic Element contains many requirements for government rather than a private business or developer. However, the proposed rezoning, if approved, would generate economic benefit to the community and should be considered consistent with this Element, Narrative, 9- 15- 09.doc Page 4 of 4 BCCZ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 178 October 26, 2010 Page 58 of 137 7800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 6434968 PRE- APPLICATION MEETING NOTES PUD Rezone (PUDZ) ❑ PUD to PUD Rezone (PUDZ -A) ❑ PUD Amendment (PUDA) Date: 1� ime:� Project Name: _ Q�l (PWSize0f Project Site: acres Applicant Name: Pnone: Owner Name: Phone: i Owner Address:&?_7 0 - � /T(/ ��%% City �Z State C ZIP 7 Existing PUD Name and Number Assigned Planner i Meeting Attendees: (atfach Sign In Sheet) Submittal requirements (see next page checklist); fjl I vv V G: \Current \Pre - Application Forms 20061PUD Rezone PUD Amendment PUD to PUD Rezone pre -app 011608.doc Agenda Item No. 17B October 26, 2010 Page 59 of 137 PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ -A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST 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 # OF COPIES REQUIRED NOT REQUIRED , ?SThMDAILIf,R'EQU1REhtf NTSt'vs,.;,f;;,,.�e•;.,,, "ti," «., „�:t,. ,x,.i,,,,,;.. 1 Additional set if located in the &syshore /Gateway Triangle Redevelopment Area Copies of detailed description of why amendment Is necessary 24 Completed Application (download from website for current form) 24 Pre-application meeting notes 24 PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/%" x 1 1 " copx 24 Revised Conceptual Site Plan 24" x 36 "and One 8'A" x 11" copy 24 Original PUD document and Master Plan 24" x 36" ONLY IF AMENDING THE PUD 24 Revised PUD document with changes crossed thru & underlined 24 Revised PUD document w amended Title gaRe w ord #'s LDC 10.02.13.A.2 24 Deeds /Legal's & Survey (if boundary of original PUD is amended) 2 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 Completed Addressing cheddist 2 Environmental Impact Statement (EIS) * or exemption justification 2 �( Dlgital /electronic copy of EIS i �( Historical Survey or waiver request 4 Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FWCCS Codes, Legend, and project boundary 5 Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 Justification /Rationale for the Deviations (must be on a separate sheet within the application material; DO NOT include it in the PUD documents 24 Affardabi Housing or Ecpporgtc`perrelomepf CRvntfil P,iraJects .k... r S, r:., 0 EDC "Fast Track" must submit approved copy of official application 0 Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. 2 0 If located in RFMU (Rural Fringe Mixed Use) Receivino Land Areas Applicant must contact Mr. Gerry J. Locavera, State of Florida Division of Forestry @ 239 - 690 -3500 for Information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.o.(b)i.c. (]1 located within 1/2 mile of City of Naples send copy of submittal Package to: AO Robin Singer, Planning Director vv City of Naples 295 riverside Circle Naples, FL 34102 —2- G:\Current\Pre- Application Forms 2006 \PUD Rezone PUD Amendment PUD to PUD Rezone pre -app 011608.doe • t C Agenda Item No. 17B October 26, 2010 Page 60 of 137 Fees: Application Fee: $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) $150.00 Fire Code Review ^ W, A 1 $2,250.00 Comprehensive Plonrfing Consistency Review $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. $760.00 Legal Advertising Fee for CCPC meeting $363.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). $2500.00 Environmental Impact Statement review fee $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certified return receipt nail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Se orate Check for Transportation Fees, (Refer to Exhibit `► $500.00 Methodology Review Fee, if required �� *Additional Fees to be determined at Methodology eeting Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner oHor to the due date SCHOOL DISTRICT PARKS & REC — Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 — EMER. MGMT — Jim Von ki7n—tWin—z UTILITIES ENGINEERING — Zamira Deltoro CDES Coordinator — Linda B. Route Sheet only Meeting Notes -1 r eo5 - 7`...x.5 ; i?'-c f Ao n c ir�t WN19nd Li he-S Ovy-%4 glen 6� L'is+e -a S-�,te.�s "e vi It-� —3— G:\Current\Pre- Application Forms 2006\PUD Rezone PUD Amendment PUD to PUD Rezone pre -app 011608.doc Agenda Item No. 17B October 26, 2010 Page 61 of 137 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.13.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. —4- G:1CurrentlPre- Application Forms 2006tPUD Rezone PUD Amendment PUD to PUD Rezone pre -app 011608.doc • LLL O A. o; C d a 0 a� m O c c 'c 0 N 0 c m 0 a m 0 w W Z a v W z zn- a N N d -a a W It a z O X CL ti Cry X 3 1J►?�. Q Cl) N a) y 0 4 ro a U G z 2 cn z z c� U O 4 m r• LU � � i �Q1 O/ ti > '. LU O lJ f` �� (J � � M CL N U E N LU { � v Pj U Qr �'•I uu o r v Al � � N Q Cl) N a) y 0 4 ro a U G z 2 cn z z c� U O 4 m N W LUa° CQ CL L JJ a V 1ti Z 1 LL. p Q , V W Zr` a Z d N 1f rl RI c C7 C Z o. C7 m c E 9 m G CD ❑ LL • t� U-11 ` � 7 1 Agenda Item No. 17B October 26, 2010 Page 64 of 137 lc� Clhvtp/ Z4 L4j/ 7* t�X�! �la�1n�� I�,1��5 (�� j �' App��ca,�l�c. �oit�i�,.s • r C,'� i �^ +2G' G,i�S! 1%tstors aez MQA. J Ll Corkscrew Commercial Center CPUD Deviation Justifications Deviation 1: Agenda Item No. 176 October 26, 2010 Page 65 of 137 Deviation #1 seeks relief from LDC Section 5.05.08.C.9, Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the west side of Building 1 and the north side of Building 2 to be treated as non - primary facades. Justification 1: The subject property is designed to serve the needs of area residents in the most efficient, low - impact way possible. Although the LDC architectural design standards are intended to create human -scale developments, the back of a commercial building is not within the public domain. The provision in question was intended to shield residents within the same PUD from non- residential buildings they would see from all sides. The requested deviation only removes the requirement from the north and west sides of the property. The property to the north has been owned by the State of Florida since 1983 (O.R. Bk. 1058 Pg. 1179) and is managed by the Internal Improvement Trust Fund. In fact, the State leased the site to the Department of Agriculture, Division of Forestry for 99 years for forestry and recreation uses. No detrimental impact is anticipated from the reduced standard on this side. The property located west of the site is developed with one single- family home and accessory structures. The home is approximately 135 feet from the shared property line. Appropriate landscape buffers, height limitations and setbacks are proposed to shield this neighbor from any potential impacts. No detriment to public health, safety or welfare is anticipated from the approval of this request. Deviation 2: Deviation #2 seeks relief from LDC Subsection 5.03.02.H.1.c, Fences and Walls, which requires a eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four -foot high hedge planted three feet on center in lieu of the wall. Justification 2: The requested deviation applies to the southern property line. The applicant wishes to retain the natural character of the surrounding environment by replacing the required masonry wall with a hedge on Platt Road, which is a private, local road. The property to the south is partially cleared and developed with a mobile home. The proposed hedge will provide an equivalent amount of shelter from on -site activity in a more natural, attractive manner. The purpose of the wall is to shield the neighboring site from noise and glare. The height of the proposed hedge will shield the neighbors from the lights of vehicles that may drive on the site or be parked there. Noise will be 0 attenuated through containment indoors and appropriate selection and limitation of uses. The Deviation Justifications, 8- 12- 2010.doc Page] of2 BCCZ Agenda Item No. 17B October 26, 2010 Page 66 of 137 adjoining private right -of -way is approximately 60 feet wide, and the landscape buffer is another ten feet in width. Use of the property would be located beyond these. The separation and proposed landscaping is an adequate buffer for the southern boundary. Additionally, the neighboring property owner has expressed support for a hedge in place of a wall. No detriment to public health, safety or welfare is anticipated from the approval of this request. Deviation 3: Deviation #3 seeks relief from LDC Subsection 5.03.02.H. La, Fences and Walls, which requires a six (6) to eight (8) foot high masonry wall within the landscape buffer along the western property line to allow for a double row six (6) to eight (8) foot hedge planted four feet on center in lieu of the wall. Justification 3: Similar to the previous request, the rural character of the area lends itself more to a vegetated buffer than to a masonry wall. The proposed landscape buffer would be 15 feet wide and the building would be set back at least 25 feet from this common property line. The height of the commercial building is limited to 25 feet. Noise and glare can be appropriately mitigated by the hedge and will soften the look of the buffer. No detrimental impacts to neighbors are anticipated from approval of this deviation request. Deviation 4: 0 Deviation #4 seeks relief from LDC Subsection 5.05.05.D.1, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15 foot wide type D landscape buffer. Justification 4: The reduction in the required landscape buffer along the Immokalee Road portion of the parcel which may be developed with a convenience store with gas pumps is warranted due to the 30 foot right of way reservation requested by Collier County. The project will continue to provide the required vegetation within the 15 foot wide buffer. The reduced buffer width will not create any health, safety or welfare concerns. r� Deviation Justifications, 8-12-20 1 0.doc Page 2 of 2 BCCZ • • • RETURN TO: THIS INSTRUMENT PREPARED WITHOUT OPWION BY: Kathleen C. Passidomo, Esquire KELLY. PASSIDOMO, AtBA A CASSWA, LLP 2390 Tamiami Trail North, Suite 204 Naples, Florida 34103 (239) 261 -3453 Tax Parcel ID Number: 00113120107 Agenda Item No. 17B October 26, 2010 Page 67 of 137 * ** 3874752 OR, 4075 PG: 2883 M1DI1 1n oft2C1A6 BMW of count mm, P1 07/21/2016 at 11:41At OI1W 1. no, CM Be M 10,11 me -,70 ,71 RetR: OILY PUSIO0114 IT AL 2390 TUTAII n 11241 IAPLIS 11 11143 Space Above This Line for Recording Datal WARRANTY DEED THIS WARRANTY DEED, made this day of July, 2006, BETWEEN ROBERT E. WH.LIAMS, A SINGLE MAN, GRANTOR AMn ROBERT E. WtLIdAMS, TRUSTEE OF THE ROBERT E. WILLIAMS TRUST DATED OCTOBER 5, 2004, with full power and authority to protect, conserve and to sell, lease, encumber or otherwise to tnaoage and disposeofthe real properyhereinaRerdescribod , whose post office address is32405 "Avenues amlraF1.3r117 �'YeN GRANTEE: (Wheno=used herein the leans "Smmcr" aid "grantee" include WI theparties to this insmancot and heirs, legal repmaenuoves, and asrlgas of individuals, and the suoeesson and assign of corporations, truss and uuuem) WrFNESSETH, that said Grantor, for and in eonaideration of the sum of TEN ANON W 100 DOuAlts (s 10.00), and other good and valuable consideration to avid Chtarz r in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, andsoldto the said Gnutce ,andChantee'sheiRandawipl forever, the following dpaibodland , situate; lying andbeing in Collier County, Florida, to-wit. The Northeast 1/g "kit 'N rtheast 1/4 o�ihl�S*theast 1/4 of section 27, Township 4j Sb _R_ange 27 East, Colk� Cdtnty, Florida, less the South 30 filet I�f,,,reselrved -for, ad purposes and except the right -of -way tlor ate RaatW&- ( vaea�laoi�) s Subject to tax for an sec u i eo n ratrkdon ettsemneats, rese a ails s, "�•" TOGCraEa with all the tenements h�Edi is and appunatao: o lon ng in anywise apptrtaining. tx "7. f To HAvs AND To HOLD, the same in fel:` forever. ��'` • �+ "� AND the Grantor hereby covenants with said- lo�-that the t rrantor'.le ly azed of said land in fee simple that the Cantor has good right and lawful authority to sell and ey nil ._ -Cy 41 il, by fully warrants the title to said land and will aµ ' defend the name against rite lawful claims of all pa7fo bi'tts�Ett Said land is free of ail encumbrances, except tares oceruing subsequent to December 31, 2003. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and dedivemd in our presence; Primed Namc;_ r' eogggd4,7 ROBERT E+ WII LtAMS Printed N —32 ^ STATE OF FLORIDA : SS COUNTY OF COLLIER , I HEREBY CERTIFY that on this day heforyme, an officer duly qualified to take acknowledgmcnts, personally appeared ROBERT E. WILLIAMS, a single man, who ,s personally known to me or 0 has produced a driver's license as identification and did not take an oath, and who executed the foregoing instrument and acknowledged before me that he executed the same. My Commission WITNESS and official seal in the Cou. State last aforesaid this day. of luly, 2006. 3 Printed Name of Notary Public J.'FXww gj D-L4 RETURN TO: THIS INSTRUMENT PREPARED WITHOUT OPINION BY: Kathleen C. Panklomo, Esquire XcLLY, PAssm mo, AIBA dt CAssNER, LLP 2390 Tarniami Trail North, Suite 204 Nepks,Florida 34103 (239) 261.3453 Tax Parcel I u r 00111U0005 Agenda Item No. 17B October 26, 2010 Page 68 of 137 * ** 3874756 OR: 4075 PG: 2888 x ** 11CORDID 10 0111CIAl lIC0101 of COU111 MITT, n 07/21/2006 At 11:11Ar 11112? 1. 110, CLIII uc fill 10.10 DOC•.71 ,70 letn: BUT 11331DOIC IT AL 2110 TAKIA1I TI 1 #214 I1f111 IL 34103 nSpaee Above Tiffs line for Recording De a] WARRANTY DEED THIS WARRANTY DEED, made this day of July, 2006, BETWEEN ROBERT E. WILLIAMS, A SINGLE MAN, GRANTOR, AND ROBERT E. Wri.l.ums, TRUSTEE OF THE ROBERT E. WILI.XAMS TRUST DATED OCTOBER 5, 2004, with full power and authority to protect, cmwerve and to sell, lase, encumber or otherwise to manage and dispose ofth e real property hetvivatw described, wixwse post office address is 2 5'Ayeame SW. Naples. FL 34117, GRATiI'EE: (Whenever used herein the terms Iscience aod'gryMa" include all the patties to this instrument and hcim, legal representatives, and assigns of imdMAitals, and the success= and assigns of oorpandoM busts and trusts") WFMESSMt that said Orentor, for and in consideration of the sum of Teu AND Not 100 DOLLARS (S 10.00), and other good and valuable consideration to mid Grainier in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Orantee, and Grantees heiirs judasaigtt4 forever, the following described land, situate, lying and being in Collier County, Florida, to -wir. • - " The Northeast 1/ a ortheast 1/4 o? the _ east 114 of Section 27, Township 4 S t Range 27 East, Coll3a[ Co aty, Florida, less the South 30 f t t e risowedfor. ad pu s and except the right-of-way or te' e Subject !o ter: far tsu u t e s• is oadl a, resttktious, sasemeats, rese (• t lid 1 to b d, rf r_ t.— —7XX�C! i ToGtTmm with all the tencmcnts, h '" ants and appurtenanoxs ill ac ion ng in anywise appertaining. r, TO HAVE AND To Hots, the same in f acto AND the Grantor hereby covahents with aa;a t ii a the Cantor is�a ljy' C4.d of said land in fee simple that the Grantor has good right and lawful authority to sell and (ir*'b 9 eby fully wumnts the title to said land and will defend the same against the lawful claims of all PQab� �W:and 6tai said land is free of all enwmbrancea, except terse accruing subsequent to December 31, 2005, ' "" IN W rrNESS WHEREOF, Gmntor has hereunto set Grantors hand and seal the day and year first above written Signed, sealed and delivered in our presence 6::26 / - Printed Name: i( Primed Na STATE OF FLORIDA SS COUNTY OF COLLIER ROBERT E. WQ.LIAMS I HEREBY CERTIFY that on Iris day before me, an officer duly qua! ihed to takeacknowledgments, perwnaliy appeared ROBERT E. WILLIAMS, a single man, who MTSpemonally known to me or Q has produced a drivers license as dcntification and did not take an oath, and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and ofTicial seal in the Co�tJpca State last 310 —aid rhi day of July, 2006. My Commission Expires: ````\�x ......... �i �r' Sro:a Publ' Printed Name of Notary Public j:RFw.w mty Deed.t • CJ • Corkscrew Commercial Center CPUD List of Owners Name Ownership Interest Robert E. Williams, Trustee 16.67% 3240 50' Avenue SW Naples, FL 34117 Jeralyn J. Cobb 16.67% Calvin L. Williams 16.67% Marie S. Schaffer 16.67% Jeanelle Hall 16.67% Archie Williams 16.67% • is Agenda Item No. 17B October 26, 2010 Page 69 of 137 Agenda Item No. 17B October 26, 2010 Page 70 of 137 AFFIDAVIT..:., We /I, Robert E. Williams being first duly sworn, depose and say that we /I am/are the owners of the property described 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 information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Q. Grady Minor and Associates, P.A. and Goodlette. Coleman, Johnson. Yovanovich and Koester, P.A. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Robert E. Williams Typed or Printed Name of Owner Signature of Property Owner rr� Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 2 _ day of 2008, by 0,W2*+ n _who is personally known to me or has produced _as identification. •� SZ '�c:a5-S b State of Florida County of Collier NOTARY PUBLIC -STATE OF FLORIDA Karen C. Stevenson Commission # DD467739 Expires: OCT. 14, 2009 Bonded Thru Atlantic Bonding Co., Inc. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) PUDZ application 2067[1] BCCZ • • • Agenda Item No. 17B October 26, 2010 Page 71 of 137 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as 00113120107.17711 Immokalee Read 00-11120005, 721 plats god (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Commercial planned unit development (CPUD) rotting. We hereby designate Q. Grady Minor and Associates, P.A. and Goodlette, Coleman, Johnson, Yovanovich, and Koester, P.A., legal representative thereof, as the Ind representatives of the property and as such, these individuals aro authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop, This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to CoUier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project. 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and retarded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit devolopment and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. C.4 aek c;wM' r &Qbsd ,,,Williams Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) P� Sworn to (or affirmed) and subscribed before me this 2S day of �t 2008 by who is personally known to me or hasEroduced L b L_ as identification. W— 4 7-7VS'— —v NOTjW PUBLIC -STATE OF FLORIDA Karen C. Stevenson CommiSSiOrl # DD467739 Bonded Th ug �009 uAdan� din co., 44M�S�Mm N Public typed, pri nted or stamped) (Serial Number, if any) PUDZ application 2007[1) BCCZ • Agenda Item No. 17B October 26, 2010 Paw00t2 /x4337 COLLIER COUNTY GOVERNMENT 28W NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34144 Tease complete the following and fax to the Addressing Department at 239 -659 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- applleation meeting. Not all items will apply to every project, Items in bold type mro required. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (check petition Tyne below, complete a separate Addressing Checkllst for each Petition Type) SL (Blasting Permit) SD (Boat Dock Extension) ❑ Carnlwal /Circus Permit cu (Conditional Ilse) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ LILA (Lot Line Adjustment) ❑ PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) ® PUD RezDne ❑ RZ (Standard Rezone) d SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI (Insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change— Unplatted) ❑ TOR (Transfer of Development Rights) [j VA (Variance) ❑ VRP (Vegetation Rerrloval permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER. LeuA•L UfSUKIPTION of Subject property or properties (copy oflenathvde,crintinn ma„ h. 9r+nnhe.,J, A — FOLIO (Property ID) NUM13ER(s) of above (attach to, or assoclate with, legal dascriptlon if mane than one) nni i -,zi com n,7 —4 nn./ A ., n I -- ADDRESS or Platt Road _ _. S a ar+rnc,auiC, it a1resay assigned) * LOCATION MAP must be attached showing exact location of prg1a01V$1te in rolation to nearest publlc road right -of -way . SURVEY ��p l,.... tY , - needed only for unpiatied properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (ifopplicabie) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP— - - pr AR # Page 1 of 2 x50 Agenda Item No. 17B October 26, 2010 PaWd2�6J3137 ADDRESSING CHECKLIST - PAGE TWO Project or development names proposed for, Or already appearing in, condominium documents {H appiicatiorr, Indicate whether proposed or existing Please Check orw ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Sharon Umpentlogr PHONE: 2 9.947 -1144 _ FAX 23a 7 -0375 Signature on Addressing Checklist does not oonstitute Project and/or Street Name approval and [s subject to further review by the Addressing Department, FOR STAFF US9 ONLY Primary Number "'l 'y.. L Address Number I Cm-1.1 Address Number Addres$ Number Approved by' / 11v�t a 6 ,0. —rte Date: D7-- zZ –013 Updated by: pate: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 GACurrernUlppllcation Fc- sAAddmssibg ChecWlst TO 020207.doc i� I I 1 i t • Agenda Item No. 17B October 26, 2010 Page 74 of 137 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows, Zoning Manager 4V PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staft) PROJECT NAME: Corkscrew Commercial Center CPUD LOCATION: (Common Description) Northwest corner of Immokalee Road (C.R. $46) and Platt Road. SUMMARY OF WAIVER REQUEST: Request for a waiver from the requirement for a Historical /Archaeological Survey and Assessment A letter from the Florida Department of State, Division of Historical Resources has been provided with this application. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical /archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical /Archaeological Survey and Assessment. Once the waiver 19 application has been submitted, it shall be reviewed and acted upon within five (5) I tistoric Preservation /Forms /11 /30/04 Agenda Item No. 17B October 26, 2010 Page 75 of 137 •'I working days. The waiver request shall adequately demonstrate that the area has low potential for historical /archaeological sites.) SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Robert E. Williams, Tr. Mailing Address: 3240 5th Avenue S.W., Naples, Florida 34117 Phone: (239) 455 -1024 FAX: B. Name of agent(s) for applicant, if any: D. Wayne Arnold Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: (239) 947 -1144 FAX: 239 - 947 -0375 C. Name of owner(s) of property: Robert E. Williams, Tr. Mailing Address: 3240 51h Avenue S.W., Naples, Florida 34117 Phone: (239) 455 -1024 FAX: Note: If names in answers to A and /or B are different than naive in C, notarized letter(s) of authorization from property owner (C) must be attached. r Histuri. onns J I..i(),'04 • 1k] Agenda Item No. 17B October 26, 2010 Page 76 of 137 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: square feet, or 8.0 +/- acres Width along roadway: 678± feet along Immokalee Road Depth: 591± feet C. Present use of property: The property was previously developed and is now cleared and vacant. D. Present zoning classification: Commercial Convenience (C -2) and Mobile Home (MH) IIim(trii Prc'�Qrval;un 1 m 1)Ls I t.301 ;( 4 Agenda Item No. 17B October 26, 2010 Page 77 of 137 • SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph The aerial identifies land uses which have been developed without having evidence of historical or archeological artifacts to the west, south and east. The land to the north is undeveloped and wooded. The subject property was previously developed and is now a vacant and cleared. 2. Historical Land Use Description: 4 3. Land, cover,. formation and vegetation description: The property was previously developed and is now vacant, cleared land with little vegetation. 4. Other: B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. r t9isturic Prsu�:vium'Frn•n>a 1 I:.+UHt$ • 7 Agenda Item No. 17B October 26, 2010 Page 78 of 137 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8' /z" x 14 ") folder. Signature of Applicant or Agent -3, U),q Printed Name of Applicant or Agent D. Wayne Arnold, AICP -`1'O BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION - SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3. Denied on; _ (see attached) 16:06- P"Oel-11A)"I o ms 11 3,011(14 5 Agenda Item No. 17B October 26, 2010 Page 79 of 137 RECEIVED APR 2 9 2005 `�°� �►• Q. Grady Nnor FLORIDA DEPARTMENT OF STATE & Anoc kilos, RA' Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES Ms. Sharon Umpenhour April 21, 2005 Q. Grady Minor & Associates, P,A. 3800 Via Del Rey Bonita Springs, Florida 34134 -7569 RE: DHR Project File Number: 2005 -3236 Received by DHR April 8, 2005 Robert E. Williams Parcels at 1771 Inmiokalee Road Collier County Dear Ms. Umpenhour: In accordance with the procedures contained in the applicable local ordinance or land development code, we reviewed the referenced project for possible impact to cultural resources (any prehistoric or historic district, site, building, structure, or object) listed, or eligible for listing, in the National Register of Historic Places, or otherwise of historical, archaeological, or architectural value. We have reviewed the Florida Master Site File and our records and no cultural resources are known to exist in the area of potential effect. Therefore, based on the information provided, it is the opinion of the office that no cultural resources will be affected by this undertaking. If you have any questions concerning our comments, please contact Scott Edwards, Historic Preservationist, by electronic mail sedwards©dos.statefl.us, or at 850- 245 -6333 or 800 - 847 -7278. Sincerely, Av - / -/ Frederick P. Gaske, Director, and State Historic Preservation Officer 500 S. Bronough Street • Tallahassee, FL 32399 -0250 . http: / /www.flheritage.com O Director's Office O Archaeological Research ® Historic Preservation O Hist6rical Museums , (850) 24"300 - FAX 245.6436 (850) 245.6444 - FAX: 245 -6436 (850) 245 -6333 - FAX: 245-6437 (850) 245 -6400 - FAX: 245 -6433 O Southeast Regional Office C1 Northeast Regional Office t7 Central'Florida Regional Office (954) 467 -4990 - FAX 4674991 (904) SZ -5045 - FAX: 8255044 (813) 272 -3843 - FAX: 272 -2340 .{ '15P' +' i �',i v-7� ` -• � y i`r�� y w � � t r '�'i(. ,.� rr T t>�. � S".v + ti Y . 7';' *f ,. v c �! y t;r,,N � �7`�`i ,f� �n. ro' 4 t�•r i � ? .3' } . v, -. d -��.. -��r K -o �,,. i MF ♦ ; ,'.4 a.x f 9 . `j � t � •t,�'t ��"� a . , r t r C � �4 µ ; _ ^r`� 1 � t<, N :S� � r {l•� �t Y�',iji !': w +Sr+�. �•tr` t -a +: �' k � 4•z' J "•''j� i y��s'' 71r � .yr+� rte,,. r�,.y�� i., - f ', .t i 1 � 4 t l,'. fit. W Y�� r�i �, i 5' 1 f }..~.!� ^`y' ..� a ''�„ 1 '• � � �rCS < r �_ { - ry � t r`S.N ��ti A� Yom- ti ! rj A .r rY i� �ry�i,a' E�f�F cwt •x'��t � is 4�",y�.u• �a '{� v f ,� !r r.,+.a a1T;` r :tY }�; a! Fei��Mj °`�y � ^ice. •t- I v y i'� � 7�,J,< `"w;, � r ,L � � 'tom i'1 - ter 4 � � ... T; '� �+` 1}•i+rt„�"^.p )f '/yjXrxpr,��l,y�yM' yF'° � 1. swArT � �P'x P ?.t . . -\L >.rt ��; v .f'i}•:'TC•yG�, '?.. � - v,�1 R,,cAn'4.1^. �k �iY�+tY" i y4 S tA FY '£ �7�+£. A� 7, �•, �'h, '' §M y� { rt ' ��1 , ,� � '8,j �1, �.� }� �+. �� t 7 to t q i "a.:x. ti rh v {:S� r Y•4 a'�?, �� f7; (i �a}3y��ir} -°� a h t�j�~s '�`� .,,��* 5t7 � �' '''� � 1� ,'�� t '+�, ' �` oz, :'�. ,t'•tt,.' �i �.,x a ��'# r y L ''� •� 7 . � � } }}�xrY ° rte; 1s'i� �' �,'� � x'� t t � " ''i a ,^ *� . •. rt "st; ,.1, �(. � 1� ',��.f r pp� 'U s � L 4 � k � „ ?ir n�,, ^{£ t • '„ 5y.e J i tl c' q� F 3U. w k 4 hti` ?<A `t xy t vin '� d ,'r$ xy� a x' a n 'ae '>+.,� ti `.a •,�. L>t..�„�,�: t �=' --� r � "�. � :><`' pg Y Fa � r. i 2 tiY _�S}i X�.itCt /aY"Zrr ` ` -'•t iw. a .w +1l t Agenda Item No. 17B October 26, 2010 Page 81 of 137 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREQUEST APPLICANT .'I N FORMATION NAME OF APPLICANT(S) ROBERT E. WILLIAMS ADDRESS 3240 STH AVENUE SW CITY NAPLES STATE FL ZIP 34117 TELEPHONE # 239 -455 -1024 CELL # FAX # E -MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 17711 Immokalee Road and 721 Platt Road LEGAL DESCRIPTION'. Section /Township /Range 27 / 47 / 27 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 001 13120107 and 001 1 1 240005 Metes & Bounds Description: THE NORTHEAST ONE -- QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT -OF -WAY FOR STATE ROAD 846 COLLIER COUNTY FLORIDA TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME PROVIDE NAME d. PRIVATE SYSTEM (WELL) c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) A . SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) • Agenda Item No. 17B October 26, 2010 Page 82 of 137 STATEMENT OF UTILITY PROVISIONS - page 2 • TOTAL POPULATION TO BE SERVED: 70.000 square feet PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 8.225 GPD AVERAGE DAILY 8.225 GPD B. SEWER -PEAK 8,225 GPD AVERAGE DAILY 8,225 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NARRATIVE STATEMENT: 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 engineer. It is proposed to construct a non - transient, non - community public water system with a well and basic water treatment with disinfection. The wastewater system will consist of multiple on -site (septic) wastewater systems. Design, permitting, construction and operation will be in accordance with applicable Florida Department of Environmental Protection and Collier County Health Department Rules. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project 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 project 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. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project 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. 0 i.fi �' %✓' i 0. ty CY LS � ix Ai sit` tl-�' Klu�ty ty , y 6xo#.,M; 7 r 26; s y WH tt � y sit` tl-�' Klu�ty ty , y 6xo#.,M; 7 r 26; , 4L - � _. .. _,. 5; :... - {�,i .. -. >, �:-: i Y.. ..T -+ ,'...'.� ., .� t%2 xhiRf4` ;, '��'�, i:✓ ;� _${755 rp 4 W J 41 , t�Zp- 21M fINJ -01 W, Ilk a - e 1• 5 >� Y y j i r rr 7� a 4 1 i. •, y ?, x!951 t' 1 4 r � ' : � r? �'► =]rah t1 a.,,�'� t S � f`+. y ■. �, -t7t�s B 1 I Fi" ■ ll i r rr 7� a 4 1 i. •, y ?, x!951 t' 1 4 r � ' : � r? �'► =]rah t1 a.,,�'� t S � f`+. y ■. �, -t7t�s B 1 I Fi" ■ g", lStt "M�#r am d ;tab , iv pwi fa ga _7771� 71 KIM, N. i%O ay _�7 77 -r CQ F",77 cm fo LOD A CU- V g", lStt "M�#r am d ;tab , iv pwi fa ga _7771� 71 KIM, N. i%O ay _�7 77 -r EXIHBIT A CORKSCREW COMMERCIAL CENTER CPUD PERMITTED USES I. Permitted Uses Agenda Item No. 17B October 26; 2010 Page 87 of 137 The 8t acre commercial project shall be developed with no more than 60,000 square feet of gross leasable floor area. 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: A. Principal Uses: 1. Accounting — Group 8721 2. Adjustment and collection services — Group 7322 3. Advertising agencies — Group 7311 4. Apparel and accessories store (up to 1,800 square feet) — Groups 5611, 5621, 5632, 5641, 5651, 5661, 5699 5. Architectural services — Group 8712 6. Auditing — Group 8721 7. Automobile parking, parking garages & structures — Group 7521 8. Banks, credit unions and trusts — Groups 6011, 6019, 6021, 6022, 6029, 6035, 6036, 6061, 6062, 6081, 6082, 6091, 6099 9. Barber shops (except barber schools) — Group 7241 10. Beauty shops (except beauty schools) — Group 7231 11. Bookkeeping services Group 8721 12. Business consulting services — Group 8748 13. Business credit institutions — Groups 6153, 6159 14. Child day care services — Group 8351 15. Churches — Group 8661 16. Civic, social and fraternal associations — Group 8641 17. Commercial art and graphic design — Group 7336 18. Commercial photography — Group 7335 19. Computer and computer software stores (up to 1,800 square feet) — Group 5734 20. Computer programming — Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377, 7378, 7379 21. Credit reporting services — Group 7323 22. Debt counseling only — Group 7299 23. Direct mail advertising services — Group 7331 24. Eating places — Group 5812 25. Education services — Groups 8211, 8221, 8222 26. Educational plants 27. Engineering services — Group 8711 September 9, 2010 Page 1 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 88 of 137 28. Essential services, subject to LDC Section 2.01.03 29. Food stores, except supermarkets (up to 2,800 square feet) — Groups 5411, 5421, 5431, 5441, 5451, 5461, 5499 30. Funeral services (except crematories) — Group 7261 31. Garment pressing, and agents for laundries and drycleaners — Group 7212 32. Gasoline service station, subject to LDC Section 5.05.05 (allowed in Area 1 only, with a maximum of 5,000 square feet and 12 vehicle fueling positions) -- Group 5 541 33. General merchandise stores — Groups 5331, 5399, 34. Group care facilities (category I & H, except homeless shelter), subject to LDC Section 5.05.04. 35. Hardware stores -- Group 5251 36. Health services — Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049 37. Home furniture, furnishings, equipment store — Groups 5713, 5714, 5719 38. Home health care services — Group 8082 39. Insurance agencies, brokers, carriers — Groups 6311, 6321, 6324, 6331, 6351, 6361, 6371, 6399, 6411 40. Landscape architects, consulting & planning — Croup 0781 41. Legal services — Group 8111 42. Libraries (except regional libraries) — Group 8231 43. Loan brokers — Group 6163 44. Management and public relations — Groups 8741, 8742 45. Mortgage bankers and loan correspondents — Group 6162 46. Musical instrument stores — Group 5736 47. Paint, glass, wallpaper stores — Group 5231 48. Personal credit institutions — Group 6141 49. Photocopying and duplicating services — Group 7334 50. Photofinishing laboratories, pick -up and drop -off establishments only — Group 7384 51. Photographic studios — Group 7221 52. Physical fitness facilities (physically integrated and operated in conjunction with another permitted use in this district) — Group 7991 53. Public relations services — Group 8743 54. Radio, television and consumer electronics store — Group 5731 55. Radio, television and publishers advertising representatives — Group 7313 56. Real estate — Groups 6531, 6541, 6552 57. Record and prerecorded tape stores — Group 5735, excluding adult oriented sales and rentals 58. Religious organizations — Group 8661 59. Repair services — miscellaneous, excluding aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines — Groups 7629, 7631 60. Retail services - miscellaneous — Groups 5912, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5961 61. Secretarial and court reporting services — Group 7338 September 9, 2010 Page 2 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 89 of 137 62. Security and commodity brokers, dealers, exchanges services — Groups 6211, 6221, 6231, 6282, 6289 63. Shoe repair shops or shoeshine parlors — Group 7251 64. Social services, individual and family — Group 8322 65. Surveying services — Group 8713 66. Tax return preparation services — Group 7291 67. Travel agents, and no other transportation services — Group 4724 68. United States postal service, excluding major distribution center — Group 4311 69. Veterinary services — Group 0742, Excludes outdoor kenneling 70. Videotape rental — Group 7841, excluding adult oriented sales and rentals 71. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places (restricted to inside of building number 3). 3. Car Wash (single bay, drive- through, allowed in Area 1 only) — Group 7542 4. Caretaker's residence, subject to LDC Section 5.03.05. 5. Outdoor Seating (no amplified music or sound shall be permitted) 6. Sidewalk sales, subject to LDC Section 4.02.12. September 9, 2010 Page 3 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 90 of 137 EXHIBIT B CORKSCREW COMMERCIAL CENTER CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the Corkscrew Commercial Center CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE I Development Standards for Commercial District * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ Principal Structures Accessory Structures Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Minimum Setbacks — External From External Rights -of -way 25 feet SPS From Western and Northern Boundary 25 feet SPS Minimum Setbacks — Internal Internal Drives/ROW 10 feet 10 feet Preserve 25 feet 10 feet Minimum Separation of Structures 10 feet or Y2 sum of building heights, whichever is greater 10 feet Maximum Building Height Maximum Zoned Height g 1 story, ry, not to exceed 25 feet 1 story, not to exceed 25 feet Maximum Actual Height g 1 story, ry, not to exceed 30 feet 1 story, not to exceed 30 feet Minimum Floor Area 1,000 square feet * N/A Maximum Gross Leasable Area 60,000 square feet N/A * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ — •--- - - - - -- M1'M3D9 erruns y WATER MANAGEMENT AREA ■ DRY DETENTION ■ W i I ,�• Q� C o a $�{ ep � � •c . i s 9 a y,u ■u, a,■, uw ,ri ■, m ,■ui •, ,■ ,alto 'in ■, ■, i■ir iru , ■,r uw a u,r ,rw o E k Wp A da It �3 col RE; �s � g� $ _ Rw W ;— �I E _D �� W ��Tll —+� �K �yW°j •iW1 'f. ��" rn.��l. n Foe �� =8 �N � � �F �o �$uo Ho J3 s^,^ `� Tvn, •• � 8t .:. oa Agenda Item No. 17B October 26, 2010 Page 92 of 137 EXHIBIT D CORKSCREW COMMERCIAL CENTER CPUD LEGAL DESCRIPTION The subject property is 8.0 +/- acres, is located in Section 27, Township 47 South, Range 27 East, and is more fully described as follows: THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT -OF -WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. September 9, 2010 Page 6 of 9 BCCZ Agenda Item No, 17B October 26, 2010 Page 93 of 137 EXHIBIT E CORKSCREW COMMERCIAL CENTER CPUD DEVIATIONS Deviation #1 seeks relief from LDC Section 5.05.08 C.9, Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the west side of Building 1 and the north side of Building 2 to be treated as non - primary facades. 2. Deviation #2 seeks relief from LDC Subsection 5.03.02 H.Lc, Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4) -foot high hedge planted three (3) feet on center in lieu of the wall. Deviation 43 seeks relief from LDC Subsection 5.05.05 D.1, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15 -foot wide Type D landscape buffer. September 9, 2010 Page 7 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 94 of 137 EXHIBIT F CORKSCREW COMMERCIAL CENTER CPUD DEVELOPER COMMITMENTS Regulations for development of the Corkscrew Commercial Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GNP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 2. The Corkscrew Commercial Center CPUD shall be developed using a common architectural theme throughout the project. All buildings will be designed to reflect a rural or rustic character. 3. The Corkscrew Commercial Center CPUD shall be designed and developed to minimize unnecessary outdoor lighting. Due to the rural character of the surrounding area, all light fixtures will be shielded to direct illumination only onto the subject property and will use the minimum brightness necessary. The developer shall follow International Dark Associations (IDA) "Simple Guidelines for Outdoor Lighting Regulations" and shall specify "Fixture Seal of Approval" (FSA) lighting by the IDA. 4. Because ambient noise levels are typically lower in rural areas than in urban areas, the developer shall minimize intrusive noise by prohibiting outdoor amplified sound excluding intercom systems utilized for communication with service attendant. 5. Only one, single -bay car wash facility may be permitted within the PUD, and shall only be permitted in Area 1 identified on the conceptual master plan. The car wash facility must be designed, built and operated utilizing a recycled water system in order to minimize water and wastewater demand for the facility. 6. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road property frontage and shall convey to the County a stormwater easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) foot wide stormwater easement, Collier County shall grant to the Developer transportation impact fee credits equal to the fair market value of the stormwater easement on the date of it's conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD. If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals. If the County fails to timely complete its appraisal, the owner may obtain its own September 9, 2010 Page 8 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 95 of 137 appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the stormwater easement for stormwater management and open space. Collier County shall incorporate the stormwater management into the roadway design for Immokalee Road. 7. No outdoor dining or activities shall be permitted after 10:00 p.m., except that fueling operations can occur beyond 10:00 p.m. 8. A six (6) feet high wall shall be constructed within the project's western PUD landscape buffer, and shall extend from Platt Road, north approximately five hundred (525-+) feet, which shall be at least 20 feet beyond the northern edge of the parking area, as shown on the PUD master plan. Landscaping shall be provided on the exterior of the wall in accordance with the requirements of the LDC. 9. Any tenant space located within Building 43 and occupied by a restaurant use shall be required to utilize construction methods incorporating noise attenuation techniques such as additional insulation materials on walls and ceilings. Windows and doors must.remain closed except when patrons are entering or exiting the premises. September 9, 2010 Page 9 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 96 of 137 ORDINANCE NO. 10- 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 COMMERCIAL (C -2) AND MOBILE HOME (MH) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT, WITH REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, CHURCH AND SCHOOL USES. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, 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 27, Township 47 South, Range 27 East, Collier County, Florida, is changed from Commercial (C -2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay Corkscrew Commercial Center PUDZ- 2008 -AR -14048 Rev. 9/08/10 Page 1 of 2 Agenda Item No. 17B October 26, 2010 Page 97 of 137 to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural Fringe Mixed Use Neutral Lands Overlay, to be known as the Corkscrew Commercial Center CPUD in accordance with Exhibits A through F, attached 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 , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Concept Plan Exhibit D - Legal Description Exhibit E — List of Deviations Exhibit F - Developer Commitments CP\08- CPS - 00915155 Corkscrew Commercial Center PUDZ.- 2008 -AR -14048 Rev. 9/08/10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA : Page 2 of 2 FRED W. COYLE, Chairman EXHIBIT A CORKSCREW COMMERCIAL CENTER CPUD PERMITTED USES I. Permitted Uses Agenda Item No. 17B October 26, 2010 Page 98 of 137 The 81 acre commercial project shall be developed with no more than 60,000 square feet of gross leasable floor area. 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: A. Principal Uses: 1. Accounting — Group 8721 2. Adjustment and collection services — Group 7322 3. Advertising agencies — Group 7311 4. Apparel and accessories store (up to 1,800 square feet) — Groups 5611, 5621, 5632, 5641, 5651, 5661, 5699 5. Architectural services — Group 8712 6. Auditing — Group 8721 7. Automobile parking, parking garages & structures — Group 7521 8. Banks, credit unions and trusts — Groups 6011, 6019, 6021, 6022, 6029, 6035, 6036, 6061, 6062, 6081, 6082, 6091, 6099 9. Barber shops (except barber schools) — Group 7241 10. Beauty shops (except beauty schools) — Group 7231 11. Bookkeeping services — Group 8721 12. Business consulting services — Group 8748 13. Business credit institutions — Groups 6153, 6159 14. Child day care services — Group 8351 15. Churches — Group 8661 16. Civic, social and fraternal associations — Group 8641 17. Commercial art and graphic design — Group 7336 18. Commercial photography — Group 7335 19. Computer and computer software stores (up to 1,800 square feet) — Group 5734 20. Computer programming — Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377, 7378, 7379 21. Credit reporting services — Group 7323 22. Debt counseling only — Group 7299 23. Direct mail advertising services — Group 7331 24. Eating places — Group 5812 25. Education services — Groups 8211, 8221, 8222 26. Educational plants 27. Engineering services — Group 8711 September 9, 2010 Page 1 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 99 of 137 28. Essential services, subject to LDC Section 2.01.03 29. Food stores, except supermarkets (up to 2,800 square feet) — Groups 5411, 5421, 5431, 5441, 5451, 5461, 5499 30. Funeral services (except crematories) — Group 7261 31. Garment pressing, and agents for laundries and drycIeaners — Group 7212 32. Gasoline service station, subject to LDC Section 5.05.05 (allowed in Area 1 only, with a maximum of 5,000 square feet and 12 vehicle fueling positions) — Group 5541 33. General merchandise stores — Groups 5331, 5399, 34. Group care facilities (category I & II, except homeless shelter), subject to LDC Section 5.05.04. 35. Hardware stores — Group 5251 36. Health services — Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049 37. Home furniture, furnishings, equipment store — Groups 5713, 5714, 5719 38. Home health care services — Group 8082 39. Insurance agencies, brokers, carriers — Groups 6311, 6321, 6324, 6331, 6351, 6361, 6371, 6399, 6411 40. Landscape architects, consulting & planning — Group 0781 41. Legal services — Group 8111 42. Libraries (except regional libraries) — Group 8231 43. Loan brokers — Group 6163 44. Management and public relations — Groups 8741, 8742 45. Mortgage bankers and loan correspondents — Group 6162 46. Musical instrument stores — Group 5736 47. Paint, glass, wallpaper stores — Group 5231 48. Personal credit institutions — Group 6141 49. Photocopying and duplicating services -- Group 7334 50. Photofinishing laboratories, pick -up and drop -off establishments only — Group 7384 51. Photographic studios — Group 7221 52. Physical fitness facilities (physically integrated and operated in conjunction with another permitted use in this district) — Group 7991 53. Public relations services — Group 8743 54. Radio, television and consumer electronics store — Group 5731 55. Radio, television and publishers advertising representatives — Group 7313 56. Real estate — Groups 6531, 6541, 6552 57. Record and prerecorded tape stores — Group 5735, excluding adult oriented sales and rentals 58. Religious organizations — Group 8661 59. Repair services — miscellaneous, excluding aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines — Groups 7629, 7631 60. Retail services - miscellaneous — Groups 5912, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5961 61. Secretarial and court reporting services — Group 7338 September 9, 2010 Page 2 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 100 of 137 62. Security and commodity brokers, dealers, exchanges services — Groups 6211, 6221, 6231, 6282, 6289 63. Shoe repair shops or shoeshine parlors — Group 7251 64. Social services, individual and family — Group 8322 65. Surveying services — Group 8713 66. Tax return preparation services — Group 7291 67. Travel agents, and no other transportation services -- Group 4724 68. United States postal service, excluding major distribution center — Group 4311 69. Veterinary services — Group 0742, Excludes outdoor kenneling 70. Videotape rental — Group 7841, excluding adult oriented sales and rentals 71. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses /Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places (restricted to inside of building number 3). 3. Car Wash (single bay, drive- through, allowed in Area 1 only) — Group 7542 4. Caretaker's residence, subject to LDC Section 5.03.05. 5. Outdoor Seating (no amplified music or sound shall be permitted) 6. Sidewalk sales, subject to LDC Section 4.02.12. September 9, 2010 Page 3 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 101 of 137 EXHIBIT B CORKSCREW COMMERCIAL CENTER CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the Corkscrew Commercial Center CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE I Development Standards for Commercial District * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ Principal Structures Accessory Structures Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Minimum Setbacks — External From External Rights -of -way 25 feet SPS From Western and Northern Boundary 25 feet SPS Minimum Setbacks — Internal Internal Drives /ROW 10 feet 10 feet Preserve 25 feet 10 feet Minimum Separation of Structures 10 feet or V2 sum of building heights, whichever is greater 10 feet Maximum Building Height Maximum Zoned Height 1 story, not to exceed 25 feet 1 story, not to exceed 25 feet Maximum Actual Height 1 story, not to exceed 30 feet 1 story, not to exceed 30 feet Minimum Floor Area 1,000 square feet * N/A Maximum Gross Leasable Area 60,000 square feet I N/A * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ a n i Wo 9g t'< Y K U z k W v. w QSj��mbi zQ�7p^p� o oX 2� pswi YiWU�•W V�Z y <� mW m OKIK �m WwU O� Ng P. .:` .. vi. gm IINI, \ \ \N\ II/IIII III/III ♦\ \\N i7 iII _ � Ii . >.z IIIIs �. rip, a n i Wo 9g t'< Y K U z k W w QSj��mbi zQ�7p^p� Q,3 oX 2� pswi YiWU�•W V�Z y <� mW m OKIK �m WwU O� Ng :M Ow •�. U on 4.1 u■ irirui uu ire■ iru a +r, uu uni rud r Rp <w� o; NS D W qqQ � a N O C� C U'O ND n � e 3r 3M�,y L ga _ Y �Z■ ftlCJ:- 0 4� Y a w U I a 14 m 0 41 2 w a O � U R a S 2 5 x fill y E� Lr - C -fi e ® ug 4 6 m $ 0 9g t'< Y K U z k W w QSj��mbi zQ�7p^p� Q,3 oX K6 C �Pu pswi YiWU�•W V�Z y <� mW m OKIK �m WwU OV gm :M Ow •�. U on 4.1 u■ irirui uu ire■ iru a +r, uu uni rud r Rp <w� o; NS D W qqQ � a N O C� C U'O ND n � e 3r 3M�,y L ga _ Y �Z■ ftlCJ:- 0 4� Y a w U I a 14 m 0 41 2 w a O � U R a S 2 5 x fill y E� Lr - C -fi e ® ug 4 6 m $ 0 Agenda Item No. 17B October 26, 2010 Page 103 of 137 EXHIBIT D CORKSCREW COMMERCIAL CENTER CPUD LEGAL DESCRIPTION The subject property is 8.0 +/- acres, is located in Section 27, Township 47 South, Range 27 East, and is more fully described as follows: THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT -OF -WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. September 9, 2010 Page 6 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 104 of 137 EXHIBIT E CORKSCREW COMMERCIAL CENTER CPUD DEVIATIONS Deviation #1 seeks relief from LDC Section 5.05.08 C.9, Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the west side of Building 1 and the north side of Building 2 to be treated as non -primary facades. 2. Deviation 42 seeks relief from LDC Subsection 5.03.02 H.l.c, Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4) -foot high hedge planted three (3) feet on center in lieu of the wall. 3. Deviation #3 seeks relief from LDC Subsection 5.05.05 D.1, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15 -foot wide Type D landscape buffer. September 9, 2010 Page 7 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 105 of 137 EXHIBIT F CORKSCREW COMMERCIAL CENTER CPUD DEVELOPER COMMITMENTS 1. Regulations for development of the Corkscrew Commercial Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 2. The Corkscrew Commercial Center CPUD shall be developed using a common architectural theme throughout the project. All buildings will be designed to reflect a rural or rustic character. 3. The Corkscrew Commercial Center CPUD shall be designed and developed to minimize unnecessary outdoor lighting. Due to the rural character of the surrounding area, all light fixtures will be shielded to direct illumination only onto the subject property and will use the minimum brightness necessary. The developer shall follow International Dark Associations (IDA) "Simple Guidelines for Outdoor Lighting Regulations" and shall specify "Fixture Seal of Approval" (FSA) lighting by the IDA. 4. Because ambient noise levels are typically lower in rural areas than in urban areas, the developer shall minimize intrusive noise by prohibiting outdoor amplified sound excluding intercom systems utilized for communication with service attendant. 5. Only one, single -bay car wash facility may be permitted within the PUD, and shall only be permitted in Area 1 identified on the conceptual master plan. The car wash facility must be designed, built and operated utilizing a recycled water system in order to minimize water and wastewater demand for the facility. 6. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road property frontage and shall convey to the County a stormwater easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) foot wide stormwater easement, Collier County shall grant to the Developer transportation impact fee credits equal to the fair market value of the stormwater easement on the date of it's conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD. If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals. If the County fails to timely complete its appraisal, the owner may obtain its own September 9, 2010 Page 8 of 9 BCCZ Agenda Item No. 17B October 26, 2010 Page 106 of 137 appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the stormwater easement for stormwater management and open space. Collier County shall incorporate the stormwater management into the roadway design for Immokalee Road. 7. No outdoor dining or activities shall be permitted after 10:00 p.m., except that fueling operations can occur beyond 10:00 p.m. A six (6) feet high wall shall be constructed within the project's western PUD landscape buffer, and shall extend from Platt Road, north approximately five hundred (525 ±) feet, which shall be at least 20 feet beyond the northern edge of the parking area, as shown on the PUD master plan. Landscaping shall be provided on the exterior of the wall in accordance with the requirements of the LDC. 9. Any tenant space located within Building 43 and occupied by a restaurant use shall be required to utilize construction methods incorporating noise attenuation techniques such as additional insulation materials on walls and ceilings. Windows and doors must remain closed except when patrons are entering or exiting the premises. September 9, 2010 Page 9 of 9 BCCZ tm1wm3w $ a ! -- -- -- -- - -- - -- _ Q V ■ 1 DRV DETENTION WATER J O ,— IL ■1i a'a uv . . . . . . . . . . . 'll • , Utedd Item R 17B o =oD H tober 2010 ge 1 of 137 Sri w ■ ■ 8 ■f i 6 ■ i• CAR WASH ■_ ° Z � iS N � � � N : j SOD c� ❑ OW. o ■ I EE�i � � w • i ■ C P. � a: o 0 0 czR shm, ■'s, I ■� ■I I ■I ■I ■I I ■I ■I ■I I■ I ■I■I■ ■I ■I ■I ■I ■I■ WE ■I■ I ■I ■I J ■I ■I ■I ■I■ ■I ■" t wW w 0zw sWLLs z w w W ^ -. -�k w p p �yrc o � w a° saF €ssMs aafiWI a N`Ns aWO ' baI aA? B a me 1 o F O 1 a a=M� aWwsbpIa - � a � N e 8 z i p a .z p `a • r y y� -- g pppQ I- 1z u 8uNpOwpua W , U�?awp �j ,S 0 _"' + ?' �_ ¢ • sa i : = _ x� t..p �. .T g �Jepa °p o Q" H wp o a z � w ~ a 0o C N50 2 � w a � 2C p Nw y �V <�� ✓Ji 0 w 06 ¢ zz -8 .0o w� ox $ a Nw U�¢W�NOp pJ 0a ri7o r� n i �Q�p2 uUFOw w0uu WiC Q> ayJ =N Imo# f m a mom° WS °U OFjm UW p0 pZ f k wo.yy C rc wyFm ¢N3¢O ¢Nmga Od nn U L'. H w °ww° wa3�W w�yp ZU w ZUw a ° ° N S o °w;i °W p° S;S G � W avjo w zQaO rc ° �N� = �a2(�Vl`1®a z E r wl o ruo �aF i°z Q E o w H oa ' 'a` is wz oz3 wig ° - ° � m 3 4 Agenda Item No. 17B October 26, 2010 Page 108 of 137 TRAFFIC IMPACT STUDY FOR Corkscrew Commercial Center CPUD Prepared for: Robert E. Williams 1580 East 40' Terrace SW Naples, FL 34116 Prepared by: GradyMinor Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Phone: (239) 947 -1144 Fax: (239) 947 -0375 Revised December 2009 Revised September 2009 Revised March 2009 September 2008 GAPRO1- PLANNING \BCCZ \T1S \TIS Report2 9- 09.DOC Agenda Item No. 17B October 26, 2010 Page 109 of 137 Table of Contents 1.0 INTRODUCTION 3 2.0 SCOPE 3 3.0 TRIP GENERA'T'ION 3 4.0 TRIP ASSIGNMENT 3 5.0 DISCUSSION 4 6.0 FIGURES AND MAPS 5 6.1 FIGURE 1- LOCATION MAP 5 6.2 FIGURE 2- NET NEW PEAK PM HOUR TRIP DISTRIBUTION 6 6.3 FIGURE 3- NET NEW PEAK PM HOUR TRIP DISTRIBUTION WITH DIRECTION 7 7.0 TRIP GENERATION TABLES 8 7.1 TABLE 1- TOTAL PM PEAK HOUR PROJECT TRIP GENERATION 8 7.2 TABLE 2- ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR 9 7.3 TABLE 3- TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS 9 7.4 TABLE 4- TOTAL PM PEAK HOUR EXTERNAL NON -PASS BY PROJECT TRIPS 10 7.5 TABLE 5- PROJECT DIRECTIONAL DISTRIBUTION 11 7.6 TABLE 6- IMPACTED SEGMENTS AND LEVEL OF SERVICE 12 8.0 APPENDICES — SUPPORTING DATA 13 8.1 APPENDIX -1- TRIP GENERATION CALCULATIONS (PROPOSED USE) 13 8.2 APPENDIX -2- TRIP GENERATION CALCULATIONS (EXISTING PERMITTED USE)_ 14 8.3 APPENDIX 3 — INTERNAL CAPTURE (PROPOSED USES) 15 8.4 APPENDIX 4 — INTERNAL CAPTURE (EXISTING PERMITTED USES) 16 8.5 APPENDIX 5 - COLLIER COUNTY 2009 AUIR 17 8.6 APPENDIX 6 — METHODOLOGY MEETING NOTES 19 GAPROJ - PLANNING \BCCZ \TIS \TIS RepoiU 9- 09.DOC Agenda Item No. 17B October 26, 2010 Page 110 of 137 1.0 INTRODUCTION The proposed Corkscrew Commercial Center CPUD is an 8f acre parcel located on the west side of Immokalee Road, on the northwest comer of its intersection with Platt Road, which is approximately 3 miles north of Oil Well Road in Sections 27, Township 47 South, Range 27 East, Collier County, Florida. The subdistrict proposes a maximum of 60,000 square feet of commercial development, permitting a variety of retail, office, and personal services uses generally consistent with uses found in the C -2 neighborhood commercial zoning district including the 5,000 square feet of convenient market with gasoline pump with maximum of 12 vehicle fueling positions. The existing zoning for the subject property are MH for 4 -acre parcel and C -2 for remaining 4 -acre parcel. The maximum possible existing permitted uses on these existing zoning would be 16 dwelling units of Mobile Home Park on 4 -acre parcel and 30,000 square feet of retail Shopping Center on remaining 4 -acre parcel. For project location please refer to Figure 1 for Location Map. The parcel will be accessed from Platt Road. 2.0 SCOPE The following analyses are included in this report: 1. Trip Generation Calculations presented for Peak Season Daily Traffic (PSDT) including the respective peak hour volumes. 2. Trip Assignment within the Radius of Development Influence (RDI). 3. Existing Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and Level of Service (LOS). 4. Discussion of impacts to roadways within the RDI. 3.0 TRIP GENERATION The 8th Edition Trip Generation published by the Institute of Transportation Engineers (ITE) is used for trip generation calculations provided in this report. The land use code 820 for Shopping Center is used for 55,000 sq. ft. of the proposed commercial development and land use code 853 for Convenient Market with Gasoline Pumps for the remaining 5,000 sq. ft. of commercial use. The Convenient Market with Gasoline Pumps will have maximum of 12 Vehicle Fueling Position. Also for informational purpose only, the trip generation for 60,000 sq. ft. of shopping center is shown on Table 1B. The existing permitted uses for the subject property are Mobile Homes Park and Retail Shopping Center. The existing permitted trips are calculated using the land use code 240 for Mobile Home Park for 16 Occupied Dwelling Units and 820 for 30,000 sq. ft. area of Shopping Center. Please refer to Tables 1 through 4. The trip generation for the proposed use is estimated to be 655 trip ends during the highest peak hour (PM). The existing permitted trips are estimated to be 295 trip ends during the highest peak hour (PM). This results in a net trip generation of 360 trip ends during the highest peak hour (PM). Please refer to the DISCUSSION section for details concerning the effects of these traffic volumes on the level of service for roadway links within the RDI. 4.0 TRIP ASSIGNMENT The projected directional distribution of traffic to and from Corkscrew Commercial Center CPUD site was determined using population and surrounding trip attractions. The project directional distribution is shown on GAPROJ - PLANNING \BCCZ\TIS \TIS Repoi -C 9- 09.DOC Agenda Item No. 17B October 26, 2010 Page 111 of 137 Table 5 for both proposed trips and net new trips. Table 6 provides details regarding the significance test for impacts to road segments on the surrounding roadway network The Peak Hour Peak Direction traffic volumes on the roadway segments adjacent to the project area as provided on the Collier County AUIR for the years 2005 to 2008 are shown on the following table. The table shows the average growth rate on individual roadway segments adjacent to the project area. The growth rate calculated on the table below will be used to determine the future background traffic for those roadway segments with higher growth rate than 2 %, on remaining roadway segments, with less than 2% of growth rate, the minimum growth rate of 2% will be used to determine the future traffic on adjacent roadways per Collier County TIS Guidelines. 30.1 Collier Blvd Immokalee Rd to Vanderbilt Bch Rd 1120 1080 1120 1120 0.0% 44 Immokaiee Rd Collier Blvd to Wilson Blvd 1260 1330 1580 1401 4.3% 45 Immokalee Rd Wilson Boulevard to Oil Well Road 1510 1180 1570 1597 4.3% 46 Immokalee Rd Oil Well Rd to SR 29 230 280 330 262 6.3% 43.2 Immokalee Rd Logan Blvd to Collier Blvd N/A N/A 1800 1399 -7.4% 59 New Market Rd Broward St to SR 29 400 400 430 448 3.9% 82 S. R. 29 I -75 to Oil Well Rd 110 110 100 129 6.6% 83 S. R. 29 oil Well Rd to New Market Road 1 420 1 450 1 440 1 404 1 -1.1% 84 S. R. 29 New Market Road to N. 15th Street 630 660 630 661 1.7% 85 S. R 29 N. 15th Street to New Market Road 560 750 620 550 1.8% The proposed peak hour peak direction project trips generated by the project are less than 2% of the service volume of adjacent roadways except for the accessed roadway segments. The project trips impact the accessed roadways, Immokalee Road segment between I -75 and SR 29; however the level of service will remain at the acceptable standards as the roadway segments have sufficient remaining capacity. 5.0 DISCUSSION The impact of project traffic volumes on the roadway network surrounding the project is not significant except for the segment between I -75 and SR 29 on Immokalee Road. However, the level of service (LOS) of the segment on Immokalee Road remains at the acceptable standards. All segments will operate at LOS Standard or better. All segments will also have excess peak hour capacity greater than the projected trip generation for the subject property. GAPROJ - PLANNING \BCCZ\TIS \TIS Report2 9 -09.DOC Agenda Item No. 17B October 26, 2010 Page 112 of 137 6.0 FIGURES AND MAPS 6.1 FIGURE 1- LOCATION MAP LOCATION MAP GAPROJ - PLANNING\BCCZ\TIS \TlS Report2 9 -09.DOC I Nunn MEMEMMIN-1 a MENEM MEN MENEM. a I NEEMENWIMMEE! RJR 0 Uri MEN MINE ME e LOCATION MAP GAPROJ - PLANNING\BCCZ\TIS \TlS Report2 9 -09.DOC Agenda Item No. 17B October 26, 2010 Page 113 of 137 6.2 FIGURE 2- NET NEW PEAK PM HOUR TRIP DISTRIBUTION 259 15 NET NEW PEAK PM TRIP DISTRIBUTION FIGURE 2 XX% — PROJECT TRIP DISTRIBUTION REFERENCE BAREFOOT COMMERCIAL CENTER (CPUD) �oxE V� Q. GRADY MINOR & ASSOCIATES, P.A. .� ❑VIL F.NGMFFRS•UNDSURVEr • HRNNFlS•IwND3L'A�E.iR('NITE('f5 FIGURE 2 ww.cnworMn+ouvM � °i G:\PROJ - PLANNING\BCCZ \TIS \TIS Report2 9- 09.DOC iI f 6 j I Agenda Item No. 17B October 26, 2010 Page 114 of 137 6.3 FIGURE 3- NET NEW PEAK PM HOUR TRIP DISTRIBUTION WITH DIRECTION 35 NET NEW PEAK PM HOUR TRIP DISTRIBUTION WITH DIRECTION FIGURE 3 XX XX :PEAK PM HOUR TRIP DISTRIBUTION WITH DIRECTION BAREFOOT COMMERCIAL CENTER (CPUD) Q. crva. GAD Y • wMro aurtvOe R &Awmsc�Peeac, xPn.A. R n®O A. FIGURE 3 VWW.GMOYMMO0.COM11 � SGOY + SHCfT 1' OP GAPROJ - PLANNING \BCCZ \TIS \TIS Report2 9- 09.DOC 7 i 7.0 TRIP GENERATION TABLES Agenda Item No. 17B October 26, 2010 Page 115 of 137 7.1 TABLE 1- TOTAL PM PEAK HOUR PROJECT TRIP GENERATION USES Convenience Market with Gasoline Pumps 1 853 112 VFP" I T = 19.07 (X� 229 Shopping Center 820 55 Th. Sq. Ft. A. I Ln(T) = 0.67 Ln(X� + 3.37 426 TOTAL 655 * Variable = Vehicle Fueling Position (VFP) EXISTING PERMITTED USES NET NEW TOTAL PM PEAK HOUR PROJECT TRIP GENERATION rJ TABLE 1B — TOTAL PM PEAK HOUR PROJECT TRIP GENERATION The trip generation for proposed 60,000 sq. ft. of shopping center is shown below for the comparison purpose only. The total Peak PM Hour trips generated by 60,000 sq. ft. of shopping center is way less than the trips generated by the combination of proposed Convenience Market with, Gasoline Pumps (12 vehicle fueling positions) and Shopping Center (55,000 sq. ft.). Therefore, the trip generation shown on Table 1 for the combined use of Convenience Market with Gasoline Pumps and Shopping Center will be used in the trip calculation. G:\PROJ - PLANNING \BCCZ\TIS \T1S Report2 9- 09.DOC 8 mk , 0 P) G:\PROJ - PLANNING \BCCZ\TIS \T1S Report2 9- 09.DOC 8 Agenda Item No. 17B October 26, 2010 Page 116 of 137 7.2 TABLE 2- ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR PROPOSED USES Convenient Market with Gasoline Pumps 229 50 %150% 114/115 Shopping Center 426 49 0/o/51% 209/217 TOTAL 655 49 %/51% 323/332 EXISTING PERMITTED USES Mobile Home Park 11 64 %/36% 0 7/4 Shopping Center 284 49 %/51% 139/145 TOTAL 295 49 %/51% 146/149 NET NEW TOTAL to 360 1 49 %/51% 1 177/183 7.3 TABLE 3- TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS PROPOSED USES Convenient Market with Gasoline Pumps 229 46 183 Shopping Center 426 46 380 TOTAL 563 *See Appendix 3 for Internal Capture Calculation for Proposed Uses EXISTING PF.RMTTTFD TT.QFQ Mobile Home Park 11 4 7 Shopping Center 284 4 280 TOTAL 287 -__ . - rr - °w^ •�• �•.�,..�, .,av—, i.aiwmuuu iur rxlsung renninea uses GAPROJ - PLANNING\BCCZ \TIS \TIS Report2 9- 09.DOC 9 NET NEW TOTAL Agenda Item No. 17B October 26, 2010 Page 117 of 137 7.4 TABLE 4- TOTAL PM PEAK HOUR EXTERNAL NON -PASS BY PROJECT TRIPS Pass -By Reduction Calculation: Per FDOT, the number of pass -by trips should not exceed 10% of the adjacent street traffic during the peak hour or 25% of the project's external trips. The Peak Hour Peak Direction traffic on the adjacent street is 262 trips. Proposed Uses: 10% of adjacent street traffic during peak hour = 10% of 262 trips = 26 trips 25% of project's Proposed Uses external trips = 25% of 563 trips = 141 trips Therefore, the pass -by reduction for the Proposed Uses is 36 trips. Existing Permitted Uses: 10% of adjacent street traffic during peak hour = 10% of 262 trips = 26 trips 25% of project's Existing Permitted Uses external trips = 25% of 287 trips = 72 trips Therefore, the pass -by reduction for the Existing Permitted Uses is 26 trips. PROPOSED USES EXISTING PERMITTED USES NET NEW TOTAL After all Reductions Applied) ?EAK PM HOUR NON PASS -BY EXTERNAL TRIPS 276 1 141 135 GAPROJ - PLANNING \BCCZ \TIS \TIS RepoiU 9- 09.DOC 10 i Agenda Item No. 17B October 26, 2010 Page 118 of 137 7.5 TABLE 5- PROJECT DIRECTIONAL DISTRIBUTION Immokalee Rd Oil Well Rd to Project 70% 193 99 95 hnmokalee Rd Wilson Blvd to Oil Well Rd 60% 166 85 81 Immokalee Rd Project to S. R. 29 30% 83 42 41 Immokalee Rd Collier Blvd to Wilson Blvd 40% 110 56 54 Immokalee Rd Logan to Collier Blvd 25% 69 35 34 Oil Well Road Immokalee Rd to Camp Keais Rd 10% 28 14 14 Oil Well Road Camp Keais Rd. to SR 29 5% 14 7 7 S.R. 29 I -75 to Oil Well Rd 5% 14 7 7 S.R. 29 New Market Rd to N. 15th St. 5% 14 7 7 New Market Rd Broward St to SR 29 2% 6 3 3 Camp Keais Road Oil Well Rd to Immokalee Rd 5% 14 7 7 Collier Blvd Immokalee Rd to Vanderbilt Bch Rd 15% 41 21 20 S.R. 29 Oil Well Rd to New Market Rd 3% 8 4 4 S.R. 29 IN. 15th St to New Market Rd 5% 14 7 7 Randall Blvd I Immokalee to Everglades 10% 28 14 14 GAPROJ - PLANNING \BCCZ\TIS \TIS Repoi -C 9- 09.DOC No. 17B 26, 2010 19 of 137 U q o: Q U U p] z z a .a a a Ir en v w U q U m .�w m CO U tq be aq P ai ie U � e e e e a e e e e e e e st? rJ. � 00 N T �D 00 } 4 � 00 10 O O Oi b N r N N h N N s 5t In � r y N v m 'i r r 00 M vvii 00 1D vl N Y T SD N 00 ,� N Ori t t _71 ug'ilq N iP O O t� b S p M f'�'1 `00 00 n 00 n 00 N . . . . . . . . . . . . . . . . . . Ill, ya rA V) 3 En 3 En r� z z.::. q .'`.', <' z 14 04 aS c COL o cG W v v~ d W. y o Flo n• z `V > a �• o o 3� o z Z Z z z z z O Z 3 3 x Z 3 Y> A W O O O rj y p v� U S o z U U G O n m C W O FP -1 -1 C O D U o y,. No. 17B 26, 2010 19 of 137 U q o: Q U U p] z z a .a a a Ir en Agenda Item No. 17B October 26, 2010 Page 120 of 137 8.0 APPENDICES — SUPPORTING DATA 8.1 APPENDIX -1- TRIP GENERATION CALCULATIONS (PROPOSED USE) Trip Generation Handbook 8th Edition TRIP GENERATION REPORT FOR PROPOSED PERMITTED USES: Land Use: Convenience Market with Gasoline Pumps Land Use Code: 853 Variable: 12 Vehicle Fueling Position S.No Description Equation Total Trips Enter Exit A Weekday 1 Average Vehicle Trip Ends on Weekday Ln = 0.65 Ln X + 5.83 1 Average Vehicle Trip Ends on Weekday T=542.6(X) 6511 3256 3256 2 Peak AM Hour of Adjacent St. Traffic T =16.57 X 199 99 99 3 Peak PM Hour of Adjacent St. Traffic IT =19.07 X 229 114 114 Land Use: Shopping Center Land Use Code: 820 Variable: 55 Th. Sq. Ft. Area S.No Description Equation Total Trips Enter Exit A Weekday 1 Average Vehicle Trip Ends on Weekday Ln = 0.65 Ln X + 5.83 4604 2302 2302 2 Peak AM Hour of Adjacent St. Traffic Ln = 0.59 Ln X + 2.32 100 61 39 3 Peak PM Hour of Adjacent St. Traffic Ln = 0.67 Ln X + 3.37 426 209 217 G:\PROJ - PLANNING \BCCZ \TIS \TIS RepotU 9 -09.DOC 13 Agenda Item No. 17B October 26, 2010 Page 121 of 137 8.2 APPENDIX -2- TRIP GENERATION CALCULATIONS (EXISTING PERMITTED USE) Trip Generation Handbook 8th Edition TRIP GENERATION REPORT FOR EXISTING PERMITTED USES: Land Use: Mobile Home Park Land Use Code: 240 Variable: 16 Occupied Dwelling Units S.No Description Equation Total Trips Enter Exit A Weekday 1 Average Vehicle Trip Ends on Weekda T = 3.52(X) + 277.51 334 167 167 2 Peak AM Hour of Adjacent St. Traffic Ln T = 0.64 Ln X + 0.96 15 3 12 3 Peak PM Hour of Adjacent St. Traffic T = 0.57(X) + 2.06 11 7 4 Land Use: Shopping Center Land Use Code: 820 Variable: 30 Th. Sq. Ft. Area S.No Description Equation Total Trips Enter Exit A Weekday 1 Average Vehicle Trip Ends on Weekday Ln T = 0.65 Ln X + 5.83 3105 1553 1553 2 Peak AM Hour of Adjacent St. Traffic Ln T = 0.59 Ln X + 2.32 71 43 28 3 Peak PM Hour of Adjacent St. Traffic Ln T = 0.67 Ln X + 3.37 284 139 145 GAPROJ - PLANNING \BCCZ\TIS \TIS Report2 9- 09.DOC 14 8.3 APPENDIX 3 - INTERNAL CAPTURE (PROPOSED USES) W D 2z U) Lu �o� W UJI © W V W (D J w CL J W I— z G z Q Em oa °1 0� d a Ci 0 0 0 0 N M M ai �L O m m v Q W 0 Q J 0 m �W,M� Lu 0 H m m a —roiQMI co W WW N 0 w w IL `ro W a Cu o 04 U o w � md'� w�a ee Em oa °1 0� d a Ci 0 0 0 0 N M M ai �L O m m v Q W 0 Q J 0 m �W,M� Lu 0 H m m a —roiQMI W ro ro W m w w G:\PROJ - PLANNING \BCCZ \TIS \TIS Report2 9- 09.DOC o o° N N v C V C o O ca °e 4 N N E n m W U) Q J Agenda Item No. 17B October 26, 2010 Page 122 of 137 w o W W WW 00 oae w `ro W Cu Z 04 md'� ee W W Q 0 � V N Om W WW�\ ti W ro ro W m w w G:\PROJ - PLANNING \BCCZ \TIS \TIS Report2 9- 09.DOC o o° N N v C V C o O ca °e 4 N N E n m W U) Q J Agenda Item No. 17B October 26, 2010 Page 122 of 137 w o W W 15 WW 00 w `ro Z 04 md'� ee W Q � V N WW�\ 15 8.4 APPENDIX 4 — INTERNAL CAPTURE (EXISTING PERMITTED USES) F. w zN a0w o P = w E... au0 ii uJ _j Paz J W � Z D z a n �m m.. 0 �o �m CS R� m o E� oa >m CD 0i! d 0 � o o � C .M- mIM Q w N a 0 LL F d v °a .°d 22 1 Q 1!J N Q J � V CL VO FW�w� �G SO W Ras s R O m d C � 3am�° ro � X 2 m wH � I Uw GAPROJ - PLANNING \BCCZ\TlS \TIS Report2 9- 09.DOC M N .r C Gf c N � W w N �NNep� t'9 c m C N~9 �NNer� w o a C N w "'o Q 0 z 5 0 Q N O N w W ti _ w ti ro � X 2 m wH � I Uw GAPROJ - PLANNING \BCCZ\TlS \TIS Report2 9- 09.DOC M N .r C Gf c N � W Agenda Item No. 17B October 26, 2010 Page 123 of 137 � N wL 4 1 L4 w N c m t'9 c m O N~9 �NNer� w C N "'o Q Ipt�a z 5 Agenda Item No. 17B October 26, 2010 Page 123 of 137 � N wL 4 1 L4 16 w �NNer� C "'o Ipt�a w Q O N _ w ti w Lu 16 Agenda Item No. 17B October 26, 2010 Page 126 of 137 8.6 APPENDIX 6 — METHODOLOGY MEETING NOTES APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:03 /04/2009 Time: 8:30 a Location: East Conference Room, CC Transportation Department People Attending: Name, Organization, and Telephone Numbers 1) Michael Greene 2) John Podczerwinsky. 3) Hiedi Williams 4) Binod Basnet 5) Study Preparers Preparer's Name and Title: Binod Basnet P.E.. Project Manager Organization: Q. Grady Minor & Associates. P.A. Address & Telephone Number: 3800 Via Del Rev, Bonita Springs, FL 34134 Phone: (239) 947 -1144 Reviewer(s): Reviewer's Name & Title: John Podczerwinsky, Project Manager Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: Robert E. Williams Address: 1580 East 40`h Terrace SW. Naples, FL 34116 Telephone Number: Proposed Development: Name: Barefoot Commercial Center CPUD Location: On the west side of Immokalee Road, on the northwest comer of its intersection with Platt Road, which is approximately 3 miles north of Oil Well Road in Sections 27 Township 47 South, Range 27 East, Collier County, Florida Land Use Type: Shopping Center and Convenient Market with Gasoline Pumps ITE Code #: 820 and 853 oC--- Proposed number of development units: 55.000 sq. ft. of Shopping Center and 5,000 sq ft. of Convenient Market with Gasoline Pumps (12 Fueling Positions) j/�, Fv 7r, JH. I. MH; HGL: 7CS ,4JB➢Vl�S,GFFAfMGWA1Vrekf1*1kkW rtxrtwyIv— I,v -IdtI u3t fxh*4 A.i� Y"/ "(��^-� -/� 5 ot:) GAPROJ - PLANNING \BCCZ \T1S \TIS Reportt2 9- 09.DOC 19 Other. Description: Zoning M 5 4s -" 'CATS L-6-- Existing: Comprehensive plan recommendation: / Requested: Findings of the Preliminary Study: Small Scale TIS ❑ Study Area: Additional Horizon Y Analysisz7 Off -Site Developments: Source of Trip Generation Rates: 1 Minor TIS ❑ Reductions in Trip Generation Rates: None: Pass - trips: Int al trips (PUD): ansmit use: �S Other: Ho ' on Year Roadway Network Improvements: Agenda Item No. 17B October 26, 2010 Page 127 of 137 YA N ! 'f LS . 94-y 4 eN Methodology & Assumptions: Non -site traffic estim I s: Site -trip generatio . (� � Trip distributio method: Traffic assi ent method: C— Traffic wth rate: .i °RO.i i"...SFit2LY:i TiG;S!B'.?.9M'tl.'WAS GA.PA! fsV :'Cd+'?hrf!Sil�;!!r,;,cbk�,yy meu(nt� Wesr_e=6d#: ww EviggA &T GAPROJ - PLANNING \BCCZ\TIS \T1S Report2 9- 09.DOC 20 Agenda Item No. 17B October 26, 2010 Page 128 of 137 Special Features: (from prel' ' ary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & figuration: Traffiic control: Signal system 'on & progression needs: On -site g needs: Data So Base m Prior y reports- A s policy and jurisdiction: view process: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 Major Study - $1:5W.00 Includes 2 intersections Additional Intersections - $500.00 each All fees mW he agwod to during the Methodology meeting and must be paid to Transpoftwion prior to our sign -off on the application. SIGNATUR S r1 n,tn i Study Applicant F.i i'.JJ - ?'i- 4MP.•; !u OJ�S1�?5:; f « _�`wt'S'�SfrA rBW�h'r�grrT;$JL #4:,cJatry nrroa;y rryx _re :sed #; wic+ FwriL;t R da GA\PROJ - PLANNING \BCCZ \T1S \T1S Repo;t2 9- 09.DOC 21 Agenda Item No. 17B October 26, 2010 Page 129 of 137 EXHIBIT A Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re- submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Study" Review - No Additional Fee Qncludes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Study Review" -.$750 Fee (Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right -o# -way, review of site access and circulation, and preparation and review of "sufficiency" comments /questions. " Maior Study Review" - $1,500 Fee (Includes two intersection analysis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments /questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. c:iPi.0.1- M NNiNG C _: &: 3.'Nd..b1lf i GF.-A 18WGW. ,',�i4tt =Y.v- Jotx}y n ;teii ^rp '[yuesiJaesEdlf: w+kr:ul::C4 A.iitu GAPROJ - PLANNING \BCCZ \T[S \TIS Repoit2 9- 09.DOC Fka Agenda Item No. 17B October 26, 2010 Page 130 of 137 S-+0 1. Trip generation: a Trip red on for existing land use is permissible only if a site was operational within the t twelve (12) months. Trip generation for the existing zoning can be shown as a plemental table (same can be done with additional maps showing just the net new s; but the total must be shown.) Response: The TIS report now shows existing, proposed and net new trips. b. The trip generation variable (PM Peak Hour of adjacent street traffic) is not the most conservative variable. Zoning petitions must review the most conservative trip generation variable; in this cas are (However, after brief calculation of the trips generated by a 5,000 sq. feet o LUC 8 , the number of trips may be unreasonable.) U Srt li v U Response: "Fueling positions" is used as a variable and 12 nos. ofyjmips are used to calculate the trips. S Goo c. Signed methodology is required. Please request a methodology meeting with staff 'CO, to determine the correct trip generator. Fueling positions is the recommended variable e� and the no. of positions evaluated would become a limitation placed on the zoning. - � � �„t T{Fts Response: Methodology meeting on 3rd March, 2009. -- LZ t ��rA16 2. Distribution: a. Please revise distribution based on the above trip generation revisions (corrected variable for LUC 853). Response: The trip distribution table is revised. Two trip distribution tables show the proposed trips and the net new tries generated by the project. 10 �tSL� o nths (per TIS Guidelines), please show distribution for the total trip generation for the site. (Additional maps showing only net new may be attached). C&J t[�, f � ,.r 506i Response: The trip distribution table is revised. Two trip distribution tables show the proposed trips and the net new trips generated by the project. 3. Significance: Since trip reduction for exi use is permissible only if the site was operational within the last 1 s (per T1S Guidelines), please show a significance test for t trip generation for the Only si ance for net new trips has ev>iewed. tr?C Response: The significance test no ws the total proposed trips generation for the site. GAPROJ - PLANNING \BCCZ \T1S \TIS Report2 9- 09.DOC 23 Agenda Item No. 17B October 26, 2010 Page 131 of 137 4. As per FDors Site Impact Handbook page 58, the number of pass -by trips should not exceed 10% of the adjacent street traffic during the peak hour or 25% of the project's external trip generating potential. The TIS currently shows 51% of the adjacent street traffic, or 29% of the project's external trips. Pass -by percentages must be approved by County staff. IP I^7 Response: The pass -by trips are adjusted per FDOT Site Impact Handbook. IKU 5. Internal Capture - Rates must have County staff approval; but if not pre - approved must be demonstrated on the worksheet available in the TIS Guidelines. Response: Internal- Capture rates are now calculated per Trip Generation Handbook: An ITE Recommended Practice by ITE, March 2001, page 87 -88. 6. Use the 2008 AUIR for background traffic. I 7q� Response: The 2008 AUIR is used for background traffic. 7. Growth rates: 2% growth rates for the impacted links are not justified in the report. Please show the actual growth rates and how they were obtained, and if below 2 %, use the 2% minimum. Response: Per Collier County 2008 Traffic Count, the growth rates on the adjacent roadways are less than 2 %. The 2006, 2007 and 2008 ADT on adjacent roadways and the growth rate calculation are shown on the revised TIS report, page 4. Since,,t -�_ the growth rates are below 2 %, we have used the growth rates of 2% for the calculation purpose. � 20 ( 8} Further comments may be forthcoming upon revision of the TIS. This should be a 4V6 major" TIS with consideration for the total trip generation, and the absence of existing S I uses on the site that would be used to credit existing traffic as a reduction. Please see revised fees. Response: Acknowledged. GAPROJ - PLANNIN&BCMTISMS ReporO 9- 09.DOC 24 Agenda Item No. 17B October 26, 2010 Page 132 of 137 >,-TT „>aAiL�c,Z9N BM- . GAPROJ - PLANNING \BCCZ \TIS \TIS Repoit2 9- 09.DOC AAZL, CI S O-A A115-rs . 4p 25 Agenda Item No. 17B October 26, 2010 Page 133 of 137 AWP PLASTERING AND DRYWALL INC. 1580 40TH TERR.SW NAPLES, FL. 34116 Attention: Mr. Williams Re: Platt Road Dear Mr. Williams, My name is William L. McDaniel Jr., I am the managing member of McIvey L.L.C., and we own the SW comer of Platt and Immokalee Roads. It would be our hope that your project does install a hedge, in lieu of a wall, as a buffer towards Platt, we feel this would be a far more appealing representation, and better reflection of the rural character of our neighborhood. It is assumed that this buffer will be of substance sufficient to reduce the impacts of your project, that being said, a hedge is better than a wall. Sincerely, SlI! Agenda Item No. 17B October 26, 2010 Page 134 of 137 Date: August 20, 2010 To: Bobby & Jeri Williams cc: Wayne Arnold, Nancy Gundlach, Doug Wilson From: Maureen Bonness, Corkscrew Island Neighborhood Association RE: Corkscrew Commercial Center CPUD Bobby & Jeri It was good to see you at the CINA meeting on August 17, and to hear your comments about your commercial area. 1) CINA members appreciate your willingness to participate in Dark Sky practices to reduce light pollution at night, and your willing prohibition against amplified outdoor music or TV. 2) Concerning the variances you have requested on wall construction on the north border (toward Corkscrew Swamp Sanctuary), we are far more concerned about noise than appearance. The adjacent parcel to the north is owned by the State of Florida and will likely never be a homestead. There is questionable value to requiring a hedge at this location — it will not abate noise, and there are no neighbors. However, I suggest adding a provisional clause that one year after the Commercial Center opens for business, the issue of noise be revisited to determine if other measures are required (e.g., an earthen berm or other wall construction). 3) Some CINA members continue to disagree with you about the closing time of the establishment, preferring 10 pm. 4) You have expressed cooperation in accommodating safety of school children at the bus stop at Platt/Immokalee Rd, as well as providing access for riders of a CAT transit bus stop if one is located near that intersection in the future. I appreciate your cooperation, and request that these items be specifically included in your plans and/or Conditions. School bus stop at Platt Rd/Immokalee Blvd west side of intersection: This location is the school bus stop for I4 parcels on Platt Rd west of Immokalee Rd. There are six schools (elementary, middle, high schools in both Orange Tree area and in Immokalee) that have routes covering this intersection. (Note: the east side of the intersection has separate bus routes.) Since vehicles will be using Platt Rd. to access the Corkscrew Commercial Center, there must be consideration for the safety of children at the bus stop. as well as potential congestion problems due to parents /vehicles waiting near the bus stop. A possible solution is to provide a protected waiting area for the children at the far southeast corner of your Agenda Item No. 17B October 26, 2010 Page 135 of 137 property (might need to reduce landscape vegetation), with pedestrian access between the waiting area and your parking lot. CAT bus stop: If a CAT bus stop is located at the turning lane adjacent to Corkscrew Commercial, you will construct ADA- compliant access between the transit stop and your parking lot. Sincerely Maureen Bonness A'gennda Item No. 17B 0 t,C�t tler20 Bob, Vt �J I wish you had been able to attend last week's CINA meeting, because sure enough, the members discussed your project at length and passed a bunch of motions about it. I don't think any of them will come as a big surprise, but if you had been there, you might have shed some light or alleviated some concern. My primary purpose in writing today is to ask you if you or your consultants could send us your current submissions to the County in PDF form so I can circulate them to our Association members. Anyway, here are the motions: MOTION 1: That all establishments in the Williams mall be open no later than 10 pm in the evening. Moved by Jean. McCollem, seconded by Maureen Bonness, carried unanimously. MOTION 2: That the light pollution in the Williams mall be reduced to the maximum feasible extent. Moved by Robera Wooster, seconded by Jean McCollem, carried unanimously. MOTION 3: That all external lights in the Williams mall be shut off at 10 pm. Moved by Mike Duever, seconded by Nancy Wilson, carried unanimously. MOTION 4: That six foot walls be installed on the west and north property lines of the Williams mall. Moved by Maureen Bonness, seconded by Mike Duever, carried unanimously. MOTION S: That the developers of the Williams mall work with Collier Area Transit (CAT) when designing their parking lot so as to facilitate access of buses. Moved by Maureen Bonness, seconded by Mike Duever, carried unanimously. MOTION 6: That the developers of the Williams mall consult with the School Board and the County Transportation about the safety of children getting on and off the buses. Moved by Roberta Wooster, seconded by Maureen, carried unanimously. MOTION 7: That the Transportation Department revisit whether a turn lane can be put in in the northbound and the southbound lanes at Platt Road to accommodate the Williams project. Moved by Roberta Wooster, seconded by Marie Tabraue, carried unanimously. MOTION 8: That Bobby Williams be asked to provide us with detailed information, hopefully in electronic PDF form, about the progress of the project with ample time to evaluate it. Moved by Jean McCollom, seconded by Maureen Bonness, carried unanimously. The consensus of the meeting was that the above concerns should be communicated to County staff and the Planning Commission prior to its upcoming deliberation on the project. Agenda Item No. 17B October 26, 2010 Page 137 of 137 Naples Daily News a Sunday, October 10, 2010.23D DRDINANCE,PETITIONS 0 ORDINAMCF -MITIf NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, October 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Ta- miami Trail, Naples, Florida the Board of County Commissioners will confider the enactment of 'a County Ordinance. The meeting will commence at 9:W A.M. ' The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COL- LIER 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 PROPER= TY FROM COMMERCIAL (C -2) AND MOBILE HOME (Mfi) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO 'COMMERCIAL PLANNED FRINGE MIXED USE SE NEUTRAL ZONING LAN S OIVERLAY,VTOHBEEKNOWN AS THE CORK- SCREW .COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 SQUARE FEET OF COMMERCIAL, RETAIL; OFFICE, CHURCH AND .SCHOOL USES: THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND PLATT ROAD, IN 'SECTION. 27, ;TOWNSHIP.. 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY,' FLORIDA, CONSISTING' OF 8 ACRES; AND BY PROVIDING AN. EFFECTIVE DATE is Petition: PUDZ- 2008 -AR- 14048, Robert E. Williams, Trustee of the Robert E Williams Trust dated October 5, 2004, represented by D. Wayne Arnold, AICP of Q. Grady Mi- nor and Associates, Inc and Richard Yovanovich of Coleman, Yovanovich A Koester, P.A., is requesting a rezoning from Commercial (C -2) and Mobile Home (MH) zon- ing districts with Rural Fringe Mixed Use Neutral Lands overlay to @ Commercial Planned Unit. Development' (CPUD) zoning district; with removal of the Rural Fringe Mixed Use Neutral Lands overlay, for a project to be known as Corkscrew Commer- cial tenter CPUD. The rezoning petition allows.Jor a maximum 60,000 square feet of commercial, retail, office, church and school uses. The subject property consists of 8 +/- acres which is located at the northwest corner of Immokalee Road and Platt Road in Section 27, Township 47 South, Range 27 East, in 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 attend and be heard. NOTE: All persons wishing to speak on -any agenda item must register with the County administrator prior to presentation of the agenda hem to be addressed. Individual speakers will be limited to 3 minutes on any hem. The selection of an in- dividual to speak on behalf of an . organization or group is encouraged., If "recog- nized by the Chairman, a spokesperson for a group or, organization maybe allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included included in the Board agenda packets must submit said material a minimum of 3'weeks prior to the res dive public hearing. In any case, written materials intended to be considered the Board shall be submitted to the appropriate County staff a minimum of >seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk f (SEAL)