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Agenda 06/11/2019 Item #9A (Baumgarten MPUD)06/11/2019 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance Number 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 Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 multifamily and/or townhouse residential dwelling units and up to 270,000 square feet of commercial land uses at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, consisting of 55.66+/- acres; and by providing an effective date. [Baumgarten MPUD, PL20170000768] (This is a companion to Agenda Item 11.A) OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes rezoning the former 55.66 acre Pelican Nursery, from Agriculture (A) to Mixed-Use Planned Unit Development (MPUD). The MPUD will permit a maximum of 400 multi-family and/or townhouse residential dwelling units, and up to 270,000 square feet of commercial land uses. See attachment: Proposed PUD Ordinance. The Master Plan, (see attachment: Master Plan), depicts the area of proposed mixed-use (commercial development with optional residences above the commercial development), residential, veh icular circulation and water management areas. A minimum of 30% open space has been provided. To the east of the subject PUD, is the residential community of Bent Creek Preserve, which is partially developed with single-family residences along the shared eastern property line of Baumgarten MPUD. To the south of the subject PUD, is the developed residential community of Tuscany Cove. A potential full interconnection with Bent Creek Preserve and a potential full interconnection with Tuscany Cove are shown on the Master Plan. The PUD proposes mixed-use, commercial, and residential land uses. The Mixed-Use “MU” tracts allow for commercial only land uses as well as residential dwellings located above retail or office uses and are identified as “MU” tracts on the Master Plan. The residential only tracts are identified as “R” on the Master Plan. The proposed PUD boundary setback for Mixed-Use “MU” tracts principal and accessory land uses are 25 feet from Immokalee Road and Collier Boulevard, and 200 feet from the southern/Tuscany Cove boundary. The proposed PUD boundary setback for mixed -use “MU” tracts principal and accessory land uses from the eastern /Bent Creek boundary is 50 feet for principal land uses and 15 feet for accessory land uses. The proposed PUD boundary setback for Residential only “R” tracts is 105 feet for principal land uses and amenity areas, and 15 feet for accessory structures. The petitioner proposes a maximum zoned height of 45 feet and an actual building height of 65 feet for retail buildings, and a maximum zoned building height of 55 feet and an actual building height of 65 feet for office buildings located on the Mixed-Use “MU” tracts. 9.A Packet Pg. 35 06/11/2019 The petitioner proposes a maximum zoned building height of 45 feet and an actual buildi ng height of 50 feet for townhouses, and a maximum zoned height of 55 feet and an actual building height of 65 feet for multi-family buildings located on the Residential “R” tracts. The proposed height for the Amenity Area is a maximum zoned height of 2 5 feet and an actual height of 35 feet. There is a proposed 20-foot wide Type D landscape buffer along Immokalee Road and Collier Boulevard. A 15-foot wide Type B landscape buffer is proposed along the residential developments of Tuscany Cove and Bent Creek Preserve. There are three proposed deviations related to street width, directory signs, and ground signs. For further information, please see the Deviation Section located on page 17 of the Staff Report. There is a companion Developer Agreement outlining transportation commitments. Please see Agenda item 11A, Baumgarten Developer Agreement. FISCAL IMPACT: The PUD Rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDR and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attachment: FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDR-PL20170000768, Baumgarten MPUD on April 18, 2019, and continued the petition to May 16, 2019, to hear additional testimony. The CCPC voted 7 -0 to forward this petition to the Board with a recommendation of approval subject to the following conditions of approval related to: - The May 6, 2019, PUD Document revisions shall be incorporated into the final PUD Document; - There shall be no outdoor dining on the easternmost MU tract located adjacent to Bent Creek PUD; - There shall be a 6-foot height wall on the easternmost MU tract located adjacent to Bent Creek PUD; - There shall be no dumpster enclosures located within 105 feet of the adjacent residential PUD property lines; - The notes related to stormwater outfall shall be removed from the Master Plan; - The staff recommendations related to increasing the setback of buildings with a height 9.A Packet Pg. 36 06/11/2019 greater than 50 feet shall be incorporated into the PUD Document; - The hotel/motel land use shall be removed from the PUD Document; - The commercial square footage shall be reduced from 370,000 square feet to 270,000 square feet with 20,000 square feet allocated to indoor self storage; and - The companion DCA shall be approved concurrently with the Baumgarten land use petition. The requested revisions have been made. See attachment: PUD Ordinance. Letters of objection have been received. Therefore, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is a rezone from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project which will be known as the Baumgarten MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 9.A Packet Pg. 37 06/11/2019 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic conge stion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDR -PL20170000768, Baumgarten MPUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (PDF) 2. Attachment A - PUD Ordinance-Baumgarten - 052119 (PDF) 3. Attachment A-1 - Location Map (PDF) 9.A Packet Pg. 38 06/11/2019 4. Attachment A-2 - Master Plan 5-17-19 (PDF) 5. Attachment B - Page 9 of 11 of Letter dated March 12, 2019 (PDF) 6. Attachment C - Consistency Review.docx 3-20-19 (PDF) 7. Attachment D - Transportation GMP Memo 4-2-19 (PDF) 8. Attachment E - [Linked] (1 of 2) Transcript - Baumgarten PUD 10-16-18 NIM (PDF) 9. Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (PDF) 10. Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (PDF) 11. Attachment F-1 - Letter of Approval fromTuscany Cove POA 5-13-19 (PDF) 12. Attachment G - Tuscany Cove Building Heights and Bent Creek Building Heights 3-29-19 (PDF) 13. Attachment H - [Linked] CCPC Application.pdf 3-29-18 (PDF) 14. Legal Ad - Agenda ID 8584 (PDF) 9.A Packet Pg. 39 06/11/2019 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 8584 Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance Number 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 Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 multifamily and/or townhouse residential dwelling units and up to 270,000 square feet of commercial land uses at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, consisting of 55.66+/- acres; and by providing an effective date. [Baumgarten MPUD, PL20170000768] (This is a companion to Agenda Item 11.A) Meeting Date: 06/11/2019 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 04/10/2019 8:43 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 04/10/2019 8:43 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 04/11/2019 2:30 PM Zoning Michael Bosi Additional Reviewer Completed 04/16/2019 11:47 AM Zoning Ray Bellows Additional Reviewer Completed 04/16/2019 3:25 PM County Attorney's Office Judy Puig Level 2 Attorney of Record Review Skipped 05/21/2019 9:15 AM Growth Management Department James C French Deputy Department Head Review Completed 05/21/2019 2:48 PM Growth Management Department Jeanne Marcella Department Head Review Completed 05/22/2019 1:32 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/22/2019 1:46 PM County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 05/22/2019 1:51 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/24/2019 3:38 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/28/2019 10:23 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/04/2019 1:13 PM 9.A Packet Pg. 40 06/11/2019 Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM 9.A Packet Pg. 41 AGENDA ITEM 9.A.2 9.A.1 Packet Pg. 42 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1Packet Pg. 43Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1Packet Pg. 44Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 45 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 46 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 47 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 48 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 49 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 50 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 51 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 52 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 53 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 54 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 55 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 56 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 57 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 58 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 59 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.1 Packet Pg. 60 Attachment: Baumgarten MPUD Staff Report -signed.pdf 4-8-19 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 61 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 62 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 63 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 64 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 65 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 66 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 67 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 68 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 69 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 70 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 71 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 72 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 73 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 74 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 75 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 76 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 77 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 78 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 79 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 80 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) 9.A.2 Packet Pg. 81 Attachment: Attachment A - PUD Ordinance-Baumgarten - 052119 (8584 : Baumgarten MPUD) TUSCANY COVELAURELWOOD BRISTOL PINES CRYSTAL LAKE BENT CREEKPRESERVE TREEFARM INDIGO LAKES BRITTANY BAY BUTTONWOODPRESERVE VANDERBILTCOUNTRYCLUB WARM SPRINGS ESPLANADE GOLFAND COUNTRYCLUB OF NAPLES HERITAGE BAY PALERMOCOVERPUD SUMMIT PLACEIN NAPLES RICHLAND LEGACYLAKES ADDIE'SCORNER ABACOCLUBRPUD Collier BLVDImmokalee RD À52 À1 À67 À68 À69 À70 X16 X12 À3 À1 À66 À65 À64 À63 À1 À1 À1 À1 À62 À61 À4 À60 À59 À58 À57 À1 À56 À55 À54À53 À41À2À5À7À12À6À13À9À8À11À10À4 À1À1À14À26À17À15À16À22À20 À71 À30À29À18À28 À38À24À3À34À19 À39À37À23À27À25À21À36À31 À40À32À35À33 À43À42 À1 À72 X23 À81À80À79À77À1À76À20 À73 À1 À74 À75 À76 À77 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1À1 À1 À1 À1 À1À1 À1 À1 À1 À1 À1 À1 À1 À201 À202 À203 À204À205 À206À207À208 À209À210À211À212À213À214À215À216À217À218À219À220À221À222À223À224À225 À226 À227 À228 À229 À230 À231 À232 À233 À234 À235 À236 À237 À238 À239 À240 À241 À242 À243 À244 À245 À246 À247 À248 À249 À250 À251 À252 À253 À254 À255 À256 À257À258 À259 À260 À261 À262À263 À264 À265 À266 À267À268 À269À270 À271 À272À273 À274 À275 À276 À277 À278 À111 À112 À113 À114À115À116À117À118 À1 À1 À1À1 À1 À1 À1 À119À120À121À122À123À124À125À126À127À128 À129 À130 À1 À1 À131 À132À133À134À135À136À137À138À139À140 À333À334À335À336À337À338À339À340À341À342 À343À344À345À346À347À348À349À350À351À352 À309À310À311À312À313À314À315À316À317 À318À319À320 À321 À322 À323 À324 À325 À326 À327 À328 À329 À330À331À332 À401À402À403À404À405À406À407À408À409À410À411 À412À413À414À415À416À417 À418 À419 À420 À421 À422 À423 À424 À425 À426 À427 À428 À429 À430 À431 À432 À433 À434 À435 À436 À437 À438 À439 À440À441À442À443À444À445À446À447À448À449À450 À451 À452 À453 À454 À455 À456 À457 À458 À459 À460 À461 À462 À463 À464 À465 À466 À467 À468 À469 À470 À471 À279À280À281À282À283À284À285À286À287À288À289À290À291À292À293À294À295À296À297À298À299À300À301 À302 À303 À304 À305À306 À307 À308 À141À142À143À144À145À146À147À148À149À150À151À152À153À154À155À156À157À158À159À160À161À162À163À164À165 À166 À167 À1 À1 À1 À2 À2 À301À302À303À304À305À306À307À308À401À402À403À404À405À406À407À408À409À410À501À502À503À504À505À506À507À508À509À510À601À602À603À604À605À606À607À608À609À610À701À702À703À704À705À706À707À708À709À710À801À802À803À804À805À806À807À808À809À810À901À902À903À904À1 À905À906À907À908À909À910À1701À1702À1703À1704À1705À1706À1707À1708À1709À1710À1801À1802À1803À1804À1805À1806À1807À1808À1809À1810À1901 À1902 À3 À1903 À1904À1905À1906 À1907À1908 À2001 À2002À2003À2004À2005À2006À2007À2008 À1 À1 À1 À1 À1 À1 À1 À1 À1À1.1 À1 À1.1 À1.1 À1.1 À1 À1 À1 À1 À1 À1 À2 À3 À4 À5 À6 À7 À8 1 TRA C T 3 TR C-2 TR C-10 TRACT R-1TR C-1 1 TRACT B-2TRACT B-3TR C-6 TR C-7TR C-8TR C-9 TRACT R-1TRACT G4243 4 653 978 13121110 14 162 181715 19 24 2620 2823212722 3130 352934253233 36 403738139 41TRACT R 81TRACT B 8079787968101811131714161215549485046444745451 TRAC T 4 TRACT 2 TR R TR CA-12 TR AC T R TRAC T R TRACT R TRACT L-2 TRACT L-1 TRACT L-1 TRACT WP-1 TRACT CA-1 TR NP-7 TR NP-6 TRACT NP-1 TR CA-2 TRACT NP -5 TR CA-7 TRACT NP-4 TRACT CA-6 TR CA-5 TRACT WP-3 TRACT NP-2 TRACT CA-3TRACT CA-3 TRACT NP-2 TR CA-4 TR R TR CA-10 TR CA-9 TR CA-8TR CA-11 TR C A-11 A TRACT WP-2 C C TR C A-12 A B B A A D D E E E IIH H G G F F F TRACT L-34 TR L-37TR GC-3 TR AC T R -1 TR R-2 TRL-3 TRACT G TRACT R PH 16 PH 15 VISTA III AT HERITAGE BAY CONDO PH I OR 4333 PG 1484 TRACT 1 TRACT 2 TR 3 TRACT 4 TRACT 5 VIS TA I ATHERITAGE BAYCONDO PH 1 PH 2(BL DG 1) (BL DG 11) PH 3(BL DG 2) PH 4(BL DG 10) TR RA TRACT R TRACT L TRACT F TR C-2 TRACT C-3 TRACT C-4 TRACT C-4TRACT C-5 TRACT B TRACT C-3TRACT C-5(CHANCERY ORDERS 10 PAGE 389, Case #120-1969 , 10/13/1969) TRACT B TRACT C-4TRACT C-4 TRACT RTRACT R TRACT R TRACT 10 TRACT P1 TR W-1 N C H C V S Walgreens RACETRAC TUSC AN Y COVEDRIVE CORTONA WAYCORTO NA WAY CORTONA WAYCORTONA WAYTOSCANA WAY TOSCANA WAYTOSCANA WAYV O L T E R R A C O U R TCOLLIER BOULEVARDBELLAIRE BAY DRIVE GOODLAND BAY DRIVEIMMOKALE E ROAD RO CK L E DGE DR BROKEN BACK ROADC.R. 951BURNT PINE DRCOLLIER BOULEVARD1 2ACRYSTAL LAKE DRIV E SKIPPERS2 GERVAIS CIRCLE GERVAIS CIRCLE CU DRI,PDI PUD RPUD PUD PUD A A MPUD TUSCANY COVE CRYSTAL LAKE BENTCREEKPRESERVE TREEFARM HERITAGE BAY RICHLAND Location Map Zoning Map Petition Number: PL20170000768 PROJEC TLOCATION SITELOCATION ¹ 9.A.3 Packet Pg. 82 Attachment: Attachment A-1 - Location Map (8584 : Baumgarten MPUD) IMMOKALEE ROAD COLLIER BLVD (951)LAKE PUD BOUNDARY RESIDENTIAL TRACT BOUNDARY 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER GMP ACTIVITY CENTER BOUNDARY GMP ACTIVITY CENTER BOUNDARY MU R 1 R.O.W. OR ACCESS EASEMENT 1 R.O.W. OR ACCESS EASEMENT MU MU MU MU MU MU MU MU/R R.O.W. DEDICATION AREA = 1.3± AC POTENTIAL FULL INTERCONNECT WITH BENT CREEK PUD 1 POTENTIAL FULL INTERCONNECT TO TUSCANY COVE WATER MAIN STUB OUT LOCATION (SEE PUD EXHIBIT F, ITEM 3.B.) WATER MAIN STUB OUT LOCATION (SEE PUD EXHIBIT F, ITEM 3.A.) 2 3 3 3 3 3 3 3 3 RIGHT-IN ACCESS ONLY DIRECTIONAL ACCESS ONLY FULL ACCESS R R LAKE CHAIN LINK FENCE 100 LINEAL FEET CHAIN LINK FENCE 100 LINEAL FEET CHAIN LINK FENCE 100 LINEAL FEET 105' BUILDING SETBACK 105' BUILDING SETBACK 15' WIDE TYPE 'B'LANDSCAPE BUFFER WITH8' HIGH SOLID WALLGradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 0 300'150' SCALE: 1" = 300' WHEN PLOTTED @ 8.5 X 11 HERITAGE BAY MPUD COMMERCIAL BENT CREEK PRESERVE PUD RESIDENTIAL TUSCANY COVE PUD RESIDENTIAL RICHLAND PUD COMMERCIAL #= DEVIATION ACTIVITY CENTER LIMITS 9.A.4 Packet Pg. 83 Attachment: Attachment A-2 - Master Plan 5-17-19 (8584 : Baumgarten MPUD) GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 NOTES 1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2.THE SITE CONTAINS NO NATIVE VEGETATION COMMUNITIES AND NO ORIGINAL NATIVE TREES REMAIN; THEREFORE NO NATIVE VEGETATION PRESERVATION IS REQUIRED. DEVIATIONS (APPLIES TO ENTIRE PROJECT, SEE EXHIBIT E) 1.STREET SYSTEM REQUIREMENTS AND APPENDIX B 2.DIRECTORY SIGNS 3.GROUND SIGNS SITE SUMMARY TOTAL SITE AREA: 55.66± ACRE MIXED USE (MU)20± AC (36%) MIXED USE OR RESIDENTIAL (MU/R) 14± AC (25%) RESIDENTIAL (R)10± AC (18%) AMENITY AREA (IN R AREA)0.5± AC (1%) WATER MANAGEMENT 8± AC (15%) ROW DEDICATION AREA 1.3± AC (2%) BUFFERS 1.86± AC (3%) RESIDENTIAL:MAXIMUM 400 DWELLING UNITS COMMERCIAL:MAXIMUM 270,000 S.F. OPEN SPACE: REQUIRED:30% PROVIDED:30% 9.A.4 Packet Pg. 84 Attachment: Attachment A-2 - Master Plan 5-17-19 (8584 : Baumgarten MPUD) 9.A.5 Packet Pg. 85 Attachment: Attachment B - Page 9 of 11 of Letter dated March 12, 2019 (8584 : Baumgarten MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 5 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner Zoning Division, Comprehensive Planning Section Date: March 20, 2019 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDZ – PL20170000768 - REV 5 PETITION NAME: Baumgarten (formerly Pelican Nursery) MPUD Rezone REQUEST: The petitioner is requesting to rezone approximately ±55.66-acres from “A” - Agriculture Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District to allow for a maximum of 400 residential dwelling units (multi-family and townhouses) and up to a maximum of 370,000 square feet of gross commercial floor area and 140 hotel/motel rooms. The petitioner is requesting deviations for street width from 60’ to 50’ on the easement or Right-of-Way for the bypass drive and a couple of deviations on signage. Submittal 3 revised the requested deviations, the Statement of Utility Provisions, and the Master Plan. Submittal 4 revised the TIS. Submittal 5 revised TIS, PUD Commitments, and the notes on Master Plan. LOCATION: The subject site is located in the southeast quadrant of the intersection of Immokalee Road (CR 846) and Collier Blvd. (CR 951) in Section 26, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: Approximately 36 acres of the subject site is identified as Urban Designation, Urban Commercial District, Mixed Use Activity Center #3; the remaining approximately 19.66 acres of the subject site is identified as Urban Designation, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The FLUE states the following: “The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code.” The FLUE also states the following: “Mixed Use Activity Centers are intended to provide for concentrated commercial and mixed use development, but with carefully configured access to the road network. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of 9.A.6 Packet Pg. 86 Attachment: Attachment C - Consistency Review.docx 3-20-19 (8584 : Baumgarten MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 5 commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further, they are generally intended to be developed at a human- scale, to be pedestrian-oriented, and to be interconnected with abutting projects – whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses (C1-C5), residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation.” The Mixed Use Activity Center Subdistrict contains a number of factors to be considered during review of a rezone petition; these are listed below and followed by staff analysis in italics. a) Rezones are encouraged to be in the form of a PUD. There shall be no minimum, acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The petition is for a Mixed Use Planned Unit Development. b) Amount, type, and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center (MUAC), and within two (2) road miles of the MUAC. Project is located in the southeast quadrant of Immokalee Rd. and Collier Blvd. There are zoned and developed commercial uses within the boundaries of Activity Center (AC) #3. Approximately 2 miles to the west of the subject property in the southeast quadrant of Immokalee Road and Logan Blvd., there is an approved development for a 100,000 sq. ft. shopping center, which is presently under construction. There are no commercial uses located east of the subject property within 2 miles. Approximately two miles to the south, in the northwest quadrant of Collier Blvd. and Vanderbilt Beach Road, there is commercial zoning and development (shopping center). The applicant provided a chart (Exhibit ‘3’ Evaluation Criteria) breaking down the commercial development within 2 miles. c) Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. The site is located at a major road intersection which provides arterial road access to the site for both north/south and east/west traffic volumes. A large volume of the vehicle trips can be captured as pass-by trips. There are numerous residential communities located in the surrounding area with several thousand residents, which can be served by the commercial development. d) Existing patterns of land use within the Mixed Use Activity Center and within two (2) radial miles. Current patterns of land use within the MUAC #3 include commercial, preserve and undeveloped land; approved land uses include commercial, preserve, mixed use and residential uses. The patterns of land uses within 2 miles of the MUAC #3 include predominantly residential uses with a few commercial and agricultural uses scattered throughout. e) Adequacy of infrastructure capacity, particularly roads. The applicant stated the site has access to water, sewer, and other public services which have capacity to serve the proposed development. The application included a Collier County Utility Dedication Statement, that stated that the developer agrees to dedicate the water distribution and sewage collection facilities within the project area to Collier County Utilities and to dedicate the appropriate utility easements for serving the water and sewer system. The Traffic Impact Study states, “There is adequate and sufficient roadway capacity to accommodate the proposed development without adversely affecting adjacent roadway network level of service.” f) Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. Comprehensive Planning Staff defers to Zoning Services Staff for compatibility review. 9.A.6 Packet Pg. 87 Attachment: Attachment C - Consistency Review.docx 3-20-19 (8584 : Baumgarten MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 5 g) Natural or man-made constraints. There are no man-made or natural constraints that prohibit development of the site as currently zoned (A, Rural Agricultural). h) Rezoning criteria identified in the Land Development Code. Comprehensive Planning Staff defers to the Zoning Services Section for this analysis. i) Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. Comprehensive Planning Staff defers to Transportation Planning Staff for this review. j) Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. Comprehensive Planning Staff defers to Transportation Planning Staff and Zoning Services Staff for this review. k) Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. Access to abutting gated communities to the east and south are not feasible, since these communities are significantly developed or built-out at this time. Sidewalk interconnections will be available. l) Conformance with the architectural design standards as identified in the Land Development Code. No deviations from the County’s architectural design guidelines are proposed with the petition. Mixed Use Activity Center #3 qualifies as a Master Planned Activity Center (as the petitioner controls the entire quadrant), which allows the boundary of the activity center to be reconfigured through the zoning process, so long as permitted commercial development area will not exceed the maximum of 40 acres for this quadrant of the activity center. The FLUE states, “The boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. These map boundaries are the actual, fixed boundaries and cannot be adjusted without a comprehensive plan amendment, except as provided below for Master Planned Activity Centers… The maximum amount of commercial uses allowed at Activity Center # 3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers.” This MPUD is proposed for the entire southeast quadrant. The Conceptual MPUD Master Plan, Exhibit ‘C-1’, indicates the petitioner proposes to re-configure the MUAC #3 southeast quadrant to extend east to the boundary with Bent Creek Preserves PUD, and to only extend the southern boundary of the MUAC to the northern edge of two lakes proposed that will serve this MPUD. The PUD boundary will continue southward to include the proposed residential tracts and two lakes, but they will not be included in the MUAC. (See PUD Master Plan for revised Activity Center boundary). The result is that the ±36 acres of land owned by the petitioner within the MUAC is reconfigured as is the ±4 acres of road and canal rights-of way along Immokalee Road and Collier Blvd. Staff reviewed the proposed land use for consistency with the Future Land Use Element (FLUE) of the GMP. The FLUE states, “The Urban area will accommodate residential uses and a variety of non- residential uses…Mixed-use developments – whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building – are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center.” The petitioner is requesting a maximum of 400 dwelling units on ±55.66 gross. The southeast quadrant of the Mixed Use Activity Center (MUAC) #3 equal approximately 40 acres of which a portion is Right-Of- Way for Immokalee Rd. and Collier Blvd. The FLUE states, “If such a project is located within the boundaries of a Mixed-Use Activity Center which is not within the Urban Residential Fringe Subdistrict 9.A.6 Packet Pg. 88 Attachment: Attachment C - Consistency Review.docx 3-20-19 (8584 : Baumgarten MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 4 of 5 and is not within the Coastal High Hazard Area, the eligible density is sixteen (16) dwelling units per acre.” Approximately 36 acres of this project are located within the Mixed-Use Activity Center #3 and eligible for a density of 16 residential dwelling units per acre (DU/A), which would be approximately 576 DUs (16 DU/A * 36.0 A = 576 DUs). Hotel/motels are permitted within the MUAC at a maximum density of 26 units per acre. Because approximately 36 acres of this project are located within the Mixed-Use Activity Center #3 and eligible for a density of 26 hotel/motel units (rooms) per acre, this site would be eligible for a maximum of 936 Units (26 rooms * 36.0 A = 936 Units); however, the applicant is proposing a maximum of 140 units for hotel/motel use. The remaining approximately 19.66 acres of the subject site are contained within the MUAC Density Band. A base density of 4 residential dwelling units per gross acre may be allowed in Urban designated areas, though not an entitlement. If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. Therefore, the other 19.66 acres are eligible for a residential density of 7 DU/A (4 DU/A + 3 DU/A = 7 DU/A), which would be approximately 138 DUs. The total eligible density for the MPUD is 714 dwelling units, of which the applicant is proposing a maximum of 400 DUs. Although the petition’s proposed maximum of 400 DUs is consistent with the density rating system and MUAC designation, the FLUE provides that the final determination of permitted density is made by the Board of County Commissioners. Select FLUE Policies are given below, followed with [bracketed staff analysis]. FLUE Policy 5.4 states: “New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended).” [It is the responsibility of the Zoning Services staff, as part of their review of the petition in its entirety, to perform the compatibility analysis.] FLUE Policy 7.1 states: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Conceptual MPUD Master Plan, Exhibit ‘C-1’, shows one ingress/egress access on Collier Blvd. (CR 951) and two ingress/egress accesses on Immokalee Rd. (CR 846), which are both arterial roads as identified in the Transportation Element of the GMP.] FLUE Policy 7.2 states: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit ‘C-1’, Conceptual MPUD Master Plan, shows one main road within the project that tie the residential, commercial and commercial/residential sections of the project together . Internal access will be provided.] FLUE Policy 7.3 states: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Exhibit ‘C-1’, MPUD Master Plan, shows potential interconnections with adjoining developments to the east (Bent Creek Preserves), and a potential egress from Tuscany Cove PUD, to the south. Immokalee Rd. (CR 846) adjoins the northern boundary and Collier Blvd. (CR 951) adjoins the western boundary of the subject site.] 9.A.6 Packet Pg. 89 Attachment: Attachment C - Consistency Review.docx 3-20-19 (8584 : Baumgarten MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 5 of 5 FLUE Policy 7.4 states: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [Exhibit “A” Permitted Uses, Residential A. Principal Uses #1 lists Multi-family and Townhouses. Exhibit E Cross Section shows 5’ concrete sidewalks on both sides of the r oad and no deviation was requested for sidewalks. A number of allowable common open space uses and structures to serve residents and their guests are itemized in Exhibit “A” Residential: B. Accessory Uses #4 and in Amenity Area: A. Principal Uses, #1. Frequently common buildings, such as a clubhouse (listed as a Principal Use #1 in the A. Amenity Area) are used for civic facilities.] CONCLUSION This rezone petition may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. PETITION ON CITYVIEW cc: Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDZ-PL2017-0768 Baumgarten R5.docx 9.A.6 Packet Pg. 90 Attachment: Attachment C - Consistency Review.docx 3-20-19 (8584 : Baumgarten MPUD) . ‒ 1 ‒ PETITION: PL2017-0768, MPUD Baumgarten MPUD, aka. Pelican Nursery MPUD 3-21-2019, revised: 3-29-19 STAFF MEMO COLLIER COUNTY PLANNING COMMISSION GROWTH MANAGEMENT DEPARTMENT, Transportation Planning Section HEARING DATE: CCPC April 18, 2019, BCC May 14, 2019 SUBJECT: PETITION: PL2017-0768, MPUD Growth Management Plan (GMP) Consistency Findings, Transportation Element. TRANSPORTATION ENGINEER FOR THE PETITION: Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, Florida 34110 239-566-9551 GEOGRAPHIC LOCATION: The subject property comprises approximately +/-56 acres and is located in the southeast quadrant of the Immokalee Road (CR846) and Collier Boulevard (CR 951) intersection, in Section 26, Township 48 South, Range 26 East, in Collier County, Florida. Subject property 9.A.7 Packet Pg. 91 Attachment: Attachment D - Transportation GMP Memo 4-2-19 (8584 : Baumgarten MPUD) . ‒ 2 ‒ PETITION: PL2017-0768, MPUD Baumgarten MPUD, aka. Pelican Nursery MPUD 3-21-2019, revised: 3-29-19 REQUESTED ACTION: This request is seeking a Mixed Use Planned Unit Development (MPUD) rezone approval. PURPOSE/DESCRIPTION OF PROJECT: The proposed development is approximately +/- 56 acres in size and located at the southeast corner of the Immokalee Road and Collier Boulevard intersection in Collier County, Florida. The request according to the proposed PUD is to allow the development of approximately 400 multi-family residential units, approximately 370,000 square feet of commercial uses, and approximately 140 hotel rooms on the subject parcel. STAFF ANALYSIS: GMP TRANSPORTATION ELEMENTS AND STAFF FINDINGS Transportation Element: In evaluating this project, staff reviewed the applicants Traffic Impact Statement dated March 11, 2019, for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the then applicable 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. 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.” Staff finding: According to the PUD provided with the proposed rezoning the applicant is requesting a maximum of 400 multi-family residential dwelling units, 370,000 square feet of gross commercial floor area and 140 hotel-motel rooms. The TIS provided with this petition however outlines two potential development scenarios to address the proposed development requested in 9.A.7 Packet Pg. 92 Attachment: Attachment D - Transportation GMP Memo 4-2-19 (8584 : Baumgarten MPUD) . ‒ 3 ‒ PETITION: PL2017-0768, MPUD Baumgarten MPUD, aka. Pelican Nursery MPUD 3-21-2019, revised: 3-29-19 the PUD. Specifically, scenario one outlines a potential development that accounts for the proposed residential dwelling units, the hotel-motel use and splits the total commercial square footage between standard commercial uses with 90,000 square feet of mini-storage. The second scenario also accounts for the residential and hotel-model uses but limits total commercial use square footage to 201,000 square feet. There are also other minor use and square footage differences between the two scenarios. Staff has evaluated the TIS and agrees that the two scenario’s present accurate trip generation calculations, reasonable trip distribution on the surrounding network and reflect reasonable development potentials possible with the proposed PUD. While the two development scenarios do not fully represent the highest best use possible in the PUD both do result in lower traffic generation and in the case of scenario 2 it provides a lower total trip cap commitment by the developer in PUD Exhibit F, 4a, Transportation. Transportation Planning Staff also has following conditions of approval for this petition: Condition of approval: The companion Developer Agreement is required to be approved with this rezoning request. According to the current 2018 AUIR Immokalee Road from Logan Boulevard to Collier Boulevard has a current service volume of 3,200 trips and a remaining capacity of approximately 188 trips and is currently operating at LOS “D”. Immokalee Road from Collier Boulevard to Wilson Boulevard has a current service volume of 3,300 trips and a remaining capacity of approximately 681 trips and is currently operating at LOS “D”. Also, according to the 2018 AUIR Collier Boulevard from Vanderbilt Beach Road to Immokalee Road has a current service volume of 3,000 trips and a remaining capacity of approximately 580 trips and is currently operating at LOS “C”. Based on the information provided in the TIS for either scenario for this petition the subject roadway links have sufficient capacity to accommodate the project within the 5-year planning period. Policy 7.1 of the Transportation Element of the GMP states; “Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system’s capacity and integrity.” Staff finding: The development is proposing one access signalized access on Collier Boulevard and on Immokalee Road the development proposed two access points, the western access will be a right-in only and the eastern access will be a right-in, right-out only access. The TIS provide with this petition contains intersection analysis for the existing signalized intersection of Immokalee and Collier which indicates that the requested signal on Collier in this request can coordinated with the existing signal on Immokalee and be reasonably operated. The two proposed limited access points on Immokalee meet reasonable access management minimum standards. The Access Management Resolution 13-257 represents desirable requirements, the ultimate goal is to exceed these standards. Staff recommends approval of the proposed access points shown on the master plan for this rezone. Policy 7.3 of the Transportation Element of the GMP states; 9.A.7 Packet Pg. 93 Attachment: Attachment D - Transportation GMP Memo 4-2-19 (8584 : Baumgarten MPUD) . ‒ 4 ‒ PETITION: PL2017-0768, MPUD Baumgarten MPUD, aka. Pelican Nursery MPUD 3-21-2019, revised: 3-29-19 “The County shall implement, through its Land Development Code and Code of Laws and Ordinances, the provision of safe and convenient onsite traffic flow and need for adequate parking for both motorized and non-motorized vehicles as a primary objective in the review of Planned Unit Developments, Site Development Plan, and other appropriate stages of review in the land development application review process. Coordination shall occur with County Engineering staff where traffic circulation is outside the limits of the public ROW.” Staff finding: The roadway infrastructure is sufficient to serve the proposed project as noted above. Operational impacts will be addressed at 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. Policy 9.3 of the Transportation Element of the GMP 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.” Staff finding: The proposed developments master plan shows two potential-future interconnections to adjacent developed residential projects to the east and south. Therefore, staff finds that the proposed development can be found consistent with this policy. Policy 9.5 of the Transportation Element of the GMP states, “The County shall encourage projects which provide local resident, pedestrian, bicyclist and motorist movement between and among developments on neighborhood streets in a deliberate balance with its efforts to route cut-through traffic away from neighborhoods and to the arterials and collectors designated in the Transportation Element of the Collier County Growth Management Plan.” Staff finding: As noted above in Policy 9.3 the proposed master plan indicates interconnects between residential uses to the developed residential projects to the east and south. Therefore, the proposed development is found consistent with this policy. Existing Roadway Conditions: Roadway Link 2018 AUIR Existing LOS Current Peak Hour Peak Direction Service 2018 AUIR Remaining Capacity 9.A.7 Packet Pg. 94 Attachment: Attachment D - Transportation GMP Memo 4-2-19 (8584 : Baumgarten MPUD) . ‒ 5 ‒ PETITION: PL2017-0768, MPUD Baumgarten MPUD, aka. Pelican Nursery MPUD 3-21-2019, revised: 3-29-19 Volume/Peak Direction Immokalee Road Logan Boulevard to Collier Boulevard D 3,200/East 188 Immokalee Road Collier Boulevard to Wilson Boulevard D 3,300/East 681 Collier Boulevard Vanderbilt Beach Road to Immokalee Road C 3,500/North 773 STAFF RECOMMENDATION: Transportation staff finds this petition consistent with the GMP with the proposed Transportation Planning Staff conditions of approval and therefore approves the Baumgarten MPUD PL20170000768, and further recommends that the Collier County Planning Commission (CCPC) forwards Petition PL20170000768 to the Board of County Commissioners (BCC) with a recommendation of approval with the following condition of approval: Condition of approval: The companion Developer Agreement is required to be approved with this rezoning request. 9.A.7 Packet Pg. 95 Attachment: Attachment D - Transportation GMP Memo 4-2-19 (8584 : Baumgarten MPUD) TRANSCRIPT OF THE NEIGHBORHOOD INFORMATION MEETING FOR PELICAN NURSERY MPUD OCTOBER 18, 2017 Appearances: WAYNE ARNOLD RICHARD YOVANOVICH, ESQ. NORMAN TREBILCOCK DAVID GENSON NANCY GUNDLACH SHARON UMPENHOUR 9.A.9 Packet Pg. 96 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) MR. ARNOLD: Hi, everybody. I'm Wayne Arnold of GradyMinor Engineering. And sitting here on the front row is Sharon Umpenhour, who (indiscernible) most of the advertising in the paper for us, but we're required by the county to either video record or audio recording the meeting, so we're going to audio record the meeting. We're here for Pelican Nursery rezoning. Our team tonight, we have David Genson with Barron Collier Companies, who are under contract to buy the property. And I have Richard Yovanovich, who is our land use attorney working on it. And Norm Trebilcock, who is the traffic engineer working on the project. So we're in the process of rezoning the nursery, which is an agricultural property to a commercial planned unit development, it's actually a mixed use planned development, that's going to allow both commercial and residential project. I'm sure most of you are familiar with the project. It's about 56 acres in size on the southeast corner of the intersection of Immokalee Road and Collier Boulevard. And that's -- in an area called an activity center in Collier County, about 40 acres of it are 9.A.9 Packet Pg. 97 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) in the activity center. The balance of it is within what's called a density band around the activity center. So this is an area where the county has encouraged some of the more intensive development to occur under their growth management plan. You're familiar with some of the commercial, I'm sure, that's across the street to the north and then quadrants of the other parts of the activity center on the north and west side of the intersection. So we are -- just filed our application, oh, I don't know, 45 days or so ago and we're required to hold these meetings after we get our initial comments back from the county but before we go to public hearings. So we're holding the meeting now, since we have our county comments back, our first round of those comments back, I should say. There will be several iterations of going back and forth with Collier County staff before we make it to an advertised public hearing, but this is one of the steps in the zoning process. So as part of the planning and development, we establish our own zoning district, and in that 9.A.9 Packet Pg. 98 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) zoning district, we're going to make provisions for both the commercial development and residential development. And one of the components of that is to do a conceptual master plan for the county, and not always a lot of detail on them. And, at this point, Barron Collier Companies are still working with a retail partner to look at what the real layout is going to be for a commercial component, but a highlight of the master plan, this is Collier Boulevard to the west, Immokalee Road to the north. They have a commercial tract that's located at the intersection. We're going to have one access point on Collier Boulevard near our southern entrance. We're going to have two access points on -- it's two, right, Norm? MR. TREBILCOCK: Yes. MR. ARNOLD: Two access points on Immokalee Road. And those are being coordinated with Collier County. There's some other intersection improvements occurring out there if you live in that part of the world that you're aware of. So we're working with the county on those as well. To the south, near us is Tuscany Cove. We had our residential tracts that we've identified on our 9.A.9 Packet Pg. 99 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) conceptual plan, amenity center probably near the entrance. And then we identified the tract all the way to the east in the northeast corner of our site as a commercial or residential tract. And that would allow potentially either mixed use or commercial or residential only. We're showing what we're calling a bypass road and working with the county, they're looking for any opportunity to take traffic off their intersections. So they've asked us to try to create at least a pathway so people can get around the project. In this case, probably a northern approach for people is easier than a south one. There's a potential, at some point, maybe to get a traffic signal in there. I know that Norm and others have been talking to the county about that, but there's no certainty on that at this point. Some of the uses that we've asked for on the commercial side are pretty typical of what you'd find in most other retail shopping centers. We're asking for the gamut of retail uses, office uses (indiscernible). We're going to ask for a movie theater, gas station with convenience, car wash, things of that nature, clothing stores, probably a 9.A.9 Packet Pg. 100 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) drug store, and then that's -- we've asked for a long list of uses, because the market's in flux and we're not certain what the end users will be at this point. So we're asking for a lot -- we've also asked for hotel/motel, and other -- veterinarian offices, any of those things, a hardware store, things of that nature that you would typically think you'd find in a large-scale shopping center. There's about -- 36, 38 acres of that is commercial and then the balance is considered to be residential under the county's comprehensive plan. So we're asking for -- our initial submittal was for 228,000 square feet of commercial. And in that we had a conversion factor that we could increase that amount. Our initial comments back from the county attorney said, well, either take out the conversion or tell us what your maximum conversion could be. So we think that upper end of commercial could be 300,000 square feet if we did conversion of other residential units and built less residential and more commercial. So we'll be amending our documents with Nancy Gundlach -- and I apologize. I didn't introduce Nancy. 9.A.9 Packet Pg. 101 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) Nancy Gundlach is sitting on the front row. Nancy works for Collier County. She's the staff principal planner that's been assigned to our case. So she'll be shepherding it through the process. So she'll -- she probably will have business cards out there or has some if she didn't. So she's a good point of contact if you have questions. We're happy to answer questions, too, and we'll make our information available to you as well. So we're asking for that. We're asking for only two types of residential. We're asking for multi-family or townhouse development. And the county considers multi-family and townhouse to be really anything that's three or more attached units. So we're asking for those. And then we're going to be establishing, in our PUD document, development standards for each of those uses. And we've got numbers that we've approached the county with with regard to building setbacks and heights and things of that nature. So the retail buildings, for instance, we're proposing those to have a zoned height of 50 feet as a maximum zoned height, 65 feet in actual height. And the county defines height two different 9.A.9 Packet Pg. 102 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) ways. The zoned height is the way most older communities have expressed their height, and it's kind of to the midpoint of a roof from your (indiscernible) and then (indiscernible) elevation and then the actual height is actually measured from the centerline of the nearest roadway, but it's to the very top of any part of your structure. So we have to establish two different methods for showing the building height. So we also have a separate standard for office buildings. I should put my glasses on so I can make sure I read you the right number. We're asking for office buildings have a principal zoned height of 55 feet and an actual height of 65 feet. And then our townhouses, we're having a zoned height of 45 feet for those, with an actual height of 50, and on multi-family buildings, we're proposing a maximum building height of 55 feet and an actual height of 65 feet. So that's kind of, you know, the parameters that we're working under. And we've, you know, tried to be complementary. We know we have neighbors to the south and to the east. So we're putting the potential for residential adjacent to more residential and trying to focus the more 9.A.9 Packet Pg. 103 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) intensity out at the intersection where it makes the most compatible relationship with our neighbors. So that's kind of, in a nutshell, what we're proposing. I know it's not a lot of detail at this point. We're probably going to be in this process another six months, wouldn't you say is fair, Nancy? MS. GUNDLACH: Yes. MR. ARNOLD: Just given kind of the nature of how projects have occurred. And we will have to have a public hearing before the Collier County Planning Commission and they will make a recommendation to the County Commission, ultimately, for approval or denial or approval with conditions. It's something the staff, too, will be working toward. As we go through the document, they will end up conditioning things. They will probably establish things like a vehicular trip cap for our project, which will be keyed into the conversion factor of what we're talking about for increasing the amount of commercial. And there will be other conditions relative to transportation improvements and any number of 9.A.9 Packet Pg. 104 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) things that the county comes up with. We've asked for what are considered deviations from the code. We'll probably have three. Sometimes the list grows or shrinks depending on as reviews from the county come in, but right now we are asking for three deviations from the normal code requirements. And one of those relates to the width of the bypass road that I explained. The county -- if we end up platting that as a true road, the county has a minimum 60-feet width, but we think 40 feet is more than adequate for a bypass road. We're not even sure we're platted, but we're asking for the deviation in the event that we do. We're asking for a sidewalk to be located on only one side of the bypass road rather than two sides of that bypass road. And then we're asking to work with the county to go ahead and -- we have to build a sidewalk adjacent to our property in the rights-of-way. There's going to be so much roadwork that's occurring out on Immokalee Road, we've asked for that ability to actually build a sidewalk on our property instead of in the county right-of-way. So that's something we'll be working with the county 9.A.9 Packet Pg. 105 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) transportation staff as we go through the process. So that's it in a nutshell. I think that Nancy -- I don't know if you want to offer up anything. It's pretty early in the process, still. There's going to be (indiscernible). What I usually tell people, we end up adding all of the PUD application materials on our website and that can be linked through -- Sharon has got a business card and you can access the information through that website. Nancy always has access to the most updated information that's been submitted to the county from our group. And then, of course, any of our team are happy to answer questions. So I know that's kind of a brief overview and not a ton of detail, but to the extent we can answer questions, I'm happy to do so unless, Rich, did I leave out anything that you (indiscernible). Okay. MR. YOVANOVICH: (Indiscernible). MR. ARNOLD: Okay. Good. Questions? UNIDENTIFIED MALE VOICE: When do you plan on completion of the project? MR. ARNOLD: Well, it will probably take us 9.A.9 Packet Pg. 106 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) through at least the first -- where are we? We're in October. Probably early 2018 to get through the zoning process. And then they have to go through site development plan approval. So it's probably going to be the later part of 2018 at the earliest. UNIDENTIFIED MALE VOICE: Okay. Another question I have is where the properties abut, Tuscany Way, you have residential over there. MR. ARNOLD: Yes. UNIDENTIFIED MALE VOICE: Are there any sound barriers or vegetation or anything planned? MR. ARNOLD: The county requires us to put in landscape buffers, and I think -- we're in an activity center. I think it's probably -- it's a 15-foot wide, considered type B. And a type B buffer requires it to be either a hedge, a wall or a combination of hedge/wall/berm that achieves opacity at six feet of height. UNIDENTIFIED MALE VOICE: So there will be -- at the end of the property, it will be a combination, possibly a combination of hedge and wall, but there will be a sound buffer? MR. ARNOLD: Well, I don't know that I would call it a sound buffer. I mean, it's definitely going to be a landscape buffer. 9.A.9 Packet Pg. 107 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED MALE VOICE: Land -- okay. Any particulars on the -- any particulars on what the landscaping would look like? MR. ARNOLD: No, not at this point. UNIDENTIFIED MALE VOICE: Or height -- or height of the -- UNIDENTIFIED MALE VOICE: Wall. UNIDENTIFIED MALE VOICE: -- wall. UNIDENTIFIED MALE VOICE: How high will the wall be? MR. ARNOLD: No. The county -- the county requirements -- I think Nancy -- Nancy (indiscernible) but it's a six-foot high minimum to have an opacity. The county doesn't require us to put in a wall. It doesn't mean we won't put in a wall, but the county doesn't require it. UNIDENTIFIED MALE VOICE: But there is a buffer where that is required? MR. ARNOLD: Yes. UNIDENTIFIED MALE VOICE: Whether it's landscape or wall? MR. ARNOLD: Correct. UNIDENTIFIED MALE VOICE: And it should be at least six foot? 9.A.9 Packet Pg. 108 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) MR. ARNOLD: Yeah. It has to be opaque within one year and maintain the six feet in height. UNIDENTIFIED MALE VOICE: Okay. MR. ARNOLD: Who had their hand up first? Yes. Let's go to this side of the room. UNIDENTIFIED MALE VOICE: Will you be blasting for a lake? MR. ARNOLD: I don't think so. I don't believe so. David Genson (indiscernible). MR. GENSON: No. David Genson with Barron Collier. County ordinance will not allow us to blast within 1,500 feet of the nearest residences as well as roadways. So all -- any water management (indiscernible) will be mechanically excavated. UNIDENTIFIED MALE VOICE: (Indiscernible). MR. ARNOLD: Yes, sir. UNIDENTIFIED MALE VOICE: He may have meant (indiscernible) question. The owner of the property now is Barron Collier? MR. ARNOLD: No. They're in contract to purchase the property from the owner (indiscernible). 9.A.9 Packet Pg. 109 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED MALE VOICE: Who owns the property now? MR. ARNOLD: It's (indiscernible). UNIDENTIFIED FEMALE VOICE: Tree Plateau, Inc. MR. ARNOLD: Tree Plateau, Inc. UNIDENTIFIED FEMALE VOICE: Corporation. UNIDENTIFIED MALE VOICE: Three -- MR. ARNOLD: Tree. Tree Plateau. UNIDENTIFIED MALE VOICE: Tree. And Collier -- Barron Collier is attempting to purchase that property for this? MR. ARNOLD: That's correct. Yes. UNIDENTIFIED MALE VOICE: Who's the developer? MR. ARNOLD: Well, it will most likely be developed by Barron Collier, one of their entities. I say Barron Collier because they have a lot of corporate names that they do work under, but the umbrella of Barron Collier Companies will be part of the development team. Yes, ma'am. UNIDENTIFIED FEMALE VOICE: Is there a URL of that informational website that you can offer at this time? MS. UMPENHOUR: If you go to gradyminor.com -- UNIDENTIFIED FEMALE VOICE: What is it? 9.A.9 Packet Pg. 110 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) MS. UMPENHOUR: Gradyminor.com, and hit the planning tab and then look for Pelican Nursery and PUD, there's a link to the county documents where all the documents we've submitted. UNIDENTIFIED MALE VOICE: (Indiscernible). MR. ARNOLD: Yes, sir. UNIDENTIFIED MALE VOICE: I'm part of Tuscany Cove, and basically right now Collier Boulevard is basically a pretty heavily trafficked area and where you're basically putting in the entrance to your property, we also have a U-turn lane which is also very complicated at the moment between people making U-turns, people coming out of Tuscany Cove, then the traffic buildup from Immokalee back to our Tuscany Cove entrance has been horrendous. It's just huge. And my concern is that we may most likely be locked out of trying to get onto Collier Boulevard as part of it, based just where your entrance is, which I know you've got to put one. MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: But we've got a problem with that as well as the buffer zone. That's my other second problem is that I want to make sure that there's nothing -- you know, what 9.A.9 Packet Pg. 111 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) has been up there, whatever Irma didn't take out and we're replacing at the present time as soon as we can clean up the debris, we're going to need some help with that buffer zone and we have a small entryway that goes right into your nursery that I guess when Elias Brothers was building the property they stopped there because in 2008 the market took a dump and they stopped building and they stopped at that road. I was wondering if there was -- I was thinking, is there an exit that we could use if you're going to have a road going out that we could possibly -- if that's in there. I don't -- MR. ARNOLD: We did not propose one. UNIDENTIFIED MALE VOICE: Okay. MR. ARNOLD: Primarily because your homes were developed south of us. The county, if you were undeveloped, would most likely tell us we should provide some opportunity for you to (indiscernible) to your property. Same thing with (indiscernible) creek. We didn't really provide any type of interconnect to them. UNIDENTIFIED MALE VOICE: But basically your entrance on Collier is not set in stone yet. MR. ARNOLD: Not exactly. It probably -- Norm 9.A.9 Packet Pg. 112 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) Trebilcock can answer that, but I think the county is going to tell us they want us to be about as far away from Immokalee Road as we can be. UNIDENTIFIED MALE VOICE: Would you have a traffic light? MR. ARNOLD: Well, I think we're hopeful that someday we'll get one. There's no guarantee. You have to meet certain (indiscernible) to get a signal. I know that Barron Collier and their development partner would like to have one. UNIDENTIFIED MALE VOICE: They just shut down the Pebblebrook left turn lane just simply because of the traffic and the accidents that have been complicated from that. MR. ARNOLD: Right. UNIDENTIFIED MALE VOICE: And that's one thing that's out of the way and I was hoping that we -- I know they're doing a survey now on the U-turn lane by Tuscany Cove where a homeowner could drive in and other people are making U-turns. We're planning on trying to close that down and shoot down to the next traffic light and wait for the arrow to make the U-turn, which I think is much safer, but we haven't heard that (indiscernible). I think they're doing the survey as we speak, but 9.A.9 Packet Pg. 113 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) Dan -- Dan something (indiscernible). UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: Yeah. They're trying to alleviate some of the traffic. But if you go up and down Collier, I'm going to say right now, you are in bumper-to-bumper traffic. MR. ARNOLD: It's a busy intersection. UNIDENTIFIED MALE VOICE: Very busy. And the building beside yourself, if you just make a right turn onto Immokalee, you know, you hit three country clubs and now the Amorada (phonetic) -- not -- UNIDENTIFIED MALE VOICE: LaMorada. UNIDENTIFIED MALE VOICE: LaMorada is going up. And then ahead of that, on further toward the casino, there's a few more that are in the planning stage. MR. ARNOLD: Sure. Yep. UNIDENTIFIED MALE VOICE: So, I mean, the traffic here is going to be exploding. MR. ARNOLD: Thank you. Sir, in the back. UNIDENTIFIED MALE VOICE: You referred to the residential area as X number of square feet, whatever it was. And I can't relate to that in 9.A.9 Packet Pg. 114 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) terms of housing units. MR. ARNOLD: Well, we're asking for a maximum -- UNIDENTIFIED MALE VOICE: What's your best guess, maximum? MR. ARNOLD: We're asking for a maximum of 400 dwelling units. UNIDENTIFIED MALE VOICE: Okay. So with three to four people, we're looking at another 1,200 people, at least daily, if not (indiscernible) season that are going to go through that intersection. MR. ARNOLD: Yes. And we've analyzed all of the trips based on the maximum numbers that we're asking for, so. Yes, sir? UNIDENTIFIED MALE VOICE: As you progress along, a lot of our people, I live in Tuscany Cove, are not down here and won't be down here until January. Do you plan on having any meeting with Tuscany Cove for residents, a private meeting? MR. ARNOLD: May I -- sometimes we do. Sometimes we don't. It really depends on the interest that you might have. 9.A.9 Packet Pg. 115 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED MALE VOICE: Well, I mean, one-third of the people if not one-half of the people are still not down here. And, of course, by word of mouth, everything is going to change. MR. ARNOLD: Is there a committee I can contact somebody can provide to us? UNIDENTIFIED MALE VOICE: Yeah. Right here is our president. MR. ARNOLD: Okay. Well, why don't we exchange information before we leave tonight. UNIDENTIFIED MALE VOICE: This way here, when they get back down, you can have a meeting. It will make it a lot easier to understand. UNIDENTIFIED MALE VOICE: I could have a meeting at the clubhouse for the residents of Tuscany Cove and give them an update, what's basically happening. MR. ARNOLD: Okay. UNIDENTIFIED MALE VOICE: Until you find (indiscernible). MR. ARNOLD: I saw a hand up somewhere over here. Sir, did you have a question for me on the end? No? Okay. I thought I saw a hand up over there. There's got to be more questions. Yes, sir. 9.A.9 Packet Pg. 116 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED MALE VOICE: Yeah. With the size of the commercial development, you know, some time ago, there was a rumor, and there always are rumors, there might have been either a Home Depot or Lowe's. MR. ARNOLD: I heard that rumor, too. UNIDENTIFIED MALE VOICE: Yeah. Is that a viable -- MR. ARNOLD: We think it's a viable use. It's just that nobody has stepped up to the table in that regard. UNIDENTIFIED MALE VOICE: Okay. MR. ARNOLD: So, I mean, that -- those type of uses are listed in our schedule of uses. So if Home Depot or Lowe's pops back into the picture, we could accommodate them, but there's not one in the waiting at the moment. Yes, ma'am. UNIDENTIFIED FEMALE VOICE: You mentioned something about having the possibility of a gas station. MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: As you very well know, we just have -- RaceTrac had just got built. And I'm just concerned that, you know, I'm just 9.A.9 Packet Pg. 117 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) concerned if we -- do we really need another gas station pretty much right across the street? I believe, obviously, you know, the gas -- any accidents and whatnot would be sort of a little bit of a concern. I'm just wondering if you're just sort of like throwing that into the pot just as a possibility of, well, we'll do this, we'll do that, or are you seriously concerned about trying to get a gas station? MR. ARNOLD: Well, I think a gas station would be viable use for Barron Collier. It's on (indiscernible) for a lot of people in that corridor, and, you know, that's always a convenience for people to be able to just pull in and out on their way home to get your gas. So a lot of us, we've got uses in there that probably will never materialize, but you're going to have to respond to the market over the course of however many years that a shopping center is going to be built. So you have to fill up space as they come and go. So, you know, what's there initially today as a, you know, health food store, could very well become a doctor's office in the future. So we'd 9.A.9 Packet Pg. 118 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) have to provide a wide range of uses to accommodate what happens. Have you got another question? UNIDENTIFIED FEMALE VOICE: Yes. My other question was, do you have any like sort of like a -- more like big market stores that you're sort of trying to get friendly with to see if you can just get them on board? MR. ARNOLD: I don't know the answer. David, do you know the answer to that? MR. GENSON: Well, just to clarify. Barron Collier is doing this as a joint venture with another company called Metro Commercial. They are our retail partner on here. Eric Malloy is here from Metro Commercial. So I'll let him speak on kind of the retail side of things of what we're trying to do. MR. MALLOY: When we got involved with this project, we cast a wide net. Many of you heard the Lowe's/Home Depot rumor. We think, from a market spacing point of view, it makes great sense. But, unfortunately, both of those companies are not expanding at all. We think that this is a really nice site for food stores and restaurants and other things. 9.A.9 Packet Pg. 119 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) We're talking to a lot of people, but until we get through the zoning, we really aren't serious with anybody. UNIDENTIFIED FEMALE VOICE: Okay. (Indiscernible). MR. ARNOLD: Yes, sir. UNIDENTIFIED MALE VOICE: While we're on the roads, I've lived in Tuscany Cove for a little over nine years. When they started CVS over there and there was nothing else around, they told us that there may be, in the future, a road that will go right over Immokalee Road and follow all the way up to Fort Myers Airport. MR. ARNOLD: Yeah, there's -- UNIDENTIFIED MALE VOICE: Have you heard the rumor? MR. ARNOLD: The Collier Boulevard Extension was something that was going to go through what's now Esplanade. UNIDENTIFIED MALE VOICE: (Indiscernible) overpass. UNIDENTIFIED FEMALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: Yeah. MR. ARNOLD: So they had talked about this. Oh, you're talking about -- are you talking about 9.A.9 Packet Pg. 120 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) the north/south road or -- UNIDENTIFIED MALE VOICE: Yeah, overpass, about (indiscernible) going straight across. MR. ARNOLD: Well, I think he's talking about the Logan Extension, 951/Logan Extension? UNIDENTIFIED MALE VOICE: Right. The -- not the Logan Extension. UNIDENTIFIED MALE VOICE: No, no. 951, Collier Boulevard Extension. It goes over now just past the Esplanade. It is actually built right up to Bonita Beach Road where Lee County takes over. And if Lee County doesn't come up with the bucks, that road goes no further. So it's up to Lee County now to continue. MR. ARNOLD: Norm probably knows, but I don't think Lee County -- (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: (Indiscernible) have been sent assets in regards to who's going to have to pay for the road. MR. TREBILCOCK: Right. For the record, my name is Norm Trebilcock with Trebilcock Consulting Solutions. I'm an engineer and planner as well and prepared the traffic study for the project. But to your point, in the long term, 951, 9.A.9 Packet Pg. 121 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) Collier County would plan for it to extend in the future to Lee County. It's a matter of when Lee County would look to see for that to connect as well. But the idea, there was -- there is a concept of a flyover, but the flyover actually would fly Immokalee over 951, is the idea. UNIDENTIFIED MALE VOICE: Oh, Immokalee overpass (indiscernible). MR. TREBILCOCK: Yes. It would be elevated. So that's why you see right now in the construction of the intersection improvements how the canal is deflecting way over, they're providing a footprint then for that center to go over. And that's part of their communications with us, too, to make sure that they get their footprint right in case they have it, you know, you know, communication with us and things like that because -- UNIDENTIFIED MALE VOICE: It makes more sense now. MR. TREBILCOCK: Yeah. So that's the idea. Because that's your heaviest volume, is that east/west Immokalee Road. So, you know -- UNIDENTIFIED MALE VOICE: You know, if you get off at Bonita Beach Road and take a right and go 9.A.9 Packet Pg. 122 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) down three miles, there's probably 20,000 truckloads of dirt and sand and everything else down there. They're supposed to bring it up there. And Lee County says there's no way they're going to let it go through. The government says no. MR. TREBILCOCK: This would be -- UNIDENTIFIED MALE VOICE: It's going through. MR. TREBILCOCK: This would parallel, you know, like the Golden Gate Parkway/Airport Road flyover. UNIDENTIFIED MALE VOICE: Exactly. MR. TREBILCOCK: It's actually (indiscernible). UNIDENTIFIED MALE VOICE: That's great. UNIDENTIFIED MALE VOICE: That will help a little bit. MR. TREBILCOCK: Yeah. It made a huge difference at that intersection, like it would here. UNIDENTIFIED MALE VOICE: It's a tough intersection. MR. TREBILCOCK: Yeah. So the county is just planning ahead for that. That's all, yeah. UNIDENTIFIED MALE VOICE: Is the flyover something that's already in the works or something 9.A.9 Packet Pg. 123 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) that you're involved with? MR. TREBILCOCK: No. We're not -- with what we're doing here, were just -- UNIDENTIFIED MALE VOICE: So the flyover is something already in the works with the county? MR. TREBILCOCK: Right. They're just -- what they do is they will try to footprint for it in the future so that, you know, that they can build it at the appropriate time for them. It's based on, you know, volume of traffic and things like that. UNIDENTIFIED MALE VOICE: But it's in the planning. MR. TREBILCOCK: From the county standpoint, they're master planning for it, exactly. Like the -- like I said, the intersection improvements they're building now, they intentionally put the canal way over -- UNIDENTIFIED MALE VOICE: Right. MR. TREBILCOCK: -- to allow for that footprint. So that way, as they need to build it, it won't be as expensive to build. UNIDENTIFIED MALE VOICE: And the flyover is part of that whole plan? MR. TREBILCOCK: Correct. Yes, sir. 9.A.9 Packet Pg. 124 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED MALE VOICE: You have, on the right side, the east side, CR. Is that commercial, residential? MR. ARNOLD: Commercial, residential. It could be both, and/or. UNIDENTIFIED MALE VOICE: And/or or both? MR. ARNOLD: It could be some commercial and residential mixed use, so to speak, or it could be only commercial, it could be residential. UNIDENTIFIED MALE VOICE: What is -- what is actually on the planning right now? Is it just the -- is it 400 multi-family -- MR. ARNOLD: No. We're asking for approval for all of it. So it's all the commercial and the residential that's part of our -- that will be part of our zoning. It's just we don't have definitive plans for how much of each we will be building. UNIDENTIFIED MALE VOICE: Will there be restaurants and -- or potential restaurants on both of those? MR. ARNOLD: I think the intent would be, yes. UNIDENTIFIED MALE VOICE: Like Rockets, for instance? (Multiple simultaneous speakers.) MR. ARNOLD: I'll have to talk to them, but, 9.A.9 Packet Pg. 125 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) yeah, I think that's (indiscernible). (Multiple simultaneous speakers.) MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: I'd like to say about the sidewalks, you know, if you want to eliminate one on one side of the street going through and all that, which doesn't make it really good for people trying to walk around and get around on bikes and such. Is there going to be bike paths in and out of there? Is there going to be an opportunity to add that sidewalk back in? MR. ARNOLD: Well, the reason we asked for the deviation is because it's really -- it's going to be a glorified driveway for -- that cuts through the project. We just didn't feel like the cross-section warranted to be designed like a (indiscernible) street. So that's why we've asked for the deviation. UNIDENTIFIED FEMALE VOICE: That's only for that north/south (indiscernible). MR. ARNOLD: That's only for this, yes. UNIDENTIFIED FEMALE VOICE: But is there any reason why it has to be a driveway and it can't be a wider (indiscernible)? 9.A.9 Packet Pg. 126 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) MR. ARNOLD: Well, the funny thing with the county is, we could call it a (indiscernible) right-of-way, but the street standards are exactly the same amount of pavement, the same sidewalk with the same utility locations. So for a road that we know is not going to exceed two travel lanes, possibly three with a turn, because it has a turn lane in it, 40 feet is ample (indiscernible). The county probably will approve that, is my guess, or for the bypass road, Nancy. It's been an issue for other local streets. You know, we commonly used to get that, but -- UNIDENTIFIED FEMALE VOICE: But my point is, you're still deviating from the sidewalk, or are you still (indiscernible)? MR. ARNOLD: Well, I'm not sure we are, because if it's a driveway and we don't have to plat it, it's not considered a road that would require sidewalks anyway. You know, it's probably -- it's a technicality, but, you know, if you go to most shopping centers, you don't have sidewalks on (indiscernible). And that's essentially what it's likely to be. 9.A.9 Packet Pg. 127 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) Yes, ma'am. UNIDENTIFIED FEMALE VOICE: So just to back up to sidewalks. Along Immokalee Road, you said something about sidewalks. You still would have a sidewalk there? MR. ARNOLD: Yes, we will. The deviation was to allow it to be on our property instead of in the county's right-of-way. UNIDENTIFIED FEMALE VOICE: And it will just be a sidewalk or multi-purpose path? MR. ARNOLD: The county would require us to build a six-foot wide sidewalk (indiscernible) current code. UNIDENTIFIED FEMALE VOICE: And I think there's a multi-purpose path along Collier. MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: On the side of Collier. Would that remain? MR. ARNOLD: Do you know for sure? I assume it will. It's in the county right-of-way. UNIDENTIFIED MALE VOICE: It's on the right side of the canal, so (indiscernible). UNIDENTIFIED MALE VOICE: East side of the canal. UNIDENTIFIED FEMALE VOICE: Yeah. 9.A.9 Packet Pg. 128 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) MR. ARNOLD: (Indiscernible). Yes, sir. UNIDENTIFIED MALE VOICE: I have a question. You mentioned something about the potential of a car wash. Does that mean -- have you noticed any environmental issues with putting up a car wash? Because a car wash is something that is well needed. MR. ARNOLD: I don't -- I wouldn't expect there to be any environmental issues related to a car wash. Most of those systems these days, they use recycled water and they're pretty clean, so -- UNIDENTIFIED MALE VOICE: Okay. Have you been in discussions with anybody regarding a car wash? MR. ARNOLD: I don't know. UNIDENTIFIED MALE VOICE: One more question about (indiscernible). Have you discussed with anybody any anchors for the commercial part, like the rumor had it that it was going to be Lowe's, that it was going to be Home Depot. Do you have any other anchors? I mean, Publix is across the street. What anchors are you thinking about for that section? MR. ARNOLD: Any thoughts on that? UNIDENTIFIED MALE VOICE: We don't have any 9.A.9 Packet Pg. 129 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) specific anchors. UNIDENTIFIED MALE VOICE: So you have no anchors? MR. ARNOLD: Not yet. It's really hard to get people ready to sign a lease when -- UNIDENTIFIED MALE VOICE: It's the beginning stages. I understand that. MR. ARNOLD: Right. UNIDENTIFIED MALE VOICE: So it's wide open? MR. ARNOLD: It's wide open right now, yes, sir. Yes, ma'am. UNIDENTIFIED FEMALE VOICE: The border between Tuscany Cove and your property -- MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: -- the whole border, that's all going to have a hedge, the whole -- MR. ARNOLD: The county requires us, where we have multi-family against single family, we have to provide a 15-foot wide buffer. It has got to have -- UNIDENTIFIED MALE VOICE: The (indiscernible). UNIDENTIFIED FEMALE VOICE: Excuse me a minute. 9.A.9 Packet Pg. 130 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED MALE VOICE: It's going to be right along that -- UNIDENTIFIED FEMALE VOICE: The whole way? UNIDENTIFIED MALE VOICE: Right along Tuscany Cove. UNIDENTIFIED FEMALE VOICE: When will that go in, prior to all of the construction, noise, mess and destruction or after? MR. ARNOLD: I'm assuming it's going to go in as part of the initial phases of construction, David, the landscape buffer -- MR. GENSON: Yes. MR. ARNOLD: -- on the south side? UNIDENTIFIED FEMALE VOICE: Before all the mess starts? MR. ARNOLD: Well, I think it's -- it occurs concurrently with commencement of construction of the project. UNIDENTIFIED FEMALE VOICE: And will it be maintained ad infinitum? MR. ARNOLD: Yes. Yes, ma'am. UNIDENTIFIED FEMALE VOICE: So I'm here for Heritage Bay Golf and Country Club, and our membership has mostly concerns about the traffic 9.A.9 Packet Pg. 131 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) issues on Immokalee. So tomorrow we have a board meeting and I am to report on this meeting tonight. What would you have me say to our membership that would put them somewhat at ease or could give them some additional knowledge about the traffic issue? MR. ARNOLD: Well, we think that -- you know, we're going to be working with Collier County, as Norm indicated, on their potential footprint for the Immokalee Road improvements. And we're going to be doing some road improvements for our own access points at locations on Immokalee and Collier Boulevard. I don't know that we -- I don't know we have a direct issue with -- you know, there are users other than -- obviously, they're going to have more people on Immokalee Road in that intersection, ultimately. Yes, ma'am. UNIDENTIFIED FEMALE VOICE: When you say (indiscernible). MR. ARNOLD: Can you hang on a second? I couldn't -- it's a little noisy. I'm not sure we're picking you up on the microphone. I 9.A.9 Packet Pg. 132 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) apologize. UNIDENTIFIED FEMALE VOICE: But you also just mentioned Collier Boulevard. MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: Is there any intention to continue to widen Collier Boulevard (indiscernible)? MR. ARNOLD: I don't think so. I think the county is kind of constrained by the canal that's there. I don't know of any -- I've not seen any plans. Norm, do you know -- UNIDENTIFIED FEMALE VOICE: I have no idea what you mean by (indiscernible). What did you mean by that? MR. ARNOLD: Well, we're going to provide an access point on Collier Boulevard to our property. UNIDENTIFIED FEMALE VOICE: An access point? MR. ARNOLD: Yes. And we'll probably have to put a turn lane in, into the project. UNIDENTIFIED FEMALE VOICE: That's when you said before that the county would want it as far away from Immokalee Road as possible? MR. ARNOLD: Yeah. I'm pretty sure, Norm, that's probably -- UNIDENTIFIED FEMALE VOICE: Well, when the 9.A.9 Packet Pg. 133 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) county -- when the county tells you that they want it as far away or south of Immokalee Road, that also means it's putting it very close to Tuscany Cove. MR. TREBILCOCK: Yeah, but what they would do, just to maybe help answer your question, there's -- on the opposite side, the commercial area there, there's an access lining up there. We would line up with that access point. UNIDENTIFIED FEMALE VOICE: (Indiscernible) to Immokalee Road (indiscernible). MR. ARNOLD: It's Collier Boulevard. MR. TREBILCOCK: I'm sorry. This is Collier Boulevard. I thought (indiscernible). This is Pebblebrook -- (Multiple simultaneous speakers.) MR. TREBILCOCK: Do you know where Pebblebrook is? UNIDENTIFIED MALE VOICE: Yeah. MR. TREBILCOCK: There are two lanes that come out. Right now, they've been modified recently. So we would be opposite that, which is actually slightly further north. It wouldn't be right on the boundary line with Tuscany, Tuscany Cove. It would be a little further up (indiscernible) not 9.A.9 Packet Pg. 134 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) that little -- UNIDENTIFIED FEMALE VOICE: So you would cross (indiscernible) Pebblebrook entrance (indiscernible). MR. TREBILCOCK: Exactly. UNIDENTIFIED FEMALE VOICE: -- with Pebblebrook? MR. TREBILCOCK: Exactly. The ones -- the one -- not Publix, but Pebblebrook, the one a little further south right there, because the idea would be potentially to have an opportunity for that to be maybe a signalized intersection or full median open or something. It may correct some of the issues that are out there today, you know, so that's one of the options. So that's why they would tend to want us to line that up access-wise, so that's where that goes. So hopefully that helps you there. But it is a little further away. It's not right up, hugging up against Tuscany Cove. It's a little further up there. UNIDENTIFIED FEMALE VOICE: (Indiscernible) even since Collier Boulevard has been widened and it has a right-hand turn lane onto Immokalee Road. MR. TREBILCOCK: Uh-huh. 9.A.9 Packet Pg. 135 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED FEMALE VOICE: And with the county building and more developments and whatever, there clearly is more traffic. MR. TREBILCOCK: Yes. UNIDENTIFIED FEMALE VOICE: When the county came along and changed it, that people could make a U-turn right in front of Tuscany Cove, I have made phone calls early back in the year. That created a very dangerous situation, especially when we (indiscernible) knowing what the driver's true intention is because we don't have a turn signal that says I'm making a U-turn. MR. TREBILCOCK: Right. UNIDENTIFIED FEMALE VOICE: I nearly got clipped getting out of my development with my grandson in the back seat of the car and I sure would not want to (indiscernible) ever report that to my children, God forbid. MR. TREBILCOCK: Right. UNIDENTIFIED FEMALE VOICE: But that's how serious this traffic situation is. When I left my home tonight to come here, it took me quite awhile before I could get out of my development. And the traffic in that right-hand lane that is heading out east to Ave Maria to (indiscernible) to the casino, 9.A.9 Packet Pg. 136 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) all of that, that is very heavy traffic. MR. TREBILCOCK: Right. UNIDENTIFIED FEMALE VOICE: And for that reason, I would ask the county officials to really be very careful as they plot this because one of the other gentlemen in the audience had said about an access to go out the other way, and that might not fit with your wanting to sell your development, but that was one of the reasons why we asked. When you took that 15-foot buffer and you're talking about -- we asked about sound, how high the trees, how high the homes are going to go, what about the blasting within how many feet, and the things that have gone on that we've already experienced that we also say if you (indiscernible) that other roadway, I know you're going out towards Pebblebrook, but if you did it even as an exit out (indiscernible) it would give us a greater buffer. It would give everybody more access. And then put the one that you're talking about across from Pebblebrook only as an entrance, and definitely probably with a traffic light, because I mean, otherwise, it's going to create, you know, a lot of stuff going on. You want to be approved for 400 units, possibly. And that's probably a minimum 9.A.9 Packet Pg. 137 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) of two cars per unit. Could be four cars per unit. So you put a lot of traffic there just on the residential side, not to mention how many people you're going to draw for the shopping center for the commercial work that you want to do. So I really hope that this is very carefully planned as far as from the county to give us enough egress, ingress, access safety and the whole picture because it's clearly a very developed, growing area as it is, and the homeowners definitely -- I'm a homeowner in Tuscany Cove, and we definitely have concerns from the (indiscernible) to how we're going to be affected, how inconvenienced, what the access is during the build and everything else. UNIDENTIFIED MALE VOICE: Sure. MR. TREBILCOCK: (Indiscernible) We work -- again, we'll work with the county staff. They do look at the accesses and then even the traffic data, they actually monitor that data so that we use data that the county has collected, so, you know, it's always apples to apples when we look at things. But, yes. Thank you. UNIDENTIFIED FEMALE VOICE: You might want to take a look at (indiscernible) the car accidents 9.A.9 Packet Pg. 138 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) that have already occurred at Collier Boulevard. There's been a few bad ones. MR. ARNOLD: Other questions, comments? UNIDENTIFIED MALE VOICE: I just want to mention one thing. If, in fact, you do get an anchor store like Lowe's or Home Depot, a lot of people don't realize it, but they -- the deliveries come at 2 a.m. in the morning. That's when they -- UNIDENTIFIED MALE VOICE: Beep, beep, beep, beep, beep. UNIDENTIFIED MALE VOICE: That's something we have to consider about the buffer zone. (Indiscernible). MR. ARNOLD: (Indiscernible) understood. Anybody else? Any other questions? Yes, ma'am? UNIDENTIFIED FEMALE VOICE: I had another commitment, so I was here a little late. Am I understanding right that they're saying on Collier Boulevard that sidewalk that's big enough for walking and biking would not go all the way to Immokalee Road heading north? MR. ARNOLD: No. I think the comment was the pathway that's in the county's right-of-way is planned to stay. There's no plan to remove it. 9.A.9 Packet Pg. 139 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) UNIDENTIFIED FEMALE VOICE: Okay. But it will extend all the way to Immokalee Road? UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED FEMALE VOICE: Yes. It's there. UNIDENTIFIED MALE VOICE: It will stay? MR. ARNOLD: I think so. I'm pretty sure, yes, it's in the county right-of-way. UNIDENTIFIED MALE VOICE: Because you really need that. (Multiple simultaneous speakers.) MR. ARNOLD: (Indiscernible) quite good. One at a time, please. We're trying to (indiscernible) one at a time, please. UNIDENTIFIED MALE VOICE: You really need that to be able to cross at that stoplight to get across when you are walking to the shopping center. MR. ARNOLD: Right. David, do you know any more specifically about that, the pathway? MR. GENSON: No. (Indiscernible). There's not a pathway the county is going to require us to (indiscernible) but I'm pretty sure that the pathway that's there, it's within their existing right-of-way. MR. ARNOLD: Right. 9.A.9 Packet Pg. 140 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) MR. GENSON: Yeah. And there's a (indiscernible). We don't have opportunity to change that. MR. ARNOLD: Right. Yes, ma'am -- I saw another question, somebody? Yes, sir? UNIDENTIFIED FEMALE VOICE: Yeah. Just a comment. In the morning, coming west, heading west on Immokalee, when you get (indiscernible) I understand they've just redone this and haven't opened it yet. I guess they're going to have three lanes to take a left turn. Prior to that -- and we'll see how that works out, prior to that, I think the traffic would back up to a point where your entrance, okay, that you had shown on the other sheet, would be impossible to get into, all right. And I think what would happen, then, ultimately, people who would want to take a left would probably want to cut through your -- rather than wait for the light on Collier, they're going to cut through your place. And then that would have a bearing. If you have a light going out of that Collier, okay, what would happen is people 9.A.9 Packet Pg. 141 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) would use that as a cut-through in the morning rather than going through -- MR. ARNOLD: Sure. Well, I think that's why the county has told us -- UNIDENTIFIED MALE VOICE: So the placement of your access roads and whether there's lights or not, that could have a big bearing -- MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: -- on what happens on the (indiscernible). MR. ARNOLD: I think the county expects that. So they want our project to be designed to allow some cut-through traffic to occur. UNIDENTIFIED MALE VOICE: Some cut-through is okay (indiscernible) out there. MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: It is backed up now. MR. ARNOLD: Sure. UNIDENTIFIED MALE VOICE: And your straight lane and through lanes are backed up a lot of times in the morning now. Hopefully, it will be straightened out when you get that third lane opened. MR. ARNOLD: (Indiscernible). Anybody else? 9.A.9 Packet Pg. 142 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) Well, thank you all very much for coming out and make sure you get Sharon's card if you'd like to stay plugged in with us (indiscernible). Sir, if I could get your information, I'll -- (End of recording.) 9.A.9 Packet Pg. 143 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) STATE OF FLORIDA COUNTY OF COLLIER I, Joyce B. Howell, do hereby certify that: 1. The foregoing pages numbered 1 through 48 contain a full, true and correct transcript of proceedings in the above-entitled matter, transcribed by me to the best of my knowledge and ability from a digital audio recording. 2. I am not counsel for, related to, or employed by any of the parties in the above-entitled cause. 3. I am not financially or otherwise interested in the outcome of this case. DATED: October 24, 2017 SIGNED AND CERTIFIED: ________________________ Joyce B. Howell 9.A.9 Packet Pg. 144 Attachment: Attachment E (2 of 2) Transcript-Pelican Nursery PUD 10-18-17 NIM (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 145 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 146 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 147 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 148 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 149 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 150 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 151 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 152 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 153 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 154 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 155 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 156 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 157 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 158 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 159 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 160 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 161 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 162 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 163 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 164 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 165 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 166 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 167 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 168 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) Bent Creek Preserve Homeowners Association, lnc. 9350 Bronwood Place, Naples, Florida 34120 April 5, 2019 Nancy Gundlach, AICP, Principal Planner Growth Management Department-Zoning Div. Collier County 2800 North Horseshoe Drive Naples, FL 34104 RE: Baumgarten MPUD- Petition S PL 2017-76A Dear Ms. Gundlach: The Bent Creek Preserve Homeowners Association ("Association") represents the interest of the residents of the Bent Creek Preserve ("BCP") community. Asthe Association's President lwanted to pass on to you, concerns the Association has with the proposed Baumgarten MPUD being considered for development by the County. We have relied upon materials available from the County's website in formulating these community concerns. 1. Potential Full lnterconnect with Bent Creek Preserve: Understandin g it is the County's policy under FLUE Policy 7.3 to have interconnections between adjolning neighborhoods and the Baumgarten MPUD Master Plan, Exhibit "C" (rev . 3/ L7/2o791 shows a potential interconnect; the Association objects to this requirement. Bent Creek Preserve is a Bated community with private roads and sidewalks. Our residents have bought homes in the community knowing that the access is controlled and restricted. Accordingly, we feel the two dlfferent land uses do not warrant a full, open connection and the Association will not allow for uncontrolled interconnection. The Association would request to be allowed, without additional PUD permitting, to install vehicle & pedestrian gates with BCP resident-only access control at such interconnect, if a connection is ultimately required by the County. 2. Buffers along Baumsa rten's Eastern ProDerty Line: it is our understandi ng that the county Development Code requires a 15'wide Type B buffer along the applicant's eastern property line The Applicant's Master Plan, Exhlbit c (rev. 3/tL/20791reflects this landscape buffer. The code definition for Type B Buffer states in parl, "which moy include o woll, fence, hedge, berm or combinotion thereof'. The Association is requestinB that Baumgarten MPUD be required to include a 5'high masonry/concrete panel wall in the required Type B buffer, for the 870 feet of the common property line between Baumgarten and Bent creek Preserve where the change in use abuts our residential units. The remaining common property boundary is adjacent to a BcP conservation easement area. The Association does not believe that having only a landscape 9.A.10 Packet Pg. 169 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) BCP HOA letter to Gundlach April 5, 2019 Page 2 of 2 3. Mixed Use Commercial Land Use Adiacent to the Bent Creek Preserve: The Exhibit B Development Standards dated 3/tl/2019, shows a "Minimum Yard- from Eastern Project Boundany'' of 50 feet. The Association concurs with the County staff recommendation that the requirement be 50 foot setback plus one additional foot for each one foot increase of building height above 50 feet. Accordingly, a 65' high building will require a 65' setback. 4. Special Conditions: The Association agrees with the Special Conditions, dared 3hL/2O79, included wlth the Baumgarten MPUD submittal (copy attached). Thank you for the opportunity to provide the Association's comments concerning the Baumgarten MPUD submittal. lf you have any question or need additional information, please feel free to contact me. My phone is 239-225-2L!4. Sincerely, David Caldwell President planting for the buffer separating the Bent Creek Preserve single family homes from the Baumgarten commercial or multifamily residential uses is adequate to protect the privacy and security for the Association's members. 9.A.10 Packet Pg. 170 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) I Ii/L-HERITAGE BAY MPUD COUMERCIAL l__ - | t --,1,? t-----1J-f t----\ I I I BEMT CREEK PRESERVE PUD RESIDENT1AL E 3 RICHLANO li it r! li!I N i R R I TUSCAI.IY COr'E PUD RESIDENIAL :- tE€E PUO Exrrin r, rElr 3"l)SCALE: l'= 30o' ffii[EimD rrxEI at I&GENDB = DEVIATION Z ACTMITY CENTER U @ GradvMinor .!.h.lEir.ie{F.n.-n.Ir.a,.rdd BAUACARTEN YPUD FEvrsEo 0.)/r r /2or 9 9.A.10 Packet Pg. 171 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) U. RESIDENTIAT: SPS-Same as Principal Structure 8H - Building Helght (zoned height) '1- Minimum separation between adiacent dwelling units, If detached, shall be 1d. '2 - Front yards shall be measured from back ol curb {if curbed) or edge of pavement (if not curbed) for prlvate streets or drlves, and from ROW llne for any public roadway. Slngle-family front entry garages shall have a 23' setback from back of sidewalk. i3 - AII landscape Buffer Easements and/or Lake Malntenance Easements shall be located within open space $acts or lake tracts and not be within a residential lot. Where a home site abuLs a Landscape Buffer Easement or Lake Maintenance Easement withln open space tracts or lake tracts, the accessory structure setback on the residential lot may be reduced to zero (0) feet where lt abuts the easement. *4 - When not located in a residential building within the "R' tract. 15 - Does not apply to passlve recreational uses such as trails/pathways. *5 - Community structures such as guardhouses, gatehouses, funces, walls, columns, decoratlve architectural features, streetscape, passive pa*s and access control skuctures shall have no required setbach except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such strudures shall be located such that they do not cause vehicular stacking lnto the road right-of-way or create site distance lssues for motorlsts and pedestrians. PRINCIPAL STRUCTURE *6 TOWNHOUSE (PER UNIT) MUITI.FAMILY AMENITY AREA +4 Minimum Lot Area r-440 sF 43,560 SF N/A Minimum Lot Width 18 feet N/A N/e Minimum Lot Depth 80 feet N/A N/A Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet Minimum Rear Yard Setback 15 feet Minimum Preserve Setback 25 feet 25 feet Minimum PUD Boundary Setback 50 feet *5 Maximum Building Height Zoned Actual 55 feet 65 feet 25 feet 35 feet Minimum Distance Between Buildings 20 feet 20 feet N/A Floor Area Minimum, per unit 750 SF Minimum Front Yard Setback +2 15 feet 15 feet 10 feet 10 feet 10 feet L0 feet Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet Minimum Preserve Setback 10 feet 10 feet 10 feet Minimum PUD Boundary Setback 15 feet 15 feet Minimum Distance Between Buildings 0/10 feet 0/10 feet N/e Maximum Height Zoned Actual 35 feet 40 feet 3 5 feet 40 feet 25 feet 30 feet B a,Mgqten MP UD F-xh .1-F-rev6. docx Pagc 9 of 19 March 11, 2019 15 feet 15 feet 25 feet 50 feet 50 feet 45 feet 50 feet 684 SF ACCESSORY STRUCTURES *6 .:.n Minimum Side Yard Setback 15 feet 9.A.10 Packet Pg. 172 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 5. SPECIAL CONDITIONS a No adult orientated sales are permitted. b. For commercial uses, outdoor music and televisions shall be limited to the areas that are a minimum of 500 feet from the southern and eastern PUD boundaries. There will be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays and 12 a.m. and 8 a.m on weekends. c. Dumpsters shall be oriented as far away from residential units as possible. d. Delivery bays shall not abut external residential development. e. Service bays related to automobile service and repair shall be located so that they do not face any external residential district within 1500 feet. f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields. Bamrgotzn MP|ID bh A-F revd.dru Pagc 19 of 19 March ll,2019 9.A.10 Packet Pg. 173 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) GundlachNancy From: Sent To: Subject: mary.pici@verizon.net Wednesday, April 3,20'19 1Z:24 PM GundlachNancy Baumgarten PUD Dear Ms. Gundlach, We would like to express our opposition to the rezoning of the Baumgarten MPUD. We own three single family homes in Tuscany Cove development which borders this property. We are not opposed to the development of this parcel but are opposed to the current plan. We will be out of town on April 18, 2019 and, therefore, will be unable to attend the meeting. Our concerns are as follows: 1. The Tuscany Cove development borders the proposed site. The proposal calls for 10 buildings of 40 units each that were originally in the center of the site with a small lake between our communities. lt now appears that the 10 buildings have been moved to the Tuscany Cove border with the lake in the middle. This change was made at the last minute and the public documents do not even show the exact placement of these buildings. The height of these proposed buildings is another variance and will negatively impact on our property values as well as the enjoyment of our properties. 2. The Baumgarten parcel is approximately the size of Tuscany Cove which has under 300 one story, single family homes. The proposed development appears to be too dense with 400 living units on about 1/3 of the property and extensive commercial development on the remainder. lt is not clear from the public plans how the parking and traffic from all this development will be handled. The location of the roadways and buildings in the residential area is not shown. As it is now, residents of our community have difficulty entering and exiting our community. There have been numerous accidents at the corner of lmmokalee and Collier with 3 deaths in the last year. The density of this proposed development will negatively impact this situation. Again, we are not opposed to the change from Rural Agricultural to Mixed Use Planned Development as long as it is developed in a responsible manner that does not negatively impact our property values and enjoyment of our preexisting properties. Thank you for your time. Joseph and Mary Pici 15306 Cortona Way Naples, FL 34120 1 9.A.10 Packet Pg. 174 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) Gund lach Nan cy From: Sent: To: Cc: Subject: BellowsRay Monday, April 1,2019 6:21 PM GundlachNancy BosiMichael FW: Proposed Development at SE Corner of lmmokalee Rd. & Collier BIvd. R.t FYI From: KarlFry <Karl.Fry@colliercountyfl.gov> Sent: Monday, April 01,2019 11:53 AM To: BellowsRay <Ray. Bellows@colliercountyf l.gov> Subject: Fw: Proposed Development at SE Corner of lmmokalee Rd. & Collier Blvd. Hi Ray, Please distribute as you see fit. Hope you are well! Regards, Ka rl Roymond V. Bellows, Zoning Monoger Zoning Division - Zoning Services Section Growth Monogement Deporlment Telephone : 239.252.24 63i F ox: 239.252.63 50tu Exceeding expeclotions, every doy! Tell us how we are doing by taking our Zoning Division Survey at httos://ooo.ol/exivoT. Korl Fry Collier County Planning Commission, oistrict 3 1 9.A.10 Packet Pg. 175 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) From: Terry Kennedy <tkennedv@ide astraining.com> Sent: Thursday, March 28,2019 2:05 PM To: KarlFry Subject: Re: Proposed Development at SE Corner of lmmokalee Rd. & Collier Blvd Hello Karl, Thank you for your response and preferred email address to reach you, I will pass on that information. Yesterday, I received contact emails that were published (l do not have the source) from another Tuscany Cove resident/owner who has been organizing petitions regarding our communit/s serious concerns with this high density development proposed to break ground adjacent to our homes and our small set-back area. BIW, an overwhelming maiority of owners/residents have signed these petitions and many have sent letters similar to mine imploring the Planning Board and Commissioners to seriously consider the negative impact to our community. Thank you for reading my email, please seriously consider our concerns and forward to the appropriate Board and Commission members. We look forward to hearing back from you with any updates. Thank you in advance Best Regards, Terry Kennedy Emoil: TK€nnedy@l DEASIraininB.com From: Karl Fry <karlfry@comcast. net> Date: Thursday, March 28, 2019 at 6:54 AM To:'Terry Kennedy' <tkennedv@ideastraining.com> Cc: <Karl.Fry@colliercountyfl.gov> Subject: RE: Proposed Development at SE Corner of lmmokalee Rd. & Collier Blvd. Hi Terry, Thanks for the info you have provided. I do try to take all aspects of any proposed development into account. l'm replying to you and my official Collier County email address. Please use that address moving forward. Helps me separate ccPc official business from spam and other personal emails... Curious, how did you come to email my personal address? My county email is on the CCPC website. lf there's a link to my personal address that's been overlooked, would appreciate knowing... Regards, 2 Karl .2391777-3962 Karl.Frv@colliercountvfl.sov 9.A.10 Packet Pg. 176 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) From: Terry Kennedy <tken n ed v@ ideastra in in e. co m> Sent: Wednesday, March 27 ,2019 5:27 PM To: StanChrzanowski @colliereov.net;JoseohSchmitt@colliersov.net: KarenHomiak@collier gov. net; dearborn ohnrwood.com karlfrv@comcast.n et Ma rkstrain@collier gov,net;EdwinFrv er @ colliersov.net Cc: eastmath@collierschools.com;n na. Fia la colliercount@ vfl.so Burt Sa unders @ colliercount vfl.go ill.McDaniel colliercoun Pennv.Tavlor@colliercountvf l.eov; Andv.Solis@colliercountyf l.gov; gbfahmv@aol.com Subject: Proposed Development at SE Corner of lmmokalee Rd. & Collier Blvd. ATTN: Collier County Planning Commission CC: The Board of Commissioners of Collier County RE: Proposed Development at SE Corner of lmmokalee Rd. & Collier Blvd. From: one of many Concerned Property Owners and Taxpayers Date: March 27 ,2Ot9 Due to: extreme traffic congestion and intersection hazards-resulting in loss of life, netative impact to Collier County environment, negative impact to neighboring established single-story community, Tuscany Cove, and unnecessary overly-increased density, tt is impemtlve thalt there NOT be multi-story unlts bullt on the 5tr-56 acres located at the sourh East corner of Colller Blvd & lmmokalee Road (previously Pelican Nursery).e PLEASE REJECT Sranting height variances above two (standard heiSht) stories on ANY proposed structures on said parcel. . PTEASE REJECT high density or increased density variances for said parcel abutting our development,o PLEASE RETECT any other requested or pending variances that would further impact and harm our expected quality of life and environmental safety. Please LISTEN to and seriously consider the VALID CONCERNS of your Collier County Taxpaying Customers (owners and renters, taxpayers and citizens), Please see PETITIONS submitted to Collier County Commissionerc in February ond Morch 2079lrom Tuscdny Cove. See synopsis below ond previous letter sent ond dttoched (February 25, 2019) February 25, 2019 To: The Board of Commissioners of Collier County: Burt L Saunders (District 3) Vice Chairman Donna Fiala (District 1) Andy Solis Esq. (District 2) William L. McDaniel (District 5) Chairman Mike Bosi :Zoning Director Penny Taylor (District 4) RE: PUDZ-P120170000768, Pelican Nursery Mixed-use Planned Unit Development (MPUD) Dear Board of Commissioners, D 3 Recently, via petition, the residents and property owners of Tuscany Cove have brought to your attention the many concerns that our community has with the proposed PUD rezone application for commercial and residential development of the 54-56 acres located at the South East corner of Collier Blvd & lmmokalee Road, the site where Pelican Nursery had been for many years. Thank vou in advance for vour time and selious deliberation on thiS matter. 9.A.10 Packet Pg. 177 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 1. PLEASE SAY "NO" to HlcH DENS IW, MULTI.STORY DEV ELOPMENT The COMMISSIONERS SHOULD HOtD A,Vy CURRENTLY PLANNED and FUTURE PROPOSEO PROJECT at the corner of lmmokalee Rd. and Collier Blvd to the CORRECT LlMlTS, PROPER ZONTNG RESTR|CT|ONS, and UTMOST SAFETy CONCERNS, The proposed 400 multi-family residential units, a possible 1OO-150 room hotel, medical offices, restaurants, any other commercial entities would overwhelm and NEGATI VELY IMPACT our alreadv heavilv saturated & trafficked area. PLEASE: Do not proceed - without the FUtl CONSIDERATION of U the impact of the heavily increased traffic, or 2) enough improvement to the surrounding infrastructure to accommodate such growth, or 3) the detrimental effect on our quality of life. Developing and expanding the density of structures on the SE corner of lmmokalee Rd. and Collier Blvd. would compound the already serious traffic problem. This is UNSAFE and unacceptable to us as citizens who moved this far out east to be away from the gridlock of Tamiami Trail, and the skyscrapers and multi-story/multi-unit developments closer to the Gulf. When daily life becomes a hardship of this degree, the result is that the very people (ond resulting S dollors)lhat Collier County government has already attracted here may very well choose another, more desirable, safer area to live and work. BAD WORD OF MOUTH is not something we can afford. The rcsultont loss ol LLFE, time, rcputdtion, and money is not worth it, is it? 2. PLEASE REVIEW /IMPROVE TRAFFIC FLOW and SAFEW a t U-turns, esDeciallv At ENIRANCE OF TUSCANY COVE and at lhe moior intersection of lmmokalee Rd. and Collier Blvd. The recent change in allowing U-TURNS At thE ENTRANCE OF TU NY COVE TO HEAD NORTH MAKES EXITING AND ENTERING OUR COMMUNIW EXTREMELY DANGEROUS. The traffic heading north on Collier Blvd is OFTEN BACKED UP from lmmokalee Road to our entrance and exit, which creates severe bottlenecks, gridlock, and increasing accidents. The reports of at least 202 ACCIDEN e fatal - over the last two years, at the lntersection of Collier Blvd and lmmokalee Road (ond the most recent trogic fatol accident of a young mother ond small child), are most OISTURBING. Even in the "off" season, there have been daily serious bottlenecks as well as frequent accidents/incidents. This results in very congested and dangerous intersections, including at the ingress/egress to our small community. One of the main reasons we purchased in Tuscany Cove was because our communitv was NOT built on a corner intersection; yet, because of re-routing and dangerous U-turns, we have experienced increased vehicular traffic from the many commercial businesses and lhe mdjor intersection of lmmokalee Rd. and Collier Blvd., as if we were a major intersection. This is NOT SAFE URBAN PIANNING. With the very busy Emergency Room at the NE corner, a life-death hazardous situation can occur, when ambulances and other em ersencv vehicles (ond residents/visitors in their own vehicles who ore trying to get to the hospitol)have increasing difficulty getting throu8h the gridlock! For the sake of our local community's safety and security - as well as the future positive "lifestyle" image (and bottom line preservotion/ of Naples, Collier County, PLEASE RUECT granting variances on increased density and building height above two stories and for ANY proposed structures abutting our development. Please do not allow this slipperv slope of ouick-income, detrimental urban plannins that is NOT lN THE BEST INTEREST of our citizens, tourists, and upscale businesses who have alreadv invested in our communitv. This is unbecoming to our treasured "lifestyle" that brought us here in the first place. Word of mouth travels fast, and as many of us are not originally from "around here", it is imperative that those in power in government understand the needs of our existing citizens and protect the positive reputation of Naples. 4 9.A.10 Packet Pg. 178 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) The residents and owners of Tuscany cove and adiacent e,xrsting communities are couNTlNG oN you, Commissioners, to have the foresight to represent and defend our positive community interests-for the health and safety of Collier County's future. Thank you for your attention to this important matter. Respectfully, Terry Kennedy, owner, Tuscany Cove unit 15501. Cortona Way, Naples, FL 34120 Former publisher/editot, N o ples G uide magazine Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response lo a public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in writing. 5 9.A.10 Packet Pg. 179 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) GundlachNa ncy From: Sent: To: Subject: Attachments: BosiMichael Tuesday, April 2, 2019 8:'13 AM GundlachNanry FW: PUDZ-P120170000768, Pelican Nursery Mixed-Use Planned Unit Development (MpUD) Tuscany Cove petition contd. scan petition paft2 - 4 2 2019.pd1 fvi From: Boutin, Gary <9ary. boutin@sap.com> Sent: Tuesday, April2,2079 7:54 AM To: FialaDonna <Donna. Fiala@colliercountyfl.gov>; SolisAndy <Andy.Solis@colliercountyfl.gov>; SaundersBu rt <Burt.Saunders@colliercouotyfl.gov>; TaylorPenny <Penny.Taylor@colliercountyfl.gov>; McDanielBill <Bill. McDaniel@colliercou ntyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; ma rkstrain@collier.gov; HomiakKaren <Ka ren. Homiak@colliercou ntyfl.gov>; KarlFry <Karl. Fry@colliercountyfl.gov>; FryerEdwin <Edwin.Fryer@colliercountyfl.gov>; StrainMark <Ma rk.Strain @colliercountyfl.gov>; Chrzanowskistan <Sta n.Chrzanowski@colliercountyfl.gov>; SchmittJoseph <Joseph.Schmitt@colliercountyfl.gov>; eastmath@collierschools.com; pdearborn@johnrwood.com Cc: Gregory Paquette <gpaquette@uri.edu>; gbfahmy@aol.com; lpdifusco@aol.com; jtaglietta@aol.com Subject: PUDZ-P120170000768, Pelican Nursery Mixed-Use Planned Unit Development (MPUDlTuscany Cove petition contd.' Tuscany Cove HOA and Community of Residents 150?6 Toscana Way, Naples,Fl 34120 239-348-9650 To: The Collier County Planning Commissioners: Karen Homiak, Patrick llearborn, Karl Fry, Edwin Fryer, Mark Strain, Stan Chrzanowski, Joseph Schmitt; and : The Collier County Commissioners: Donna Fiala, Andy Solis, Burt Saunders, Penny Taylor, Bill McDaniel and: Director of Zoning, Mike Bosi 1 9.A.10 Packet Pg. 180 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) RE: PUDZ-PL20I70000768 (Pelican Nursery Mixed Use plannert developmcnt) Dear Ladies and Gentlemen, On March 15,20t9 we emailed you our 2 PAGE PETITION LETTER with 9 pages of l3l signatures from our VERY CONCERNED TIJSCANY COVE RESTDENTS. Today we ore enclosing an additional 4 pages of 50 * more signatures from OUR VERY CONCERNED RESIDENTS along with another copy ofour pctition letter for your convenience. Again, we thank you in advance for taking our many concerns into your considerations snd we look forward to sceing you ot your Apri! tE,2Ol9 Planning Com mission lfearing, Respectfully, The Concernerl Residents of Tuscanv Cove Gary J Boutin ossp HCM Cloud Operalions 53 State Street Boston, MA 02109 T 617-7't5-7346 com Under Florida Law, e-mail addresses are public records. lf you do nol want your e-mail address released in response to a public records request, do not send electronic mail to this entity. lnstead, contact this oflice by telephone or in writing. E \^l ')irl:7U3r'., 2 9.A.10 Packet Pg. 181 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) Tuscany Cove HOA & Commrmity of 294 Single Family Homes 15076 Toscana Way Naples, Fl 34120 239-348-96s0 To The Board of Commissioners of Collier Countv: Donna Fiala (District I ) Andy Solis Esq. (District 2) Burt L Saunders (District 3) Vice Chairman Penny Taylor (District 4) William L. McDaniel (District 5) Chairman And Mike Bosi : Zoning Director RE: PUDZ-PL20I70000768, Pelican Nusery Mixed-use Plarured Unit Development (MPUD) February 19,2019 Dear Ladies and Gentlemen, We, the residents of Tuscany Cove want to bring to your attention the many concerrs that our community has with the proposed PUD rezone application for commercial and residential development ofthe 54-56 acres located at the South East comer of Collier Blvd & Immokalee Road., the site where Pelican Nursery had been. We are concemed that the proposed 400 multi-family residential units, plus a possible 100-150 room hotel, medical offices, restaurants, etc; will overwhelm this already heavily saturated & tafficked area- Injust the past several years we have had the growth of9 residential developments being: Compass Landing, Canopy, Tuscany Point, Bucks Run, & Raffia Preserve offof Collier Blvd between Vanderbilt Beach Road and Immokalee Road; as well as Bent Creek & LaMorada on Immokalee Road just east of this proposed development and Esplanade and Addison Place on Immokalee Roadjust West of Collier Blvd. We have also seen the addition of NCH Northeast Emergency Room, and Medical Offices, Diagnostics and Rehabilitation, C.V.S. Pharmacy, assorted Restaurants, Businesses, and Retail Outlets at the Northeast comer of Immokalee Road & Collier Blvd. There have been 202 accid€nts at the Intersection of Collier Blvd and Immokalee Road between January l, 2017 and January 2019, and that most recent tragic accident last month, where a young mother and small child died. As a community of very concerned citizens, we have reached out to the Collier County Sheriffs Dept and to 9.A.10 Packet Pg. 182 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) F.I.R.E.S. Florida's Integrated Report Exchange System, due to our deep concems. The recent change in allowing U-Tums at the Entrance of our Community to head North has made exiting our community downright dangerous; as well as the traflic heading north on Collier Blvd at times is backed up from Immokalee Road to our entrance and exit. We are getting all olthe traffic coming out the Shoppe's Of Pebblebrook, Publix and Walgreen's al the Southwest Comer of Collier Blvd & Immokalee Road. The traffic that has to exit south on Collier BIvd, gets into that left tuming lane to U-Tum North. At times that faffic builds up beyond what the turning lane can accommodate and comes to a standstill in that regular left lane, as more traffic keeps coming fiom the east and west of Immokalee Rd onto Collier Blvd. In addition to our serious traffic concems; we would like the commissioners to hold this project to the correct and current zoning restrictions; rather than granting variances with regard to the height of the proposed structures, abutting our development, the width or lack of width of the roadways, etc; that would negatively impact our community. It is our plea to each ofyou to come here to see for you$elf. A picture they say is worth a thousand words, but a little driving in and out ofour development and shopping plazas, would help you greatly to r,rnderstand our deep concems for safety. Seeing a drawing ofa Massive Rollercoaster and riding on one are two very different things. We are a mixed community ofvery young, school age, working age & senior aged families. The greater majority of our community live here full tine. Our number one concem is to safely go to school, to work, buy groceries, and go to our doctors, dentists, parks, libraries, etc and safely retum home each day. Thanking you for your time and many considerations given this matter; we remain, the VERY CONCERNED TUSCANY COVE RESIDENTS Please weigh our concems thoroughly and thoughtfirlly, just as you would if it was where you or your family lived. 9.A.10 Packet Pg. 183 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) /ttp,tt zuOtgQL- bybhl A-a,n tr,twSdl- hh bhl [CSus'bet'brz) ?bt28? PT14)S cnqNo . o, )7v w5/a/b3 Yt,/{@ sLLle[n I sa1 +( VJU o71)N oarVPr SOJ- LL 9 s -s Ftt 'q6Fi sqoL /v rntr,Vxal l9b 'WO/tul lYs +\o |\\v\q>ol- w>aaxN ^Y Y70€ 4'.ry )N\l\rd\ bzbb-o9,1 *Lt]" q>)^o ?I Lv vht ltw'rryL bhqgl t, r,1 )tl 0-: q WJT ",ll trt<a.D W,J-{v a ,h_ts€.DZ z tg< aLq. '0rd' tQ.QO LOA ..1 q YOC O I o 9.A.10Packet Pg. 184Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) '6.rtHro Co 'b-fr"- 37 {?a j_ 27aoc Lzo lt{v 2 9AA d- VqVo (DDO tR2a2 Wc'"L tq15> l-o€4**x.'*v D ; ur>A Hoo4-q zjl-421 'o/-e l &,, /7(6.^,J 1'tl .rtl d *JK ( / <o2-l -r os<r.^t 4 )a/q-, t^A 0 /e ,lur,rr,.I es 3"ob I l*\25 ]os r ^j,+ u) *L.(- u4qfi /) U) JZsePh & tnzz-," 9.A.10 Packet Pg. 185 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) * a- k)a fufrazl ./o, /"rir;e 5\bz-r+<rr\^- /3 o bL\oill W4 ,5 /o Gr+"-r* t\d OY 4 z Gqlaoo k),, 8S (-lo2r o /-7--t L{ /LS CrBio,,to- /5 zz7 r7o tf2 tu f L G.l"* tS t)g Gerrr,Uq 7 <nl CDrroAh AA t5l "17 Co t c_ ! I I I 9.A.10 Packet Pg. 186 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) L44,/ 2 4{ -Yd3.2fol- Sco tv,o o ; blZ-ff6-3r3{ l-f n I,KA , ai'n qto CANh *| eeaa' e fra sq { 2-47-1'?tr'\Y, Co ( 6s Ft-3<ttz) t^/Ar7-7ftt /d I _la1j Frl t)],,4t( &ad lJo,ua.* crle ,CAN 9.A.10 Packet Pg. 187 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 188 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 189 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 190 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 191 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 192 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 193 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.10 Packet Pg. 194 Attachment: Attachment F- Petition and Letters of Objection 50 5-20-19 (2) (8584 : Baumgarten MPUD) 9.A.11 Packet Pg. 195 Attachment: Attachment F-1 - Letter of Approval fromTuscany Cove POA 5-13-19 (8584 : Baumgarten MPUD) 9.A.11 Packet Pg. 196 Attachment: Attachment F-1 - Letter of Approval fromTuscany Cove POA 5-13-19 (8584 : Baumgarten MPUD) 9.A.12 Packet Pg. 197 Attachment: Attachment G - Tuscany Cove Building Heights and Bent Creek Building Heights 3-29-19 (8584 : Baumgarten MPUD) 9.A.12 Packet Pg. 198 Attachment: Attachment G - Tuscany Cove Building Heights and Bent Creek Building Heights 3-29-19 (8584 : Baumgarten MPUD) 9.A.12 Packet Pg. 199 Attachment: Attachment G - Tuscany Cove Building Heights and Bent Creek Building Heights 3-29-19 (8584 : Baumgarten MPUD) 9.A.14 Packet Pg. 200 Attachment: Legal Ad - Agenda ID 8584 (8584 : Baumgarten MPUD)