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Ex-parte - Fiala 09/25/2018 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA SEPTEMBER 25, 2018 BOARD OF ZONING APPEALS 8.A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to a variance request from Section 4.02.01.A of the Collier County Land Development Code, to reduce the minimum side yard setback from feet to 8.6 feet for an accessory garage/shed structure. on property in the Estates (E) zoning district located at 4190 3rd Avenue NW in Section 3, Township 49 South, Range 26 East, Collier County, Florida. [PL20180001342] 171 NO DISCLOSURE FOR THIS ITEM SEE FILE nMeetings Correspondence e-mails I (Calls ADVERTISED PUBLIC HEARINGS 9.C. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established 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 a Residential Single Family (RSF-3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Jeed to Table CPUD to allow offsite employee parking for the Seed to Table commercial development in the Carlton Lakes Planned Unit Development and to allow Collier Area i ransit (CAT) park & ride and County utility facilities, and by providing an effective date. The property consists of 6.82± acres and is located north of the terminus of Piper Boulevard at the northwest corner of the intersection of Livingston Road and Immokalee Road, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. [PL20170003766] (This is a companion to Agenda Item 9.B) NO DISCLOSURE FOR THIS ITEM X SEE FILE FIMeetings FICorrespondence 1e-mails 1 'Calls Met w/ Rich Yovanovich & Alfie Oakes, mail and emails from the Community, Staff Report Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA SEPTEMBER 25, 2018 CONSENT AGENDA 16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Azure at Hacienda Lakes — Phase 1 Replat (Application Number PL20180001774), the standard form Construction and Maintenance Agreement, and the amount of the performance security. ® NO DISCLOSURE FOR THIS ITEM n SEE FILE ['Meetings ❑Correspondence De-mails ['Calls Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA SEPTEMBER 25, 2018 SUMMARY AGENDA 17.A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2008-28, as amended, the Esperanza Place RPUD, to reduce the maximum number of residential dwelling units, from 262 to 159 units, to allow a maximum of 45 group housing units, to add single family dwelling units, child day care services, and group housing as permitted uses in Tract A, to add new development standards for group housing, to add a new deviation relating to fence and wall standards, to amend a developer commitment relating to affordable housinc, and to amend the Master Plan. The subject property is located on the north side of Immokalee Drive, approximately one quarter mile east of Carson Road in Immokalee, in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 31.6± acres; and by providing an effective date. [PL20170001326]. (This is a companion to Agenda Item 16.D.1) NO DISCLOSURE FOR THIS ITEM X SEE FILE I !Meetings Correspondence I le-mails (Calls Staff Report 17.B. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2001- 59, the White Lake Corporate Park Planned Unit Development by increasing the maximum number of hotel rooms from 150 to 281, by adding tool rental and leasing as a permitting use and adding general warehousing and storage as an accessory use; by increasing the commercial development area by 3 acres and reducing the industrial development area by 3 acres; by adding a cap on traffic trip generation for the commercial development area; by revising development commitments; and revising the PUD master plan to move the Tract C boundary to the east of the FPL easement; and providing an effective date. The subject property, consisting of 144.4+/-acres, is located northeast of, and adjacent to, the intersection of 1-75 and Collier Boulevard in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [PL20170004428] NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence ne-mails Calls Staff Report Commissioner Andy Solis, [eM - T [Eti 3299 Tamiami Trail East SEP 0 5 201$ Naples, FL 34112-5746 Connor Jay Foord By 33 Wickliffe Drive cie-• 9/2/18 On the Oakes Farm Employee Parking Lot/Park and Ride PL20170003766 Dear Commissioner,Solis, I am writing to you about my concern with regards to the development of a parking lot on the Residential zone on the intersection of Livingston and Immokalee for the use of Oakes Farms employees. I am fourteen years old living on the west side of Willoughby Acres and have lived here for all my life. I am a Boy Scout, I am very involved in my school, a black belt in Taekwondo, and am very concerned about my community. I have included several points on why I believe the construction of this new parking lot will be harmful to the neighborhood and the roads around this lot, and what I have thought of to improve and lessen the impact on the surrounding community. For why this development will not benefit anybody except for Oakes Farms and the county bus travelers I have come up with several reasons.As the Lakeland/Piper/Immokalee intersection is incredibly busy as is,the addition of the transit buses coming into neighborhood would bog down the already difficult commutes for the residents of the area. This is also concerning as the inhabitants of the east side of Willoughby will not want to come out of the southernmost exit to the Palmetto Ridge Dr onto Piper as the buses will be using most of the road. This is unsafe as there will only be one safe exit to that street. Looking at maps that show Willoughby Drive, I can see that the parking lot will be extremely close to those neighboring homes separated by only a few trees.The sound and fumes of the transit buses will certainly be a great pestilence to those residents and would certainly deter children to have an after-school kickaround.To further explain how this is an awful idea, Livingston Road is not a safe road to cross for commuters let alone cars and the employee buses crossing from the parking lot to the Oakes building would cross three lanes of fast southbound traffic,take a left across three more lanes of similar speed traffic many times a day,and would do the opposite to go back to the parking lot. It is only a matter a time before a horrible accident would occur.Therefore, I believe the location for the parking lot is a poorly thought out location. Now I would like to address the obviously poorly planned logistics of this project. Being a resident of the area, I have seen the Oakes Farms building being built for quite some time now, and certainly the company must have dealt with the question of parking for their employees and customers and must have had some ideas for how to accommodate the parking of their 500 employees and 100s of consumers every day. Looking at the start date of planning the construction of the Seed to Table building, March 2015 was the first rough draft of the plans.This information means that from most likely months before March,the company was planning for the reconstruction of the building, and as it stands it seems as if they never quite thought through how they wefe.going to accommodate the parking demands. It seems their intent all along was to find offsite parking rather than making it work onsite, and this is clearly not right. My idea for honk' to correct this injustice is to suggest to the company that they should construct a parking garage onsite. I know this might sound crazy, but I believe it would benefit everybody in the long run much more than an offsite parking lot. If Oakes Farm constructed this parking garage, many great conveniences would arise. First of many,the employees of Oakes Farm would be able to safely park their cars and not have to take a bus to work and the customers of the Farms would also be able to park onsite.The Collier Park and Ride could still be adjacent to the Oakes project just as the main CAT station at the county complex is part of a parking garage and that works well. If the planners are keen to benefit from Mr. Oakes' parking space,then they should be happy to follow the parking lot wherever the plans might lead it to. This would also be beneficial to the residents of Willoughby Acres, Diamond Lakes, and the neighborhoods behind the Acres whose only entrance is the Lakeland/Piper/Immokalee intersection as it would eliminate the unwanted traffic.The citizens of this residential district would be able to breathe easily out in the beautiful outdoor surrounded by tall oaks and pines instead of smelling smog and hearing car horns. So please take this idea into consideration as it would benefit everybody. Last but most definitely not least, our neighborhood has the county-ignored problem of bears.They may say that our zone has no reported bear activity for quite some time, but that is untrue.Just yesterday one of our neighbors posted a picture of a bear on the eastern section of Wickliffe Dr, shockingly close to where the county is planning on building their all-purpose parking lot. I have included a picture of this bear and a Google Maps image of the proximity of this bear to the Oakes Farms project site and Immokalee Road. This was not the first time a bear has been sighted in our neighborhood either. My family has been hearing accounts of how they have been found on doorsteps as people open they're front doors and have come across a mama bear and cubs while out on a walk. While not only very scary this is, scarier is the fact that if this construction project gets underway,the bears will be forced to moved either southbound towards Immokalee Road, bad,southwards towards the rest of the neighborhood and possibly even as far North Naples Middle School, even worse, and the best-case scenario would be their movement westwards go north through even more neighborhoods. j � •F e t, t O1Tan0 CI _Y, 0i � i T X vulliru. fA' > Via_If,,,i„,,,,......._,,,,,,...._a .AA,A i1;5;--- .i l o \ - tic ' . ., 1, e� T''4"::-: ; r t m #tT .,. �, Az- , . t <l�.t' H. w �= �r ' � r Immpkd C - -. _ .. , 7. :e '' St r 7x a iCait lit , _k ,trans.orlail•ti '' t . ° -Marst%Con omnomad.Cn �'- 't So please reconsider your approval of this project as there is... ;Y. 1. Danger to the surrounding communities due to the close by bears. 2. The added hassle of leaving on the eastern exit onto Piper. . ' 3. The inconvenience and safety issues to travelers on '"' Livingston Road and even employees of Oakes Farms 4. Smells and sounds of the transit depot next to homes of happy families. 5. The obviously better, more advantageous, more beneficial to everyone solution to parking troubles of constructing a `: parking garage on site rather than the infinitely less helpful "solution"that Oakes has thought up. � � � ` , { •14,-.4. Thank you very much for reading my letter to you sir, and pear on Wickliffe just now please take into consideration the drastic changes that will occur for the environment and the community and the more economical solution. Thank you, Covkij-77:46-'z, Connor J. Foord CC: Donna Fiala, Burt L.Saunders, Penny Taylor,William L. McDaniel,Jr., Leo Ochs -' AGENDA ITEM 9-D Co iev County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 16, 2018 SUBJECT: PUDZ-PL20170003766 SEED TO TABLE, OAKES FARMS INC. COMPANION GMPA, PL2017-0003768/CPSS-2018-1 PROPERTY OWNERS/APPLICANT/AGENT: Owner: Agent: Collier County Bryan Milk c/o Real Property Management Milk Land Use and Planning Consultants Inc. 3335 Tamiami Trail E. Suite 101 PO Box 111045 Naples, FL 34112 Naples, FL 34108 Applicant: Richard Yovanovich, Esq. Oakes Farms Inc. Coleman, Yovanovich,Koester 7695 Santa Cruz Court 4001 Tamiami Trail N. suite 300 Naples,FL 34112 Naples, FL 34103 REQUESTED ACTION: The applicant is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone the property from the Residential Single-Family (RSF-3) zoning district to Commercial Planned Unit Development (CPUD) zoning district. The property is a single parcel owned by Collier County. There is a companion small scale GMPA for 6.33 acres related to this request. GEOGRAPHIC LOCATION: The subject property consists of 6.82 acres and is located at the north terminus of Piper Boulevard at the northwest intersection of Immokalee Road and Livingston Road in Section 24,Township 48 South, Range 25 East, Collier County (see location map, page 2). The proposed Master Plan is included as Attachment B. PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 1 of 14 Revised: July 30, 2018 i <a ,f § = O 11,��11„. • 08 / k- a ig ” ' oda..a Z –y @ F Q iriiiimminimmim ll.= i5 II_ uo}s6ulAn IIL — 0- , allikkb.. m` cm ® o o C E n C n 0 cn re .. N . IN?' 4 4 ® COLL, N 111 a 0 ® ° teCD_ .77 ,~ (V -....1 / J a ` N k.--• ( c N Jn4 _ F3 i /IR ig ,J,11 q i i________— I CL f. sl CO I OH NOISONIAn p i ce dC E CD E C) ,1,-- 1 1111V r I wi o Mr 1 - ' w / J _ E -- W o �--a I _J 0 ; N it 1 i ` T; l F € T— III I I i a PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 2 of 14 Revised: July 30, 2018 PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting rezoning to a CPUD to allow off-site employee parking for the Seed to Table commercial development in the Carlton Lakes PUD and to allow Collier Area Transit (CAT) park and ride and County utility facilities. There is a companion Small Scale Growth Management Plan Amendment (SSGMPA) application. The property contains an FPL easement over the entire area and includes overhead electric transmission lines throughout the property. On October 24, 2017, the Collier County Board of Commissioners voted to allow the developers of Oakes Farms Seed to Table to explore a public private partnership with Collier County to support economic development through a joint use parking lot lease on the subject property. The PUD is proposed to include Tract U and Tract P. The Principal uses on Tract P are parking for the CAT park and ride program and parking for employees of the commercial development located east along Livingston Road.The accessory uses on Tract P include standard accessory uses and structures, such as fences,transit structures, shade structures, and storm water facilities. Tract U is identified as the County Utility site with principal uses listed as utility facilities and accessory uses similar to Tract P. There is an existing County Utility pump station and an FPL substation facility on Tract U. Employee parking for the commercial development to the east across Livingston Road will be the primary use for the parking lot. No LDC-required parking for the commercial development is allowed on this site. A shuttle bus system will be utilized to move employees from the parking area to the commercial development across Livingston Road. No customer parking will be permitted in the Seed to Table PUD Tract P parking lot. No truck parking, loading, unloading, deliveries, storage,or overnight parking for trucks will be permitted.A six-foot perimeter fence is required around the entire parking lot and will be installed at the time of Site Development Plan (SDP). Additionally, an enhanced 15-foot wide type "D" buffer is required along the Livingston Road frontage and will be installed as part of the SDP process. The parking lot site, Tract P, will accommodate entry and exit for CAT buses and the park-and- ride program. There are 24 parking spaces allotted for CAT use;the FPL consent agreement with the County approves 10 spaces. The buses will enter the parking area from Piper Boulevard and through Tract U. The Piper Boulevard access to the parking area will be controlled with a gate system. Only CAT vehicles, County utility vehicles,FPL utility vehicles, and emergency vehicles will be able to access the parking lot area through Tract U. The CAT buses will circulate to the north end of the parking lot where the park and ride pick-up area is located. The buses will then exit turning right onto Livingston Road southbound. Bus shelters, shade structures, and parking lot attendant structures are permitted and limited to an actual height of 30 feet. Light structures shall not exceed 20 feet in height. SURROUNDING LAND USE AND ZONING: North: Undeveloped FPL easement, zoned Residential Single-Family (RSF-3) South: Piper Road terminus, Immokalee Road r.o.w. and Canal PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 3 of 14 Revised:July 30, 2018 East: Livingston Road r.o.w. and commercial development, zoned Carlton Lakes PUD West: Residential, FPL substation, zone Residential Single-Family (RSF-3) Willoughby Acres Aerial Mai Coun GIS 'K Ry don - r ""6.‘,,,, ` „ . ' MwrtwQR ..F.;116.40614 '. g Arcs 6R °mss.. - Y3 M Cab r w, byoa fur;..- 1. avlisarrpm f y ......,.4 ii x W4 Ffl+M EXT .".CaAam LIa�BLVD t<; .., f all , 1 I " '4 i \Vy-; ;. 0. ,. : ,„ .7„,.,:.: -__. _ : _., ,, 4. * f 'iv .41%,,,,x,ct„.1.-u , a.K Pq�BLYO."' 4 y § ems: .... _ n l A ` Y - 1 r, ' 41#S .� p>e illCpgc ts_' - ., ' VI A *, 4 1 *. -*, & g 'Ce q.CTS ti, ,—.,,,#.�� . r s 1 C,. y /Aaa.s...0m.-SxL. E 0 if, GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban —Mixed Use District, Urban Residential Sub district) as identified on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Non-residential development allowed by this designation includes essential services, e.g. water and wastewater treatment plants, pump stations, etc.; the site is not eligible for commercial zoning. There is a companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) to establish a commercial sub district to allow the proposed uses -parking lot to serve employees of the grocery store across Livingston Road to the east(excess parking, not that which is required by code) and the Collier Area Transit Park and Ride program, and Collier County Utilities facilities. Note: The subject site comprises a+6.33-acre portion of a+17.09-acre tax parcel that is owned by PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 4 of 14 Revised:July 30, 2018 Collier County; the applicant has a long-term land lease. The Consistency Review is included as Attachment C. Based upon analysis by the Comprehensive Planning Division,the proposed PUD rezone may only be deemed consistent with the FLUE IF, the companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) is adopted and goes into effect. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed PUD on the subject property was reviewed based on the then applicable 2017 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed off-site parking and CAT Park n Ride development will generate approximately 112 PM peak hour two-way trips. The proposed development will impact the following roadway segments with the listed capacities: Roadway Link 2017 Current Peak Hour 2017 AUIR AUIR Peak Direction Remaining Existing Service Capacity LOS PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 5 of 14 Revised:July 30, 2018 • Volume/Peak Direction Livingston Imperial Street B 3,000/North 1,721 Road to Immokalee Road Livingston Immokalee C 3,100/North 1,452 Road Road to Vanderbilt Beach Road Immokalee Airport Pulling D 3,100/West 305 Road Road to Livingston Road Immokalee Livingston Road C 3,500/East 1,011 Road to I-75 Based on the 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Operational impacts will be addressed at time of first development order(SDP or Plat). Conservation and Coastal Management Element(CCME): Environmental review staff has found this project to be consistent with the Conservation&Coastal Management Element(CCME). The project site is not required to set aside a preserve area. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"),which establish the legal basis to support the CCPC's recommendation. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District.County staff will also evaluate the project's stormwater management system,calculations, and design criteria at the time of site development plan(SDP) and/or platting(PPL). Environmental Review: Environmental Services staff has reviewed the PUDZ petition to address environmental concerns. The native vegetation on the property exists within the existing FPL easement;no preservation is required when native vegetation is within an existing utility easement PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 6 of 14 Revised:July 30, 2018 in accordance with LDC section 3.05.07.B.2.d. The protected species survey identified three gopher tortoise burrows within property boundary. A gopher tortoise management plan will need to be provided at PPL or SDP review. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: All perimeter buffers labeled on the Master Plan are compliant with the requirements of the Land Development Code. The petitioner is proposing an enhanced Type 'D' buffer along the East boundary line. The Land Development Code requires a double row hedge 24" high at time of planting with trees 30' on center. The petitioner is proposing a double row hedge 5' high at time of planting with trees 30' on center. The CPUD boundary includes the existing County pump station. Per section 4.06.05.B.4 of the LDC, existing, previously approved public utility ancillary systems are not required to meet landscape requirements of this section of the LDC unless they are required to submit an SDPA application. The petitioner is requesting 2 deviations regarding landscape. See Deviation Discussion in that section of the report. School District: A Collier County School District review is not applicable. Utilities Review:The project lies within the potable water service area of the Collier County Water- Sewer District.Water service for landscape irrigation is readily available via existing infrastructure along the project's frontage on Livingston Rd and Piper Blvd. Domestic water and wastewater services are not needed for this PUD. The south end of the PUD (Tract/Parcel"U") is reserved for a County wastewater pump station but will facilitate access from Piper Blvd for County,FPL,and emergency vehicles. Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to their intensity and reviewed the proposed development standards for the project. The Zoning Division also evaluated the location and orientation of the parking lot project and the potential traffic generation. The proposed parking lot location is within an existing FPL transmission line easement. The site is mostly vacant with only electrical transmission poles and related equipment occupying the site. The intensity of the proposed parking lot is reasonable related to the surrounding uses.There is no new commercial retail tenant space proposed with the project.The proposed parking lot is intended to serve an existing commercial site (former Albertson's Grocery) that has been vacant for approximately 10 years. A parking lot use is less intensive than a commercial tenant space, but more intensive than a mostly vacant FPL easement. At the NIM, the applicant committed to starting employee shifts only during non-peak A.M and P.M.traffic hours.Exhibit F,Development Commitments does not list the employee shift change time commitment, which should be corrected as part of an approval recommendation. The proposed CAT park and ride will occupy the northern portion of the site and is an appropriate use in the area of Immokalee Road and Livingston Road.A parking lot along a major arterial street is an appropriate use. PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 7 of 14 Revised: July 30, 2018 4 With respect to Development Standards, the proposed standards are appropriate based on the parking lot use. A perimeter wall or fence around the parking lot is proposed to buffer the adjacent residential property and a 15-foot wide Type D buffer is proposed along Livingston. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": (Zoning Division staff responses in non-bold) 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. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The Public Utilities Division further states the subject site fronts on Livingston Rd and Piper Blvd. Water distribution/transmission mains are readily available within either right-of-way, and there is adequate potable water treatment capacity to serve the landscape irrigation needs of the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney's Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals,objectives,and policies of the GMP.They have found the proposed amendment to be consistent with the GMP, if the companion amendment is approved. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD Document buffering and screening standards have been reviewed and are acceptable. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. Compliance with PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 8 of 14 Revised: July 30, 2018 approved standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to plat plans or site development plans. The Public Utilities Division further states that Collier County has sufficient conveyance and treatment capacity for potable water service to the project. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Although not need for a parking lot use, there is adequate supporting infrastructure to accommodate this project, including Collier County Water-Sewer District potable water and wastewater mains. Adequate public facility requirements will be addressed when future development approvals are sought. The Public Utilities Division further states that the area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water mains, to accommodate this project. The scope of any system improvements will be determined at the time of SDP or PPL permit review. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. Two deviations are proposed in the request to rezone to CPUD. Please see the deviations section of the report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered the 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: (Zoning Division staff responses in non-bold): 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP, if the companion amendment is approved. 2. The existing land use pattern. PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 9 of 14 Revised: July 30, 2018 The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not likely change the existing land use patterns in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned Residential Single-Family RSF-3. The application is to rezone to CPUD, which would not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. The proposed CPUD boundaries are logical and appropriate. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request that the applicant believes is necessary to accommodate employee parking for the commercial development. The occupancy of the vacant commercial building does represent a change in conditions along this portion of the Immokalee Road corridor. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. This criterion is not specifically applicable as the proposed change is not within a 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 Division states that the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that the rezone request to CPUD will create drainage problems in the area. Stormwater best management practices,treatment, and storage for this project will be addressed through Environmental Resource Permitting(ERP)with the South Florida Water Management District(SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 10 of 14 Revised: July 30, 2018 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone to CPUD is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the adjacent property is already developed as commercial or residential use. The approval of the rezone request from RSF-3 to CPUD is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed rezone to CPUD complies with the GMP (if companion amendment is approved) and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the applicant cannot use the property as they have proposed without rezoning to CPUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is the proposed uses are not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the GMP (if the companion amendment is approved) and the LDC. The Zoning Division staff does not review other sites related to a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 11 of 14 Revised: July 30, 2018 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 proposed rezone request to CPUD would require significant site alteration. The site is vacant and construction would be required. The development standards would be applied during the SDP and plat process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the GMP as part of the amendment process, and they find it to be consistent, if the companion amendment application is approved. The concurrency review for APF is determined at the time of SDP review. 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. DEVIATION DISCUSSION: The petitioner is seeking two deviations from the requirements of the LDC. The petitioner's rationale and staff analysis/recommendation is outlined below. Deviation # 1. Trees and Palms A deviation from LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms,which requires all new code required trees to be ten feet in height and all new trees to have a mature height of 15 feet to allow for trees to have a lower height, not to exceed a mature height of 14 feet, consistent with an approved landscape plan by FPL and Collier County. Approval of the landscape plan shall be obtained prior to SDP approval. Petitioner's Justification: The subject property is owned by Collier County; however, it is largely encumbered by an FPL easement. The Collier County BCC voted to allow the developers of Oakes Farms Seed to Table site (former Albertsons grocery store) located at the northeast corner of the intersection of Livingston and Immokalee Roads, to explore a public private partnership with Collier County, to support economic development through a joint use parking lot lease on the subject County-owned parcel. In a sense, FPL will also be partner in this public private partnership, in that an FPL Consent Agreement will be required. As part of the FPL Consent Agreement certain conditions apply. One such condition requires that landscape trees (and light poles) be limited in height to a maximum of 14 feet. Since the Collier County LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms, requires all new code required trees to be ten feet in height at time of planting and to have a mature height of 15 feet, this deviation is necessary. As part of the Deviation, we have included that the developer submit a landscape plan to both FPL and to the PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 12 of 14 Revised: July 30, 2018 County, and to obtain approval of both parties prior to SDP Staff Analysis and Recommendation: The deviation is reasonable and justifiable as it directly relates to FPL easement requirements. The Landscape Division further states that staff supports this deviation as it complies with FPL's guidelines. Since there are no vertical structures proposed, staff sees no detrimental effect resulting from the 2' reduction in height at time of planting. Deviation#2. Public Utility Landscaping A deviation from LDC Section 4.06.05.b.4. - Public utility ancillary system landscaping requirements, which requires, under certain circumstances, screening and buffering requirements for ancillary public utility systems and facilities, to waive such requirements for the north perimeter boundary of Tract"U"where it is adjacent to Tract"P". Petitioner's Justification: There is no need for screening and buffering at this location (between Tracts "U" and "P") as this will not be not visible from any adjacent property or from Livingston Road, as there are required buffers that will be installed along the north, west and east perimeters of Tract "P", including a buffer along Livingston Road, which will sufficiently screen the north boundary of Tract "U"from view. This deviation was suggested by Collier County Public Utilities. Staff Analysis and Recommendation: The deviation is reasonable and justifiable as it was suggested by the Public Utility division and the boundary between the tracts is not visible. The Landscape Division further adds that Exhibit A of the PUD states that the uses proposed for Tract `U' will be subject to LDC section 5.05.12, which references LDC section 4.06.05.B.4 for landscape requirements. Section 4.06.05.B.4 requires a 5' high hedge composed of shrubs spaced 4' on-center to be provided around the exterior perimeter of the surrounding fence or wall. In addition, Sabal Palms with a clear trunk height of 8-12' are required spaced 10' on-center if there are any projections visible above the fence or wall. The screening that will be required along the exterior of the West, South and East walls will provide screening from Livingston Rd. and Immokalee Rd. The uses on Tract `U' will be screened from store patrons and non-users. Due to the limitation of parking permitted only for employees North of Tract`U',staff sees no detrimental effect if this deviation request is approved. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on May 31, 2018, 5:30 PM, at the Collier County Public Library Headquarters Sugden Theater at 2385 Orange Blossom Naples,FL.For further information,please see the NIM Summary information in the back-up material. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 13 of 14 Revised: July 30, 2018 I The County Attorney's Office reviewed this staff report on July 27, 2018. RECOMMENDATION: Zoning Division staff recommends the CCPC forward petition PUDZ-PL20170003766 Oakes Farms Seed to Table to the Board of County Commissioners with a recommendation of approval, subject to the addition of a Development Commitment in Exhibit F for employee shift changes during non-peak A.M.and P.M. traffic hours only. Attachments: A) Proposed CPUD Ordinance B) Proposed Master Plan C) FLUE Consistency Review PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 14 of 14 Revised: July 30, 2018 BrownleeMichael From: John Mclain <mac3814@aol.com> Sent: Monday, August 13, 2018 9:32 AM To: FialaDonna Subject: outparcel and CAT facility Categories: PRINTED Dear Commissioner Fiala, Like you I'm a long time Collier County resident. I have lived in Willoughby Acres since the 80's. I have watched everything grow in around us and chock off our access to our neighborhood. We have had several developments placed in our neighborhood that were approved that they would have access to Livingston road for there access that never happened, they were dumped in our neighborhood The lines of cars trying to get out of our neighborhood onto Immokalee Road is crazy. We can't take any more traffic. There is a proposal to build a parking lot for Oakes market and CAT facility in our neighborhood. I am urging you to vote NO on this proposal. I think there are other areas south on Livingston that are not in anyone's neighborhood that would be a better fit. We don't need the additional traffic in our neighborhood, please. Besides the fact that I'm concerned that the CAT facility will dump undesirables/homeless in our neighborhood to live in the woods on the power lines. Also there has already been a problem with panhandlers coming from Lee County to Collier County to panhandle and than take the bus back to Lee County. I'm also concerned that the crime in our neighborhood will go up significantly. Besides the Traffic I think these are all very legitimate concerns. I am not opposed to someone opening a new business but we must have responsible growth and I don't feel this is being responsible to our neighborhood. Thank You for your attention in this matter, John & Debbie McLain 185 Willowick Drive Naples, FL 34110 1 BrownleeMichael From: ANNE MC CAMBRIDGE <shirleybia@comcast.net> Sent: Sunday, July 29, 2018 3:08 PM To: FialaDonna; SaundersBurt; TaylorPenny; McDanielBill; SolisAndy Cc: Shirley Biasetti Subject: Seed to Table CPUD and Commercial Subdistrict Categories: PRINTED Dear Board of County Commissioners I am compelled to write to you expressing our concerns at the prospect of losing yet another piece of paradise for the convenience of one entity by infringing on the peace of many long time residents while creating an even bigger and riskier traffic nightmare. Specifically the Seed to Table CPUD (PUDZ-PL20170003766) and Seed to Table Commercial Subdistrict (PL-20170003768/CPSS-2018-1) The intersection of lmmokalee Rd and Livingston Rd is already a big challenge and adding a cutover from the proposed employee parking lot/CAT park& ride to Seed to Table Market will only add more backups&traffic congestion at the intersection. Pedestrian traffic will have an even bigger challenge trying to cross Livingston. Seed to Table claims there won't be any pedestrians to worry about because they'll provide a shuttle for their employees at shift changes, but what about the safety of those employees that are running early or late as well as the Cat riders that want to grab a Dunkin Donut? Seed to Table has proposed a gate access for the Cat Bus from Piper at the entrance to the FPL sub station putting new volumes of bus traffic on that residential street. The Willoughby Acres area is heavily populated and only has 2 exits out to lmmokalee Rd and that's just going to add to the congestion. The actual parking lot proposed by Seed to Table is to have a 6 foot concrete wall all the way around with a 15 foot border of trees and plants outside the wall and low level (10ft) lighting. Those of us that have property butting up to this area are very concerned we'll lose the use of our lanais and pools due to the loss of the woods that help buffer the noise of Livingston traffic as well as the privacy they provide and none of us want our backyards lit up like a stadium. We also fear that this area will become a haven for undesirable activities since it's not monitored. We're all very concerned that this lot is going to devalue our properties. If I were looking to buy and this parking lot butted up to my property, I'd be looking elsewhere-somewhere with some trees for birds and greenspace for nature. We are all wondering what ever happened to the Greenway Path and why we continue to pave over paradise. We're hoping this gives you some perspective of our views and that you'll vote AGAINST this whole thing. Sincerely; Shirley Biasetti and M.Anne McCambridge of 282 Willoughby Drive, Naples 1 BrownleeMichael Subject: Meet w/ Rich Yovanovich &Alfie Oakes re: Seed to Table Location: DF Office Start: Tue 9/18/2018 3:30 PM End: Tue 9/18/2018 4:00 PM Recurrence: (none) Organizer: FialaDonna 1 Arai $9er9ntY 74 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 16, 2018 SUBJECT: PUDA-PL20170001326 ESPERANZA PLACE PROPERTY OWNERS/APPLICANT/AGENT: Owner/Applicant: Agent: Brookwood Residential, LLC D. Wayne Arnold, AICP P.O. Box 343529 Q. Grady Minor Associates, P.A. Florida City,FL 33034 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 08-28, the Esperanza Place Residential Planned Unit Development(RPUD) to reduce the maximum number of residential dwelling units, from 262 to 159 units,to allow a maximum of 45 group housing units,to add single-family detached dwelling units, child day care services, and group housing as permitted uses in Tract A. Also, to add and approve new development standards for group housing, to add a new deviation related to fence and wall standards,to amend a developer commitment relating to affordable housing,and to amend the Master Plan. The petitioner is also requesting approval of an Amended Affordable Housing Density Bonus Agreement. GEOGRAPHIC LOCATION: The subject property consists of 31.6+/-acres and is located on the north side of Immokalee Drive, approximately one quarter mile east of Carson Road in Immokalee, in Section 32, Township 46 South,Range 29 East, Collier County (see location map,page 2). PUDA-PL20170001326; Esperanza Place Page 1 of 13 Revised:July 29,2018 t K Ak • eoes �esie6fi777LL > z � pQZ a. 827F � 4AAC00AAA �t § ® at �t po a t t p ® ® • Q ®F ®- ' ® Y - � .a-w ® ® B - Eili ,.. • • .4. " 8 • • c,: : ....,..,11.2. pt= Fti Q © ® ® p o .... H 4 , a t tya - it t ® t cn .-,,„?2. o a. E p 1 N CC j �¢ 7 ¢ '� u. O ® NI t x® •i a s @ `r- "�'1 v N CD 0 A p. _- ® co X t w� . s ®® q.x s o t e— a acw MT fil p•` •N p� A N >cco � � ® ��• • :€ E . - IN t o t , v o N J a) sz as, -- 1S 4�S L N 1 Z Z C F. 0 O O a N � p 1. a CL Q CO ,,-N a yc p otoc o 0 o o . J 0 co J pa uosae:, PUDA-PL20170001326; Esperanza Place Page 2 of 13 Revised: July 29, 2018 PURPOSE/DESCRIPTION OF PROJECT: The Esperanza Place PUD was originally approved by Ordinance Number 08-28.There have been no subsequent amendments. The current ordinance was approved on June 10, 2008. (Please see back-up material, Ordinance Number 008-28). The proposal is to amend the ordinance to reduce the total number of residential dwelling units by 103, changing from 262 units to 159 units. Also, they propose to add up to 45 group housing units. They propose to change Tract "A" and reduce the total allowable dwelling units by 80 units, reducing from 176 units to 96 dwelling units. Tract "A" is 15.83 acres. New principal permitted uses are proposed on Tract "A," which include single-family detached dwelling units, child care services, and group housing. The proposed Group Housing is specific and includes care units and transitional and emergency shelters not to exceed a maximum of 45 units. The group housing will be located in the area designated R/GH on the PUD Master Plan. The applicant proposes to change Tract B and reduce the total allowable dwelling units by 23 units, reducing from 85 units to 62 dwelling units. Tract B is 13.8 acres. Changes to the Development Standards are proposed as well by adding Group Housing and Child Care to the Development Standards table for principal and accessory structures. The proposed changes to the ordinance is included as strikethrough and underline in Attachment A. The proposed Master Plan is included as Attachment B. The requested deviation is discussed later in this staff report. The applicant is also proposing to amend the Affordable Housing Agreement that was approved as a companion item to the original PUD on June 10, 2008. SURROUNDING LAND USE AND ZONING: North: Developed residential, with a current zoning designation of Residential Single- Family (RS-4) (4.0 DU/AC) and Mobile Home (MH) (7.26 DU/AC) and is approved for single family and mobile homes. South: Immokalee Drive, a two-lane roadway, and then undeveloped land, with a current zoning designation of Rural Agricultural Mobile Home Overlay District(A-MHO) (7.26 DU/AC). East: Developed residential, with a current zoning designation of Rural Agricultural Mobile Home Overlay District(A-MHO)(7.26 DU/AC)and is approved for mobile homes. West: Developed residential, with a current zoning designation of Mobile Home (MH) (7.26 DU/AC) and is approved for mobile homes. PUDA-PL20170001326; Esperanza Place Page 3 of 13 Revised:July 29, 2018 Aerial Mai Coun GIS 41. i t. 4 t 14" 1. ee. flifl� �i41 re t4 1tI le:9 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The +31.63-acre subject property is designated Urban, Mixed-Use District, Low Residential Sub district as depicted on the Immokalee Future Land Use Map in the Immokalee Area Master Plan (IAMP). According to the IAMP, "the purpose of this designation is to provide a Sub district for low density residential development. Residential dwellings shall be limited to single-family structures and Duplexes. Multi-Family dwellings shall be permitted provided they are within a Planned Unit Development... A density less than or equal to four (4) dwelling units per gross acre is permitted." A variety of non-residential uses are also allowed, including day care and group housing. The IAMP states,"To encourage the provision of affordable-workforce housing within certain Sub districts in the Urban Designated Area, a maximum of up to eight (8) residential units per gross acre may be added to the base density if the project meets the definition and requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance 04-41, as amended, adopted June 22, 2004 and effective October 19, 2004). This bonus may be applied to an entire project or portions of a project provided that the project is located within ... any residential sub district." The Esperanza Place RPUD site is eligible for up to 12 dwelling units per acre(DU/A)with a base density of 4 DU/A + 8 DU/A for affordable-workforce housing yielding a total of 380 DUs (12 DU/A* 31.63A=379.56 DUs=380 DUs). The existing affordable-workforce housing agreement and PUD were approved for 262 DUs at a density of 8.28 DU/A. The proposed reduction in the maximum number of dwelling units from 262 to 159, at a density of 5.03 DU/A, is consistent with the Density Rating System of the IAMP. PUDA-PL20170001326; Esperanza Place Page 4 of 13 Revised: July 29, 2018 4 This RPUD has an existing approved Affordable-Workforce Housing Density Bonus Agreement for a maximum of 262 DUs with a density of 8.28 DU/A, which is more than double the density allowed in the Low Residential Sub district without such an agreement. The petition includes a revised "Agreement" that would limit the RPUD to a maximum of 159 DUs or 5.03 DU/A (159 DUs/31.63A= 5.03 DU/A). The FLUE Consistency Review is included as Attachment C. Based upon the above analysis, the proposed PUDA may be deemed consistent with the Future Land Use Element. Transportation Element(TE): The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed residential development will generate a projected total reduction of+1-18 PM peak hour, 2-way trips on the adjacent local roadway when compared to the existing-approved residential development. The proposed amendment is reducing the number of single-family and multi-family units to a maximum of 159 units while adding 45 new group housing units for a total of 204 units. The new development will have a trip limit cap of 168 PM peak hour 2-way trips which in included as a developer commitment. The adjacent roadway is Immokalee Drive and the closest AUIR tracked road segment is SR-29 which has adequate capacity to accommodate the proposed development. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,and as noted above the PUDA-PL20170001326; Esperanza Place Page 5 of 13 Revised: July 29, 2018 Traffic Impact Statement(TIS)indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element(CCME): Environmental review staff has found this project to be consistent with the Conservation&Coastal Management Element (CCME). A minimum of 0.31 (25%) acres of preservation has been provided by monetary donation to Conservation Collier and South Florida Water Management District. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"),which establish the legal basis to support the CCPC's recommendation. Housing Element Review: Community and Human Services staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing, and finds the proposed development to be consistent with Section 2.06.00 of the LDC and the Housing Element of the GM. This existing development will have a total of 96 rental units and 63 homeownership units all earmarked for very low and low- income households for a gross density of 5.03 units per acre. The 46 existing 1,2, and 3-bedroom affordable, rental apartments presently rent in the $434 to $684 range per month. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Storm water best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project's storm water management system, calculations, and design criteria at the time of site development plan(SDP)and/or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the RPUD petition to address environmental concerns. The preservation requirement has been met with a combination of monetary donation to Conservation Collier for 0.13 acres of uplands and South Florida Water Management District for 0.18 acres of wetlands in accordance with PUD environmental commitment B. No listed animal species were observed on the property. Landscape Review: No landscape deviations are proposed. The proposed landscape buffers are consistent with the section 4.06.02 of the Land Development Code. Tract'B' is planned for single- family attached and single-family detached dwelling units. If single-family attached buildings are proposed within Tract `B' and the buildings have 3 or more dwelling units, a Type 'B' buffer will be required along the East side of Tract Staff recommends approval with the condition that a Type `B' buffer will be required along the PUDA-PL20170001326; Esperanza Place Page 6 of 13 Revised: July 29, 2018 East side of Tract `B' if single-family attached buildings with 3 or more dwelling units are proposed. School District: A Collier County School District review was requested and may be received at a later date. Utilities Review: The project lies within the Immokalee Water and Sewer District (IWSD) and as such, the Collier County Water-Sewer District did not review the project. Coordination with the IWSD will be required. Zoning Services Review: The Zoning Division staff evaluated the project related to intensity of uses and reviewed the development standards. The most significant change proposed to the Esperanza Place PUD is the reduction of 103 units from the total number of approved residential dwelling units.As stated, it reduces the number of residential units from 262 to 159.The reduction is split between Tract A and Tract B. The proposed change represents a reasonably significant reduction of intensity in the residential use. The total reduction of residential units on Tract A is proposed at 80 units,which is the majority of the proposed reduction. The proposed change includes the addition of group housing with a maximum number of 45 units. The group housing includes transitional and emergency shelter units. The applicant proposes to add child care facilities as an approved principal use. The addition of child care appears to be an appropriate use because it is connected to the requested emergency shelter use. While group housing is proposed at 45 units it is an overall reduction of residential units and for Tract A represents a reduction in the intensity of use. For Tract B, the total number of residential dwelling units proposed to be reduced is 23 units. The proposed change represents a reduction in the intensity of the use. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": (Zoning Division staff responses in non-bold) 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. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The Public Utilities Division further states that... 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or PUDA-PL20170001326; Esperanza Place Page 7 of 13 Revised: July 29, 2018 maintained at public expense. Documents submitted with the application were reviewed by the County Attorney's Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the IAMP. They have found the proposed amendment to be consistent with the IAMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed changes to the PUD Document affect the landscaping standards of the originally approved PUD as they relate to the LDC. The applicant has requested one deviation and that requested is reviewed in the deviations section of the report. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. Compliance with approved standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to plat plans or site development plans. The Public Utilities Division further states that Collier County has... The Transportation Division further states that the roadway infrastructure is... Finally,the project's development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. There is adequate supporting infrastructure to accommodate this project, including Collier County Water-Sewer District potable water and wastewater mains. Adequate public facility requirements will be addressed when future development approvals are sought. The Public Utilities Division further states that the area... The scope of any system improvements will be determined at the time of SDP or PPL permit review. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of PUDA-PL20170001326; Esperanza Place Page 8 of 13 Revised: July 29,2018 such regulations. A single deviation is in the PUD amendment request. Please see the deviations section of the report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered the 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: (Zoning Division staff responses in non-bold): 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the IAMP. 2. The existing land use pattern. The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not likely change the existing land use patterns in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned PUD and would remain that way. It would not be an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The application does not include boundary changes to the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request, however, that complies with the provisions of the LDC as the applicant seeks changes to the PUD. The changes include proposed uses and a requested deviation from the LDC for the Esperanza Place PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed changes are not likely to adversely 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 PUDA-PL20170001326; Esperanza Place Page 9 of 13 Revised: July 29, 2018 peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. Insert Transportation Element here... The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that the PUD Amendment request will create drainage problems in the area. Stormwater best management practices,treatment,and storage for this project will be addressed through Environmental Resource Permitting(ERP)with the South Florida Water Management District(SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment for Esperanza Place is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the adjacent property is already developed as residential use. The proposed amendment to the Esperanza Place PUD reduces intensity and is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed PUD Amendment complies with the LAMP and is found consistent,then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance PUDA-PL20170001326; Esperanza Place Page 10 of 13 Revised: July 29, 2018 with existing zoning. The subject property can be used in accordance with existing zoning, however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is the proposed uses are not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the IAMP and the LDC. The Zoning Division staff does not review other sites related to 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 minimal site alteration as the site is already cleared and roads for the residential uses are in place now. The development standards would be applied during the SDP and plat process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the IAMP as part of the amendment process, and they find it to be consistent. The concurrency review for APF is determined at the time of SDP review. 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. DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. The petitioner's rationale and staff analysis/recommendation is outlined below. Note: There are two existing deviations that are in effect for Ordinance 08-28 they are listed here as well. Deviation 1 and 2 previously approved by Ordinance 2008-28 PUDA-PL20170001326; Esperanza Place Page 11 of 13 Revised: July 29, 2018 1. A deviation from Section 5.05.08 of the LDC, which requires non-residential components of any PUD to meet architectural design standards to allow the non-residential component of Tract A to be exempt from these standards. 2. A deviation from Section 3.05.07 of the LDC,which requires on-site preservation of 25 percent of the native vegetation on the site to allow off-site preservation or payment toward the Conservation Collier Trust Fund, in accordance with Commitment III.B, described in Exhibit F of this RPUD. Deviation #3 Fences and Walls Seeks relief from LDC Section 5.03.02.C.1.a,Fences and Walls,which requires residential zoning districts and designated residential components of PUDs shall be subject to a maximum fence or wall height of 6 feet for lots greater than 1 acre,to allow a perimeter wall height to be a maximum of 8 feet for the group housing use on Tract A. Petitioner's Justification: The proposed group housing use is for care units, and temporary emergency and transitional shelter for women. The proposed shelter will be a gated and secure facility due to the nature of their operation. The 8-foot high wall will be a key component for the overall security of the shelter operation. Consistent with the LDC, landscape material will be installed on the external side of the proposed wall as specified in Section 5.03.02.H.2 of the supplemental standard for fences/walls. The proposed group housing shelter use is a community facility use and could be considered non-residential for purposes of the PUD, which otherwise would provide for an 8'high wall by right. Staff Analysis and Recommendation: The deviation is reasonable as it relates to the needs and requirements of a shelter use. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on February 8, 2018, 5:30 PM, at the Immokalee Branch Library at 417 N. First Street, Immokalee, FL. For further information, please see the NIM Summary in the back-up material. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on July 27, 2018. RECOMMENDATION: PUDA-PL20170001326; Esperanza Place Page 12 of 13 Revised: July 29,2018 Zoning Division staff recommends the CCPC forward petition PUDA-PL20170001326 Esperanza Place PUD to the Board of County Commissioners with a recommendation of approval, subject to a Type 'B' buffer being required along the East side of Tract'B' if single-family attached buildings with 3 or more dwelling units are proposed. The CCPC is not being asked for a recommendation related to the Affordable Housing Agreement. Attachments: A) Proposed PUD Ordinance (strikethrough-underline) B) Proposed Master Plan Esperanza Place C) FLUE Consistency Review PUDA-PL20170001326; Esperanza Place Page 13 of 13 Revised: July 29, 2018 9gie9nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 2, 2018 SUBJECT: PUDA-PL20170004428 WHITE LAKE CORPORATE PARK PROPERTY OWNERS/APPLICANT/AGENT: Owner/Applicant: Agent: Power Holding Corporation Patrick Vanasse,AICP c/o William Higgs RWA Engineering, Inc. 3050 N. Horseshoe Drive #105 6610 Willow Park Drive suite 200 Naples, FL 34104 Naples, FL 34019 Gold Coast Premier Property IV LLC There are other owners in the industrial area 16155 SW 117 Avenue B2 that are not part of this PUD Amendment Miami,FL 33177 REQUESTED ACTION: The petitioners are requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 2001-59, the White Lake Corporate Park Planned Unit Development (PUD) by providing that 173 square feet of commercial square footage be reduced for each hotel/motel room; and by adding tool rental and leasing as a permitted use; and by adding general warehouse and storage as an accessory use;and by increasing the commercial development land area by three acres; and by revising development commitments; and by revising the PUD Master Plan to move the Tract C boundary to the east and include the FPL easement area; and providing an effective date for the amendment. GEOGRAPHIC LOCATION: The subject property consists of 144.4 acres and is located northeast of, and adjacent to, the intersection of I-75 and Collier Boulevard in Section 35, Township 49 South, Range 26 East, Collier County (see location map, page 2). The proposed master plan document is included as Attachment D. PUDA-PL20170004428;White Lake Corp Park Page 1 of 13 Revised:July 24, 2018 a? I 12 ::::za. W 0 S 4 raj F. H v r 11 U g MI " r:11 art il o z a t.....41 `� ®MI. .� - 44, In lik jii l�1ltrsr' pptLj*,♦ in amorini •i Irma ,,41,4,000 !al i A vical . iri I= 11111111111111111111 I FAME ' 111 g 111 Mat o el 1L , .,.... 1 iiiMillainr 1 an 1 ____...,.. s ._. dal, 0N J CL ,.1 Z N 1.. z Z � o � c W a O We_ 'IQ w47. pCC 0 CD aKy Y{ FQN K (R U 2, CD j G7, _ lEraci w b >U � Wp y �W71z cl p oL Jona�iio�J( , iX C— 4c, —r4)-Y^ I tti 71,11 9,'' g Cla 'icn.i8 / 5c S _ 7 U4 K8 Qv �U0 ., o 5 2� ,--I ri i Inital ill a. 8 E I .I.J1 FC:._ ,,,, PUDA-PL20170004428;White Lake Corp Park Page 2 of 13 Revised: July 24, 2018 PURPOSE/DESCRIPTION OF PROJECT: The White Lake Industrial Park PUD was originally approved by Ordinance Number 93-01, and it was subsequently repealed by Ordinance 01-59 and changed to the White Lake Corporate Park PUD. The current ordinance was approved on November 2, 2001. (Please see Attachment: B Ordinance Number 01-59). This petitioner seeks to amend the White Lake Corporate Park PUD, by amending Table 1 to change Tract I from 136.5 to 133.5 acres; and to change Tract "C" from 7.8 acres to 10.8 acres.The applicant seeks to amend Section 2.15 Architectural Design Standards and instead align that section to comply with Section 5.05.08 of the Land Development Code (LDC). The proposed PUD Document changes are included in Attachment A. The existing PUD allows hotel and motel units if a commensurate amount of commercial development opportunity is lost. Based on a comparison of trip generation, the the applicant proposes to reduce the commercial square footage by 173 square feet for each hotel unit at the time of SDP. Currently, Section 4.3 Permitted Uses allows up to 150 hotel or motel rooms. The applicant proposes to change the total allowable rooms for a hotel to 281 rooms. The total change in the commercial square footage is 22,663. The total allowable commercial square footage is 96,165 square feet and will not change. The table below details the proposed changes utilizing the applicant's square footage number for hotel rooms at 173 square feet and reduced trip generation: Approved Rooms Proposed Room Increase % Change Approved Square Feet Proposed Square Feet Hotel Square Feet Traffic Trips 150 rooms x 173 sf = 281 rooms x 173 sf = +22,663 sf Appr. 5,584 25,950 sf 48,613 sf + 131 rooms Prop. 3,436 61%fewer trips If all the hotel rooms are built,the remaining commercial square footage space available for other commercial development on Tract"C"would be 47,552 square feet. There are two additional changes proposed to Section 4.3 Permitted Uses.The applicant proposes to add Equipment Rental and Leasing (SIC 7359) as a permitted use. The applicant seeks to add General Warehousing and Storage to the list of Accessory Uses. The SIC code is 4225, and the proposal specifically excludes mini-warehouse, and self-storage type use. For Section 4.4 Development Standards,the applicant seeks to align the PUD parking requirements with the current standards of the LDC. PUDA-PL20170004428;White Lake Corp Park Page 3 of 13 Revised:July 24, 2018 r For Section 5.4 Schedule of Development Report and Sunset Provisions,the applicant proposes to update the PUD monitoring and Sunset provisions to the current LDC. For Section 5.8 Utilities, the applicant proposes to amend the section to convey a County Utility Easement to the Water Sewer District at the terminus of Shaw Boulevard and Shearwater Street for future water distribution system interconnection. SURROUNDING LAND USE AND ZONING: North: Hotel Use and Approved County Sports Park, zoned City Gate PUD DRI South: I-75 Alligator Alley R.O.W. East: Vacant land,zoned A, Agricultural West: Vacant land (I-75), zoned Collier Boulevard Mixed Use Commerce Center PUD Aerial Ma. Coun GIS 0 i V. ,k +4, , ....,4 , - ,. ...,, fi , - ,---,, , - , . „,..„ gni_ ,.. _ _ -\,..,_ 4 s 'tik ' ---''''''48**ktoo,..„ ' ''''''''k'k'.....„,..,, j 1. -: 411:-,-,,,,_:. 1 71. .,.. ,,,, *4..t.h. -,.. r�M ! e , 1. m 1 C< cwirtk wos!a .gip.. .� ., a. _..� . , ` PUDA-PL20170004428;White Lake Corp Park Page 4 of 13 Revised: July 24, 2018 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Commercial District, Interchange Activity Center Subdistrict(#9),as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the GM). Relevant to this petition, the northeast quadrant of Interchange Activity Center #9 allows commercial uses of the C-1 through C-5 zoning districts and uses of the I, Industrial zoning district,and does not limit the total number of hotel units allowed but does limit hotel density to 26 units per acre. An Interchange Master Plan was developed and is implemented through a zoning overlay. The existing White Lake Corporate Park PUD allows a variety of commercial and industrial uses, consistent with the Interchange Activity Center#9. The PUD does not include the 26 unit/acre cap for hotel use. That cap was in the Interchange Activity Center Subdistrict when this PUD was approved in 2001; it is unknown how the PUD was approved without that cap. Inasmuch as this PUDA proposes to amend the hotel entry, staff believes the cap should be added. The proposed uses are allowed in commercial and industrial zoning districts. With the second submission of this petition,the cap of 150 hotel units was revised to reflect a cap of 26 hotel units per acre and added to the PUD for a maximum of 281 rooms (10.8 acres * 26 hotel units/acre=280.8 rooms rounded to 281). The second submittal PUD stated that the Traffic Impact Study (TIS) finds that a square-foot equivalent for each hotel room of 173 square feet of commercial square footage(for each room of hotel use, commercial square footage must be decreased by the equivalent). Tract C is limited by the PUD to 96,165 square feet of commercial uses; therefore, 173 square feet must be deducted from the maximum commercial square footage for each hotel room. The maximum 281 hotel rooms would reduce the available commercial square footage for development to 47,552 square feet(173 sf* 281 room=48,613 square feet; 96,165 —48,613 =47,552). When this PUD was approved in 2001, it was deemed consistent with the FLUE, including the Activity Center Subdistrict's factors to be considered for rezoning, and applicable policies under Objectives 5 and 7. The FLUE has not been amended subsequently so as to affect consistency. Further,this PUD is substantially developed. FLUE Consistency Review,Attachment C. Based upon the above analysis, the proposed PUDA may be deemed consistent with the Future Land Use Element. Transportation Element(TE): In evaluating this project, staff reviewed the applicant's TIS for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2017 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway PUDA-PL20170004428;White Lake Corp Park Page 5 of 13 Revised: July 24, 2018 1 segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links(roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed PUD Amendment petition on the subject property was reviewed based on the applicable 2017 AUIR Inventory Report and the 10`h edition of the Institute of Transportation Engineers (ITE) manual. The TIS submitted in the application indicates that the proposed development will generate approximately 3,436 Daily 2-way trips. The proposed development will impact the following roadway segments with the listed capacities: Roadway Link 2017 Current Peak 2017 AUIR AUIR Hour Peak Remaining Existing Direction Service Capacity LOS Volume/Peak Direction Collier Boulevard Golden Gate Main B 3,600/North 2,027 (CR 951) Canal to I-75 Collier Boulevard I-75 to Davis C 3,600/North 1,082 (CR 951) Boulevard Based on the 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed trips for the proposed development within the 5-year planning period. Therefore,the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Operational impacts will be addressed at the time of first development order(SDP or Plat). PUDA-PL20170004428;White Lake Corp Park Page 6 of 13 Revised: July 24, 2018 Conservation and Coastal Management Element(CCME): The proposed changes do not affect any of the environmental requirements of the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"),which establish the legal basis to support the CCPC's recommendation. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District.County staff will also evaluate the project's stormwater management system,calculations, and design criteria at the time of site development plan(SDP) and/or platting(PPL). Environmental Review: The proposed changes do not affect any of the environmental requirements of the PUD Document. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Landscape Review: There are no deviations requested. The buffers shown on the updated Master Plan are the same as what was shown on the original Master Plan, and the requested additional primary use and accessory use do not change the buffer requirements. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. Staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. School District: A Collier County School District review is not applicable. Utilities Review: The project lies within the regional potable water service area and the south wastewater service area of the Collier County Water-Sewer District. Water and wastewater services are readily available via existing infrastructure extended throughout the project. Downstream wastewater system capacity must be confirmed at the time of development permit (SDP or PPL) review and will be discussed at a mandatory pre-submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water-Sewer District's wastewater collection/transmission system necessary to provide sufficient PUDA-PL20170004428;White Lake Corp Park Page 7 of 13 Revised: July 24, 2018 capacity to serve the project will be the responsibility of the developer and will be conveyed to the Collier County Water-Sewer District at no cost to the County. Zoning Services Review: The most significant change proposed to the White Lake Corporate Park PUD is the change in commercial square footage dedicated to hotel use related to an increase in the number of hotel rooms allowed under the PUD list of permitted uses. While a SDP has not yet been submitted, it appears that the remaining land area on Tract C is intended for a new hotel building. Hotel use is already listed as an approved use and is consistent with existing uses in the area. The other significant change to the PUD is the addition of a new use under the list of permitted uses. Equipment Rental and Leasing Not Elsewhere Classified (SIC 7359) is proposed. The applicant has indicated that hotel use is their preferred use and the addition of equipment rental as a potential use is a desired option.The classification SIC 7359 includes airplanes,appliances,coin- operated machines, electronic equipment, oil field equipment, party supplies, pianos, televisions, portable toilets, tools, and vending machines. Two of these activities, industrial truck rental, and portable toilet rental,may not be desirable in the White Lake PUD location.There are several hotel uses in the immediate area,which is similar to residential use. Industrial truck storage and portable toilet storage may not be compatible with hotel (residential)type uses. The Planning Commission may wish to specifically exclude those uses from the PUD amendment text. The applicant proposes to add an accessory use under Section 4.3 for General Warehousing and Storage, SIC 4225.They propose to exclude mini-warehouse and self-storage type accessory uses. The proposed accessory use appears to be reasonable. The Planning Commission may wish to require accessory storage to be within an enclosed building. PUD Findings: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": (Zoning Division staff responses in non-bold) 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. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area except for the identified uses for industrial truck rental and portable toilet rental and storage related to those uses. The Public Utilities Division further states that the subject site fronts on White Lake Blvd. Water distribution and wastewater collection/transmission mains are readily available within the White Lake Blvd and internal rights-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD; however, the County/District cannot guarantee capacity in the wastewater collection/transmission system. PUDA-PL20170004428,White Lake Corp Park Page 8 of 13 Revised: July 24, 2018 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney's Office and demonstrate unified control of Tract"C." 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the GMP.They have found the proposed amendment to be consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed changes to the PUD Document do not affect the landscaping standards of the originally approved PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. Compliance with approved standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to plat plans or site development plans. The Public Utilities Division further states that Collier County has sufficient treatment capacity for water and wastewater service to the project; however, the developer should anticipate costs for any necessary collection/transmission system upgrades, as determined by the Public Utilities Engineering and Project Management Division at the time of SDP or PPL permit review, based upon the intensity and phasing of development. All necessary utility infrastructure improvements will be the developer's responsibility to design, permit, and construct. The Transportation Division further states that the roadway infrastructure is sufficient to serve the proposed project, as noted in the consistency review. Operational impacts will be addressed at the time of first development order (SDP or Plat), at which time, a new Transportation Impact Statement(TIS)will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. PUDA-PL20170004428;White Lake Corp Park Page 9 of 13 Revised: July 24, 2018 7. The ability of the subject property and of surrounding areas to accommodate expansion. There is adequate supporting infrastructure to accommodate this project, including Collier County Water-Sewer District potable water and wastewater mains. Section 5.1 Purpose, of the PUD Document, proposes to amend the document to convey necessary County Utility Easements (CUE)to the Water and Sewer District for future water/sewer interconnections with adjacent properties that may be necessary. Adequate public facility requirements will be addressed when future development approvals are sought. The Public Utilities Division further states that the area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project; however, developer sponsored upgrades to the wastewater collection/transmission system may be needed to accommodate the proposed development. The scope of any system improvements will be determined at the time of SDP or PPL permit review. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. Proposed future development for the White Lake Corporate Park PUD is required to comply with the LDC and any other applicable codes. At this time, the applicant is not requesting deviations from the LDC. Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered the 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: (Zoning Division staff responses in non-bold): 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not likely change the existing land use patterns in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDA-PL20170004428;White Lake Corp Park Page 10 of 13 Revised:July 24, 2018 The property is zoned PUD and would remain that way. It would not be an isolated district. p p Y Y 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The application does not include boundary changes to the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request, however, that complies with the provisions of the LDC as the applicant seeks changes to the PUD. The changes include proposed uses and an adjustment to the total commercial area for the White Lake PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. This criterion is not applicable. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order(SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that the PUD Amendment request will create drainage problems in the area. Stormwater best management practices,treatment, and storage for this project will be addressed through Environmental Resource Permitting(ERP)with the South Florida Water Management District(SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Amendment for White Lake is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is PUDA-PL20170004428;White Lake Corp Park Page 11 of 13 Revised:July 24, 2018 generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Much of the adjacent property is being developed as hotel use. The approval of additional commercial square footage dedicated to hotel use is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed PUD Amendment complies with the GMP and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning, however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is the proposed uses with recommended conditions related to portable toilets and industrial truck storage, is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the GMP and the LDC. The Zoning Division staff does not review other sites related to 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 minimal site alteration as the site is already cleared and a hotel is under construction near the site. The development standards would be applied during the SDP and plat process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth PUDA-PL20170004428;White Lake Corp Park Page 12 of 13 Revised: July 24, 2018 Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the GMP as part of the amendment process, and they find it to be consistent. The concurrency review for APF is determined at the time of SDP review. 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. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on May 31,2018, 5:30 PM,at the Golden Gate Community Center Club at 4701 Golden Gate Parkway,Naples, FL, Room C. For further information, please see the NIM Summary, Attachment E. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: This project does not require the Environmental Advisory Council (EAC) review as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on July 24, 2018. RECOMMENDATION: Zoning Division staff recommends the CCPC forward petition PUDA-PL20170004428 White Lake Corporate Park PUD to the Board of County Commissioners with a recommendation of approval, subject to the removal of industrial truck rental and the removal of portable toilet rental as permitted uses in Tract "C." Attachments: A) Proposed PUD Ordinance (strikethrough) B) PUD Ordinance 01-59 C) FLUE Consistency Review D) Proposed Master Plan E) NIM Meeting—Summary Sheet PUDA-PL20170004428;White Lake Corp Park Page 13 of 13 Revised:July 24, 2018