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Ex Parte - Fiala 11/13/2018 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA NOVEMBER 13, 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 adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a church within an Estates Zoning District pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for property located on the southeast corner of Golden Gate Boulevard and Collier Boulevard in Section 11, Township 49 South, Range 26 East, Collier County, Florida. (PL20160002577) (This is a Companion to Agenda Item 9.A) NO DISCLOSURE FOR THIS ITEM X SEE FILE ®Meetings Correspondence ®e-mails Calls Met w/ Rich Yovanovich, Jessica Harrelson, Josh Fruth, Adrian Roman and Anna Weaver, Email from a neighbor, Staff Report ADVERTISED PUBLIC HEARINGS (no Ex Parte) CONSENT AGENDA 16.A.11 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 minor final plat of Sent Creek Preserve Phase 2C, Application Number PL20180000470. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence ( le-mails Calls 16.A.12 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 ,sola Bella, (Application Number PL20180002267) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ['Correspondence e-mails Calls Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA NOVEMBER 13, 2018 CONSENT AGENDA (continued) 16.A.13 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 minor final plat of Lot 8, Southwind Estates Replat, Application Number PL20180000406. 7 NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls 16.A.29 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 Commercial Excavation Permit PL20180002282 to excavate and remove an additional 284,085 cubic yards of material from the existing approved East Naples Mine — Phase 1. ® NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails nCalls 16.A.30 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 Commercial Excavation Permit PL20180002284 to excavate and remove an additional 506,337 cubic yards of material from the existing approved East Naples Mine - Phase 2. NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails nCalls Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA NOVEMBER 13, 2018 SUMMARY AGENDA 17.A. This item requires that 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. 99-97, the Collier Tract 21 Planned Unit Development by allowing automotive vehicle dealers as a principal use, allowing a hotel up to 200 rooms instead of 100 rooms, and establishing a traffic trip cap for the commercial tract; providing a parking deviation for a luxury automobile dealership; and by providing an effective date. The commercial parcel, consisting of 3.4+/- acres of the 267.44-acre PUD, is located on the west side of US 41 and approximately 2,200 feet north of 111th Avenue in Section 21, Township 48 South, Range 25 East, Collier County, Florida. (This is a companion to Agenda Item 17.B) NO DISCLOSURE FOR THIS ITEM ® SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Staff Report Brown lee Michael From: Jan Lopata <JL240z@hotmail.com> Sent: Monday, November 12, 2018 4:19 PM To: FialaDonna; SaundersBurt; TaylorPenny; McDanielBill Subject: Proposed conditional use PL20160002577 Categories: PRINTED Hello Sorry for the late post. I just found out that the Collier County Planning Commission approved the addition of an Alcohol and Drug Rehab service to the church use. As you may know the neighborhood is against the conditional church use in the residential neighbor hood. This rehab use was not on the proposal presented to the neighborhood information meeting a few months back and there were many limitations and changes shown on that proposal. The limits set didn't help to make the project wanted by the area and that was supposed to go as it was to the CCPC. They made changes that were not made known and the CCPC approved it to pass on to your meeting on the 13th of this month. I don't see how the rehab condition can be added at the last minute. There must be certification requirements needed as well as state and federal requirements. I don't know if those questions were even brought up. Churches usually don't have in house rehab. Just a list of people to send troubled souls to where they can seek help. Most didn't go to the meeting as the thought was the proposal shown at the neighborhood meeting was what was to be voted on at the CCPC meeting on the 20th of Sept. Its as tho the CCPC just wanted to be shed of the problem and pass it on to you. Even the county Attorney recommended not to approve the conditional use. I am sure that you know that this is not the first time a conditional use has been attempted. I know it has been tried at least twice before and voted down. Please do the right thing and do not allow this conditional use to pass. Thank you Jan Lopata 1 BrownleeMichael From: Gary VanDeWerken <garyvandewerken@yahoo.com> Sent: Monday, November 12, 2018 12:36 PM To: FaulknerSue; Andy.Solis@colliercounty.gov; McDanielBill; SaboJames; SaundersBurt; FialaDonna; TaylorPenny Subject: "Property Zoned Residential Estates Keep it Residential" Grace Romanian Baptist Church Categories: PRINTED To The Collier County commissioners, As a long term resident of Collier County of 50 years, Im living on the property adjacent to the subject property for 32 years with my family because it is zoned residential estates. I will ask all commissioners these questions, when you purchase property in a residential neighborhood did you plan on changing the zoning? Do you want a church and traffic associated with it next to your home? Would you want somebody to change zoning in your in your residential neighbor hood? Would you like drug rehabilitation center next to your home? Do you think its in your neighborhoods best interests to have drug rehabilitation and traffic associated with a church? We have seen no plans of the actual building,just plotted land and parking, septic drain field.There was an environmental study completed? How did they forget the land purchased for a supply well by Collier County off 1st Ave SW less than 100 feet away from proposed church drain field. A seating capacity of 300 on septic system is not acceptable for anyone in the vacinity using well water for drinking supply that would be everyone. Is there room for a sewer water treatment plant on the subject property? No sewer available, should not be allowed. Grace Romanian Baptist Church had another piece of land rezoned conditional use,they sold it. I appose anything other than residential estates, keep it residential estates.This is the gateway to the Golden Gate Estates. Thanks For Your time Gary VanDeWerken 1 BrownleeMichael From: MARK WOOD <mmw3530@comcast.net> Sent: Sunday, November 11, 2018 4:15 PM To: FaulknerSue; SaboJames; FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Subject: Growth Management Plan Amendment(PL20160002584) and Conditional use approval (PL20160002577) Categories: PRINTED Dear Ms. Faulkner; Mr. Sabo; Ms. Fiala; Mr. Solis; Mr. Saunders; Ms. Taylor; Mr. McDaniel: I am writing this letter as I cannot attend the scheduled meeting on Tuesday, November 13th at 9:00am. My husband and I have owned our home on 1st Avenue SW since January of 2004. In that period of time we have seen the expansion of the Estates Naples Kingdom Hall Church at 3480 Golden Gate Blvd West, the closure of the access road from Golden Gate Blvd to Webber, and now the new Church that is slated to be constructed on the SE corner of Webber and Golden Gate Blvd. We already have the following on our street: Cypress Wood Presbyterian Church Estates Naples Kingdown Hall Church Max A. Hasse Jr. Community Park Big Cypress Elementary School All of these are within 1/2 a mile of the site where the new Church is being built. We are already subjected to morning and afternoon traffic, and cars parked on our street (to the point that our home cannot be accessed from 2:45pm until 3:15pm) due to the school. There is also traffic all day long due to the park and the 2 Churches. The Estates Naples Kingdom Hall Church has services during the week as well as the weekend. In addition, due to the closure of the left hand turn on to Webber from Golden Gate Estates when heading east, now our street has become a cut through to get to Webber. In the morning at 7:00am 1 there are cars driving 50 miles an hour down our street. This happens from 7:00am to about 9:00am as people are heading to work and then later in the afternoon for either picking up children at Max Hasse or cutting through to Golden Gate Blvd. Once a month on Saturday the Park has a yard sale that last from about 8:00 until 2:00pm. I walk every morning from my home at 3530 1st Avenue SW to 5th Avenue SW, and it has become extremely frightening as the traffic on 1st Avenue SW and the traffic on Webber is excessive, and for the most part everyone is speeding and none of these individuals live on either Webber or any street off Webber. You are now letting another Church be built on an already congested 1/2 a mile radius and honestly do we need another Church so close to the other two? If people are coming from the East to attend the new Church on the corner of Webber and the Blvd, and if there is an entrance on 1st Avenue, then they will be coming down 1st Avenue SW to access the Church. More traffic on our street and more traffic on Webber. We did not move out to Golden Gate Estates to live next to a drug and rehab center, that I am assuming will have 24 hour access, or 3 Churches within a 1/2 mile radius. Please put yourselves in our shoes and think "would you like to have this much congestion in your neighborhood"? Sincerely, Marlene and Mark Wood 2 BrownleeMichael From: Patrick Miller<Patrick.Miller@lmcu.org> Sent: Saturday, November 10, 2018 5:04 PM To: FialaDonna Subject: Fwd: Grace Romanian Church GG Blvd and 951 Categories: PRINTED Begin forwarded message: From:<Patrick.Miller@lmcu.org> Date: November 10, 2018 at 4:09:59 PM EST To:<sue.faulkner@colliercountyfl.gov>, <Bill.mcdaniel@colliercountvfl.gov>, <donna.fiala@colliercountfl.gov>,<burt.saunders@colliercountyfl.gov>, <penny.taylor@colliercountyfl.gov>,<andy.solis@colliercountvfl.gov> Cc:<Mark.Strain@colliercountyfl.gov> Subject:Grace Romanian Church GG Blvd and 951 To all: This petition continues to change from a neighborhood church with limited hours and restrictions which are much more compatible with our Neighborhood and the life that we all have moved to the Estates to enjoy. My wife and I have lived on Weber Blvd S for over 25 years and in Collier County for over 50 years. Please review your own county attorneys guidance that the CPI ignored! I quote their job is to how to make the conditional use compatible with the neighborhood " They failed in their duties and this conditional use is not compatible with the neighborhood when it is allowed to operate 24 hrs a day 7 days a week and have drug and alcohol rehab services, This request also requires an amendment to the Land Development Code which should also not be approved. Please Please do not vote for this request and send it back for reconsideration to the CCPC and instruct them to do their duties as out Inked by the county attorney Thank you for your time and consideration Patrick K. Miller Terry B Miller 210 Weber Blvd S Naples, Fl. 34117 239-216-2285 1 BrownleeMichael Subject: Meet w/ Rich Yovanovich, Jessica Harrelson, Josh Fruth, Adrian Roman and Anna Weaver re: Grace Romanian Church Location: BCC Conference Room Start: Tue 11/6/2018 2:00 PM End: Tue 11/6/2018 2:30 PM Recurrence: (none) Organizer: FialaDonna 1 BrownleeMichael From: James Schortemeyer<schortfire@aol.com> Sent: Monday, November 05, 2018 10:25 AM To: FialaDonna Subject: Re: Ordinance petition PL20160002584/CPSS-2017-1, Honorable Commissioner Fiala, PLEASE DENY THIS PETITION. Ordinance petition PL20160002584/CPSS-2017-1, a Growth Management Plan Small Scale Amendment specific to the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, to allow church uses for the Grace Romanian Baptist Church. (Adoption Hearing) [This is a Companion to Agenda Item 6976] South Weber Blvd. has already been adversely impacted by zoning changes on first avenue SW and so called road 'improvements' on Golden Gate Blvd. and White Blvd. Left turns are not allowed onto either of these roads from South Weber BLVD. Traffic patterns are already intolerable and another zoning 'exception' along this corridor should not be approved. It will further exacerbate traffic issues with increased illegal turns, u turns, and wrong way traffic. The Weber Blvd. Estates Zoning has already been severely severely compromised by high volume traffic on CR 951, White Blvd. and golden Gate Blvd. Along with already approved variances including nearby commercial developments we are at the threshold of losing the wildlife and environmental benefits that we cherish. Right now, we are fortunate to have large mammals such as deer, panther and black bear frequent our neighborhood but there have already been too many vehicle collisions with these large mammals. Please protect our'estates zoning', environmental values, and wildlife by denying this petition to allow another zoning exception in Unit 4, GGE. Jim Schortemeyer 3481 5th ave sw Naples, Fl 1 $grnty SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION(CCPC) FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: SEPTEMBER 20,2018 SUBJECT: PETITION CU-PL20160002577, 3899 1st AVE SW COMPANION ITEM: PL20160002584/CPSS-2017-1 PROPERTY OWNER/AGENTS: Applicant Owner: Agent: Grace Romanian Baptist Church of Naples Inc. Josh Fruth, P.E. 6017 Pine Ridge Road#84 Davidson Engineering, Inc. Naples, FL 34119 4365 Radio Road, Suite 201 Naples,FL 34104 Richard Yovanovich, Esq. Coleman,Yovanovich, Koester 4001 Tamiami Trail N. suite 300 Naples,FL 34103 REQUESTED ACTION: The applicant seeks approval for a Conditional Use to permit construction of a new church for the subject parcel, which is zoned E, Estates. A church is listed as an allowable conditional use in the Estates zoning district. There is a companion small scale Growth Management Plan (GMP) Amendment with the petition. SUPPLEMENTAL ANALYSIS: The application was continued to the September 20, 2018 CCPC hearing from the May 17, 2018 CCPC hearing and from the May 3, 2018 CCPC hearing. CU PL20160002577 Grace Romanian Page 1 of 4 ver.8.29.18 At the May 3, 2018 hearing, the CCPC requested additional information and clarification regarding proposed conditions of approval related to the project. The clarification requested was for the specific zoned height and actual height for the steeple feature, maximum square footage area for all structures, list of prohibited accessory uses, maximum square footage for the Pastor's residence, outdoor lighting as "dark sky" compliant, clustered palms, the number of parking spaces, and changing the conceptual site plan to address a right turn only on Weber. A revised proposed Conceptual Site Plan was provided along with revised proposed conditions of approval for the church use. The applicant has addressed the zoned height at 50-feet and actual height for the steeple at 60-feet. The maximum square footage of all structures is shown as 24,000 square feet for the church building and 3,500 square feet for the Pastor's residence. A list of prohibited uses has been provided, which includes daycare, soup kitchens, and outreach programs. The proposed site lighting has been provided, which indicates compliance with Dark Sky provisions. Clustered palms have been provided as part of the Type B. landscape buffer. The maximum number of parking spaces has been detailed as 140 spaces to be provided. The applicant has proposed to eliminate ingress and egress on Weber Boulevard. The back-up CCPC packet materials contains the following information requested by the CCPC: 1. Revised Conceptual Site Plan 2. Revised Conditions of Approval (highlighted and clean) 3. Revised Traffic Impact Statement, Trebilcock TRANSPORTATION REVIEW: 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 CU PL20160002577 Grace Romanian Page 2 of 4 ver.8.29,16 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 Church development will generate a projected total of+/- 12 PM peak hour, 2-way trips for the proposed facility on the adjacent local roadway, Golden Gate Boulevard and Collier Boulevard (CR 951). There is adequate capacity on both roadways to accommodate the proposed Church 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 Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. RECOMMENDATION: The Zoning Division Staff recommends that the Collier County Planning Commission(CCPC) forward Petition CU-PL20160002577 to the Board of Zoning Appeals (BZA) with a recommendation of approval for the proposed Conditional Use for a church if the companion GMP Amendment petition PL20160002584/CPSS-2017-1 is approved and becomes effective. The Conditional Use Resolution effective date and the GMP Amendment effective date should be linked and subject to the Conditions of Approval in the proposed Resolution. ATTACHMENTS: Attachment A. Proposed Resolution 8-14-18 Attachment B. Revised Traffic Impact Statement, Trebilcock CU PL20160002577 Grace Romanian Page 3 of 4 ver.8.29.18 PREPARED BY: 4,0 /Or sem: A► '. ':'-s .ABO,AICP, PRINCIPAL PLANNER DATE ZO 'IVISION-ZONING SERVICES SECTION REVIEWED BY: /Tau- Y, i,,,,,, cv:7,,,,„ RAYMOt V. BELLOWS,ZON G MANAGER DATE ZONING DIVISION-ZONING SERVICES SECTION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION APPROVED BY: j,, S FRENCH,DEP DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT CU PL20160002577 Grace Romanian Page 4 of 4 ver.8.29.18 Cou.nt y 1 7 A STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 20, 2018 SUBJECT: PUDA-PL20180000037 COLLIER TRACT 21 COMPANION ITEM: PL20180000038/CPSS-2018-2 Owner/Applicant: Agent: The Old Collier Golf Club, Inc. Robert J. Mulhere,FAICP 2550 Goodlette Frank Road North#100 Hole Montes, Inc. Naples, FL 34103 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 99-97, as amended, the Collier Tract 21 Planned Unit Development(PUD). GEOGRAPHIC LOCATION: The subject property consists of 3.4+/- acres of the 267.44-acre PUD and is located on the west side of US 41 and approximately 2,200 feet north of 111th Avenue in Section 21, Township 48 South,Range 25 East, Collier County (see location map,page 2). PURPOSE/DESCRIPTION OF PROJECT: This petitioner seeks to amend Collier Tract 21 PUD, approved via Ordinance #99-97, to allow automotive vehicle dealers as a principal use; allowing a hotel up to 200 rooms instead of 100 rooms, and by reducing the allowable commercial parcel by 250 square feet for each hotel room instead of 225 square feet and establishing a traffic trip cap for the commercial tract. PUDA-PL20180000037; Collier Tract 21 Page 1 of 15 Revised: September 12, 2018 0 ii MEN1=-1.911M1111 111�ii ` o Z >slisae�� a r a a o .- hmiiOm•z ® W C LI a s .� a a ¢x t ' it- Ii Bei ' _ a ,�Q _ �l I. �'o 6 o vire i , IE 'Y-�iwi�ii ..j N _ t a-fit,� I I "I°F. {/� NI- p U K o L.. �lAe fHw+...ask is d pia MI ATF 1 QCQQEQ_�EdOa ` va %-"M ..il �.r. 0110.IzzM i� mi.. truti=ran 99, �1 eE I ® iiiwS Ii git e i ^ l. rim" ii Buorgerm ', e� 'a:sc um . ® A IR: it moocecnol ►j.pq 44,1 w m :*IBef� Fa P.7..... aCO „fits mut d: TIrJIS elm met .i. -J1 F 1e Pm d,iwr M ! A Krif, u.jill cn i. '24'41 ,--1--Eit'1,=1;Eiiii S...^t1t,1/4--ig...zpzhiti 4'..Mig c 1`46 D z x '41104331 w zz lir n Lamm 1. h i '�r':". zY NMI flow + , e V as Q _ 4111 �! JI:!1i 9!,[l.iffll1111 .«,,, Ir l iVtlif I=r c� o fir.. i ® W. m eIt. e' .m, AVM UtC -- m 'a a . O l`7]lil�ar'\, Q w `"�`? � ( '� m; mea :1E 31 1E, � -a i� 11 CO N J Z d N E f� Z z o 4 r CC 0- N Mil iwelwel MI N .4 aQ N t ea afl illQ.apum C) 0 m� J a'_ Got Shores ol PUDA-PL20180000037; Collier Tract 21 Page 2 of 15 Revised: September 12, 2018 SURROUNDING LAND USE AND ZONING: 4 This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of Collier Tract 21 PUD: North: Developed golf course within Collier Tract 21 PUD, with a current zoning designation of Collier Tract 21 PUD and is approved for golf courses and lakes. South: Developed commercial with a WalmartSupercenter, with a current zoning designation of Plaza 21 PUD and is approved for commercial uses. East: Tamiami Trail North, a six-lane arterial roadway, and then an automotive vehicle dealership (Germain BMW), with a current zoning designation of Collier Tract 22 and is approved for commercial, office, residential, and recreational facilities. West: Developed golf course within Collier Tract 21 PUD, with a current zoning designation of Collier Tract 21 PUD and is approved golf courses and lakes. i ,p, l S� pp , aiko J , COLLR R ,. Y q i "'rte TRACT22 S`` _ 1 .;..« COLLIER TRACT 21 " GERMAIN `� x c PUD "s rs a BMW at t 'neA ,PLAZtk t. s - .RIVERCHASE £�'' v, SHOPPING +/ 7-R1P S CENTER �.�. � � y. ". a a 7"-i,'42 litj-'777 7'm ,' 2 tv IE ti A Ha"' R a a a_ sp Google Maps 02/2017 PUDA-PL20180000037; Collier Tract 21 Page 3 of 15 Revised: September 12, 2018 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict,as identified on the Future Land Use Map within the GMP. This petition is not consistent with text-based Urban Residential Subdistrict or Mixed-Use Activity Center Subdistrict provisions; it relies, in part, on a companion Small-Scale GMP Amendment to the FLUE provisions toward achieving consistency with provisions of the Urban Commercial District, Mixed-Use Activity Center Subdistrict. That amendment [ref. PL20180000038/CPSS- 2018-2] expands Activity Center #2 to include the subject PUD Commercial Tract "C." This commercial tract was originally approved based upon a former FLUE provision that allowed flexibility in the boundary of Activity Centers. Based upon the analysis of the current petition,the proposed PUD Amendment to (a portion of the) the Collier Tract 21 PUD may be deemed consistent with the FLUE of the GMP, contingent, in part, upon the companion Small-Scale GMP Amendment being adopted and going into effect. The PUD Ordinance needs to provide for the effective date to be linked to an effective date of the companion GMP Amendment. (See Attachment B—FLUE Consistency Review.) 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 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 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. PUDA-PL20180000037, Collier Tract 21 Page 4 of 15 Revised: September 12, 2018 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 commercial PUD Amendment request on the subject property was reviewed based on the applicable 2017 AUIR Inventory Report. The TIS submitted in the application indicates that the PUDA will generate approximately 146 PM peak hour two-way trips which are a reduction of approximately 98 PM peak hour two-way trips compared to the approved PUD which generates approximately 244 PM peak hour two-way trips. Because the applicant intends to retain the approved allowable uses the trip limit provided with this PUDA request is at the higher 244 PM peak hour two-way trips limit. The proposed development will impact the following roadway segments: Roadway Link 2017 Current Peak 2017 AUIR AUIR Hour Peak Remaining Existing Direction Service Capacity LOS Volume/Peak Direction Tamiami Trail Wiggins Pass D 3,100/North 173 North (US41) Road to Immokalee Road Immokalee Tamiami Trail C 3,100/West 1,049 Road North (US41)to Goodlette Frank Road Tamiami Trail Immokalee D 3,100/North 762 North (US41) Road to Vanderbilt Beach Road Based on the 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the projected trips for the proposed PUD 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. Transportation Planning and Comprehensive Planning Staff agreed regarding interconnection to the south noting the following sections of the GMP and LDC: Transportation Element Policy 9.3, which states: "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of neighboring developments, and shall also develop standards and criteria for the safe interconnection of such local streets." PUDA-PL20180000037; Collier Tract 21 Page 5 of 15 Revised: September 12, 2018 li LDC 4.07.02.J.4 4. Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be required except where determined by the County Manager or designee that interconnection is not feasible or warranted due to existing development patterns, transportation network needs, or the like. Interconnection of local streets shall be designed to discourage through traffic,and not adversely impact local streets in the neighboring residential areas. Where streets within the district intersect adjoining streets, visibility triangle shall be maintained. While the petition does not propose vehicular interconnection to the south, Transportation Planning Staff agrees that interconnection is feasible and agrees with Comprehensive Planning Staff's recommendation to allow for intercconection. Conservation and Coastal Management Element(CCME): No revisions to the environmental portions of the PUD are being made. The petition is consistent with the applicable provisions of the Conservation and Coastal Management Element(CCME) 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 (commonly 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. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." 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 Planning staff reviewed the petition for compliance with the GMP and the LDC. No revisions to the environmental portions of the PUD are being made. Environmental Advisory Council (EAC)review is required since there is an active eagle nest(CO 36/36A) located within the PUD just north of the golf course. The active nest is located within the PUD. (See Attachment C.) However, the area of proposed revisions is currently outside of the U.S.Fish and Wildlife Service 660-foot protection zone. There are no modifications to the existing Preserve areas. PUDA-PL20180000037; Collier Tract 21 Page 6 of 15 Revised: September 12, 2018 Landscape Review: There are no deviations for landscape requirements associated with this PUDA. The proposed changes to the PUD do not affect the landscaping standards identified in the original PUD. Transportation Review: Transportation Planning staff reviewed the petition for compliance with the GMP and the LDC and recommends Approval of this PUD request. Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Zoning Services Review: Staff has evaluated the uses proposed and their intensities, and the development standards such as building heights, setbacks, and landscape buffers. Staff also evaluated the building mass, building location and orientation,the amount and type of open space and its location, and traffic generation/attraction of the proposed uses. The amount of allowable square footage for this commercial tract(Tract"C")is 50,000 SF,which includes all the Urban Residential Subdistrict permitted and conditional uses of the Commercial Intermediate (C-3) District as of December 20,1999 and hotels, and motels, and golf course, and lake tract uses. The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict as identified on the Future Land Use Map within the GMP. It shall be noted that the proposed automotive vehicle dealer and the motel/hotel intensity changes are not consistent with this subdistrict. As such,this petition relies on a companion Small-Scale GMP amendment to the Future Land Use Element (FLUE) Map to achieve consistency with the provisions of the Urban Commercial District, Mixed Use Activity Center Subdistrict. This amendment, (PL20180000038/CPSS-2018-2) will add the 3.40-acre Tract "C" into the Mixed-Use Activity Center Subdistrict Activity Center#2 and thereby changing the FLUE Map designation of Tract "C" from Urban, Mixed-Use District, Urban Residential Subdistrict to Urban, Commercial District, Mixed-Use Activity Center Subdistrict, Activity Center#2. The proposed amendments within the Collier Tract 21 PUD will be consistent with the amendments in this Urban,Mixed-Use District,Urban Residential Subdistrict to Urban,Commercial District,Mixed-Use Activity Center Subdistrict.Furthermore,there are public facilities and services available consistent with the levels of service adopted in the GMP, and as defined and implemented through, the Collier County Adequate Public Facilities Ordinance. With regard to development standards, the subject property is generally similar with the Collier Tract 22 and Plaza 21 PUDs with side yard setbacks, maximum heights, minimum lot sizes, and required landscape buffering. (See table below for Development Standards) Moreover, the rear setback for Tract"C"is less restrictive than the neighboring PUDs,and the front setback is slightly more restrictive. Regarding minimum floor areas, the Tract "C" property allows less square footage than the aforementioned PUDs. In essence, the development standards of Tract "C" are generally consistent with the surrounding properties with only marginal differences such as front and rear setbacks, and minimum floor areas. As stated in the Surrounding Land Use and Zoning section,there is an existing automotive vehicle dealership (Germain BMW) directly to the east of the subject property and a Walmart Supercenter directly to the south. The applicant is proposing a luxury car dealership and 200 hotel units for Tract"C"and would not be out of context with the PUDA-PL20180000037; Collier Tract 21 Page 7 of 15 Revised: September 12, 2018 existing higher intensive uses and therefore would be compatible with the community character of immediate surrounding neighborhoods. Development Standards Front yard setback Collier Tract 21 - 30 feet from US 41 plus 5 feet for each story in excess of one story Tract"C"Commercial Collier Tract 22—Commercial/Office 25 feet "CO"Land Use Tract Plaza 21 25 feet from US 41 and 20 feet from 111th Ave North Side yard setback Collier Tract 21 - 15 feet Tract"C"Commercial Collier Tract 22—Commercial/Office 10 feet "CO"Land Use Tract Plaza 21 25 feet Rear yard setback Collier Tract 21 - 15 feet Tract"C"Commercial Collier Tract 22—Commercial/Office 25 feet of which a landscape area of 10 feet shall be provided adjacent to non-commercial "CO"Land Use Tract land uses Plaza 21 25 feet Minimum floor area Collier Tract 21 - 700 s.f. Tract"C"Commercial Collier Tract 22—Commercial/Office 1,000 s.f. "CO"Land Use Tract Plaza 21 1,000 s.f. Maximum height Collier Tract 21 - 50 feet Tract"C"Commercial Collier Tract 22—Commercial/Office 80 feet or 50 feet for a shopping center "CO"Land Use Tract Plaza 21 45 feet Minimum lot size Collier Tract 21 - 10,000 s.f. Tract"C"Commercial Collier Tract 22—Commercial/Office 7,500 s.f. "CO"Land Use Tract Plaza 21 15,000 s.f. Landscape Buffer Collier Tract 21 - 15-foot vegetative buffer along US 41 Tract"C"Commercial Collier Tract 22—Commercial/Office 15-foot landscape buffer along US 41 and a 5-foot landscape buffer between an outparcel "CO"Land Use Tract and/or shopping center Plaza 21 30 percent open space for entire PUD PUDA-PL20180000037; Collier Tract 21 Page 8 of 15 Revised: September 12, 2018 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": 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. Staff has reviewed the proposed amendment and is of the opinion the uses and property development regulations are compatible with the development approved in the area provided the companion GMPA is adopted. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 4. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. As described in the Staff Analysis section of this staff report, the proposed changes to the PUD do not affect the landscaping standards of the original PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. No deviation from the required usable open space is being requested, and compliance would be demonstrated at the time of SDP or PPL. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. PUDA-PL20180000037; Collier Tract 21 Page 9 of 15 Revised: September 12, 2018 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 the next 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. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project based upon the commitments made by the petitioner, and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. All future development proposed on the Collier Tract 21 PUD would have to comply to the LDC and other applicable codes. The petitioner is requesting one deviation to 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 proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject 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 (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning PUDA-PL20180000037; Collier Tract 21 Page 10 of 15 Revised: September 12, 2018 necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards that are specific to the subject parcel. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The 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. The proposed PUDA request is not anticipated to create drainage problems in the area, provided stormwater best management practices,treatment,and storage on this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District(SFWMD).County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning; however,zoning by itself may or may not affect values, since value determination is driven by market value. PUDA-PL20180000037; Collier Tract 21 Page 11 of 15 Revised: September 12, 2018 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The addition of the automotive vehicle use and allowing a maximum of 200 hotel rooms instead of 100 rooms is not anticipated to serve as a deterrent to the improvement of the adjacent 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 development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The 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. It is staffs opinion that the proposed uses, associated development standards, and developer commitments will ensure that the project 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 petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and PUDA-PL20180000037; Collier Tract 21 Page 12 of 15 Revised: September 12,2018 services consistent with the levels of service adopted in the Collier CountyGrowth p Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process, and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this amendment will have no impact on public facility adequacy in regard to utilities. 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 PUD was approved via Ordinance 99-97 without any deviations.The petitioner is now seeking to add one deviation, and this deviation has been directly extracted from the proposed PUD ordinance, itemized in Section 5 (see Attachment A — Proposed Ordinance). The petitioner's justification and staff analysis/recommendation for this deviation are listed below. Deviation #1: (Parking Spaces Required) "Deviation 1 seeks relief from LDC section 4.05.04.G., Parking Spaces Required, to allow a Luxury Auto Dealership (SIC CODE 5511) to provide 65% of the parking required for a non- luxury dealership. For the purposes of this deviation, a Luxury Auto Dealership shall be any automobile dealership that qualifies as a"Luxury Dealership" for Road Impact Fee calculations." Petitioner's Justification: LDC section 4.05.04.G does not distinguish between luxury auto dealerships and non-luxury auto dealerships. Luxury dealerships experience less customer activity than non-luxury dealerships, and thus require fewer parking spaces. The nexus is provided by the Collier County impact fee schedule under the Road impact fee category. Road impact fees are assessed at the rate of$10.94692 per sffor a Luxury Dealership and$16.87814 for a non-Luxury dealership. Based on the ratio between these road impact fees (the basis of which is trip generation), it is logical that the parking requirement for luxury dealerships should be 65% of a non-luxury dealership since they generate 65%less traffic. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3,the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health,safety,and welfare of the community,"and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA-PL20180000037; Collier Tract 21 Page 13 of 15 Revised: September 12, 2018 NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant conducted a NIM on July 26, 2018, at the DoubleTree Suites by Hilton Naples, Sorrento Ballroom — Salon A at 12200 Tamiami Trail North. The meeting commenced at approximately 5:30 p.m. and ended at 5:40 p.m. The applicant's agent explained the request for the proposed PUD Amendment. Robert Mulhere FAICP, the agent, gave a presentation and answered questions from attendees. It was discussed that the changes are to allow: 1) a new car dealership as a principal use 2)Allowing 200 units instead of 100 units for motels and hotels 3)If a hotel is developed then the maximum square footage would be reduced by 250 square feet for every hotel room from the maximum 50,000 square feet on the commercial tract. There were also general discussions about the general location of the commercial tract. No commitments were discussed at this NIM meeting. A copy of the sign-in sheet and NIM summary are included in Attachment D. ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION: Pursuant to Section 2-1193 of the Collier County Code of Laws and Ordinances, the project requires review by the Environmental Advisory Council (EAC)as there is a Bald Eagle nest. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on September 12, 2018. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) FLUE Consistency Review C) Eagle Nest location D) Backup Materials PUDA-PL20180000037; Collier Tract 21 Page 14 of 15 Revised: September 12, 2018 PREPARED BY: ti F TIMOTHY AICP,PRINCIPAL PLANNER �~ 7- DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: RAYMOND BELLOWS,ZONING MANAGER DATE ZONING DI SION-ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION APPROVED BY: I- 7- / S AMES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT PUDA-PL20180000037;Collier Tract 21 Page 15 of 15 Revised:September 7,2018