Agenda 01/29/2008 Item #17C
i\g'3nda Item [\Jo. 17C
.January 29, 2003
Page 1 of 129
EXECUTIVE SUMMARY
PETITION PUDZ-2007-AR-11121, William Hoover, AICP of Hoover Planning &
Development, representing Chestnut Ridge, LLC, requesting a rezone of a 6.01-acre site
from the Estates (E) Zoning District to the Mixed-Use Planned Unit Development (MPUD)
Zoning District for a project known as Chestnut Place MPlJD to allow 24,000 squaJ'e feet of
commercial and/or office spaee and 6,0()() s(luare feet of institutional space for property
located at the southeast corner of Immokalee Road (CR-846) and Everglades Boulevard on
tracts 113 and 114, in Section 29, Township 47 South, Range 28 East, of Collier County,
Florida
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider a PUD rezone as noted above, and
to ensure the project is in hamlony with all the applicable codes and regulations in order to make
certain that the community's interests are maintained.
CONSlDERA nONS:
The petitioner proposes a rezone Ii'om the Estates (E) Zoning District to the Mixed.Use Planned
Unit Development (MPUD) Zoning District to permit 24,000 square feet of commercial/office
uses on Tract 113, and 6,000 square feet of institutional uses on Tract] 14. Tract 113, consisting
of 4,05 acres of land, would allow commercial uses penTlitted in the C.I thm C-3, General
Commercial Zoning Districts, Tract 1 ]4, consisting of 1.96 acres ofland, would allow a church
and day care uses. The day care use shall only be permitted as a conditional use, nnless
associated with a principal permitted use, in accordance with LDC requirements,
The site plan clearly distinguishes between the commercial tract (Tract 113) and the institutional
tract (Tract 114). Access is shown to be provided from both Immokalee Road and Everglades
Boulevard. A 50,foot wide natural and undisturbed preserve area is shown adjacent to an
existing singlc,family dwelling cast of the site. In addition, the 50.foot preserve area is shown in
combination with 25,feet of landscape totaling 75 feet of butTer area adjacent to areas zoned
Estates.
Surrounding Land Uses and Zoning: The 6,0 I acre site is presently vacant and undeveloped,
and has not been previously disturbed. The site is primarily sUlTOunded by vacant land. Across
Imlllokalee Road to the North is Agricultural land in the Agricultural/Mobile Home Overlay (A.
MHO) Zoning District. To the south is vacant land in the Estates Zoning District. Across
Everglades Boulevard to the West are vacant land and the Big Corkscrew I sland Fire Control and
Rescue District Building in the Estates (E) Zoning District, and to the east is an existing single.
family dwelling in the Estates (E) Zoning District.
Zoning Synopsis: The proposed change to the MPUD Zoning District is not anticipated to have
an adverse effect upon the sUlT(lUnding area. The subject site being located at the Immokalee
Road/Everglades Boulevard intersection is a highly appropriate location to provide an
Chestnut Place MPUD, AR-11121
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!\genda It9m I',jo. 17C
,J3rlUary 29,2008
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opportunity for diverse uses, It's at a high tratTic impact intersection, where there is a limited
variety of goods and services within pedestrian and cycling access, and there is enough acreage
on-site to accommodate the required buffcring and landscape requirements in which to minimize
potential impacts to future developing neighboring properties. If the rezoning is approved,
pursuant to the requirements of the LDC, the petitioner would be required to provide a 75,foot
wide Type B Buffer (in which parking is not allowed) abutting the estate zoned lots along the
eastern and southern perimeter of the site, and a 25,foot wide Type C Buffer abutting Irnmokalee
Road and Everglades Boulevard along the northern and western perimeter of the site adjacent to
the agricultural lands and thc fire district building,
FISCAL IMPACT:
The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build-out, will maximize its authorized level of development,
however, if the Mixed-Use Planned Unit Development is approved, a portion of the land could
be developed.
The County collects impact fees prior to the issuance of building pern1its 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 (CIE) of the Growth Management Plan
(GMP) as needed to maintain adopted Levcl 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
transpOliation impact fees associated with the project. Other fees collected prior to issuance of a
building pcnnit include building penn it review fees and utility fees associated with connecting to
the County's water and sewer system.
Please note that the inclusion of impact fees and taxes collected are for inforn1ational purposes
only; they are not included in the criteria used by StalT and the Collier County Planning
Commission (CCPC) to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property has two land use designations. Tract] 13 is within the Im1110kalee
Road/Everglades Boulevard Neighborhood Center Subdistrict, as designated in the Golden Gate
Area Master Plan (GGAMP), which is eligible for commercial uses. Tract]]4 is within the
Conditional Uses Subdistrict, as designated in the GGAMP, which is eligible for Conditional
Uses.
Neighborhood Centers arc typically located along major roadways and arc distributed within
Golden Gate Estates according to commercial demand estimates, The centers are designed to
concentrate all new eommcrcial zoning, and conditional uses in locations where trattie impacts
can be readily accommodated in an effOli to avoid strip and disorganized patterns of commercial
and conditional use development.
Criteria for land uses at Neighborhood Centers (on Tract 1] 3) are as follows:
Chestnut Place MPUD, AR, t 1121
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. Commercial uses shall be limited to intermediate commercial so as to provide for
a wider variety of goods and services in areas that have a higher degree of
automobile traffic. These uses shall be similar to C,l, C,2, or C,3 zoning districts
outlined in the Collier County Land Development Code (LDC) (Ordinance 04-41,
adopted June 22, 2004), except as prohibited below. {All (if the permitted uses are
provided for in Exhibit A, Item 3.A of the MPUD, and are within the C-I
through C-3 zoning districts.{
. Parcels immediately adjacent to commercially zoned areas within the
Neighborhood Centers located at the intersections Golden Gate Boulevard and
Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard,
Everglades Boulevard and Immokalee Road may qualify for Conditional Use
under the transitional conditional use provision of the Conditional Uses
Subdistrict of the GGAMP.{Provided for on the MPUD Master Plan.{
. A single project shall utilize no more than 50 percent of the total allowed
commercial acreage. This percentage may be increased at the discretion of the
BCe. {The Neighborhood Center component of this pr(iject comprises <50
percent of the total Neighborhood Center and < 50 percent (if the southeast
quadrant of the Neighborhood Center.]
. The project shall make provisions Itlr shared parking alTangements with adjoining
developl11cnts.{Providedfor in r.xhibit E, Item 4.A of the MPUD Document.]
. Access points shall be limited to one per 180 feet commcncing from the right-of.
way of the major intcrsecting streets of the Ncighborhood Center. A maximum of
three curb cuts per quadrant shall be allowed. {Based upon access depicted on the
revised MPUD A/aster Plan, both access points appear to be at least 180'.fi'om
the intersection right-(if-way.{
. Driveways and curb cuts shall be consolidatcd with adjoining dcvclopmcnts,
whcnevcr possible. {Based upon access depicted on the A/PUD A/aster Plan, the
access point on Immokalee Road is shared beh,'een the portion of the site inside
the Neighborhood Center and the portion outside of it. Though the access point
on Everglades Boulevard is not proposed as shared access with the parcel to the
south, a cross' acee,"ls euseJllenf is proposed.!
. Driveways accessing parcels on opposite sides of the roadway shall be in direct
alignment, exccpt whcn the roadway mcdian between the two parcels has no
opening. {This has not been addressed in tIle l,IPUD, however, in the
applicant's re,\ponse, "access on the west side of Everglades Boulevard referred
to is not a legal access for the .fire department, but rather a dirt lane that
appears to be no longer used. l1te key factor here is we have pushed the
driveway along Everglades Boulevard to asfar south as possible to share it with
the at(joining property to the south and at the request (if the County
Trall.\portation Sen'ices Department for traffic safety and flow pll/poses."
Chestnut Place MPUD. AR,l1121
Page 3 of 10
Ilem No. 17(:
Janua:-y 29, 2008
Pa';;84 of 129
Therefore, staff defers this to the Transportation Services Department as part of
its final review.j
· Projects shall provide a 25-foot wide landscape buffer abutting the external right,
ot:way. This buffcr shall contain two staggered rows of trees that shall be spaced
no more than 30 fect on center, and a double row hedge at least 24 inches in
height at time of planting and attaining a minimum of three, foot height within one
year. A minimum of 50 percent of the 25.foot wide butfcr area shall be
comprised of a mcandering bed of shrubs and ground covers other than grass.
Existing native trees must be rctained within this 25,foot wide buffer area to aid
in achieving this buffer requirement; other existing native vcgetation shall be
retained, where possible, to aid in achicving this buffer requircment. Water
retention/detention areas shall be allowed in this butfer area if left in natural state,
and drainage conveyance through the butfer area shall be allowed if necessary to
reach an external outfall.jProvidedfor in Exhibit E~ Item S.A. of the MPUD.j
· All buildings shall have tile roofs, "Old Style Florida" mctal roofs, or decorative
parapet walls above the roofline. The buildings shall be finished in light, subdued
colors, except for decorative trim, j Provided for in Exhibit E, Item 4. C. of the
MPUD.j
· Building heights shall bc limitcd to one (1) story, with a maximum height of
thirty, five fcet. This provision only applies east of Collier Boulevard, jProvided
for in Exhibit B, of the MPUD.j
. All lighting facilities shall be architecturally-<lesigned, and shall be limited to a
height of twenty. five feet. Such lighting facilities shall be shielded Ii'om
neighboring residential land uscs. j Pr01>ided for ill Exhibit E, Item 4.F. o.f the
MPUD.j
. Commercial uses shall encourage pedestrian traffic through placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking areas.
Adjacent projects shall coordinate placement of sidewalks so that a continuous
pathway through the Ncighborhood Center is created. [Provided for in Exhibit E,
Item 4.D. o.lthe MPUD.j
· All buildings and projects within any single specific quadrant of the Subdistrict
shall utilize a common architectural theme. This theme shall be applicable to both
building design and signage, jPr01'ided for in E.:hibit E. Item 4.C. of the
MPUD.j
· No building footprint shall exceed 5,000 square feet, unless the projcct is
submitted in the f011n of a PUD. Walkways or courtyards shall connect adjacent
buildings. This provision only applics cast of Collier Boulevard. jProject
submitted as MPUD and addresses this requirement in Exhibit E~ Item S.D. of
the MPUD document.j
Chestnut Place MPUD, AR,] 1] 21
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. Drive,through establishments shall be limited to banks, with no more than 3
lanes; the drive,through areas shall be architecturally integrated with the rest of
the building. This provision only applies cast of Collier Boulevard. [Provided for
ill Exhibit A, Item 3.e. (If the MPUD.j
· Fences or walls may be eonstmcted on the commercial side of the required
landscape buffer between adjacent commercial and residential uses. If
constmcted, such fences or walls shall not exceed five feet in height. Walls shall
be constmcted of brick or stone. Fcnces shall be of wood or concrete post or rail
types, and shall be of open design (not covered by slats, boards or wire).
[Provided for ill Exhibit E, Item 5.e. of the MPUD.[
· Projects directly abutting residential propeliy (property zoned E,Estates and
without an approved conditional use) shall provide, at a minimum, a seventy. five-
foot wide buffer in whieh no parking uses are permitted. Twenty-five (25) feet of
the width of the buffer along the developed area shall be a landscape butTer. A
minimum of fifty (50) feet of the buffer width shall consist of retained native
vegetation and must be consistent with Subsection 3,9,5.5.6 (now 3.05,07) of the
Collier County Land Development Code (LDC). The native vegetation retention
arca may consist of a perimeter berm and be used for water management
detention. Any newly constructed hel111 shall he revegetated to meet Subsection
3.9,5.5,6 (now 3,05,07) of the LDC (native vegetation replanting requirements).
Additionally, in order to be considered for approval, use of the native vegetation
retention area for water managemcnt purposes shall meet the following criteria:
a, There shall bc no adverse impacts to the nativc vcgetation being retained,
Thc additional water directed to this area shall not increase the annual
hydro,period unless it is proven that such would have no adverse impact to
the existing vegetation.
b. If the project requires permitting by the South Florida Water Management
District, the project shall provide a letter or othcr official document from
the District indicating that the native vegetation within the retention area
will not have to be removed to comply with water management
requirements. If the District cannot or will not supply such a letter or
document, then the native vegetation retention area shall not be used for
water 111anagement.
c. If the project is reviewed by Collier County, the County engineer shall
provide evidence that no rcmoval of native vegctation is necessary to
facilitate the necessary storage of watcr in the water management area.
[Provided.for ill Exhibit E, Itelll 4.B. (If the MPUD.[
Neighborhood Center Transitional Conditional Use Provisions:
Chestnut Place MPUD, AR,II121
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:tel'll No. 17C
January 29, 2008
Page 6 of 129
Tract] 14, not located in the Neighborhood Center, allows for conditional uses within the
Conditional Uses Subdistrict (immediately adjacent to the Neighborhood Center) subject to the
following criteria, which is followed by statf analysis:
]. Properties eligible for conditional uses shall abut the arterial or collector road
serving the Neighborhood Center. {The project is located Oil the south side of
Immokalee Road which is a Millor Arterial Highway.{
2. Such uses shall be limited to transitional Conditional Uses that are compatible with both
residential and commercial such as churches, social or fratemal organizations, childcare
centers, schools, and group care facilities. {Provided for ill Exhibit A, Items 3.B.(1) and
(1) as allowable uses.{
3. All Conditional Uses shall make provIsIons for shared parking an'angements with
adjoining developments whenever possible. {Providedfor ill Exhibit E, Item 4.A. of the
MPUD.{
4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75,foot
buffer of native vegetation in which no parking or water management uses are permitted.
{Provided for 011 the MPUD Master Plan and in Exhibit E, Item 5.B. for residential
property to the east alld south.{
5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall,
whenever possible, share parking areas, access and curb cuts with the adjoining
commercial use, in order to facilitate traffic movement. {The MPUD illaster Plan
depicts a shared access point with the commercial tract to the west within the
Neighborhood Center. The l~lPUD also provides p". shared parking and illternal
access ill Exhibit E, Item 4.A. of the MPUD.j
GMP Conclusion: Based on the above analysis, staU concludes that this rezone request may be
found consistent with the Golden Gate Area Master Plan.
Transportation Element: Transp0l1ation Planning staff has evaluated this petition, and advises
that the proposal is consistent with Policies 5.1 and 5.2 ufthe Transportation Element of the
GMP.
TRANSPORT A nON ANALYSIS:
Transp0l1ation Department staff has reviewed this petition, and recommends approval subject to
the Developer Commitments in Exhibit E of the PUD document. This includes a requirement
that the additional light,ot:way depicted on the master plan shall be dedicated on a plat or
conveyed in fee simple by deed, more pm1ieularly described as tollows:
The additional light,of,way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUD. More
Chestnut Place MPUD, AR,11] 21
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!tern No. 17C
,:am;3ry 29, 20G8
Page I of 129
specifically, this additional right,of,way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulcvard right.ot~way and
39 feet in width along the project's cntire frontage along the Immokalee
Road right,of,way.
ENVIRONMENT AL ISSUES:
Environmcntal Services staff has reviewed this petition and the PUD document and recommends
approval. They note that commercial projects directly abutting residential property shall provide
a minimum 75,foot wide buffer (in which no parking is allowed), 25 feet of which shall be
along the developed area, and a minimum 50 feet shall consist of retained native vegetation
pursuant to Subsection 3,05.07 of the LDC. The applicant's master plan complies with this
requirement. The Environmental Advisory Committee (EAC) did not hcar this request as the
subject tract is less than 10 acres.
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to address the Affordable, Workforce housing demands that it
may create.
LEGAL CONSJDERA nONS:
This is a site specific rezone from an Estates (E) Zoning District to a Mixed.Use Planned Unit
Devclopment Zoning District for a project to bc known as the Chestnut Place MPUD. Site
spccific rezones are quasi.judicial in nature. As such the burden falls upon the applicant to prove
that the proposed rezone is consistcnt with all the cliteria set fOl1h below. The burden then shifts
to the Board of County Commissioners (BCe), 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 docs not meet one or more of the listed criteria
below.
Criteria for pun Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
I, 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 instrumcnts or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made Jor the continuing operation
and maintenance of such areas and facilities that arc not to be provided or maintained
at puhlic expense? Findings and recommelldations of this tvpe shall be made only
after consultation with the County Attorney.
Chestnut Plnee MPUD, AR.11121
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Ag'2mda Item r~o. 17G
January 29, 2003
Page 8 of 129
3. Consider: Confo1111ity of the proposed PUD 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
plivate.
7. Consider: The ability of the subject property and of SUlTOlll1ding areas to
accommodate expansion,
8. Consider: Confi:mnity 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.
9, Will the proposed change be consistent with the goals, objec1ives, and policies and
future land use map and the elements of the growth management plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use
pattern?
II. Would the requested PUD 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 propelty proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely inl1uencc living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with sun'ounding land uses, because of peak
volumes or projec1ed types of vehicular traffic, including activity during construction
phases of the development, or olhenvise a/Teel public safe!)'?
16, Will the proposed change create a drainage problem"
Chestnut Place MPUD, AR,11121
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~ ,Janu3.ry 29, 2003
Page 9 of 129
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 1D
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 tile county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the propel1y and the degree of site
alteration which would be required to make the propel1y usable for any of the range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD rezone 011
the availability of adequate public facilities and services consistent with the levels of
service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.! 06, 3I1,lI], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health. safety. and wclfare')
The Bee must hase its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary. maps, studies, letters from interested persons and the oral testimony presented at the
Bee hearing as these items relate to these criteria. (MMSS)
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The cepe heard petition PUDZ,2007,AR,!11210n November ]5,2007 and by a vote of 8 in
favor and 0 opposed the cepe recommended to forward this petition to the Bee with a
recommendation of approval subject to the f(lllowillg conditions:
Chestnut Place MPlID. AR,11121
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.Agenda item i'>Jo. 1 f'C
January 29, 2003
Page 10 of 129
I. A 5, foot wooden fence shall be installed on Tract 114 along the castel11 border of the site
adjacent to the existing residential dwelling, which is outside of the NC subdistrict.
2. Proposed LDC Amendment 2007 (as revised 11/6/07), Cycle 2, Section lO.02.03.A.5,
letters a, b, c, and d, relating to noncompatible uses, shall apply to the subject property,
and shall be enforced as written.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
RECOMMENDA nON:
The CCPC approved a five foot fence for the Institutional Tract (Tract 114), which is outside of
the NC Subdistrict; however, that recommendation was made because the applicant advised that
the OMP required a five foot fence. A five, foot fence is only a requirement if the property were
in the NC subdistrict. Had it not been for this incOlTect information. The CCPC would have
recommended a six foot fence,
Therefore, staff recommends that the Board of County Commissioners (BCe) approve Petition
PUDZ,2007,AR,I] 121 subject to the following conditions:
I. A 6. foot wooden fence shall be installed on Tract 114 along the eastern border of the site
adjacent to the existing residential dwelling, which is outside of the NC subdistrict.
2, LDC Amendments 2007 (revision date I Jl6/07), Cycle 2, Policy lO.02.03,A.5, letters a,
b, c, d, and e, relating to noncompatible uses, shall apply to the subject propel1y,
PREPARED BY:
Willie Brown, AICP, Principal Planner
Depm1ment of Zoning and Land Development Review
Chestnut Place MPUD, AR,II121
Page I () of I ()
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Agenda Item No. 17C
January 29, 2008
Page 11 of 129
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17G
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members Petition: PUDZ-2007-AR+11121, Chestnut Ridge, LLC, represented
by William Hoover, of Hoover Planning and Development Inc., IS requesting a rezone of a
601-acre site from the Estates (E) Zoning District to the Mixed-Use Planned Unit
Development (MPUD) Zoning District for a project known as Chestnut Place MPUD to allow
24,000 square feet of commercial and/or office space and 6,000 square feet of institutional
space for property located at the southeast corner of Immokalee Road (CR-846) and
Everglades Bou!evard on tracts 113 and 114, In Section 29, Township 47 South, Range 28
East. of Collier County, Florida
1/29/200890000 AM
Prepared By
Willie Brown
Community Development &
Environmental Services
Principal P~anner
Date
Zoning & Land Development Review
112/20088;38;54 AM
Approved By
i10rm E, Feder, AICP
Transportation Services
Transportation Division p,dministrator
Date
Transportation Services Admin.
1/2/20082:39 PM
Approved By
Nick C2salangu:da
Transportation Services
MPO Director
Date
Transportation Planning
1/2/20084:09 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief P:anner
Date
Zoning & Land Development Review
117t2008 12:32 PM
App,'oved By
Marrene Stewart
Community Development &
Envir':lnmental Services
Executive Secretary
Date
Community Development &
environmental Services Admin.
1f9!2008 9:22 Ar\ll
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmenta~ Services Admin.
Date
1/10/200811 ;03 AM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
1116/20088;47 AM
filp-lIr-\A uf>nil~Tf"'d\PYn{)rt\QQ_ hnll~r\..,ol..7()'")Q oI.-.7n?()()R\ 17 ol.,70,11l\!1I'\l1 A R YOl,,70AGFNn
1 n,nOOR
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Page 20f2
,;;';Jsnda Item r~Q, 17C
January 29, 2008
Page 12 of 129
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/16/200810:18 AM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
1f22/2Q08 8:16 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
1/22/2008 1:42 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
1/22/20082:01 PM
Approved By
James V. Mudd
Board of COU;lty
Comm:ssion0~S
County Manager
Date
CO~i1ty Manager's Office
1/22/20088:-49 PM
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,1\.Q?nl4'1 !~Jl1 r,Jo, 17C
AGENl'AJahggrh9, 2008
Page 13 of 129
Co1W~r County
~~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: NOVEMBER IS, 2007
SUBJECT: PETITION PUDZ-2007-AR,11121, CHESTNUT PLACE MPUD
AGENT/APPLICANT:
Owner: Chestnut Ridge, LLC
3785 Airport Road, North, Ste B
Naples, FL 34105
Agent: William Hoover, AICP
Hoover Planning & Development
3785 AirpOlt Road, North, Ste B
Nuples, FL34105
REQUESTED ACTION:
The petitioner requests the Collier County Planning Commission (CCPC) consider a rezone of
the subject 6.0 I ,acre site !l'om the Estatcs C'E") Zoning District to the Mixcd-Use Planned Unit
Development (MPUD) Zoning District. The project will be known as the Chcstnut Place MPUD
and proposes a mix of commerciul and institutional uses. The proposed MPUD, if approved, will
accomplish the equivalent of a conditional use on Tract 114 for the institutional use tract. Refer
to the GMP Consistency section for further explanation,
(;EOGRAPHIC LOCATION:
The subject propelty is located in Goldcn Gate Estates at the southeast corner of Immokalee
Roud (CR-846) and Everglades Boulevurd on tracts 113 illld 114, in Section 29, Township 47
South, Range 28 Eust, of Collier County, Florida. (See illustration on the following ]lage.)
PURPOSE/DESCRIPTION OF PRO.JECT:
The proposed MPUD, if approved, will allow a maximum 24,000 square feet of commercial
and/or office uses on Tract 113, and 6,000 sqltare fcet of institutional uses including a church and
day care on Tract 114. The 4.05 acre commercial tract would consist of uses comparable to uscs
permitted in [he C,] thru C-3, General Commercial Zoning Districts. The 1.96 acre institutional
tract would consist of a church and day care uses.
AR- 11121, Chestnut Place MPUD
Page 1 of 12
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Agenda Item No. 17C
January 29, 2008
Page 15 of 129
Tract] 14 would become eligible for E, Estates Conditional Uscs under the Conditional Uses
Subdistrict of the Neighborhood Center Transitional Use Provision in the GGAMP, if Tract 113
is rezoned to a commercial zoning district. The proposed MPUD, if approved, would permit the
conditional uses by right, and limits those uses to Tract 114.
The site plan submitted is a shared plan which clearly distinguishes between the commercial tract
(Tract 113) and the institutional tract (Tract 114). Aeeess is shown to be provided from both
Immokalee Road and Everglades Boulevard. In addition, a 50.foot wide natural and undisturbed
preserve area is shovm adjaeent to existing residential areas east of the site. The preserve area is
shown in combination with landscape buffers totaling 75 feet wide along thc southcrn and
eastern borders of the site, All proposed buildings would have a common architectural theme.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Surrounding:
The site is presently vacant; zoned Estates "E".
North:
East:
South:
West:
Agrieultmalland; zoned A-MIlO
Single family dwelling; zoned Estates "E"
Vacant land; zoned Estatcs "E".
Big Corkscrew Island Fire Control & Rescue District; zoned
Estates "E".
Aerial Photo
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AR- 11121, Chestnut Place MPUD
Page 2 of 12
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A';j::mda item No. 17C
January 29, 2008
Page 17 of 129
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Zoning Atlas
(Not to same scale and not matched lines)
GROWTH MANAGEMENT I'LAN (GMP) CONSISTENCY:
Golden Gate Area Master Plan (GGAMP):
Tract 113, consisting of 4,05", acres within the lmmokalee Road/Everglades Boulevard
Neighborhood Center Subdistrict, as designated in the Goldcn Gate Area Master Plan (GGAMP),
is eligible for commercial uses. Tract 114, consisting of 1.96", acres, within the Conditional
Uses Subdistrict in the GGAMP, outside of the Neighborhood Center, would be eligible f'or
Conditional I Jses. Critcria' of the Neighborhood Center Subdistrict as relatcs to Tract '114 is
listed below followed by staff analysis. Similarly, the criterion of thc Conditional Use
Subdistrict criteria are listed Followed by staff analysis as wcll.
Neighborhood Centcr Subdistrict - Recognizing the need to provide basic goods, services and
amenities to Estates residcnts, Neighborhood Centers have been designated on the GGAMp, The
Neighborhood Center designation docs not guarantee that commercial zoning will be granted.
The designation only provides the opportunity to request commercial zoning.
Neighborhood Centers are located along major roadways and are distributed within Golden Gate
Estates according to conunercial demand estimates. The centers are designed to concentrate all
new commercial zoning, and conditional uses in locations where traffic impacts can be readily
accommodated in an effort to avoid strip and disorganized patterns of commercial and
conditional use development.
AR- 11121, Chestnul Place MPUD
Page 3 of 12
r'\a2ilca Item No. 1lC
~ January 29, 2008
Page 18 of 129
The Immokalee Road a.nd Everglades Boulevard Center is locatcd in the SW and SE quadrants
of the intersection and the parcels lie east and south of the Fire Station. The portion of the
Center lying south of the Fire Station is approxima.tely 5.15 acres in size and consists of Tract
128, Unit 47. The southeast quadrant of the Center, lying east of the Fire Station is
approximately 4.05 acres in size and consists of Tracts 113 and 1 G, Unit 46.
Criteria for land uses at NeiE!hborhood Centers (on Tract] ] 3) are as follows:
. Commercial uses shall be limited to intermediate commercial so as to provide [or
a wider variety of goods and services in areas that have a higher degree of
automobile tralIic. These uses shall be similar to C-l, C-2, or C-3 zoning districts
outlincd in the Collier County Land Development Code (LDC) (Ordinancc 04-41,
adopted June 22, 2004), except as prohibited below. [All of the permilled uses are
provided for ill Exhibit .4, Item 3..4 of the MPUD, alld are with ill the C-I
thl'Ouglt C-3 ZOllillg districts.j
. Parcels immediately adjacent to commercial zoning within the Neighborhood
Centers located at the intersections Golden Gate Boulevard and Wilson
Boulevard, Golden Gate Boulevard and Everglades Boulevard, Everglades
Boulevard and Immokalee Road may qualify for Conditional Use under the
transitional conditional use provision of the Conditional Uses Subdistrict of this
Master Plan Element. [Providedfor 011 the MPUD Mastel' Plall.j
. A single project shall utilize no more than 50 % of the total allowed commercial
acreage. This percentage may be increased at the discretion of the Board of
County Commissioners (BCe). jThe Neighborhood Center component of this
project comprises <50 percent of the total Neighborhood Cell tel' alld < 50
percellt of the sOl/theast ql/adrallt of tile Neighborhood Celltel'.j
. The project shall make provisions for shared parking arrangcmcnts with adjoining
developments. [Providedfor ill Exhibit E, Item 4..4 of the MPUD Docl/1IIelIt.j
. Access [Joints shall be limited to one [Jer ISO feet comlllencing from the right,o[,
way of the mitior intersecting streets o[the Neighborhood Ccntcr. A maximum of
three curb cuts per quadrant shall be allowed. jBased UpOIl access depicted all the
revised MPUD Mastel' Plall, botll access poillts appeal' to be atlem'1180' fr011l
tile illtersectioll rigllt-of-lI'ay.j
. Drivcways and curb cuts shall be consolidated with adjoining dcvelopments,
whenever possible.jBased UpOl1 access depicted Oil the MPUD Master Plall, the
access poillt 011 Im1ll0kalee Road is shared between tile portioll of the site illside
the Neighborhood Cell tel' (/lId the portioll outside of it. Though the access poillt
011 Everglades Boulevard is 1I0t proposed as shared access with the parcel to the
sOl/th, a cross access easement is pJ'oposed.j
AR, 11121, Chestnut Place MPUD
Pags 4 of 12
Agenda Item No. 17C
January 29, 2008
Page 19 of 129
. Driveways accessing parcels on opposite sidcs of the roadway shall be in direct
aligmnent, except when the roadway median bctwccn the two parcels has no
opcning. [This has not beell addressed ill the MPUD, Iwwel'C/", ill tlte
applicant's re,~ponse, "access on the west side of Everglades Boulevard referred
to is not a legal access for the fire department, but mther a dirt lalle that
appears to be no 10llger used. The key factor here is we have puslted tlte
driveway along Everglades Boulevard to as far south as possible to share it witlt
the adjoiniug property to the south and at tlte request of the COUllty
Tmllsportation SerJ1ices for traffic safety Ill/d flow purposes." Therefore, staff
defers this to the Tril1L~portatiou Department as part of their filial review.j
. Projects shall provide a 25-foot wide landscape buffcr abutting the external right-
of-way. This buffer shall contain two staggered rows of trees that shall be spaced
no more than 30 feet on center, and a double row hedge at lcast 24 inches in
height at time of planting and attaining a minimum of three feet height within one
year, A minimum of 50 percent of the 25,foot wide buffer arca shall be
comprised of a meandcring bed of shrubs and ground covers other than grass.
Existing native trees must be rctaincd within this 25-foot wide butTer area to aid
in achieving this buffer requi"ement; other existing native vegetation shall be
rctaincd, whcre possible, to aid in achieving this buffer rcquirement. Water
retention/detention areas shall be allowed in this buffer area if left in natural state,
and drainage convcyance through the buffer area shall be allowed if neccssary to
reach an extemal outfall. [Providedfor ill Exhibit E, Item 5.A. of the MPUD.f
. All buildings shall have tile roofs, 'Old Style Florida' metal roofs, or dccorative
parapet walls above the roofline, Tile buildings shall be i1nished in light, subdued
colors, except IeI' decorative trim. {P/'ovided for ill Exhibit E, Item 4.C of the
MPUD.f
. Building heights shall be limited to one (1) story, with a maximum height of
thirty,f1ve (35) feet. This provision only applies east of Collier Boulevard.
{Providedfor ill Exhibit B, of the MPUD.j
. All lighting facilities shall be architecturally-{{esigned, and shall be limited to a
height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring residential land uses. fPr01lided fo/' ill Exhibit E, Item 4.F. of the
MPUDf
. Commercial uses shall encourage pedestrian traf1ic through placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking areas.
Adjacent projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center is created.fProvidedfo/' ill Exhibit E,
Item 4.D. of the MPUD.f
. All buildings and projects within any single specific quadrant of the Subdistrict
shall utilize a common architectural theme. This theme shall be applicable to both
AR- 11121, Chestnut Place MPUD
Page 5 of 12
Ag,::mda Item No. lIe
January 29, 2003
Page 20 of 129
building design and signage. [Provided for in ~xhibit E, Item 4.e. of the
MPUD.]
. No building footprint shall exceed 5,000 square feet, unless the project is
submitted in the form of a PUD. Walkways or courtyards shall connect adjaccnt
buildings. This provision only applies east of Collier Boulevard. [Project
submitted as MPUD and addresses this requirement in ~xhibit E, Item S.D. of
the MPUD document.]
. Drive-through cstablishmcnts shall be limited to banks, with no more than 3
lanes; the drive-through areas shall be architecturally integrated with the rest of
the building. This provision only applies east of Collier Boulevard. [Provided fOl'
in Exhibit A, Item 3.e. of the MPUD./
. Fcnces or walls may bc constructed on the commercial side of the required
landscape buffcr bctwccn adjaccnt commercial and residential uses. If
constructed, such fcnces or walls shall not exceed five (5) feet in height. Walls
shall be constructed of brick or stone. Fences shall be of wood or concrete post or
rail typcs, and shall be of open design (not covered by slats, boards or wire).
[Providedfor i1l Exhibit E, Item S.e. of the MPUD.]
. Projects directly abutting residential property (property zoned E-Estates and
without an approved conditional use) shall provide, at a minimum, a seventy-fivc
(75) foot wide buffcr in which no parking uses are permitted, Twenty,fivc (25)
fect of the width of the buffer along the developed area shall be a landscape
buffer. A minimum of fifty (50) feet of the buffcr width shall consist of retained
native vegetation and must be consistcnt with subscction 3.9.5.5.6 (now 3.05.07)
of the Collier County Land Devclopment Code (LDC). The native vegetation
retention arca may consist of a perimeter berm and be used for water managcment
detention. Any newly constructed berm shall be revegetated to meet subseetion
3.9.5.5.6 (now 3.05.07) of the LDC (native vegetation replanting requirements),
Additionally, in order to be considered for approval, use of the native vegetation
retention area for water management purposes shall meet the following criteria:
a. There shall be no adverse impacts to the native vegetation being retained.
The additional water directed to this area shall not increase the annual
hydro-period unless it is proven that sneh would have no adverse impact to
the existing vegetation.
b. If the projeet requires permitting by the South lilorida Water Management
District, the project shall provide a letter or official document from the
District indicating that the native vegetation within the retention area will
not have to be removed to comply with water management requirements.
If the District eannot or will not supply such a letter, then the native
vegetation retention area shall not be used for water management.
c. If the project is reviewed by Collier County, the County engineer shall
provide evidence that no removal of native vegetation is necessary to
AR~ 11121, Chestnut Place MPUD
Page6of12
Agenda item No, 17e
January 29,2008
Page 21 of 129
facilitate the necessary storage of water in the water management area,
[Providedfor in Exhibit E, Item 4.B. of the MPUD.}
· Projects within the Neighborhood Center Subdistrict that are submitted as PUDs
shall provide a functional public open-space component. Such public open-space
shall be developed as green space within a pedestrian-accessible courtyard, as per
Scction 2.4.5.4 (now 4.06,03) of the LDC, as in effect at thc time of PUD
approval, [Providedfor in Exhibit E, Item 5.B. of the MPUD.}
. The following principal permitted uses are prohibited within Neighborhood
Centers:
Drinking Places (5813) and Liquor Stores (5921)
Mail Order Houscs (596])
Merchandizing Machine Operators (5962)
Power Laundries (7211)
Crematories (7261) (Does not inelude non,crematory Funeral Parlors)
Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331)
NEC Recreational Shooting Ranges, Waterslidcs, ctc. (7999)
Gencral Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals
(8069)
Elementary and Secondary Schools (8211), Colleges (8221), Junior Colkges
(8222)
Libraries (8231)
Correctional Institutions (9223)
Waste Management (9511)
Homelcss Shelters and Soup Kitchens.
Rcfuse Systems, including hazardous matcrials (4953)[PrOl'idedfor illlixflibit A,
Item3.D. of the MPUD.}
Neighborhood Center Transitional Conditional Use Provisions:
Tract 114, not locatcd in the Neighborhood Center, allows for conditional uses within the
Conditional Uses Subdistrict (immediately adjacent to the Neighborhood Centcr) subject to the
following criteria, which is followcd by staff analysis:
I. Propcrtics eligible for conditional uses shall abut the arterial or collector road
serving the Neighborhood Center, [111e project is located 011 the south side 0/
Immokalee Road which is a MillOI' Arterial HiglllVl/Y.}
2. Such uses shall be limited to transitional Conditional Uses that are compatible with both
residential and commcrcial such as churches, social or fraternal organizations, childcare
centers, schools, and group care facilities, [Provided/or 11llixhibit A, Items 3.B.(l) ami
(2) as allowable uses.}
AR.11121, Chestnut Place MPUO
Page 7 of 12
Agenda ITem No, 17C
January 29, 2003
Page 22 of 129
3. All Conditional Uses shall make provisions for shared parking arrangements with
adjoining developments whenever possible, /Pr01lidedfor ill Exhibit E, Item 4.A. of the
MPUD./
4. Conditional uses abutting Estates zoned propeliy shall provide, at a minimum, a 75-foot
buffer of native vegetation in which no parking or water management uses arc permitted,
/provided for 011 the 1I1PUD M{lster Plall amI ill Exhibit E, Item 5.B. for residelltial
property to tlte east {lIId soath./
5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall,
whenever possible, share parking areas, access and curb cuts with the adjoining
commercial use, in order to facilitate traffic movement. /The MPUD iI/aster Plall
depicts a sltared access point witlt tlte commercial tract to tlte west with ill the
Neighborltood Cellter. Tlte MPUD also provides for s/ulred parkillg alld illtemal
access ill /:.xhibit E, Item 4.A. of the MPUD./
If Tract 113 is rezoned to a commercial zoning district, then the abutting Tract 114 would be
eligible for E, Estates Conditional Uses under the Conditional Uses Subdistrict, Neighborhood
Center Transitional Conditional Use Provision, in the GGAMP. Rather than tile two petitions. a
rezone petition for commercial uses on Tract ] 13 and a companion conditional use petition for
Tract 114 - the petitioner has submitted a single rezone petition requesting commercial uses on
Tract 113 and some of those "E" district conditional uses on Tract 114. Procedurally, there is
little difference between a rezoning and a conditional use - all public notice requirements (sign
posting, letter to surrounding property owners, legal ad) are the same, but a rezone is approved
by ordinance by tbe RCC whereas a Conditional Use is approved by resolution by the BCC
acting as the Board of Zoning Appeals (RZA), and, if no developmcnt activity occurs within 3
years, a CU petition expires whereas a PUD rezone petition would sunset. Simply put, thc
petitioner is seeking the same uses allowed by the GGAMP, but is doing so via one petition
instead of two. Comprehcnsive Planning staff has no objection to this approach and could
support an interpretation of the GGAMI' to allow such, However, Comprehensive Planning
defers to the Department of Zoning and I.and Developmcnt Review to detcrmine the appropriate
petition process to follow.
Policy 5.1.1 contains specific provisions pCliaining to st.reet and parking lot lighting in Golden
Gate Rstates./Tlte applicalltltas addressed this isslle in Exhibit E, Item 4.F. {if the lVlPUD.]
Conclusion: Based on the above analysis, staff concludes that this rezone request may be found
consistcnt with the Golden Gate Area Master Plan.
Transportation Element: Tl'anSpOliation Planning staff has evaluated this petition, and advises
that the proposal is consistent with Policics 5.1 and 5.2 of the TranspOliation Element of the
GMP.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
tavorable determination must be based, These criteria arc specifically noted in Section 10,02.13
AR~ 11121, Chestnut Place MPUD
Page 8 of 12
Agenda Item No, 17C
January 29, 2008
Page 23 of 129
and Section 10.02.l3.B,5 of the LDC and required staff evaluation and conmlent. The Collier
County Planning Commission to the BCC also uses these criteria as the basis for their
recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a
factual basis for supportive action hy appointed and elected decision-makers. Each of the
potential impacts or considerations identified during the staff review are listed under each of the
criterion noted and are summarized by statf, culminating in a determination of compliance, non-
compliance, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staffrepOlt (See Exhihit "A" and Exhihit "B").
Transportation Analysis: TranspOltation Department staff has reviewed this petition, and
recommends approval subject to the Developer Commitments in Exhihit E of the PUD
document. This includes a requirement that the additional right-of-way depicted on the master
plan shall be dedicated on a plat or conveyed in fee simple by deed, more particularly described
as follows:
The additional right-of-way shown on the MPUD Master Plan shall be dedicated
on a plat or conveyed in fee simple by deed at no cost to Collier County within
180 days of approval of the Chestnut Place MPUD. More specifically, this
additional right-ot~way shall be 50 feet in width along the project's entire frontage
along the Everglades Boulevard right-of-way and 39 feet in width along the
project's entire frontage along the Tmmokalee Road right-of,way.
Environmental Analysis: Environmental Services staff has reviewed this petition and the PUD
document and recommends approval. They note that commercial projects directly abutting
residential propelty shall provide a minimum 75-foot wide buffer (of which no parking is
allowed), 25,feet of which shall be along the developed area, and a minimum 50 feet shall
consist of retained native vegetation pursuant to subsection 3.05.07 of the LDC. The applicant's
master plan complies with this requirement. The Environmcntal Advisory Committee (EAC) did
not hear this request as the subject tract is less tban 10 acres.
Public Utility Analysis: Utilities staff has reviewed tbis petition, and bas no objection to the
project as the project location is l1(1t within Collier County Water, and Sewer District., The
developer notes that the project shall utilize wcll and septic systems until it is within an
authorized water and sewer scrvice area and central watcr and sewer services are available.
Zoning Department Analysis: Zoning staff has reviewed this petition and concurs with the
findings of Comprehensive Planning. The proposed rezone and use for Tract 113 is consistent
with the commercial classification of the Tmmokalee Road/Everglades Boulevard Neighborhood
Center Subdistrict as designated in the Golden Gate Area Master Plan (GGAMP).
Tn addition, neighborhood centers are designed to concentrate all new commercial zoning and
conditional uses in locations where traffic impacts can be readily accommodated in order to
avoid strip and disorganized patterns of commercial development. The subject site being
located at tbe lmmokalee Road/Everglades Boulevard intersection is a highly appropriate
oppOltunity for diverse uses.
AR-11121, Chestnut Place MPUD
Pag6 9 of 12
Agenda 11em No. 17C
January 29, 2008
Page 24 of 129
The differences between the Estates Zoning District and MPU]) Zoning District property
development regulations are shown in the table below.
Zoning
District
Front Yard
Side
Yard
Rear
Yard
Lut ArtA
(sq ft)
Lot
Width
Zoned Building
Height
*MI?UD
25
15
15
10,000
100
All numbers shown are the required minimum amounts
'75 foot buffers are required in areas adjacent estate zoned areas
If the rezoning is approved, pursuant to the requirements of the LDC, the petitioner would be
required to provide a 75,foot wide Type B buffer (in which parking is not allowed) abutting the
estate zoned lots alDng the eastern and southern perimeter of the site, and a 25-foot wide Type C
buffer abutling Illlmokalee Road and Everglades Boulevard along the northern and western
perimeter of the site.
The proposed change to the MPUD Zoning District is not anticipated to have an adverse effect
upon the surroundinl! area if the project is found compliant with neighborhood center
subdistrict development criteria as stipulated in the GGAMP. As such, the proposed project is an
optimal proposed development and use of the site considering (1) its location at a high traffic
impact intersection, (2) opportunity to provide a limited variety of goods and services within
pedestrian and/or cycling distance in close proximity to residentio.l o.rcas, and (3) acreage of the
site to accommodate the required buffering and landscape requirements in ordcr to minimize
impacts to neighboring residential properties; thereby increasing the likely succcss of the
proposed new use.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Synopsis provided by Linda Bedte1yon, Community Planning Coordinator:
The neighborhood information meeting was held by the Petitioner at the Big Corkscrew Island
Fire Station 011 June 28, 2007. Three neighboring property owners, the applicant's team and
county staffwerc present. A summary of the meeting is as follows:
. Of those who spoke, the neighbor directly adjacent to the site strongly objected to
thc proposed development, saying it would negatively impact his quality oflife. A
discussion about buffers between the residential properties and the commercial
district took place. Mr. Rich Yovanovich said they (the applicants) would
consider a rcquest for a concrete wall as they go through the process.
. Mr. Hoover explained that after discussions with the county, the applicants
decreased the amount of commercial square footage proposed from 36,000 square
reet to a maximum of 24,000 square feet.
AR. 11121, Chestnut PlaCB MPUD
Page 10 of 12
Agenda Item ~Jo, 17C
January 29,2008
Page 25 of 129
. When asked what types of commercial uses would be allowed, the agents
mentioned, a bank, a convenience store with gas pumps, small restaurants, and
neighborhood services,
TIle meeting concluded at approximately 7: J 5 PM.
RECOMMENDATION:
Staff recommends that Collier County Planning Commission (CCPC) forward petition PUD-
2007-AR-1112l to the Board of County Commissioners (BCC) with a recommendation of
approval subject to the Developer Commitments shown in Exhibit E of the proposed PUD
document.
AR~ 11121, Chestnut Place MPUD
Page11of12
!\gensa Item No, 17C
January 29, 2008
Page 26 of 129
I'REPARED BY:
~:.9-h ~ u....-.
WILLIE BROWN, AICP, PRINCIPAL PLANNER
DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
\<:>h~'1
DATE
REVIEWED BY:
-,1-7 *
DATE
.. ?Jt-l
- , -. /I ~
Ii
( ,t:- '~-
RA YMO V, BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
\0 - 24 ~~'l
DATE
..LPv, Ln7, v-e.JJ6;/)1.,t~
USAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
/0 h!.j f)
DATE
APPROVED BY:
/0 /r)07
P K, SCHMlTT, ADMINISTRATOR DATE
UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tcntatively schcduled for thc January 29, 2008 Board of County Commissioncrs Meeting,
COLLum COUNTY PLANNING COMMISSION:
_N\~ P ~'-~,
MARKP,\STRAIN, CHAIRMAN
\
AR. 11121, Ches(nul Place MPUD
Page 12 of 12
ORDINANCE NO, 07,_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMiSSIONERS OF COLLlER COUNTY, PLOlUIJA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, IlY AMENJ)lNG THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING TIlE ZONING CLASSIFICATION OF TIlE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A MlXED USE
PLANNED UNIT DEVELOPMENT (MpUD) ZONING
DISTRICT FOR THE CHESTNUT PLACE MI'UD TO
ALLOW A MAXIMUM OF 24,000 SQUARE FEET OF
pERMI1TED COMMERCIAL USE FLOOR AREA
WITH A MlXTURE OF RETAIL AND OFFICE USES,
AND A MAXIMUM 0[1 6,000 SQUARE FEET OF
FLOOR AREA [lOR CHURCH AND/OR DAY CAR[J
FACILITIES AS CONIJlTIONAL USES, ON
PROPERTY LOCATED ON IMMOKALEE ROAD (Ci{
846) AND EVERGLADES IlOULEVARD, IN SECTION
29, TOWNSHIP 47 SOUTH. RANGE 28 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF
5,71+/. ACRES; AND BY PROVIDING AN EFFECTIVE
DATE,
WHEREAS, William Hoover of Hoover Planning and Development, h~c.. and Richard
Yovanovicb, Esq., of Uoodlette, CoJemun and Juhwwn, P.A., representing Chestnut Ridge, LLC,
pchtioncl.llhe Board of County COll1mis~ioncrs to change the zoning cl::k~sificf\tioll of the herein
descrihed real property.
NQW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, [lLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 29,
Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Mixed Use Planlled Unit Development (MPUD) Zoning District fot' the
Chestnut Place MPUD in accordance with Exhibits A through E. atUl,cbcd hereto <Iud
lHcorporatcd by reference berein. The appropriate zoning atlas map or maps. as described in
Ordinance Number 2004-41, as amended, the Collier COlluty Land Development Code, is/arc
hereby amended accordingly,
SECTION TWO:
This Ordinance shall become effective upon filing with tile Department of Slate.
Page I of2
Age~da Ilem No, 17e
January 29, 2008
Page 27 of 129
PASSED AND DULY ADOPTED by supcr.majonty vote of Ibe Board of Coullty
Commissioners of Collier County, Florida, this _ day of
, Z007,
ArrEST:
DWIOHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
fly:
JAMES COLETTA, CHAIRMAN
,Deputy Clerk
Approved as to form
"nd legal sufficiency:
" .,~~o
Mmjor M, Student-Stirling
AS:iislant County Attorney
ExhibH A - Lise of Allowable Uses
ExhibitB - Development Standards
Exhibit C - Mnstcr Plan
Exhibit D - Legal Descriplion
Exhibit E .- List of Dcvclopc.r Commitmellts
Page 2 of2
Agenda item No. 17C
January 29,2008
Page 28 of 129
Agenda Item No, 17C
January 29. 2008
Page 29 of 129
EXHIBIT "A"
COMMERCIAL AND INSTITUTIONAL TRACTS PLAN
LIST OF ALLOWABLE USES
1. PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Tract and Institutional Tract as shown on Exhibit "c" MPUD Master
Plan.
2. GENERAL DESCRIPTION
The MPUD Master Plan is intended to provide for both commercial and
institutional land uses. The Commercial Tract designated on Tract 113 on the
MPUD Master Plan is intended to provide retail and/or office uses limited to a
floor area of 24,000 square feet. All commercial areas shall be developed with a
common architectural theme that includes buildings and signs. The Institutional
Tract designated on Tract 114 on the MPUD Master Plan is intended to provide
child care and/or church uses limited to a floor area of 6,000 square feet.
3. PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures on Commercial Tract 113:
(1) Apparel and accessory stores (groups 5611 - 5661).
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation).
(3) Business services (groups 7311, 7334 - 7336, 7377, 7378, 7384),
(4) Child care centers (group 8351).
(5) Churches (group 8661),
(6) Depository institutions (groups 6021-6062).
(7) Eating places (group 5812 except for restaurants with a drive-
through facility are not permitted). Consumption of alcoholic
,\gsnda Item No, 17C
January 29, 2008
P~ge 30 of 129
beverages on premises shall be subject to requirements of the
LOC).
(8) Engineering, accounting, and bookkeeping services (groups 8711 -
8721, 8748),
(9) Food stores (groups 5411 including convenience stores with
gasoline pumps, 5421 ,5499),
(10) Gasoline service stations (group 5541 but excluding sales of diesel
fuel to heavy trucks over 1 ton rated capacity).
(11) General merchandise stores (group 5399).
(12) Hardware supplies (groups 5231 ,5251).
(13) Health services (groups 8011 ' 8049),
(14) Home furniture, furnishings and equipment stores (groups 5714,
5719,5734,5736),
(15) Insurance carriers, agents, and brokers (groups 6211,6311 - 6399,
6411).
(16) Legal services (group 8111).
(17) Miscellaneous retail (groups 5912, 5941 - 5949,5992).
(18) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant),
(19) Personal services (groups 7212,7221 -7251,7291).
(20) Physical fitness facilities (group 7991),
(21) Real estate (groups 6531,6541),
(22) United States Postal Service (group 4311 except major distribution
center),
(23) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding).
Agenda Item No. 17e
January 29, 2008
Page 31 of 129
(24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning
districts, and not prohibited in Section 3.D., that is deemed
appropriate by the Board of Zoning Appeals,
S, Accessorv Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank.
C. Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden
Gate Area Master Plan as Conditional Uses):
(1) Churches (group 8661),
(2) Child care centers (group 8351),
D. Prohibited Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921),
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962),
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261),
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331).
(5) Amusement and recreation services (group 7999).
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069),
(7) Educational services (groups 8211 - 8231),
(8) Correctional institutions (group 9223),
(9) Environmental resource and solid waste management (group
9511),
(10) Homeless shelters and soup kitchens,
Agenda item t~o, 17C
January 29, 2008
Page 32 of 129
(11) Refuse systems, including hazardous materials (group 4953).
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
Agenda Item No, 17C
January 29, 2008
Page 33 of 129
DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Everglades Blvd, ROW
From Immokalee Road ROW
From other MPUD Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
MINIMUM DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
PRINCIPAL USES
10,000 Sq, Ft
100 Feet
25 Feel
25 Feet
25 Feet
15 Feet
15 Feet
15 Feet
35 Feet and 1 Story
700 Sq, Ft:
'Per principal structure on the finished first floor.
SPS = Same as Principal Structure
ROW = Right-of-Way
ACCESSORY USES
Not Applicable
Not Applicable
SPS
SPS
SPS
10 Feet
10 Feet
10 Feet
35 Feet
Not Applicable
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD, Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LDC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUD 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, 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 in the LDC shall apply,
Agenda 11em ~'Jo, 17C
January 29, 2008
Page 2,4 of 129
EXHIBIT "e"
MPUD MASTER PLAN
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Agenda Item No, 17C
!:::"'1"2"( ')Q nn,q
Page :;5 ot 128
:'\genda item No. 17C
January 29, 2008
Page 36 of 129
EXHIBIT "0"
LEGAL DESCRIPTION
The subject property being 6,01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier
County, Florida.
A-:Janda Itam r~o, 17e
January 29, 2008
Paga 37 of 129
EXHIBIT "E"
LIST OF DEVELOPER COMMITMENTS
1. UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available.
2, TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FOOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FOOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition,
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C, Access points shown on the MPUD Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved.
D. Site-related improvements (as opposed to system.related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction, Since both Everglades Boulevard
widening and Immokalee Road widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUD), this site shall be required to install a minimum 50-
foot radius at each right-in access to this site, Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff, and as such shall be a requirement of this MPUD. The amount of
PIL shall be negotiated by the developer and the County at the
appropriate design phase of adjacent roadway improvements. Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL. The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways.
Aaenda Item No. 17C
, ,January 29, 2008
Page 38 of 129
E, Nothing in any development order (DO) shall vest a right of access in
excess of a right,in/right-out condition at any access point. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee. Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public. Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity.
F. If any required turn lane improvement requires the use of any existing
County rights-ot-way or easement(s), then a compensating right-of.way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application, The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns, The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO.
H. The additional right-of-way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUD, More
specifically, this additional right-of,way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right-of-way and
39 feet in width along the project's entire frontage along the Immokalee
Road right-ot-way.
3. ENVIRONMENTAL
A minimum of 0.61 acres (15% of the 4.06 acres of native vegetation on site)
shall be required to be retained or replanted,
4. PLANNING
Aaenda Item No, 17C
" January 29. 2008
Page 39 of 129
A. Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts. The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process.
B. A functional public open-space component shall be provided. Such public
open-space shall be developed as green space within a pedestrian-
accessible courtyard, as per the LOC, in effect at the time of this MPUO
approval date.
C. All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline. All of the buildings and signs
shall have a similar architectural style and be finished in light, subdued
colors, except for decorative trim. Bank drive-through facilities shall be
architecturally integrated with the bank building.
D. Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking
areas. Walkways or courtyards shall connect adjacent buildings. Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created.
E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
F. All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses,
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward. Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area.
(2) Parking lot lamps shall be low-pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot, building entrance, walkway or other
area intended to be illuminated.
(3) Where lighting of any recreational area is required, such lighting
structure shall be mounted so as to focus illumination on the area
, "
.~,g.;mda liel1l i\lo. 17e
canuacy 29, 2003
Page 40 of 129
intended to be illuminated, and to limit the amount of light that
extends outside that area.
5. LANDSCAPING AND BUFFERING
A. A twenty,five (25),foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road. This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass. Existing native trees shall be retained
within this twenty-five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall.
B. Where this MPUD directly abuts residential property zoned E-Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted. Twenty,five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer, A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LOC, The native vegetation retention area
may consist of a perimeter berm. Any newly constructed berm shall be re-
vegetated consistent with the LOC,
C, If a fence or wall is constructed between abutting commercial and
residential uses, it shall be constructed on the commercial side of the
required landscape buffer and shall not exceed a height of five feet. Walls
shall be constructed of brick or stone. Fences shall be of wood or
concrete post or rail types, and shall be open design (not covered by
slats, boards or wires).
Agenda Item No. 17e
January 29, 2008
Page 41 of 129
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2007-AR-11121
Chapter 1O.03.05.G of the Collier County Land Development Code (LDC) requires that the report and
recommendations of the Planning Commission to the Board of Connty Commissioners show that the
Planning Commission has studied and considered the proposed change in relation to the following,
where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and policies of
the Future Land Use Rlemcnt (FLUE) and Future Land Usc Map and the elements of the
Growth Management Plan (GMP).
Pro: COW1ty staff has reviewed this petition and has offered an in,depth analysis (see staff
report) of the relevant goals, objectives and policies of the Future Land Use Element and the
Transportation Element of the OMP offering a recommcndation that this petition be found
consistent with the overall GMP.
Con: Neighboring residential property owners could perceive the proposed commercial uses as
a potential nuisance such as noise and traffic.
Findings: Based upon staff's review, the proposed development is in compliance with the
Future Land Use Elemcnt (FLUE) of the Growth Managcmcnt Plan (GMP) and all other
relevant goals, objcetives and policies.
2. The existing land use pattern.
Pro~ The Location and 7.oning Maps that are attached to the staff report show thc Chestnut
Place MPUD site is located along a major arterial (Immokalee Road) betwecn vacant parcels to
the north, west and south of the subject property. This project would provide a limited variety
of goods and services to the immediate neighborhood reducing travel times generated by home
and shopping trips.
Con: The proposed retail and office land uses will bring additional vehicular trips to this area
because the site is currently undeveloped,
Findings: Land use pattcrns are inl1uenced by several key factors such as GMP goals and
objectives, access to major roadways, necessity, developmcntal oppOliunities, etc. . . North,
south and west of the subject property are vacant lots in the Estates Zoning District. All are
within the Neighborhood Center Subdistrict. The property is at the intersection of a major
intersection where there is a high volume of traffic. The lml110kalee Road right-of,way
fronting the properly is also proposed for expansion frol11 two lanes to four. Based on the
Futnre Land Use Element (FLUE) and Land Development Code (LDC), staff has not found
incompatible uses, This rezoning and OMP subdistrict were tailored specifically for this area
of the County for these particular land uses.
3. The possible crcatioll of all isolated district unrelated to adjacent and nearby districts.
Pro: The proposed rezone IS consistcnt with the GMP's Immokalee/Everglades Road
Neighborhood Subdistrict.
Pago 1 of 5
/\::.;enda Item No.17e
~ January 29, 2008
Page 42 of 129
Con: None,
Findings: This petition does create an isolated district; however, because the subject parcel is
of sufficient size and is compatible with adjacent and ncarby land uses and protections are in
place as written into the GMP in the form of buffering and landscaping, the potential for
incompatibility is minimal.
4. Whether existing district houndaries are illogically dl'awn in relation to existing
conditions on the )>I'operty proposed for change.
Pro/Con: Evaluation not applicable.
Findings: The distdct boundaries are not illogically drawn. Goldcn Gate Estates was platted as
a residential subdivision. Provisions at the time of platting were not made for complimentary
neighborhood commcrcial uses. It was initially intended that residential dwelling units would
be constl'llcted from boundary to boundary, but recent GMP amendmcnts have plotted a
diffcrent course. That course would be the guidelines of the Immokalee/Everglades Road
Neighborhood Subdistrict.
5. Whether changed or changing conditions make the passage of the proposed land use
change nceessary.
Pro: The proposcd change is consistent with the recently crcated GMP Neighborhood Center
Subdistrict designation for the subject propcrty to allow commercial uscs to serve the various
neighborhoods within Golden Gate Estates.
Con~ None,
Findings: The proposed zoning change is appropriate based on because of its relationship to
the FLUE (Future Land Use Element of the GMP),
6. Whether the proposed change will advcrsely influcnce living conditions in thc
neighborhood.
Pro: The proposed MPUD rezone will not adversely affect living conditions in the area
because of increased setback, buffering and landscaping requirements, Acccss wiII be limited
to one or two drives, and dircctionallighting is requircd to bc containcd on,site.
Con: The proposed uses could increase the intensity of traffic in the area.
Findings: The proposed Chestnut Place MPUD would be compatible with adjacent land uses as
well as expected land uses by virtue ofils consistency with the FLUE of the GMP.
7. Whether thc proposed change will ercate or excessivcly incl'ease traffic con1:estion or
create types of traffic deemcd incompatiblc with snrroundin1: land uses because of peak
EXHIBIT A
Rezone Findings
PUDZ-2007-AR-11121
Page 2 of 5
Agenda Item No, 17C
January 29, 2003
Page 43 of 129
volumes or pl'Ojeeted types of vehicular traffic, including activity during construction
phases of the development, or othenvise affect public safety.
Pro: Development of the subject property is consistent with provisions of the TranspOltation
Element of the OMP, therefore, approval of this project should not create types of traffic
deemed incompatible with surrounding land uses and it should not affect the public safety.
Con: None,
Findin~: Evaluation of this project took into account the requirement for consistency with the
Traffic Element of the OMP and the project was found consistent. Additionally, certain
transpOltation improvements are included in the Developer Commitments section of the PUD
document.
8. Whether the proposed change will create a drainage problem.
Pro: Road improvcmcnts precipitated by this development and water management
improvements to accommodate site developmcnt are designed to accommodate the normal
drainage requiremcnt and are already in place for the most pmt,
Con: Urbml intensification (undeveloped vs. developed) could potentially increase area.wide
flooding in a severe rainfall event.
Findings: Every project approved in Collier County involving the utilization of land for some
land use activity is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities.
9. Whethel' the proposed change will scriously reduce light and air to adjacent areas.
1'1'0: The proposed development standards will cnsure that adequate light and air is allowed to
adjacent propelties.
Con: None.
Findings: All projects in Collier County are subjcct to the development standards that are
unique to the zoning district in which it is located, These developmcnt standards and others
apply generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) were designed to ensure that light pcnetmtion and circulation of
ail' does not adversely affect adjacent areas.
10, Whether the PI'oposed change will adversely affect property values in the adjacent area.
Pro/Con: Evaluation not applicable.
Findings: This is a subjective determination bascd upon anticipated results which may be
intel'l1al or external to the subject property, and which can affect property values. Propelty
EXHIBIT A
Rezone Findings
PUDZ-2007-AR-11121
Page 3 of 5
Agenda item No. 17C
January 29, 2008
Page 44 of 129
valuation is affccted by a host of factors including zoning; however, zoning by itself mayor
may not affcct values, since valuc determination by law is driven by market value. The mere
fact that a propetty is given a new zoning designation mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjaccnt property in accordance with existing regulations.
Pro/Con: Evaluation not applicable.
Findings: The basic premise undcrlying all of the development standards in the Land
Development Code is that their sound application, when combined with the site development
plan approval process and/or subdivision process, givcs reasonable assurance that a change in
zoning will not result in deterrence to improvement or dcvelopment of adjaccnt property.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare.
Pro/Con: Evaluation not applicable.
Findings: The proposed dcvclopment complies with the Growth Management Plan, a public
policy statement supporting Zoning actions when they are consistent with said Comprchcnsivc
Plan. In light of this fact, the proposcd change does not constitutc a grant of special privilege.
Consistency with the FLUE is furthcr dctermined to be a puhlic welfare relationship becuuse
actions consistcnt with plans arc in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
witb existing zoniug.
Pro: The adoption of the GMP amendmcnt designating thc subject site as the
Immokalee/Evergladcs Neighborhood Subdistrict discourages thc use of the site under the
CUl1'ent zoning Estates designation as rcsidential.
~on: None.
Findings: Thc proposed action will bring the zoning into compliance with the GMP
Immokalee/Everglades Road Neighborhood Center Subdistrict; the current zoning is not
compliant with that designation,
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
Pro: Staff believes this development request proposes changes that are within the scale of the
needs of the neighborhood and County.
Con: None.
EXHIBIT A
Rezone Findings
PUDZ-2007-AR-11121
Page 4 of 5
Ag9nda Item No, 17e
January 29, 2008
Page 45 of 129
Findings: The proposed development complies with the Growth Management Plan, a policy
statement which has evaluated the scale, density and intensity of land uses deemed to he
acceptable throughout the urban designated areas of Collier County.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Pro/Con: Evaluation not applicable.
Findings: As noted above, this site is the subject of a specific GMP Sub-district. That Sub-
district was designed to accommodate the specific needs of that area of the County.
16. The physical characteristics of the property lmd the degree of site alteration which would
be ,.equired to make the property usable for auy of the range of potential uses under the
proposed zoning classification.
Pro: Because of GMP increased setback, landscape and buffering requirements, the physical
characteristics of the site will be minimally impacted.
Con: Neighbors may prefer the site in its current existing state. The site is currently vacant
and undeveloped. Neighbors may also prefer residential development permilted under the
existing Estates District to the proposed mixed,use PUD because residential uses are perceived
as less intrusive.
Findin~s: Any development of this site would require considerable site alteration with the
proposed use of this portion of the site,
17. The impact of developmcnt on thc availability of adcquate public facilities and services
consistent with thc Icvels of service adopted in thc Collicl' County Growth Management
Plan and as dcfincd and implemented tlll"ough thc Collier County LDC regarding
Adequate Pnblic Facilities.
Pro/Con: Not applicable
Findings: As this site is outside of the Collier County Water and Sewer District, private septic
tanks and water wells will be utilized until the County's service area has been expanded. Thus,
there will be "no" impact on the availability of public facilities and services.
EXHIBIT A
Rezone Findings
PUDZ-2007-AR-11121
Page 5 of5
/-'9~n.ja Item No, 17C
,January 29, 2OCi8
Page 46 of 129
Exhibit B
PUD FINDINGS
PUDZ-2007-AR-11121
Section IO.02.13.B.5 of the LDC of the Collier County Land Developmcnt Code requires the Plmming
Commission to make a finding as to the PUD Mastel' Plan's compliance with the following criteria:
1. The suitability of the area fOI' the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding al'eas, traffic and access, drainage,
sewer, water, and other utilities.
Pro: The nearby area is developed or is approvcd for dcvelopment of a compatible nature.
The petitioner will be required to comply with all county regulations regarding drainage,
sewer, water and other utilities.
Con: None.
Finding: The stipulations includcd in the PUD document adequately address the impacts
from the proposed rezoning.
2. Adequacy of evidence of unified control and suitability of any Pl'oposed agrcements,
contracts, or other instruments, or for amendments in those proposed, particularly as
they may I'elate to arrangements 01' provisions to be made for the continuing opcl"lItion
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application providcd evidcncc of unificd control.
Thc PUD document makes appropriate provisions for continuing operation and maintcnancc
of common arcas.
3. Conformity of thc proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Managcment Plan (GMP).
Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of
the relevant goals, objectives and policies of the GMP offering a recommendation that this
petition be found consistent with the overall GMP,
Con: Staff's analysis is subjectivc, Many of the goals, objective and policies do no have
quantative means to measure compliance. The OMp TranspOliation Element Policies 5.1
and 5.2 contain measurable componcnts; howcver, FLUE Policy 5.4 does not.
Compatibility is mOl'e subjective.
Findill& Staff has recommended that the subject petition has been found consistent with the
goals, objcctives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
Page 1 of 3
Agenda ltem No. 17C
January 29, 2008
Page 47 of 129
4. The internal and external compatibility of proposed uses, which conditions may
include restdetiolls on location of improvements, restrictions on design, and buffering
and screening requirements.
Pro: The proposed development standards, landscaping and buffering requirements are
designed to make the proposed commercial uses compatible with the adjacent industrial
uses.
Con: None.
Finding: Staff analysis as containcd in the staff report indicates that this petition is
compatible, both internally and externally, with the proposed uses and with the existing
surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve tbe
development.
Pro/Con: Evaluation not applicable.
Finding: The amount of opcn space set asidc by this project is consistent with the
provisions of the Land Development Code.
6. The timing 01' sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and pdvate.
Pro/Con: Evaluation not applicable,
Finding: Timing or sequence of development in light of concurrency requirements does not
appear to be a significant problem as part of the PUD rezoning process, but the project's
development must be in compliance with applicable concurrency management regulations
when developmcnt approvals arc sought.
7. The ability of the subject pl'operty and of surrounding arcas to accommodate
expansion.
Pro: County Transportalion Division Planning staff has determined that the proposed
rezoning is consistent with the GMP Tnmspoliation Element requirements addressing
roadway concerns.
Con: None.
Finding: If "ability" implies supporting infrastructure sllch as wastcwatcr disposal system,
potable water supplies, characteristics of the property relative to hazards, and capacity of
roads, then the subject property has the ability to support expansion based upon thc
commitments made by the petitioner and the fact that adequate public facilities requirements
will be addressed when development approvals are sought.
PUD FINDINGS
PUDA-2007-AR-11121
EXHIBIT B
Page 2 of 3
!^"genda item No. 17C
January 29,2003
Page 48 of 129
8. Conformity with PUD regulations, or as to desirable modifications of snch regnlations
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.
Pro/e,,-!!: Not applicable; the petitioner is not seeking any deviations.
Finding: This criterion essentially requires an evaluation of the extent to which
development standards and deviations proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to those standards and the petitioner is not
seeking any deviations as part of the rezoning action,
PUD FINDINGS
PUDA-2007-AR-1l121
EXHIBIT B
Page 3 of 3
,';';Jenda item No. 17C
January 29, 2008
Page 49 of 129
(24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning
districts, and not prohibited in Section 3.0., that is deemed
appropriate by the Board of Zoning Appeals.
\" J-\-AJ. \n.o~ ( )
B,tPermitted Principal Uses and Structures on l~tiefl8t Tract: I \ l.'\
4;"'.d,1 "1 -7
(1) Child care centers\gro"u(8351), v I::u
C.
(2) Churches (group 8661). I I . I G I Wl A
:lI'--,Ncr\6'. \.l,t'(,.:s. P'""'~',--\:N .r\ G..~\o--e"" :>>c.h ~1'1"~'I>
Access'brv Uses: \>\,'" G\ S c"".c\: -\-;v---,,^ \A~,.l
Uses and structures that are accessol)' and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank.
D. Prohibited Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921).
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962),
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261).
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331).
(5) Amusement and recreation services (group 7999).
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069).
(7) Educational services (groups 8211 - 8231).
(8) Correctional institutions (group 9223),
(9) Environmental resource and solid waste management (group
9511).
(10) Homeless shelters and soup kitchens.
Agenda Item ~~o. 17C
January 29, 2008
Page 50 of 129
(11) Refuse systems, including hazardous materials (group 4953).
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
Agenda Item No, 17C
January 29, 2008
Page 51 of 129
DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Everglades Blvd. ROW
From Immokalee Road ROW
From other MPUD Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
MINIMUM DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
PRINCIPAL USES
10,000 Sq, Fl.
100 Feet
25 Feet
25 Feet
25 Feet
15 Feet
15 Feet
15 Feet
35 Feet and 1 Story
700 Sq. Ft.*
'Per principal structure on the finished first floor,
SPS = Same as Principal Structure
ROW = Right.of.Way
ACCESSORY USES
Not Applicable
Not Applicable
SPS
SPS
SPS
10 Feet
10 Feet
10 Feet
35 Feet
Not Applicable
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LOC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUO shall be in accordance with the contents of
this Ordinance and applicable sections of the LOC and Growth Management Plan
(GMP) in effect at the time of issuance of any deveiopment order, such as, but not
limited to, final subdivision plat, final site development plan, 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 in the LOG shall apply.
,4genda Itern r\jo. 17C
Janu~jry 29, 2008
Page 52 of 129
EXHIBIT "en
MPUD MASTER PLAN
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)\g:::nda Item r~o. 17C
January 29, 2008
Page 54 of 129
EXHIBIT "D"
LEGAL DESCRIPTION
The subject property being 6.01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier
County, Florida.
,I\genda Item No, 17G
January 29, 20CJ8
Page 55 of 129
EXHIBIT "E"
LIST OF DEVELOPER COMMITMENTS
1, UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available.
2. TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FOOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FOOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition,
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C, Access points shown on the MPUD Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction. Since both Everglades Boulevard
widening and Immokalee Road widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUD), this site shall be required to install a minim um 50-
foot radius at each right-in access to this site. Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff, and as such shall be a requirement of this MPUD. The amount of
PIL shall be negotiated by the developer and the County at the
appropriate design phase of adjacent roadway improvements. Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL. The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways.
Ag2nda item No, 17C
January 29,2008
Page 56 of 129
E. Nothing in any development order (DO) shall vest a right of access in
excess of a right-in/right-out condition at any access point. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee. Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public. Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity,
F. If any required turn lane improvement requires the use of any existing
County rights-of,way or easement(s), then a compensating right.of-way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application, The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G. If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns, The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO.
H. The additional right,of-way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUD. More
specifically, this additional right-of,way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right,of.way and
39 feet in width along the project's entire frontage along the Immokalee
Road right-of.way.
3. ENVIRONMENTAL
A minimum of 0.61 acres (15% of the 4.06 acres of native vegetation on site)
shall be required to be retained or replanted,
4. PLANNING
Agenda Item No, 17C
January 29. 2008
Page 57 of 129
A. Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts. The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process,
B. A functional public open,space component shall be provided. Such public
open-space shall be developed as green space within a pedestrian-
accessible courtyard, as per the LOC, in effect at the time of this MPUO
approval date.
C. All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline. All of the buildings and signs
shall have a similar architectural style and be finished in light, subdued
colors, except for decorative trim. Bank drive-through facilities shall be
architecturally integrated with the bank building.
O. Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking
areas. Walkways or courtyards shall connect adjacent buildings. Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created.
E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access,
F. All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty,five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses.
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward. Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area.
(2) Parking lot lamps shall be low,pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot, building entrance, walkway or other
area intended to be illuminated.
(3) Where lighting of any recreational area is required, such lighting
structure shall be mounted so as to focus illumination on the area
/-\genda item ~~o. 17C
JCinuary 29, 2003
Page 58 of 129
intended to be illuminated, and to limit the amount of light that
extends outside that area.
5, LANDSCAPING AND BUFFERING
A, A twenty-five (25)-foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road. This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass. Existing native trees shall be retained
within this twenty.five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area jf left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall,
B. Where this MPUD directly abuts residential property zoned E,Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted, Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LDC. The native vegetation retention area
may consist of a perimeter berm, Any newly constructed berm shall be re-
vegetated consistent with the LOC,
C, If a fence or wall is constructed between abutting commercial and
residential uses, it shall be constructed on the commercial side of the
required landscape buffer and shall not exceed a height of five feet. Walls
shall be constructed of brick or stone, Fences shall be of wood or
concrete post or rail types, and shall be open design (not covered by
slats, boards or wires).
-
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
(i).
. .
'0",0
Agenda Item No. 17G
January 29, 2008
Page 59 of 129
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-
~
APPLICATION FOR PUBLIC HEARING FOR:
(8J PUD REZONE (PUDZ) 0 PUD TO PUD REZONE (PUDZ-A) 0 AMENDMENT TO
PUD (PUDA)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
APPLICANT INFORMATION
NAME OF APPLlCANT(S)
_ CH ESTN UT RI DGE, LLC._________________________________________________________
ADDRESS
378S AIRPORT RD N. STE B-1 CITY__NAPLES____STATE___JL___ZIP__3410S___
TELEPHONE #__239-403-8899__CELL # _____________JAX # __239-403-9009________
E -MAl L ADDRESS :___BI LLH@HOOVERPLANNI NG .COM__________________________________
NAME OF AGENT __WILLIAM HOOVER, AICP. HOOVER PLANNING & DEV. INC.
ADDRESS.
378 S AIRPORT RD N. STE B- L______CITY __NAPLES____ST A TL___FL___2IP __3410 L__
TELEPHONE #__239-403-8899__CELL # _____________JAX # __239-403-9009________
E-MAIL ADDRESS:___BILLH@HOOVERPLANNING.COM__________________________________
NAME OF AGENT __RICHARD YOVANOVICH. GOODLETTE, COLEMAN & JOHNSON. PA
Application For Public Hearing For PUD Rezone 6114/04
item f--Jo. -17e
ADDRESS J3nC:3ry 29, 2C1C!3
~-":1e fO of 1 '>'~
4001 N TAMIAMI TRAIL #300________ClTY__NAPLES____STATE___JL____ZIP _34103__:" --'
TELEPHONE #__239-435-3535__CELL # ______________FAX # __239-435-1218________
E -MAl L ADDRESS:___ RYOV ANOVICH@GCILAW.COM__________________________________
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 Association(s) affiliated with this petition. Provide
additional sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS __________________________ CITY _____________ STATE _______
ZI P __________
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS __________________________ CITY _____________ STATE _______
ZIP__________
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS __________________________ CITY _____________ STATE _______
ZIP__________
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______
Application For Public Hearing For PUD Rezune 6/14/04
.
NAME OF CIVIC ASSOCIATION: ___GGE CIVIC ASSOCIATION________________~.:~~~~r~ 2~~2b~)~
Page 61 of129
MAILING ADDRESS _C/O MARK TEATERS, 140 WILSON BLVD SOUTH
CITY NAPLES _ STATE _FL_ ZIP 34117_
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
__NA_______________________________
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
The property is owned by Chestnut Ridge, LLC which is comprised of the following ownership:
Owner's Name & Address
Tom Beaver, 345 Esther St., Naples, FL 34104
Q. Grady Minor, Trustee, 5172 Seahorse Ave" Naples, FL 34103
Peter Schoenauer, 102 Driver Morris St, St Simons Island, GA 31522
Jeff & Leaetta Davidson, 2154 Trade Center Way, Naples, FL 34109
Jeremy & Rita Bhaduri-Sterk, 2875 Garland Road, Naples, FL 34117
Randy Rose, 3775 Airport Road N., Suite A, Naples, FL 34105
Bill & Charlene Hoover, 5690 Wax Myrtle Way, Naples, FL 34109
Mike & Holly Welsh, 2211 Marina Drive, Naples, FL 34102
Peter Tierney/Michael Moore, 9225 Gulfshore Drive N, Naples, FL 34108
Percent Ownership
10%
20%
5%
5%
2.5%
5%
5%
17.5%
30%
100%
William (Bill) Hoover is President of Catalina Land Group, Inc. which is the manager of Chestnut
Ridge, LLC.
Application For Public Hearing For PUD Rezone 6/14/04
c.
f h . h f TRUSTEE I' h b fA~enda It~,,~.!tI17C
I t e property IS in t e name 0 a ,1St t e ene IClam~,$,""'Y ~':l!~008
trust with the percentage of interest. Page 62 of 129
Name and Address
Percentage of OWnership
__NA______________________________
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
NA
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
__NA_______________________________
-----------------------------------
-----------------------------------
-----------------------------------
Application For Public Hearing For PUD Rezone 6/14/04
.
Agenda Item No. 17C
January 29, 2C1C18
Date of Contract:_____________8age 63 of 129
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
___NA_________________________________________________________
g. Date subject property acquired ~ 6/18/2004
If, Petitioner has option to buy, indicate the following:
Date of option: __NA______________________
Date option terminates: ___________________, or
Anticipated closing date __________________
h. Should any changes of ownership or changes in contracts for purchase
occur subsequent to the date of application, but prior to the date of the
final public hearing, it is the responsibility of the applicant, or agent on
his behalf, to submit
a supplemental disclosure of interest form.
PROPERTY LOCA nON
---.---J
Detailed le!!aJ description oftbe property 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 I" 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 __29___/_A7S___/__28E___
Lot: Tracts 113 & 114 Block: Unit 46 ____
Subdivision: Golden Gate Estate5-___________________
Plat Book__Z____ Page #:__11.____
Application For Public Hearing ~or PUD Rezone 6/14/04
Property I.D.#:____ 39091800002 & 39091840004 ___
Metes & Bounds Description:
AgencJa Item No. 17C
,-!anuary 29. 2008
Page 64 of 129
----------------------------------------------------------------
Size ohrooertv: _____101 O'___ft. X ___259'__ft. = Total Sq. Ft.
AcreL___6.01 Acres ______
261.590 _
Address/l!enerallocatioD ofsubiect property: SOUTHEAST GORNER OF IMMOKALEE ROAD
AND EVERGLADES BOULEVARD. NAPLES. FL
PUD District (LDC 2,03.06): 0 Residential 0 Community Facilities
~ Mixed Use 0 Industrial
ADJACENT ZONING AND LAND USE
Zoning
Land use
N___AG ____ fmmokalee Road & AQriculture_____
S___ESTATES____ Vacant. but within NeiQhborhood Center
E___ESTATES_____ ____Sinole Familv Residence___________
W__ESTATES_____ _ Everolades Blvd. Vacant then Fire Station
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If
space is inadequate, attach on separate page). NO,
Section ITownshiplRange _______1_______1_______
Lot: _________ Block: _______ Subdivision:___________________________________
Plat BooL____ Page #:______ Property I.D.#:__________________________________
Metes & Bounds Description: _______________________________________________
REZONE REQUEST
This application is requesting a rezone from the _______ESTATES________ zoning
district(s) to the _____MPUD________________ zoning district(s).
Present Use of the Property:
__Vacant_________________________________
Application For Public Hearing For PUD Rezone 6114/04
Agenda Item No. 17e
----------------------------------------------------------------------------jdjludly~~~008
Page 65 of 129
Proposed Use (or range of uses) of the property: On Tract 113 (western Darcel)
convenience commercial uses. office uses. and other commercial uses similar to those in
the Cl to C3 ZoninCl Districts. On Tract 114 (eastern and smaller Darcel) child care
centers and churches are DroDosed.
Original PUD Name:___NA______________________________ 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,Bl
l. 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,
The land was cleared many years ago for agricultural purposes and much of it now is being
overgrown with Brazilian Peppers and weeds. Both Everglades Boulevard and Immokalee
Road are currently at LOS B and will remain at LOS B up through the estimated build-out
date in 2009. Public water and sewer are not available, as is customary within Golden Gate
Estates, so the developer will be required to provide a private well and septic system,
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or proviSions to be
made for the continuing operation and maintenance of such areas and facilities
that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after. consultation with the
county attorney.
The applicant owns all of the land within the proposed MPUD, A private property owners
association will be setup to ensure maintenance of common areas if applicable during Site
Development Plan review and approval.
3. Conformity of the proposed PUD with the goals, objectives and policies of the
growth management plan.
Application For Public Hearing For PUD Rezone 6/14/04
The West Parcel is located within the Neighborhood Center Subdistrict or:;-(t1~3Esra~sU7~
Mixed Use District which allows commercial uses of the type proposed, The Eca.!~~~~gf~~9
adjoins the Neighborhood Center which allows the only 2 proposed uses (child care
centers and churches), The Neighborhood Center is intended to provide basic goods,
services, and amenities to Estates residents.
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,
Neighborhood Centers have strict requirements on land uses and buffering/ screening and
this project meets those standards.
5, The adequacy of usable open space areas in existence and as proposed to serve
the development.
The project will meet or exceed the minimum 30% open space requirement in the Land
Development Code,
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private,
The project will meet the adequate public facilities provisions, as outlined in Section
6,02.00 of the Land Development Code and as set forth in Objective 1.2 of the Golden
Gate Area Master Plan,
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The subject property is vacant and both Everglades Boulevard and Immokalee Road will be
at LOS B at the time of the project's estimated build-out date in 2009.
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.
The proposed PUD Rezoning meets the PUD regulations as outlined within the Land
Development Code.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions, You may wish to contact
the civic or property owners association in the area for which this use is being
requested in order to ascertain whether or not the request is affected by existing deed
restrictions.
Previous land use oetitions on the subject orooertv: To your knowledge, has a public
hearing been held on this property within the last year? 0 Yes (8J No
If so, what was the nature of that hearing?
--------------------------------------------------
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 17G
January 29, 2C1C18
Page 67 of 129
EXHIBIT "A"
COMMERCIAL AND INSTITUTIONAL TRACTS PLAN
LIST OF ALLOWABLE USES
1. PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master
Plan.
2, GENERAL DESCRIPTION
The MPUD Master Plan is intended to provide for both commercial and
institutional land uses. The Commercial Tract designated on Tract 113 on the
MPUD Master Plan is intended to provide retail and/or office uses limited to a
floor area of 24,000 square feet. All commercial areas shall be developed with a
common architectural theme that includes buildings and signs, The Institutional
Tract designated on Tract 114 on the MPUD Master Plan is intended to provide
child care and/or church uses limited to a floor area of 6,000 square feet.
3. PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures on Commercial Tract 113:
(1) Apparel and accessory stores (groups 5611 - 5661).
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation).
(3) Business services (groups 7311,7334 - 7336,7377,7378,7384).
(4) Child care centers (group 8351),
(5) Churches (group 8661).
(6) Depository institutions (groups 6021-6062),
(7) Eating places (group 5812 except for restaurants with a drive-
through facility are not permitted). Consumption of alcoholic
Agenda Item No. 17C
January 29, 2C1C13
Page 68 of 129
beverages on premises shall be subject to requirements of the
LOG).
(8) Engineering, accounting, and bookkeeping services (groups 8711 _
8721,8748),
(9) Food stores (groups 5411 including convenience stores with
gasoline pumps, 5421 - 5499),
(10) Gasoline service stations (group 5541 but excluding sales of diesel
fuel to heavy trucks over 1 ton rated capacity).
(11) General merchandise stores (group 5399).
(12) Hardware supplies (groups 5231 - 5251).
(13) Health services (groups 8011 - 8049).
(14) Home furniture, furnishings and equipment stores (groups 5714,
5719, 5734 - 5736),
(15) Insurance carriers, agents, and brokers (groups 6211,6311 - 6399,
6411),
(16) Legal services (group 8111).
(17) Miscellaneous retail (groups 5912, 5941 - 5949, 5992).
(18) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant).
(19) Personal services (groups 7212, 7221 -7251,7291),
(20) Physical fitness facilities (group 7991).
(21) Real estate (groups 6531,6541).
(22) United States Postal Service (group 4311 except major distribution
center).
(23) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding).
Agenda Item No. 17G
January 29, 2C1C18
Page 69 of 129
(24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning
districts, and not prohibited in Section 3.0" that is deemed
appropriate by the Board of Zoning Appeals,
B, Accessory Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank,
C, Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden
Gate Area Master Plan as Conditional Uses):
(1) Churches (group 8661),
(2) Child care centers (group 8351).
D. Prohibited Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921),
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962).
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261).
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331),
(5) Amusement and recreation services (group 7999).
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069),
(7) Educational services (groups 8211 - 8231).
(8) Correctional institutions (group 9223),
(9) Environmental resource and solid waste management (group
9511).
(10) Homeless shelters and soup kitchens,
/~genda Item ~,jo. 17C
,January 29, 2C1C18
Page 70 of 129
(11) Refuse systems, including hazardous materials (group 4953),
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
.I\aenda Item No. 17e
~ January 29, 2C1C18
Page 71 of 129
DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Everglades Blvd. ROW
From Immokalee Road ROW
From other MPUD Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
MINIMUM DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
PRINCIPAL USES
10,000 Sq. Ft.
100 Feet
25 Feet
25 Feet
25 Feet
15 Feet
15 Feet
15 Feet
35 Feet and 1 Story
700 Sq. Ft.'
'Per principal structure on the finished first floor.
SPS = Same as Principal Structure
ROW = Right-of-Way
ACCESSORY USES
Not Applicable
Not Applicable
SPS
SPS
SPS
10 Feet
10 Feet
10 Feet
35 Feet
Not Applicable
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LDC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUD 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, 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 in the LDC shall apply.
,~\aenda item ~~o. 17C
~ January 29, 2C1C18
Page 72 of 129
EXHIBIT "e"
MPUD MASTER PLAN
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Agenda item No. 17C
January 29,2008
Page 74 of 129
EXHIBIT "D"
LEGAL DESCRIPTION
The subject property being 6,01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier
County, Florida,
/\gsnda Item No. 17C
January 29, 2008
Page 75 of 129
EXHIBIT "En
LIST OF DEVELOPER COMMITMENTS
1, UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available.
2. TRANSPORTATION
A All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FDOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition,
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C, Access points shown on the MPUD Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits, All required
improvements shall be in place and available to the public prior to
commencement of on-site construction. Since both Everglades Boulevard
widening and Immokalee Road widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUD), this site shall be required to install a minimum 50-
foot radius at each right-in access to this site. Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff. and as such shall be a requirement of this MPUD, The amount of
PIL shall be negotiated by the developer and the County at the
appropriate design phase of adjacent roadway improvements. Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL. The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways,
.5g~:nd,3 Iteill No. 17C
January 29, 20G8
Page 76 ~f 129
E, Nothing in any development order (DO) shall vest a right of access in
excess of a right-inlright-out condition at any access pOint. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee, Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public, Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity.
F. If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then a compensating right-of-way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application. The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns. The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO.
H. The additional right-of-way shown on the MPUO Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUO. More
specifically, this additional right-of-way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right-of-way and
39 feet in width along the project's entire frontage along the Immokalee
Road right-of-way.
3, ENVIRONMENTAL
A minimum of 0.61 acres (15% of the 4,06 acres of native vegetation on site)
shall be required to be retained or replanted.
4, PLANNING
.
- .
A
f'\o.:mda item ~~o, 17C
~, 79 CClC)8
"anuary _ , L <-
Page 77 of 129
Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts, The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process.
B.
A functional public open-space component shall be provided, Such public
open-space shall be developed as green space within a pedestrian-
accessible courtyard. as per the LDC, in effect at the time of this MPUD
approval date.
C,
All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline. All of the buildings and signs
shall have a similar architectural style and be finished in light. subdued
colors, except for decorative trim, Bank drive-through facilities shall be
architecturally integrated with the bank building.
0,
Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking
areas. Walkways or courtyards shall connect adjacent buildings, Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created.
E.
Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
F,
All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet Such lighting facilities shall
be shielded from neighboring residential land uses.
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward. Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area.
(2) Parking lot lamps shall be low-pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot. building entrance, walkway or other
area intended to be illuminated.
(3) Where lighting of any recreational area is required. such lighting
structure shall be mounted so as to focus illumination on the area
.
..1,g~nda Item No. 17C
January 29,2003
Page 78 of 129
intended to be illuminated, and to limit the amount of light that
extends outside that area,
5, LANDSCAPING AND BUFFERING
A. A twenty-five (25)-foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road. This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass, Existing native trees shall be retained
within this twenty-five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement Water
retention/detention areas shall be allowed in this buffer area if left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall,
B, Where this MPUD directly abuts residential property zoned E-Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted. Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LDC. The native vegetation retention area
may consist of a perimeter berm, Any newly constructed berm shall be re-
vegetated consistent with the LDC.
C. If a fence or wall is constructed between abutting commercial and
residential uses, it shall be constructed on the commercial side of the
required landscape buffer and shall not exceed a height of five feet Walls
shall be constructed of brick or stone. Fences shall be of wood or
concrete post or rail types, and shall be open design (not covered by
slats, boards or wires). A five or six foot high wooden fence shall be
constructed within the eastern 75-foot buffer of the Institutional Tract at
the time of the creation of this 75-foot buffer along the eastern boundary
of the Institutional Tract
D. Proposed Land Development Code Amendment 2007 (as revised on
November 6, 2007), Cycle 2, Section 10,02,03A5, Letters a, b, c, and d,
relating to non-compatible uses, shall apply to the subject property, and
shall be enforced as written.
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Agenda Item No.1?C
January 29, 2C1C18
P '" f 129
CIVil ENGINEERING' PlM,NING . lAND D[VUOPMU,T SERVICES
DAVIDSON
ENGINEERING
Chestnut Place
Transportation Impact Statement
PUD Re-Zone
PUDZ-2007-AR-11121 REV: 2
Project: 2005050027
Dale: 7/19/07 DUE: 8/16/07
Pl'cpal'(~dfol';
Chestnut Ridge, LLC
3775 AirpOlt Road North, Suite B
Naples, FL 34105
Preparcd by
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
July 16,2007
STATEMENT OF CERTIFICATION
I certify that this Traffic Analysis has been prepared by me or under my immediate
supervision and that I have experience and training on the field of Traffic and
TranspOItation Engineering,
,lljl' ", _;1 i,..1 ["I','
.'" ... '.'_. .~ \1..
Jeff 1. Davidson, P,E., No, 47161
Company ID # 00009496
2154 Trclde (enlerWay, Suile #3. Naples, Florida 34109. Phone: 239.597.3916. Fox: 239.59 .5195
www.david5onengjneering.com
'~{lenda Item No. 17C
,January 29, 2008
Page 81 of 129
Figw'e 1. Site Location
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@2007Nl'IVTEQ
General
The project site consists of about 6 acres and is located on the southeast corner of the
intersection of Immokalee Road and Everglades Boulevard, More specifically: Section 29,
Township 47, Range 28, The site is rectangular in shape and has about 960 feet of frontage
along lmmokalee Road and about 260 feet of frontage along Everglades Boulevard, The project
site is compriscd of Tract 114 (the westcrly 630 feet of frontage on Immokalee Road) and Tract
113 (the easterly 330 feet of frontage on Immokalee Road).Tract 114 is within the Neighborhood
Center located at the intersection of lmmokalee Road and Everglades Boulevard which allows
commercial retail and office land uses to be requested, Tract 113 allows child care facilities,
schools, and churches to be requested. Tracts 113 and 114 are currently zoned vacant residential
and are proposed to be rezoned for the uses outlined above via a MPUD,
Existing Conditions
Currently, the sites are undeveloped and zoned vacant residential.
Proposed Improvements
Option A: The proposed maximum build-out ,,111 be 24,000 sf of shopping center for the west
parcel and 6,000 sf of institutional day-care facility for the East parcel.
Option H: The proposed maximum build-out v,111 be 14,000 sf of shopping center and 4,500 sf
of gas station/convenience store for the west parcel and 6,000 sf of institutional day-care
facility for the East parcel.
2
Agenda Item r~o. 17e
Janc3ry 29, 20Cl8
Page 82 of 129
Site Access and Build-out
The site is will he acccssihlc from both Everglades Blvd and Immokalec Road, This project is
expected to reach full build out by 2009,
Trip Generation (Option A)
Trip generation rates are per the Institute of Transportation Engineers publication, Trip
,Ge7wraHon Seventh Edition, The Land Use CategOlY and associated criteria used to analyze the
project will be:
A) ITE Land Use Category
The LUC for the parcels are; Institutional - LUC 565- Day Care Center
Commercial - LUC 820 - Shopping Center
B) Analysis Criterion (Units)
Institutional - Number of Students = 90 sludents
Commer'cial - Gross Leasable Area = 24,000 sf
Table 1, Proposed Day Care CentC/' LUC 565 (Based on students)
X = 90 Studenls
Calculated Traffic
Daily Traffic = 404 '1
AM Peak Hour~- 'I
Traffic=71
PM Peak Hour T =
Traffic=6
No(e: The mlill,ysis based OIl students has milch better gencnltioll data :lvllilnhle in the ITE than the
generation data offered fur the analysis based OIl square footage.
---- . ---------------
Equation Entering Exiting
. = 4,55(X) - 5,64 202(50%) 202(50%)
'= O,73(X) + 5,24 38(53%) 33(47%)
-- 37(53%)
0,87 Ln(X) + 0,32 32(47%)
-.-- ------~--- -~---
Tuble 2, Shopping CentC/' LUC 820 (Based on squarefootage)
X=24
.-.----
Calculated Traffic Equalion Entcrin\T Exiting
- --------- -- ----~~ - _____ 0
Daily Traffic = 1031 T = 42,94(X) 516(50%) 515(50%)
I-----c ___00- -~ 40(6i%)-- 26(39%)
AM Peak Hour Traffie=66 Ln(T) = 0,60 Ln(X) +2,29
--PM Peak 1I0ur Traffic=90 T = 3,75(X) 43(48%) 47(52%)
Note: The average rates were used for the daily traffic and the PM peak hour because the fitted equntions
yield el'roneously high numbers of trips.
Pass-By Trips Reduction
As per methodology meeting and pass-by trip reduction discussion with Collier County, a
rate of 35% was agreed upon by boLh parlies,
Therefore, (1-0,35) = 65% non-pass-by lrips
3
,l:..genda Item No. 17C
January 29, 20Cl8
Page 83 of 129
Pass-By Reduction Applied
Table 3, Shopping Center LUC 820 (Based on square footage)
X=24
Calculated Traffic Entering Exiting
~--
Daily Traffic = (1031'O,6S)=670 33S(50%) 335(SO%)
AM Peak Hour Traffic=66 40(61%) 26(39%)
PM Peak I-lour Traffic=(90*o,6S)=S9 28(48%) 31(S2%)
Note: Pass-by rate was applied to Dally Traffic and PM peak hour traffic as per ITE TGH Table 5,1.
Pass-By Reduction Applied
Table 4, Day Care Center LUC 565 (Based on students)
X=90
Calculated Traffic Entering - - --- ..,-"-.--
Exiting
Daily Traffic = (404"0.65)=262 131(50%) 131(50%)
--.---
AM Pe~k Huur Traffic=(71"o,6S)=46 28(61%) 18(39%)
PM Fmik Hour Traffic=(69*O,65)= 45 22(48%) 23(52%)
Note: As pel' methodology meeting wi Collier County, 35% pass~by rate should be applied to everything. It
seems reasonable that parents will dl'Op off/pick up their children while passing by la/from .work.
Table 5, Net New Trips (Option A)
Calculated Traffic --.--
Entering Exiting
DailyTraffic~ 932 ---.--
466 466
---~-
AM Peak Hour Traffic=112 68 44
PM Peak Hour Traffic=104 SO 54
Trip Genel'ation (Option B)
Trip generation rates are per the Institute of Transportation Engineers publication, Trip
Generation Scvcnth Edition, The Land Use Category and associated criteria used to analyze the
project ,,~ll be:
A) !TE Land Use CategOl'Y
The LUC for the parcels are: Institutional - LUC 565- Day Care Center
Commel'cial - LUC 820 - Shopping Center
- LUC 853 -Convenience Market with Gasoline Pumps
B) Analysis Criterion (Units)
Institutional-LUC 565: Number of Students = 90
Commercial- LUC 820: Gross Leasable Area = 14,000 sf
LUC 853: Gross Floor Area = 4,500 ,'if
4
,D.(]S';1(J3 Item 1\10, 17C
~ ,january 29, 2C1C13
Page 34 of 129
Table 6, Pl'Oposed Day Care Center LUC 565 (Based on shldellts)
X = 90 Students
Calculated Traffic Equation Entering Exiting
Daily Traffic = 404 T = 4,55(X) - 5,64 202(,50%) 202(50%)
AM Peak Hour T = 0,73(K) + 5,24 38(53%) 33(47%)
Traffie=71
PM Peak Hour T = 0,87 Ln(X) + 0,32 32(47%) 37(53%)
Traffic=69
Note: The nnnl)'sis based on students has much better gencration data available in the ITE than the
generation data offcred for the allAlysis based 011 square footage.
Table 7, Shopping Center LUC 820 (Based on squarefootage)
X=12
Calculated Traffic Equation Entering Exiting
Daily Traffic = 515 T = 42.940;',) 2S8(so%) 2S7(SO%)
AM Peak Hour Traffic=43 Ln(T) = 0,60 Ln(X) +2,29 26( 61%) 17(39%)
PM Peak Hour Traffic=4,5 T = 3,7,5(X) 22(48%) 23(52%)
Note: The average rates were used for the d:lily traffic itlld the PM pe:tk hour bec;:lUse the fitted equations
yielded errolleulIsly high numbers of trips.
Tuble 8, CO/ll)(mience Market with Gasoline Pumps UIC 853 (Squore Footage)
X=4,5
Calculated Traffic Equation Entering Exiting
Daily Traffic =3RoS T = R4S,60(X) 1903(,50%) 1902(,50%)
AM Peak Hour Traffic=20,5 T = 45,S8(X) 103(SO%) 102(SO%)
PM PcaFi-iour Traffic=2.73 .-._.-""----. .- -~----._-~----- --.. -- ,,----,--
T = 60,61(X) 137(SO%) 136(,50%)
-------- " ---- ..-------.-- ___n_ ____n____ -- ---- ------
Note: The average I'ates were used for the cluily tl'lIffic~ AM llnd PI\-{ peak hours because the fitted equations
were not offere.d for LUC 853 bllsed 011 squlll'e footage.
Pass-By Trips Reduction
As per methodology meeting and pass-by trip reduction discussion with Collier County, a
rate of :,5% was agreed upon by both parties,
Therefore, (1-0,3S) = 6S% l1on-pass-by trips
Tobie 9, Shopping Centcr LUC 820 (Pass-By Reduction Applied)
X=12
Ca!cuTatc(l 'J\affic- .. . -iTiiicring --
Exiting
Daily Traffic = (S1S"0,6S)=33S 167(SO%) 168(so%)
AM Peak Hour Traffic=43 26(61%) 17(39%)
PM Peak Hour Traffie=(4s'o,65)=29 14(48%) 1S(S2%)
Note: Pass-hy rate WIlS applied t.o Daily Traffic and PM peak hOll], traffic ns pel' ITE TGH Tnble 5.1.
5
Agenda Item No. 1IG
January 29, 2C1C18
Page 85 of 129
Table 10, Convenience Store with Gasoline Pumps LUC 853 ((Pass-By Reduction Applied)
X=4,5
Calculated Traffic ,----.-..-----
Entering Exiting
-',-'-, - 1237 (50%) 1236 (50%)
Dally Traffic = (3805"0,65)=2473
AM Peak Hour Traffic-(205*O,65)-133 86(61%) 47(::19%)
PM Peak Hour Traffic=(273*0.65)-177 85(48%) 92(52%)
--'-,-
Note: PassMby rate was applied to Daily Traffic, AM and PM peak honrtraffir. as pCl' ITR TGITTable 5.1.
Table 11, Day Care Ccntcr LUC 565 (Pass-By Reduction Applied)
X=90
_. "--.-....-.-----" ',----- '-
Calculated Traffic Entering Exiting
Daily Traffic = (404*0,65)=262 131(50%) 131(50%)
AM Peak Hour Traffic=(71"'o,65)=46 28(61%) 18(39%)
PM Peak Hour Traffic=(69'O,65)= 45 22(48%) 23(52%)
-"--"'-'--"
Note: AB per methudology meeting wJ Collier County, 35% pass~by rate should be applied to everything. It
seems reasonahle that parents wm drop off/pick IIp their children while passing by to/from work.
I a .e 12. et ew rws muon
Calculated Traffic Entering Exiting
Daily Traffic = 3070 15:35 1535
AM Peak Hour Traffic-222 140 82
PM Peak Hour Traffic=251 121 130
---.---
" bl
N NT' (0
B)
Sincc Option B produces more Net New Trips, it shall be usedfnrfurthcr analysis in the
report hecallse it is more restrictive.
Figure 2. Distribution
(<There will be tl'ip d1'Op-nff th1'OlJqh the residential areas before entering 2'''llink*)
~_. ! "I :~;~,' , --, I 35% II c, I :~% J I
t r' "'~ 1I111~lOkaloel!lRrJ
; I .m~"~i-J .....
"-'~' ,__L_. i 35%tl~---':- --:.,
.-. -::::J .. --. " ..,,, r==cc",.~.,==1 c,.,=._ Site :too
-0 -"'~---"-~'i --..-- ~___
~ .. ro I I --=.'
Q) '~i I -- \"
-- - -.. ~
~ - -&i-
oE .. ~o>-j -- --~-
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-;' a; I
"
~._---_.
.... ". m.. i.
---I-~;~~1i' 1,.
"".,'(^...'
,,,.-=...-,,.oo,t.---
...1 8%*
"
6
_, II'
Figure,3, AM Peale Hour
I
"."""...t,,
. -""'~"N
-0
n::
OJ
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42
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nut
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o
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----=--=--
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10
10
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10
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"----j
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36
46
..s.gsilca item ~Jo. 17C
J3iluary 29, 2003
?a'J9 ,sS of '129
-/----
I
; ~
IrnllOka'ee r<d
30%
42
25
I I
Irn,lokalee Rdl
30% "I
~~,J--....
.. ' I
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I
-=---+
I '
", _..~_._-_.":,.:..,,,I-i---------{-
,oo, I
'r
XX%
xx Enter
XX Exit
\
~..
XX%
XX Enter
XX Exit
7
Figuf'e5.AM PeukHour (2nd Link, Immokalee)
(*There will be trip drop-of! through the residential areas before entering 2;'" link')
8L" IELld+~II;II~II:,:"~~'~~)ll ':'."
a. mffi AV ~ -It: ..J ..' I I ..), ..
- <
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17
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,
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.
" .
Agenda Item No. 17C
January 29, 2C1C18
Page 87 of 129
t1 'vi
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7
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Figure 6, PM PeukHow' (2nd Link, Immokalee)
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(j)
8
Agenda item No. 17C
J?muary 29, 2008
83 of 129
5-yr Avg,
St. Hist.
# 2002 2003 2004 2005 2006 Growth
Impacted Segment ADT ADT ADT ADT ADT Rate
672 Immokalee Rd:2 miles East of 5,125 4,733 4,806 5,661 6,089 4.8%
EverQlades
, --."- ------- ----
635 Everglades Blvd: North of Oil 3,105 3,974 5,328 6,491 7,163 23.56%
Wen Road
-- ..----- ----...... -- --
725 Oil Well Road: East of Big 5,340 6,692 6,119 6,788 7,289 8,77%
Cy',ress Elemenlan' S,,!t.o~_.. ----- -_._~--~-_._"--
586 Immokalee Rd: South of Oil Well 14,950 16,537 16,485 19,877 23,268 11,98%
Rd,
._._-.-------"-. .---..---..
665 SR 29: North of Farm Worker's 9,919 9,940 10,131 9,875 9,915
Village 2,00%
-_.+ - -.---- --- ----- ----- ----- --
664 Main St. (SR 29): W, of South 1st 12,944 13,451 13,627 14,327 15,014 3,79%
51.
Everglades Blvd: Noriho{(3olden --.-.---- --
636 Gale Blvd. 4,448 5,817 6,520 8,108 8,090 16.75%
---.--.
Table 11, I) - Year Historical Gl'Owth
Note: 5-Y,. Avg. historic groH,th rate calculated using Collier COUHty 2006 Average Daily Traffic
Table 12. .I) - Year Horizon Backgrolind Traffic
Peak Direction/How' 2006 AlJIR
....._-.. -..--------..-------.-.- .- -" -.---- I
5-YI' Avg. 2006 2012 +
IIist. AUTR 2008 Project Roadway
Road Segment Growth 2007 2009 2010 201.1 Ca pacity
Rate Total Trips
--"_...~----- ------- ---_._~- -- .----- --
ID#:46 Il11l110kalce Rd. 4,8% 280 293 3C18 322 338 354 420 860
Oil \Nell Rd, to SR 29
ID#: 135 Everglades Blvd, 23,6% 430 531 656 811 1,002- 1,238 1.579 900
Oil Well Rd, to Il11l110kalee Rd,
ID#: 122 Oil Well Rd, -----.., "----
Irnmokalee to EverglaQcs 8,77% 550 598 651 708 770 837 921 1,010
.---- ~---- ..------- -
ID#: 122 Oil Well Rd, 7.0%,'(. 350 375 401 429 459 491 536 1,010
I--l<:verglades to Desoto
ID # 45: Immokalec Rd. 11.98% 1,180 1,321 1,480 1,657 1,856 2,078 2,373 3,670
South of Oil Well Rd.
ID# 83: SR 29: North of ,
2.00% 450 459 468 478 487 497 517 875
Farm Worker's V.iD.~g~ ---.--..- ----- - .-.. -., -I. m.___ - -----
ID# 84: Main St. (SR 29): 3.79% 660 685 711 738 766 795 842 1,860
W, of South 1st St
ID# 134: Everglades Blvd, N, ,
of Golden Gate Blvd. 16,75% 520 607 709 827 966- 1.128 1,328 900
...---."----- - ---_.~_. ..-...~-_. .-- -------.- -~_.- _._.__._-~ -~-
'Assumed 7,0% growth rate for this link because no data is available in the AADT, however
there is information in the AUIR, This growth rate should be slightly smaller than that of
the growth rate on Oil Well Rd, bctween Tml110kake and Everglades Blvd, because there is
less development in that area,
- Everglades Blvd, is expected to fail in 2010, However, it is not likely that a 24% growth
rate v,~ll continue into the future, The growth rate should start to taper off and plateau as
the segment approaches capacity. Furthermore, Everglades Blvd, is expected to fail in the
year 2010 with or without the addition "fthis projeet,
9
Agenda Item No. 17G
January 29, 2C1C18
Page 89 of 129
Trip Distribution and Traffic Study Area (1ST Link)
Table 13, Impacted Segments
--"." _.__.-
.ID# Segment Service BT TB PT RC LOS
Volume
,-.. Immokalee Rd,
46 Oil Well Rd, to SR 29 860 280 146 49 385 A
135 Everglades Blvd. 900 430 61 49 ;;60 C
___.m Oil Well Rd, to Immokalee Rd,
. BT= Background Traffic (Existing)
. TB= Trip Bank
. RC= Remaining Capacity
. PT= Project Trips
. LOS= Lcvel of Service
Consistency
The impacts to the first link:
49 PT to Link #46, 49/860 = 5,70%
5,70% > 2%
49 PT to Link #135, 49/900 = 5-44%
5-44% > 2%
Therefore consistency is not met on the first link so further analysis of the next segment is
required,
Trip Distribution and Traffic Study Area (2"d Link)
-~
ID# Segment Service BT TB PT RC LOS
Volume
122A Oil Well Rd, 1,010 D
Immokalcc to Everglades 550 119 11 330
122B Oil Well Rd, 1,010 350 11 462 C
Everglades to Desoto '77
-- Inullokalee Rd,
45 Wilson Blvd, to Oil Well Rd, 3,670 1,180 593 46 1,851 C
83 SR29 - CR 858 to SR 29A 875 61
(New Market) 450 10 293 C
~.
84 SR 29 - CR 29ASouth to N,15th St 1,860 660 116 17 1,787 B
Everglades Blvd, Golden Gate Blvd, -- ---_.- -_.~.
134 to Oil Well Rd, 900 520 74 11 295 C
. BT= Background Traffic (Existing)
. TB= Trip Bank
. RC= Remaining Capacity
. PT= Project Trips
. LOS= Level of Service
---..-
Consistency
The maximum impad to the second link:
46 PT to Link #45, 46/3,670 = 1.25%
1.25% < 2%,
Therefore, consistency is met on the second link, so no further analysis is required,
10
/\Jenda :tem No. 17C
~ January 29, 2C1C18
Page 9C1 of 129
Tm'll Lane Analysis
Everglades Blvd.
There is no possibility for a left tUI'll lane heading southbound on Everglades Blvd, due to fact
that the entrance to the site can only be a maximum of 200' from the intersection with
Immokalee Rd, Collier County requires a minimum o[ 660' f1'0111 an intersection to construct a
tUl'lllane, There are plans to expand Everglades Blvd, to a 111ulti-lane divided roadway in the
future. A right hand turn lane will then be required, heading northbound on Everglades Blvd.
P,I.L. was discussed and agrccd upon as the method which will be taken in order to secure the
northbound right hand turn lane. This turn Jane ,,~llneed to be 185' in total length with no
storage required as there will be no stop condition, This is concurrent ,,~th the 2006 FDOT
Design Standards Index No, 301, assuming a design speed of 45 mph,
Immokalee Blvd.
111is section of Immokalee Rd, is also on the work schedule to be improved to a six lane divided
roadway, Therefore, a right turn lane will be provided into the site heading eastbound on
Im1110kalee. Assuming a design speed of 45 111ph, the turn lane will need to be 185' in total
length "~th no storage required as there will be no stop condition, Heading westbound on
Iml11okalcc, the left turning movement does not meetlhe wal'l'ant [or a median opening
according to Collier County rcquiremcnts.
Intersection Analyses
ImmokaIee Road/Everglades Boulevard Intersection Analysis
An un-signalized intersection analysis was done for both the AM and PM Peak Hour for tbis
inlcrs.'ction, This is a 3-legged or ''T'' intersection ,,~th Immokalee Road being the main
roadway and Evergladcs Boulevard ending bere via a stop sign, The intersection was analyzed
using HCS+ software. Exhibit 1 shows the projeeted AM Peak Hour traft1e without including
the projcct's traffic in 2009 (build-out date) to be at LOS B with an average intersection delay
per vchide of only 11.1 slu.mds, Exhibit 2 ~hows thc AM Peak Hour traffic after adding in tbe
project's traffic and the intersection remains at LOS B and the avcrage interscction dclay pCI'
vehicle increases to 12,0 seconds. The PM Peak Hour traffic, ,~~thout the project's traffic in
2009, is displayed on Exhibit 3 and the intersection is shown to be at LOS B with an average
intersection delay of 11,5 seconds per vehicle, Exhibit 4 adds in the project's traffic during the
PM Peak Hour and indicates the average delay pel' vebicle ,,~]] increase to 13,2 seconds but the
intersection will remain at LOS B.
Oil Well Road/EverKlades Boulevard Intersection Analysis
A signalized intersection analysis was clone for both the AM and PM Peak Hours using HCS+
software. This is a 4-legged intersection that w:ill be substantially improved and signalized by
2009, Exhibit 5 shows the intersection to be at LOS C with an average intersection delay per
vehicle of 29,8 seconds excluding the project's traffic during the 2009 AM Peak Hour. Exhibit
6 includes the project's traffic during the AM Peak Hour and it results ill the intersection
remaining at LOS C vvith a very minor incrcase in the average intersection delay pel' vehicle of
30,0 seconds, Exhibit 7 shows the pl'Ojcet(,d PM Pcak Honr intersection traffic, without
including the project's traffic, in 2009 and it results in the intcrscction being at LOS C with an
average intersection delay per vehicle of 28,6 seconds. Exhibit 8 shows the PM Peak HoUl'
11
,l\genda Item No. 17e
January 29, 2C108
Page 91 of 129
u'affic, including the project's traffic, and it indicates the intersection will remain at LOS C with
an insignificanl increase in the average intersection delay per vehicle of only 0,1 seconds to 28,7
scconds, Exhibit 9 shows thc intcrscction detail, prepared by CH2MHiII, for the current
roadway improvements being made to this intersection,
Conclusion
Currently, Collier County Transporlation is planning to improve bolh of the roadways being
directly and immediately impacted by tbis development. The proposed use for this site will
generate traffic which meets Collier County consistency requirements, even with the roadways
at lheir current level of service, Therefore, v.1th the planned improvements to the roadway
system, this project vdll have a miriimal impact on the surrounding roadways, Local residents
will champion the development of this property, as it will be a great attribute to the
neighborhood,
Appendix
(Intersection Analysis)
12
HC.s+: lJnsignali7.ed Intersect.ions Release 5.2
Aaenda Item No. 11C
- January 29, 2C1C18
Page 92 of 129
Exhibit
TVIO-vIAY STOP CONTROl, SUM[~ARY
~
Analyst:
Agency/Co, : Davidson Engineering
Dilte Performed: 7/12/Cl7
Analysis Time period: AM Peak Hour
Intersection: Immokalee Rd/Everglades Blvd.
Jurisdiction;
Units: U. S, Customary
Analysis Year: 2009
Project 10: Chestnut Place - Without Project's Traffic
East/West street: Immokillee Road
North/South Street: Everglades Blvd,
Intersection Orientation: EW Study pcriod (hrs): 1,00
Major Street:
Vehicle
Approach
Movement 1
L
Volumes and
F:astbound
2
T
Adjustments
Westbound
4 5 6
I, T R
~9 T/8-' ----
1. ClO 1. OCl
49 178
10
/
0 1
IiI'
No
Southbound
lCl 11 12
L '1' R
.._-_._---~.
3
R
Volume
Peak-Hour Factor, PBF
Bourly Flow Rate, HFR
Percent IIeavy Vehicles
Median Type/Storage
RT Channelized?
LAnes
Configuration
Upstream Signal?
184 55
1. 00 1. 00
184 55
Undivjded
1 0
TR
No
Minor Street: Approach
Il']overnent
Northbouna--
7 R 9
L T R
Volume 50
Peak Hour Factor, PBF 1,ClO
Hourly Flow Rate, HFR 50
Percent lleavy Vehicles lC1
Percent Grade (%) 0
Jo,'lared I-\pproach: Exists? /Stocage
Lanes 1
Configuration L
69
1. CICI
69
10
o
/
/
1
R
Delay,
ER
1
Queue
II~R
4
LT
Length, and Level of
Northbound
1 B 9
L R
Service
- .-
Southbound
10 11
----
Approach
Movement
Lane Con fig
12
v (vph)
C(m) (vph)
vlc
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
49
1782
CI,04
0.12
7.9
A
50
505
CI,10
0.33
12.9
B
69
008
0.Cl9
CI,28
9,9
A
11. J
B
Exhibit 2
HCS+: Urlsi.gnalized Intersections Release 5.2
Agenda Item No. 17G
January 29, 2C108
Page 93 of 129
TWO-WAY STOP CONTROL SUMl1ARY ,. ____. _,
Analyst:
Agency/co,: Davidson Engineering
Date Performed: 7/12/07
Analysis Time Period: AM Peak Hour
Intersection: Inunokalcc Rd/Everglades Blvd.
lTurisdiction:
Units: U, S, Customary
Analysis Year: 2C1C19
Project ID: Chestnut Place - With Project's Traffic
East/West Stree~: Immokalee Road
North/South Street; Everglades Blvd.
Intersection Orientation: EW Study period (hrs): 1,00
Vehicle Volumes and Adjustments
Major Street: Approach Eastbound Wcstbound
Movement 1 2 3 4 5 6
L T R L T R
Volume 2C19 79 49 185
Peak-Hour Factor, PHP 1. ClO 1. ClO 1. 00 1. 00
Hourly Flow Rate, HFR 209 '/9 49 185
Percent Heavy Vehicles 10
Median Type/Storage Undivided /
RT Channelized?
IJanes 1 0 0 1 "
Sontiguration TR LT
Jpstream Signal'? No No
I'1inor Street: Approach Northbound Southbound
Movement 7 8 9 lC1 11 12
L T R L T R
Vo-lume 72
Peak Hour Factor, PHF I.CICI
Hourly Flow Eate, Hf'R 72
Percent HGavy Vehicles 10
PerCGnt Grade (%) 0
Flared Approach: Exists?/Storago
L~nes 1
Configuration L
75
1. 00
75
10
CI
I
I
1
R
Service
Southbound
lCl 11
Delay,
EB
1
Queue
WB
4
LT
Length, and Level of
Northbound
789
L R
Approach
Movement
Lane Config
v (vph)
C (m) (vph)
vlc
95% queue length
- Control De lay
JOS
Approach Delay
l\pproa ch LOS
49
1229
O,Cl4
0,12
8,1
A
72
475
0.] 5
CI.53
13.9
B
12
75
772
CI. J 0
CI,32
lC1,2
B
12,0
B
HCS~-: Unsignali~ed IntersecLions Release 5.2
J\genda item No. 11'C
January 29,2008
Page 94 of 129
Exhibit 3
T~JO'\'IAY STOP CONTROL SIJMI'IARY
Analyst:
Agency /Co. :
Date Performed: 7/11/07
Analysis Time Period: PM Peak Hour
Intersect.ion: Irnmokalee Hd, /Evcrglades Illvd.
,Jurisdiction:
Units: U, S, Customary
Analysis Year: 2009
Project 10: Chestnut Place - Without Project's Traffic
East/West Street: In@okalee Road
North/South Street: Everglades Blvd.
Intersection Orientation: EW Study period (hrs): 1,ClO
Vehicle Volumes and Adjustments____.
Major Street: Approach Eastbo1Jnd Westbound
Movement 1 2 3 4 5 6
1 '1' R L '1' R
-, 66
Volume 310 40 215
Peak-Hour l:!'actor 1 PHF 1. 00 1, ClC) 1. 00 1. 00
Hourly Flo\ol Rate, HFR 310 40 66 215
Pe reen t Heavy Vehicles lCl
Median Type/Storage Undivided /
RI' Channelized?
Lanes 1 0 0 1
Configuration TR 1'1'
Upstream Signal? No No
-'- --~.~ Northbound Southbound
fvjinor Street: Approach
Movement 7 8 9 lC1 11 12
1 '1' R I. T F
Volume 16
Peak Hour Factor, PHF l,OCl
Hourly Flow Rate, HFR 16
PercGnt Heavy Vehicles lC1
Percent Grade (',) [J
Flared Approach: Exists?/Storage
L~nes 1
Configuration 1
84
1. OCl
84
10
CI
/
/
1
R
-'.~---. Of'lay, Queue Length, and LGvel of Service
-- _.-~_...
Approach EB WB Northbound Southbound
Movement 1 4 ') 8 9 lC1 11 12
Lane Con fig L'1' L R
v (vph)
C (m) (vph)
v/c
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
66
1166
CI,06
0,18
8.3
A
16
383
O,Cl4
0.13
14.8
B
84
693
0.12
0.41
lC1.9
B
11,5
B
HCS+:
Unsjgnalized IntersecLions Release 5.2
Agenda Item No. 17G
January 29, 20Cl8
Page 95 of 129
Exhibit 4
TWO-WAY STOP CONTROL SUMMARY
~
Analyst:
Agency/Co,:
Date Performed:
Analysis Time Period:
Intersection:
Jurisdiction:
Units: U, S. Customary
Analysis Year: 20Cl9
Project 10: Chestnut Place - With Project's
East/West Street: 1mmokalee Road
North/South Street: Everglades Blvd,
Intersection Orientation: EW
Davidson Engineering
7/11/07
PM Peak !tour
Immokalee Rd,/Everglades
Blvd,
Traffic
Study period (hrs):
1. 00
VG~ume 51
Peak Hour Factor, PHF },ClO
Hourly Flow Rate, HFR 51
Percent t~avy Vehicles 10
Percent Grade II) 0
Flared Approach: Exists?/Storage
Ljnes 1
Configuration L
95
1. 00
95
10
o
/
/
1
R
_ ~~_____Delay,
Approach EB
Movement 1
Lane Config
Queue
WB
4
LT
Length, and Level of
Northbound
789
L R
Service
Southbound
lC1 11
12
66
1124
0,06
0,19
8,4
A
95
665
CI,14
0,50
11. 3
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v Ivph)
C (m) (vph)
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-, ---:ontrol Delay
,OS
Approach Delay
Approach LOS
51
361
CI,11
0.49
16.6
C
13,2
13
Exhibit 5
HCS+: S.iqTlalized Intersections ReJease 5.2
Agenda Item No. 17G
January 29, 2008
Page 96 of 129
Analyst:
Agency: Davidson Engineering
Date: 7/14/2007
period: AI~ Peak Hour
Project ID: Chestnut Place MPUD
E/W St: Oil Well Road
1"0. Lanes
LGConfig
Vol.lunc
Lane i~idth
RTOR Vol
Duration 0.25
'.
Appr/
Lane
Gq)
Inter,: Oil Well Rd/Eve~~lade3 Blvd,
Area Type: All other areas
aur:isd:
Year : 2UCl9
(Without Project's Traffic)
N/S st: Everglados Blvd.
Area Type: All other areas
Signal Operations
-2-3 1
P
P
P
1 G.c
3,0
CI,CI
I'
p
8,CI
3,0
CI,CI
NB Left
Thru
P-ight
Peds
SB Loft
Thru
Right
Peds
EB Hight
WB Right
5
P
6 7
8
SIGNAl.l/:ED INTERSECTION SUMMARY -..
--..-- Northbound Southbound
1 Eastbound I Vl1estbound 1 1
1 L T R 1 L T 1\ I L T R 1 L T R
1 I 1 1
1 2 3 -y-----I ~--. 3 1 I 2 3 1 I 2 2 1
I L T R I L T l{ I L T R 1 L T R
1142 236 94 11C17 258 64 1275 138 138 1122 284 405
112.0 12,0 12.0 112,0 12,CI 12,0 112.0 12,0 12,CI 112,CI 12,0 12.0
1 23 1 16 1 35 I 0
Phase Combination 1
ES Left' P
Thru
Right
Peds
\'IS Left
Thru
Right
Peds
NB Right
SB Right
Green
Yellow
All Red
P
P
P
P
p
p
P
2C1.0
3. CI
0,0
21,0
3,CI
CI.O
Length:
.sees
Lane p. .
Group 1'"
Capad ty
Cycle
ersection Performance Summary
Sat Ratios Lane Group
Rate
3) v/cg/C Delay LOS
Approach
~-; '_-) 05
5176
1615
35C15
5176
1615
3505
5176
1615
0.28 0,16
0.18 0,28
CI,IO (J. Sl
CI.n CI,16
0,20 0.28
0,06 0.51
CI.44 0,20
0,12 0.24
CI.16 CI, 43
0,19
0.36
0,65
~ 29.8
10Cl.0
38.2
27,6
12,9
37.4
27,7
12.6
37.0
3C1.0
18.0
0.20 33.9
CI,24 32.8
0,43 27.2
(sec/veh)
Delay LOS
D
C 28,6
B
c
Eastbound
L' 561
T 1449
R 824
Westbound
L 561
T 1449
R 824
Northbound
L 701
T 1242
R 694
Southbound
L 701 35C15
T 868 36]8
R 694 1615
Intersection Delay
D
C 28.5
B
C
D
C 31.4
B
C
C
C 30,2
C
Intersection
C
LOS
C
HCS+: Sigrlalized Intersections l~eleaGe 5.2
Exhibit 6
,I\genda Item No. 17G
,January 29, 2C1C18
Page 97 of 129
'\nalyst:
"~gency :
Da te:
Period:
Project
E/W St:
Inter,: oil Well Rd/Eve~~ladcs Blvd,
l\rea Type: All other areas
Jurisd:
Year
Project's
N/S St:
Davidson Engineering
7/14/2C107
AM Peak Hour
ID: Chestnut Plac~ MPUD (With
Oil Well Road
2009
Traffic)
Everglades
Blvd.
SIGNALIZED INTERSECTION SOl~MARY
I EastboLmd I Westbound I Northbound I Southbound
I L T R I L T R I L T R I L T R
I I I I
1 2 3 1 1 2 3 1 I 2 3 1 I 2 2 1
I ,L T R I L T R I L T R 1 1 T R
1152 236 94 1107 258 74 1275 148 138 1132 294 415
112.0 12.0 12,0 112,0 12.0 12,CI 112,0 12,0 12,0 112.CI 12.0 12.0
I 23 I 16 I 35 I 0
No. Lanes
LGConfig
Volume
Lane width
R'l'OR Vol
Eastbound
L'. 561
T 1449
R 824
vlestbound
L 561
T 1449
R 824
Northbound
L '101
T 1242
R 694
Southbound
L ') Cll 3505
--T 868 3618
694 1615
Intersection Delay
Duration CI.25
Phase Combination
EfI Left
Thru
Right
Peds
WI3 Loft
Thru
Right
Peds
":18 Right
SB Rigllt
Green
Yello\ol
All Red
,fIppr/
Lane
Grp
Lane
Group
Capacity
Area Type: All other areas
Signal Operations
1 2 3 4 5 6 7 8
P NB Left P
P 1'hru P
P RIght P
Peds
p SB Left P
p T'hru P
P Right P .-
Peds
p EI3 Right P
P WB Right P
16.0 28,0 2C1.0 24,0
3.CI 3.0 3,0 3,CI
O.CI 0,0 O.CI O,CI
Cycle Length: 1C1C1.0 sees
Intersection Performance Summary
Adj Sat Ratios Lane Group Approach
Flo\ol Rate
(s) v/c g/C Delay LOS Delay LOS
.'~-~--~~"
0,30 CI,16 38.4 D
0.18 0,28 27.6 C
0,10 O,Sl 12.9 B
0,21 0,16 37,4 D
CI.20 CI,28 27.7 C
CI,08 CI,51 12,7 B
CI.44 0,20 37.0 D
CI.13 0.24 30.0 C
CI,16 0.43 18,0 B
c
3505
5176
1615
28.9
c
3505
5176
1615
28.1
C
3505
5176
1615
31.4
0.21
0.38
0.66
= 30.0
0.20 34.1
CI,24 33,0
0.43 27.')
(see/veh)
c
C 30,6
C
Intersectjon
C
LOS = C
Exhibit 7
HCS.!.: Signalized Intersections Release 5.2
,4aenda item ~~o. 17C
~ January 29, 2008
Page 93 of 129
Analyst:
Agency: Davidson Engineering
Date: 7/14/2C107
Period: PM Pe~k Hour
Project ID: Chestnut Place MPUD
E/W St: Oil Well Road
.~ SIGNALIZED INTERSECTION SUMMARY
I Eastbound 1 Westbound 1 Northbound 1 Southbound
1 L T R I L '1' R 1 L T R 1 L T R
1 1 ---,~.- , I
I 2 3 1 1 2 3 1 1 2 3 1 1 2 2 1
1 L T R I L T R I L T R I L T R
1212 354 142 In 172 43 1165 331 331 181 189 270
112.CI 12.0 12. CI 112,0 12,CI 12,0 112.0 12,0 12.0 112,0 12.0 12,0
I 35 1 11 1 83 I 68
No. Lanes
LGConfig
Volume
I,ane viidth
RTOR Vol
Inter,: Oil Well Rd/Ever"'llades Blvd,
Area Type: All other areas
Jurisd:
Year : 20Cl9
(Without Project's Traffic)
N/S St: Everglades Blvd,
DUration
0,25
Phase CornbinatiOl1 1
Jo;B Left P
Thru
Right
Peds
WB Left
Thru
Right
Peds
NB Right
S8 Right
Green
Yellow
All Red
Atopr/ - Lin;"
Lane Group
Grp Capacity
~'.
E;astbound
L 561
T 1449
R 824
Westbound
L 561
T 1449
R 824
Northbound
L 7C11
T 1242
R 694
Southbound
L 7C11 3505
T 868 3618
k 694 1615
Intersection Delay
Area TypG: All other areas
Signal Operations
'2-3 4
5
P
6 7 8
P
P
P
P ..
P
P
20.0 24,0
3,0 3,CI
0.0 O,CI
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Intersection Performance Surrun.:lry _.._
Adj Sat Ratios Lane Group Approach
Flow Rate
(s)
p
P
P
P
P
P
P
16,CI ?8,CI
3,0 3,CI
O,CI CI,O
35C15
:;176
1615
3505
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1615
3505
51'16
1615
NB
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Left
ThI'u
Right
Peds
Right
Right
P
SB
EB
WB
1C1C1.CI
sees
v/c
- a!C
"
Delay LOS
Delay LOS
-,
0,16 4 CI. 1 0
CI,28 28,5 C
0,51 13 ,3 B
CI,16 36,6 D
0,28 27,1 C
CI.51 12,4 B
O,2C1 34,7 C
CI,24 31; 'J C
0,43 21. 3 C
CI, 42
0,27
CI,14
29.8 C
CI,14
0,13
0.04
27,S C
0,26
CI,30
CI,40
28.9 C
CI.13
0,24
CI.32
= 23,6
0.20 33.2 C
CI.24 31,3 C 26,8 C
0,43 20,1 C
(sec/veh) InteI'sQction LOS
C
HCS+:
signalized Intersections Release 5.2
Agenda Item No. llG
,January 29, 2C108
Page 99 of 129
Inter.: Oil Well Rd/J';ver,glades Blvd,
Area Type: All other areas
Jurisd:
Year
Project's
N/S St:
20Cl9
Traffic)
Everglades
Blvd.
._, Analyst:
\gency: Davidson Engineering
Date: 7/l4/20Cl7
Period: PM Peak Hour
Project 10: Chestnut Place MPUD (With
E/W st: Oil Well Road
Exhibit 8
SIGNALIZED INTERSECT ION SUMMARY
Westbound Northbound - 1 Southbound
[ Eastbound I 1
1 L T R I L T R I L T R 1 L T R
I 1 [ 1
No, Lanes 1 2 3 1 1 2 3 1 I 2 3 1 I 2 2 1
LGConfig I L T R, I L T R 1 L 'f R I L T R
Volume 1222 354 142 171 172 53 1165 341 331 191 199 280
Lane Width 112,0 12,0 12,0 112.0 12.0 12.0 112.0 12,0 12.CI 112,0 12.0 12.0
RTOR Vol 1 35 I 11 1 83 1 68
Duration 0,25 Area Type: All other areas
. Signal Operations
Phase Comb~nation 1 2 3 4 5 6 7 8
EB Left P NB Left P
'l'hru P Thru P
Right P Right P
Peds Peds
vlB Left P SB Left P
Thru P ThIU P
Right P Right P "~
Peds Peds
JB Eight P EB Right P
SB Right P \lTB Right P
Green 16,0 28.0 20.CI 21,CI
Yellow 3.CI 3,0 3.0 3,CI
All Red CI.O CI.O 0,0 0,0
Cycle Length: 1C10,O sees
, Intersection Performance Summary
Appr/ Lane Adj Sat Ratios Lane Group Approach
Lane Group Flow Rate
Grp Capaci ty (s) v/e" g/C Delay LOS Delay LOS
)o;astbound
L, 561 3505 0.44 CI,16 40,5 D
T 1449 5176 0,27 0.28 28,5 C 30,0 C
H 824 1615 0.14 0,51 13,3 B
Westbound
L 561 3505 CI,14 0,16 36,6 D
T 1449 5176 CI,13 0.28 27.1 C 27,3 C
H 824 1615 O,Cl6 CI,51 12.5 B
Northbound
L 7C11 35C15 0,26 0,20 34,7 C
T 1242 5176 CI,31 CI,24 31.8 C 29,0 C
R 694 16.15 0,40 CI,43 ?J,3 C
Southbound
L 701 35C15 CI.14 CI,2C1 33,4 C
..,T 868 3618 0.25 CI,24 31. 5 C 27,1 C
694 1615 0,34 CI,43 20,4 C
Intersection Delay .... 28.7 (sec/veh) Intersection LOS C
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
.Agenda liem No. 17e
January 29, 2C1C18
Page 1CI1 of 129
LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, tort Myers, KJ3901
(239) 338-2929 . rL WATS 1.800-248-1201 . Suncom 748.2929 . Fax (239) 338-2936 . ....."ww.sfwmd.r;ov/iwc/
Application Number 060118-8
PUDZ-2007-AR-11l21
PROJECT #2005050027
DATE: 1/17/07
KAY DESELEM
REV: I
April 28, 2006
Jeremy Sterk
Hoover Planning & Development, Inc,
3785 Airport Rd North, Suite B-1
Naples, FL 34105
Dear Mr, Sterk:
Subject: Chestnut Ridge
Formal Wetland Determination
Collier County, S 29fT47S/R28E
The District offers the following in response to your request for a determination of
wetland boundaries and other surface waters located within the subject property,
This property contains no jurisdictional wetlands, as indicated on tile attached
exhibits and site review by Catherine Hawkins, a Staff Environmental Analyst.
Therefore, the application fee will be refunded to the applicant. Further, be
advised that development of this project should be reviewed for consistency with
the criteria for a No Notice General Permit, pursuant to 40E-400,315 (2), FAC..
If the proposed project meets these criteria, then an Environmental Resource
Permit application to the District will not be necessary,
If you have any further questions, please contact me at (239) 338-2929 x7725 ,
Sincerely,
Q~y
Ed Cronyn
Senior SupeNising Environmental Analyst
Lower West Coast SeNice Center
South Florida Water Management District
Attachments
GO\/fRNING BOARD
EXECUTlI'E OrFICE
Kevin McCarty, Chm'r
trel<l. M. Bngue, ViCl'-C/Mir
Miya Burt~Stcw"rt
Alice J. Clrlson
Michael Collin!i
Nico\;'ls J. Guticrre7., Jf_, E:;q,
L.el,ndrl E. Lind<lhl, P.E.
llill'kley R. Thomton
Malcolm S. W"di!, JI"
C<ll'ol Ann Wehle, f..well/il'l' Din'd,)r
[)IHRIC1' IlfADQ(/t\,'lTEI\s: )301 GUll Club RU<\lL P.o. J'lox 2'1(:'811, \Vest ['<dm Beach, PI. :-fH16-4680 . (561) tiB6-RAOO . FL WA TS H:lOn..132-2045
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A:Jenda Item No. 17C
~ January 29, 2C108
Page 1C14 of 129
HOOVER PLANNING & DEVELOPMENT. INC.
Land, Environmental & Traffic Planning Consultants
3785 Airp0l1 Road North. Suite 8.1, Naples, Florida 34105
PROTECTED SPECIES SURVEY (PSS)
Project:
CHESTNUT PLACE
SECTION 29 TOWNSHIP 47 SOUTH, RANGE 2g EAST
APPROXIMATELY 5,71 ACRES
Presented to:
COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Dated:
Revised:
January 10,2007
REV: 1
PUDZ.2007-AR-11121
PROJF,CT #2005050027
DATE: t/17/07
KAY DESELEM
Agenda Item r~o. 17G
January 29, 2008
Page 1C15 of 129
Chestnut Plnce Pllrccl
Protected Species Survey
Page 2
INTRODUCTION
The purpose of this report is to detail results of a protected species survey conducted on the
Chestnut Place parcel in December of1006 by personnel tram Hoover Planning & Development,
Inc,
tOCA TION
The Chestnut Place property is located at the southeast corner of the intersection of Everglades
Boulevard and Immokalee Road, in Section 29 Township 47 South, Range 28 East, in Collier
County, Florida. The parcel totals approximately 5,71 acres,
SPECIES SURVEY MATERIALS & METHODS
The species survey was conducted using a methodology similar to that discussed in the Florida
Fish & Wildlife Consel'vation Commission (FWC) publication "Ecology and Habitat Protection
Needs of Gopher Tortoise (Gopheruspolyphemus) Populations Found on Lands Slatcd for
Large-scale Development in Florida," This technique is made up ofthe following steps: First.
vegetation communities or land-uses on the subject site are delineated On a recent aerial
photograph (Collier County 2004) using the Florida Land Use, Cover and Forms Classification
System (FLUCCS), Next, the FLUCCS codes al'e cross-referenced with a list of protected
species (FWC-Florida's Endangered Species, Threatened Species & Species of Special Concern-
Official Lists, Publication Date: January 29, 2004), A list of protect cd plant species was
obtained from the publication "Notes on Florida's Endangered and Threatened Plants", Florida
Department of Agriculture and Consumer Services, Division of Plant Industty, Bureau of
Entomology, Nematology & Plant Pathology-Botany Section, Contribution 38, 4[h Edition-2003),
The result is a composite table that contains the names of the protected species which have the
highest probability of occurring in each particular FLUCCS community, Sec Lable I of this
report for the species list that applies to this property,
With a list of the potential listed plants and animals, each FLUCCS community is searched in the
field for these species. An intensive pedestrian survey is conducted using belt 01' meandering
transects and 10 x 36 binoculars as a means of searching for planLs and animals, lfnecessary,
transect integrity is maintaincd by using a GPS in track mode. In addition, periodic "stop-Iook.
listen" and quiet stalking methods are conducted for animals, Signs or sightings of all listed and
non-listed species are then recorded,
EXISTING SITE CONDITIONS
Temperatures during the tieldwork for this survey wcrc in the LippeI' 70's, Cloud cover was
generally absent, ApproximaLely 2.5 man,hour was logged on the property during the species
survey, Table 3 details daLes and times spent in the tick!.
According to histot'ieal aerials the entire property was cleared and actively being used for
agriculture prior to 1962. By 1975 the property was no longer being used for agriculture and had
c; 'HI' 1'1O;~~1 n:..,'.\lllhL ;~lf. \~~.r~e'lru;1 RI:I!(C'I;m.;rollll\~"lal\!'fOI"'I,"(1 Spr,'P!" Sllr\(!\' .h""
i
been left fallow, Deep row furrows still remain on the property, Current vegetation on the
parcel is secondary re-growth and contains a mix of vegetation typical of disturbed sites,
,A.oenda item r~o. 17C
J January 29, 2C108
Pace> 106 of 129
Chestnut Place'-'J5Hl"cel
Protected S~ci~s Survey
Page 3
The property has the following surrOll11ding land uses:
West Everglades Boule\'ard ROW
North lmmokalee Road ROW
South
East
Golden Gate Estates Lots (Both Vacant and Occupied)
Single Family Home
Listed below are the FLUCCS communities identified on the site, The following community
deseriplions correspond to the mappings on the attached FLUCCS map, See Florida Land Use,
Cover and Forms Classification System (Department of Trans pOI tat ion, Surveying & Mapping
Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further
detailed in Table 4.
Abandoned Af!ricullurall.and, FLUCCS 261. 4.17 Acres
This community is dominated by widely scattered slash pine and oak in the canopy, It
makes up the majority of the property. Midstory includes scattered wax myrtle, often
dense Brazilian pepper, myrsine, and buckthorn, Other vegetation present includes
grapevine, poison ivy, pepper vine, dog fennel, broom sedge, sand black berry, Caesar
weed, swamp fern, and smilax,
Brazilian Fewer, FLUCCS 422 1.54 Acres
Dense Brazilian pepper is found along both ROW's that make up the west and north
property boundaries, Shading from the dense canopy precludes nearly all groundcover
vegetation,
RESULTS
The various protected spccies which Olav OCCUl' in the corresponding FLUCCS cOlmmll1ities arc
shown in Table 'I. All animal species observed on the subject parcel are detailed in Table 2, See
attached drawing cntitled "Chestnut Place-Protected Species Survey" for representative survey
transects,
No animallisled species (or si!.!nsthel'eot) were oQscrvcd, Several common wild pine
(Til/anc!I'iajilscicu/lIll1) were observed in trees on the parcel.
DISCUSSION
The prior agricultural use of the propcny and subsequent vegetation regro\'ith has resulted in
very poor habitat quality on the parcel. The property is immediately adjacent to two major
roadways and wildlife utilization appears very limited.
(i 'liP r,,-,;,.o, I'il~". WW,',l ,g. .1~.'-C11~"n"1 R1J~~'En""nnm~"!al\l''''lal,'d <;;r",;;,;~ ~.,,'.;~ ,1,-.;
Agenda Item No. 17C
January 29, 20Cl8
Paoe 1C17 of 129
Chestnut Place'Parcel
Protected Specil:s Survey
Page 4
Wild Pine {Tillandsia fasciculala!
These individuals may need to be relocated prior to clearing the parcel.
Table 1. Protected species list according to FLUCCS category,
F'LUCCS Potential Listed Species Scientific Name Oe.lenated Stalus
FWCor FWS
FDA
261 &740 Least Tem Sterna An/iI/arum T -
Burrowing Owl Speolylo cunicrdaria SSC -
Gopher Tortoise Gopf1erus polyphemus SSC -
422 NONE - - -
Abbreviations:
A2encic1
FWC=florida Fish and Wildlife Conservation Commission
FDA=Florida Department of Agriculture and Consumer Services
FWS~United Slales Fish and Wildlife Service
Status
E~Endangered
T~Threatened
T(S/ A)~ThrealenedlSimil.rity of Appearance
SSC~Species of Special Concem
C=Commercially Exploited
Table 2. Birds, Mammals, Amphibians. Reptiles, & Plants Observed on the Subject Propcl'ly,
Birds
Common Name Scientific Name Observation Listed'! StAtus
TYDC (Y/N)
Black Vulture CoraK}'p.\" alralt/s DV N -
Turkey Vulture Cot/",,.te!J' auI''' ------
DV N - --
~ Gray Catbird Dumete!ta carolinensi.'i DV,f!V N -
-.-.
! MOlU"~ling f)ove Zenaida macrorrl'{1 DV,IIV N -
Mammuls
Common Name Scientific Name Observation Listed? Status
TvDe (Y/N)
L!'Jine-banded Annadillo Dasypus novemcinCtl~~ Of! N -
Re tiles
Com mon Name
Scientific Nllme
Status
~ Brown Anole
Anolis sa 1 el
DV
(, 1II'I'''Ijc.:. [,iJ",".J,)lr,.]2X' ,\!~"{'~('I"UI R.IJl?~'l:""lrDlIll",m~N>roloxl~d ~II<:~'<:~ ~"'l"...,~ ''',e
J
A.genda item r'~o. 17C
January 29, 2C1C18
Paoe 1G8 of 129
Cltestnut Plilce~Pafcel
Protected Species Survey
Page 5
Amnhibinns
Com IhOD Nmne Scientific Name Observation Listed? Status
Type IY/N)
NONE
,...
Plnnts
Common Name Scientific Name Observation Listed? Stntus
Type (Y/N)
Common Wild Pine Ti/landsia fasciculala DY Y E-FDA
AbbrevlRtions:
~cies
FWC=Florida Fisb and Wildlif<: Conservation Commission
FDA=Florida Department of Agriculture and Consumer Services
FWS~United States Fish and Wildlife Service
Status
E~Endangered
T~Threatened
T(S/A)=ThreatenedlSimilarity of Appearance
SSC=Species of Special Concern
C~Commerci.lly Exploited
Ob~~!,vations
DV~Direct Visual
HV=Heard Vocalization
OT~Observed Tmcks
OH-Observed Hole\Burrow
MT~Marked Tree
C={;avity
Table 3. Ficld time spent on the subject property
Date I Sfa"! Time End Time Hours Task
December 20. 2006 -1 9:30am 12:00pm 2.5 Spec_~c.s Survey
" .---
'-----. - Total -. 2,5
(; 'HI" I''''J<-'-'I ril",'.;C'il\\nR\J~R.CI><<"1U.lh:ly~'.b'~;f""me"IOP.Prnl<cle,1 !lp.ei., S",,-c\' ,)ue
l
.
Agenda Item No. 17e
January 29, 2C1C18
Paoe 1C19 of 129
Chestllut Place Parcel
Protected Species Survey
Page 6
Table 4. Representative vegetation by FLUCCS community on the Chestnut Place Parcel.
NAME
STRATUM
261 - Abandoned Agriculture
Common
Eupatorium capillifalium
Smilax "'pp.
Urena lobara
Andropogon virgin/ellS
Vili.r rotllndifoJia
Schinlls lel'ebin/hifoliu~*
Occasional
Bumelia celastl';na
Serenoa repens
P inll~ el/ioUi
Quercus virginiana
Myrica cerifera
COMMON
NAME
dog-fennel
smilax
Caesar weed
broom-sedge
muscadine grape
Brazilian pepper
ground covel'
vine
gl"Ound cover
ground cover
vine
mid-story
buckthorn
saw palmetto
pine (slash piue)
live oak
wax myrtle
mid-story
mid-story
canopy
canopy
mid-slOlY
*invasive exotic
NAME
STRATUM
422 - Brazilian Pepper
Common..
Schinus terebinthifolius*
COMMON
NAME
Brazilian peppel'
canopy
*invasive exotic
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/
ORDINANCE NO. 08-_._
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDIN~'1CE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE \\1-lICH 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
ESTATES (E) ZONING DISTRICT TO A MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT FOR THE CHES1NUT PLACE MPUD TO
ALLOW A MAXIMUM OF 24,000 SQUARE FEET OF
PER.'vlITTED COMMERCIAL USE FLOOR AREA
WITH A MIXTURE OF RETAIL AND OFFICE USES,
AND A MAXIMUM OF 6,000 SQUARE FEET OF
FLOOR AREA FOR CHURCH AND/OR DAY CARE
FACILITIES AS C01-,'D]TJONAL USES, ON
PROPERTY LOCATED ON lMMOKALEE ROAD (CR
846) AND EVERGLADES BOULEVARD, IN SECTION
29, TOWNSHIP 47 SOlJfH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF
6.01 +/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, William Hoover of Hoover Planning and Development, Inc., and Richard
; Yovanovich, Esq., of Goodlette, Coleman and Johnson, P.A, representing Chestnut Ridge, LLC,
j petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 29,
~ Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
~ Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
ChestrlUt Place MPUD in accordance v.ith Exhibits A through E, attached hereto and
j incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
. Ordinance }.:wnber 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.
Page 1 of2
J
~ommissioners of Collier County, Florida., this
~
PASSED AND DULY ADOPTED by super,majority vote of the Board of County
,2008.
J>..TTEST:
PWIGHT E, BROCK, CLERK
lJy:
,
, Deputy Clerk
:Approved as to fonn
:and legal sufficiency:
~arjorie M, Student-Stirling
'; Assistant County Attorney
: Exhibit A - List of Allowable Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Developer Commitments
1
j-
day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
".
Page 2 of2
/
/\genda Item No. 17G
January 29, 2008
Page 115 of 129'
EXHIBIT "A"
COMMERCIAL AND INSTITUTIONAL TRACTS PLAN
LIST OF ALLOWABLE USES
1, PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master
Plan,
2, GENERAL DESCRIPTION
The MPUD Master Plan is intended to provide for both commercial and
institutional land uses. The Commercial Tract designated on Tract 113 on the
MPUD Master Plan is intended to provide retail and/or office uses limited to a
floor area of 24,000 square feet. All commercial areas shall be developed with a
common architectural theme that includes buildings and signs, The Institutional
Tract designated on Tract 114 on the MPUD Master Plan is intended to provide
child care and/or church uses limited to a floor area of 6,000 square feet.
3, PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures on Commercial Tract 113:
(1) Apparel and accessory stores (groups 5611 - 5661),
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation),
(3) Business services (groups 7311,7334 - 7336,7377,7378,7384),
(4) Child care centers (group 8351),
(5) Churches (group 8661),
(6) Depository institutions (groups 6021-6062).
(7) Eating places (group 5812 except for restaurants with a drive-
through facility are not permitted), Consumption of alcoholic
A;:enrJa Item No. 17C
January 29, 2003
Page 117 of 129
beverages on premises shall be subject to requirements of the
LDG),
(8) Engineering, accounting, and bookkeeping services (groups 8711 -
8721,8748),
(9) Food stores (groups 5411 including convenience stores with
gasoline pumps, 5421 - 5499).
(10) Gasoline service stations (9rouP 5541 but excluding sales of diesel
fuel to heavy trucks over 1 ton rated capacity),
(11) General merchandise stores (group 5399),
(12) Hardware supplies (groups 5231 - 5251),
(13) Health services (groups 8011 - 8049),
(14) Home furniture, furnishin9s and equipment stores (groups 5714,
5719,5734 - 5736),
(15) Insurance carriers, agents, and brokers (groups 6211, 6311 - 6399,
6411),
(16) Legal services (group 8111),
(17) Miscellaneous retail (groups 5912, 5941 - 5949, 5992).
(18) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant).
(19) Personal services (groups 7212, 7221 -7251,7291).
(20) Physical fitness facilities (group 7991),
(21) Real estate (groups 6531, 6541),
(22) United States Postal Service (group 4311 except major distribution
center),
(23) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding).
'.
!i2ii-l r"JO. Ii"=:
!:::I-:uary ~9, 2CC18
1 is of 129
(24) Any other commercial use allowed in the C-1. C-2, or C-3 zoning
districts, and not prohibited in Section 3.D.. that is deemed
appropriate by the Board of Zoning Appeals,
B. Accessorv Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank,
C, Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden
Gate Area Master Plan as Conditional Uses):
(1) Churches (group B661),
(2) Child care centers (group B351),
D, Prohibited Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921),
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962).
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261),
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331),
(5) Amusement and recreation services (group 7999).
(6) General. specialty, and psychiatric hospitals (groups 8062, B063,
B069),
(7) Educational services (groups 8211 - 8231),
(B) Correctional institutions (group 9223),
(9) Environmental resource and solid waste management (group
9511),
(10) Homeless shelters and soup kitchens,
It8rn ~0o. lie
January 29, 2C108
Page 119 of 129
(11) Refuse systems, including hazardous materials (group 4953),
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
! MINIMUM lOT AREA
MINIMUM LOT WIDTH
i MINIMUM YARDS (External)
From Everglades Blvd. ROW
From Immokalee Road ROW
From other MPUD Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
MINIMUM DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
PRINCIPAL uses
10,000 Sq. Ft.
100 Feet
ACCeSSORY uses
Not Applicable
Not Applicable
25 Feet
25 Feet
25 Feet
SPS
SPS
SPS
15 Feet
15 Feet
15 Feet
35 Feet and Limited to
only 1 Story
700 Sq, Ft..
10 Feet
10 Feet
10 Feet
35 Feet
Not Applicable
'Per principal structure on the finished first floor.
SPS = Same as Principal Structure
ROW = Right-of-Way
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD, Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LDC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUD 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, 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 in the LDC shall apply,
liern hlo. 17C
J3:.1~3ry 29. 200B
121 of 129
EXHIBIT "e"
MPUD MASTER PLAN
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Agenda Item No. 17 '
January 29, 2C1C18
Page 122 of 12~
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Agenda Item No. 17C
January 29, 2C1C18
Page 123 of 129
EXHIBIT "D"
LEGAL DESCRIPTION
The subject property being 6,01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7. Page 31 of the Public Records of Collier
County, Florida,
A;j8nda ilern f~O. 17C
January 29, 2003
Page 124 of 129
EXHIBIT "E"
LIST OF DEVELOPER COMMITMENTS
1, UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available,
2, TRANSPORTATION
A, All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FDOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition,
B. Arterial level street lighting shall be provided at all access points, Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO),
C, Access points shown on the MPUD Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Pian; however, no additional access
points shall be considered unless a PUD amendment is approved,
D, Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits, All required
improvements shall be in place and available to the public prior to
commencement of on-site construction. Since both Everglades Boulevard
widening and Immokalee Road Widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUD), this site shall be required to install a minimum 50-
foot radius at each right-in access to this site, Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff, and as such shall be a requirement of this MPUD. The amount of
PIL shall be negotiated by the developer and the County at the
appropriate design phase of adjacent roadway improvements, Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways,
/:";jsnda Item i~o. 1lC
January 29, 2003
Page 125 of 129
E Nothing in any development order (DO) shall vest a right of access in
excess of a right-inlright-out condition at any access point. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee, Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public. Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity.
F. If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then a compensating right-of-way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application. The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns, The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO,
H, The additional right-of-way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 1BO days of approval of the Chestnut Place MPUD. More
specifically, this additional right-of-way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right-of-way and
39 feet in width along the project's entire frontage along the Immokalee
Road right-of-way,
3, ENViRONMENTAL
A minimum of 0,61 acres (15% of the 4,06 acres of native vegetation on site)
shall be required to be retained or replanted,
4, PLANNING
:::;f"i29
A. Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts. The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process.
B, A functional public open-space component shall be provided, Such public
open-space shall be developed as green space within a pedestrian-
accessibie courtyard, as per the LOC, in effect at the time of this MPUD
approval date,
C, All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline, All of the buildings and signs
shall have a similar architectural style and be finished in light, subdued
colors, except for decorative trim, Bank drive-through facilities shall be
architecturally integrated with the bank building,
O. Pedestrian traffic shall be encouraged through the placement of
sidewaiks, pedestrian walkways, and marked crosswalks within parking
areas, Walkways or courtyards shall connect adjacent buildings, Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created.
E, Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
F, All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residenlialland uses.
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward. Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area.
(2) Parking lot lamps shall be low-pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot, building entrance, walkway or other
area intended to be illuminated,
(3) Where lighting of any recreational area is required, such lighting
structure shall be mounted so as to focus illumination on the area
-
Agenda Item No. 17e
January 29, 20Cl8
Page 127 of 129
intended to be illuminated, and to limit the amount of light that
extends outside that area,
5, LANDSCAPING AND BUFFERING
A. A twenty-five (25)-foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road, This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet in height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass, Existing native trees shall be retained
within this twenty-five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall.
B. Where this MPUD directly abuts residential property zoned E-Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted, Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LDC, The native vegetation retention area
may consist of a perimeter berm. Any newly constructed berm shall be re-
vegetated consistent with the LDC:
C, If a fence or wall is constructed between abutting commercial and
residential uses on the Commercial Tract (Tract 113), it shall be
constructed on the commercial side of the required landscape buffer and
shall not exceed a height of five feet. Walls shall be constructed of brick or
stone, Fences shall be of wood or concrete post or rail types, and shall be
open design (not covered by slats, boards or wires), A six foot high
wooden fence shall be constructed within the eastern 75-foot buffer of the
Institutional Tract (Tract 114) at the time of the creation of this 75-foot
buffer along the eastern boundary of the Institutional Tract.
0, Proposed Land Development Code Amendment 2007 (as revised on
November 6,2007), Cycle 2, Subsection 10,02.03,A.5, Paragraphs a, b,
c, and d, relating to non-compatible uses, attached hereto and
incorporated by reference herein as Exhibit "E-1 ", shall apply to the
subject property, and shall be enforced as written.
,L;,asnda item t~o. 17C
- January 29, 2003
Page 128 of 129
EXHIBIT "E-1"
PROPOSED LAND DEVELOPMENT CODE AMENDMENT 2007
.
i\gsnda item No. 17e
January 29, 2C108
Page 129 of 129
Non-compatible uses, It is recoQnized that there are uses and accessory
uses which, because of their verv nature. have characteristics that do not
meet the compatlbilltv criteria of this ordinance and thus adverselv imoact
adiacent areas, Special reoulation of these uses is necessary to ensure
that these adverse impacts will not contribute to the bllqhtino and
downoradino of the surrounclino neiohborhood,
a, Within 15 days from submittal of any site development plan. it
shall be within the discretion of the County Manaaer or desianee
to refuse aooroval of such site develooment olan if it includes a
use that. in the orofesslonal iudament of the County ManaQer or
designee, is not comoatible with and has the ootential to cause a
deleterious effect uPon an adiecent neighborhood.
b, Notice of such refusal shall be Promptlv mailed to the apblicant for
the sile develooment olan. Aoplicant and staff will meet at their
eerliest convenience to discuss and attemot to amicablv resolve
the comoatlbllllv issues, which can include, but is not limited to,
movino the Questioned use to another iocation within the
develoDment.
c. Should the parties be unable to reach an amicable solution. the
matter will be promptlv referred to the Collier Countv Plannina
Commission, At a publiclv noticed hear/nQ, the Plannlna
Commission will review the orooosed use make a findinQ as to (1)
whether the proposed use was intended for this site, as set forth in
the zonina ordinance. and (2) whether such use can be made
compatible with the adloinino neiohborhood throuah the Imposition
of certain conditions or restrk;tions, includina but not limited to
iocatina the use to another location within the development,
bUfferina, Iimitln!:! hours of operation, reQulrlna a vestibule, walls.
and relocatina dumpSters,
d, Should either the County or the apolicant be unwillinQ to abide
with the findinas and recommendations of the Plannino
Commission. the matter will then be forwarded to the Board of
County Commissioners for a public hearino, to be conducted in
the same manner as LDC Section 10,08,00, except that notice
purposes 10 days prior notice bv publication will besufflcient.
Exhibit E-l