Agenda 09/15/2009 Item #17F
Agenda Item No. 17F
September 15, 2009
Page 1 of 80
EXECUTIVE SUMMARY
PUDZ-2009-AR-14141, The Naples Italian-American Club, Inc. represented by Robert
Duane, AICP, of Hole Montes, Inc. and Richard Yovanovich of Coleman, Yovanovich and
Koester P A, is requesting a Rezone from the Agriculture (A) Zoning District to the
Commercial Planned Unit Development (CPUD) Zoning District to allow up to 20,000
square feet of civic, social or fraternal organizations and 34,000 square feet of commercial
and professional office uses. The approximately 5.0-acre subject property is located at 7035
Airport Pulling Road, Section 2, Township 49 South, Range 25 East, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone the
subject property from the Rural Agriculture (A) zoning district to the Commercial Planned Unit
Development (CPUD) zoning district for civic, social or fraternal organizations and commercial
and professional office uses in a project to be known as the Italian-American Club CPUD; and to
insure that the community's interests are maintained.
CONSIDERA TIONS:
,.-
Land Development Code (LDC) Section 2.03,06.C.3, Commercial Planned Unit Development
District, provides for CPUDs that include the entire range of uses pennitted in the General
Commercial (C-I) through the Heavy Commercial (C-5) zoning districts. The proposed CPUD,
if approved, would allow for 34,000 square feet of conunercial and professional office uses
consistent with the C-I zoning district; and up to 20,000 square feet of civic, social or fraternal
organizations, which are permitted as a Conditional Use in the C-I zoning district and by right in
the C-2 (Commercial Convenience) zoning district. The proposed zoned height for the CPUD
would be three stories and a maximum 40 feet for principal structures, with actual height,
including appurtenances, not to exceed 45 feet.
As depicted on the conceptual Master Plan in Exhibit C to the CPUD document, entitled "CPUD
Master Plan," prepared by Hole Montes and dated August 2008, as revised through March 2009,
the project would be split into Tracts A and B: the former (on the western half of the property)
permitting civic, social or fraternal organizations and the latter (adjacent to Airport Road)
allowing commercial and professional office uses, as well as the continued use of an existing
communications tower. Access to the property tor vehicles would be available only from Orange
Blossom Drive within the Tract A portion of the site; with pedestrian access possible from one
point on Airport Road, two points along Orange Blossom Drive, and one interconnection point
with the Carlisle at Naples senior community to the west. Two stub-outs on Tract A for future
vehicular access with the undeveloped property to the south are also shown. Parking would be
provided in surface lots surrounding the proposed buildings. Finally, stonn water would be held
in a dry retention area along the southern boundary of Tract B. Total open space would comprise
35 percent of the site's area, which is five percent over the minimum requirement of the LDC.
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PUDZ-2008-AR-14141, Italian-American Club CPUD
August I I, 2009 Page 1 of 7
Agenda Item No. 17F
September 15, 2009
Page 2 of 80
FISCAL IMPACT:
The rezoning action, in and of itself, would have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, would maximize its authorized level of development,
however, if the use were approved, a portion of the existing land would be developed and the
new development would result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building pennit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is currently home to the Italian
American Club and lies within the FLUE's Urban Commercial District, Orange Blossom/Airport
Crossroads Commercial Subdistrict. As such, it is eligible for financial institutions, schools,
professional, medical and general offices, personal and business services and clubhouse
facilities, as allowed in the C-l zoning district either by right or by Conditional Use. The Orange
Blossom/Airport Crossroads Commercial Subdistrict is comprised of two parcels, identified in
the FLUE provisions as Parcell (the subject property) and Parcel 2 (the 5.0 acres which abut the
subject property to the south). Development standards apply throughout the Subdistrict, as do
criteria specific to each Parcel. The subject portion of the Subdistrict does not allow mixed-use
residential and commercial. (Please note that the complete GMP analysis is contained in the staff
report. )
The project has been found consistent with Policies 7.1 through 7.7 under Objective 7 of the
Future Land Use Element (FLUE) regarding the "Smart Growth" provisions into the FLUE.
Transportation Element:
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and
has determined that the adjacent roadway network will have sufficient capacity to accommodate
this project within the 5 year planning period to accommodate the expansion of the fraternal
organization. This first phase of the project (up to 20,000 square feet of Fraternal Organization)
can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth
Management Plan.
The remaining proposed additional square footage, outlined as a combination of medical office,
general office, and drive-in bank, can be considered consistent with the Transportation Element
PUDZ-2008-AR-14141, Italian-American Club CPUD
August 11, 2009 Page 2 of 7
Agenda Item No, 17F
September 15, 2009
Page 3 of 80
of the GMP, subject to the developer commitments in Exhibit F. Therefore, the subject
application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP.
As required by the FLUE for this Subdistrict, an Intersection Improvement Plan has also been
submitted and approved by the Transportation Planning Division.
GMP Conclusion:
Based upon the above analysis, staff concludes the proposed CPUD rezone may be deemed
consistent with the Future Land Use Element, subject to the development commitments
contained in Exhibit F to the CPUD documents.
AFFORDABLE HOUSING IMPACT:
The applicant has not made any provision for the affordable or workforce housing needs
approval of this application might generate.
ENVIRONMENT AL ISSUES:
All environmental issues have been addressed. The applicant was not required to submit an
Environment Impact Statement (EIS) for this project nor was a hearing before the Environmental
Advisory Council required because the site had been previously cleared.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition
because no protected species or wetland impacts were identified on the site.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This item was heard by the CCPC at their August 20, 2009 public hearing. The CCPC voted 7-0 to
forward it to the Board of County Commissioners (BCC) with a recommendation of approval,
subject to the following conditions:
1. Parking on Tract B by patrons of the private club on Tract A shall only be permitted during
the club's special events, at which time parking on Tract B shall be permitted by patrons
from 6-11 p.m. on weekdays; and on weekends and legal holidays until 11 p.m.
2. No more than 8,500 square feet of the 34,000 square feet of gross leasable area permitted on
Tract B shall be used for medical offices.
The CCPC also recommended that the BCC approve the applicant's request for the deviations
outlined in the staff report.
Staff has received no letters of objection and one letter of support fj.-om the community. Because
this item received unanimous approval, it is being placed on the BCC's Summary Agenda.
PUDZ-2008-AR-14141, Italian-American Club CPUD
August 11, 2009 Page 3 of 7
Agenda Item No, 17F
September 15, 2009
Page 4 of 80
LEGAL CONSIDERATIONS:
This is a site specific rezone from the Rural Agriculture (A) zoning district to the Commercial
Planned Unit Development (CPUD) zoning district. Site specific rezones are quasi-judicial in
nature and require ex parte disclosures. As such the burden falls upon the applicant to prove that
the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to
the BCC, should it consider denying the rezone, to detennine that such denial would not be
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
proposal does not meet one or more of the listed criteria below.
Criteria for CPUD Rezones
Ask yourself the folloVting 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 CPUD with the goals, objectives and policies
of the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with CPUD regulations, or as to desirable modifications of
such regulations in the particular case, based on detennination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
PUDZ-2008-AR-14141, Italian-American Club CPUD
August 11, 2009 Page 4 of 7
Agenda Item No, 17F
September 15, 2009
Page 5 of 80
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed CPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested CPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to
an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used In
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24.
Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
ofpotential uses under the proposed zoning classification.
PUDZ-2008-AR-14141, Italian-American Club CPUD
August 11, 2009 Page 5 of 7
Agenda Item No. 17F
September 15, 2009
Page 6 of 80
25. Consider: The impact of development resulting from the proposed CPUD rezone on
the availability of adequate public facilities and senJices 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, article II], as amended.
26. Are there other factors, standards, or criteria relating to the CPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the ora] testimony presented at the
BCC hearing as these items relate to these criteria.
This item is legally sufficient for Board action. A supermajority vote of the Board is necessary
for Board action. - HF AC
RECOMMENDA TION:
Staff recommends that the BCC approve PUDZ-2008-AR-14141, subject to the conditions of
approval recommended by staff and the CCPC, which have been incorporated into the attached
CPUD ordinance. Staff also recommends approval of the applicant's three requested deviations:
Deviation 1, which seeks relief for Tract A from a minimum of one parking space per 100
square feet for private clubs (or one space per every three seats set up at any given time,
whichever is greater). The applicant proposes to allow the less stringent parking calculation
method to prevail in the CPUD so that only 83 parking spaces are required for Tract A
instead of the 200 spaces that are nonnally compulsory for a private social club of 20,000
square feet. The applicant's justification is that users will be able to park on Tract B since the
hours that the club would be in use would differ from those of the commercial uses on Tract
B. Because the applicant has a!:,'Teed to conditions of approval limiting the hours of operation
on the private club so that they do not overlap with the permitted professional and office uses
on Tract B, staff supports this deviation (see Exhibit G, "Conditions of Approval").
-
Deviation 2 seeks relief from LDC Subsection 4.05.04.D, which permits projects providing
parking lots in excess of 200 spaces to provide 15 percent of the required spaces in grass
along the outlying perimeter of the parking ]ot even though there are only 101 spaces
proposed for Tract A. The applicant seeks to temporarily allow parking in grassed areas on
vacant Tract B in the event that the proposed club on Tract A develops prior to the
commercia] and professional office uses on Tract B. The applicant's justification is that the
Italian-American Club has historically been using the existing stabilized bTfass lot to its west
for parking without issue, and this tradition would be can;ed on only for special events and
until the time that Tract B develops (at which time its patrons would use the paved lots on
Tract B). Because the existing club on the site has been utilizing the vacant lot to its west as
grassed parking for special events for years without complaint, staff supports this deviation
with the condition that the grassed parking spaces be located along the perimeter of Tract B
PUDZ-2008-AR-I414I, Italian-American Club CPUD
August 11, 2009 Page 6 of 7
Agenda Item No. 17F
September 15, 2009
Page 7 of 80
and compacted, stabilized, well-drained and surfaced with a durable grass cover. In addition,
all driveways, access aisles and handicap spaces shall be paved.
Deviation 3 seeks relief from LDC Subsection 5.04.05.A.l, Temporary Events, which allows
non-renewable permits of up to 14 days' duration for special promotional sales or other
similar uses, such that during any calendar year, the sum total of all permits for such events
on the site does not exceed 28 days. The applicant proposes to permit special events on the
site up to eight times a year and up to five days' duration, for a total of 40 days during any
calendar year. The applicant's justification is that such special events would only be
permitted on weekends, legal holidays and after 6:00 pm weekdays. Because the LDC
pennits up to an additional 28 days beyond the nonnal 28 day limit when appropriate
stipulations or additional constraints have been made and approved by the BCC (subject to
stipulations or additional constraints deemed necessary and appropIiate), staff is comfortable
supporting this deviation with conditions of approval that would mitigate potential noise or
traffic impacts on adjacent communities. Although the applicant would already be required to
provide a six-foot fence or wall between the subject property and the Carlisle at Naples
senior community to the west, they have also agreed to a condition of approval by staff
limiting the nighttime hours of special events to 11 p.m. To ensure that there are no traffic
impacts caused by special events that might occur during the weekday afternoon rush hour
period, the hours of operation for special events would also be limited to after 6 p,m. on
weekdays, and on weekends and legal holidays only. As such, staff is recommending
approval of this deviation.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning & Land Development Review
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PUDZ-2008-AR-14I4I, Italian-American Club CPUD
August 11, 2009 Page 7 of 7
Item Number:
Item Summary:
Meeting Date:
I at;1:' I VI L.
Agenda Item No, 17F
September 15, 2009
Page 8 of 80
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17F
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: PUDZ-2009-AR-14141 The Naples Italian-American Club,
Inc. represented by Robert Duane, AICP, of Hole Montes, Inc and Richard Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich & Koester PA, is requesting a Rezone from the
Agriculture (A) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning
District to allow up to 20,000 square feet of civic, social or fraternal organizations and 34,000
square feet of commercial and professional office uses. The approximately 5.0-acre subject
property is located at 7035 Airport Pulling Road, Section 2, Township 49 South, Range 25
East, Collier County, Florida. CTS
9/15120099:00:00 AM
Prepared By
John-David Moss
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development
8126120091:19:51 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
8126120094:52 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Commun ity Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
8127/2009 2:28 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
8131/2009 2:36 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
9/2/2009 9:52 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
912/2009 11 :26 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Deputy County Manager
Date
County Manager's Office
912/2009 7 :02 PM
rage; L.. U.L L..
Agenda Item No, 17F
September 15. 2009
Page 9 of 80
Commissioners
Approved By
Heidi F, Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
91412009 10:06 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
914120093:52 PM
AJl,;~~tij~17F
~epTem6eV'1 b, '2009
Page 10 of 80
Co~r County
'-~ -
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: AUGUST 20,2009
SUBJECT:
PUDZ-2009-AR-14141: THE ITALIAN-AMERICAN CLUB COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD)
PROPERTY OWNER/AGENT:
OWNER:
Naples Italian-American Club, Inc.
7035 Airport Road North
Naples, FL 34109
AGENTS:
Robert L. Duane, AICP
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Richard D. Yovanovich, Esq.
Coleman, Yovanovich and Koester, P.A.
4001 Tamiami Trail North
Naples, FL 34103
REQUESTED ACTION:
The applicant requests that the Collier County Planning Conunission (CCPC) consider a rezone of
the subject property from the Rural Agriculture (A) zoning district to the Commercial Planned
Unit Development (CPUD) zoning' district for a project to be known as the Italian-American Club
CPUD, which would allow civic, social or fraternal organizations and commercial and professional
office uses.
GEOGRAPHIC LOCATION:
The approximately S.O-acre subject property is located at 7035 Airport Road (CR 31), which
occupies the southwest corner of the Airport Road and Orange Blossom Drive intersection, in
Section 2, Township 49 South, Range 25 East of Collier County, Florida (see location map on the
following page).
PUDZ-2009-AR-14141, Italian-American Club CPUD
July 25,2009
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Agenda Item No. 17F
September 15, 2009
Page 12 of 80
PURPOSEIDESCRIPTION OF PROJECT:
Land Development Code (LDC) Section 2.03.06.C.3, Commercial Planned Unit Development
District, provides for CPUDs that include the entire range of uses permitted in the General
Commercial (C-I) through the Heavy Commercial (C-5) zoning districts. The proposed CPUD, if
approved, would allow for 34,000 square feet of commercial and professional office uses
consistent with the C-I zoning district; and up to 20,000 square feet of civic, social or fraternal
organizations, which are permitted as a Conditional Use in the C-I zoning district and by right in
the C-2 (Commercial Convenience) zoning district. The proposed zoned height for the CPUD
would be three stories and a maximum 40 feet for principal structures, with actual height,
including appurtenances, not to exceed 45 feet.
As depicted on the conceptual Master Plan on the preceding page, entitled "CPUD Master Plan,"
prepared by Hole Montes and dated August 2008, as revised through March 2009, the project
would be split into Tracts A and B: the former (on the western half of the property) pennitting
civic, social or fraternal organizations and the latter (adjacent to Airport Road) allowing
commercial and professional office uses, as well as the continued use of an existing
communications tower. Access to the property for vehicles would be available only from Orange
Blossom Drive within the Tract A portion of the site; with pedestrian access possible from one
point on Airport Road, two points along Orange Blossom Drive, and one interconnection point
with the Carlisle at Naples senior community to the west. Two stub-outs on Tract A for future
vehicular access with the undeveloped property to the south are also shown. Parking would be
provided in surface lots surrounding the proposed buildings. Finally, storm water would be held in
AERIAL VIEW OF SUBJECT PROPERTY
P UDZ-2009-AR-l 4141, Italian-American Club CPUD 2
July 25, 2009
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Agenda Item No. 17F
September 15, 2009
Page 14 of 80
a dry retention area along the southern boundary of Tract B. Total open space would comprise 35
percent of the site's area, which is five percent over the minimum requirement of the LDC.
SURROUNDING LAND USE AND ZONING:
North:
Collier County Public Library and the North Collier Government Services Center,
zoned A with Conditional Use approval for County facilities (Resolution No. 03-175).
Vacant land, zoned Longview Center CPUD.
Vacant land, zoned A.
The Carlisle at Naples senior conununity, zoned A with Conditional Use approval for a
group housing facility (Resolution No. 96-405).
East:
South:
West:
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject propelty is currently home to the Italian American Club and lies within the Future
Land Use Element's (FLUE) Urban Conunercial District, Orange Blossom/Airport Crossroads
Conunercial Subdistrict. As such, it is eligible for financial institutions, schools, professional,
medical and general offices, personal and business services and clubhouse facilities, as allowed in
the C-I zoning district either by right or by Conditional Use. The Orange Blossom/Airport
Crossroads Commercial Subdistrict is comprised of two parcels, identified in the FLUE provisions
as Parcell (the subject property) and Parcel 2 (the 5.0 acres which abut the subject property to the
south). Development standards apply throughout the Subdistrict, as do criteria specific to each
Parcel. The subject portion of the SubdistTict does not allow mixed-use residential and commercial.
The FLUE provisions for the Subdistrict are given below, with staff's analysis following each
provision in bold.
Orange Blossom/Airport Crossroads Commercial Subdistrict:
This Subdistrict consists of two parcels comprising approximately 10 acres located on the
soutlnvest corner of the intersection of Orange Blossom Drive and Airport Road This Subdistrict
allows for existing institutional uses, such as the Italian-American Club clubhouse or another
social or fi'aternal organization, future institutional uses for a school, and limited commercial,
professional and general offices, and similar uses to serve the nearby community, along with
senior housing in the form of an assisted living facility, continuing care retirement center, or other
similar housing for the elderly.
Development intensity for this subdistrict shall be limited to a maximum of 74,000 square feet of
gross leasable area for financial institutions, schools, professional, medical and general offices,
adult and child day care, personal and business services, and a maximum of 20, 000 squarefeet.for
the clubhouse facility, all of which uses are allowed by right or by conditional use in the C-l
Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04-41,
as amended Uses will be further evaluated at the time of rezoning of each parcel to ensure
compatibility with surrounding properties, Any senior housing facility is not su~ject to this square
footage limitation but is subject to equivalency limitations specific to Parcel 2, and must meet all
other provisions in the Collier County Land Development Code, Ordinance No. 04-41, in effect as
PUDZ-2009-AR-14141, Italian-American Club CPUD 3
July 25,2009
Agenda Item No. 17F
September 15, 2009
Page 15 of 80
of the effective date of this amendment, The development of this subdistrict shall be governed by
the following criteria:
a. Rezones are encouraged to be in the form of a Planned Unit Development and must
contain development standards to ensure that all uses will be compatible with
neighboring residential and institutional uses,
This rezone is proposed as a CPUD. Compatibility with the surrounding land uses
and the adequacy of proposed development standards have been reviewed in detail
by Zoning and Land Development Review staff as described in the Analysis portion
of this staff report.
b. Orange Blossom Drive - Airport Road intersection improvements shall be designed to be
sufficient to accommodate project traffic and overall levels of service issues. The
improvement plans must be approved prior to any development order approval. This
approval process must involve the public through an advertised public meeting, and the
approved plans shall be advertised for construction through the County j' open bidding
process, Construction per the approved Orange Blossom Drive - Airport Road
intersection improvements plan must commence prior to the issuance of a building permit
for improvements on a parcel and be completed prior to the issuance of any certificate of
occupancy.
An Intersection Improvement Plan has been submitted and approved by the
Transportation Planning Division consistent with this subdistrict provision, and has
also been addressed in item no. 1, Section I, of Exhibit F, "Development
Commitments Specific to the Project."
c. Parcell
This approximately 5-acre parcel is located on the southwest corner of the intersection of
Orange Blossom Drive and Ailport Road. This parcel is limited to a maximum of 34,000
square feet of gross leasable area for financial institutions, schools, professional, medical
and general offices, and personal and business services, in addition to a maximum of
20,000 square feet for the clubhouse facility. Parcel 1 is governed by the additional,
following requirements:
i. Pedestrian interconnection to access Parcel 2 and property immediately to the west
must be pursued by the property owner, and incOlporated into the overall site design.
As depicted on the CPUD Master Plan, the development has been designed with
two pedestrian access points connecting the project and Parcel 2 to the south and
two connecting the project and property immediately to the west. The
application materials do not include correspondence documenting any
arrangements with these neighbors for the location, construction or maintenance
PUDZ-2009-AR-/414/, Italian-American Club CPUD 4
July 25,2009
Agenda Item No. 17F
September 15, 2009
Page 16 of 80
of these interconnections. However, the applicant has committed to fulfilling this
requirement at the time of SDP review and approval in item no. 3, Section I of
Exhibit F, "Development Commitments Specific to the Project."
ii. Vehicular interconnection with Parcel 2 is required, particularly to provide
southbound traffic direct egress onto Airport Road. Vehicular use areas, buildings
and structures, landscape buffering and open space, and other uses shall be designed
in such a manner that does not impede or interfere with access to or from the
adjacent parcel to the south.
As noted above, this provision has been addressed in Section I, item no. 3 of
Exhibit F.
iii. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be
removed or permanently closed-off by the property owner prior to the issuance of a
certificate of occupancy for any further development or redevelopment of the site,
This provision has been addressed in Section I, item no. 4 of Exhibit F.
iv. Development within Parcel 1 shall have common site, signage and building
architectural elements, including on-site signs directing motorists toward southbound
egress through Parcel 2 onto Airport Road
This provision has been addressed in Section III, item no. 1 of Exhibit F. It
should also be noted that this project will be subject to architectural review,
pursuant to LDC 5.05.08, Architectural and Site Design Standards, at the time of
SDP review and approval.
v. The clubhouse facility shall be excepted from the requirements of subsection "b"
above if it can be demonstrated that the transportation impacts of the facility do not
require the initiatio1;l or construction of Orange Blossom Drive - Airport Road
intersection improvements.
The pertinent portion of subsection ~~b" reads, "The improvement plans Uor the
Orange Blossom Drive - Ai/port Road intersection} must be approved prior to any
development order approval. This approval process must involve the public through
an advertised public meeting, and the approved plans shall be advertised for
construction through the County 3' open bidding process. Construction per the
approved Orange Blossom Drive - Airport Road intersection improvements plan
must commence prior to the issuance of a building permit for improvements on a
parcel and be completed prior to the issuance of any certificate of occupancy. "
Improvement plans for the intersection are underway.
FLUE Policy 5.4 requires new land uses. to be compatible with and complementary to the
surrounding land uses as set forth in the LDC. The compatibility analysis is described in detail in
the Analysis portion of this report, beginning on page seven.
PUDZ-2009-AR-14141, Italian-American Club CPUD 5
July 25, 2009
Agenda Item No. 17F
September 15, 2009
Page 17 of 80
Policies 7.1 through 7.7 under Objective 7 of the Future Land Use Element (FLUE) were approved
on October 26, 2004. This Objective and its policies incorporate certain "Smart Gro'Wth"
provisions into the FLUE. This process was one of Collier County's earliest opportunities to apply
more of the practices found in the Toward Better Places - The Community Character Plan for
Collier County, Florida. The Community Character Plan provides the County with a policy
document featuring the most useful aspects of traditional neighborhood design (TND), Smart
Gro'Wth, traffic calming, new urbanism and other contemporary planning practices. In reviewing
for compliance with FLUE Objective 7 and its associated policies, staff provides (in bold font) the
following analysis:
Policy 7.1
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code.
Policy 7.1 is currently addressed in item no. 3 of Exhibit F. The conceptual CPUD Master
Plan indicates one access connecting the subject property with Orange Blossom Drive to the
north, a collector road which provides indirect access to Airport Road, classified as a
principal arterial roadway. No access directly onto Airport Road is proposed.
FLUE Policy 7,2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals,
The CPUD Master Plan shows two tracts with two internal drives connecting them. Due to
the project size, type and anticipated development, an actual loop road is not feasible. The
proposed design allows these internal drives to function as a "loop road" within the subject
property and attain compliance.
FLUE Policy 7,]
All new and existing developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land use
type.
As previously noted, this requirement has been addressed in Policy item no. 3 of Exhibit F.
FLUE Policy 7. 4
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 I;-pes.
Conceptual design plans for this half of the Orange Blossom/Airport Crossroads Commercial
Subdistrict illustrate pedestrian friendly interconnection to both the west and south. Since no
deviation is requested, sidewalks will be provided in accordance with requirements of the
Land Development Code.
PUDZ-2009-AR-14141, Italian-American Club CPUD 6
July 25,2009
Agenda Item No, 17F
September 15, 2009
Page 18 of 80
FLUE Policy 7.5
The County shall encourage commercial development within the same buildings by allowing
residential dwelling units over and/or adjacent to commercial developmen[~ This policy shall be
implemented through provisions in specific subdistricts.
Proposed as a CPUD, there are no residential densities or multi-use buildings proposed for
Parcell.
Transportation Element:
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has
determined that the adjacent roadway network will have sufficient capacity to accommodate this
project within the 5 year planning period to accommodate the expansion of the fraternal
organization. This first phase of the project (up to 20,000 square feet of Fraternal Organization)
can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth
Management Plan.
The remaining proposed additional square footage, outlined as a combination of medical office,
general office, and drive-in bank, can be considered consistent with the Transportation Element of
the GMP, subject to the developer commitments in Exhibit F. Therefore, the subject application
can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP.
Orange Blossom Drive Impacts:
The first concurrency link that is impacted by this project is lin1e 142, Orange Blossom Drive from
Goodlette Road to Airport Road. The total project generates 49 PM peak hour, peak direction trips,
which represents a significant 5.76 percent impact on Orange Blossom Drive. This segment of
Orange Blossom Drive currently has a remaining capacity of 182 trips, and is currently at LOS ttC"
as reflected by the adopted 2008 AUIR.
No subsequent link of Orange Blossom Drive is significantly impacted.
Airport Road Impacts:
The subsequent links of Airport Road, Segments 2.1 from Vanderbilt Beach Road to Orange
Blossom Drive and 2.2 from Orange Blossom Drive to Pine Ridge, are impacted at 0.50 percent
and 0.98 percent, respectively. Segment 2.1 has a remaining capacity of 1,734 trips, and Segment
2.2 has a remaining capacity of 1,632 trips. Both are at LOS "c" as reflected by the adopted 2008
AUIR. No significant or adverse impacts are identified by this project on either segment of Airport
Road.
As noted in commitment 1.1 in Exhibit F, the developer must pay his proportionate share payment
for intersection improvements at Orange Blossom Drive and AirpOlt Road; and limitations on
phasing have also been committed to, which require a 20,000 square-foot limitation on the social
organization use and completion of the adjacent intersection improvements prior to the
commencement of Phase 2. As required by the FLUE for this Subdistrict, an Intersection
Improvement Plan has also been submitted and approved by the Transportation Planning Division.
PUDZ-2009-AR-14141, Italian-American Club CPUD 7
July 25,2009
Agenda Item No, 17F
September 15, 2009
Page 19 of 80
GMP Conclusion:
Based upon the above analysis, staff concludes the proposed CPUD rezone may be deemed
consistent with the Future Land Use Element, subject to the development commitments contained
in Exhibit F.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in LDC Subsection 10.02,13.B.5,
Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and
Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (referred to as
"Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The
CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use
the criteria to support their action on the rezoning request. An evaluation relative to these
subsections is discussed below, under the heading "Zoning and Land Development Review
Analysis." In addition, staff offers the following analyses:
Environmental Analysis: All environmental issues have been addressed. The applicant was not
required to submit an Environment Impact Statement (EIS) for this project nor was a hearing
before the Environmental Advisory Council required because the site had been previously cleared.
Transportation Analysis: Transportation Planning staff has reviewed the application to assess the
proposal's potential impact on rights-of-way and access, and the provision of pedestrian interparcel
connections and pedestrian accesses to the property to the west. Subject to the development
commitments contained in Exhibit F, Transportation Planning staff recommends approval of the
proposed CPUD.
Utility Review: The Utilities Department has reviewed the application and has noted that the
proposed CPUD, per the 2008 Water and Wastewater Master Plan Update, is located within the
Collier County Water and Sewer District. There is an existing 12-inch water main and 24-inch
force main on Orange Blossom Drive. There is also an existing 16-inch water main and 20-inch
force main on Airport Road.
Emergency Mana€!ement: The Emergency Management Department staff has no objection to the
proposed CPUD, as it does not propose residential development.
Zoning Review: According to LDC Subsection 2.03.06.C,3, the Commercial Planned Unit
Development (CPUD) zoning district is construed to include the entire range of uses permitted in
the General Commercial (C-I) through Heavy Commercial (C-5) zoning districts. However, LDC
Subsection 10.02,13 .B.5 states that, "In support of its recommendation, the Planning Commission
shall make findings as to the PUD Master Plan's compliance with the following criteria":
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities,
PUDZ-2009-AR-14l41, Italian-American Club CPUD 8
July 25, 2009
Agenda Item No, 17F
September 15, 2009
Page 20 of 80
The GMP designates the property as the Orange Blossom/Airport Crossroads
Commercial Subdistrict, which specifically allows for the office and civic uses
proposed in the CPUD. These uses, as determined at the time of the recent
Comprehensive Plan amendment, would be suitable for the area because of the site's
location at the intersection of Orange Blossom Drive, an urban minor collector road,
and Airport Road, a principal arterial. As noted in Section 1.1 of Exhibit F, the owner
of the subject property has committed to paying the project's fair share of
improvements to the Orange Blossom Drive and Airport Road intersection in order to
ensure that transportation facilities would be adequate to serve the proposed
development. As already noted, the property has adequate access to sewer and water
and other utilities. Therefore, the site is physically suitable for the proposed
development.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or p1'Ovisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense.
Documents submitted with the application, which were reviewed by the County
Attorney's Office, demonstrate unified control of the property. Additionally, the
CPUD document makes appropriate stipulations for the provision of necessary
infrastructure.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Based upon the requirements of the Orange Blossom/Air-port Crossroads Commercial
Subdistrict and Comprehensive Planning staff's analysis, the proposed rezone may be
deemed consistent with the Future Land Use Element.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
As depicted on the CPUD Master Plan included at the beginning of this report (and in
Exhibit C to the CPUD document), the proposed uses would be separated from the
County facilities to the north and the undeveloped Longview Center PUD to the east by
a IS-foot wide Type D buffer. To the west, adjacent to the Carlisle at Naples senior
community, a standard IS-foot Type D buffer would be provided. Abutting the vacant
agricultural land to the south, and separating Tract A and B (wherever they should
ultimately be divided), a IO-foot wide Type A buffer would be required. All of these
proposed buffers are consistent with the requirements of the LDC.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
PUDZ-2009-AR-14141, Italian-American Club CPUD 9
July 25,2009
Agenda Item No, 17F
September 15, 2009
Page 21 of 80
According to the Master Plan, 35 percent of the site's total area remaining after the
requested dedication of right-of-way would be retained as open space. This figure
exceeds the minimum 30 percent requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private,
As noted in the transportation-related Developer Commitments of Exhibit F, the
developer would be required to complete the construction of an intersection
improvement plan approved by the Transportation Planning Department, prior to the
issuance of any certificate of occupancy for permitted uses other than the civic, social or
fraternal organization. In addition, at the time of the issuance of the first building
permit, the CPUD would be required to pay its "fair share" of improvements to the
Orange Blossom Drive and Airport Road intersection, as mitigation for the project's
impacts. Therefore, the timing of development would not be an issue if the proposed
rezoning were approved.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
As determined at the recent GMP adoption of the Orange Blossom/Airport Crossroads
Commercial Subdistrict, the subject property is suited for the proposed development.
Furthermore, Transportation Planning staff has determined that the proposed rezoning
is consistent with the Transportation Element requirements of the GMP. Therefore,
subject to the developer commitments made by the applicant, the subject property and
the surrounding areas would have the ability to support the proposal.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
The project's development standards are contained in Exhibit B of the CPUD
document. Although LDC Section 2.03.06.C.3 permits CPUDs to include the entire
range of uses permitted in the General Commercial (C-l) through the Heavy
Commercial (C-S) zoning districts, the provisions of the Orange Blossom/Airport
Crossroads Commercial Subdistrict restrict uses to only those that are allowed by right
or by Conditional Use in the C-l zoning district. As such, the C-l zoning distl'ict has
been used as a benchmark to evaluate the proposed development standards against the
standards of the most similar conventional zoning district.
As illustrated in the table on the following page, maximum zoned building height for
principal structures would be five feet higher than that permitted by the C-l zoning
district. However, to compensate for this greater height, the applicant has proposed to
increase the CPUD's minimum side yard setbacks by ten feet over the IS-foot standard
of the C-l zoning district. This would ensure that appropriate setbacks from the
Carlisle at Naples, the only nearby residences, would be maintained and compatibility
insured.
PUDZ-2009-AR-J4J41, italian-American Club CPUD 10
July 25,2009
Agenda Item No, 17F
September 15, 2009
Page 22 of 80
Proposed Development Standardsfor Principal Structures vs. C-I Standards of LDC
n/a
25 feet
25 feet
25 feet
50% of building hei ht
3 stories and
40 feet (zoned)
45 feet (actual)
As illustrated in the following table, accessory structures would require either 10 or 15-
foot minimum yard setbacks, depending on their location. Minimum distances between
accessory structures would be ten feet. The maximum permitted height would be 25
(zoned) feet. These standards, as shown below, are consistent with those required by the
LDC.
Proposed Development Standards for Accessory Structures vs. Standards of LDC
15 feet
1 0 feet
1 0 feet
1 0 feet
25 feet (zoned)
30 (actual)
1 0 feet
LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners ...shall
show that the planning commission has studied and considered proposed change in relation to
the following when applicable" (Staffs responses to these criteria are provided in bold font):
1. Whether the proposed change will be consistent with the goals, objectives, & policies of the
Future Land Use Map and the elements of the Growth Management Plan.
PUDZ-2009-AR-14141, Italian-American Club CPUD J 1
July 25, 2009
Agenda Item No. 17F
September 15, 2009
Page 23 of 80
As noted on page seven of this report, Comprehensive Planning staff has found this
petition to be consistent with the Future Land Use Map (FLUM) and the applicable
provisions of the GMP. The property is designated Orange Blossom/Airport
Crossroads Commercial Subdistrict, which allows for social or fraternal organizations,
limited commercial, and professional and general offices and similar uses that are
allowed by right or by Conditional Use in the C-l zoning district of the LDC. The
CPUD also meets the specific criteria of Parcell, relative to access, interparcel
connectivity with adjacent uses, and common site, signage and building architectural
elements (see Section III, 1 of Exhibit F).
2. The existing land use pattern;
The subject site is bordered by Collier County Public Library and the North Collier
Government Services Center to the north, the Carlisle at Naples senior community to
the west, an approved but undeveloped commercial PUD to the east, and vacant
agricultural land ripe for development to the south. As such, the proposed use would
be appropriate for its location in light of the existing land use pattern.
3. The possible creation of an isolated district unrelated to acijacent and nearby districts;
Approval of this CPUD would not create an isolated district as the subject site would
be infill development surrounded by complementary uses. Furthermore, the proposed
use is cited as an intended use in the Orange Blossom/Airport Crossroads Commercial
Subdistrict of the GMP, in which the project is located.
4. Whether existing district boundaries are illogically dravm in relation to existing conditions
on the property proposed for change,
The aerial photograph on page two of this report highlights the boundary of the
subject property and demonstrates that it is logically drawn.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary,
Due to changed conditions in the area, the proposed CPUD would rezone the two last
remaining parcels on Orange Blossom Drive east of Airport Road that are zoned Rural
Agricultural (A). (Although two other A-zoned parcels would remain, they are already
developed with Conditional Uses for the Collier County Public Library, the North
Collier Government Services Center and the Carlisle at Naples senior community). As
such, the property is ready for development compatible with these uses, such as the
proposed CPUD.
6, Whether the proposed change will adversely influence living conditions in the neighborhood;
The proposed CPUD would not adversely affect the living conditions in the
neighborhood. With respect to increased traffic, the developer would be required to
PUDZ-2009-AR-/4141. Italian-American Club CPUD 12
July 25, 2009
Agenda Item No, 17F
September 15, 2009
Page 24 of 80
pay road impact fees and his fair-share of improvements to the Orange Blossom Drive
and Airport Road intersection to mitigate for the project's impacts. Furthermore,
development of the project would have to be in compliance with applicable
concurrency management regulations at the time development approvals were sought.
The proposed use would also be compatible with the existing uses in the surrounding
neighborhood, and with the setbacks and landscape buffers, compatibility would be
achieved.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
As previously noted, the developer would be required to complete construction of an
intersection improvement plan prior to the issuance of any certificate of occupancy for
permitted uses. In addition, the CPUD would be required to pay its fair share of
improvements to the Orange Blossom Drive and Airport Road intersection as
mitigation for the project's impacts. Therefore, with the transportation-related
developer commitment contained in Exhibit F to the CPUD document, Transportation
Planning staff has determined that the project would not create any adverse traffic
impacts, in conformance with Policy 5.1 of the Transportation Element of the GMP.
8. Whether the proposed change will create a drainage problem;
The proposed change would not create drainage or surface water problems since the
Master Plan provides for sufficient storm water management.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
The proposed CPUD would not seriously impact light and air on adjacent properties
since adequate setbacks for the proposed principal structures have been provided.
IO. W1zether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon a variety of circumstances that are
external to the subject property. Property \'aluation is affected by a host of factors
other than zoning; and zoning in and of itself mayor may not affect values since value
determination is primarily driven by the market.
II. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Based on the existing non-residential land use pattern predominating at the
intersection of Orange Blossom Drive and Airport Pulling Road, the proposal would
not adversely affect or deter development of adjacent property. Furthermore,
PUDZ-2009-AR-14141, Italian-American Club CPUD 13
July 25,2009
Agenda ltem No. 17F
September 15. 2009
Page 25 of 80
provisions have been made to share access with the property to the south, which is the
only other undeveloped property adjacent to the subject property.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
As previously stated, the proposed CPUD complies with the Orange Blossom/Airport
Crossroads Commercial Subdistrict designation of the GMP, and with the developer's
commitments contained in Exhibit F, would also be consistent with the applicable
regulations of the LDC. Furthermore, land use applications are subject to a public
hearing process to insure that they do not constitute a grant of special privilege and to
ensure that they are compatible with other properties in the vicinity. Therefore, the
public's welfare would not be in jeopardy.
13, Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The property should not be used in accordance with its existing Rural Agricultural
zoning since it is in the Urban-designated area of the FLUE and is surrounded by
community facilities, senior housing and other commercial PUDs. Agricultural uses in
this area are no longer appropriate.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The maximum height permitted by the adjacent zoning districts is 35 feet, and
Longview Center CPUD, across Airport Road, has a maximum permitted height of 40
feet. Although the proposed CPUD's maximum zoned height of 40 feet is five feet
higher than the Carlisle at Naples senior community, the only nearby residences, the
side yard setbacks for the project have been increased by ten feet over the 15-foot
standal'd of the C-l zoning district to compensate for it. Therefore, compatibility with
this existing project would be maintained.
1. lif'hether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use,
There are potentially other sites already zoned to accommodate the proposed
development; however this is not the determining factor when evaluating the
appropriateness of a rezoning decision. The proposed CPUD was reviewed and deemed
compliant with the GMP and the provisions of the LDC, subject to approval of the
requested deviations.
16, The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
PUDZ-2009-AR-/4/4/, [talian-American Club CPUD 14
July 25,2009
Agenda Item No, 17F
September 15, 2009
Page 26 of 80
Any development would require some site alteration. The existing Italian-American
Club would have to be demolished since, if the CPUD is approved, the building would
have to be relocated to the opposite side of the site, on Tract A. However, Tract B
would require only limited alteration to execute the proposed development plan since it
has previously been cleared.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County Adequate Public Facilities
Ordinance, as amended
As noted, the proposed CPUD petition has been reviewed by the Transportation
Planning Department and the Utilities Department, both of which have recommended
approval of the project, finding that it would not have an adverse impact on the levels
of service for public facilities.
Deviations:
In Exhibit E of the CPUD document, the applicant requests approval of three deviation from the
requirements of the LDC and has provided justifications to support them. Staffhas reviewed these
requests and offers the following analysis and recommendation:
Deviation 1 seeks relief for Tract A from LDC Subsection 4.05.04.G, Table 17, Parking
Space Requirements, which requires a minimum of one parking space per 100 square feet
for private clubs; or one space per every three seats set up at any given time, whichever is
greater.
Proposal: The applicant proposes to allow the less stringent parking calculation method
to prevail in the CPUD so that only 83 parking spaces are required for Tract A instead of
the 200 spaces that are normally compulsory for a private social club of 20,000 square
feet. The applicant's justification is that users will be able to park on Tract B since the
hours that the club would be in use would differ from those of the commercial uses on
Tract B.
Staff's Determination: The applicant is required to provide 200 parking spaces on Tract
A (20,000 square feet/lOO square feet X one space = 200) since this method of
calculation's result is greater than the alternate method's (250 seats/3 seats X one space =
83 parking spaces). However, only 101 spaces are proposed for Tract A, and the total
number of spaces proposed for the entire site (i.e. both Tract A and Tract B) is 218
spaces. Because the applicant has agreed to conditions of approval limiting the hours of
operation on the private club so that they do not overlap with the permitted professional
and office uses on Tract B, staff supports this deviation (see Exhibit G, "Conditions of
Approval").
Deviation 2 seeks relief from LDC Subsection 4.05.04,D, Parking Space Requirements,
which permits projects providing parking lots in excess of 200 spaces to provide 15
percent of the required spaces in grass along the outlying perimeter of the parking lot.
PUDZ-2009-AR-14141, Italian-American Club CPUD 15
July 25,2009
Agenda Item No, 17F
September 15, 2009
Page 27 of 80
Proposal: In the event that the proposed club on Tract A develops prior to the
commercial and professional office uses on Tract B, the applicant seeks to temporarily
allow parking in grassed areas on vacant Tract B even though there are only 101 spaces
proposed for Tract A. The applicant's justification is that the Italian-American Club has
historically been using the existing stabilized grass lot to its west for parking without
issue, and this tradition would be carried on only for special events and until the time that
Tract B develops (at which time its patrons would use the paved lots on Tract B).
Staff's Determination: As noted, the existing club on the site has been utilizing the
vacant lot to its west as grassed parking for special event for years without complaint;
and if this deviation were approved, this situation would only be permitted to continue
until such time that Tract B is developed. Therefore, staff supports this deviation with the
condition that the grassed parking spaces be located along the perimeter of Tract Band
compacted, stabilized, well-drained and surfaced with a durable grass cover. In addition,
all driveways, access aisles and handicap spaces will be paved.
Deviation 3 seeks relief from LDC Subsection 5.04.05.A.I, TemporaTY Events, which
allows non-renewable permits of up to 14 days' duration for special promotional sales or
other similar uses, such that during any calendar year, the sum total of all permits for
such events on the site does not exceed 28 days. Such permits may also be permitted for
up to an additional four weeks when approved by the BCC, subject to stipulations or
additional constraints deemed necessary and appropriate.
Proposal: The applicant proposes to permit special events on the site up to eight times a
year and up to five days' duration, for a total of 40 days during any calendar year. The
applicant's justification is that such special events would only be permitted on weekends,
legal holidays and after 6:00 pm weekdays.
Staffs Determination: Because the LDC permits up to an additional 28 days beyond the
normal 28 day limit when appropriate stipulations or additional constraints have been
made, staff is comfOliable supporting this deviation with conditions of approval that
would mitigate potential noise or traffic impacts on adjacent communities. Although the
applicant would already be required to provide a six-foot fence or wall between the
subject property and the Carlisle at Naples senior community to the west, they have also
agreed to a condition of approval by staff limiting the nighttime hours of special events to
11 p,m. To ensure that there are no traffic impacts caused by special events that might
occur during the weekday afternoon rush hour period, the hours of operation for special
events would also be limited to after six p.m. on weekdays, and on weekends and legal
holidays only. As such, staff is reconunending approval of this deviation.
NEIGHBORHOOD INFORMATION MEETING (NIM):
(Synopsis provided by Lea Derence, Planning Technician):
The meeting was duly noticed by the applicant and held on April 30, 2009 at 5:30 p.m. at the
Naples Italian-American Club. One property owner from the Emerald Lakes community attended,
as well as the applicant's team, Mr. Robert Duane, AICP, and Ms. Janice Concannon of Hole
PUDZ-2009-AR-14141, Italian-American Club CPUD 16
July 25, 2009
Agenda Item No, 17F
September 15, 2009
Page 28 of 80
Montes, Inc.; the applicant's attorney. Mr. Richard Yovanovich of Goodlette, Coleman, Johnson,
Y ovanovich & Koester; and county staff.
Mr. Duane gave an overview of the project and the one property owner in attendance voiced her
support for the project.
The meeting ended at approximately 5:40 p.m.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office has reviewed this staff report, revised on August 7,2009.
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward Petition PUDZ-2009-AR-14141 to the Board of County
Commissioners (BCC) with a recommendation of approval, subject to the following conditions:
1. Temporary grass parking spaces for users of Tract A shall be permitted on Tract B until Tract
B is developed. These temporary spaces shall be located along the perimeter of Tract B and
shall be compacted, stabilized, well-drained and surfaced with a durable grass cover. In
addition, all driveways, access aisles and handicap spaces shall be paved.
2. Parking on Tract B by patrons of the private club on Tract A shall only be permitted during
the club's special events (defined below in Condition No.4) at which time parking on Tract
B shall be permitted by patrons from 6-11 p.m. on weekdays; and on weekends and legal
holidays until 11 p.m.
3. Once Tract B is developed, parking on Tract B by users of Tract A shall be prohibited during
any of the operating hours of the uses permitted on Tract B, including weekends and
holidays.
4. "Special events" shall be limited to those events open to the general public, such as but not
limited, to fairs, celebrations, festivals and other such events that require parking on Tract B.
No special events shall be permitted on the site past 11 p.m.
5. No more than 8,500 square feet of the 34,000 square feet of gross leasable area permitted on
Tract B shall be used for medical offices.
APPENDIX:
1. Parking Exhibit
PUDZ-2009-AR-14141, Italian-American Club CPUD 17
July 25, 2009
Agenda Item No. 17F
September 15, 2009
Page 29 of 80
PREPARED BY:
,.~
J~ID MOSS, AICP, PRINCIPAL PLANNER
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
7/~?/ b;
DA E
REVIEWED BY:
V. EL OWS, ZONING MANAGER
ENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ - 3> '0,
DATE
~ ~ ,/5~
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
y- 3-09
DATE
APPROVED BY:
~fti
JOS ~ H K. SCHM r ADMINISTRATOR ' DATE
C MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the September 15, 2009 Board of County Commissioners Meeting
() y: '7")
o-fo-O
DATE
PUDZ-2009-AR-14141, Italian-American Club CPUD 18
July 25, 2009
Agenda Item No, 17F
September 15, 2009
Page 30 of 80
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-
APPLICATION FOR PUBLIC HEARING FOR:
D AMENDMENT TO PUD (PUDA) C8J PUD REZONE (PUDZ)
REZONE (PUDZ-A)
D PUD TO PUD
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
APPLICANT INFORMATION
NAME OF APPLlCANT(S) NAPLES ITAUAN AMERICAN CLUB, INC.
ADDRESS 7035 AIRPORT PULLING ROAD, NORTH CI1Y NAPLES STATE FL ZIP 34109
TELEPHONE # 597-5210 CELL # FAX #
E-MAIL ADDRESS:
NAME OF AGENT ROBERT L. DUANE, AlCP & RICHARD D. YOVANOVlCH, ESQ.
ADDRESS 950 ENCORE WAY & 4001 TAM lAM I TRAIL N., STE. 300 CITY NAPLES STATE
FL ZIP
TELEPHONE # 254-2000 CELL #
FAX # 254-2099
Application For Public Hearing For PUD Rezone OI/I8/07, rev 2/12/08, rev 7/1 1/08
E-MAIL ADDRESS:BOBDUANE@HMENG.COM
Agenda Item No, 17F
September 15, 2009
Page 31 of 80
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the
Board of County Commissioner's website at http://www.collierQov.net/lndex.aspx?paQe=774
NAME OF HOMEOWNER ASSOCIATION: WALDEN OAKS HOMEOWNERS ASSOCIATION
MAILING ADDRESS 7098 LONE OAK BLVD CITY NAPLES STATE FL ZIP 34109
NAME OF HOMEOWNER ASSOCIATION: THE VILLAGES AT EMERALD LAKES III ASSOCIATION,
INC.
MAILING ADDRESS 7760 EMERALD CIRCLE, #203 CITY NAPLES STATE FL ZIP 34109
NAME OF HOMEOWNER ASSOCIATION:
MAl LI NG ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
Application For Public Hearing For PUD Rezone OJ/18/07, rev 2il2/08, rev 7/11/08
NAME OF HOMEOWNER ASSOCIATION:
Agenda Item No, 17F
September 15, 2009
Page 32 of 80
MAILING ADDRESS
CITY
STATE
ZIP
Disclosure of Interest Information
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
Naples Italian American Club, Inc. 100%
Ray LeCatta, President 0%
Charles Lomanto, V.P.; Peter Vivonetto, 2nd V.P. 0%
Ren Morani, Treasurer 0%
Marilyn Romeo, Rec. Sec. 0%
Application For Public Hearing For PUD Rezone 01/]8/07, rev 2/]2/08, rev 7/11/08
Helen Young, Corr. Sec.
,__r-:--"'; I ~I~ ~.~ . ~ F
September 15, 20 9
Page 33 of 0
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the
trust with the percentage of interest.
Name and Address
Percentage of Ownership
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,
a Corporation, Trustee, or a Partnership, list the names of the contract
purchasers below, including the officers, stockholders, beneficiaries, or
partners.
Name and Address
Percentage of Ownership
Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/12/08, rev 7/11/08
^ ....J I.... 11.1 ... F
I..~V. i 1'1,-...1. j 1
September 15, 20C 9
Page 34 of ~ 0
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list
all individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired cgJ 4/1973 leased 0 Term of lease
yrs./mos.
If, Petitioner has option to buy, Indicate the following:
Date of option:
Date option terminates: I or
Anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase
occur subsequent to the date of application, but prior to the date of the
Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11/08
final public hearing, it is the
his behalf, to submit
a supplemental disclosure of interest form.
Agenda Item No. 17F
responsibility of the applicant,S(;rrt~nt5oW09
-P"age 35 of 80
PROPERTY LOCATION
Detailed le2al description of the propertv covered bv the application: (If space is inadequate,
attach on separate page.) If request involves change to more than one zoning district,
include separate legal description for property involved in each district. Applicant shall
submit four (4) copies of a recent survey (completed within the last six months, maximum
1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section/Township/Range 02 / 49 / 25
Lot:
Block:
Subdivision:
Plat Book 519 Page #: 983 Property I.D. #: 00237960007
Metes & Bounds Description:
Size of pro pert v: 330 ft. X 660 ft. = Total Sq. Ft.
Acres 5.00
AddresS/2enerallocation of subject propertv: 7035 Airport Pulling Road, North
PUD District (LDC 2.03.06):
D Residential D Community Facilities
~ Commercial D Industrial
ADJACENT ZONING AND LAND USE
Zoning
Land use
N A/CU
SA
E PUD
Library
Vacant
Longvlew Center PUD/Vacant
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/] 1/08
W A/CU
The Carlisle Regency
Agenda Item No. 17F
September 15, 2009
Page 36 of 80
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If
space is inadequate, attach on separate page).
Section /Township / Range
/
/
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property I.D. #:
Metes & Bounds Description:
REZONE REQUEST
This application is requesting a rezone from the A zoning district(s) to the CPUD zoning
d istrict(s).
Present Use of the Property: Fraternal organization/communication tower
Proposed Use (or range of uses) of the property: generally, C-1, commercial uses (see
Exhibit A)
Original PUD Name: N/ A Ordinance No.:
EVALUATION CRITERIA
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis
and recommendation to the Planning Commission, and the Planning Commission's
recommendation to the Board of County Commissioners shall be based upon consideration
of the applicable criteria noted below. Provide a narrative statement describing the rezone
request with specific reference to the criteria noted below. Include any backup
materials and documentation in support of the request.
PUD Rezone Considerations (LDC Section 10.02.13.B)
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11108
See attached Evaluation Criteria.
Agenda Item No. 17F
September 15, 2009
Page 37 of 80
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense. Findings and recommendations of this type shall be
made only after consultation with the county attorney.
See attached Evaluation Criteria.
3. Conformity of the proposed PUD with the goals, objectives and policies of the
growth management plan. (This is to include identifying what Sub-district, policy or
other provision allows the requested uses/density, and fully explaining/addressing
all criteria or conditions of that Sub-district, policy or other provision.)
See attached Evaluation Criteria.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
See attached Evaluation Criteria.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
See attached Evaluation Criteria.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
See attached Evaluation Criteria.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
See attached Evaluation Criteria.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications of
justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
See attached Evaluation Criteria.
Application For Public Hearing For PUD Rezone 01/18/07. rev 2/12/08, rev 7/11/08
Agenda Item No, 17F
Deed Restrictions: The County is legally precluded from enforcing deeaewmbmtll<5niQ09
h ,. h d d h '. Y . h Paqe 38 of 80
owever, many communities ave a opte suc restrictions. ou may WIS to contact
the civic or property owners association in the area for which this use is being
requested in order to ascertain whether or not the request is affected by existing deed
restrictions.
Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? [2J Yes D No
If so, what was the nature of that hearing? Growth Management Plan Amendment
OffIclallnterDretatlons or Zoning Verlflcatlons: To your knowledge, has there been an
official interpretation or zoning verification rendered on this property within the last
year? DYes [2J No
If so, please provide copies.
NOTICE:
This application will be considered "open" when the determination of "sufficiency"
has been made and the application is assigned a petition processing number. The
application will be considered "closed" when the petitioner withdraws the
application through written notice or ceases to supply necessary information to
continue processinq or otherwise actively pursue the rezoninq for a period of six
(6) months. An application deemed "closed" will not receive further processing and
an application "closed" through inactivity shall be deemed withdrawn. An
application deemed "closed" may be re-opened by submitting a new application,
repayment of all application fees and granting of a determination of "sufficiency".
Further review of the project will be subject to the then current code. (LDC Section
10.03.0S.Q.)
Application For Public Hearing For PUD Rezone OIl] 8/07, rev 2/12/08, rev 7/] 1/08
II
Application For Public Hearing For PUD Rezone 0] i] 8/07, rev 2/]2/08, rev 7!1 ]/08
^~, ----'- 1+_,. "-:9
.-\..~...... - .-Jr,.
September 15, 20
Paqe 39 of
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
Agenda Item No, 17F
September 15, 2009
Page 40 of 80
APPLICANT INFORMATION
NAME OF APPLlCANT(S) ITALIAN AMERICAN CLUB, INC.
ADDRESS 7035 AIRPORT PULLING ROAD CITY NAPLES STATE FL ZIP 34109
TELEPHONE # 597-4210 CELL # FAX #
E-MAIL ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
LEGAL OESCRI PTION
Section/Township/Range 02 / 49 / 26
Lot:
Block:
Subdivision:
Plat Book 519 Page #: 983 Property I.D. #: 00237960007
Metes & Bounds Description: see attached legal description
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
c. PACKAGE TREATMENT PLANT
(GPO capacity)
d. SEPTIC SYSTEM
o
o
o
D
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNlY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
[2J
o
o
Application For Public Hearing For pun Rezone 01118/07, rev 2/12/08, rev 7/11108
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
D
Agenda Item No, 17F
September 15, 2009
Page 41 of 80
STATEMENT OF UTlurv PROVISIONS - page 2
TOTAL POPULATION TO BE SERVED: 34,000 s.f. office/250 seats clubhouse
PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 20,790 AVERAGE DAILY 13,800
B. SEWER-PEAK 17,940 AVERAGE DAILY 13,800
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
2009/1 01 0
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a
specific statement regarding the method of affluent and sludge disposal. If
percolation ponds are to be used, then percolation data and sojl involved
shall be provided from tests prepared and certified by a professional
engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system,
written notarized statement shall be provided agreeing to dedicate to Collier
County Utilities the water distribution and sewage collection facilities within
the project area upon completion of the construction of these facilities in
accordance with all applicable County ordinances in effect at the at time.
Application For Public Hearing For PUD Rezone 0\118/07, rev 2i12/08, rev 7i1 1/08
Agenda Item No, 17F
This statement shall also include an agreement that the appliQa~f:entsvs1feFW09
Page 42 of 80
development charges and connection fees will be paid to the County Utilities
Division prior to the issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the
appropriate utility easements for serving the water and sewer systems.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the
project is to receive sewer or potable water services from any provider other
than the County, a statement from that provider indicating that there is
adequate capacity to serve the project shall be provided.
Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11/08
^~;'iGC ~.(.""';.i "":. ;:F
September 15, 20( 9
Page 43 of ( 0
AFFIDAVIT
We/I, being first duly sworn, depose and say that we/I am/are
the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application,
including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest
and true to the best of our knowledge and belief. We/I understand that the
information requested on this application must be complete and accurate and that
the content of this form, whether computer generated or County printed shall not
be altered. Public hearings will not be advertised until this application is deemed
complete, and all requ ired information has been submitted.
As property owner We/I further authorize Robert L. Duane. AICP. and Richard D.
Yovanovich. Esquire to act as our/my representative in any matters regarding this
Petition.
Signature of Property Owner
Signature of Property Owner
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this _______ day of
----________, 200____, by _________________________who is personally known to me
or has produced ________________________as identification.
Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/]2/08, rev 7111108
Agenda Item No, 17F
September 15, 2009
Page 44 of 80
State of Florida
County of Collier
(Signature of Notary Public - State of
Florida)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08
COVENANT OF UNIFIED CONTROL Agenda item No. 17F
September 15, 2009
Page 45 of 80
The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property
commonly known as the Italian American Club
7035 Airport Road North. Naples. FL 34109
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for a planned unit development (CPUD) zoning, We
hereby designate Robert L. Duane, AICP, and Richard D. Yovanovich, Esquire, legal representative thereof, as the legal
representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in
the course of seeking the necessary approvals to develop, This authority includes, but is not limited to, the hiring and
authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning
approval on the site, These representatives will remain the only entity to authorize development activity on the property
until such time as a new or amended covenant of unified control is delivered to Collier County,
The undersigned recognize the following and will be guided accordingly in the pursuit of
development of the project:
1, The property will be developed and used in conformity with the approved master plan including all conditions placed
on the development and all commitments agreed to by the applicant in connection with the planned unit development
rezomng,
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in
part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in the planned unit development process will constitute a violation of the Land Development
Code,
4, All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity within
the planned unit development must be consistent with those tenns and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance,
The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development
and the County may stop ongoing construction activity until the project is brought into compliance with all terms,
conditions and safeguards of the planned unit development.
Owner
Owner
Printed Name
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
Sworn to (or affirmed) and subscribed before me this
day of
,200_ by
who is personally known to me or has produced
as identification.
Notary Public
(Name typed, printed or stamped)
(Serial Number, if any)
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/1 1108
TRAFFIC IMPACT STATEMENT (TIS)
Agenda Item No, 17F
September 15, 2009
;--c:<~<;; 4C v; 10
A TIS is required unless waived at the pre-application meeting. The TIS required
may be either a major or minor as determined at the pre-application meeting.
Please note the following with regard to TIS submittals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres
in size, although based on the intensity or unique character of a petition, a major
TIS may be required for petition of ten acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1.
Trip Generation:
(at bu ild-out)
Annual Average Daily Traffic
Peak Hou r (AADT)
Peak Season Daily Traffic
Peak Hou r (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3.
Existing Traffic:
Within RDI
AADT Volu mes
PSDT Volumes
Level of Service (LOS)
4, Impact of the proposed use on affected major thoroughfares, including any
anticipated changes in level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as
providing or eliminating an ingress/egress point, or providing turn or . ecal
lanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation
system.
Application For Public Hearing For PUD Rezone 01/18/07, rev 2112/08, rev 7/11/08
,<\genda Item No. 17F
7. For Rezones Only: State how this request is consistent with t~p~~-gfidtb~09
Page 47 of 80
policies of the Traffic Circulation Element(TCE) of the Growth Management
Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2, 7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall
also include an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Futu re Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS
The following standards shall be used in preparing a TIS for submittal in
conjunction with a conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link
within the project's Radius of Development Influence (RDI) in conformance with
the acceptable traffic engineering principles. The rates published in the latest
edition of the Institute of Transportation Engineers (ITE) Trip Generation Report
shall be used unless documentation by the petitioner or the County justifies the
use of alternative rates.
2. Trip Assiqnment: Provide a map depicting the assignment to the network, of
those trips generated by the proposed project. The assignment shall be made to
all links within the RDI. Both annual average and peak seasonal traffic should be
depicted.
3. Existinq Traffic: Provide a map depicting the current traffic conditions on all
links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links
within the RDI.
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11108
Agenda Item No, 17F
4. Level of Service (LOS): The LOS of a roadway shall be expressed in~m5>Et!lfiftt@09
PaQe 48 of 80
applicable Collier County Generalized Daily Service Volumes as set forth In the
TCE of the GMP.
5. Radius of Develooment Influence (RDD: The TIS shall cover the least of the
following two
areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the
major thoroughfares exceeds one percent of the LOS "C".
Land Use
Distance
Residential
5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
o - 49, 999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199, 999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles
from the proposed project rather than a geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all intersections
within the RDI where the sum of the peak-hour critical lane volume is projected
to exceed 1,200 Vehicles Per Hour (VPH).
7. Backqround Traffic: The effects of previously approved but undeveloped or
partially developed projects which may affect major thoroughfares within the
RDI of the proposed project shall be provided. This information shall be
depicted on a map or, alternatively, in a listing of those projects and their
respective characteristics.
App]ication For Public Hearing For PUD Rezone 01/]8/07, rev 2/12/08, rev 7/] ]/08
8.
Agenda Item No. 17F
September 15, 2009
Page 49 of 80
Future Traffic: An estimate of the effects of traditional increases in traffic
resulting from potential development shall be provided. Potential
development is that which may be developed maximally under the effective
Future Land Use Element (FLUE) and the Collier County Land Development
Code. This estimate shall be for the projected development areas within the
projects RDI. A map or list of such lands with potential traffic impact
calculations shall be provided.
4 Through Traffic: At a minimum, increases in through traffic
shall be addressed through the year 2015. The
methodology used to derive the estimates shall be
provided. It may be desirable to include any additional
documentation and backup data to support the estimation
as well.
10. Planned /Proposed Roadwav Improvements: All proposed or planned roadway
improvements located within the RDt should be identified. A description of
the funding
commitments shall also be included.
5 Proiect PhasinQ: When a project phasing schedule is
dependent upon proposed roadway improvements, a
phasing schedule may be included as part of the TIS. If
the traffic impacts of a project are mitigated through a
phasing schedule, such a phasing schedule may be made
a condition of any approval.
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/] 1108
PUD REZONE APPLICATION
SUBMITTAL REQUIREMENTS
GENERAL INSTRUCTIONS
Application information must be clearly printed or typed. All material must be
legible and completed in full. All requirements must be submitted as indicated
below, unless otherwise determined during the pre-application meeting.
GENERAL APPLICATION
To be completed in full and to include the following information.
PUD list of permitted uses
Development Standards Table
List of proposed deviations from the LDC (if any)
List of Developer Commitments
Refer to LDC Section 1 0.02.13.A.2 for required information
PRE-APPLICATION MEETING NOTES WITH THE ADDRESSING CHECKLIST FORM
Provide copies of notes taken at pre-application meeting
DIGITAL REQUIREMENTS
An electronic version of all plans and documents on CDROM as part of the
submittal package.
FEES
Required fees in accordance with current Fee Schedule. Check shall be made
payable to: Collier County Board of Commissioners.
Application Fee
~ PUD Rezone = $10,000 + $25 per acre
~ PUD to PUD Rezone = $8,000 + $25 per acre
Comprehensive Planning Consistency Review = $2,250
Application For Public Hearing For PUD Rezone 01/18/07, rev 2112/08, rev 7/11108
Legal Advertising Fees
~ BCC = $363
~ CCPC = $760
Fire Code Review = $1 50
EIS Review = $2,500
Agenda Item ~~o, 17F
September 15, 2009
Page 51 of 80
Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of
the original fee.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the
Land Development Code (LDC) , or a request for waiver if appropriate.
AERIAL PHOTO
Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and
a calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3.05.07).
BOUNDARY SURVEY
Boundary Survey, no more than six months old, abstracted, signed, sealed and
prepared by a Florida registered land surveyor, showing the location and
dimensions of all property lines, existing streets or roads, easements, rights-of-
way, and areas dedicated to the public.
HISTORICAL & ARCHAEOLOGICAL SURVEY
A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting)
PUD MASTER PLAN
Application For Public Hearing For PUD Rezone 01118.107, rev 2/12108, rev 7!ll!08
Agenda Item No. 17F
In compliance with Section 1 O.02..13.A.l of the Land Development Co~ptember 15, 2009
Page 52 of 80
OWNER/AGENT AFFIDAVIT
Affidavit signed by owner authorizing agent to act as representative. Must be
signed and notarized.
WARRANTY DEED
A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly demonstrating ownership and control of
the subject lot or parcel of land.
ARCHITECTURAL RENDERING
Architectural rendering of any proposed structures
TRAFFIC IMPACT STATEMENT (TIS)
Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be
submitted. Please refer to attached TIS standards.
UTILITY PROVISIONS STATEMENT
A copy of the Utility Provisions Statement with required attachments and sketches.
Please refer to attached form.
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
Including all Appendices and Exhibits
PERM ITS
Copies of State and/or Federal permits
STATEMENT OF COMPLIANCE
Conformity of the proposed PUD with the goals, objectives and policies of the
growth management plan. (This is to include identifying what Sub-district, policy
or other provision allows the requested uses/density, and fully
explaining/addressing all criteria or conditions of that sub-district, policy or other
provision.)
NEIGHBORHOOR INFORMATIONAL MEETING (NIM)
Required per LDC Section lO.03.0S.E. Please see attachment for requirements.
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12108, rev 7/1 1108
OTH ER
Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any
required state or federal permits.
Agenda Item No. 17F
September 15, 2009
Page 53 of 80
CONTINUANCE FEES
In accordance with Collier County Community Development and Environmental
Services Fee Schedule, when land use petitions are continued, the following fees
will apply:
Requested after petition has been advertised = $500
Requested at the meeting = $750
Additional required advertising charged in addition to continuance fees
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN
APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE
BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE
REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY.
Application For Public Heming For PUD Rezone 01/18/07, rev 2/12/08, rev 7!11!08
Agenda Item No, 17F
September 15, 2009
Page 54 of 80
NEIGHBORHOOD INFORMATIONAL MEETING
LDC Section 10.03.05.E
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial
staff review and comment on the application and before the Public Hearing is scheduled
with the Planning Commission.
Written notice of the meeting shall be sent to all property owners who are required to
receive legal notification from the County pursuant to Section 10.03.05.B.8.
Notification shall also be sent to property owners, condominium and civic associations
whose members are impacted by the proposed land use change and who have formally
requested the County to be notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeting,
must be furnished to the Zoning Department and the Office of the Board of County
Commissioners no less than ten (10) days prior to the scheduled date of the NIM.
The applicant must make arrangements for the location of the meeting. The location must
be reasonably convenient to those property owners who are required to receive notice and
the facilities must be of sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper
where legal notices and classified advertisements appear stating the purpose, location,
time of the meeting and legible site location map of the property for which the zoning
change is being requested. The display advertisement must be one-fourth page, in type
no smaller than 12 point and must be placed within a newspaper of general circulation in
the County at least seven (7) days prior to, but no sooner than five (5) days before, the
NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall
serve as the facilitator of the meeting; however, the applicant is expected to make a
presentation of how it intends to develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and
provide a copy to the Zoning Department.
Application For Public Hearing For PUD Rezone 01f18/07, rev 2/12/08, rev 7/11/08
Agenda Item No, 17F
As a result of mandated meetings with the public, any commitments made b)bltP~raPfrlr<faratl09
shall be reduced to writing and made a part of the record of the proceedings pr6Jfffe~ f6 80
the Zoning Department. These written commitments will be made a part of the staff report
of the County's review and approval bodies and made a part of the consideration for
inclusion in the conditions of approval.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its
expense shall record in the Public Records of Collier County a Memorandum of
Understanding of Developer Commitments or Notice of Developer Commitments that
contains the legal description of the property that is the subject of the land use petition
and contains each and every commitment of the owner or developer specified in
the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and
shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the
Memorandum or Notice shall be provided to the Collier County Planned Unit Development
Monitoring staff within 15 days of recording of said Memorandum or Notice.
Application For Public Hearing For PUD Rezone OJ/18/07, rev 21l2108, rev 71ll/08
PUD AMENDMENT (PUDA)
PUD REZONE (PUDZ)
PUD to PUD REZONE (PUDZ-A)
APPLICATION
SUBMllTAL CHECKLIST
i?~ ..J' . ~~::;. -; . F
September 15, 20( 9
Page 56 of ~ 0
THIS COMPLETED CHECKLIST IS TO BE SUBMllTED WITH APPLICATION PACKET IN THE EXACT ORDER
LISTED BELOW W/COVER SHEETS AlTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBllTAL5 WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRE[
STANDARD REQUIREMENTS: ,( ",.
1 Additional set if located in the Bayshore/Gateway Triangle
Redevelopment Area)
Copies of detailed descriPtion of why amendment is necessary 24 ~ IT
Completed Application with list of Permitted Uses; Development 24 C8J D
Standards Table; List of proposed deviations from the LDC (if any); List
of Developer Commitments and Statement of Compliance narrative
(download aDDllcatlon from webslte for current form)
Pre-application meetinq notes 24 C8J D
PUD Conceptual Master Site Plan 24" x 36" and One 8 W' x 11" copy 24 C8J D
Revised Conceptual Master Site Plan 24" x 36"and One 8)12" x 11" 24 D C8J
COpy
Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 D C8J
AMENDING THE PUD
Revised PUD application with chanqes crossed thru & underlined 24 D C8J
Revised PUD application w/amended Title page w/ord #'s, LDC 24 D C8J
10.02.13.A.2
Justification/Rationale for the Deviations (must be on a separate sheet 24 C8J D
within the application material; please DO NOT include it in the PUD
documents)
2 CODle! of the followlna:
Deeds/Leqal's & Survey (if boundary of oriainal PUD is amended) 2 C8J D
List identifying Owner & all parties of corporation 2 C8J D
Owner / Affidavit Signed & notarized 2 C8J D
Covenant of Unified Control 2 C8J D
Completed Addressina checklist 2 C8J D
4 CODles of the followlna:
Environmental Impact Statement (EIS) and digital/electronic copy of EIS D C8J
or exemption iustification 4
, Historical Surveyor waiver request 4 D C8J
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12108, rev 7/11108
^ .-J' ...._ "I "'1'7.
Utility Provisions Statement w/sketches 4 '~pt~~m' ;;;'1'0009
Architectural renderinq of proposed structures 4 ~ 1-'. ge Dr t)U
Survey, signed & sealed 4 ~ D
Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 ~ D
Recent Aerial Photograph (with habitat areas defined) min scaled 5 [2J D
1 "=400'
Electronic copy of all documents in Word format and plans (CDRom or 1 ~ D
Diskette)
Copy of Official Interpretation and/or Zoninq Verification 1 D ~
If located in RFMU (Rural Frinqe Mixed Use) Receivinq Land Areas
Applicant must contact Mr, Gerry J. Lacavera, State of Florida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitigation & Prevention Plan", LDC Section 2,03,08.A.2.a.(b)i.c.
Applicant/Agent Signature
Date
Application For Public Hearing For PUD Rezone 0111 8/07, rev 2/12/08, rev 7/J 1/08
Agenda Item No, 17F
September 15, 2009
Page 58 of 80
EXHIBIT A
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1.
Any other principal use which is comparable in nature with
the foregoing list of permitted principal uses, as
determined by the Board of Zoning Appeals ("BZA") by the
process outlined in the LDC,
B. Accessory Uses:
1.
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
CONDITIONAL USES (Optional)
1.
DEVELOPMENT STANDARDS
Table below sets forth the development standards for land uses
within the (type ofPUD) PUD Residential Subdistrict. Standards not
specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as of tlle date of approval of the SDP or
Subdivision plat.
Application For Public Healing For PUD Rezone 0I/18/07, rev 2/12/08, rev 7/1 1/08
_.~-_.....-
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11/08
Agenda Item No. 17F
September 15, 2009
Page 59 of 80
D~~~ I';n r.f 0('\
, '<J
DEVELOPMENT SINGLE SINGLE TWO-FAMILY, MULTI- CLUBHOUSE/
STANDARDS FAMILY FAMILY PATIO & FAMILY RECREATION
.- ATTACHED & ZERO LOT LINE
BUILDINGS
I TOWNHOUSE
Agenda Item No. 17F
September 15, 2009
PRINCIPAL STRUCTURES
MINIMUM LOT AREA S.F. PER S.F. PER S.F, PER S.F. PER S.F. PER
UNIT UNIT UNIT UNIT UNIT
MINIMUM LOT WIDTH FEET FEET FEET FEET FEET
MINIMUM FLOOR AREA S.F S.F S.F N/A
S.F.jD.U.
MIN FRONT YARD FEET FEET FEET FEET NjA
MIN SIDE YARD FEET FEET or FEET or FEET NjA
MIN REAR YARD FEET FEET FEET FEET NjA
MIN PRESERVE SETBACK FEET FEET FEET FEET FEET
MIN. DISTANCE BETWEEN FEET FEET FEET FEET or NjA
~)TRUCTURES BH,
whichever is
qreater
MAX. BUILDING HEIGHT FEET FEET FEET FEET FEET
NOT TO EXCEED
ACCESSORY STRUCTURES
FRONT FEET FEET FEET FEET FEET
SIDE FEET FEET FEET FEET BH
REAR FEET FEET FEET FEET FEET
PRESERVE SETBACK FEET FEET FEET FEET FEET
DISTANCE BElWEEN
PRINCIPAL STRUCTURE
MAX. BUILDING HEIGHT SPS SPS SPS FEET
NOT TO EXCEED FEET
Application For Public Hearing For PUD Rezone 01/18/07, rev 2112/08, rev 7/11108
S.P,S, = Same as Principal Structures
BH = Building Height
Footnotes as needed
Agenda Item No, 17F
September 15, 2009
Page 61 of 80
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to
individual parcel or lot boundary lines, or between structures, Condominium, and/or homeowners' association
boundaries shall not be utilized for determining development standards.
Setback may be either feet ( ) on one side and feet ( ) on the other side in order to provide a
minimum separation between principal structures of feet ( ), Alternatively, if the foot ( )
setback option is not utilized, then the minimum setback shall not be less than feet ( ) and the combined
setback between principal structures shall be at least feet ( ), At the time of the application for
subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall
be submitted,
T ABLE II
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA Sq,Ft N/A
MINIMUM LOT WIDTH Ft N/A
MINIMUM YARDS (External)
From Immoka]ee Road Canal ROW Ft. SPS
From Future Extension of Collier B]vd. Ft. SPS
From Western Project Boundary Ft. Ft.
MINIMUM YARDS (Internal)
Internal Drives/ROW Ft Ft.
Rear Ft. Ft.
Side Ft. Ft.
MIN. DIST.t\NCE BETWEEN Ft. or sum of Ft.
STRUCTURES Bui]ding heights *
MAXIMUM HEIGHT
Retail Buildings Ft. Ft.
Office Buildings Ft. Ft.
Application For Public HeaJ;ng For PUD Rezone 01/18/07, rev 2/12108, rev 7/1 1/08
D~,..,~ a') ~f
MINIMUM FLOOR AREA Sq, Ft. ** N/A '"
MAX. GROSS LEASABLE AREA Sq,Ft. N/A
Agenda Item No. 17F
September 15, 2009
o
* whichever is greater
** per principal structure, on the finished first floor.
EXHIBIT C
MASTER PLAN
Application For Public Healing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11108
EXHIBIT D
LEGAL DESCRIPTION
(If legal description is too long, add as an attachment)
Agenda Item No. 17F
September 15, 2009
Page 63 of 80
Application For Public Hearing For PUD Rezone 01/18/07, rev 21\2/08, rev 7/11/08
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
App]ication For Public Hearing For PUD Rezone 01/]8/07, rev 2112/08, rev 7111108
Agenda Item No, 17F
September 15, 2009
Page 64 of 80
EXHIBIT F
LIST OF DEVELOPER COMITMENTS
Agenda Item No. 17F
September 15, 2009
Page 65 of 80
Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08
i2F
Sunday,' August 30, 2009
Agenda Item No, 17F
j3eptember 15, 2009
Page 66 of 80
maUu Nmts
}jf
011 0 ORDINANCES'
ANDPE1mONS,
011 0 ORDINANCES
AND PEmIOIIS ,
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice Is hereby given that on TUESDAY, september
IS, 2009 In the Boardroom, 3rt! Floor, Administra-
tion Building, Collier County Government Centelj
3301 East Tamiaml Trail, N~les, Florida"the Boara
of County Commissioners will consider the enact-;
ment of a County Ordinance. The meetin; will;
, commence at 9:00 A.M. The title of the proposed '
Ordlnance Is as follows:
~ .
~ AN ORDINANCE OF THE BOA~D OF COUNTY COM-
.". MISSIONERS OF COLLIER COUNTY,', FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOP-,
, MENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
,'" AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
;' THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN AGRI- .
CULTURAL (A) ZONING DISTRICT TO A COMMERCIAL'
PLANNED UNIT DEVELOPMENT (CPUD) ZONING Dr5-
. , TRICT FOR A 5 +j- ACRE PARCEL TO BE KNOWN AS
,,",, THE ITALIAN-AMERICAN CLUB CPUO, LOCATED AT .
7035 AIRPORT-PULLING ROAD IN SECTION 2, TOWN-
SHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
, FLORIDA; AND BY PROVIDING AN EffECTIVE DATE. .
petition: PUDZ-2009~AR-14141, 'rhlt N~~i~s-Italian j
American Club, Inc. represented by Robert Duane,'
, AICP of Hole Montes, Inc. and Richard Yovanovlch
" of Goodlette, Coleman, Johnson, Yovanovlch &
Koester PAt is relluesting a Rezone from the Agri-
.. culture (A) Zoning District to, the Commercial.
Planned Unit Development' (CPUD) Zoning District:
to allow up to 20,000 square feet of civic, social or ,:
fraternal organizations and 34,000 square feet of
commercial and professional office uses. The' ap-
. ~ proximately S.G-acre subject property is located' at
~. 7035 Airport Pulling Road, section 2, Township 49
,,: South, Range 25 East, Collier. County, Florida. ' I
..
Copies of the proposed Ordinance are on file with
,~ the Clerk to the Board and are available forlnspec-
':- tion. All interested parties. are invited to' attend .
: and be heard. ' . .
NOTE: All persons wishing to speak on any ag~hda
item must register with the Cou!lty administrator.
prior to presentation of the agenda Item to be ad-
dressed. Individual s12eakerswlllbe limited to 5
minutes on any item. Thesel!!~lon (If. anlndlvldu~lI
. to speak on Dehalf of "an 'organization or group is
;', encouraged. '., If recognized' by the, Chairman,: . a
'.<;' spokesperson for a group or organization,' maYbe.',
"."' allotted 10 minute'S to speaJ< em an Item. . ,';,; ,
:"'<~ - : ~'.: .~' . - - . :' " . Iii :' _j'. " '";.:' , - ~
, Persons wishing to have written or graphic mater!-!
als Included in the Board 'agenda packets must!.
submit said material a minimum of 3 weeks prior to :
the respective public hearing. In any case, written
materials Intended to be considered by the Board
,!' shall be submitted to the appropriate County staff
," a minimum of seven days prior to the public hear-
~ Ing. All material used in presentations before the
; - Board will become a permanent part of the record.
... Any person who decides to appeal a decision of the
" Board will need a record of the proceedings per-
'.~ talnlng thereto and therefore, may need to ensure
... that a verbatim record of the proceedings is made,
,,, which record Includes the testimony and evidence
.' upon which the appeal Is based.
. If you are a person with a dls'ability who needs any ,
accommodation In order to participate In this pro- )
ceeding, you are entitled, at no cost to you, to the '
provision of certain assistance. Please contact the
. Collier County Facilities Management Department.
located at 3301 Tamlaml Trail East, BUilding W,
Naples, Florida 34112, (239)252-8380. Assisted lis-
tening devices for the hearing Impaired are avail-
able in the County Commls~loners' D.ff1ce. .
,..'
..' BOARD OF COUNTY COMMISSIONERS
" COLLIER COUNTY, FLORIDA
,. DONNA FIAlA, CHAIRMAN
.. DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
" (SEAL) .
," Auall~t 30 2009
NnlRl~nlQ ,
Agenda Item No. 17F
September 15, 2009
Page 67 of 80
ORDINANCE NO, 09-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULA TIONS FOR
THE UNINCORPORA TED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
AGRICULTURAL (A) ZONING DISTRICT TO A
COMMERCIAL PLANNED l:JNIT DEVELOPMENT
(CPUD) ZONING DISTRICT FOR A 5+/- ACRE
PARCEL TO BE KNOWN AS THE IT ALIAN-
AMERICAN CLUB CPUD, LOCA TED AT 7035
AIRPORT-PULLING ROAD IN SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTNE DATE.
WHEREAS, The Naples Italian-American Club, Inc., represented by Robert L. Duane,
A.I.C.P., of Hole Montes, Inc. and Richard Yovanovich of Coleman, Yovanovich & Koester, PA
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located at 7035 Airport-
Pulling Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is
changed from an Agricultural (A) Zoning District to a Commercial Planned Unit Development
(CPUD) Zoning District for a 5 +/- acre parcel to be known as the Italian-American Club CPUD,
in accordance with Exhibits A through G attached hereto and incorporated by reference herein.
PUDZ-2009-AR-14141
REV. 9/3/09
1 of 2
Agenda Item No. 17F
September 15, 2009
Page 68 of 80
The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chainnan
Approved as to form and
legal sufficiency:
rlV~
o v...} \) '\
0\\
Heidi Ashton-Cicko
Section Chief, Land Use/Transportation
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Permitted Uses
Development Standards
Master Plan
Legal Description
Requested Deviations from LDC
Developer Commitments
Conditions of Approval
09-CPS-00928/20
PUDZ-2009-AR-14141
REV. 9/3/09
20f2
Agenda Item No. 17F
September 15, 2009
Page 69 of 80
EXHIBIT A
PERMITTED USES
IT ALlAN AMERICAN CLUBHOUSE CPUD
COMMERCIAL AREA
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in ~ for other than the following:
Principal Uses and Structures - Tract A:
1.
Permissible Land Uses:
SIC Group
I. Civic, social and fraternal associations
(8641 )
II. Any other commercial or professional use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent of the district
as determined by the Board of Zoning Appeals, pursuant to the LDC.
Permitted Accessory Uses and Structures - Tract A:
I. Uses and structures that are accessory and incidental to the above principal uses including
recreational facilities for a civic, social or fraternal organization. including bocce ball
outdoor area, signs. water management facilities, and covered parking.
III. Any other accessory and related use that is determined to be comparable in nature with
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
LDC.
Principal Uses and Structures - Tract B:
1. Permitted Principal Uses and Structures:
Permissible Land Uses - Cl (Modified):
Commercial Professional & General Office Permitted Use (SIC Group in Parenthesis)
1. Accident & Health Insurance Services
2. Accounting services
3. Adjustment services
4. Advertising (consultants) agencies
5. Architectural services
6. Auditing service, aCcoWlts
7. Banks, Federal Reserve
8. Banks, commercial: national
9. Banks, commercial: not chartered
10. Banks, commercial: state
August 25, 2009
(6321 )
(872 I)
(7322)
(7311 )
(8712)
(8721)
(6011)
(6021)
(6029)
(6022)
(
'0-'f.
11. Banks, savings: Federal
12. Banks, savings: not federally chartered
13. Barber Shops, except for barber schools
14. Beauty Shops, except for barber schools
15. Bookkeeping Services
16. Business Consulting Services, not elsewhere classified
17. Civic, social and fraternal associations
18. Collection Services
19. Commodity Contracts Brokers & Dealers
20. Computer maintenance and repair
21. Computer processing services
22. Computer programming services
23. Credit clearinghouses
24. Credit Reporting Services
25. Credit unions, Federal
26. Credit unions, State: not federally chartered
27. Data processing consultants
28. Data processing services
29. Debt counseling, no other miscellaneous seIVices
30. Dentist office/clinic
31. Direct mail advertising service
32. Doctors - Medicine offices & clinics
33. Doctors - Osteopathy offices & clinics
34. Doctors - Chiropractors offices & clinics
35. Engineering services: limited to industrial. civil. electrical. mechanical,
marine and design
36. Essential Services. subject 10 LDC 2.01.03 including existing radio and
television broadcasting and communications equipment
37. Fire, Marine & Casualty Insurance Services
38. Health practitioners - not elsewhere classified
39. Home health care services
40. Hospital & Medical Healthy Services
41. Insurance Carriers, not elsewhere classified
42. Investment Advice
43. Life Insurance Services
44. Land Subdividers & Developers
45. Landscape architects, consulting & planning
46. Legal services
47. Loan brokers
48. Management Services
49. Management Consulting Services
50. Mortgage Bankers & Loan Correspondents
51. Miscellaneous Business Credit Institutions
52. Membership Organizations, not elsewhere classified
53. Optometrists - offices & clinics
54. Pension. Health and Welfare Funds Services
55. Personal Credit Institutions
56. Photographic Studios, Portrait
57. Podiatrists - offices & clinics
August2S,2009
Agenda Item No. 17F
September 15, 2009
Page 70 of 80
(6035)
(6036)
(7241 )
(7231 )
(8721 )
(8748)
(8641)
(7322)
(6221)
(7378)
(7374)
(7371)
(7323)
(1323)
(6061)
(6062)
(7379)
(7374)
(7299)
(8021)
(733 I)
(8011)
(8042)
(8041)
58. Public Relations Services
59. Radio, Television & Publishers Advertising Representatives
60. Real Estate Agents and Managers
61. Secretarial and Court Reporting Services
62. Security Brokers, Dealers & Flotation Companies
63. Security and Commodity Exchanges
64. Services Allied with the Exchange of Securities or Commodities. not
elsewhere classified
65. Shoe Repair Shops and Shoeshine Parlors
66. Short-Term Business Credit Institutions, except agricultural
67. Surety Insurance Services
68. Tax Return Preparation Services
69. Title Abstract Offices
70. Title Insurance Services
71. Travel Agencies (no other transportation services)
72. Veterinary Services, excluding outdoor kenneling
Agenda Item No. 17F
September 15, 2009
Page 71 of 80
(8743)
(7313)
(6531)
(7338)
(6211)
(6231)
(6289)
(7251)
(6153)
(635 I)
(7291)
(6541)
(6361)
(4724)
(0742)
II. Any other commercial or professional use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent of the district
as determined by the Board of Zoning Appeals. pursuant to the LDC.
Permitted Accessory Uses and Structures - Tract B:
I. Uses and structures that are accessory and incidental to the above principal uses including
signs, water management facilities. and covered parking.
III. Any other accessory and related use that is determined to be comparable in nature with
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
LDC.
August 25, 2009
(~
~
Agenda Item No. 17F
September 15, 2009
Page 72 of 80
EXHIBIT B
DEVELOPMENT STANDARDS
ITALIAN AMERICAN CLUBHOUSE CPUD
Development of the Italian American Clubhouse cpun shall be in accordance with the contents
of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in
effect at the time of issuance of any development order, such as, but not limited to, final
subdivision plat, final site development plan (SDP), excavation permit, and preliminary work
authorization, to which such regulations relate. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district, the C-1, Commercial
Professional and General Office District, of the LDC shall apply.
Table I below sets forth the development standards for land uses within the CPUD Commercial
Subdistrict. Standards not specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as ofthe date of approval of the SDP or final subdivision plat.
TABLE I
COMMERCIAL DEVELOPMENT STANDARDS
A. PRINCIP AL STRUCTURES
MiNIMUM LOT AREA N/A
MIMINUM LOT WIDTH N/A
MITNThJUMFRONTYARD 25 feet
MINIMUM SIDE YARD 25 feet
MINIMUM REAR YARD 25 feet
MIMINUM DISTANCE BETWEEN Y2 the sum of the building height
PRINCIPAL STRUCTURES
MAXIMUM BUILDING HEIGHT 3 stories, not to exceed 40 feet zoned building
height or 45 feet actual building height
B. ACCESSORY STRUCTURES
FRONT SETBACK 15 feet
SIDE SETBACK 1 0 feet
REAR SETBACK 10 feet
MINIMUM DISTANCE BETWEEN 10 feet
ACCESSORY STRUCTURES
MAXIMUM BUILDING HEIGHT NOT 1 story, 25 feet zoned building height and 30
TO EXCEED feet actual building height
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be
in relation to individual parcel or lot boundary lines, or between structures.
^.Ilgllst 25, 2009
September 3, 2009
~\"G
<'
Agenda Item No. 17F
September 15, 2009
Page 73 of 80
C. DEVELOPMENT INTENSITY
Tract A: The maximum size of the Italian American Club or similar other civic, social or
fraternal associations shall be 20,000 square feet gross leasable floor area.
Tract B: The maximum development intensity for limited commercial and professional
offices and related uses shall be 34,000 square feet of gross leasable area. Of the 34,000
square feet for professional offices and limited commercial uses, the maximum size of
financial institutions within the overall general office area shall be 4,000 square feet.
Additional square footage beyond the allowable 4,000 square feet is permitted as
administrative office space to support the financial institution on a second floor or area
that is not accessible to the general public to support the financial institution.
D. PARKING
Parking for the Italian American Club or other civic, social or fraternal association is
based on I space per 3 seats to meet their onsite parking needs. (See Exhibit E, Deviation
No.1). Parking for special events computed at I space per 100 square feet over and
above the requirement of 1 space per 3 seats shall be met on the adjacent office building
parcel located to the east of the Italian American Club on Tract B to meet their offsite
special events parking needs. The Italian American Club or similar type of fraternal
organization shall enter into a shared parking agreement within the owner of Tract B of
this CPUD to meet their parking requirement for special events.
E SPECIAL EVENTS
1. "Special events" shall be defined as those events open to the general public, such as but
not limited, to fairs, celebrations. festivals and other such events that require parking on
Tract B.
2. Except for "special events." the maximum capacity at the social club on Tract A shall be
limited to 300 people.
3. The aoplicant shall use the shared parking for any special events on Tract A that
necessitate more than 100 parking spaces, and shall seek a temporary use permit to do so
to determine whether adequate parking is available.
4. Temporary grass parking spaces for users of Tract A shall be permitted on Tract B until
Tract B is developed. These temporary spaces shall be located along the perimeter of
Tract B and shall be compacted. stabilized. well-drained and surfaced with a durable
grass cover. In addition. all driveways. access aisles and handicap spaces shall be paved.
5. Once Tract B is developed, parking on Tract B by users of Tract A shall be prohibited
during any of the operating hours of the uses permitted on Tract B. including weekends
and holidays.
AHgllst 25,2009
September 3, 2009
~~v
{
Agenda Item No. 17F
September 15, 2009
Page 74 of 80
6. No special events shall be permitted on the site past 11 p.m.
F. PRESERVE AREA
No preserve area is required.
G. EXISTING TOWER
Only one tower shall be permitted on Tract B. which shall be limited to the fl0ili!:ht
flagpole type and height of the existing tower.
.^.ugust 25, 2009
September 3, 2009
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Agenda Item No. 17F
September 15, 2009
Page 76 of 80
AIt-14141
I'I'At:~AJII AJlDTU'" CLUB
Exhibit D
LEGAL DeSCRIPTION:
A PARCEL OF LAND lOCATEO IN A PORTION OF THE NORTHeAST QUARTER, OF THE SOUTHEAST QUARTER, OF
SECTION 2, TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA; BeING MORE PARTICULARLY
OESCRIBeD AS FOLLOWS:
COMMENCE AT THE'SOUTHEAST CORNER OF SEC1l0N~. TOWNSHIP 49 $OUTH. RANGE 25 EAST. COLLIER COUNTY,
FLORiDA; THENCE RON N.02014'OO'W., ALONG THE EAST LINE OF. THE SOUTH~T QUARTER OF SAID SECTION 2. FOR
A "DISTANCE OF 2038.10 FEET; THENCE RUN S.89051'42"W., PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF Tt:fE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2,FOR A DISTANCE OF 100.07 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE WEST RIGHT-OF-WAY
UNE OF AIRPORT-PULLING ROAD NORTH, STATE R9AD 31, HAVING A 200.06 FOOT WlOE RIGHT-OF-WAY; THENCE
CONTINUE S.89051'42"W., FOR A DISTANCE OF 660.00 FEET: THENce RUN N.02014'OO'W., FOR A OISTANCE OF 330.00
FEET TO A POINT ON THE SOUTH RIGHT-Of-WAY UNE OF ~E BLOSSOM DRIVE, HAVING A 200.00 FOOT WIDE
RIGHT-OF-WAY: THENCE RUN.N.890tS1'42"e., ALONG THE SOUTH RIGHT..oF-WAY LINE OF SAID ORANGE BLOSSOM
DRIVE, FOR A DISTANCE or:o.oo FEET TO A POINT ON THE weST RIGHT.OF*WAY LINE OF SAlO AIRPORT-PULLING
ROAD NORTH; THENCE RU S.02014'oo"E., ALONG THE WEST RIGHT-OF-WAY LINE OF SAID AIRPORT-PULLING ROAD
NORTH, FOR A DISTANCE 0 330.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5.00 ACRE$. MORE OR LESS.
\~
~
Agenda Item No. 17F
September 15, 2009
Page 77 of 80
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM THE LDC
IT ALlAN AMERICAN CLUBHOUSE CPUD
1. Deviation No.1 seeks relieffor Tract A from LDC Subsection 4.05.04.0, Table 17,
which requires a minimum of one parking space per 100 square feet for private clubs;
or one space per every three seats set up at any given time, whichever is greater to
allow the less stringent parking calculation method to prevail so that 83 parking
spaces are required for Tract A instead of200.
2. Deviation No.2 seeks relief from LOe Section 4.05.04 0, parking space
requirements. which requires that developers providing parking lots in excess of200
parking spaces may surface fifteen percent (15%) of the required off-street parking
spaces in grass which shall be compacted, stabilized. well drained and surfaced with a
durable grass cover to provide additional overflow parking for special events on Tract
B. All grass parking spaces shall be located along the outlying perimeter of the
parking lot. Driveways. handicapped spaces and access aisles shall be paved. All
grassed parking spaces shall be included in the water management calculations for
site development plan review. This deviation is to provide additional overflow
parking for special events on Tract B. The proposed grassed parking area will be
subject to SDP approval.
3. Deviation No.3 seeks relief from LDe Subsection 5.04.05 .A.I, Temporary Events.
which allows non-renewable permits of up to 14 days' duration for special
promotional sales or other similar uses, such that during any calendar year. the sum
total of all permits for such events on the site does not exceed 28 days, to permit
special events on the site up to eight times a year and up to five days' duration. for a
total of 40 days during any calendar year. Such events would be permitted only on
weekends, legal holidays and after 5:00 pm weekdays.
~~lf
~
Agenda Item No. 17F
September 15, 2009
Page 78 of 80
-.
ExmBIT F
DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT
ITALIAN AMERICAN CLUBHOUSE CPUD
1. TRANSPORT A nON REQUIREMENTS
1. An Orange Blossom Drivel Airport Road intersection improvement plan prepared
by owner must be a viable project and approved by the Transportation Division
prior to any zoning action or development order approval; and construction
pursuant to an approved plan must be completed prior to the issuance of any
certificate of occupancy for any permitted uses other than the Italian American
Club or similar civic, social or fraternal organizations, as limited in the TIS. The
Italian American Club CPUD fair share is estimated to be 4.84% and payable at
the time of issuance of the first building permit
2. The clubhouse facility and accessory uses for the Italian American Club or similar
civic, social or fraternal organizations shall be excluded from the requirements set
forth in Section 1. if it can be demonstrated that the transportation impacts of the
facility and accessory uses do not require the initiation or construction of Orange
Blossom Drivel Airport Road intersection improvements. This determination will
be made at the time ofSDP approval.
3. The Developer agrees to provide required pedestrian and vehicular
interconnections to the parcels to the South and West of this project as
approximated by Exhibit C in this document. (Vehicular interconnection to the
West is not required).
4. The existing easternmost vehicular access drive onto Orange Blossom Drive shall
be removed or permanently closed-otf by the property owner prior to the issuance
of any certificate of occupancy for any further development or redevelopment of
the site.
5. Any combination of allowed uses stated in Exhibit A of this pun shall not be
allowed to exceed the maximum square footage or units listed for each category
of use. The trip generation stated in the Traffic Impact Study (TIS) used for the
approval of this zoning: action shall be construed as a maximum trip generation
(184 total PM peak hour trips: or 126 adiusted. PM ~eak hour net new external
trips) for any combination of the allowed uses. The Fair Share payable at the time
of issuance of the fU'St building \,ermit shall be 4.84% of the improvements to the
intersection of Airport and Orange Blossom Drive.
August 25. 2009
\~
~
Agenda Item No. 17F
September 15, 2009
Page 79 of 80
II. DEDICATION OF RlGHT OF WAY
1. The Developer agrees to dedicate at no cost to Collier COWlty two apportioned
tracts of roadway easement right of way in fee simple deed, free of any liens or
encumbrances, to Collier County within 60 days of the County's written request,
as approximated by Exhibit C - CPUD Master Plan. in this document.
COMMON SIGNAGE AND ARCHITECTURAL ELEMENTS
1. Development within the CPUD shall have common site, signage and building
architectural elements. including on-site directional signs assisting motorists
toward southbound egress through the property to the south should access to the
south be available onto Airport Road. These commitments will be satisfied at the
time of SDP approval.
August 25, 2009
v
If-
Agenda Item No. 17F
September 15, 2009
Page 80 of 80
EXHIBIT G
CONDITIONS OF APPROVAL
August 25, 2009
1. Parking on Tract B by patrons of the private club on Tract A shall only be permitted
during the club's special events, at which time parking on Tract B shall be permitted
by patrons from 6-11 p.m. on weekdays; and on weekends and legal holidays until 11
p.m.
2. No more than 8,500 square feet of the 34,000 square feet of gross leasable area.
permitted on Tract B shall be used for medical offices.
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